95-21615 Reso .,.rr•.1■'.18.1441411kvit
RESOLUTION NO. 95-21615
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA APPROVING
AMENDMENT NO. 6 TO THE ADMINISTRATIVE RULES
AND REGULATIONS FOR POLICE TOWING PERMITS,
REVISING PROCEDURES AND REGULATIONS PERTAINING
TO TOWING AND TO STORAGE OF TOWED VEHICLES,
AND REPORTS REGARDING TOWS, AND REVISING
THE MAXIMUM ALLOWABLE RATES WHICH MAY BE
CHARGED BY PERMITTEES FOR TOWING, STORAGE, AND
OTHER RELATED SERVICES.
WHEREAS, pursuant to Ordinance No. 80-2222 the City Commission
of the City of Miami Beach adopted Article IX of Chapter 44 of the
Miami Beach City Code, providing for police vehicle towing permits
for the towing of vehicles identified by the City as requiring
removal from public and private property; and
WHEREAS, Section 44-53 of Article IX authorizes the City
Manager to promulgate rules and regulations necessary to govern the
exercise of police vehicle towing permits to be approved by the
City Commission and states that those rules will be known as the
"Administrative Rules and Regulations for Police Towing Permit" ;
and
WHEREAS, the "Administrative Rules and Regulations for Police
Towing Permit" were approved by the City Commission on August 20,
1980 ; and have been amended five times thereafter; the fifth
amendment being Resolution No. 93-20912 adopted on September 9,
1993 ; and
WHEREAS, a sixth amendment to the "Administrative Rules and
Regulations For Police Towing Permit" is now needed to improve
reporting requirements, provide for initiation of certain tows by
parking enforcement specialists or through the Police Department,
revise procedures for towing and storage of vehicles, and revise
the maximum allowable rates for towing, storage and other services
in keeping with rates charged for such services in Dade County.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA that the "Administrative Rules and
Regulations For Police Towing Permit" attached hereto and
incorporated herein are hereby approved including all provisions of
the sixth amendment as set forth therein.
PASSED and ADOPTED this 21st day o June , 1995 .
ATTEST: 11
MAYOR
CITY CLERK
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FORMA VED
Le e t.
By Q�
Date 6)5__4--i2.-95
2
I ♦ �
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. y "ip-C1S
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
June 21, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: POLICE VEHIC TOWING PERMIT AMENDMENT
ADMINISTRATION RECOMMENDATION:
The Administration recommends that the Mayor and City Commission
approve the amendment of towing permits issued to towing service
providers, Tremont Towing and Beach Towing. The amendment includes
revising and clarifying the Rules and Regulations pertaining to
towing.
BACKGROUND:
On June 7, 1995 (first reading) and at the June 21, 1995 (second
reading) , the Mayor and City Commission approved the Police Vehicle
Towing Permit amendments, which included revising the renewal terms
from staggered to consistent terms and a revised permit fee
structure.
The Administration further recommends, in first reading, the
amendment of the Police Vehicle Towing Permit, which includes
revising the rules and regulations of the permit . The towing
service providers Tremont Towing located at 1916 Bay Road, Miami
Beach, Florida and Beach Towing, located at 1349 Dade Boulevard,
Miami Beach, Florida currently have a permit issued by the City to
provide towing service for the Police Department . Currently,
various rules and regulations are outdated. These make the towing
process inefficient and ineffective . These deficiencies were noted
in the Lockheed Martin Report . All recommendations herein are
consistent with the Lockheed Report recommendations (see attached) .
•
1 AGENDA ITEM
DATE -2,'
Analysis
The recommended amendments of the Rules and Regulations include the
following:
Section 1 . Communications
The Permittee shall provide his own two-way radio. In addition,
the Permittee shall provide to the Parking Department a two-way
radio to communicate with the Parking Department ' s Parking
Enforcement Specialists.
Section 2 . Storage Facilities
The permittee shall have available outside storage for a minimum of
one hundred (100) vehicles.
Section 6 . Request for Tow Service
All Parking Enforcement Specialists shall be authorized to request
for tow service. (All further references in the permit to Police
Officer for the initiation of tows shall include Parking
Enforcement Specialists. )
Section 10 . Impound Reports/Owner Notification
The Permittee shall be responsible for notifying the registered
owner or his agent, and any lienholder, via certified mail return
receipt requested.
Section 12 . Releases
A photocopy of the identification used for the release shall be
attached to the yellow copy of the vehicle storage receipt .
In the event the vehicle is "junked" the permittee shall provide
the Miami Beach Police Department or Parking Department with a copy
of the certificate of destruction as required by state law. In the
release section of the vehicle storage receipt, information shall
be recorded as to the name, address and telephone number of the
person or company that takes possession.
Section 13 . Equipment Requirements
2
,
•
A. Wreckers
All wreckers will be registered and shall have appropriate licenses
to operate as wreckers .
The Permittee' s towing license number shall be displayed on the
front of the vehicle in letters at least three (3) inches high.
The company name (or name of joint venture) shall be displayed on
the driver and passenger side of the vehicle in letters at least
three (3) inches high.
The company' s address (or address of joint venture) and telephone
number shall be displayed on the driver and passenger side of the
vehicle in letters at least one (1) inch high.
All wreckers shall display a current decal issued by Dade County
Consumer Services Department .
The Proposer shall produce evidence of ownership or valid first
party lease of the required number of Class "A" , Class "B" , Class
"C" and Class"D" wreckers and slide back car carriers .
Each Proposer agrees to maintain mobile equipment of a minimum
quantity as indicated. All equipment shall be maintained in a
state of readiness for response as delineated in this permit and be
for the sole use of the Permittee.
The Proposer agrees to have no markings on either vehicles,
buildings or correspondence that indicates or tends to indicate any
official relationship between the Permittee and the City of Miami
Beach.
1 . Wreckers
See Page number 13 of Towing Permit Rules and Regulations for
specifications of Class "A" , "B" , "C" , and "D" Wreckers.
B. Additional Equipment Required On Each Vehicle
(1) Two-way radio
(2) Proper Safety Lights
(3) Amber Rotation Dome
(4) Two flood light to rear
3
(5) Sand (50 lbs. Minimum)
(6) Heavy duty sweeping broom
(7) Two safety cones (day-glow orange, 2 feet high)
(8) One set of three reflectors
(9) Six (6) 30 minute flares
(10) Flat Shovel
(11) Axe
(12) Fire Extinguisher 5 lbs dry
(13) First Aid Kit - Minimum 16 units
Section 14 . Reports and Files
The Permittee shall maintain, at his place of business, a file
which contain the following legible records :
(1) A vehicle storage receipt (yellow and golden rod copies) of
each impounded vehicle on his premises, proof of ownership
notification and invoice of charges for all vehicles released.
Once the release occurs, the yellow copy is to be returned to
the appropriate department (Police P.E. P. Unit or Parking
Department) with appropriate information. These files will be
maintained sequentially according to police case number or
parking case number.
Parking Department
(6) Sequentially numbered vehicle storage receipts for each and
every vehicle towed under the authority of a parking
enforcement specialist indicating vehicle description, date
and time towed, location towed from and to, date and time
released, itemized charges and reason for impoundment
including referenced citation number or Metropolitan Dade
County Scofflaw Case Number.
Section 22 . Maximum Allowable Rates
The applicable tow rate structure (Class "A" , "B" , "C" and "D" or
slide back carriers) shall depend upon the requirements of the
vehicle, to be towed rather than the actual tow truck used; e.g. ,
if a Class "B" wrecker is used to tow a sedan, the Class "A" rate
structure shall be the basis for charges imposed.
The Permittee agrees that the fees published herein and made a part
of this permit, shall be the maximum fees charged to the owner and
/or operator on all Miami Beach Police or Parking Department
4
originated requests for a wrecker, regardless of whether it was a
police, parking initiated action or "at the owner' s request" .
Item Description Rate
Storage Rates or Charges per day $25 . 00
after the first eight (8) hours.
A. Tow Rate Class "A" Tow Truck $90 . 00
and Class "A" Car Carrier,
including:
1 . First 30 minutes at the scene
2 . Unlocking door
3 . Dropping/hooking-up linkage
4 . Wheel lift equipment
5 . Use of Dolly
B. Tow rate Class "B" Tow Truck including: $125 . 00
1 . First 30 minutes at the scene
2 . Unlocking door
3 . Dropping/hooking-up linkage
4 . Under reach equipment
C. Tow rate Class "C" Tow Truck including: $155 . 00
1. First 30 minutes at the scene
2 . Unlocking door
3 . Dropping/hooking-up linkage
4 . Removal of air dams, shafts or axles
5 . Air hook-up
6 . Under reach equipment
D. Tow rate Class "D" Tow Truck, including: $180 . 00
1 . First 30 minutes on the scene
2 . Unlocking door
3 . Dropping/hooking-up linkage
4 . Removal of air dams, shafts or axles
5 . Air hook-up
6 . Under reach equipment
E. Tow Class "B" or "C" Car Carrier, $125 . 00
5
•A r
including:
1 . First 30 minutes at the scene
2 . Unlocking door
3 . Dropping/hooking-up linkage
G. Use of Contractor' s Boat Trailer,
any length, including storage, per day:
1 . Trailer up to 18 feet in length: $ 50 . 00
2 . Trailer 18 to 30 feet in length: $ 75 . 00
3 . Trailer over 30 feet in length: $150 . 00
H. Special and additional Charges
1 . Extra labor or extra waiting time $ 16 .50
after the first hour at the scene,
and prorated after first hour in
15 minute increments .
2 . Mileage Charges per mile $ 3 . 00
maximum of $21. 00 per tow.
I . Administrative Fee to the $ 20 . 00
City of Miami Beach per tow is included
in the aforementioned notes:
A
24 . Forwarding Reports to Police Department and the City Manager' s
Office
The Permittee shall be responsible for forwarding to the
Police Department, Parking Department and City Manager' s
Office by 3 P.M. each Friday the following:
29 . Enforcement of Rules and Regulations
If at any time the Permittee fails to fulfill the Rules and
Regulations set forth, or if there have been three (3) or more
letters of complaint filed on a Permittee with the City of
Miami Beach, the Parking Department, or Police Department, the
Chief of Police and/or the Director of Parking may request
that the permit be suspended according to the procedure in
Miami Beach City Code Section 44-61.
6
w
34 . Abandoned Vehicles
9 . The Permittee shall pay the City a $20 . 00 per tow for
every abandoned vehicle that the Permittee tows . *
* (The City shall no longer be responsible for payment of
abandoned vehicles. )
35 . Monthly Billing
1 . The City of Miami Beach shall bill the Permittee for all
tows by the 10th of each month, for the prior month. A
late fee of $50 . 00 plus 18% per annum, interest charges
shall be assessed on all payments received after the
20th day of the billing month. The payment shall be sent
to the City of Miami Beach Finance Department (Revenue
Section) . The payments shall be clearly marked Police
Tows or Parking Tows and accompanied by the City invoice
remittance sections.
CONCLUSION:
The Administration recommends that the Mayor and City Commission
approve the amendments to the towing permit in order to make
towing fees, rules and regulations consistent with those of
Metropolitan Dade County. The success of programs such as the Valet
Parking Ordinance, Residential Permit Parking, and the clearing of
streets and alleyways is directly related to the City' s ability to
promulgate and enforce its parking regulations. Metropolitan Dade
County increased all fines for parking violations, effective
October 1, 1994 . This was a preliminary step in "putting teeth" in
parking enforcement regulations country-wide.
An essential tool in effective parking management is the authority
and ability to tow illegally parked vehicles at crosswalks, fire
hydrants, handicap spaces, bus stops, alleys and residential
parking zones as well as impound SCOFFLAW vehicles. Scofflaws are
vehicles with five outstanding parking citations as deemed by
Metropolitan Dade County' s Parking Violations Bureau. Currently,
there are $10 .4 Million in outstanding parking citations for the
City of Miami Beach alone. The Miami Beach Police Department will
be alleviated from responding to parking complaints when vehicles
must be impounded. This will increase police response and patrol
efforts .
7
The addition of a comprehensive and well publicized effort to
implement progressive parking enforcement, which commences with
warning notices and concludes with towing will undoubtedly send a
clear message to violators and reward citizens who respect the law
and take the necessary steps to secure a legal parking space.
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8
City of Miami Beach
Parking Department Executive Summary
sists of too many steps. Consequently, the ve- Department expenses associated with the City's
hicle impoundment process can be very time con- towing effort.
suming for the PES who identifies a tow eligible
vehicle. As a result, the Parking Department's • Screen Impounded Vehicles for Scofflaw
PESs seldom initiate tows. Status.
Although the Parking Department has access to By placing a release hold on towed vehicles that
the PVB's ticket processing data base, the park- are subsequently identified as scofflaw vehicles,
ing violations records of impounded vehicles are the City would have another opportunity to col-
not reviewed to determine if they are in scofflaw lect outstanding ticket revenue.
status. Consequently, the City is missing a "col-
lection opportunity" available through the tow 9.0 SCOFFLAW ENFORCEMENT
release process.
FINDINGS
RECOMMENDATIONS
Scofflaw enforcement makes a significant contri-
While the problems created by vehicles that are bution to the success of a city's parking manage-
parked in violation of safety-related regulations ment program. We have found that immobilizing
are not of the magnitude of larger cities, towing vehicles belonging to those who have failed to
illegally/dangerously parked vehicles is a func- satisfy multiple parking violations through the use
tion that the City must perform to support its over- of a wheel clamp or boot is the most effective
all transportation and parking management scofflaw enforcement technique. Booted vehicles
objectives. Recommendations designed to im- act as a visible deterrent to illegal parking,thereby
prove the efficiency and effectiveness of this im- strengthening ticketing programs and improving
portant parking management function are voluntary compliance.
highlighted below.
In FY94, the City towed 201 scofflaw vehicles,
• Streamline the Towing Process by Enabling less than one per day. As indicated in Exhibit 9,
the PESs to Authorize the Removal of Tow the 201 towed vehicles is a significant decline from
Eligible Vehicles. the two prior fiscal years. The decline in scofflaw
apprehension has revenue implications for the
Giving the Parking Department's PESs the power City. For example, in FY94, the City received an
to authorize the removal of illegally parked ve- average of $577 in ticket revenue for every ve-
hicles would eliminate three critical steps from hicle towed. The 296 vehicle difference between
the current process (see Exhibit 8). FY92 and FY94, therefore, translates to a
$170,792 difference in ticket revenue.
• Provide Adequate Notice for Tow Eligible
Parking Restrictions. The City's current level of scofflaw enforcement
effort is well below program potential. The lack
If the City develops a more active towing program, of an aggressive scofflaw enforcement program
signs should be installed to provide ample warn- is one of the primary reasons that the rate of park-
ing that impoundment is a possible sanction for ing violations is so high. A parking ticket does
contravention of a posted restriction. not have "teeth."
• Establish a Tow Fee That Enables the City Towing is the method of scofflaw apprehension
to Recover Associated Expenses. employed in Miami Beach. As a result, the Park-
ing Department's level of performance can be at-
A towing fee system should be established so that tributed to many of the same operational issues
the City recovers Parking Department and Police outlined in our evaluation of Violation Towing.
_„tlocld,Eed/MS xvii Kimley-Hom&Associates,Inc.
City of Miami Beach
Parking Department Executive Summery
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.Lpc*/eed/M S xviii Kimley-Hom &Associates, Inc.
POLICE TOWING
PERMIT
RULES AND REGULATIONS
HGETEM R - 3 - 1 ' %-
DATE ? _ 2I-9C
•
1. COMMUNICATION SYSTEM
The Permittee shall provide its own two-way radio or approved
alternate equivalent communication system. In addition it
shall provide the Parking Department with a radio to
communicate with its company. The communication system shall
be between the Permittee ' s base station and service trucks
utilized in providing policc towing service for the City.
2 . STORAGE FACILITIES
The Permittee shall have available outside storage for a
minimum of fifty (50) one hundred (100) vehicles . Said
storage area will be enclosed in accordance with applicable
zoning requirements to assure maximum security for impounded
vehicles. All vehicle keys shall be secured separately. The
Permittee shall provide a completely enclosed inside storage
area (solid walls, roof and access door) for at least five (5)
vehicles. Said area will be secured from unauthorized
persons. The City shall designate temporary storage if
necessary where towing is required for special events .
Cars dcsignatcd for outsidc storagc 3ha11 be chargcd at thc
outsidc 3toragc ratc. If thc Pcrmittcc prcfcr3 to use in3idc
ctoragc, it Shall NOT chargc a highcr ratc than thc outoidc
3toragc ratc .
1
In the event all storage facilities of any Permittee are
filled to capacity, the Permittee shall NOT be relieved of
responsibility to perform and is required to make such
arrangements for storage as will fulfill the requirements of
the City. All storage space used which is not listed in the
original application must meet the requirements of the permit.
No storage space or area shall be used unless prior written
approval is obtained from the Miami Beach Police Department oz
Parking Department . Storage must be within the City limits of
Miami Beach for a period of at lca3t thrcc (3) buoinc3s days
(Monday Friday) minimum of seven (7) days, after which
vehicles they may be removed to a facility, meeting the
requirements of the contract, outside the City limits of Miami
Beach but within Dade County, Florida. Any vehicles with a
police hold or vehicles which are recovered stolen Rccovcrcd
tolcn vchic1c3 and vchic1c3 with a policc "hold" for
invcstigation or forfciturc shall not be stored outside the
city limits of Miami Beach. Permittee may not charge an
additional towing fee for removal of any vehicle from the city
limits of Miami Beach for storage. An owner claiming a
vehicle stored outside the city limits of Miami Beach shall be
given the option of free transportation to its vehicle or
2
having its vehicle returned to the Permittee ' s Miami Beach
storage facility without charge .
Unless otherwise instructed by the City Manager or designee,
all vehicles towed at the request of a parking enforcement
specialist or the police department are to be stored at the
Permittee ' s storage facility. No storage charges shall be
applicable for any vehicles which, at the request of the City
Manager or designee, are stored at a City facility.
The Permittee shall have a permanent on-premises office which
shall be staffed on a 24-hour basis by at least one employee
or security guard.
ALL VEHICLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY
AT ALL TIMES.
3 . STORAGE PROCEDURES FOR VEHICLES
The Permittee shall provide storage for impounded vehicles in
the outside enclosed area unless specific written instructions
are given for inside storage by the impounding officer, or
vehicle owner. If so required for proper processing for
investigative purposes, the Permittee shall move the vehicles
to a designated area within the City of Miami Beach for
processing prior to storage, at no additional charge to the
3
City of Miami Beach or to the vehicle owner. In any such
instance, the City of Miami Beach and the Miami Beach Police
Department shall not be held responsible for making sure that
arrangements have been made for towing and storage prior to
release of an impounded vehicle by the City or the Police
Department . All such vehicles shall be first returned to the
permittee ' s property, and then only the fee for the original
tow shall be charged.
4. PROTECTION OF IMPOUNDED VEHICLES AND PROPERTY
The Permittee shall assume total responsibility to ensure that
an impounded vehicle shall remain in the same condition and
retain the same equipment at time of release that it had at
the time it was impounded. The Permittee shall also assume
responsibility for any article (s) of value left in the vehicle
and listed on the Vehicle Storage Receipt . The Permittee shall
replace any equipment and/or article upon verification of the
loss by the designated investigative agency representing the
City of Miami Beach.
If, at the option of the officer at the scene, the vehicle
requires special weather protection, it will so note it on the
Vehicle Storage Receipt, and the Permittee shall be required
4
to cover the vehicle completely with a weatherproof material
and shall be allowed to charge the sum of fifty cents ($ . 50)
per day for this service.
5. LOCATION CHANGES OF IMPOUNDED VEHICLES
The Permittee shall not change the type of storage (inside
and/or outside) or storage location without written approval
of the Miami Beach Police Department Police Evidence Property
Unit (P.E. P. ) Supervisor or authorized designee prior to any
such change.
6 . REOUEST FOR TOW SERVICE
All requests for tow service and removal of traffic hazards
shall be made by a parking enforcement specialist or through
the Miami Beach Police Department . When more than one permit
is in effect, the dispatching unit of either the Parking
Department or the Police Department will assign each tow to
Permittees on a rotating basis, alternating every tow. The
Miami Beach Police Department reserves the right to cancel a
request for services of a participating Permittee at any time
including up to the time of hookup. The Permittee agrees that
the mere response to a service call scene without other action
does not constitute a service for which charges are
applicable.
5
7 . DELAYS
The Permittee shall respond to requests for police or Parking
Department service through Miami Beach Police Department
Communications Bureau within a reasonable period of time. The
Permittee shall respond within twenty (20) minutes of receipt
of request for service or notify the Police Communications
Bureau of the estimated time of delay and the reasons thereof.
In the event of delay the parking enforcement specialist or
the Miami Beach Police Department retains the right to cancel
such a request for service and to use the services of another
Permittee.
8 . ATTENDANT ON DUTY
The Permittee shall make available on a 24-hour, 7-day a week
basis attendants and equipment for the immediate response to
A
calls for service from a parking enforcement specialist or
from the police department . In addition, the Permittee shall
make available adequate personnel to staff its facility
24-hours, 7-days a week for the purpose of dispatching calls
and releasing towed vehicles to owners.
9 . REMOVING HAZARDS
After arrival at a scene, the tow truck operator shall remove
any hazards or debris from the street and impound such
vehicles as requested by the parking enforcement specialist or
6
police officer. It is the duty of the parking enforcement
specialist or the police officer on duty to determine when a
vehicle should be impounded, and the tow truck operator shall
abide by its decision.
10. IMPOUND REPORTS/OWNER NOTIFICATION
The parking enforcement specialist or police officer on the
scene will be responsible for obtaining the information
required for the Vehicle Storage Receipt . The wrecker driver
shall not remove a vehicle from the scene without a copy of
the Storage Receipt . The Permittee shall be responsible for
notifying the registered owner or agent, and any lienholder,
via certified mail, return receipt requested of the
whereabouts of the vehicle within 24 hours of impoundment if
all necessary information has been supplied on the Vehicle
Storage Receipt . If, at the time of impounding, the name and
address of the registered owner and lienholder, if any is not
available, it shall be the responsibility of the Parking
Department or the Police Department to provide obtain this
information to the permittee as soon as possible upon request.
The Permittee shall obtain such information from the Parking
Department or from the Police Department within five (5) days
from the date of storage and shall notify the registered owner
7
or agent, and any lienholder, of the location of the vehicle
within seven (7) days, excluding Saturday and Sunday, from the
date of storage . Notice shall be by certified mail, return
receipt requested and shall be complete upon mailing.
Telephone notice shall also be given when possible . If the
state of registration is unknown, the Permittee shall make a
good faith best effort in so notifying the owner and any
lienholders, and such notice shall be given within a
reasonable period of time from the date of storage. "Good
faith best effort" means the following checks have been
performed by the Permittee to establish prior state of
registration and for title:
1 . Check of vehicle for any type of tag, tag record,
temporary tag, or regular tag.
2 . Check of law enforcement report for tag number, if the
vehicle was towed at the request of a law enforcement
officer.
3 . Check of trip sheet or tow ticket of tow truck operator
to see if a tag was on vehicle at beginning of tow, if
private tow.
4 . If there is no address of the owner on the impound
report, check of law enforcement report to see if an out-
8
•
•
of-state address is indicated from driver license
information.
5 . Check of vehicle for inspection sticker or other stickers
and decals that may indicate a state of possible
registration.
6 . Check of the interior of the vehicle for any papers that
may be in the glove box, trunk, or other areas for a
state of registration.
The Permittee shall maintain a separate log of vehicles in which
the owner or lienholder cannot be determined at place of business
listing date, time and method of notification, location towed from,
and total towing and storage charges .
11. VEHICLES SEIZED FOR FORFEITURE
Vehicles seized for forfeiture pursuant to the Florida
Contraband and Forfeiture Act shall be stored for a period of
up to, but no more than, fourteen (14) days WITHOUT charge to
the City. After that time, if forfeiture proceedings are to
be instituted, the vehicle shall be removed to a city storage
area facility. Storage charges shall cease at the time of
notification by the P.E.P. Unit Supervisor or designee. after
towing chargcd a3 per c3tabli3hcd ratc3 . If forfeiture
proceedings are not instituted or if the vehicle is released
9
to the owner for whatever reason, the owner of the vehicle may
be charged for the storage and towing, in accordance with the
established rates for only the original tow to the permittee' s
lot and for only storage time at the permittee' s lot . This
will not include the tow to and from the City storage area and
the time in police custody.
12 . RELEASES
The Permittee shall directly release any vehicle to its owner
or custodian upon payment of appropriate fees due within
thirty (30) minutes of payment .
The Permittee shall directly release any vehicle which has not
been marked "HOLD" , provided the proper proof of
identification and ownership is presented. Any vehicle towed,
which is marked "POLICE HOLD" cannot be released without
written authorization from the Miami Beach Police Department
P.E. P. Supervisor or designee . The Permittee shall release
any vehicle towed at the request of the Police Department
P .E. P. Supervisor or designee only to the person whose name
appears on the title or registration certificate as the
registered owner of the vehicle, or to the authorized agent of
such person. Persons who make application for the release of
such a vehicle shall be required to produce proof of ownership
10
by presentation of a title or registration and photo
identification, and where applicable, proof of agency. A
photocopy of the identification used for the release shall be
attached to the yellow copy of the vehicle storage receipt .
This information shall be clearly legible.
Whcn foregoing conditiono• c mot bc met because of unusual or
cxtraordinary circumstancc3, t1ke Miami B ach Policc Dcpartmcnt
will bc authorised to approvc the release vcrbally.
All motor vehicles which have not been claimed must be
disposed of according to state and county laws. The Pcrmittcc
shall be required to furnish a copy of public notice for sale,
to the City Manager or designee, at least ten (10) days prior
to the date of 3alc . The Permittee will also be required
within three (3) days after a sale, or if a title is
surrendered for payment, to submit a detailed listing of the
vehicle identification 3crial number of the vehicle, tow
receipt number, police case number, year, make, model of
vehicle, monies received, purchaser' s name, address and local
telephone number. In the event that the vehicle is "junked"
the permittee shall provide the Miami Beach Police Department
with a copy of the certificate of destruction as required by
state law. This copy shall be attached to the yellow copy of
11
the vehicle storage receipt . In the release section of the
vehicle storage receipt, information shall be recorded as to
the name. address and telephone number of the person or
company that takes possession.
12 .1 All vehicles slated for auction must first be approved by the
City Manager or designee.
12 .2 When abandoned/unclaimed vehicles are auctioned by the
Permittee, the City has the right to bid on such vehicles. and
may obtain title to any Such vchicic by bidding thc amount duc
for towing and storage (cenai3tcnt with thc discount rcfcrrcd
to in 12 .3 hcrcin) whcn thcrc arc no othcr biddcrs .
12 .3 The Permittee shall providc not charge the City of Miami Beach
a fifty (S0) perccnt discount on all any towing and storage
charges associated with those abandoned/unclaimed vehicles
which the City chooses to take ownership of (per subsection
12 . 2 above) .
13 . EQUIPMENT
Ownership is not required under this permit; however, legally
binding signed agreements covering leasing or cooperative use
of required equipment must be presented on demand of the City.
Equipment leased or cooperatively used must be made available
to the Permittee on first priority and be so indicated in the
12
agreements to be filed with the Police Department . When the
permittee sub-contracts, the permittee is still responsible
for meeting all of the requirements of these Rules and
Regulations.
Each Permittee shall have available the following types of
equipment :
13 .1 WRECKERS (TOW TRUCKS)
All wreckers will be registered and shall have
appropriate licenses to operate as wreckers. The
Contractor' s towiqg license number shall be displayed on
the front of the vehicle in letters at least three (3)
inches high. The company name (or name of Joint Venture)
shall be displayed on the driver and passenger side of
the vehicle in letters at,least three (3) inches high.
The company' s address (or address of Joint Venture) and
telephone number shall be displayed on the driver and
passenger side of the vehicle in letters at least one (1)
inch high.
All wreckers shall display a current decal issued by the
City of Miami Beach. The Proposer shall produce evidence
of ownership or valid _1st party lease of the required
number of Class "A" . Class "B" , Class "C" , and slide
13
back car carriers .
Each Permittee shall maintain mobile equipment between
its truck and base stations . All equipment shall be
maintained in a state of readiness for response as
delineated in this Contract and be for the sole use of
the Contractor.
The Proposer agrees to have no markings on either
vehicles, buildings, or correspondence that indicates or
tends to indicate any official relationship between the
Contractor and the Miami Beach Police Department or
Parking Department, Dade County, or any government
agency.
13 .2 MINIMUM RATINGS FOR WRECKERS
Wreckers shall meet the following minimum ratings :
(1) Class "A" Wrecker :
(a) Commercially manufactured unit , with a rated
capacity of not less than 10 , 000 pounds, GVW
(b) Cab to axle dimension of not less than 56
inches
(c) Dual rear wheels
(d) Commercially manufactured boom with a minimum
capacity of 8000 pounds
14
(e) Hydraulically operated winch(es) with a
minimum total winching capacity of 8000 pounds
(f) One hundred (100) feet of 3/8 inch steel core
cable per winch
(g) Wheel life with a retracted rating of not less
than 3500 pounds and an extended rati g of not
less than 2000 pounds
(h) Tow sling with a safe lift rating of 3500
pounds
(i), Two (2) 3/8 inch high test safety chains
(j ) , Dolly equipped
(k) One (1) motorcycle sling
(1) Four-way lug wrench
(m), One (1) pair of jumper cables
(2) Class "A" Slide Back Car Carrier:
(a) Commercially manufactured unit, with a rated
capacity of not less than 10. 000 pounds. GVW
(b) Cab to axle dimension of not less than 102
inches
(c) Dual rear wheels
(d) Seventeen (17) feet or longer hydraulically
operated slide back or tilt bed
15
(e) Hydraulically operated winch (es) with a
minimum total winching capacity of 8000 pounds
(f) Sixty five (65) feet of 3/8 inch steel core
cable
(a) Two (2) tie down chains, each ten (10) feet irk
length
(h) Four-way lug wrench
(i) One (1) pair of jumper cables
(3) Class "B" Wrecker:
(a) Commercially manufactured unit, with a rated
capacity of not less than 18 . 000 pounds. GVW
(b) Cab to axle dimension of not less than 84
inches
(c) Commercially manufactured hydraulic boom(s)
with a minimum total capacity of 16 . 000 pounds
(d), Hydraulically operated winch (es) with a
minimum total winching capacity of 16 . 000
pounds
(e) Two hundred (200) feet of 1/2 inch steel core
cable per winch
(f) Under reach with a retracted rating of not
less than 6000 pounds and an extended rating
16
of not less than 4000 pounds
(g) Tow sling with a safe lift rating of 8500
pounds
(h). Two (2) 5/16 inch alloy safety chains
(i) Tow bar equipped
(j ) Two (2) snatch blocks, minimum 8000 pound
capacity each
(k) Two (2) scotch blocks
(1) Brake lock
(m) Six (6) to eight (8) feet of extra towing
chain with hooks, minimum 4000 pound capacity
chain with hooks, minimum 4000 pound capacity
(n) , Four-way lug wrench
(o) One (1) pair of jumper cables
(4) Class "B" Slide Back Car Carrier:
(a) Commercially manufactured unit, with a rated
capacity of not less than 20 . 000 pounds. GVW
(b) Cab to axle dimension of not less than 138
inches
(c) Dual rear wheels
(d) Twenty one (21) feet or longer hydraulically
operated slide back or tilt bed
17
(e) Hydraulically operated winch with a minimum
winching capacity of 8000 pounds
(f) One hunded (100) feet of 3/8 inch steel core
cable
(g) Two (2) tie down chains, each ten (10) feet in
length
(h) One (1) snatch block, minimum 8000 pound
capacity
(i) Four-way lug wrench
(-i ) One (1) pair of jumper cables
(k) Commercial Nonrestricted license plate
(5) Class "C" Wrecker:
(a) Commercially manufactured unit, with a rated
capacity of not less than 36. 000 pounds. GVW
(b) Cab to axle dimension of not less than 144
inches
(c) Commercially manufactured boom(s) with a
minimum total capacity of 50. 000 pounds
(d) Winch(es) with a minimum total winching
capacity of 50, 000 pounds
(e) Two hundred (200) feet of 5/8 inch steel core
cable per winch
18
(f) Under reach with a retracted rating of not
less than 25 , 000 pounds and an extended rating
of not less than 12, 000 pounds
(g) Rear support jacks or outriggers
(h) Tow sling with a safe lift rating of 12 . 000
pounds
(i) Two (2) 1/2 inch alloy safety chains
(j ) Tow bar equipped
(k) External air hookup and hoses to supply air to
disabled vehicles
(1). Two (2) snatch blocks, minimum 24 , 000 pound
capacity each
(m) Two (2) scotch blocks
(n). Spring brake - air lock
(o) Six (6) to eight (8) feet of extra towing
chain with hooks. minimum 4000 pound capacity
Where two (2) Class "C" wreckers are required,
at least one (1) shall be under reach
equipped.
13 .3 ADDITIONAL EOUIPMENT REOUIRED ON EACH VEHICLE
(1) Two-way radio
19
(2) Proper safety lights
(3) Amber rotation dome light
(4) Two (2) flood lights to rear
(5) Sand (50 pounds minimum)
(6) Heavy duty sweeping broom (24" wide)
(7) Two (2) safety cones (day-glow orange, 3
feet high)
(8) One set of three (3) reflectors
(9) Six (6) thirty minute flares
(10) Flat shovel
11
(12) Fire extinguisher 5 lb. dry chemical
Underwriter approved
(13) First aid k±t - minimum 16 units
14. REPORTS AND FILES
The permittee shall maintain, at its place of business, a file
which will contain the following legible records:
14.1 A Vehicle Storage Receipt (yellow and goldenrod copies) of
each impounded vehicle on its premises, along with Vchicic
Dt-erae proof of ownership notification and invoice
of charges for all vehicles released. Once the release
occurs. the yellow copy is to be returned to the requesting
20
department with appropriate information including name,
address and telephone number of the individual to whom each
vehicle was released. This information must appear legibly on
both the yellow and goldenrod copies . The golden rod copy
will continue to be retained by permittee . These files will
be maintained sequentially according to the police case number
or Parking Department number.
14.2 A log of all calls for service by the Police Department and
Parking Department on a weekly basis.
14.3 An Impound/Notification Log indicating date, time and method
of notification to the registered owner of an impounded
vehicle, as well as other requested information, as specified
in Section 10 "Impound Reports/Owner Notification. "
14.4 A log indicating vehicles to be auctioned, date of
auction, name and address of owner and lienholder, and date
contacted.
14.5 A log indicating vehicles sold at auction, date auction
notice was published, proceeds of auction and distribution of
proceeds .
14.6 Numbcrcd invoicc PARKING DEPARTMENT: Sequentially Numbered
Vehicle Storage Receipts for each and every vehicle towed by
authority of a Parking Enforcement Specialist, indicating
21
vehicle description, date and time towed, location towed from
and to, date and time released and itemized charges filed with
Vchicic Storage- Reecipt, Item 14 . 1 above and reason for
impoundment (i .e. Citation Number or Scoff Law case number)
All files, records and logs shall be available for inspection
and checking during normal working hours by the Director of
Parking, Chief of Police or designees. Permittee shall make
available adequate work space including, but not limited to,
a chair and a table, for City personnel inspecting records .
15. ETHICS AND CONDUCT
The Permittee shall conduct its business in an orderly,
ethical and business-like manner at all times, and shall use
every means to obtain and keep the confidence of the motoring
public . All public contact shall be in a courteous and
orderly manner.
16. COMPLAINTS AND DISPUTES
Any complaints received by the City of Miami Beach concerning
misconduct on the part of the Permittee, such as excessive
charges, poor business practices, damage to vehicles, etc. ,
shall be referred to the Office of the Chief of Police car
Director of Parking, depending on which City department
originated the tow. If the situation cannot be resolved, a
22
recommendation for appropriate action shall then be forwarded
to the City Manager or its representative .
17 . EMPLOYEES OF PERMITTEE
Employees e.f the Permittee Shall the fingerprinted,
photographed and iaoucd identification cards by the Police
Department. Such cards- will be renewed annually from the date
of issue and the Pcrmittcc Shall assume the nominal cost of
3amc. A copy of each employee' s Driver License shall also be
kept on file by Permittee and made available to authorized
members gd. the Miami Beach Police Department .
The Permittee (owners of the company or the officers of the
company, if a corporation) shall be responsible, except as
otherwise prohibited by law, for the acts of their employees
while on duty.
18 . UNDERWATER RECOVERY SALVAGE DIVERS
Divers must be scuba certified. For every diver, duty time
shall be computed from the time of arrival at the scene to the
time the vehicle or property is rigged and hoisted to dry
land.
19 . COMPETENCY OF APPLICANTS
Pre-permit inspection of the existing or proposed facilities
will be made after the submission of application.
23
Applications shall be considered only from firms experienced
in the towing business, and who can produce evidence that they
have an established and satisfactory record of performance and
have available the required equipment location, size and site
and organization sufficient to ensure that they can properly
execute the services required:
19 .1 To receive consideration, applicant must identify a base of
operation and an auto pound located within the City of Miami
Beach.
19.2 Applicant must have all necessary County and local licenses
and permits as may be required to operate the type of
requisite business.
19.3 The applicant is presumed to be familiar with all laws,
ordinances, rules and regulations that may, in any way, affect
the work. Ignorance on the part of the applicant will in no
way relieve it from responsibility.
20. ADDITIONAL REOUIREMENTS
20.1 Permittee shall provide standardized, printed, sequentially
numbered, City designed invoice forms listing the nature of
the work performed by it, for the exclusive use of police
tows or Parking Department tows. An invoice shall be made for
24
each and every vehicle towed.
20 .2 Permittee shall keep on file for three (3) years copies of all
paid invoices, together with Vehicle Storage Receipts and any
and all impound logs filed sequentially by police case number
or Parking Department sequentially numbered forms . These
records shall be subject to inspection by the Chief of Police
the Director of Parking or ito their representatives during
normal business hours.
20.3 Permittee must post a City-approved sign indicating charges
authorized by the City. This sign must include a statement
about the accepted methods of payment and the number and kinds
of identification required. At a minimum, the sign must be
in one-inch lettering, with contrasting background,
permanently and prominently posted in the area where the
charges are paid to the Permittee. The area (s) accessible to
the public must be well lighted, with provisions to
accommodate seating for members of the public retrieving
vehicles from the Permittee.
20.4 Permittee shall comply with all written procedures as issued
from time to time by the Parking Department, jointly with the
Police Department, which will facilitate the release of towed
and/or impounded vehicles to the owner.
20.5 Permittee must maintain all storage (pound) and office
25
facilities in a manner commensurate with all applicable
regulations, ordinances, rules and other laws governing the
operation of same.
20.6 Permittee shall use such security measures as necessary to
prevent theft, vandalism, stripping and dismantling of parts
from vehicles in all storage areas used under this permit .
21.E-2--AXIMUM ALLOWABLE RATES
The following rates shall be maximum rates. Rates covering
services not indicated below are prohibited without advance
written approval of the City Commission.
The maximum allowable rates for towing and storage for all
wreckers other than Class "A" are the same as those applicable
for police towing contracts in Metropolitan Dade County. If
those Dade County rates are changed at any time. the City' s
Permittees shall follow the changed rates applicable for Dade
County.
The base rates listed shall include hookup, unlocking vehicle
doors, u3c of dollies, transport of the vehicle and all other
services provided in connection with the transport of the
vehicle from the to the storage site, excluding transportation
coat for locations outside Miami Beach City limits .
TOWING MAXIMUM RATE
26
USE OF FLATBED OR TOW TRUCK (tow charge
included) Service-3 rendered by a tow truck
or flat bcd arricr for recovering, towing or
removing a vehicle of any classification $ 95 . 00
REMOVAL FROM WATER
CLASS 1 $ 25 . 00 plus
50.00 per hour'
CLASS 2 50 . 00 plus
50 .00 per hour'
CLASS 3 75 . 00 plus
50 .00 per hour'
CLA`'S 4 100 . 00 plus
50. 00 per hour'
'Scuba diving charge
TURNOVER SURCIIARCE
CLA.E 1 NO CIIARCE
CLASS 2 $ 25 . 00
CLASS 3 50 . 00
CLASS 4 100 . 00
STORACE
The following rates are the maximum allowable for storage of
a vehicle which has been recovreed, towed or removed. Daily
rates for vehicle storage arc based on a time period of
27
twenty four (2-4) hours . The initial six (G) hours of storage
Shall be without eharc . Thcr after, the first twenty four
hour period for purpoac-s o-f calculating storage rates shall
begin. The daily rate shall apply, according to the vehicle
classifi ation of the vehicle stores, with each fraction of a
day counting as one full day, in accordance with the following
schedule :
(1) Any vehicle, first six (G) hours : No Charge
(2) Motorcycics : $ 3 . 00
(3) Storage of vehicle
First four days : $ 15 . 00/day
After the first four days : $ 22 . 50/day
(4) Administrative fee (after 24 hours) $ 30 . 00
(5) Mileage Rate . no charge within City
limits; outside City limits $ 5 . 00/mile
21 . 1 MAXIMUM STORAGE RATES PERMITTED UNDER THIS PERMIT:
The first eight (8) hours of storage shall be without
charge . Thereafter the following storage rates shall
apply:
(1) Inside-Interior
(a) Motorcycles or Scooters $12 . 00
(b) Any vehicle less than 20 $25 . 00
28
•
feet in length and 8 feet
in width
(c) Any vehicle over 20 feet in $40 . 00
igflatia
(2) Outside-Exterior
(a) Motorcycles or Scooters $10 . 00
(b) Any vehicle less than 20 $20 . 00
feet in length and 8 feet
in width
(c) Any vehicle over 20 feet S30 . 00
in length
(3) Boat and Trailer (Owner' s Unit)
(a) Unit under 20 feet in length $20 . 00
(b) Unit 21 feet to 35 feet in $35 . 00
len
(c) Unit over 35 feet in length S45 . 00
21 .2 A. Tow Rate Class "A" Tow Truck and S 90 . 00
Class "A" Car Carrier. including:
1 . First 30 minutes at the scene
L Unlocking door
Dropping/hooking up linkage
4 . Wheel lift equipment
5 . Use of Dolly
29
• Class "B" Tow Truck including: S125 . 00
• ... First 30 minutes at the scene
2 . Unlocking door
3 . Dropping/hooking up linkage
Under reach equipment
• Class "C" Tow Truck including: $155 . 00
▪ First 30 minutes at the scene
2L Unlocking door
• propping/hooking up linkage
4 . Removal of air dams, shafts or axles
3 Air hookup
6 . Under reach equipment
D Tow Rate Class "D" Tow Truck. including: S180 . 00
2 First 30 minutes at the scene
2 Unlocking door
3 . Dropping/hooking up linkage
6 Removal of air dams. shafts or axles
. Air hookup
6 . Under reach equipment
E• Tow Rate Class "B" or "C" Car Carrier S125 . 00
including:
• First 30 minutes at the scene
2 . Unlocking door
30
3 Dropping/hooking up linkage
Use of Contractor' s Boat Trailer, any length,
including storage. Per Day:
Trailer up to 18 feet in length S 50 . 00
3 Trailer 18 to 30 feet in length S 75.00
Trailer over 30 feet in length S150 . 00
Special and additional charges
3. Extra labor or extra waiting time S 16.50 per hour
after the first
30 minutes at the
scene and
prorated after
the 1st hour in
15 minute
increments.
3 . Mileage charges S 3.00 per mile;
maximum of
S 21. 00 per tow
3 . Administrative fee S15 . 00 maximum
Der tow
Waiting time and extra labor: Cost of any waiting time or
extra labor (i.e. . "retrieving" , special handling) accomplished
within thirty (30) minutes of arrival at the scene shall be
31
included in the base tow rate. If, and only if, such waiting time
or extra labor consumes more than thirty (30) minutes, an extra
waiting time or extra labor charge per fifteen (15) minutes or any
fraction thereof, may be assessed by the Contractor commencing
thirty (30) minutes after arrival at the scene .
The Contractor agrees that any extra waiting time or extra
labor charge authorization should be made by the officer on the
scene, whenever possible, and so indicated in writing on the
vehicle storage receipt .
No charges may be imposed other than those specified in the
contract rate structure except as follows : A maximum charge not
exceeding $15 . 00 (not as an automatic "add-on" , but only when
required to comply with F. S . ) may be imposed by the Contractor for
administrative services, processing of paperwork, clerical work or
title research. Administrative charges refer to and include
verification of Public VIN; search of vehicle for ownership
information; preparation of paperwork required by F. S. ; preparation
and mailing of the notification letter (s) ; and preparation of
vehicle for auction, including notification to owner and/or lien
holder as the case may be .
No chargc3 other than tho3c cotablished herein shall be
imposed for providing any recovery, towing, removal or
vehicle storage service in connection with this permit .
32
NOTE: STORAGE FOR CITY (CONFISCATED) VEHICLES WITH POLICE HOLDS
IS FREE OF CHARGE TO THE CITY. FOR THE FIRST FOURTEEN
(14) DAYS AND SHALL BE $5.00 PER DAY AFTER THE FOURTEENTIF
DAY UNLESS THE VEHICLE IS RELEASED TO THE OWNER FOR
WHATEVER REASON. THE PERMITTEE MUST SHALL ALERT THE
ROAD SERVICE
(to include jump start, delivery of gas, door opening, tire
change when there is not tow $ 20 . 00
23 . RESPONSIBILITY FOR PAYMENT
The motor vehicle operator or owner is responsible for payment
of charges imposed by the Permittee in accordance with the
permit rate schedule .
23 .1 The City of Miami Beach, Parking Department and the Police
Department shall not be responsible for any charges imposed
for towing and storage, or for securing payments due Permittee
upon vehicle release authorized by the City of Miami Beach,
Parking Department and orr and the Police Department .
23 .2 Permittee shall accept the following as acceptable forms of
payment for authorized charges : cash, bank checks drawn on a
bank in Dade or Broward Counties, Florida. Two forms of
identification, one of which shall be a picture
identification, may be required by the Permittee of vehicle
33
operators recovering vehicles.
24. FORWARDING REPORTS TO POLICE DEPARTMENT AND THE CITY MANAGER'S
OFFICE
The Permittee shall be responsible for forwarding to the
Police Department.„ Parking Department AND the City Manager' s
Office by 3 : 00 P.M. each Friday the following:
24.1 Copies of all Vehicle Storage Receipts for vehicles released
the previous week, together with copy of completed numbered
invoice for each vehicle.
24.2 Original log of all calls for service by the Police Department
or Parking Department on a weekly basis .
24 .3 Original log of all vehicles with police holds in the custody
of the Permittee .
24 .4 Original Impound/Notification Log for previous week.
24.5 Original log completed prior to vehicle auctions.
24.6 Copy of Public Notice of auction (10 days prior to auction) .
24.7 Original log completed immediately following auction.
All copies shall be legible, and original forms provided as
requested.
25. OUALIFICATION OF APPLICANT
Each applicant may be required before the issuance of a
permit, to show to the complete satisfaction of the City
Manager, or designee that he has the necessary facilities,
34
ability, and financial resources to furnish the services as
specified herein in a satisfactory manner, and he may also be
required to show past history and references which will enable
the City Manager or designee to satisfy itself as to its
qualifications. Failure to qualify according to the foregoing
requirements will justify the City Manager in rejecting its
application.
26 . ASSIGNMENT
The successful Permittee (s) shall not assign, transfer,
convey, sublet or otherwise dispose of this permit, or of any
or all of its rights, title or interest therein, or its or its
power to execute such permit to any person, company or
corporation without prior written consent of the City.
27 . RELATION OF CITY
It is the intent of the parties hereto that the Permittee
shall be legally considered as an independent Permittee and
that neither he nor its employees shall, under any
circumstances, be considered servants or agents of the City,
and that the City shall be at no time legally responsible for
any negligence on the part of said Permittee, its servants or
agents, resulting in either bodily or personal injury or
property damage to any individual, firm, or corporation.
28. CHANGES IN RULES AND REGULATIONS
35
.
If the City of Miami Beach and/or the Police Department deem
it necessary to add, change or delete Permit Rules and
Regulations, it may be done se through recommendation of the
City Manager and approval of the City Commission.
The only changc in thc Rulc3 and Rcgulationo that may bc
rcquc3tcd by thc Pcrmittcc orc Changes in the Rate Schedule
requested by the Permittee Thi3 may be done through Commission
Amendment, on/or about October 1 each year. aftcr Thirty 30
days prior written notice of such request must be 4s given to
the City of Miami Beach Parking Department and the Police
Department .
29. ENFORCEMENT OF THE RULES AND REGULATIONS
If at anytime the Permittee fails to fulfill the Rules and
Regulations set forth, or if there have been three (3) or more
letters of complaint filed on a Permittee with the City of
Miami Beach or with the Parking Department the Police
Department, the Chief of Police and/or the Director of Parking
may request that the permit be suspended according to the
procedures in Miami Beach City Code Section 44-61 .
30 . INSPECTIONS AND AUDITS
All rccord3, cquipmcnt, per3onncl, and 3toragc facilitic3
3hal1 bc subjcct to periodic chcck3 by dcsignatcd
36
•
rcprc3cntativc (3) of the City of Miami Brach and/or the Policc
Dcpartmcnt .
The Contractor agrees that all the records. equipment,
personnel. office and storage facilities will be subject to
periodic checks and audits by properly designated
representatives of the City of Miami Beach. without prior
notice by the City of Miami Beach.
31. PRINCIPALS/COLLUSION
By submission of an application, the applicant does declare
that the only person or persons interested in this permit as
principal or principals is named therein and that no person
other than therein mentioned has any interest in this permit
and that this permit is made without connection with any
person, company or parties making an application, and that it
is in all respects, fair and in good faith, without collusion
or fraud.
32 . GENERAL TERMS
32 .1 Any vehicle released at the scene by the Parking Department or
Police Department shall be towed to any location the owner or
driver requests within the limits of Dade County at mileage
rates in accordance with the published rates.
32 .2 The Permittee shall have no markings on its vehicles,
37
building, or correspondence that indicates or tends to
indicate any official relationship between the Permittee and
the City of Miami Beach or any Police agency of its
departments .
32 .3 Nothing herein will prevent the owner of a vehicle from
selecting its own tow service .
33 . EMERGENCY TOWING OF CITY OF MIAMI BEACH VEHICLES
Each Permittee shall provide this service for one month at a
time, on a rotating basis . This service is designed to
remove and secure vehicles owned by the City of Miami Beach
which become disabled. during the late night on wcckcnd3 and
holiday3, i .c . , from 12 : 01 A.M. Saturday3 through G: 00 A.M.
Monday3 . No charge will be made for towing City of Miami
Beach vehicles . during thc3c period3 .
In addition, the 3crvice may be provided on weekday-3 free
12 : 00 midnight through G : 00 A.M. Towing required during th4e
period may be billed to the City of Miami Beach at the rate
cstabli3hcd in aragraph 22 , "Rate Schedule" of thcoc
Administrative Rulc3 and Regulation3 for Police Towing Permit .
Invoices for Such towing 3crvices should indicate the date,
time, location and the name and signature of the City employee
operating the vehicle . Such invoices may be forwarded to.
City Manager, City of Miami Beach, 1700 Convention Center
38
Dr. , Miami Beach, FL 33139 .
Emergency service is limited to Dade and Broward Counties .
The Permittee may receive requests for this service from
either the City of Miami Beach Police Department dispatcher or
the Mechanical Maintenance Department dispatcher. In either
case, the dispatcher will give the towing company the
following information:
1 . Location of the vehicle, with the nearest street address.
2 . Takc, Make, year, model and tag number of the City
vehicle, together with all information available as to
the condition of the vehicle.
3 . Name of the City employee operating the vehicle.
The Permittee shall tow and return the City vehicle to the
Mechanical Maintenance garage at 140 MacArthur Causeway. City
of Miami Beach Police Department vehicles may, at the
instruction of the Police Officer operating the vehicle, be
towed to the Police Facility at 1100 Washington Avenue,
instead of the Mechanical Maintenance garage .
34. ABANDONED VEHICLES
Only those abandoned vehicles on public property or public
highways, streets and right-of-ways shall be removed by Policc
the, Towing Permit Holder (Permittee) as directed by the City
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of Miami Beach Chief of Police or its designee or by a parking
enforcement specialist . It is understood that the Permittee
will provide all plant, labor, materials and equipment, and
perform all the necessary work in the manner and form
hereinafter provided to remove abandoned vehicles in the City.
The term "vehicles" shall include, but is not limited to,
automobiles, trucks, truck bodies, house trailers, Small
boats, boat trailcrs, etc. The abandoned vehicle may be
partly or entirely dismantled or may consist of only a major
portion of the body or framework. For the purpose of this
Permit, a "unit" shall consist of the authorization, removal
and disposal of an abandoned vehicle.
1 . The term "abandoned vehicle" shall refer only to those
vehicles which are properly identified as such by the
Chief of Police or designee. The Chief of Police or
designee, or a Parking Department representative will
furnish the Permittee with a vehicle storage receipt .
li3t containing the following information.
o Location of vchicic.
o Dcscription (including your of manufacturc, if
known) .
o Color.
o I .D. Numbcr (if availablc) .
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o License Number (if available) .
o Miami Beach Police Case Number.
2 . The Miami Beach Police Department or a City parking
enforcement specialist issues and affixes stickers on
abandoned vehicles . After a minimum of two (2) five (5)
days, if the vehicle is not removed, it may will be towed
at the request of the City of Miami Beach. However,
vehicles parked where parking is prohibited or so as to
be a hazard or obstruction to traffic may be towed or
impounded immediately. Notwithstanding the above,
vehicles properly parked in one of the City' s Residential
Parking Permit Districts and displaying a valid
Residential Parking Decal shall not be regarded as
abandoned or stored.
The Permittee shall remove abandoned vehicles within five
(5) days after receiving written notice from the City.
If removal annot be accomplished within this period for
good cause, the Permittee Shall notify the Chief of
Police or designee and re tt an extension for
performance under this Pcrfit . It is understood and
agreed that if the five day time limit expires without
the removal of the- aba 4onee1 vehicle, this Shall
con3titute a breach of the Iie-rift, unless the time limit
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is cxtcndcd. The City ree-crc thc right to rescind
pick up orders without the penalty to the City at any
time prior to the actual pickup of the vehicle .
4-- No removal shall be xfxde en Sunday or any day between thc
hours of 10 :00 P.M. and 7 :00 A.M. , unless written
permission to remove during these periods is secured from
the Chief of Police or designee .
5- All abandoned vchielc3 shall be inspected by the
Permittee upon removal and arrival at the Pcrmittec ' 3
place of business . At the time of inspection, a written
inventory of all itcims of personal property found within
the vehicle, but, which arc not a part of the vehicle,
shall be made and the Permittee shall notify the City of
such items .
- The Permittee shall hoi-d the same items for safe keeping
Permittee shall not charge the City for storage of Such
items of personal property, and the City shall take
possession of such items at the earliest convenient time .
The Permittee shall notify by certified letter, sent to
the registered owner and any lienholder, advising of
vehicle location, and that the vehicle must be claimed
within thirty-five (35) days and full payment made of
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,
accumulated towing and any other charges permitted under
these regulations paid. However, when the City has
followed the procedures set forth in Section 705 . 103 ,
Florida Statutes, and amendments thereto the City may
elect to dispose of the vehicle as provided in that
Section and shall so notify the Permittee .
4 . 8-- The vehicle may be stored at the Permittee ' s storage
location or at the salvage company prior to final
disposition of the vehicle in accordance with all
applicable provisions of the Florida Statutes.
6 The Permittee shall pay the City twenty dollars (S20 . 00)
per tow a competitively bid amount for every abandoned
vehicle that the Permittee tows (Sec Proposal App 'cation
for Abandoned Vehicles) .
Payment Shall be Submitted to thc Police Property
Management Unit within the first (10) days of each month
for the previous month and be made payable to the City of
Miami Beach. A list of the abandoned vehicles towed that
month Shall accompany the payment .
A late charge of pl-us applicable interest charges
shall be assessed on all payments received after the 10th
day of thc month.
6 .+9— The Permittee shall assume and be responsible for, and
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shall defend, indemnify and hold harmless the City from
and against all claims and demands of all parties
whatsoever for violation of Section 713 . 78 (5) . Florida
State Statute.. 713 .78 (5) , which states, in part : "Any
vehicle which is stored pursuant to subsection (2) and
which remains unclaimed, or for which reasonable towing
or storage charges remain unpaid, may be sold by the
owner or operator of the storage space after thirty-five
(35) days from the time the vehicle is stored therein" .
The Permittee shall pay all judgements obtained by reason
of a violation of Section 713 . 78, Florida Ctatc Statute,
713 . 78, as specified in suit or suits against the City,
including all legal costs, court expenses and attorney
fees and other like expenses; and the Permittee shall
have the right to join in the defense of such suits.
35. PERMIT FEE-MONTHLY BILLING
The Permittee shall pay to the City a permit fee in the amount
of S20 . 00 for each vehicle towed pursuant to this permit .
35.1 The City of Miami Beach shall bill the Permittee by the 10th
of each month for all tows occuring in the previous month. A
late charge of S50 . 00 plus eighteen percent (18%) per annum
interest charges shall be assessed on all payments received
after the 20th day of the billing month.
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35.2, Payments to the City shall be by check sent to the City of
Miami Beach Finance Department (Revenue Section) . Checks
shall be clearly marked "Police Tow" or "Parking Department
Tow" on the City Invoice Remittance Sections.
36 .3-5-.-INSURANCE REOUIREMENTS FOR POLICE TOWING
See Insurance Check List for applicability to this Permit .
a. The Permittee shall be responsible for its work and every
part thereof, and for all materials, tools, appliances and
property of every description, used in connection with this
particular project . He shall specifically and distinctly
assume, and does so assume, all risks of damage or injury to
property or persons used or employed on or in connection with
the work and of all damage or injury to any person or property
wherever located, resulting from any action or operation under
the Permit or in connection with the work. It is understood
and agreed that at all times the Permittee is acting as an
independent contractor.
b. The Permittee, at all times during the full duration of
work under this Permit, including extra work in connection
with this project, shall meet the following requirements :
i. Worker' s Compensation and Employer' s Liability Insurance
45
to meet the statutory requirements of the State of Florida.
ii. Comprchcn3ivc Commercial General Liability Insurance in
amounts prescribed by the City (see checklist for limits) to
protect the Permittee in the interest of the City against
all risks of injury to persons (including death) or damage
to property, wherever located, resulting from any action or
operation under the Permit or in connection with the work.
This policy i3 to p e idc eovcragc for prcmisc3/operations,
indcpcndcnt Permittee, broad form property damagc,
producto/complctcd operation3, and contractual liability.
iii . Automobile Liability Insurance, including Property
Damage covering all owned, non-owned or hired automobiles
and equipment used in connection with the work.
iv. Any additional coverages required by the Risk Manager
as indicated on the Insurance Check List .
v. Name the City of Miami Beach as an additional ensured on
all liability policies required by the City. When naming
the City of Miami Beach as an additional insured onto said
policies, the insurance companies hereby agree and will
46
•
endorse the policies to state that the City will not be
liable for the payment of any premiums or assessments .
vi . No change or cancellation in insurance shall be made
without thirty (30) days written notice to the City of Miami
Beach Risk Manager.
vii . All insurance policies shall be issued by companies
authorized to do business under the laws of the State of
Florida and these companies must have a rating of at least
B+:VI or better per Best' s Key Rating Guide, latest edition.
viii. Original signed Certificates of Insurance, evidencing
such coverages and endorsements as required herein, shall be
filed with, and approved by, the City of Miami Beach Risk
Manager before work is started. The certificate must state
Bid Number and Title . Upon expiration of the required
insurance, the Permittee must submit updated certificates of
insurance for as long a period as any work is still in
progress.
ix. It is understood and agreed that all policies of
47 •
•
•
•
insurance provided by the Permittee are primary coverage to
any insurance or self-insurance the City of Miami Beach
possesses that may apply to a loss resulting from the work
performed with this Permit.
c. The liability insurance coverage shall extend to and
include the following contractual indemnity and hold harmless
agreement :
"The Permittee hereby agrees to indemnify and hold harmless
the City of Miami Beach, a municipal corporation, its
officers, agents, and employees from all claims for bodily
injuries to the public in and up to the amount of $300, 000 . 00
for each occurrence and for all damages to the property of
others in and up to the amount of $300, 000 . 00 for each
occurrence, as per the insurance requirement under the
specifications, including costs of investigation, all expenses
of litigation, including reasonable attorney' s fees and the
cost of appeals arising out of any such claims or suits
because of any and all acts or omissions or commission of any
negligent acts by the Permittee, its agents, servants, or
employees, or through the mere existence of the project
covered by the Permit .
The foregoing indemnity agreement shall apply to any and all
48
claims and suits other than claims and suits arising out of
the sole and exclusive negligence of the City of Miami Beach,
its officers, agents, and employees, as determined by a court
of competent jurisdiction. "
i . The Permittee will notify its insurance agent, without
delay, of the existence of the Hold Harmless Agreement
contained within this Permit and furnish a copy of the Hold
Harmless Agreement to the insurance agent and carrier.
ii . The Permittee will obtain and maintain contractual
liability insurance in adequate limits for the sole purpose
of protecting the City of Miami Beach, under the Hold
Harmless Agreement, from any and all claims arising out of
this contractual (Permit) operation.
d. All policies issued to cover the insurance requirements
herein shall provide full coverage from the first dollar of
exposure . No deductibles will be allowed in any policies
issued on this Permit unless 3pccific 3afcguard3 havc bccn
c3tablishcd to a33urc an adcquatc fund for paymcnt of
49
dcductiblcc by the inourcd and approved by the City' s Risk
Manager.
e. The Permittee will secure and maintain policies of
subcontractors. All policies shall be made available to the
City upon demand. Compliance by the Permittee and all
subcontractors with the foregoing requirements as to carrying
insurance and furnishing copies of the insurance policies
shall not relieve the Permittee and all subcontractors of
their liabilities and obligations under any section or
provision of this Permit . Permittee shall be as fully
responsible to the City for the acts and omissions of the
subcontractor and of persons employed by them as he is for
acts and omissions of persons directly employed by it .
f. Insurance coverage required in these specifications shall
be in force throughout the contract term. Should any awardee
fail to provide acceptable evidence of current insurance
within seven days of receipt of written notice at any time
during the contract term, the City shall have the right to
cancel the Permit and justify the termination thereof.
g. If bidder does not meet the insurance requirements of the
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specifications; alternate insurance coverage, satisfactory to
the Risk Manager, may be considered.
h. It i3 understood and agreed that the inclusion of more
coverage p rovidcd by these policies for one insured hcrcundcr
with respect to a liability claim or suit by another insured
hcrcundcr or an employee of such other insured and that with
respect to claims against any insured hcrcundcr, other
in3ured3 hcrcundcr Shall be considered members of the public;
but the provisions of this Cross Liability clause shall apply
only with respect to liability arising out of the ownership,
maintenance, use, -occupancy or repair of such portions of the
premises insured hcrcundcr as arc not reserved for the
exclusive use of occupancy of the insured against whom claim
is made or Suit i3 filed.
SWS:scf:6.0disk8\towing.ord
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