R7P-Issue New Police And Parking Towing Permits To Beach Towing And Tremont TowiCOMMISSION ITEM SUMMARY
Condensed Title:
A Resolution approving the issuance of new Police and Parking Towing Permits to Beach Towing
Services, Inc. and Tremont Towing Services, Inc. with said permits having a three (3) year term,
commencing, on November 1, 2012, and ending on October 31, 2015; Further approving
Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing
Permits all as presented at the January 19,2012 Finance and Citywide Projects Committee
meeti
Supporting Data (Surveys, Environmental Scan, etc.): 74% of residents and 72% of businesses rate the
availability of parking across the City as too little or much too little. Availability of parking was one of the
identified to make Miami Beach a better to I
Issue:
Shall the Mayor and City Commission approve the items discussed at the Finance and Citywide Projects
Committee on January 19, 2012, including, issuance of new towing permits for a three (3) term; increases to
the maximum allowable towing rates; and amendments to the Administrative Rules and Regulations of the
The City's Towing Permits, and related issues, have boon the subject of extensive discussions before the
Finance and Citywide Projects Committee (FCWPC) and Mayor and Commission. Most recently, an update
on the towing permit issue was brought before the City Commission on September 12, 2012; at that time, the
Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), deferral of the towing permit
renewals to a joint mooting of the FCWPC and Neighborhoods and Community Affairs Committee (NCAC).
The Mayor and Commission then directed the Administration to place the towing permit renewal item on the
October 24, 2012, City Commission agenda for final review and consideration by the Mayor and
Commission. During the discussion, Mayor Bower requested the Administration provide the FCWPC actions
regarding the towing permits. Pursuant to this request, Letter to Commission (LTC) No. 266-2012 was issued
on October 16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January 19,
2012, meetings, respectively. The Administrative Rules and Regulations for Police and Parking Towing
Permits will be amended pursuant to the direction provided by the Mayor and Commission.
Administration Recommendation: The Administration concurs with all of the items discussed at the
January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item No. 7,
"Maximum Allowable Towing Rates". While it has boon demonstrated that there have boon
legitimate increases in expenses related to the towing permit, the Administration is not able to
Financial Information:
Source of
Funds:
OBPI
iallmpact Summary:
534
FCWPC) approved a
their consideration.
Account
AGENDA ITEM
DATE .......J..:__;;.......J.-'-"-
City of Miami lecu:h, 1700 Convention Center Drive, Miami Florida 33139,
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and
Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager
/
DATE: October 24, 2012
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF
NEW POLICE AND PARKING TOWING PERMITS TO BEACH TOWING
SERVICES, INC. AND TREMONT TOWING SERVICES, INC., WITH SAID
PERMITS HAVING A THREE (3) YEAR TERM, COMMENCING ON
NOVEMBER 1, 2012, AND ENDING ON OCTOBER 31, 2015; FURTHER
APPROVING AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES
AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS
ALL AS PRESENTED AT THE JANUARY FINANCE AND CITYWIDE
PROJECTS COMMITTEE MEETING.
ADMINISTRATION RECOMMENDATION
The Administration concurs with all of the items (Item No. 1~6 on pages 3-4) discussed at
the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item
No.7, ~Maximum Allowable Towing Rates". While it has been demonstrated that there have
been legitimate increases in expenses related to the towing permit, the Administration is not
able to recommend a rate increase based on data specific to the permitee. A
recommendation is withheld until such time that additional information is provided to
evaluate the proposed rate increases on a more analytical basis. An alternative solution is to
allow for a "surcharge fee" for a limited period until the additional expense for the
Enhancements and Technological Improvements are recuperated. The surcharge could be
developed by estimating the aforementioned additional expenses divided by the number of
annual tows for a «Per Tow Surcharge". The Administrative Rules and Regulations for
Police and Parking Towing Permits will be amended pursuant to the direction provided by
the Mayor and Commission.
BACKGROUND
The City's Police and Parking Departments Public Towing Permits, and related issues, have
been the subject of extensive discussions before the Finance and Citywide Projects
Committee (FCWPC) and Mayor and Commission. Most recently, an update on the towing
permit issue was brought before the City Commission on September 12, 2012; at that time,
the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), referral of
the towing permit renewals to a joint meeting of the Finance and Citywide Projects
Committee (FCWPC) and Neighborhoods and Community Affairs Committee (NCAC). The
Mayor and Commission then directed the Administration to place the towing permit renewal
item on the October 24, 2012, City Commission agenda for final review and consideration by
the Mayor and Commission. During the discussion, Mayor Bower requested the
Administration provide the FCWPC actions regarding the towing permits. Pursuant to this
request, letter to Commission (l TC) No. 266-2012 ( see Exhibit "A") was issued on October
535
Towing Permits
October 24, 2012
Page 2 of 7
16, 2012, providing the actions of the FCWPC from their December 27, 2011, and January
19, 2012, meetings, respectively.
The following is the Action taken on January 19, 2012, at the Finance and Citywide Projects
Committee, Item No.3, ~Discussion Regarding Towing Permits". The Committee approved
a motion to forward the towing permit issue to the full City Commission for their
consideration.
Item No. 3. ~ Discussion Regarding Towing Permits ~ ACTION
The Committee recommended that:
• The auditing and Inspection provisions resemble the provisions in the
Boucher Brothers contract.
• Option 1 for resident discounts be put into the contract.
• Review the towing software and in~vehicle camera enhancements in one yE~a:u.
• Administration to continue to negotiate with the Permittees regarding the
number of hours a vehicle is stored at no chargE~ to the customer.
• The item be brought to the full Commission
The Committee asked that the Permittees explain why credit cards and personal
checks are not accepted when the item is brought to the full Commission and that a
discussion regarding the City's towing policy be had.
Assistant City Manager Jorge Gomez presented and gave a brief history of the item. The
Committee discussed the auditing and inspection provisions for the towing permittees.
Commissioner Jorge Exposito asked if the City has the legal ability, other than what is
granted to the City by contract, to determine the profitability of a company or the ability to set
a standard of profit Chief Deputy City Attorney Raul Aguila stated that the City did not have
the ability to determine profitability. Discussion ensued. The Committee recommended that
auditing and inspection provisions resemble the provisions in the Boucher Brothers contract
and that option 1 for resident discounts be implemented. The Committee discussed the
requirements for retrieving a towed vehicle. Chairperson Deede Weithom suggested that a
revision provision be included in the contract to ensure that the permittees are making
progress in regards to implementing the enhancements required by the contract. Ralph
Andrade asked why GPS tracking devices were being required. Parking Director Saul
Frances stated that the tracking would be used for vehicles that are providing city services
and the tracking software will address issues with accountability and show the proximity of
the tow truck to vehicle which is to be towed. Mr. Frances also added that city vehicles are
equipped with GPS tracking devices. Commissioner Jerry Libbin stated that he was not in
favor of moving forward with the renewal of towing permits before an audit was performed.
Ralph Andrade, attorney for Beach Towing, gave a power point presentation regarding
increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the
jurisdictions shown as comparables, how many, if any, have towing as a regulated industry
with a limited number of operators. Mr. Andrade stated that he was unsure if any were
regulated like the City is. Mr. Gonzalez stated that the way industry was regulated would
affect the pricing, more towing companies would yield more competitive rates. Chairperson
Weithorn opened the floor to public comment which included suggestions on revising the
towing bill of rights to better protect the vehicle owner, raising fees not by a percentage but
rather a flat fee, and support for auditing provisions. The Committee asked that the
536
Towing Permits
October 24, 2012
Page 3 of 7
Permittees explain why credit cards and personal checks are not accepted when the item is
brought to the full Commission. The Committee recommended that
• The auditing and inspection provisions resemble the provisions in the Boucher
Brothers contract.
• Option 1 for resident discounts be put into the contract
• Review the towing software and in-vehicle camera enhancements in one year.
• The item is to be brought to the full Commission.
CURRENT STATUS OF TOWING PERMITS
Currently, the towing permits are on a month-to-month extension with Beach Towing and
Tremont Towing, respectively, expiring on December 31, 2012. The Permittees are each
seeking a new towing permit for a three (3) year term.
FINANCE AND CITYWIDE PROJECT COMMITTEE ACTIONS:
The FCWPC reviewed and approved a motion to forward the following items to the full City
Commission for their consideration.
1. Towing Permit Renewals
Currently, the towing permits are on a month-to-month extension and expire on
December 31, 2012. The Permittees are seeking the issuance of new towing
permits for a three (3) year term.
2. Enhancements
a. Uniforms -Permittees to provide all employees with uniforms, which shall be
approved by the City Manager or his designee.
b. Employee Drug Screening -Permittee to perform drug test screening on all
employees, and provide pass/fail results to the City Manager or his
designee, upon request
c. Driver's license Screening -Permittee to perform driver's license screening
on all employees with driving responsibilities.
d. Reduce the storage requirement within the City limits, from seven (7) days to
one (1) day.
3. Technological Improvements
a. Before the end of the first Permit year, Permittees shall have procured,
installed, and implemented Global Positioning System (GPS) tracking
devices on all vehicles. Any such GPS tracking devices must be accessible
to the City for monitoring purposes.
b. At the end of the first Permit year, and provided that Permittees have
complied with the GPS requirement, the City Commission shall review and,
following such review, may elect, in its sole and reasonable discretion, to
require Permittees install the following additional technological upgrades; one
(1) each during the second and third Permit years, respectively: a) towing
software and in-vehicle cameras (to monitor and record tows in real time).
537
Towing Permits
October 24, 2012
Page 4of7
4. City of Miami Beach Resident Discounts for Public Tows
a. Permittees to provide a twenty percent (20%) discount to City residents for
public tows.
b. Discounts may be applied two (2) times per Permit year, per resident, per
Permittee; resulting in a total up to four (4) resident discounts annually.
c. The discount benefit shall "reset" each Permit year, for as long as the Permit
is in effect
d. The 20% discount shall also apply to the City's fee.
5. Stronger Audit Rights
a. In order to clarify and strengthen the City's existing audit rights, as set forth in
the Administrative Rules and Regulations for Police and Parking Department Towing
Permits, Permittees shall meet with City staff including, without limitation, the Chief
Financial Officer and City auditor, to develop and implement systems, procedures,
and controls for the City's financial audits of Permittees' operations pursuant to the
Permit (i.e. for public tows only).
6. Dismissal of Existing lawsuits Dismissal, with prejudice of certain litigation
initiated against the City by Permittee Beach Towing Services, Inc.:
a. Beach Towing Services, Inc. v. The City of Miami Beach, Case No. 11-37364
CA 31, Eleventh Judicial Circuit, General Jurisdiction Division (complaint
challenging the adoption of Ordinance No. 2008-3617 on robotic and
mechanical parking); (The City Attorney's Office has confirmed this lawsuit is
dismissed without prejudice (see Exhibit "B").
b. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No.
11-465 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of
certiorari challenging the Board of Adjustment's opinion upholding the
decisions of the Planning Director with respect to a towing garage in the 1-1
district); (The City Attorney's Office has confirmed this lawsuit is dismissed
with prejudice (see Exhibit "B").
c. Beach Towing Services of Miami, Inc. v. The City of Miami Beach, Case No.
11-466 AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of
certiorari challenging the Board of Adjustment's opinion upholding the
decisions of the Planning Director with respect to a towing garage in the 1-1
district. (The City Attorney's Office has confirmed this lawsuit is dismissed
with prejudice (see Exhibit "B").
7. Maximum Allowable Rate Increases
The Administration met with both Permittees on various occasions and discussed the
Permittees proposed increases to the maximum allowable towing rates. Additionally,
there have been a number of telephone discussions seeking ways to come to
consensus on a methodology, such that the Administration could have a more
538
Towing Permits
October 24, 2012
Page 5 of 7
analytical basis to evaluate the proposed rate changes. The Permittees have cited
the fact that the current towing rates have neither been increased nor adjusted for
CPI (Consumer Price index) since 2005. It is important to note that adjustments for
CPI are typically not applied cumulatively in order to "catch up". However, the
Permittees did substantiate increases in operational costs related to the towing
industry, including:
• Property taxes on Miami Beach are higher than other towing agencies pay in
other areas of the County and have increased over time (see Exhibit "C"
Miami-Dade County Property Tax Notice).
• Fuel prices have substantially increased (see Exhibit "D" U.S. Department of
Energy) from 2005 to the present.
• Labor expenses have also increased over the same period (see Exhibit "E"
U.S. Department of Labor Statistics).
While it is evident that there have been legitimate increases in operational expenses
related to the towing industry, the Administration has not been able to ascertain the
specific impact to the Permittees' operational expenses related to the City's Towing
Permit
It should also be noted that the Permittees were willing to escalate the
implementation of some technology enhancements including GPS tracking devices,
towing software and possibly in-vehicle cameras, had we been able to reach
consensus on the amount of the proposed rate increases. The following is the
Permittees proposed increases to the Maximum Allowable Towing Rates:
a. Outside-Exterior Storage:
(b) Any vehicle less than 20 feet in length and 8 feet in width
$25.00 $ 30.00 effective in the first Permit year
$ 36.00 effective in the third Permit year
b. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including:
First 30 minutes at scene
$~ ~ 5.00 $140.00, effective in the first Permit year
$150.00, effective in the second Permit year
$155.00, effective in the third Permit year
c. Special and additional charges
Mileage charges (per mile):
~ $ 6.00, effective in the first Permit year
$ 7.00, effective in the third Permit year
Maximum per tow:
$35.00 $42.00, effective in the first Permit year
$49.00, effective in the third Permit year
d. Administrative fee:
$30.00 $35.00 maximum per tow. effective, in the first Permit year
$41.00 maximum per tow. effective, in the second Permit year
539
Towing Permits
October 24, 2012
Page 6 of 7
$44.00 maximum per tow. effective, in the third Permit year
e. Dollies or Flatbed Services (per job):
$35.00 $40.00, effective in the first Permit year
$47.00, effective ln the seconf Permit year
$50.00, effective in the third Permit year
f. Labor to Engage Tow:
$25.00 $30.00. effective in the first Permit year
$32.00. effective in the second Permit year
$33.00, effective in the third Permit year
g. Permittees shall pay to the City a monthly Permit fee for each vehicle towed,
in the amount of:
$25.00 $30.00, effective in the first Permit year;
~35.00, effective in the second Permit year;
~40.00, effective in the third Permit year
The monthly Permit fee shall be reduced by twenty percent (20°/o) percent for
each vehicle towed that receives a resident discount of twenty (20%) percent
g. After Hours Fee:
An After Hours Fee may be assessed for tows retrieved between the hours of
8:00 PM and 8:00 AM.
$30.00
ALTERNATE TOWED VEHICLE STORAGE FACILITIES
Commissioner Tobin requested an update regarding the potential relocation of towed vehicle
storage facilities from their current location in the Sunset Harbor neighborhood to Terminal
Island. As previously discussed, the only two industrially zoned areas within the city limits are
Sunset Harbor and Terminal Island. Therefore, an industrial use such as towing must reside in
one these areas with a third option being outside of the city limits; which may be a long term
solution.
Currently, storage outside of the city limits is permitted after a vehicle is stored within the city
limits for seven (7} days. One of the suggested enhancements (see No. 2d on page 3 of 7) is to
reduce the seven (7) day requirement to one (1) day. This would enhance storage capacity. On
a broader scale, if the City Commission wishes to pursue the relocation of all towed vehicle
storage to outside of the city limits, this option would require a competitive process through a
"Call for Applications" pursuant to the City Code. One of the biggest challenges with storage
outside of the city limits is the delivery of the vehicle from the storage facility to the customer.
This process would necessitate development of evaluation criteria would require further
review and analysis.
Moving the towing storage facilities from Sunset Harbor (see Exhibit "F") to Terminal Island (see
Exhibit "G" and "H") may be feasible. The following are some other challenges that would also
need to be addressed:
540
Towing Permits
October 24, 2012
Page 7 of 7
• The adjacent residential neighborhoods, namely the residents of Star/Palm/Hibiscus
islands are opposed to having a towed vehicle storage facility at Terminal Isle. The HOA
has provided written correspondence to this effect
• Impact on the daily operation of the City's Fleet Management and the Sanitation
Department located at Terminal Island due to the constrained layout
• Accommodation of the displaced parking areas that the new towed vehicle storage
facility would occupy.
• Partnering with adjacent property owners would be required in order to explore
opportunities that would improve the City's operations and proceed with any of the
alternative traffic improvements that physically modify the circulation on the island. These
were analyzed in the Traffic Impact Study and various alternatives were identified.
• Currently the intersection of Terminal Island and McArthur Causeway has a complex
geometry and inefficient signal operation. With three independent approaches at
Terminal Island at this intersection, multiple signal phases are needed. These were
analyzed in the Traffic Impact Study and various alternatives were identified.
• Potential delay in towing service delivery at times when traffic congestion peaks on the
causeway.
• Challenges related to continued reduction of industrial space in the City will need to be
addressed for future needs.
Lastly, the Mayor suggested that the Administration review a "turnaround service road" (see
Exhibit 'T) similar to the existing one on Watson Island which provides access under the bridge
at the west end of the causeway. In theory, this suggested roadway could potentially provide
access under the east bridge; however, there are also various challenges to overcome,
including: project costs; potential opposition from neighboring residents; and challenges with
environmental conditions and permitting, including limitation of space, requiring any traffic loop to
be over water and triggering permitting through the appropriate agencies. Should the City
Commission wish to explore this option over the next few years, the City would need to engage a
consultant
CONCLUSION
The Administration concurs with ali of the items (Item No. 1-6 on pages 3-4) discussed at
the January 19, 2012, Finance and Citywide Projects Committee meeting, except for Item
No.7, "Maximum Allowable Towing Rates". While it has been demonstrated that there have
been legitimate increases in expenses related to the towing permit, the Administration is not
able to recommend a rate increase based on data specific to the permitee. A
recommendation is withheld until such time that additional information is provided to
evaluate the proposed rate increases on a more analytical basis. An alternative solution is to
allow for a "surcharge fee" for a limited period until the additional expense for the
Enhancements and Technological Improvements are recuperated. The surcharge could be
developed by estimating the aforementioned additional expenses divided by the number of
annual tows for a "Per Tow Surcharge". The Administrative Rules and Regulations for
Police and Parking Towing Permits will be amended pursuant to the direction provided by
the Mayor and Commission.
Attachments
KGB/POW /JGG/SF
T :\AGENDA \2012\1 0-24-12\ TowingPermitOctober242012 crne.doc
541
EXHIBI A
MIAMI BE H
OFFICE OF THE CITY MANAGER
NO. LTC# 266~2012 LETIER TO COMMISSION
TO: Mayor Matti Herrera Bower and
FROM:
Members of the City Commission /
. Kathie G. Brooks, Interim City Manage/~/----
DATE: October 16, 2012
SUBJECT: TOWlNG PERMITS-FINANCE AND CITYWIDE PROJECTS COMMITTEE ACTION
On September 12, 2012, Commissioner Wolfson placed a discussion item on the
agenda (Item No. R9F) requesting an update on the status of the Police and
Parking Department Towing Permits. The Mayor and Commission discussed the
Item and directed the Administration to place Towing Permit issue on the
agenda for the October 24, 2012, City Commission meeting in order to have a final
discussion and vote on the matter. Mayor Bower requested the Administration to
provide the results of the towing permit item when it was last considered by the
Finance and Citywide Projects Committee (FCWPC). The following are the related
documents (see attachments) and the links to the files containing the audio
recordings of the meeting are also provided below.
"' Towing Permits -January 19, 2012, Finance and Citywide Projects
Committee, Item No. 3.
Link: http://wr:;b.miamibeachfl.gov/cityclerk/scro!l.asgx?id;;;;68854
111 Towing Permits -December , 2012, Finance and Citywide Projects
Committee, Item No.2.
Link: httg://web.miamibeachfl.gov~cityclerk/scroll.aspx?id;;;;68659
Please let me know if you should need any further information,
C: Patricia D. Walker, Chief Financial Officer
Jorge Gomez, Assistant City Manager
Max Sklar, Acting Assistant City Manager
Raymond Martinez, Police Chief
Saul Frances, Parking Director
KGB/PDW/SF
F:\ping\$ALL \SAUL \CMO\T owingPermi!sFCWPCMinutes,ltc.doc
542
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' City of Miami hi::Tch, 1700 Convention Center Drive, lvliomi Booch, Florida 33139, ¥/ww,miamiboochll.g~v
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COMMITIEE MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: City Manager Jorge M. Gonzalez
DATE: March 21. 2012
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETING OF January 19, 2012.
OlD BUSINESS
I
1. Follow up:
outstanding
Report on the number of Business Tax ReceiptS {BTRs}
1
l
ACTION
:
The Committee requested quarterly 1Jpdates be given via letter to Corpmission
(LTC). I
Georgina Echert, Assistant Director of the Finance Department, presented the item. The
City began sending out the Fiscal Year (FY) 2012 renewal notices in early July of 2011.
As of January 13, 2012, the following is a summarry on the status FY 2,012 BTR
renewals: · ·
" 7,801 renewal notices were mailed out;
., 1 ,624 renewal notices remain unpaid; and
.. 1,879 renewals have been paid, but remain in pending status.
A list of business entities that have not renewed their BTR has been sent to Code
' Compliance·for foHow~up action. Ms. Echert also that a follow up notice has been
' sent to remind. businesses that have not renewed BTR. Commissioner J¢ny Libbin
asked how this compares to previous years. Ms. Echert stated that the compliance level
was approximately 65-70% last year, as compared tq 80%) this year. The Committee
requested quarterly updates be given via letter to Commission (l TC). I
2.. Discussion regarding amendments to the Recycling Ordinance
: · ACTION
Item Deferred
3. Discussion regarding towing penmits
543
ACTION
The Committee recommended that:
'" the auditing and inspection provisions resemble the provisions in the
Boucher Brothers contract
'" option 1 for resident discounts be put Into the contract
'" review the towing software cmd i!H•ehicle camera enhancements in one
year
'" Administration continue to negotiate with the Permittees regarding the
number of hours a vehicle is stored at no charge to the customer
'" the item be brought to tile ful! Commission
The Committee asked that the Permittees explain why credit cards and personal
checks are not accepted when the item is brought to the full Commission and that
a discussion regarding the City's towing policy be had.
Assistant City Manager Jorge Gomez presented and gave a brief history of the item.
The Committee discussed the auditing and inspection provisions for the towing
permittees. Commissioner Jorge Exposito asked if the City has the legal ability, other
than what is granted to the City by contract, to determine the profitability of a company or
the ability to set a standard of profit Chief Deputy City Attorney Raul Aguila stated that
the did not have the ability to determine profitability. Discussion ensued. The
Committee recommended that auditing and inspection provisions rese,mble the
provisions in the Boucher Brothers contract and that option 1 for resident discounts be
implemented. The Committee discussed the requirements for retrieving a towed vehicle.
Chairperson Deede Weii:horn suggested that a revision provision be included in the
contract to ensure that the permittees <Jre making progress in regards to implementing
the enhancements required by the contract. Ralph Andrade asked why GPS tracking
devices were being required.· Parking Director Saul stated that the tracking
would be used for vehicles that are providing city services and the tracking software will
address issues with accountability and show the proximity of the tow truck to vehicle
which is to be towed. Mr. Frances also added that city vehicles are equipped with GPS
tracking devices. Commissioner Jerry Libbin stated that he was not in favor of moving
forward with the renewal of towing permits before an audit was performed. Ralph
Andrade, attorney for Beach Towing, gave a power point presentation 'regarding
increasing the towing rates. City Manager Jorge Gonzalez asked Mr. Andrade of the
jurisdictions shown as com parables, how many, if any, have towing as a regulated.
industry with a limited number of operators. Mr. Andrade stated that he was. unsure if
any were regulated like the City is. Mr. Gonzalez stated that the way ind!Jstry was
regulated would affect the pricing, more towing companies would yield more competitive
rates. Chairperson Weithorn opened the floor to public comment which: included
suggestions on revising the towing bill of rights to better protect the vehicle owner,
raising fees not by a percentage but rather a flat fee, and support for auditing provisions.
The Committee asked that the Permittees explain why credit c<;~rds and persona! checks
are not accepted when the item is brought to the full Commission. The Committee
recommended that: ·
'" the auditing ·and inspection provisions resemble the provisions in the Boucher
Brothers contract
'" option 1 for resident discounts be put into the contract
,. review the towing software and in-vehicle camera enhancements in one year
• Administration continue to negotiate with the Permittees regarding the number of
544
hours a vehicle is stored at no charge to the customer
.. the item be brought to the full Commission
4. Discussion of a proposed modification of the Promissory Note dated
February 5, 2007, between MBCDC: Meridian Place, llC, a Florida limited
liability Corporation, to the Miami Beach Redevelopment Agency; and to
discuss a subordination of the City's mortgages in favor of a mortgage
made by a commercial lending institution
ACTION
The Committee recommended that the item be brought to the full Commi$slon and
that the funding chart be. included as part of the memo.
R<;Jai Estate, Housing, and Community Development Director Anna Parekh presented
the item.
A modification of the repayment terms in the Promissory Note dated Februar}t 5, 2007,
between MBCDC: Meridian Place, LLC, to the Miami Beach Redevelopment Agency
was requested In order to facilitate the completion of Meridian Place, as well as to
prevent jeopardizing $6,415,085 of additional public funds which have been awarded to
th.is affordable housing project for formerly homeless elderly people. The repayment
terms in the Promissory Note are not feasible because this affordable housing project
cannot produce suffident cash flow to cover annual principal payments in the flmount of
$150,000 to the RDA. The project rehabilitation is 70% complete, and therefore had no
rental revenue cashflow to make the first $150,000 annual loan payment which was due
in December 2011. Subsequent annual payments are due every December fdr the next
nine years. in the event the RDA Promissory Note debt service is not modified, the ·
project cannot be completed and the other existing funding sources are in jeopardy.
Each of the other funding sources entered into various governing documents with
MBCDC and its predecessor to secure the use of funds and project execution. • While all
the documents were prepared independently each lender, all the loan documents
share coml!Jon covenants which require the delivery of a completed affordable housing
Assistant City Manager Hilda Fernandez noted that neither the $2,864,642 of
the City's HUD HOME and CDBG funds or the $1,379,395 of Miami-Dade County's
Documentary Stamp Surtax Funds require repayment as long as the building is kept
affordable even at the end of the affordability period. The Administration recommended
that the RDA loan repayment terms be restructured to be consistent with other
affordable housing grants (loans) from the City which defer the repayment of t~e funding'
as long as the project ls kept "affordable" in accordance with HUD guidelines. This
project's "affordability period" is currently thirty (30) years, commencing at the issuance
of the Final Certificate of Completion. It was also recommended that at the expiration of
the 30-year affordabi!ity period, that the City may be given the option to either 'call in the
note, extend the affordabi!ity period (e.g. another thirty years), or otherwise modify the
note. lhe Committee recommended that the ttem be brought to the full Commission and
that the·funding chart be included as part ofthe memo.
REPORTS
5. Report on the status of FY 2010/11 potential new revenue initiatives
545
ACTION
None Required
The Committee did not discuss the item.
NEW BUSINESS
6. Request for approval to issue a Request for Qualifications (RFQ) for a
fourth solid waste franchise contractor to provide commercial waste
collections and disposal services
ACTION
The Committee recommended that this item and the item regarding the Recycling
Ordinance be brought back to the March '1, 2012 Finance & Citywide Projects
Committee Meeting.
Public Works Director Fred Beckmann presented the item.
At the Finance and Cltywide Projects Committee Meeting of January 26, 2010, the
Committee recommended that the City pursue the option of maintaining four (4)
franchise haulers and to accept the services package presented combined with a five (5)
year term. The Committee also recommended that a minimum of four (4) haulers be
retained and in the event the number falls below four, the matter be brought to the
attention of the City Commission. There are presently three waste collection and
disposal services franchisees in the City of Miami Beach: Waste Managemef1t of. Dade
County; Waste Services, Inc.; and Choice Environmental Services of Miami. In 2011, a
previous fourth franchisee, General Hauling Services, Inc. was purchased by Waste
Services. The current waste collection and disposal services franchisees have
petitioned the City to maintain at three the number of haulers providing services within
the City. It was recommended that the fourth hauler negotiations could provide the
opportunity for the three remaining haulers to proffer additional resources for the
educational and enforcement requirements of the new recycling ordinance. However,
the re-written ordinance significantly reduces the resource requirements for enforcement
and therefore does not present the same opportunities. The haulers have requested
that -io eJ.;change for agreeing to increase their current contribution to fund green
initiatives form 1,5% to 2% (representing an annual revenue increase of approximately ·
$100,000), and double their annual cash allocation for the purchase of recycling
containers from (15) containers valued at approximately $18,000 to (30) containers
valued at approximately $36,000, or current market value-they would like to keep only
three haulers and exercise the three year renewal option currently at the City's
· discretion in September 2014. Chairperson Deede Weithorn stated that she would like
to delay discussing this item so that lt could be discussed in conjunction with the item
regarding the Recycling Ordinance. Mr. Beckmann stated that the proposed recycling
ordinance is ready aside from the few details that needed to be confirmed with the
County. Commissioner Jerry Ubbin was also in favor of deferring the discussion.
Commissioner Jonah Wolfson and Commissioner Jorge Exposito were in favor of
issuing the RFQ. Discussion ensued. Public comment included support for both issuing
the RFQ and support for keeping the number of wa?te haulers at three. The Committee
recommended thai this item and the item regarding the Recycling Ordinance be brought
back to the March 1, 2011 Finance & City\vide Projects Committee Meeting.
546
7. Discussion concerning City Fees and Charges for Gay Pride 2012
ACTION
Item Deferred
8. Discussion pertaining to the issuance of a Request for Proposals (RFP) for
auditing services for the City's (CAFR), (OMB A-133 Single Audit), The
Miami Beach Redevelopment Agency's basic financial statements (ROA),
· .•. (PSF), (VCA) financial statements, The Miami Beach Convention Center,
as managed by Global Spectrum, financial statements, The Children's Trust
Program, The Building Better Communities Bonds Program, and The Safe
Neighborhood Parks and Bond Program {SNP)
ACTION
The Committee recommended moving forward with the issuance of a Request for
Proposals (RFP) for auditing services.
Georgina Echert, Assistant Director of the Finance Department, presented the item. The
current auditors, McG!adrey and Pullen were selected in Request for Proposals {RFP)
No. 23-05/06 and approved under Commission Resolution 2006-26247 to provide
auditing services for a period of five (5) years with the sole option and discretion of the
City to renew for five(5} additional one (1) year periods. The Committee recommended
moving forward with the issuance of a Request .for Proposals (RFP) for auditing
services.
9. Discussion regarding property assessed clean energy {PACE) program
ACTION
Item Deferred
10. Discussion. pertaining to a retail lease agreement between the City and
South Florida Salem Group, Inc., for use of approximately 1,327 square feet
of City-owned property located at 1701 Meridian Avenue, Unit 1 {AJKIA 765
11TH Street), Miami Beach, Florida ·
ACTION
The Committee recommended that the item be brought to the Commission with
the best deal.
Assistant City Manager Hilda Fernandez presented the item. On November 16, 2011,
Koniver Stem Group, the City's contracted real estate broker, presented the City with a
Letter of Intent (LOI) on behalf of the South Florida Salon Group, Inc., (SFSG) for use of
approximately 1,327 square feet of City-owned space located at 1701 Meridian Avenue,
Unit1. The New York-based investment group which is behind SFSG is proposing to
introduce a relatively new and exciting concept taking hold in many retail markets
throughout California, New York, Arizona, Texas, Atlanta and Miami in the form of a
547
blow-dry hair salon. As the name implies, the facility would offer an attractively
affordable fixed-price menu of blow-dry hair styling options as well as manicuring
services. In addition to SFSG, the City received inquiries about the availability of the
space from the current adjacent tenant. operating as Massage Envy. This existing
tenant wished to expand their current space as well as introduce certain services not
currently included in their franchise agreement, which formed the basis of the lease for
their current space. Further, the initial terms proposed were deemed not favorable to the
City, while the prospective tenant submitted terms more favorable for the City's
consideration. While the adjacent tenant has remained interested ln the vacant reta!l
space, and has since offered comparable terms, the City's broker advised staff that
securing a diverse tenant mix would protect the City 'further, as compared to !easing out
this space to the adjacent tenant and having one tenant control two of four retail spaces.
SFSG is offering to pay $46 per square foot for the space. Based on current market
conditions, the proposed rent is comparable and competitive. Lyle Stem of Koniver
Stem Group stated that Massage Envy had very recently made an offer which exceeded
the current $46 per square foot and suggested that more information be gathered before
a final recommendation is made. The Committee recommended that the item be
brought to the Commission with the best deal.
11. Discussion pertaining to a retail lease agreement with Groove Man
Entertainment, Inc. involving Suites 1 through 4 in the Anchor Shops,
located at 1550 Collins Avenue, Miami Beach, Florida
ACTION
The Committee recommended moving forward and bringing the item to the full
Commission.
Assistant City Manager Hllda Fernandez presented the item and gave a brief synopsis of
the memo.
On January 11, 2012, Koniver Stern Group, the City's contracted real estate broker,
presented the City with a Letter of Intent (l0!) on behalf of Groove Man Entertainment,
(Grooveman Music) for Suites 1 through 4 in the Anchor Shops. G rooveman Music
was founded by DJ/Producer George Acosta in the late 90's and has been doing
business on Miami Beach from their current location at i 543 Washington Avenue since
2002, selling DJ-related products, clothing and accessories, vinyls and CDs and
advance ticketing to music events anywhere in the world. Grooveman is interested in
moving its business to the Anchor Shops, which will not allow them to expand their
business, but also allow them to develop higher-end boutique market with new products
and designers. Given current market conditions, the subject 2,884 square foot space
has been challenging to fill and has been vacant since December 2010. Grooveman
Music has proffered an offer of $31 per square foot, plus tax, to lease the space for an
initial term of five (5) years plus a renewal term of four (4) years and 364 days at the
City's option. The Committee recommended moving forward and bringing the item to
the Commission.
12.Discussion regarding PAL's refusal to hand over Public Records
·ACTION
The Committee recommended that should the PAL not comply with the public
records request to the satisfaction of the City Attorney's Office, a public hearing
548
be scheduled to discuss what measures should be taken including termination of
funding.
City Attorney Jose Smith presented the item and went on to introduce Donald Papy,
Chief Deputy City' Attorney. Mr. Papy stated that he had spoken with the new counsel
for the Police Athletic League (PAL), Israel Reyes, regarding the status of the Miami
Herald's public records request to the PAL for records and that Me 'Reyes stated that
they were cooperating with the Miami Herald and have asked for some additional time
because he had recently become the new counsel for the PAL ML Papy stated that Mr.
Reyes conveyed· his intent to fuHy comply with the request Chairperson Deede
Weithom asked Mr, Papy if he asked what the time frame was for Mr. Reyes to turn the
records in. Mr. Papy stated that he did not ask but stated that Mr. Reyes had asked for
an additional 30 days to respond to the request Steve "Bubba" Cohen, former PAl
board member, stated that his attorney had made the same request in 2009 of the PAl
and that it took a!most two years for the records to be turned oveL Mr. Cohen also
stated that the PAl was requested to respond to the 2005 City Audit but the PAl has
never responded to the audit Mr. Cohen was also concerned that the Parks and
Recreation Department the Boys and Girls Club and the PAL are all in Flamingo Park:
and all competing for a small pool of children. Chairperson Weithom stated that If the
PAL has not complied with the request by the time that the budget is being discussed,
their funding could be cut. Commissioner Jonah Wolfson stated that he would also
support not funding the PAL The Committee recommended that should the PAL not
comply with the public records request to the satisfaction of the City Attorney's Office, a
public hearing be scheduled to discuss what measures should be taken including
termination of funding
549
M!AMIBE H
COMMITIEE MEMORANDUM
TO:
FROM:
Mayor Matti H. Bower and Members of the City Commission
City Manager Jorge M. Gonzalez 'Y{" t
DATE: January 19, 2012 U
This shall serve as written notice that a meeting of the Finance and Citywide
Projects Committee has been scheduled for January 19, 2012, at 3:00 P.M. in
the City Manager's Large Conference Room
The agenda is as follows:
OLD BUSINESS
1. Follow up: Report on the number of Business Tax Receipts (BTRs) ·
outstanding. (Apri/29, 2010 Commission Item C6E)
Patricia Walker -Chief Financial Officer
Discussion regarding amendments to the Recycling Ordinance (July
13, 2011 Commission Item R5F)
Fred Beckman-Public Works Director
3. Discussion regarding towing permits
Jorge Gomez-Assistant Manager
4. Discussion of a proposed modification of the Promissory Note dated
February 5, 2007, between MBCDC: Meridian Place, LLC, a Florida
Limited Liability Corporation, to the Miami Beach Redevelopment
Agency; and to discuss a subordination of the City's mortgages in
favor of a mortgage made by a commercial lending institution
Anna Parekh-Director of Rea! Estate Housing and Community
Development ·
REPORTS
Report on the status of FY 2010/11 potential new revenue initiatives
Kathie Brooks -Budget & Performance Improvement Director
550
NEW BUSINESS
6. Request for approval to issue a Request for Qualifications (RFQ) for
a fourth solid waste franchise contractor to provide commercial
waste collections and disposal services (July 13, 2011 Commission Item
C2G)
Fred Beckmann -Public Works Director
7. Discussion concerning City Fees and Charges for Gay Pride 201.2
{July 13, 2011 Commission Item C4G)
Max Sklar-Cultural Arts & Tourism Development Director
8. Discussion pertaining to the issuance of a Request for Proposals
(RFP) for auditing services for the City 1S (CAFR), (OMB A~133 Single
Audit), The Miami Beach Redevelopment Agency's basic financial
statements (ROA), ..• (PSF}, (VCA) financial statements, The Miami
Beach Convention Center, as managed by Global Spectrum, financial
statements, The Children's Trust Program, The Building ·setter
Communities Bonds Program, and The Safe Neighborhood Parks
· and Bond Program (SNP) (September 14, 2011 Commission Item C71)
(October 19, 2011 Commission Item C.4D)
Patricia Walker-Chief Financial Officer
9. Discussion regarding property assessed clean energy (PACE)
·program (October 19, 2011 Commission Item RSiH)
Fred Beckman -Public Works Director
10. Discussion pertaining to a retail lease agreement between the City
and South Florida Salon Group, inc., for use of approximately 1,327
square feet of City-owned property located at 1701 Meridian Avenue,
Unit 1 (A/KIA 7651.7TH Str~et), Miami ~each, Florida .
Anna Parekh -Director of Real Estate Housing and Community
Development
11. Discussion pertaining to a retail lease agreement with Groove Man
Entertainment, Inc. involving Suites. 1 through 4 in the . Anchor
Shops, located at 1550 Collins Avenue, Miami Beach, Florida
Anna Parekh -Director of Rea! Estate Housing and Community
Development ·
12.Discussion regarding PAL's refusal to hand over Public Records
(December 14, 2011 Commission Item R9W)
Jose Smith -City Attorney
551
Fine.uu;e and Citywide Prolects Committee Meetings for 2012:
March 1 , 2012
March 29, 2012
April 19, 2012
May 17, 2012
June 21, 2012
July 26, 2012
September 20,2012
November 29, 2012
December 20, 2012
JMGIPDW!rs/th
To request this material in accessible format, sign language interpreters,
information on access persons with disabilities, end/or accommodation to
review any document or participate in any city~sponsored proceeding, please
contact 305*604-2489 (voice), 305*673-7524 (fax) or 305~673-7218 (TTY) five
days in advance to initiate your request. TTY users may also calf 711 (Florida
Relay Service). · ,
Cc. Mayor and Members of the City Commission
Management Team
552
553
i l ~t=' lr o~= ,.
OF.FICE OF THE CITY WANAGER COMMIITEE MEMORANDUM
~-.-.TO: Finance and Citywide Projects Committee
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19, 2012
SUBJECT: DISCUSSION REGARDING POUCE TOWING PERMITS ~ FOLLOW~UP
On December 27, 2011, the Flnance and Citywide Projects Committee (FCPC) discussed the
police towing permit issues at length. The FCPC directed the Administration to bring back the
item to its meeting on January i 9, 201 2; continue negotiations with both Permittees (Beach
Towing and Tremont); and perform further analysis regarding the following: (1) enhance the
public benefit provisions; (2) confirm towing rates for comparable jurisdictions; (3) conduct a
sensitivity analysis for the index applied in the towing rate analysis provided by the
Permittees (CP! -Consumer Price Index); (4) enhance the existing audit and inspection
provisions by developing agreed upon procedures; (5) dismissal of the pending lawsuits; and
(6) return with the Terminal Isle discussion.
The Administration has conducted the analyses directed by the Committee, and met with
representatives of both Permittees on Friday, January 6, 2012, Tuesday, January 10, 2012
and Friday, January 13, 2012, The fo!!owing reflects the results of those meetings:
I. PUBUC BENEFITS
At the FCWPC meeting of December 2011, the Permittees clarified that the proposed
public benefit was a one time, 20% reduction for Miami Beach residents. The FCWPC not
feel that this ·was a significant benefit and they requested that other options be explored.
The following two options were developed and agreed upon by the Administration and
Permittees. The Administration is seeking feedback and direction from the FCWPC: ·
A. Resident Discounts for Public Tows
Option 1:
• Twenty percent (20%) discount to Miami Beach residents for public tows only.
"' Discount may be applied two (2) times per year, per resident, per Permittee. This
equates to four (4) benefits annual!y. The benefit resets each year; therefore, the
resident receives the benefit annually for as long as the Permit is in effect. Permittee
will track issuance of discounts to residents, annually.
"' Residents must provide proof of residency within the City limits, and their driver's
license information must match with the vehicle registration information.
"' 20°/o discount would also be applicable to the City's Fee.
Option 2:
• Twenty percent (20%) discount to Miami Beach residents for public tows only.
• Discount may be applied three (3) times, per resident. This benefit does not reset
each year; therefore, the resident receives this benefit three (3) times, from each
Permittee, for a total of six (6) benefits .. Permittee will track issuance of discounts to
residents, annually.
• Residents must provide proof of residency within the City limits, and their driver's
license information must match with the vehicle registration information.
• 20% discount would also be applicable to the City's Fee.
554
Discussion Regarding Towing Permits-Updated
Finance & Citywide Projects Committee Meelfng
January 19, 2012
Page 2 of 10
B. Permittees agreed to develop a forma! "internal reviewn proeess to address citizen
complaints. This has not been developed as of the writing of th!s memo.
U. MAXIMUM ALLOWABLE TOWiNG RATES~ ANALYSIS
At the December 6, 2011, FCWPC Meeting, the Permittees jointly provided an analysis of the
Maximum Allowable Towing Rates. The analysis alleges that the current towing rates are
Inadequate, since. they have not been increased since 2004. The analysis further alleges
that a CP! (Consumer Price Index) of three percent (3%) be applied to certain towing rates
(See attached Permittees' Analysis). The summary (Table 2) of the Permittees' Analysis was
inserted into the chart below for comparative purposes.
At the direction of the FCWPC on December 2t11 , the Administration updated Its own
research of towing rates in comparable jurisdictions, and also received data from the
Permittees regarding towing rates from comparable jurisdictions. The table below has been
updated as per discussions wlth the Permittees; however, this analysis reflects a slngle tow
under a specific set of assumptions. The Permittees believe that the analysis should reflect ·
the various types of tows that occur during time. For example, a sign!flcant percent of tows
may occur during normal work hours and while not a majority, when included in a blended
analysis it wm reflect a different ATF. The Permittees will present a different analysis based
on the above at the FCWPC meeting.
'
Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is comprised of:
• Class "'N Tow Fee
• Administrative Fee
• Mileage one (1) mile
• labor
• After Hours Fee
The Class "A" Tow Fee and the add-on fees mentioned above are the "mode'.' value fees
(value fees that occurs most often) for Miami Beach public tows. In other words, the majority
of tows are comprised of these fees.
555
Dfscu:ssfon Regarding Towing Permits-Updated
Financlil & Citywide Projects Commit1111il Meeting
January 19, 2012
Pege3of10
Cltle& in Fiorlcla
Ba! Harbor
Fort lauderdale
(4}
Jacksonville
Key West
Miami-Dade·
MPA
Or! an do
Surfside (5)
West Palm Baacl'l
Palm Beach
County
Hillsborough
County
Broward County
St Lucia County
lndian River
County
proposed rates
app!too to an
average tow
Total
AlP' Class A
$223.00 $115.00
$159.80 $100.00
$204.03 $106.02
$226.75 $135.00
$161.25 $'104.00
$'176.00 $118.00
$144.00 $125.00
$205.00 $115.00
$228.00 $130.00
$237.00 $156.00
$264.00. $115.00
$192.50 $105.00
$198.00 $100.00
$208.50 $119.00
$271.75 $135.00
2012 $241.00 $'140.00
2013 $259.00 $150.00
2014 $155.00
(1) City Fee is included in the crass A
Fee
(8)
Adm Fee is $63. 16 applied after 72 hours
(3) Adm Fee is $50.00 applied after 48 hours
(4} Permit Fee fs annual/per zone
(5) CMB Towing Permit Piggyback
Adm
Fee
$40.00
$30.00
$0.00
$25.00
$30.00
$30.00
$0.00
$30.00
$60.00
$0.00
$75.00
$30.00
$35.00
$34.00
$25.00
$35.00
$4i.OO
$44.00
{6) Adm Fee applied per notification after 24 hrs
(2)
(7)
(3}
(6)
(6)
$3.00
$4.80
$3.04
$3.00
$3.00
$5.00
$4.00
$5.00
$5.00
$7.00
$4.00
$0.00
$3.00
$3.00
$3.00
$6.00
$6.00
(7) Adm Fee applied per notification after 24 hrs end up to $135
(8) Includes $3.00 Fuel Surcharge
(9) $50 Adm Lien Fee after 24 hours
labor
per15
min
$25.00
$25.00
$22.72
$33.75
$24.25
$23.00
$15.00
$25.00
$33.00
$39.00
$20.00
$27.50
$25.00
$12.50
$33.75
$30.00
$32.00
After
Hours
$0.00
$0.00
$57.25
$30.00
$0.00
$0.00
$0.00
$30.00
$0.00
$35.00
$50.00
$0.00
$35.00
$30.00
$30.00
Fee
$40.00
$0.00
$15.00
$0.00
$0.00
$26.00
$(l.OO
$40.00
$0.00
$0.00
$0.00
$30.00
$0.00
$0.00
$0.00
$30.00
$35.00
S40.00
(1)
Maximum Allowable Towing Rates in Florida-The Average Tow Fee (ATF) is the mode value (value
that occurs most often) for Miami Beach and it Includes fees assessed to the most common type of tow
(Class A TQ\IV). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow Fee;
Administrative Fee; Ml!e;:ige one (i) mile; Labor; and After Hours Fee. Also, please note that the
Permittees presented certain fees that are applicable in the jurisdictions they researched; however,
these certain fees are not applicable to the mode value tow described in the examples below.
556
D!sr:ussfon Regardir.g Tawing Permits-Updated
Finance & CII)Nifde Projocts Committee Meeting
Jeroary 19, 2012
Pa~4of10
Based on the example above, the Permittees have proposed a rate lncr:ease that will ralse
the average tow fee to $269.00 over a three {3) year period. This represents a 31% increase
" over the current Average Tow Fee. It should be noted that the Permittees wm present a
different analysis which takes into account a variety of tows that may result in a different
percent increase. ·
The Class "A" Tow Fee (the most common type of tow) is proposed by the Permittees to
increase from $115, over the three year period, to $155; or an increase of 35°/o over the
current rate. The Permittees have also proposed to increase the City's fee, wbich they ool!ect
for the municlpa!ity, from the current $25 per tow, to $30 per tow in year one; $35 in year two;
and up to a maximum of $40 in year three.
lt is important to note that for pub!ic tows, in addition to the tow fees incurred, a parking
citation also accompanies the tow fee. Parking citation fines for towable infractions range
between $23.00 and $250.00. The only notable exception is for vehicles that have an
impound order for outstanding citations, and even under those circumstances all outstanding
citations must be paid in order to retrieve the vehicle.
IU. CONSUMER PRICE INDEX (CPI) SENSITIVITY ANAlYSIS
The FCWPC discussed the issue of indexing towing rates and directed the Administration to:
(1) conduct a sensitivity analysis regarding the Index (CP!) utilized by the Permittees in their
analysis to determine the actual effect of compounding the CP! to towing rates over a long
period; and (2) insert typical language used in other City ordinances, (such as the Business
Tax Receipts Ordinance) related to an Index or escalator for fees (See Attachment No. 1,
Section 102-379{a)-{c), .which contains sample language previously developed for the BTR
ordinance}. In the alternative, the City Attorney's Office has also developed stafldard
contract language, which it typically uses in leases, concession agreements, and other
agreements that generate payments to the City, providing that the initial fee be increased by
CPI or [XI percent, whichever is greater. However, similar language as that contained in
Attachment No. 1 maybe better suited to the Instant case.
The Administration conducted its own indexing analysis utilizing CPl for the Miami-Fort
Lauderdale area. Upon comparing both the Permittees and the Administration's indexing
analysis, the variations ranged between $0.11 and $2.04 among the fee categories. Please
refer to the tables below.
557
Dfscu&eton Frogardihg Towfng Permits-Updated
Finance & Cftywfdw Pr'ofr!JCtti Committ&e Meeting
January 19, 2012
0 5 of 10
PERMITTEES' C:PI Adjusted Rates from Applicable Base (1005} to FY1012 through FY1014
Outside
Storage
Fee Motor
Outside
Storage Fee
Motor &
Outside
Storage Fee Storage Fee
<20fU&
Outside
$39.40
Class "B"
$151,03
558
Class "C"
Tow
$1.79
Class "D"
Tow
Fee
Class
B&C
Towing
Fee Car
Carrier
Annual
CP!%
Discussion Regarding Towing Permits-Updeted
Finance & C!tywk:Je Projects Committee Meeting
January 19, 2012
Page 6of10
IV. AUDITING AND INSPECTION PROVISIONS
Pursuant to the direction received from the FCWPC to enhance the audit provisions in the
current Administrative Ruies and Regulations (which govern public tows), to look at other
existing audit provisions, in comparable business models, such as the language ln the
agreements between the City and Smith & Wollensky and the Boucher Bros, the
. Administration drafted the tol!owlng language, which could be included In the Administrative
Rules and Regulations (to expand upon the existing audit provisions).
It is important to note that the agreed upon audit procedures for both of the aforementioned
agreements require either an ·automated point of sale (POS) system; cash register, or
comparable system. The industry specific POS and software system offered by Dispatch and
Tracking Solutions (DTS) would provtde the kind of safeguards, reporting; and auditing tools
sought in this provision.
The following is a draft of the proposed language for the provision. The agreed upon audit
procedures would need to be developed jointly between the Permittees and the
Administration.
SECTION#. MAINTENANCE AND EXAM INA TJON OF RECORDS.
Permittee shall maintain current, accurate, and complete financial records, on an accrJal
basis, related to its operations pursuant to this Permit. Systems ahd procedures used to
maintain these records shalf include a system of internal controls; all accounting records shall
be maintained in accordance with generally accepted accounting principles; and shalf be
open to inspection, copying, and audit by the City Manager or his designee upon reasonable
verbal or written notice, during normal hours of operation~ Permittee shalf maintain elf such
records at its principal offlce, currently located at· , Miami Beach, Florida,
33139, or, if moved to another location, all such records shatl be relocated, at Permittee's
sole expense, to a location in Miami Beach, within ten (10) days from notice of request tor
inspection from the City Such records and accounts shall Include, at a minimum, a
breakdown of gross receipts, expenses, and profit and loss statements. Permittee shall
maintain accurate receipt-printing cash services which wllf record and show the payment for
every service provided, Such other records shall· be maintained as would be required by an
independent CPA In order to audit a statement of annual gross recefpts and profit and loss
statement pursuant to generally accepted acco!)nting principles. Permittee records shall also
be maintained for a perfod of three (3) years following expiration (or the termination) of this
Permit (regardless of whether such termination results from the expiration of the Term or for
any other reason).
A monthly report of gross receipts must be submitted to the City Finance Department's
Revenue Manager, no later than thirty (30) days after the close of each month during the
Term herein Permlttee shalf submit to the City's Finance Department's Revenue Manager,
·within sixty (60) days of the end of each contrect year, an annual statement of gross reooipts,
along with any payment required pursuant to Section herein, in a form consistent with
generally accepted accounting principles. Additionally, within one hundred twenty (120)·days
of the end of each permit year, a report applying agreed~upon procedures shall be submitted
to the City Finance Department's Revenue Manager, such statement shall be accompanied
by e report from an independent CPA firm which shalf perform certain agreed upon
procedures, as described in Exhibit_ attached hereto.
SECTION# INSPECTION AND AUDiT.
559
Discussion Regarding Towing Parmlts·Updat&d ·
Finance & G1!ywfde Projer;fu; Gommitwe Meeting
January 19, 2012
Page 7of10
The City Manager or his designee shall be entitled to audit Permittee's records once a year
throughout the Term, and three (3) times within the three (3) year period following expiration
(or other termination) of this Permit. The City shall be responsible for paying all costs
associated with such audlt(s), unless the audlt(s) reveals a deficiency offive (5%) percent or
mora in Permittee's statement of gross receipts for any year or years audited, Jn which case
Permittee shall pay to the City, within thirty (30j days of the City deeming the audit final, the
·cost the audit and a sum equal to the amount of the deficiency revealed by the audit, plus
interest. These audits are in addition to periodic City audits of Resort Tax coflections and
payments (which ere perlormed separately).
It Is Permittee's intent to stay informed of comments and suggestions by the City regarding
Permittee's performance under the Agreement. Within thirty (30) days after the end of each
contract year, Permittee's and the City may meet to review Permittee's perlormance under
the Permit for the previous contract year. At the meeting, Permittee and the City may discuss
quaffty, operational, maintenance and any other issues regarding Permittee's performance
under the Permit. Nothing contained within this Section shall preclude the City's audit rights
for Resort Tax collection purposes. ·
V. DISMISSAL OF PENDING LAWSUITS/LEGAL ISSUES
The City has been a party to the following litigation arising out of disputes between the two
towing companies: ·
1. Beach Towing SeNices, v. The City Of Miami Beach, Case no. 11-37364 CA
31, Eleventh Judicial Circuit, Genera! Jurisdiction Division (complaint challenging the
adoption of Ordinance 2008-36i 7 on robotic and mechanical parking):
2. Beach Towing SeNioos Of Miami, Inc., v. City Of Mleml Beach, Case No. 11-465
AP, Eleventh Judicial Circuit, Appellate Division (petition for writ of certiorari challenging the
Board of Adjustment's opinion upholding the decisions of the Planning Director with respect
to a towing garage in the 1-1 district); and
3. Beach Towing SeNices Of Miami, Inc., v. City Of Miami Beach, Case No. 11-466
AP, Eleventh Judicial Circuit, Appellate Divtsion (petition for writ of certiorari challenging the
Board of Adjustment's opinion upholding the decisions of the Planning Director with respect
to a towing garage ln the 1-1 district).
The Plaintiff in case number 1 has filed a notice of voluntary dismissal without prejudice.
Case numbers 2 and 3 have been partially briefed, and await replies to be filed by. the
Petitioners. lt is proposed tll:at as a condition of approval of Permit renewal, that the
plaintiffs agree to dismiss, with prejudice, their lawsuits and petitions, within five (5) days of
adoption of the Resolution, each party to bear their own costs and attorneys' fees, and with
the City drafting the Orders of Dismissal. Further, since the Plaintiff has already dismissed
case number 1, that it, and all related persons and entities, agree not to pursue any action
against Ordinance No. 2008-3617, and not to encourage any other person or entity to file any
administrative or judicia! challenge to such Ordinance.
VI. CITY'S !N~HOUSE TOWING iNITIATIVE
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January 19, 2012
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The City Commission discussed the viability of storing City directed towed vehicles on
Terminal Island on June 1, 2011. The Administration was directed to conduct a traffic impact
study for the proposed facility on Terminal island for the storage of towed vehicles. The
results of that study were placed on the Neighborhoods and Community Affairs Comm1ttee
agenda and, after deferring discussions for 1\vo months, the Committee decided, at Its
December 8, 2011 Meeting, to table this Item until such time as the Comm[ssion decides to
place it back on the agenda for discussion. On December 27, 20"1 1., the FCWPG decided to
have the discussion on this Issue with the full Commission. The Committee instructed the
Administration to ensure that the nearby home owner's association be notified of that
upcoming discussion. It is anticipated that this issue will be placed on the City Commission's
February agenda.
VII. ACCOUNTABILITY AND ENHANCEMENTS~ UPDATED
The following enhancements were revisited during the meetings with Permittees and the
results have been highlighted below in bold.
• In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would
be required to record video and audio of all tows, public and private. Recording
equipment shall be mounted on the vehicle (v.rrecker) and any and aU footage
(video/audio) shall be provided to the City, upon request
(Note: Permittees have acquiesced from their previous position and agreed to
consider this as a requirement upon ccmducting further research and
evaluation of the various systems propo~ed).
• RS!!GPS Tracking Devices (Wreckers)~ Radio Satellite Integrators (RS!) is a third
party provider of state-of-the~r:ut vehicle tracking systems. The City has contracted
RS! to provide a web based vehicle tracking system to manage its fleet, including
location, speed, and idle times of City vehicles. Each towing service provider would
be required to engage RS! and deploy GPS tracking devices for all wreckers and/or
service vehicles; and would be required to provide access to the RS! system to the
Police and Parking Departments.
(Note: Permittees have acquiesced from their previous position and agreed to
consider this as a requirement upon conducting further research and
evaluation of the various systems proposed).
• Towing Software (Dispatch and Tracking Solutions)~ Dispatch and Tracking Services
{DTS)-DTS is a third party provider of state-of-the-art towing software. Each towing
service provider shall be requlred to engage DTS, a web based towlng software
provider, to manage public and private property tows. Both towing service providers
. would be required to usa the DTS system for ail tows. A DTS tow fee is assessed for
each tow.
(Note: Permittees have acquiesced from their previous position and agreed to
consider this as a requirement upon conducting further research and
evaluation of the various systems proposed).
"' Tempo·rary [Towed] Vehicle Storage -The Adm1nistration recommends an
amendment to the City Code allowing for temporary storage of towed vehicles during
high impact events in the City.
(Note: Permittees have acquiesced from their previous position and agreed to
this provision).
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Discuss!(){) Regarding Towing Perm/Is-Updated
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• Defamation Provision (video/audio depiction of public tows) -This provmton is
intended to develop protections for the City from potential defamation that may arise
from towing service providers intending to either pursue on their own or engage a
third party to film depictions of public property tows.
(Note: This was previously agreed to by both Permittees and can be required by
the Permit).
" Employee Drug Screening -Towing service providers would perform drug test
screening on a !I employees and provide pass/fa!! results to the City upon request
(Note: This was previously agreed to by both Permittees and can be required by
the Permit). ·
• Drivers license Screening -Each towing service provider would perform driver's
license screening on an employees with driving responsibilities.
(Note: This was previously agreed to by both Permittees and can be required by
the Permit).
' • Uniforms '""" Towing service providers would be required to provide all employees with
uniforms. Uniforms shall be approved by the City Manager or his designee.
(Note: This was previously agreed to by both Permittees and can be required by
the Permit).
" Penalties/Fine Schedule -The existing towing permits allow the Qty Manager to
suspend the permit for a period of time as a penalty. The Administration recommends a
fine schedule, as a financial disincentive, for violatlon(s) of the towing permit. Fines for
typical violations may include, but are not limited to: emp!oyees out of uniform; i!legat
storage of vehicles; overcharging/assessment of drop fees; violations of the conditional
use requirements, etc.
(Note: Both Permittees have agr~ to continue discussing this Issue).
• Extend the number of hours of storage at no charge to the customer from eight (8)
hours to 12 hours.
(Note: Permittees have not agreed to this provision).
CONCLUSION
The Administration seeks further policy direction regarding the proposed revisions to towing
rete increases; public benefits for Miami Beach residents; permit
requirements/enhancements; accountability; and iega! issues.
JMG/
F:\cmgr\$ALL \JGG\Finance Memos\TowlngPermitReferra!FCPCJan192D12.{3) mem.docx . .
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Attachment No. 1
Business taxes for the following businesses, occupations or:
professions ~m'l tlere~y I_~ vied 5md l.m.posed as follows: . . .. .
.Effective on October 1, 2005 (fiscal year 2005-2006), the following:
busln'ess ta.Xes will be increased. by five percent rounded to the'
nearest dollar, and further increased by five p~rcent every other .
;year on October 1, until such taxes/fees have caught up with the:
cumulative percentage-change. in ·the Consiuiier ·Price lnde)C" . . . .. .. . ... . . . ··--·-~---~
(CPI) measure between June 1994 through March 2003, which is.
:24.5 ·percent; further providing for another change equal to the:
cumulath~e perca.W!~.s~--~~~~9 ~-in_.!rreJ~~J ·tr<?~.-~ar~i!_~~m3 J~
~ept~r.n,~r_2Q 1_1.
~As provlded' in Resolution No'. 26o3-=2529tl,-a. review of the anmJa~ permit. teettiusiness taxwi(l--berequire.CI whenever tile ctlange.In!
:the Consumer Price Index (CPI), between the latest CPI and the
aai~ ·:~t t_he cP.(~seC:rto~ji!~ja_si' i~XIi~ ~Ci1u~_i!ri~~(is five!
.percent or greater.' . ~ ..... -....... ....., ... . ___ :J
563
MJA IBE CH
COMMITIEE MEMORANDUM
TO:
fROM:
Mayor Matti Herrera Bower and Members of the City Commission
City Manager Jorge M. Gonzalez '\\~
February 8, 2012 U (____}
SUBJECT: REPORT OF THE FINANCE AND CITYWIDE PROJECTS COMMITTEE
MEETiNG OF December 21, 2011.
OLD BUSINESS
NEW BUSINESS
ACTION
Chairperson Weithom !.u.Jggested that administration contirme to work with Miss
·usA® to negotiate an agreement between th<e City and its partners, not to exceed
$250,000. If SI.:Cc:essful, the agreement would be brought to the City Commission
for approval.
Max Sklar, Director of Tourism & Cultural Development, presented the item.
At· the beginning of December 2011, ACT Productions and the Green Agency
approached the City, the Greater Miami Convention Center and Visitors Bureau
(GMCVB) · and Miami Beach Visitor and Convention Authority 0JCA) about the
opportunity of the City hosting the Miss USA® pageant in Miami Beach in :20120 The
Miss Universe Organization produces the internationally recognized MISS UNIVERSE®,
MISS USA® and MISS TEEN USA® competitions. The MISS UNIVERSE® and MISS
USA® competitions air as live specials and consistently rank among the most watched
television programming in the world. Miss Universe Organization LP., LLLP is a Donald
J. Trump and NBC Universal joint venture. NBC Universal broadcasts the MISS USA®
and MISS UNIVERSE® competitions live during prime time ln the United States. NBC
Universal distributes the shows to international markets (approximately 170 courrtrie$1).
The three events are packaged together for international distribution. NBCUniversa!
promotes the live telecast prior to the elr date, which provides exposure to the host
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564
;Agenda ttem C(tl f)
Date ,;;... 'i-1 L
destination. The pageant is also distributed to over 90 countries and territories
worldwide. Miss USA® was watched by 1 in 17 Americans in 2011 and also has a large
internet presence that generates millions of impressions.
The first eight years of competition (1952~1959) the Miss USA® pageant was held in
long Beach, California. The competition moved to Miami Beach, Florida in 1960 and
stayed in Miami Beach, with the exception of i962, until 1971. In order to host the MISS
USA® Pageant in Miami Beach, the host organization is required to raise cash and/or in-
kind support to cover the production expenses for the event It is expected that the host
organization will seek third party sponsorships in order to help meet the cash/in--I<Jnd
needs necessary to successfully host the pageant; these sponsorships cannot conflict
with any current pageant sponsorships. The original cash and in-kind requirement
discussed with the MISS USA® representatives totaled approximately $3,000,000. This
total requirement included costs for the pageant venue; hotel rooms and meals
(contestants and staff); security; community· events; staging; production; local
transportation; and airfare, among others. In exchange for this commitment, the Host
Organization is considered the "Official Sponsor of the pageant, receives approximately
eight (8} minutes of destination primetime television exposure and audio mentions during
the broadcast on NBC and in pre and post pageant coverage, receives a local economic
tourism impact for three (3) weeks leading up to the pageant, as well as other
promotional opportunities. The 2012 pageant will be televised on June 3, 2012. Pre-
pageant events would lead up to the show, and could include events both in the City and
outside of the City. In order to accommodate the necessary production needs, the
pageant would need to be produced in the Miami Beach Convention Center, which
impacts production costs as compared to the use of an established theater or performing
arts facility; the Fillmore Miami Beach at the Jackie Gleason is not large enough for this
event Following the December 19, 2011 Commission meeting, ACT Productions
reported to staff that the cash and in-kind requirement could potentially be reduced to
$1,000,000 pending further discussions/negotiations. Mr. Sklar stated that he felt that if
the cash and in-kind requirement could be reduced to $500,000 the event would be
feasible and that a rent waiver at the Convention Center would be required for the
pageant Chairperson Deede Weithom asked yvhat the cost would be to the City. Mr.
Sklar stated tltat it would depend on amount of funding provided from other sources. City
Manager Jorge Gonzalez stated that it would be approximately $150,000 -$200,000.
Discussion ensued. Commissioner Jonah Wolfson fen that the GMCVB, as a partner
with the City, should do a!! they can to make the event happen. Commissioner Jerry
Ubb!n was concemed about scheduling the Miss USA pageant during Memorial Day
Weekend.tllis year. Commissioner Jorge Exposito asked what the time frame was for
making the decision. Mr. Sklar stated that the decision on where the pageant would be
held woukl be made in the neict few weeks. Commissioner Michael Gongora was in
favor of the event if the amount of cash/in-kind requirement was reduced to something
·that the City coukl afford and suggested that the City try to host the Latin Grammy
Awards again. Chairperson Weithom asked Chief Financial Officer Patricia Walker if
Resort Tax has exceeded expectations so far this year. Ms. Walker stated that it has
exceeded expectations so far.
Chairperson Welthom suggested that administration continue to work with Miss USA® to
negotiate an agreement between the City and its partners, not to exceed $250,000. If
successful, the agreement would be brought to the City Commission for approvaL
2. Diacussion regarding towing permits
2
102
565
ACTION
City Attorney Jose Smith is to send a copy of the Notice to Dismiss to
Commissioner Michael Gongora.
The Committee requested that Staff do a sensitivity analysis using other rates for
the increase of the towing rate, send a copy of the provisions for auditing the
towing permitees to the full Commission, that an additional public bt'Hieflt be
proposed, that Staff verify the Rate Analysis that was included in the memo, and
tl:lat the towing permitees present cities that they feel are comparable for
comparison. The Committee also referred the discussion regarding Terminal
Island to the full Commission and asked that the neighborhoods that are affected
be notified so that they may have the right to respond.
Assistant City Manager Jorge Gomez presented the item and gave a synopsis of the
memo.
Commissioner Jorge Exposito asked what the reasoning was behind requiring in-vehicle
cameras, GPS tracking and what the costs were. Parking Director Saul Frances stated
that the reason was for protection of not only for the City but the towing operators as
welL The in-vehicle cameras would provide a visual picture of what took place when the
vehicle was being towed and the GPS tracking would ensure that the vehicle was being
taken to the correct storage location. Mr. Franees stated that the in-vehicle cameras
have not beem priced yet, but the GPS tracking system would cost approximately $300
per vehicle for installation and approximately $20 per month for monitoring services.
Commissioner Jerry Libbin asked who was establishing the request for the rate increase.
Mr. Gomez stated that the rates were proposed by the towing companies.
Commissioner Ed Tobin asked how much revenue was generated by City tows. Mr.
Frances stated that last year there were approximately 14,000 tows between the Police
and Parking Departments, and at the Average Tow Fee of $205 minus the City Fee of
$25 would be approximately $2.5 mi!!ion. Commissioner Tobin was concerned that the
towing companies stated that they were operating at a loss When approximately $2.5
million dollars of revenue was generated by the City contract alone. Commissioner
Michael Gongora asked for clarification on the one-time only resident discount Mr.
Andrade stated that it was intended to be a onetime per company per resident discount,
a once in a. lifetime discount for residents. Commissioner Gongora stated that he would
like to see that changed and asked what the proposed rate increase was based upon.
Mr. Andrade stated that tlie proposed rate increase was based upon Consumer Price
Index (CP!) increases. Commissioner Gongora then asked what percentage the rate
increased when the last increase was implemented. City Manager Jorge Gonzalez
stated that in 2004 the Class A fee was $95 and was raised $10 each year for two (2)
years, the Admin fee was raised from $25 to $30, the afterhours fee was raised from
zero to $30, and the Labor fee was increased from zero to $20 and then $25.
Chairperson Deede Weithorn asked how many years the 2004 increase was adjusting
for. Mr. Frances stated that is was for a four (4) year period. Chairperson Weithom then
opened the floor to public comment. Miami Beach Resident Frank De! Vecchio stated
that he reviewed the City Code, State Statutes and County code regarding towing and
fait that the public interest was not being served. Mr. Del Vecchio suggested the City
look at booting vehicles, and suggested that an audit of the towing companies be
performed. Discussion ensued. Lobbyist David Custln suggested that the City freeze
the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing,
d!stributed·a revised proposed towing resolution, Chief Deputy City Attorney Raul Aguila
noted some of the changes that were made on the revised proposed resolution which
included changing the extension dates from January 1, 2012 through December 31,
3
103
566
2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating
to ·the litigation, which was a ooru::l!tion of the approval of the resolution, that the
petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade
state<! that one lawsuit had already been voluntarily dismissed. Mr. Aguila stated that
the lawsuit that had already been dismissed was done so without prejudice and that the
City was requesting that aU three lawsuits be dismissed with prejudice and that each
party bear their own attorneys' fees and costs. Discussion ensued. City Attorney Jose
Smith stated that he would submit the Nqtlce. to Dismiss to Mr. Andrade and copy
Commissioner Michael Gongora. The Committee requested that Staff do a sensitivity
analysis using other rates for the increase of the towing rate, send a copy of the
provisions for auditing the towing permitees to the full Commission, that an additional
. public benefit be proposed, that Staff verify the Rate Analysis that was included in the
memo, and that the towing permitees submit to P,arking Director Saul Fr~nces, cities that
they feel are comparable for comparison. The Committee also referred the discussion
regarding Terminal Island to the full Commission and asked that the neighborhoods that
are affected be notified so that they may have the right to respond.
4
104
567
''
Ml IBE H
COMMITTEE MEMORANDUM
TO: Mayor Matti H. Bower and Members of the City Commission
FROM: City Manager Jorge M. Gcnz;s~lez
DATE: December 27, 2011
This shall serve as written notice that a meeting of the Finance and Cil)wide
Projects Committee has been scheduled for December 27, 2011, at 5:00 P.M. in
the City Manager's Large Conference Room.
The agenda is as follows:
OlD BUSINESS
. REPORTS
NEW BUSINESS
1. Discussion regarding the Miss USA Pageant
Hilda Femandez-Assistant Manager
2. Discussion regarding towing permits
JMG!PDW/rs/th
To request this material in accessible format, sign language interpreters,
information on access for persons with disebiliUes, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please
contact 305-604-2489 (vofca), 305-673-7524 (fax) or 305-673-7218 (TTY) five
days in advance to initiate your request. nY users may also call 711 (Florida
Relay Service),
Cc. Mayor and Members of the City Commission
. Management Team
568
Under Separate Cover
569
570
I BEACH
OFFICE OF THE CITY MANAGER
TO: Finance and Clty\Nide Projects Committee
FROM: Jorge M. Gonzalez, City Manager
DATE: December 27, 2011
COMMIITEE MEMORANDUM
SUBJECT: DISCUSSION REGARDING TOWING PERMITS
On December 14, 2011, the Mayor and Commission, vla Agenda Item No. R7B, referred a
discussion item to the Finance and Citywide Projects Committee regarding the City's towing
penmlts with Beach Towing and Tremont Towing and the following related issues; maximum
allowable towing mtas/disoountfor Miami Beach ras!dents; permit requirements/enhancements;
accountability; !ega! issues; and the City's in~house towing initiative. Additionally, the Mayor and
City Commission approved a month-to-month extension commencing on January 1, 2012 and
expiring ori June 30, 2012.
The Administration began meeting with the Towing Permittees in early November to discuss the
tem1s of the renewal/extension of the towing permits. No consensus had been achieved during
several rounds of meetings, as such; staff was recommending for the extension of the towing
permits on a month to month basis and was mquestlng direction from the policy makers. The
discussions were to center on certain requirements that would enhance accountab!Uty and
Increase operational accountabiliiy. The following provisions were identified for discussion:
CONDITIONAL USE REQUIREMENTS
The City's Planning Board required a number of conditions for Tremont Towing at their current
iocatlon as well as to the site proposal for the relocation at 186 i Bay Road. The Administration
recommends that any conditions that mitigate the impact of the operation on the surrounding
neighborhood also be required of both towing service providers. These conditions include but
are not Hmlted to: on--site cameras: restricted access to the fac!i!ty through the neighborhood,
landscaping, etc.
(Note: The Permittees have not agmed to this).
ACCOUNTABILITY
"' In-Vehicle Cameras (Video and Audio Recording)-Towing service providers would be
required to record video and audio of an tows, public and private. Recording equipment
shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shall be
provided to the City, upon request.
(Note: Penmittees have only agreed to do thls at their sole discretion).
"' RSI/GPS Tracking Devices (Wreckers)~ Radio Satellite Integrators (RSI) is e third party
provider of state-of-the-art vehlc!a tracking systems. The City has contracted RSI to
provide a web based vehicle tracking system to manage its fleet, including location,
speed, end Idle times of City vehicles. Each towing service provider would be required to
engage RSI and deploy GPS tracking devices for a!! wreckers andlor service vehicles;
and would be required to provide access to the RSI system to the Police and Parking
Departments.
(Note: Permittees have only agreed to do this at their sole discretion).
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Deaember27, 21J11
Finanoo & CftywJd? Projects Cammi!!f!e Mlfeli11g
Pege:Zofo
• Towing Software (Dispatch and Tracking Solutions)~ Dispatch and Tracking Services
(DTS)-DTS Is a third party provider of statEH>f-the--art towing software. Each towing
service provider shall be required to engage DTS, a web based towing software provider,
to manage public and private property tows. Both towing service providers would be
required to use the DTS system for all tows. A DTS tow fee is assessed for each tow.
(Note: Permittees liave only agreed to do this at their sole discretion}.
• Defamation Provision (video/audio depletion of public tows)-This provision Is intended to
develop protections for the City from potential defamation that may arise from towing
service providers intending to either pursue on their own or engage a third party to film
depictions of public property tows.
(Note: This was agreed to by both Permittees and can be required by the permit}.
"' Employee Drug Screening-Towing service providers would perform drug test screening on
all employees and provide pass/fall results to the City upon request
(Note: This was agreed to by both Permittees and can be required by the permit).
" Drivers license Screening-Each towing service provider would perform driver's t!cense
screening on a!! employees with drtvlng responsibilities.
(Note: This was agreed to by both Permittees and can be required by the permit).
.. PenaltlesJFine Schedule-The existing towing permit with both towing services providers
allows for the City Manager to suspend the towing permit for a period of time as a penalty.
The Administration recommends a fine schedule. as a flnandal disincentive, forviolation(s)
of the towing permit Fines for typicel violations may include but are not limited to;
employees out of unifoon; illegal storage of vehlc!es; overcharging/assessment of drop
fees; violations of the oom:Jitiooal use requirements, etc.
{Note: Both Permittees have agreed to oontinue discussing this issue).
ENHANCE OPERATIONAL EFFICIENCIES
,. Uniforms -Towing service providers would be required to provide all employees with
uniforms. Uniforms shall be approved by the City Manager or his designee.
(Note: This was agreed to by both Permittees and can be required by the permit).
.. Temporary [Towed] Vehlc!e Stomge-The Administration recommends an amendmentto
the City Code allowing for temporary storage of towed vehicles during high impact events
in the City.
(Note: Permittees have not agreed to this provision).
• Extend the number of hours of storage at no charge to the customer from e!ght(8) hours
to 12 hours.
(Nota: Permittees have not agreed to this provision).
fiNANCE AND CITYWIDE PROJECTS COMMITTEE (fCWPC} -PERMITTEES' RATES
ANALYSIS
At the December 6, 20'!1, Finance and Citywide Projects Committee {FCWPC), the Permittees
jointly provided an analysis of the maximum allowable towing rates. The analysis suggests that
the current towing rates are inadequate slnoo they have not been increased since 2004. The
analysis further·suggests theta CPl (Consumer Plica Index) of three percent (3%) be applied to
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Decamtmr 27, 2011
Finance & Citywide f'rojfK;ts Comrn/~ Meef:Jng
Page3of5
certain towing rates (see attached Permittees' Analysis). The summary (Table 2} of the
Permittees' Analysis was inserted into the chart for comparative purposes.
The Administration conducted a survey of maximum allowable towing rates for local and regional
jur!sdictlons. The sui"V'!3y below identifies Miami Beach as having the highest maximum aHowable
rates locally (Mlami~Dade and Broward Counties) and second highest in the State of Florida,
· second only to Key West
RATE ANALYSIS
Maximum Allowable Towing Rates in Florida-Please note that the Average Tow Fee (ATF)
includes a Class "A" Tow; Administrative Fee; Mileage one (1) mile; labor; and After Hours Fee.
Bal Harbor** $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 $40.00
Coral Gables $138.50 $88.00 $25.00 $3.50 $22.00 $0.00 $25.00
Fort Lintden:lale $134.80 $100.00 $30.00 $4.80 $0.00 $CUIO $0.00
Jacksonville $116.£5 $91.75 $0.00 $2.62 $32.76 $49.52 $15.00
Key West $163.00 $135.00 $25.00 $3.00 $CUIO $0.00 $0.00
Miami Dade $134.00 $11tu:.m $30.00 $3.00 $0.00 $0.00 $0.00
M?A $U:i!.OO $113.00 $30.00 $3.00 $22.00 $0.00 $25.00
Orlando $150.00 $100.00 $50.00 $0.00 $0.00 $0.00 $0.00
.Surfside** $2.05.00 $115.00! $30.00 $5.00 $25.00 $30.00 '$25.00
$115.00! 25.00 $30.00
Permittees' Proposed
rates applied to an
average tow
2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30.00
l013 $259.1)0 $150.00 $4Ul0 $6.1)0 $32.00 $30.00 $35.00
2014 $269.00 $155.00 $44.00 $7.00 $33.00 $30.00 40.00
NOTES:
**CMB Towing Permit Pfggybtu:k
***City Fee is included in the Class A Fee
The Permittees have proposed a rate increase that will raise the average tow fee to $269.00
over a three year period. This represents a 31% increase over the current Average Tow Fee.
The Class "N Tow Fee (the most common type of tow) is proposed by the Permittees to increase
from $1 i 5, over the three year period, to $155, or an increase of 35% over the current rate. The
Permittees have also proposed to Increase the City's fee, which 1hey collect for the municipality,
from the current $25 per tow to $30 per tow in year one, $35 in year two, up to the maximum of
$40 in year three.
PUBLIC BENEFITS
The Administration was also seeking to include a public benefit provision in the discussions with
the Permittees. At the December 14, 2011 Commission Meeting, both Permittees agreed to
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Dfscussfon Regarding Towing Permits
December 27. 2011
Finance & Citywide Pro)eota Committee Meeting
Page4of5
·provide Miami Beach residents. with proof of residency, a twenty percent (20%) discount for aH
towing services. The Administration met with both Permittees on December 20, 20i i, to discuss
the public benefit proffered by the Permittees. The Resident Discount proffered by the
Permittees is as follows: · ·
• Twenty percent (20%) discount to Miami Beach residents for public (City) tows only.
• Resident must provide proof of residency within the City limits and their driver's license
Information must match with the vehicle registration information. .
• Discount may be applied one-time only to residents. Permittee will track issuance of
discounts to residents.
• 20% discount would also be applicable to the City's Fee.
Additionally, the Permittees proffered a formal ~lntemal Revlewn process to address citizen
complaints.
TOWING PERMIT ENHANCEMENTS
At the direction of the FCWPC, the Administration met with both Permittees on December 8,
2011, staff reviewed the proposed rate of Increase and discussed with the Permittees certain
enhancements to the towing permits. Both Permittees agreed to the following enhancements, as
requirements, of the towing permits:
"' Unlforms -Towing service providers sh<ill be required to provide all employees with
uniforms. Uniforms shaH be approved by the City Manager or his designee.
• Employee Drug Screening-Towing service providers shall perform drug test screening
on all employees and provide passtfail results to the City upon request
• · Drivers license Screening-Each towing service provider shall perform driver's license
screening on all employees with driving responsibilities. ·
s Reduce storage requirement withln the City limits from seven days to one (1) day.
• Temporary [Towed] Vehicle Storage -An amendment to the City Code is necessary to
allow temporary storage of towed vehicles in locations other than currently permitted by
the City Code during high impact events in the City.
Both Permittees agreed that the following list of enhancements ba considered on a voluntary
basis. It should he noted that TremontT owing agreed tO implementthe following enhancements;
however, Beach Towing, has decided not to Implement any of the enhancements at this time:
• In-Vehicle Cameras (Vldeo and Audio Recording)-· Towing service providers would be
required to record video and audlo of ail tows, public and private. Recording equipment
shall be mounted on the vehicle (wrecker) and any and all footage (video/audio) shaH be
provided to the City, upon request
.a RSUGPS Tracking Devices {Wreckers)-Radio Satellite Integrators (RSI) is a third party
provider of state-of-the-art vehicle tracking systems. The Clty has contracted RSI to
provide a web based vehicle tracking system to manage its fleet, including locatlon,
speed, and id!e timf?S of City vehicles. Each towing service provider wculd be required to
engage RSI and deploy GPS tracking devices for all wreckers and/or service vehicles:
and would be required to provide access to the RSI.system to the Police and Parking
574
Disr;ussfon Regarding Towing Permrts
December 27, 2011
Flflanoo & GilyWfde Projects Ccmmltt1iie Meeting
Page 5of5
Departments.
« Towing Software {Dispatch and Tracking Solutions)-Dispatch and Tracking Services
(DTS)-DTS is a third party provider of state-<if-the-art towing software. Each towing
service provider shall be required to engage DTS, a web based towing ooll.ware provider,
to manage public and private property tows. Both towing service providers would be
required to use the DTS system for all tows. A DTS tow fee is assessed for each tow.
The Permittees have also requested to reduce the minimum number of days a vehicle is required .
to remain within city limits from seven days to one day.
ENFORCEMENT PROVISION
Both Permittees have agreed to include an MEnforcement" provision to the towing permit to
ensure accountab!lity and protections. The Enforcement provision shall be jointly developed
between the Administration and both Permittees and shall be substantially based upon: (1) Minor
Violations such as: employee uniforms; distribution of Towing Bill of Rights Information; etc. and
(2) Major Vlolatlons such as: overcharging; Illegal storage; etc.
LEGAL ISSUES
Beach Towing has dismissed one of its lawsuits against the City without prejudice,
challenging the adoption of the robotic mechanical parking ordinance.
CITY'S IN-HOUSE TOWING INITIATIVE
The City Commission discussed the viability of storing City directed towed vehicles on Terminal
Island on June 1, 2011. The Administration was directed to conduct a traffic impact study for the
proposed facility on Terminal Island fur the storage of towed vehides. The results of that study
were placed on the Neighborhoods and Community Affairs Committee agenda and after deferring
discussions for two months. the Committee decided at the December 8, 2011 meeting to table
this item untll such time as the Commission decides to it back on the agenda for
discussion.
CONClUSION
The Admlnlstratlon seeks further policy direction regarding the proposed increases, the discount
proffered for Miami Beach residents; permit requirements/enhancements; accountability; and
tegal issues. The Administration is also seeking policy direction on the issue ofTerminallsland
as the matter was tabled indefinitely by the Neighborhoods and Community Affairs Committee.
Attachments
JMG/JGG/SF
f;\Ping\Saui\FlnanceCcmmittee\Tow!ngPermi!Refum>lfCPCDoo2720i 1.mam.doc
575
MAXIMUM AlLOWABlE TOWING RATES· PROPOSED AMENDMENTS
• Outside Exterior Storage for Motorcycles increases from $10 to $12 per day.
• Outside Exterior Storage for vehicles less than 20 feet ln length increases from
$25 to $30, and $36, effective as of January 1, 2014;
• Outside Exterior Storage for any vehicle over 20 feet in length Increases from
$30 to $35; and $44, effective as of January i, 2014.
• Tow Rate Class "A" Increases from $115, to $140, and $150, effective as of
January 1, 2013, and $155, effective as of January 1, 2014;
• Tow Rate Class "B" increases from $145, to $165, and $180, effective as of
· January 1, 2013, and $190, effective as of January 1, 2014;
• Tow Rate Class "C" increases from $175 to $200, and $220, effective as of
January 1, ·2013; and $230, effective as of January 1, 2014;
• Tow Rate Class "D" increases from $200 to $230, and $250, effective as of
January 1, 2013; and $265, effective as of January 1, 2014;
• Tow Rate Class "B" and "C~ Car Carrier increases from $125 to $145, and $160;
effective as of January 1, 2013; and $180, effective as of January i, 2014;
• Special and Additional Charges (Extra Labor or Waiting Time) increases from
$16.50 to $20, and $22, effective as of January 1, 2013; and $24, effective as of
January 1, 2014;
• Mileage increases from $5 to $6 per mile, and $7, effective as of January 1,
.2014;
• Administrative Fee increases from $30 to $35, and $41, effective as of January 1,
2013; and $44, effective as of January 1, 2014;
• Doilies and Flatbed Services, Increases from $35 to $40, and $47; effective as of
· January 1, 2013; and $50, effective as of January 1, 2014:
· • Labor to Engage Tow (not an automatic fee), increases from $25 to $30, ana
$32, effective as of January 1, 2013; and $33, effective as of January 1, 2014;
• Administrative Charge (not an automatic fee), Increases from $30 to $35; and
. $40, effective as of January 1, 2013; and $43, effective as of January 1, 2014;
and
576
Bench Towing Services, lm;.
City of Miami Beach
\',\1\'-b i'\ 'i J'f',.l;! 11! \iii'.Of'q. 'I< 1!~>'.'.2:. 1'\l!ll.!ll \l\\1\lt \I
\11<•1\ \lql ll\11'-••I 1111 <II\ !>I \11\\H 'li \!II \l>\!l'\1-..il<\ll\1 W! l"
1"'-'ll/11,11 \lltl'\'-lll\{l'ltllil 1">11!'\khl\.t.H<\\1\-t,l'llt\lll'-\-..111\hli>
t>'-ill\~·~""" \'-il \\1!\.lllllil\ \tn ;1 2" Ill I'·.IIH\·•1\.t, 1111
\1\\l\!1 \1 ',IJ>!\\ \1\11 1<111•, H'i!lliltl !HI \'.\.i \! 11''-'l \!IHI'HI~ I·
l\!'1! \II 1({ I b1i \II\ \ll "II< i I \I !lii<H \II It<!"'\ '-I'' I :wp •li I \Ill fl !{ t·"--
577
-
!tl33 S\\' :--;-·· \\'c'1\ll<
\lhu11i. FloricLt ;;:-.;
Jn5• 2t<;e;>{f.>1t ..
Bench Towillg Sen·kt.-s. lm:.
I 349 Dude Bnulenml
ivlinm: floritla
Ri.·Yised ns of July 12, 1[)01) t:;ee
the C\>mmi:;:;ion l"kmornndum dutcJ
, P.L
your mnm1gement !o the
fY20 14. from the bnsc:
Prict· lnuc:;.;, to th~: :Vlinmi-Fort
Rates were oblninct! from the
For Pollee nnt! Parking Permits.
whkh rul\:s were re.:omrnended in
2 oCthe
The mmlysis is intended for intcmni usc and your to
rmd of l~Ainmi which is responsible tl.w
selling the t'vlmdmum AllnwuhlC' R<Hc;; and should not be used for any other purpose.
The ncnml results mny vmy Jhm1 those amJ I iii.: I'Jrim!om; may be m::ttcriaL
C<lccres & Gomer. CPA. P.L
578
--
Over the past ten years.there has been a substantia! Increase in the CPI pubHshed by the
U.S. Bureau of labor Statistics. T!1e increase translates to an average CPI annual Increase of
' about 2.97% over a 10 year pedod or an increase in expenses of about the same rate. More
importantly, CPI adjustments increased at a rate of 4.7% in 2005, 4.90% in 2006, 4.2.0% !n 2.007,
and 4J:i0% in 2008. The CP! decreased at a rate of -0.30% in 2009. The CP! increased at a rate
of 0.80% ln 2010. The trend for 2011ls a CPI increase of approximately 3.70%. The data tables
from the U.S, Bureau of Labor Statistics are attached hereto ln as Appendix "3."
The rapid rise in costs has severely dampened the financial sustainability of operating a
towing business in the City of Miami Beach, particularly if the Maximum Allowable Towing
Rates are not adjusted in a timely manner. The rates have remained stagnant ranging from .
2001 for several fees and for aU fees since January 14, 2004, resu!tlng In tmavoldable losses of
income for companies engaged in the towing busine'is !n the City of Miami Beach.
Thus, Beach Towing Services, Inc., believes the CPI increases from the base rates ranging
from 2001 and from the 2004 to the present warrant an Increase to the "Maximum Allowable
Rates," set forth in Section 22 of the City of Miami of Miami Beach Administrative Rules
and Regf,!latkms For Pollee and Parking Towing Permits, Revised as of July 22, 2009 (attached
hereto as "'1"). It Is vital to note that the same conditions and justifications cited In
warrant an increase t1Hhe Maximum Allowable TowingRates are present today.
The following Table 1, broken out into two (2) pages, reflects the app!lcatfon of the CPl
to the FY2004 Maximum Allowable Towing Rates. Immediately the CP! calculatlons
are Beach Towing Services, Inc., proposed blended rates for simplidty) until such time
as the rates approximate the CPI adjusted rates through FY 2014. Table 2, summarizes the
effect of the CPI increases to the Average Tow.
Beach Towing Services, fnc.
Consulting Engagement
579
U'l 00 0 The AMua! Consumer Pr!ce Index obtained from the U.S. Department of Labor for Miami-Fort Lauderdale Region, not seasonally ""'l'",'":v, applied to the applicable Maximum Tow Rates in January 14, 2004 or earlier appHcab!e base rate. Class B Tow!ng C Towing fee ,-1 F<~e Fee Blended Increase of Rates with Embedded CP! Increase $ 12.00 $ 30J'JO $ 35.30 $ 13!Ul0 $ $ 12.00 $ 30.00 $ 35J.IO $ . 145.00 $ $ '15.00 $ 36.00 $ 44.60 $ 151Ul0 $ 165.00 $ 180.00 $ 100.00 $ 201.1.00 $ 22il.OO $ 231:1.00 $ 231UO $ 25!UJO $ 265.00 $ '145.00 160.00 180.00 a} The analySis oft::?! Increases was applied as of FY2005, slm:e the January 14, 2iJ04 determined rncreases were scaled !11 2004and 2005, b) For the periods F¥'200.3 end F\'2014. the Cf'f tncrease used was the 10 year average CPI, calculated at approximately 3.0% !rounded). Beach Towing Services, Inc. Constl!tlng Engagement
U'l 00 ~ =~"""""'-="" The Annual Consumer Price Index obtained the U.S. Department of labor for Miami:Fort Region, not seasonally to too Maximum Tow Rates Established in 14, 2004 or earlier applicable bas? rate. r.t!ami ~e:u::h I Mnual CPI% , Cll.y Fee, !ncrnaH Increase of Rates with lncrease $ 2{}.00 $ 6.00 $ 35.00 $ 40.00 $ 36.00 $ 35.00 $ 30.00 $ $ 6.00 $ 41.00 $ 41.01} $ 32.0£.1 $ 4Ul0 $ 32.00' $ 24.00 $ 1.00 $ 44.00 $ SO.O!l $ 33.00 $ 41.00 $ 35.00 --U:GEM:l-t~lUll>!i_ul a) ihe analysis of Cl'l fncreases was applied as of F\'2005, since the January 14, 2004 determined increa5es were scaled In 2004 and 2005. b) For the period> fY2!J13 and M014, the CP! Increase used was the :w year avetage CP!, calculated at approximately 3.0% (rounded). Beach Towing Services, inc. Consulting Engagement '--
U'l 00 f\) The following table summarizes the effect of the Proposed CPI increase$ on the M;;ndmwm A!!owab!e Tow Rates for the Average Tow. Beach Services, Inc. Consulting Engagement Miami Beach City Fee Average Tow fee increase
Correa Nelida
From:
Sent:
To:
Cc:
Subject:
Hi Nelida,
Select Services [select@selectproduction.com]
Tuesday, October 16, 2012 2:09PM
Correa, Ne!ida; Winick, Graham
Gabriele Schuetz
Parking Monroe & Main
The same team, Monroe & Main would like 6 parking spaces on 1st Street & Washington, for tomorrow
10/17/12. meter numbers are:
0107003
0107005
0107007
0107009
0107012
0107014
Please send me the form and I
Thanks,
Ann
selectservices
don't o~mail unless you
gladly fill it out In the interim I am attaching the CC auth.
need
1
583
cause
GENERAL JURISDICTION
CASE NO.: 1 -37364 CA 31
FOR THE
AND
NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE
Inc., through
notice of
LAW OFFICES
Attorney Plaintiff
1111 Lincoln
Suite 400
E. ANDRADE,
Florida Bar No. 83341
584
to
E. ANDRADE, P.A.
HIBI B
CERTIFICATE OF SERVICE
I .HEREBY CERTIFY tha~ a true ami correct of was
of December, 201 l to:
LA \V OFFICES OF RAFAEL E. ANDRADE, P.A.
Suite 400
E. ANDRADE, ESQ.
Har No. 83341
2
585
IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
APPELLATE DIVISION
APPELLATE CASE NO. 11-465
LOWER CASE NO.: BOA 3499
BEACH TOWING SERVICES OF MIAMI, INC.,
Petitioner,
v.
CITY OF MIAMI BEACH, and 1747 BAY ROAD
PROPERTIES, LLC
Respondents. ____________________________ ,/
NOTICE OF FILING STIPULATION OF DISMISSAL WITH PREJUDICE
Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its
undersigned cou:nsel hereby serves its Notice of Filing Stipulation ofDismissal with Prejudice in
the above-styled matter.
CERTIFICATE OF SEBVI'E
I HEREBY certifY that a true and correct copy ofthe foregoing was sent via US mail on
tbe 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City ofMimni
Besch, 1700 Convention Center Drive Mimni Beach, Florida 331 Elizabeth Hernandez,
Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., an Senterfitt, Counsel to
1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3m Ave, Flo 25 Mimni, Florida 33131.
E;\ WORK\B\BEACH TOWlNG\d\NoticeDismissal3499 .doc
586
lN THE ELEVENTH JUDICIAL CIRCu1T OF FLORIDA
AND FOR IYIIAMI-DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. 11-465 AP
LOWER CASE NO.: BOA File No. 3499
BEACH TOWING SERVICES OF MlAlvfl, INC.,
Petitioner~
v.
CITY OF MlAM1 BEACH, and 1747 BAY ROAD
PROPERTIES, LLC,
Respondents.
STIPULATION OF DISMISSAL wrrB PREJm)JCE
Petitioner, BEACH TOWING SERVICES OF MIAJ\.11, lNC.,('"BT') and Respondents.
CITY OF MIAMI BEACH('.City"), ~-nd 1747 BAY ROAD PROPERTIES, LLC, ("1747), by
and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above-
styled matter with prejudice, with each party to bear its own costs and attorneys' fees.
.AKERMAN SENTERFITT
ATTORNEYS FOR RESPONDENT, 1747
ONE SOUTHEAST THIRD A VEh1JE
25m FLOOR
MIA ~131
(305
BY: ··-~·
NEISEN KASDIN, ESQUIRE
FLORIDA BAR NO: 302783
CITY Of MIAMI BEACH
ATTORNEY FOR RESPONDENT, CITY
1700 CONVENTION CENTER DRIVE
4m FLOOR
MIAMI BEACH, FL. 33139
(305) 673 • 7000 BY: ______________________ _
GARY HELD, ESQUIRE
FLORIDA BAR NO: 341949
587
IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA
rN AND FOR MIAMI-DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. ll-465 AP
LOWER CASE NO.: BOA File No. 3499
BEACH TOWING SERVICES OF~. rnc.,
v.
CITY OF 1vflAMl BEACH, and 1747 BAY ROAD
PROPERTIES, LLC,
Respondents. ____________________________________________________________ !
STIPULATION OF DISMISSAL WITH PREJUDICE
Petitioner, BEACH TOWIN<J SERVICES OF MlAMl. INC .• ("BT') and Respondents,
CITY OF MIA:Ml BEACH('"City"'), "'nd 1141 BAY ROAD PROPERTIES, LLC, ('"1747), by
and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above-
styled matter with prejudice, with each party to bear its own costs and attorneys' fees.
LEVINE & PARTNERS, P.A.
ATTORNEYSFORPETnlONER
1110 BRICKEll. A VENUE
SUITE700
MlAMI, FLORIDA 33tH
(305) 372-1350 BY: ________ _
SUZAN JACOBS, ESQUIRE
FLORIDA BAR NO: 380008
AKERMAN SENTERFITT
A ITORNEYS FOR RESPONDENT, 1747
ONESOUTHEAST~AVENUE
25m FLOOR
MIAMI, FLORIDA 33131
{305)374-5600 BY: ________________ __
NEISEN KASDIN, ESQUIRE
FLORIDA BAR NO: 302783
CITY OF MIAM1 BEACH
ATTORNEY FOR RESPONDENT, CITY
1700 CONVENTION CENTER DRIVE
4TH FLOOR
:MIA'M.l BEA I, FL. 33139
(305)
BY:
588
IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MIAMI-DADE COUNTY, FLORIDA
APPELLATE DIVISION
APPELLATECASENO. 11-466
LOWER CASE NO.: BOA 3486
BEACH TOWING SERVICES OF MIAMI, INC.,
Petitioner,
v.
CITY OF MIAMI BEACH, and 1747 BAY ROAD
PROPERTIES, LLC
Respondents.
NOTICE OF FILING STIPULATION o:F DISMISSAL WITH PREJUDICE
Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its
undersigned counsel hereby serves its Notice of Filing Stipulation of Dismissal with Pr~udice.
CERTIFICATE OF SERVICE
I HEREBY certify that a true and correct copy of the foregoing was sent via US mail on
the 1st day of March, 2012, to: Gary Held, Esq., First Assistant City Attorney, City of Miami
Beach, 1700 Convention Center Drive Miami Beach, Florida 33139; and Elizabeth Hernandez,
Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., Ak an Senterfitt, Counsel to
1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3ro Ave, Floo Miami, Florida 33131.
LEVINE & P , P.A.
ATTORNEY PETITIONER
111 ell
7th
M'
E:\WORK\!3\BEACH TOWiNGid\NoticeDismiwd3486.doc
589
IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
IN A.ND FOR .MlNvfl-DADE COUNTY, FLORIDA
APPELLATE DIVISION
LOVlER CASE NO.: BOA File No. 3486
BEACH TOW1NG SERVICES OF .MlA1vfl, INC.,
v.
CITY OF WAMI BEACH, and 1747 BAY ROAD
PROPERTIES, LLC,
Respondents.
Petitioner, BEACH TOWING SERVICES OF MIAMI, JNC., (''BT"), and Respondents,
CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1747), by
and through their respective undersigned counsel, hereby, stipu1ate to the dismissal of the above~
styled matter with prejudice, with each party to bear its own costs ~md attorneys' tees.
LEVINE & PARTNERS, PA.
ATTORNEY ER
UHlBRICl
SU1TE700
AKERMAN SENTERFITI
ATIORNEYS FOR RESPONDENT, 1747
ONE SOUTHEAST THIRD A VENUE
25m FLOOR
MIAMI, FLORID
(305)374-5600
BY: ___ _
NEISEN KA~mrN, SQUIRB
FLORIDA BAR NO: 302783
CITY OF MIAMI BEACH
ATIORNEY FOR RESPONDENT, CITY
1700 CONVENTION CENTER DRIVE
4m FLOOR
MIAMI BEACH, FL. 33139
(305) 673 ~ 7000
BY: __________ _
GARY HELD, ESQUIRE
FLORIDA BAR NO: 341949
590
IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR lv.UAW-DADE COUNTY, FLORIDA
APPELLATE DIVISION
CASE NO. 11-466 AP
LOWER CASE NO.: BOA File No. 3486
BEACH TOWING SERVICES OF 1v.nAlv.n, INC .•
Petitioner,
v.
CITY OF :MIAMI BEACH~ and 1747 BAY ROAD
PROPERTIES~ LLC,
Respondents.
------------------------------~1
STIPULATION OJ' DISMISSAL :!l!l:B Pwypig
Petitkm:tr, BEACH TOWING SERVICES OF MIAMI, INC., ('"BT"), and Respondents,
CITY OF MIAMI BEACH("City"), and 1747 BAY ROAD PROPERTIES, LLC, ("1141h by
and through their respective undersigned counsel, hereby, stipulate to the dismissal of the above-
styled matter with prejudice, with each party to bear its own costs and attorneys' fees.
LEVINE & PARTNERS, P.A.
ATIORNEYS FOR PETITIONER
lllO.BRICKELL A VENUE
SU1TE700
MlA'Ml, FLORIDA 33131
(305) 372-1350 BY: _______________ __
SUz;AN JACOBS, ESQUIRE
FLORIDA BAR NO: 380008
AKERMAN SENTERFITI
A ITORNEYS FOR RESPONDENT, 1747
ONE SOUTHEAST THIRD A VENUE
zsmFLOOR
MIAMI, FLORIDA 33131
{305)374-5600
BY: ________ _
NEISEN KASDIN, ESQLrrRE
FLORIDA BAR NO: 302783
CITY OF MIAMl BEACH
AITORNEYFORRESPONDENT, CITY
1700 CONVENTION CENT.E:RDRIVE
4TH FLOOR
~ BEA H, FL. 33139
(305)613 .
BY:
591
EXHIBI C
Frances, Saul
From: Rafael E. Andrade, Esq. [ra!ph@randradelaw.com]
Sent: Friday, July 2012 2:21 PM
To: Brooks, Kathie
Cc: Walker, Patricia; Frances, Saul: Gomez, Jorge; 'Russell Galbut'
Subject: Notice of Property Taxes 2004-2003 vs. 2011-201 o
Attachments: Notice of Proposed Property Taxes 2011-2010.pdf; Notice of Proposed Property Taxes
2004-2003.pdf
Dear Ms. Brooks:
Please see the attached Public Records for 1349 Dade Boulevard, Miami Beach, Florida 33139. The
2004-2003 Notice Proposed Property Taxes was $37,935.24. The 2011-2010 Notice of Proposed
Property Taxes was $58,034.47· This is an increase 53%.
Regards,
Ralph
Rafael E. Andrade, Esquire
Law Offices of Rafael Andrade, P.A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734 c 305.216.2028
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E.
it is addressed. If you believe received this e-mail in
copy or disclose it to anyone If
contains a statement to that and do not
received e-mail as a client, eo-counsel or retained
""'""'"·'·'"" orwork that
IRS CIRCULAR Disclosure: Under U.S. Treasury reg;ll!m:10ns,
attachment hereto not intended to be used, and cannot
592
for the use of the indh'idual(s) to whom
muu"''""'""-' delete e-mail from your computer and do not
in this e-mail to make von a client unless it
expect it to hold in confidence. If you nrn,m,rk
contents in confidence in order to preserve
that any tax advice contained in this e-mail or any
Internal Revenue Code.
Office of the PrG;;>et'N ApprJ!'Wt ().6
111 NWFkst 5tf<"et .. 5wte 710
Mi~mi, FL 3312fH9M
NOT!U Of PROPOSED PROPERTY TAXES AI'IO
PROPOSED OR ADOPTED NON-AD VALOREM ASSESSMENTS
MIAMHlAllE COUNTY TAXING AUTHORITIES
FOLIO: 02-323:>-01 2·0680
\<IILLAG~: CODE: 0200
Vl'iCENT ,J & BAR!:lARA A FESTA TRS
866{)-4 VILLA LA JOLLA DR
PROPERTY j .. DDRESS:
1349 DAm: RL VO
LEGAL DESCRIPTION: LA JOLLA, CA 92037
TAX INFORMATION
fAXING AUTHORITY
MIAMI-OAOE COPITY:
Co-unty~?tidt'
L1lwary
PtlllUC SCHOOLS:
By State L.~~w
By Lo~'~l Hoard
MVNICIPAL:
Miami Bt-fich
WATER MANAGEMENT:
SF\'V\'1 Dislrkl
Everg!ad" CP
INDCP!:NIWI'T O!STRICT:
F.!.N.!l.
Cb~JdreJJ·s Trust
ISLA!'iDVIEWSt:B Pll6-l15
LOTS 11 & !2 llLK 16A
LOT SIZE 17936 SQUARE FEET
COUJMN4
M NO Rodget Change ~~ Adopted
&~!:Rat~ TaM~:i alu~ (rr!il!agej
2,797,03! 5.4275 15,180.89 2,7%,950 5.3600
2,797,031 0.2840 794.36 2,7%,950 0.2799
2.797.(\31 5.6!6\l !5,708.!3 2.7?6,950 5,54(,1
2.797.1131 2.1480 6~87.73 2,796,950 1.2200
2.797,03! 6.2155 17,384.95 5.<){}29
2J97,0Ji 0.5346 1.4%.29
l.797AKH OJJil94 250.05
2.797,031
2.797,031
2.797.031
2,197,031
2.797,03!
9!07, 6:00PM, SCHOOL !lOARDAtll}ITOR!li\1, 1450 NE 2 AVE, MI.4MI,(3115) 995-!226
9!14. 5:01PM, COMMISSION C!lAMilERS. !700 CONVENTIO\ CENl"ER DR, 3 H .. (300) 673-7510
9100, 5:15PM, SF\V\fO AUl!TORWM. 3301 Gt!N Ctt!B RO, B-1 llLOO, WPB. i'L (561) 686-680(!
9116. 6:00PM, DELRA V BEACH COMMISSION C!lAM!IERS, 100 \W i AVE, (56!) 627-3386
9112, 5:01 1'1\1, \lDC WOLfSON CA.\Il'tiS, 300M: 2 A \IE, BLDG J, MIAMI, (.lOS) 571-571.10
PURPOSE OF ASSESSMENT
PROPERTY APPRAISER
MARKET \IAtUE ASSESSED \IALUE
OONOTPAY
THIS IS NOT A SILL
!563!1 AI
13,439.34
502.0%
1S/f2J.04
5,'19:5.2&
17,384.44
o< the.> PWB!..!C
A;;th(lr;tym&y
ASSESSMENT
0.00
-------------t------------------·----2~,--~9_7~~~3_1Y----------------------2~,"-97N3_14----------------------
C1JRRENT\IALUE (2011) 2,7%,950 2,7%,950
APPLIES TO 201() RWUCTION AMOUNT 2011 REDUCTION A
EXEMPTIONS APPLIES TO 2010 EXEMPTION AMOUNT 2011 EXEMPTION A
1f you feel the market vaiJe ct the pmperty !S mar:cutatt':' or does not tfafiect fa1r mJrket \t.:lLJ-r::, or if you are entit!E-d tO an exemption or dasslfkation that ;s fiOt ref!etted, piease o:::v<tilc~ the
Miami-Dade Cou'1ty Office of the ~ropertv ApprZliSer Jt: {78.6} 331-53211 J I 1'\\V 1 STREET STH FLOOR (8;JO AM TO 4:30 P\1)
if the PropertY AP:or<J:ser-is urnb!e to resolve the matter cas to market value, da~sifkation or an ~x€mption, you Petition
forms are avail<:b:e onl1=1e at Petit1ons mu!<t b-e
SH Rf\IER5f SiDE FOR EXPLANATIONS Of THE COLUMNS AaO\/E
593
MIAMI-DADE DEPARTMENT OF P~OPERTV APPRAtSAk
111 NW 1 STREET SUITE 710
·'1.11AMI . FLORIDA ;a;nza-1884
R/E FOLIO: 02-3233-012-0030
MILLAGE COO&; 0~00
06
VINCENT J & BARBARA A FESTA TRS
0660·4 VILLA LA JOLLA DR
LA JOLLA CA
920::11
Public Schools;
By State !.aw
By 1-oce~l Board
wetet• Managernant
Dl st:rl ct
Evergl .,,o;i<l'$ CP
, I nd<~PIH1t!Gt11t
ppeclal Dlstr•cts•
·F. I .N.D .
. t ChI I dren • s Trust
Voter Approved•
·O<J>i:>t P,.ym.,nl:,;,
County
SCI'lOOI
MIamI s,.,.,ch
801lfL41
7878.58
&44.40
HJ?,$4
41.56
53$.70
307.&::1
736,Hi
943.40
1530899
8346.46
4038.51
113$6,1/3
$'13.95
i 53 .09
5!'1.84
5!'!0.03
4315.31
813.85
1145,11
ml ilw mark~ vt.llw of y.;m property i;; ine-• o; ikl*" 11cyt rol!oot :thlr rtwktt vake.
ootr~tlwted alx!w, ~ youtoou:rt:Y prot)!idy a~i3er st
(305} 375-4021 111 NW 1 S1~EET STH FLOOR (2:20AM TO 4:
lf fit~ ~cty aprnaor's off.oo t.; U~J~J.Me ro r-lv~ lhe ma~r o.s eo ~et ""''"'ill' m tliiZm)lti<lo, y.:umay
petitio~ fmt:n!l are availab!C1-from fu~ oowrty property SllJ,\11!lu:t and mlJ!Il:i¢ tllro 91! ~r lwft'l::
NOTICE OF PROPOSED
PROPERTY TAXES
AND PROPOS!D OR AJ)Of'U',D
NON-AD VALOREM ASSESSI\-{ENTS
1JONQ.1'PAY
ffllS IS NQ'lA .BILL
'l:'b<; W:iml: ~,.r(~ wl!it;;h lory p;op•&y
lll.X~s agallwt yoor propmy will awn lwkl
l"l!blil:' J:{~u~ ml!dopt~ it!'!d W:l'l>ttS
fMlMMX!~.
'l:'b¢ pwp-oftlw$0> ?ubl!o U•arl"fiS !ir m
rucetve <~1\llllru~s, from 1M g<:neml public and oo
B'll!Mr q~Witk>w ~n 1M ~5«1 t1<:< ~Wmi\"1
a!ld bw:lgtt l!'rk>r T c 'I ald!!g Flool Action.
Eacll!rulng s\lfllcrity may Am~ml oc 4lmr .it>
~Is Q! !ht \waring.
ISLAND VIEW SUB PS $-11S
LOTS 11 & i 2 BLI( 1!! A
LOT S ZE 17936 SQUARE FEcf
Prope~ty Addr: 13+Q DADE BLVD
7!!34. 38
3615.22
436.31
!}13 .95
1145' 11
A public h~S oo the propOi!ed taxes
and b1ld (It will be bi:!d;
9/07, 5:01 PM, COMMISSION CHAMBERS
111 MW 1. ST, MIAMI, Ft. (7$6) 331-!i:!Zi
G/06, $:01 PM, SCHOOL GOARD AUD TURIUM
1450 NE a AVE, MIAMI, FL (305) SS$·1226
9/09, 5:01 PM, COMMISSION CHAMBERS
1700 CONYK~!QM CTR DR (305) 673-7$10
fii/07, S : 1.5 PM, $Flii/M D I ST AUO I 'fOR I UM
3301 GUN CLUB RO, WPB (561) SS$-0000
9/00, 6:30 PM,
FFI..LSMERE. FL .
9/13, PM,
1450 NE AV'ii,
CITY HALL, 21 S, CYPRESS S
(5tH) 1>67-33$1!
SCHOOL BOARO AUOITDRJUM
MIAMI. FL (305) 571-5700
REFER TO CoUNTY PUBL!C HEARING ABOVE.
REFEh TO PUBLIC SCHOOk HEARING ABOVE.
REFER TO MIAMI BEACH HEARING ABOVE.
• S~E REVERSE SIDE FOR eXPLANATIONS.
fur odjw;tn;wnt with. the. Va!U< Ad]u~tmtM Boord;
SEPT. 20, 2004
Ymlt fu:cllu Nil
$aMge,6w,
-~u. whkl\ may !l.llt b~ reflect~ on tl!is oot:loe -h •• ~-:M>~Is f~r roads, drai!:mge,
ocmw, ot o!lwr g<Jvemll1tllllalsm;iccs :and W;tlitt~ ..tiel! w.ay bt ttvt.ld by yom OO\lllty, ~it:;•, or(<!~)' li!)e<>i>l di$tr.kt
594
EXHIBI D
frances Saul
From: Rafael E Andrade, Esq. [ralph@randradelaw.com]
Sent: Friday, July 2012 10:29 AM
To: Brooks, Kathie; Walker, Patricia
Cc: Gomez, Jorge; Frances, Saul; 'Russell Galbut'
Subject: U.S. Energy Information Administration: Miami, Fl Ali Grades All Formulations Retail Gasoline
Prices
Attachments: EMM_EPMO_PTE_ YMIA_DPGa.xls
Dear Ms. Brooks:
Attached, please find data from the U.S. Energy Information Administration for Miami, FL All
Grades All Formulations Retail Gasoline Prices from 2004 ($1.967 Dollars per Gallon) to 2011
($3.696 Dollars per Gallon). The increase is 88%.
Please note that the data from the U.S. Energy Information Administration for Weekly Miami, FL All
Grades All Formulations Retail Gasoline Prices for the week of 07/23/12 is $3.704 Dollars per Gallon.
I hope this information helpful I am also trying to obtain
to 2011.
Regards,
Ralph
Rafael E. Andrade, Esquire
Offices of Rafael Andrade, P.A
1111 Lincoln Road> Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734
c 305.216.2028
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. i\nctr.wcc.
clients Property Tax data from 2004
for the usc of the individual(s} to whom
it is addressed. If vou believe received this e-mail in
or disclose it.to anyone If are not an
m111:1ootarety, delete e~mail from your computer and do not
a statement to that and do not
received e-mail as a client, co·cotmsel or retained
attc,rnev-cltent or work product that may he """mw"'
IRS CIRCULAR Disclosure: Under U.S. Treasury reWL!lat:ron.s,
attachment hereto not intended to be used, and cannot
1
595
in this e~ma.il to make you a client unless it
expect it to hold in confidence. If you
contents in confidence in order to preserve
that any tax advice contained in this e-mail or any
the Internal Revenut~ Code.
Workbook Contents
Click worksheet name or tab at bottom for data
Release Date:
Next Release Date:
Excel File Name:
Available from Web Page:
Source:
For Contact
Miami, FL Ail Grades All Formulations Retail Gasoline Prices (Dollars p
7/23/2012
7/30/2012
emm_epmO_pte_ymia_dpga.xls
(202) 586-8800
596
Sourcekey
2003
2004
2005
2006
2007
2008
2009
2010
2011
Data 1: Miami, FL AU Grades All Formulations Retail Gasoline Prices (D
EMM_EPMO_PTE_ YMIA
_DPG
Miami, Fl All Grades
All formulations
Retail Gasoline
Prices (Dollars per
Gallon)
1.631
1.967
2.443
2.726
2.927
3.447
2.521
2.93
3.696
597
EXHIBIT E
Frances Saul
From: Rafael E. Andrade, Esq, [ra!ph@randrade!aw,com]
Sent: July 2012 8:42AM
To: Kathie; Walker, Patricia
Cc: Gomez, Jorge; Frances, 'Russell Galbut'
Subject:
Attachments:
Bureau of Labor Statistics Data: Miami Dade County, Florida-Motor Vehicle Towing
ATT00072,pdf
Ms. Brooks:
Attached, please find Bureau of Labor Statistics Dade for Miami-Dade County, Florida, for Motor
Vehicle tmving from 2004 to 2011. The increase is 29%.
Regards,
Ralph
Rafael E. Andrade, Esquire
Law Offices of Rafael E. Andrade, P.A.
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734
c 305.216.2028
ralph@randradelaw.com
\\'\VVv.randradelavv.com
NOTICE: This e-mail is from a law firm, Law Offices of Rafael E, Andrade, P,A
it is addressed, If vou believe received this e-mail in
or disclose it \o anvone If are not an
stateinent to that and do not
e-mail as a client, co-counsel or retained
or work that may be
IRS CIRCUL!\.R Disclosure; Under UB. Treasury
attachment hereto not intended to be used, and caniwt
From: "Brooks, Kathie"
To: "'Rafael E. Andrade, Esq.'"
for the use of the individual(s) to ;vhom
im;:ne(liately, delete e-mail from your computer and do not
in this e-mail to make vou a client unless it
expect it to hold in confidence, H you
contents in confidence in order to preserve the
that any tax advice contained in this e-mail or any
the Internal Revenue C()('le-
Patricia"
"frances, Saul"
"'Russell Galbut'"
Subject: Federal Minimum Wage: 2004 vs. 2012
Date: Thu, Jul 26, 2012 7:20pm
That ! was for more re average wage rates from the Bureau of labor
Statistics~ or even any for the Miami-Fort lauderdale area.
Trish: lets touch bases in the am,
1
598
1700 Convention Center Drive. Miami Beach. FL 33139
Tel: 305-673-7010 / Fax: 305-673-7782/ WINW.miamibeachfLgov
We are committed to providing excellent public service and safety to all who live, work and play in our vibrant. tropical, h1storic commumty
From: Rafael E .. Andrade, Esq. lilll~~l!i2!Jl(g!I:f1llii1S'l£~~0Qtl}J
sent~ Thursday, July 2012 5:28 PM
To: Brooks, Kathie; Walker, Patricia
Cc:: Gomez, Jorge; Frances, Saul; 'Russell Galbut'
Subject: Federal Minimum Wage: 2004 vs. 2012
Dear Ms. Brooks and Ms. Walker:
The Federal Minimum \Vage was $5.15 in 2004. The Federal Minimum Wage in 2012 is
$7.25.
This reflects approximately a 41% increase from 2004 to 2012.
Is this the of supporting information that you are seeking?
Regards,
Ralph
Rafael Andrade, Esquire
Law Offices of Rafael E. Andrade, P .A
1111 Lincoln Road, Suite 400
Miami Beach, Florida 33139
T 305.531.9511
F 305.673.5734 c 305.216.2028
NOTICE: This e-mail is from a law fim1, Law Offices of Rafael E. Andrade, P.A.
individual(s) to whom it is addressed. believe you received this e-mail in error,
from your computer and do not it to else. If you are not an
this e-mail to make you a client
expect it to hold in confidence.
its contents in confidence in order
Disclosure: Under L .S, Treasurv reguta·t10ras,
is not intended to be used, ,
to inform you that anv tax advice contained in this e-mail
· under the Internal Revenue Code, or
2
599
Bureau of Labor Statistics Data
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