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R7D-Issue New Police And Parking Towing Permits To Beach And Tremont TowingCOMMISSION 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 December 1, 2012, and ending on November 30, 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 meeting. Key Intended Outcome Supported: Increase community satisfaction with City Services. Supporting Data (Surveys, Environmental Scan, etc.): 7 4% 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 changes residents identified to make Miami Beach a better to live, work or play. 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 Police and Parking Departments Towing Permits? Item Summary/Recommendation: On October 24, 2012, the Mayor and Commission granted a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission meeting. The City's 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permit issue was brought before the City Commission on September 12, 2012; at that time, the Mayor and Commission rescinded their February 8, 2012 (and June 6, 2012), deferral of the towing permit renewals to a joint meeting of the FCWPC and Neighborhoods and Community Affairs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 ofthe items discussed atthe 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. Advise Board Recommendation: n January 19, 2012, the Finance and Citywide Projects Committee (FCWPC) approved a to forward the towin ermit issues to the full Cit Commission for their consideration. Financial Information: Source of Amount Funds: 1 2 3 4 OBPI Total Financial Impact Summary: ment Director PD T:\AGENOA\2012\Nov1420121TowlngPerm11Nov142012.sum.doc MIAMI BEACH ity Manager 271 Account AGENDA ITEM R1 D DATE ll-14-l '2... MlAMIBEACI: City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov TO: FROM: DATE: SUBJECT: COMMISSION MEMORANDUM Mayor Matti Herrera Bower and Members of the City Commission / Kathie G. Brooks, Interim City Manager/efo November 14, 2012 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 DECEMBER 1, 2012, AND ENDING ON NOVEMBER 30, 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 On October 24, 2012, the Mayor and Commission granted a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission meeting. 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 272 Towing Permits November 14, 2012 Page 2 of7 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 ( see Exhibit "A") was issued on October 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 year. • 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 Weithorn 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 273 Towing Permits November 14, 2012 Page 3 of? 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 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). 274 Towing Permits November 14, 2012 Page 4 of7 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 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 275 Towing Permits November 14, 2012 Page 5 of7 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). Subsequent to the October 24, 2012, City Commission meeting, the Permittees provided the following additional information regarding increased operational costs to the towing industry: • Legal fees increased over the same period (see Exhibit "K", Quarterly Census of Employment and Wages). • Certified Public Accounting fees increased over the same period (see Exhibit "L", Quarterly Census of Employment and Wages). • Business Tax Receipt (BTR) increased over the same period (see Exhibit "M", City of Miami Beach Business Tax Receipt). 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 $115.00 $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): $--&.-00 $ 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 276 Towing Permits November 14, 2012 Page 6 of? 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 $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 in 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%) 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 8:00AM. $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 and 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: 277 Towing Permits November 14, 2012 Page 7 of? • 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 "I") 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 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. Attachments KGB/PDW/JGG/SF T:\AGENDA\2012\1 0-24-12\TowingPermit0ctober242012 cme.doc 278 RESOLUTION NO.------- 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 DECEMBER 1, 2012, AND ENDING ON NOVEMBER 30, 2015; AND FURTHER APPROVING AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE AND PARKING TOWING PERMITS. WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides for the issuance by the City Commission of towing permits, for the towing of vehicles identified by the City as requiring removal from the public way (the police and parking towing permits); and WHEREAS, on January 11, 2006, the Mayor and City Commission approved Resolution No. 2006-26100, issuing police and parking towing permits to Beach Towing Services, Inc., and Tremont Towing Services, Inc. (Permittees); and WHEREAS, the term of the Permittees' permits expired on August 31, 2011 and, since then, said permits have been on a month to month term, with an outside expiration date of December 31, 2012; and WHEREAS, the Permittees have been meeting with the City Administration with regard to the City's issuance of new three (3) year police and parking towing permits to the Permittees, as well as to negotiate certain amendments to the City's Administrative Rules and Regulations for Police and Parking Towing Permits (the Rules and Regulations), which amendments include certain rate increases requested by the Permittees to the City's maximum allowable towing rates (collectively, the discussions pertaining to the new towing permits and the proposed amendments to the Rules and Regulations, including Permittees' requested rate increases, are hereinafter referred to as the "towing issues"); and WHEREAS, the towing issues were discussed at the December 27, 2011 and January 19, 2012, Finance and Citywide Projects Committee (FCWPC) meetings; the FCWPC recommended that the towing issues be referred to the full City Commission for its consideration; and WHEREAS, the Administration provided the City Commission with an update on the towing issues (including its ongoing discussions with the Permittees regarding same), at the June 6, 2012 City Commission meeting; at that time, the Mayor and City Commission extended the Permittees' police and parking towing permits (which were set to expire on 8/31/2011) on a month to month basis, with an outside expiration date of December 31, 2012, and referred the towing issues to a joint meeting of the FCWPC and Neighborhoods and Community Affairs (NCAC) to be scheduled at a later date; and WHEREAS, on September 12, 2012, the Mayor and Commission rescinded its prior referral (of the towing issues) to the joint FCWPC/NCAC meeting, and instead directed the Administration to place an item on the October 24, 2012 City Commission meeting agenda for discussion of the towing issues by the City Commission; and WHEREAS, on October 24, 2012, a request by the Permittees to defer Item No. R7P, regarding Towing Permits, to the November 14, 2012, City Commission Meeting, was approved by the Mayor and Commission; and 279 WHEREAS, in the City Commission Memorandum accompanying this Resolution, the City Administration has provided a summary of the towing issues which were (most recently) discussed at the FCWPC on January 19, 2012 (see Item Nos. 1-7 on pp. 3 and 4 of the 10/24/12 City Commission Memorandum for Agenda Item R7P); and WHEREAS, the City Administration concurs with, and recommends that the City Commission approve Item Nos. 1-6; which items are summarized as follows (and also set forth, in full, in the 10/24/12 City Commission Memorandum for Agenda item R7P). Item 1 - Item 2 - Item 3 - Item 4 - Item 5 - Item 6 - renewal of the Permittees' police and parking towing permits, with issuance of new permits for a three (3) year term; approval of certain "enhancements" required of Permittees, such as employee uniforms, employee drug screening, driver's license screening, and reduction of the storage requirement within the City limits; technological improvements; establishment of a City of Miami Beach "resident discount" for public tows; stronger City audit rights for police and parking tows; dismissal of existing lawsuits filed by Beach Towing against the City; and WHEREAS, Item No. 6, the dismissal of certain litigation instituted against the City by Beach Towing Services, Inc., has already occurred; and WHEREAS, the City Administration is unable to make a recommendation as to Item No. 7 (pertaining to the Permittees' request for an increase in certain Maximum Allowable Towing Rates), based upon the lack of data specific to Permittees' request; and WHEREAS, upon the City Commission's approval of the recommended Item Nos. 1-6 above, and Item No. 7, if approved, the City Administration will incorporate the approved Items into Amendment No. 2 to the Rules and Regulations. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve 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 December 1, 2012 and ending on November 30, 2015; and further approving Amendment No. 2 to the Administrative Rules and Regulations for Police and Parking Towing Permits. PASSED AND ADOPTED this ____ day of _____ _;, 2012 ATTEST: CITY CLERK T:\AGENDA \2012\Nov142012\TowingPermitNov142012. res.doc 280 MAYOR APPROVED AS TO FORM & LANGUAGE & FnA EXECUTION EXHIBIT A MIAMI BEACH 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, lntenm City Manage~A /-- DATE: October 16, 2012 SUBJECT: TOWING 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 the 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://web.miamibeachfl.gov/cityclerl</scroiLt:1SPx?id=68854 • Towing Permits -December 27, 2012, Finance and Citywide Projects Committee, Item No. 2. Link: http://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 ('"") 1'...:1 .,_., Jorge Gomez, Assistant City Manager ~ Max Sklar, Acting Assistant City Manager 0 Raymond Martinez, Police Chief (;J) Saul Frances, Parking Director (/) KGB/PDW/SF ~:? F:\ping\$ALL\SAUL\CMO\TowlngPermitsFCWPCMinutes.ltc.doc r-.--t 281 /'"t"'>l '' l :n ,";-j City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, viww.miamibeoi:hR.g~v ' , I 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 CIT~IDE PROJECTS COMMITTEE MEETING OF January 19, 2012. OLD BUSINESS 1. Follow up: outstanding ACTION ' I Report on the number of Business Tax Receipts (BTRs) 1 I ' The ~ommittee requested quarterly !Jpdates be given via Letter to CoJilmission (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 2012 BTR ' renewals: 1 • 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 follow-up action. Ms. Echert also stat~d that a follow up notice has been 1 sent to remind. busin~sses that have not ·renewed their BTR. Commissioner J~rry Libbin . asked how this compares to previous years. Ms. Echert stated that the compliance level w(ls approximately 65-70% last year, as compared tq 80% this year. The Committee requested quarterly updates be given via Letter to Commission (LTC). ! 2. Discussion regarding amendments to the Recycl.ing Ordinance ' :·ACTION Item Deferred 3. Discussion regarding towing permits 282 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 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 the full Commission The Committee asked that the Permittees explain why credit cards and personal checks are not acceptet! 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 t~e 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 Agu,ila stated that the City 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 Weithorn suggested that a revision provision be included in the contract to ensure that the permittees ~re 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 issu.es 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 pelformed. 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 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. • Administration continue to negotiate with the Permittees regarding the 111umber of 283 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 i ACTION The c·ommittee recommended that the item be brought to the full Commil$sion and that the funding chart be. included as part of the memo. Real Estate, Housing, and Community Development Director Anna Parekh ~resented the item. A modification of the repayment terms in the Promissory Note dated Februar-Y 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 sufficient cash flow to cover annual principal payments in the ~mount of $150,000 to th'e 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 for 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 docufTients with MBCDC and its predecessor to secure the use of funds and project execution.! While all the documents were prepared independently by each lender, all the loan documents share comr_non covenants which require.the delivery of a completed affordable housing project. 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 is kept "affordable" in accordance with HUD guidelines. This project's "affordability pei-iod" 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 affordability period, that the City may be given the option to either 'call in the note, extend the affordability period (e.g. another thirty years), or otherwise modify the note. The Committee recommended that the item be brought to the full Commission and that the·funding chart. be included as part of the memo. REPORTS 5 .. Report on the status of FY 2010/11 potential new revenue initiatives 284 ACTION None Requ'ired The Committee did not discuss the item. NEW BUSINESS 6. Request for appro\fal 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 recomm·ended 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 Citywide 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 Managemer~t 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 -ir;1 e~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 {3) 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 it 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 Libbin 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 that this item and the item regarding the Recycling Ordinance be brought back to the March 1, 2011 Finance & Citywide Projects Committee Meeting. 285 7. D.iscussion 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 (RDA), · ... (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, McGiadrey 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 Salon Group, Inc., for use of approximately 1,327 square feet of City-owned property located at 1701 Meridian Avenue, Unit 1 {A/KIA 766 17TH Str«:et), 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 Stern Group, the City's contracted real estate broker, presented the City with a Letter of Intent (LOt) 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, Unitt 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 286 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 in the vacant retail 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 leasing 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 Stern of Koniver Stern 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 r.ecommended moving forward and bringing the item to the full Commission. Assistant City Manager Hilda 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 (LOI) on behalf of Groove Man Entertainment, Inc., (Grooveman Music) for Suites 1 through 4 in the Anchor Shops. Groove(Tian 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 1543 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 only 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 lea·se 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 fl.lll 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 287 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 Mr. '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. Mr. Papy stated that Mr. Reyes conveyed· his intent to fully comply with the request. Chairperson Deede Weithorn 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 almost two years for the records to be turned over. 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 il") Flamingo Park and all competing for a ·small pool of children. Chairperson Weithorn 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. 288 MIAMI BEACH City of Miami Beoch, 1700 ConvenMon Center Drive, Miami Beac:h, Florida 33139, www.micmibecchR.gov COMMITTEE MEMORANDUM TO: FROM: Mayor Matti H. Bower and Members of the City Commission City Manager Jorge M. Gonzalez)'(' t5 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. ~he 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 2. 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 City 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 Real Estate Housing and Community Development · REPORTS 5. Report on the status of FY 2010/11 potential new revenue initiatives Kathie Brooks-Budget & Performance Improvement Director 289 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 Work~ 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's (CAFR), (OMB A-133 Single Audit), The Miami Beach Redevelopment Agency's basic financial statements (RDA), ... (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) (September 14, 2011 Commission Item C71) . (October 19, 2011 Commission ltein C~D) Patricia Walker-Chief Financial Officer 9. Discussion regarding property assessed clean energy (PACE) ·program (October 19, 2011 Commission Item R9H) 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 JAIKIA 76~ 1.71 H 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 Real" 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 290 Finance and Citvwide Projects Committee Meetings for 2012: March 1, 2012 March 29, ?01_2 April19, 2012 May 17, 2012 June 21,2012 July 26, 2012 September 20, 2012 November 29, 2012 December 20, 2012 JMG/PDW/rs/th To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any 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 291 292 t . I ·.!'\!\ If\,/\ I ~ !=A I \ !h#. b. , OF.FICE OF THE CI1Y MANAGER H --,--c, TO: Finance and Citywide Projects Committee COMMITTEE MEMORANDUM FROM:. Jorge M. Gonzalez, City Manager ~r .JJIJ1 DATE: January 19, 2012 SUBJECT: DISCUSSION REGARDING POLICE TOWING PERMITS • FOLLOW-UP On December 27, 2011, the Finance and Citywide Projects Committee (FCPC) discussed the police towing permit issues at length. The FCPC directed the Adminis.tration to bring back the item to its meeting on January 19, 2012; 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 (CPI -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 Tenninal·lsle 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 following reflects the results of those meetings: I. PUBLIC BENEFITS At the FCWPC meeting of December 27, 2011, the Permittees clarified that the proposed public benefit was a one time, 20% reduction for Miami Beach residents. The FCWPC did 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 annually. 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, arid their driver's license information must match with the vehicle registration information. • 20% 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 trac~ 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. 293 Discussion Regarding Towing Permits-Updated Finance & CitywldeProjectsCommittee Meetfng January 19, 2012 Page 2 of 10 B. Permittees agreed to develop a formal "internal review" process to address citizen complaints. This has not been developed as of the writing of this memo. II. 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 CPI (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 2ih, 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 with the Permittees; however, this analysis refle~ts a single 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 significant percent of tows may occur during normal work hours and while not a majority, when included in a blended analysis it will 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. 294 Discussion Regarding Towing Permits-Updated Finance & Citywlct_e Projects Committee Meeting Janu~ry 19, 2012 Page 3of10 Total Cities In Florida ATF"' Class A Bal Harbor $223.00 $115.00 Fort Lauderdale (4) $159.80 $100.00 Jacksonville $204.03 $106.02 Adm Fee $40.00 $30.00 $0.00 Key West $226.75 $135.00 ·$25.00 Miami-Dade· $161.25 $104.00 (8) $30.00 MPA $176.00 $118.00 $30.00 Or1ando $144.00 $125.00 $0.00 Surfside (5) $205.00 $115.00 $30.00 West Palm Beach $228.00 $130.00 $60.00 Palm Beach County $237.00 $156.00 $0.00 Hillsborough County $264.00 $115.00 $75.00 Broward County $192.50 $105.00 $30.00 St: Lucie County $198.00 $100.00 $35.00 Indian River County $208.50 $119.00 $34.00 Monroe County $271.75 $135.00 $25.00 CMB (CURRENT) $205.00 $115.00 ::i30.0? $206.54 $118.31 $29.63 Permittees' · · proposed rates applied to an average tow 2012 $241.00 $140.00 2013 $259.00 $150.00 2014 $269.00 $155.00 (1) City Fee is included in the Class A Fee (2) Adm Fee is $63.16 applied after 72 hours (3) Adm Fee is $50.00 applied after 48 hours (4) Permit Fee is annual/per zone (5) CMB Towing Permit Piggyback $35.00 $41.00 $44.00 (6) Adm Fee applied per notification after 24 hrs ..... $3.00 $4.80 (2) $3.04 (7) $3.00 $3.00 $5.00 (3) $4.00 $5.00 $5.00 (9) $7.00 $4.00 (6) $0.00 $3.00 (6) $3.00 (7) $3.00 $5.00 $3.80 $6.00 $6.00 $7.00 (7) Adm Fee applied per notification after 24 hrs and up to $135 (B) Includes $3.00 Fuel Surcharge (9) $50 Adm Lien Fee after 24 hours labor per 15 After min Hours City Fee $25.00 $0.00 $40.00 $25.00 $0.00 $0.00 (1) $22.72 $57.25 $15.00 $33.75 $30.00 $0.00 $24.25 $0.00 $0.00 $23.00 $0.00 $26.00 (1) $15.00 $0.00 . $0.00 $25.00 $30.00 $40.00 (1) $33.00 $0.00 $0.00 $39.00 $35.00 $0.00 $20.00 $50.00 $0.00 $27.50 $0.00 $30.00 $25.00 $35.00 $0.00 $12.50 $40.00 $0.00 $33.75 $75.00 $0.00 $25.00 $30.00 $25.00 (1) $25.59 $23.89 ~11 $30.00 $30.00 $30.00 $32.00 $30.00 $35.00 $33.00 $30.00 $40.00 Maximum Allowable Towing Rates in Rorida-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 Tow). Please note that the Average Tow Fee (ATF) includes a Class "A" Tow Fee; Administrative Fee; Mileage one (1) mile; Labor; and After Hours Fee. Also, please nota 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. 295 Discussion Regarding Towing Pttrmits-Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page4of10 Based on the example above, the Permittees have proposed a rate increase that will raise 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 tha~ the Permittees will 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% over the · current rate. The Permittees have also proposed to increase the City's fee, w~ich they collect for the municipality, 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. It is important to note that for public tows, in addition to the tovv 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 ari impound order for outstanding citations, and even under those circumstances all outstanding citations must be paid in order to retrieve the vehicle. : Ill. 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 (CPI) utilized by the Permittees In their analysis to determine the actual effect of compounding the CPI to towing rates over a long period; .and (2) insert typical language used in other Clty ordinances, (such as the Business Tax Receipts Ordinance) related to an Index: or escalator for fees (See Att:aqhment 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 standard 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 [X] 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 CPI for the Miami-Fort Lauderd.ale 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. 296 , . ' ', Discussion Regardi(,g Towing Permits-Updated Finance & CityWide Projects· committee Meeting JMI)(lflj 19, 2012 5of10 PERMITIEES' CPI Adjusted Rates from Applicable Base (2005) to FY2012 through FY2014 Outside Outside Outside Storage Fee Storage Fee $39.71 $191.91 CITY'S CPI Adjusted Rates from Applicable Base (2005) to F Outside Storage Fee Motor & Outside $0.26 Outside Storage Fee Any Vet)icle <20ft Lor >SftW $0.31 Oass "B" $1.17 $1.48 297 Class "D" Tow Fee Class B&C $164.98 $166.30 $172.45 $177.62 $182.95 Class B&C 3.00%* Discussion Regarding Towing Permits..Updated Finance & Citywide 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 Rufes and Regulations (which govern public tows), to look at other existing audit provisions, in comparable buslness models, such as the language in the agreements between the City and Smith & Wollensky and the Boucher Bros, the Administration drafted the following 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 aforementione.d 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 provide 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 EXAMINATION OF RECORDS. Permfttee shall maintain current, accurate, and complete financial records, on an accrual basis, related to its operations pursuant to this Permit. Systems ahd procedures used to maintain these records shall include a system of internal controls; all accounting records shall be maintained in accordance wfth generally accepted accounting principles; and shall 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 shall maintain all·such records at its principal office, currently located at , Miami Beach. Florida, 33139, or, if moved to another location, all such records shall be relocated, at Permittee's sole expense, to a location in Miami Beach, within ten (10) days from notice of request for 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 maintairi accurate receipt-printing cash seNices which will 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 receipts and profit and Joss statement pursuant to generally accepted acco~.Jnting principles. Permittee records shall a/so be maintained for a period 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. Permittee shall submit to the City's Finance Depattment's Revenue Manager, ·within sixty (60) days of the end of each contract year, an annual statement of gross receipts, 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 Depattment's Revenue Manager, such statement shall be accompanied by a repott from an independent CPA firm which shall perform cettain agref:Jd upon procedures, as described in Exhibit_ attached hereto. SECTION# INSPECTION AND AUDIT. 298 Discussion Regarding Towing Permits-Updated· Finance & Citywide Projects Committee Meeb'ng January 19, 2012 Page 7of10 The City Manager or his designee shall be entff/ed 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 audit(s), unless the audit(s) reveals a deficiency of five {5%) percent or more in Permittee's statement of gross receipts for any year or years audited, In which case Permittee shall pay to the City, within thirty (30j days of the City deeming the audit final, the cost of 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 are perlormed separately). It is Permittee's intent to stay fnfonned of comments and suggestions by the City regarding Permittee's perlormance under the Agreement. Within thirty (30) t;fays after the end of each contract year, Permittee's and the City may meet to review Permittee's performance under the Permit for the previous contract year. At the meeting, Permittee and the City may discuss quality, operational, maintenance and any other issues regarding Permittee's performance under the Permit. Nothing contained within this Section shaii 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 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 2008-3617 on robotic and mechanical parking); 2. Beach Towing Services Of Miami, Inc., v. 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): and 3. Beach Towing Services Of Miami, Inc., v. 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 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. It is proposed that, 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 attomeys' 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 judicial challenge to such Ordinance. VI. CITY'S IN-HOUSE TOWING INITIATIVE 299 Discussion Regarding Towing Permits-Updated Rnance & Cttyw;de Projects Committee Meeting January 19, 2012 Pa'ge 8 of 10 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 Committee agenda and, after deferring discussions for two months, the Committee decided, at its December 8, 2011 Meeting, to table this item until such time as the Commission decides to place it back on the agenda for discussion. On December 27, 2011, 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 (wrecker) and any and all 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 conducting further research and evaluation of the various systems propo~ed). • RSI/GPS Tracking Devices (Wreckers) -Radio Satellite Integrators (RSI) is a third party provider of state-of-the-art vehicle tracking systems. The City has contracted RSI 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 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 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 required to engage DTS, a web based towing software provider, to manage public and privat~ 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 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). • Temporary [Towed} Vehicle Storage -The Administration 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). 300 D1'scuss/on Ragard'ng Towing Permits-Updated Finance & Citywide Projects Committee Meeting January 19, 2012 Page 9 of 10 • Defamation Provision (video/audio depiction of public tows) -This prov1s1on 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 tc:>ws. (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 all employees and provide pass/fail 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 all 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 pennits allow the City Manager to suspend the permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, for violation(s) of the towing permit Rnes for typical violations may include, but are not limited to: employees out of uniform; illegal storage of vehicles; overcharging/assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed 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 rate increases; public benefits for Miami Beach residents; permit requirements/enhancements; accountability; and legal issues. JMG/£. F:OT1gr\$ALL\JGG\Finance Memas\TowlngPennitRe!erra1FCPCJan192012(3) mem.docx 301 Discussion Regarding Tawing Permits-Updated Finane& & ·Citywide Projects Committee Meeting January 19, 2012 Page 10 of 10 1 ·--- UCltODier 1 ~ 2009. -~uSiness . taxes _ t9E_. :~ __ foll9vi~9 _.:. _ .. ....... . ····ac·c-upations~or. professions_ §lre bereb.y l_~vied ~nd impos~d as follows: :year on 1, up with cumulative percenta~e. change. in the ~.onsumer -Pri~ J*!51~~ (CPI) measure b~tween June 1994 through March 2003, which iS: :24.5 .. perce11_t;. further Jl~?~~in&t ... ~.r .!t:l~~l:t~! .. c:hange equal to thej ~umulativ:e. perc~.r!~9~t_t!i'!t!t:~9~J.n_~~-gJ!I·fr5tm~l\'far9~903J~ 1. !~~J?I9Y~d~q-_i!1~es~l~on -~~~-?.QP~:2§2~9~.~-a ~~e~i~w, ~t~e ~n!1~!1 permit fee/business tax wi~l be_ required whenever th~ change_ in! :tf1e J;~lls~!_n~~ P~JC?.~J~~~~.it:!Jk ~~e~_the, ~~tet!t ~'?~! .. ~nd. !b.! _dat! . t?f __ the . CP.I }:~~_ed J~U!!•a~J~~-t!-txlfee_!dlust~~-~~~-1!-.fi'W _2r_grea~!~ 302 l '. t.e MJAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beech, Florida 33139, www.miomibeochA.ecv COMMITIEE MEMORANDUM TO: FROM: ·DATE: 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 27, 2011. OLD BUSINESS NEW BUSINESS 1. Discussion regarding the Miss USA Pageant ACTION Chairperson Weithorn 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, th~ 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 0/CA) about the opportunity of the City hosting the Miss USA® pageant in Miami Beach in 2012. 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 consist~ntly rank among the most watched television programming in the world. Miss Universe Organization L.P., 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 in the United States. NBC Universal distributes the shows to international markets (approximately 170 countries). The three events are packaged together for international. distribution. NBCUniversal promotes the live telecast prior to the air date, which provides exposure to th~ host , 1 101 303 Agenda Item C(D D Date ;;J.r r-I 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 1962, until1971. 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-kind 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 ~hat the cost would be to the City. Mr. Sklar stated that 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 felt that the GMCVB, as a partner with the City, should do all they can to make the event happen. Commissioner Jerry Libbin was concerned about scheduling the Miss USA pageant during Memorial Day Weekend< this 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 would 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 could 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 Weithorn 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. Discussion regarding towing permits 2 102 304 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 permltees to the full Commission, that an additional public benefit be proposed, tha1: 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 1hat are affected be notified so that they may have the ~lght 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 been 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 million. Commissioner Tobin was concerned that the towing companies stated that they were operating at a loss when approximately $2.5 million dollars of revenue wa~ generated by the City co·ntract 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 the proposed rate increase was based upon Consumer Price Index (CPI) 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 Weithom 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 Del Vecchio stated that .he reviewed the City Code, State Statutes and County code regarding towing and felt that the public interest was not being served. Mr. l'.:lel Vecchio suggested the City look at booting vehicles, and suggested that an audit of the towing companies be performed. Discussion ensued. Lobbyist David Custin suggested that the City freeze the City Fee portion of the Tow Fee. Ralph Andrade, attorney for Beach Towing, dlstlibuted'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, 3 103 305 2014 to February 1, 2012 through January 31, 2015 and then asked if the clause relating· to ·the litigation, which was a condition of the approval of the resolution, that the petitioner agree to drop the lawsuits with prejudice, was omitted in error. Mr. Andrade stated 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 all 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 Notice. 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 Rarking 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. 4 104 306 ., (9 MIAMIBEACH City of Miami Bee~ch, 1700 Conv9f11ion Cenler Drive, Miami Beooh, Florida 33139, www.mlomibeochfl.gov COMMITIEE MEMORANDUM TO: Mayor Matti H. Bower and Members of the City Commission FROM: City Manager Jorge M. Gonzalez DATE: December 27, 2011 Tl)is shall serve as written notice that a meeting of the Finance and Citywide 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 Fernandez-Assistant City Manager 2. Discussion regarding towing permits Jorge Gomez-Assistant City Manager JMG/PDWirs/th To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any 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 call 711 (Florida Relay Service). Cc. Mayor and Members of the City Commission Management Team 307 ... Under Separate Cover 308 309 /V\I/\/\l\1 BEACH OFFICE OF THE CITY MANAGER COMMITTEE MEMORANDUM TO: Finance and Citywide Projects Committee FROM: Jorge M. Gonzalez, City Manager~ .J/.Ier DATE: December 27·, 2011 SUBJECT: DISCUSSION REGARDING TOWING PERMITS On December 14, 2011, the Mayor and Commission, via Agenda Item No. R7B, referred a discussion item to the Finance and Citywide Projects Committee regarding the City's towing permits with Beach Towing and Tremont Towing and the following related issues; maximum allowable towing rates/discountfor Miami Beach residents; permit requirements/enhancements; accountability; legal issues; and ttJe 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 terms of the renewaVextenslon ofthe 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 requesting direction from the policy makers. The discussions were to center on certain requirements that would enhance accountability and increase operational accountability. 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 location as well as to the site proposal for the relocation at 1861 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 limited to: on-site cameras; restricted access to the facility through the neighborhood, landscaping, etc. (Note: The Permittees have not agreed to this). ACCOUNTABILITY • 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 (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. (Note: Permittees have only agreed to do this at their sole discretion). • RSI/GPS Tracking Devices (Wreckers)-Radio Satellite Integrators (RSI) is a third party provider of state-of-the-art vehicle tracking systems. The City has contracted RSI 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 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 Departments. (Note: Permittees have only agreed to do this at th~ir sole discretion). 310 Discussion Regarding Towing Parmlt$ Dacember27, 2011 Finance & Citywide Projects Committee Meeting Page 2 of5 • Towing Software (Dispatch and Tracking Solutions)-Dispatch and Tr.acldng Services. {DTS)-DTS Is a third party proVIder of sta:te-of~the-art towing software. Each towing service provider shall be required to engage OTS, a web based towing software provider. to manage public and private property tows. Both towing st'!lrV!c:e providers would be required to use the DTS system for all tows. A DTS tow fee is assessed for each tow. (Note: Permittees have only agreed to do this at their sole discretion). • Defamation Provision (video/audio depiction 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 perfonn drug test screening on all employees and provide pass/fall results to the City upon request. . (Note: This was agreed to by both Permitt~es and. can be required by the permit). • Drivers License Screening-Each towing service provider would perfonn driver's license screening on all employees with driving responsibilities. (Note: This was agreed to by both Permittees and can be required by the permit). • Penalties/Fine Schedule-The existing towing permit wnh both towing services providers allows for the City Manager to suspend tile towing permit for a period of time as a penalty. The Administration recommends a fine schedule, as a financial disincentive, forviolatlon(s) of the towing permit. Fines for typical violations may include but are not limited to: employees out of uniform; illegal storage of vehicles; oVl.'.l:rcharglng/assessment of drop fees; violations of the conditional use requirements, etc. (Note: Both Permittees have agreed to continue discussing th!slssue). 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) Vehicle Storage-The A<:! ministration recommends an amendment to 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). • Exterld 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). FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC) -PERMITIEES' RATES ANALYSIS At the December6,2011, 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 since they have not been Increased since 2004. The analysis further·suggests that a CPI (Consumer Price Index) of three percent(3%) be applied to 311 D/scussfol' Regarding Towing Permits December 27, 2011 Finance & Citywide Projects Committee Meerlng Page3of5 certain towing rates (see attached Permittees' Analysts). 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 jurisdictions. The survey below Identifies Miami Beach as having the highest maximum allowable rates locally (Miami-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. Adm Fee Milea e Labor Hou 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 Lauderdale $134.80 $100.()0 $30.00 $4.80 $0.00 $0.00 $0.00 Jacksonville $176.t:i5 $91.75 $0.00 $Z.62 $32.76 $49.52 $15.00 Key West $163,00 $135.00 $25.00 $3.00 $9.00 $0.00 $0.00 Miaml Dade $134.00 $101.00 $30.00 $3.00 $0.00 $0.00 $0.00 MPA $168.00 $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 $205.00 $115.00 $30.00 $5.00 $25.00 $30.00 '$25.00 $205,00 $115.00 $30.00 $5.00 $25.00 Average $ $3.4 Permittees' Proposed rates applied to an average tow 2012 $241.00 $140.00 $35.00 $6.00 $30.00 $30.00 $30.00 2013 $259.90 $150.00 $41.00 $6.00 $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 Piggyback **"'City Fef! 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 ·A" Tow Fee (the most common type of tow) ls proposed by the Permittees to increase from $115, 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 they 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 seeklng to include a public benefit provision In the discussions with the Permittees. At the December 14, 2011 Commission Meeting, both Permittees agreed to 312 Discussion Regarding Towing Pennits December 27, 2011 Finanr;fl & Qjtywlde Projects Committee Meeting Page4of5 ·provide Mlaml Beach residents, with proof of residency, a twenty percent (20%) discount for all towing services. The Administration met with both Permittees on December 20,2011, 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 far 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 ~Internal Review" process to address citizen complaints. TOWING PERMIT ENHANCEMENTS At the direction of the FCWPC, the Administration met with both Permittees on December a, 2011, staff reviewed the proposed rate of Increase and discussed with the Permittees certain enhancements to the towing permits. Both Permittees agreed to the fallowing enhancements, as ~ requirements, of the towing permits: • Uniforms -Towing setvice providers sha'll be required to provide all employees with uniforms. U nlforms shall be approved by the City Manager or his designee. • Employee Drug Screening-Towing setvice providers shall perform drug test screening on all employees and provide pass/fail results to the City upon request. • · Drivers License Screening-Each towing setvice provider shall perform driver's license screening on all employees with driving responsibilities. · • Reduce storage requirement within the City limits from seven (7) days to one (1) day .. • Temporary [Towed] Vehicle Storag·e-An amendment to the City Code is necessary to allow temporary storage of towed vehicles in locations other than currently permitted by the ~ity Code during high Impact events in the City. · Both Permittees agreed that the following list of enhancements be considered on a voluntary basis. It should be noted that Tremont Towing agreed to implement the following enhancements; however, Beach Towing, has decided not to implement any of the e'nhancements at this time: • 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 (wrecker) and any and all footage (video/audio) shall be provided to the City, upon request. • RSI/GPS Tracking Devices {Wreckers)-Radio Satellite Integrators (RSI) is a third party provider of stat&-ef·th&art vehicle tracking systems. The Clty has contracted RSI io provide a web based vehicle tracking system to manage Us fleet. lncludlng location, speed, and Idle times of City vehicles. Each towing service provider would be required to engage RSI and deploy GPS tracking devices for a!! wreckers and/or servlce vehicles; and would be required to provide acQess to the RSI. system to the Police and Parldng 313 Discussion Regarding Towing Permits December 27,2011 Fmanr:e & Citywide Projects Committee Meeting Page 5of5 , Departments. • 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 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. 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 "Enforcement" provision to the towing permit to ensure accountability 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 ofT owing Bill of Rights information; etc. and (2) Major Violations such as: overcharging; Illegal storage; etc. LEGAL ISSUES Beach To\ving 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 fac!Uty on Terminal Island for the storage oftowed vehicles. The results of that study were placed on the Neighborhoods and Community Affairs Commtttee agenda and after deferring discussions for two months, the Committee decided at the December 8, 2011 meeting to table , this item until such time as the Commission decides to place it back on the agenda for discussion. CONCLUSION The Administration seeks further policy direction regarding the proposed increases, the discount proffered for Miami Beach residents; permit requlrements!enhancements; accountability; and legal issues. The Administration is also seeking policy directlon on the issue of Terminal Island as the matter was tabled Indefinitely by the Neighborhoods and Community Affairs Committee. Attachments JMG/JGG/SF F;\Ping\Saui\FinanceCommlttee\TowlngPermitReferraiFCPCDec272011.mem.doc 314 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 In length increases from $25to $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 1, 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 1, 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; • Dollies 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, and $32, effective as of January 1, 2013; and $33, effective as of January 1, 20 14; • 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 315 • <I" Bench Towing Services, lm:. ,.\'-\!.)SIS I >I \l\\l\11 \1 \1 I 0\\ \BI I l 0\\ 1'-L IU H S City of Miami Beach \", \1 \'-1' 1\. '-ll'!'"l~! "l \\II \.lll\.1. '-It 'I ill\.•~~-I \.IIlLI P \11\1\lt \I \IJ<I\\\1<!111\II"-<111111•11\PI\11\\11 1 11 \Ill 11>\ll\.1-.lll\ll\l H!ll'- ,.,,ll'lid I \l!>l\."-ll•kl'i>lltl I'.JII'\1{1,1'-•·111\\1\.I,J'IIt\111, ''1!1\1"111 II\ IllY~: -""'" \\P \\11',11111 i>'\ \I\'' il. :w· II\ l'·.t Rl \'•l'\1, 1111 \I \ \I\ II \I \ I I ' I\ I \I! I I I< I I I •, II I I{ I I I I t I I Ill \\\.I \ l l I I'. -.j \II H I' R II I· l'\1'11 \ lll[l 1!~1 \II \\11•<11~ l I \1 lliiOJ \II •d l•lll'\ '-I\< i .'Hili liN I \IIIII H l''·"·· 316 - C1ccres & G('lmez, CPA, P.L Ccni fkd Ptt hlk' :\CCilllmanrs l!·l.\3 $\\':·C .. · hnlU< \lhuni, Flt>rid.1 1.>l--~ · :]115• 2(,:'-:-:!.>1'- Bench Towing s~rYil.:t'S. inc. 13·49 Dnde Boul~\·nrd ivtinmi Bench. f-loriuu Tu Th~: IJonrd of Din:ctur':;: :Following is th~.; mmlysis rcc}UIOS\~d nml adopted by your mnm1gem~nt 1·dnting to the increase urtht 1'v1nxinnlm Alluwabh: Towing Rates !'or FY20 I~ 'lhrough Y:¥20!4. from I he bQ!>c rate of FY2004. or cni·lkr. atljnstcll by !h..: Consutm:r Prkc lmh.:x applkubl~ ·to th~.: :-vlinmi-Fort Lnudtmlule •m~n. The FY20U-I ivlaximum Allowable lowing Rates were oblninctl from the City nfMinmi Bench Adminislmtin~ Rules :md Regnlnlions For Police ontl Parking Towing Permits. Rc\'ised as t)f.luly 2:1, ]!)09 (::;ee App1.mdix I of tlw l\1mlysisl. which rntcs wt:rl! 1"\C't.:ommemled in the Colllllli~siml i\·1cmorn1Hlum dn1eJ Jununry 14.2004 (~ec Appendix 2 of the r\nnlysis}. ·The mmlysis is inlended for intemalusc only and ymw managrmem 's prescmntion 10 ·the Mayor :md City Com111ission of the of i'v1inmi Bench, Florida, whicl1 is responsible Cur selting the Maximum-A!Iownhk Towing R01tc5 tmd should no! be me<l for any other pmposc. The nclunl rcsulrs m11y vmy lrom tlio~c prc~cm~d. and the 1·urimion!; nmy be material. Cac.::res & G61Mz. CPA. P.L. 317 - Over the past ten years.there has been a substantial increase in the CPI published by the U.S. Bureau of Labor Statistics. The incre~se tr~ns!ates to an average CPI an~ual Increase of I about 2.97% over a 10 year period or an increase in expenses of about the same rat~. More importantly, CPI adjustments increased at a rate of 4.7% in 20_05, 4.90% In 2006, 4.20% in 2007, am.f 4.60% in 2008. The CPI decreased at a rate of -0.30% in 2009. The CPI increased at a rate of 0.80% !n 2010. The trend for 2011ls a CP\ increase of approximately 3.70"AI. The data tables from the U.S. Bureau of ~abor Statistics are attached hereto in 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 fn a timely manner. The rates have remained stagnant ranging from 2001 for several fees and for all fees since January 14, 2004, resulting in unavoidable losses of income for companies in the towing buslnf'55 In 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 City of Miami Beach Administrative Rules and Regy.lr~tions For Police and Parking Towing Permits, Revised as of July 22, 2009 (attached hereto as Appendix ":!."). It ls vital to note that the same conditions and justifications cited In the Commission Memorandllm dated January·14, 2004 (attached hereto as Appendix "2"), to warrant an increase to·the Maximum Allowable Towing Rates are present today. The following Table 1, broken aut into two .(2) pages, reflects the application of the CPI to the FY2004 Maximum Allowable Towing Rates. Immediately following the CPI calculations are Beach Towing Services, Inc., proposed blended rates (rounded for simplicity} 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, Inc. Consulting Engagement 318 w ~ <0 r~-.. ~~<;;~-:~~"""?~--:-~ ~-o~·-.._--~ ~~~ -,, Table l, PG 1· The Annual Consumer Price Index obtained from the U.S. Department of Labor for Miami-Fort lauderdale Region, not seasonally adjusted, applied to the applicable Maximum Tow Rates E~tablished in JanLJary 14,.2004 or earlier applicable b;ase rate. Blendi'Jd Increase of Rates with Embedded CPI Increase $ 12.00 $ 30.00 $ 35.00 $ 135.00 $ $ 12.00 $ 30.00 $ 35.00 $ 145.00 $ $ 15.00 $ 36.00 $ 44.00 $ 150,00 $ lEGEND-TABLE liPG 1.2) 16S,OO $ 180.00 $ 190.00 $ Class D Towing Fee ' 200.00 $ 220.00 $ 230.00 $ 230.00 $ 250.00 $ 265.00 $ 145.00 160.00 180.00 a) The analySis ofCPIIncrease.s was ap!)lled as of FY2005, since thl'! January 14,2004 determined increases were scaled In 2004 and 2005. b) For the periods FYZ013 and FY2014, tf:te CPT Increase used wa5 the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement AnnuaiCPI% incr4l!las.a w N 0 r Table 1. PG 2-The Annual Consumer Price Index obtained from the U.S. Department of Labor for Miami:Fort Lauderdale Region, no~ seasonally adjusted, applied to the ,applicable Maximum Tow Rates Established in January 14, 2004 or earlier applicable base rate. Miami Beach I Annual CPI % City Fee, Increase Blended Increase of Rates with Embedded CPIIncrease $ 20.00 $ 6.00 $ 35.00 $ 40.00 $ 30.00 $ 35.00 $ 30.00 $ 22.00 $ 6.00 $ 41.00 ,$ 47.00 $ 32.00 $ 40.00 $ 32.00 $ 24.00 $ 7.00 $ 44.00 $ 50.00 $ 33.00 $ 43.00 $ 35.00 --LE_GEND -T~L£ llP~_u} a) The analysis of CPI increases was applied as of FY2005, since the January 14, 2004 determined increases were scaled In 2004 and 2005. bl For the periods FV2013 and FV2014, the CPI Increase used was the 10 year average CPI, calculated at approximately 3.0% (rounded). Beach Towing Services, Inc. Consulting Engagement , - w N ~ ----·---~ V ,._~,--A---"""<---~,-·-.,...-~-· Table 2-The following table summarizes the effect of the Proposed·CPI increases on the Maximum Allowable Tow Rates for the Average To~. Effect of Year Beach Towing Services, Inc. Consulti~g Engagement Outside Storage "'Fee Any Vehicle <20ft L & <8ft W 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 2:09 PM Correa, Nelida; 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. The meter numbers are: 0107003 0107005 0107007 0107009 0107012 0107014 Please send me the form and I will gladly fill it out. In the interim I am attaching the CC auth. Thanks, Ann ~ Please don't this e-mail unless you need to, 1 322 BEACH TOWING SERVICES, INC., a Florida corporation, Plaintiff, THE CITY OF MIAMI BEACH, a Florida municipal corporation, Defendant EXHIBIT B IN THE CIRCUIT COURT FOR THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO.: ll-37364 CA 31 Plaintiff, Beach Towing Services, Inc., by and through undersigned counsel, pursuant to Florida Ru:le of Civil Procedure l.420(a), hereby gives notice of voluntarily dismissing the above styled cause of action without prejudice. Respectfully submitted, LAW OFFICES OF RAFAEL E. ANDRADE, P.A. Attorney for Plaintiff 1111 Lincoln Road Suite 400 Miami Beach, Florida 33139 Telephone: (305) 531-9511 Facsimile: (305) 673-5734 By:~~--~~~~~~~------ RAFAEL E. ANDRADE, ESQ. Florida Bar No. 83341 323 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of foregoing was served by U.S. "/ .r-t, Mail this ,?-~0 day of December, 2011 to: Gary Held, Esq. First Assistant City Attorney City ofMiami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 Gerald B. Cope, Jr., Esq. Elizabeth Hernandez, Esq. Niesen 0. Kasdin, Esq. Jennifer C. Glasser, Esq. Akerman Senterfitt One Southeast Third A venue, 25th Floor Miami, Florida 33131-1704 LAW OFFICES OF RAFAEL E. ANDRADE, P.A. Attorney for Plaintiff 1111 Lincoln Road Suite 400 Miami Beach, Florida 33139 Telephone: (305) 531-9511 Facsimile: (305) 673-5734 By:~~~===::::;.~::,:::;=;;_...::::::..=--.= n.rt.l.JO..LOL E. ANDRADE, Florida Bar No. 83341 2 324 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 TOW1NG SERVICES OF MIAMI, INC., by and through its undersigned counsel hereby serves its Notice of Filing Stipulation of Dismissal with Prejudice in the above-styled matter. CERTIFICATE OF SERVICE I HEREBY certify that a true and correct copy ofthe 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 33 t 9; and Elizabeth Hernandez, Esq., Neisen Kasdin, Esq., and Jennifer Cohen Glasser, Esq., ennan Senterfitt, Counsel to 1747 BAY ROAD PROPERTIES, LLC, 1 Southeast 3rd Ave, Flo 25 Miami, Florida 33131. E:\ WORK\B\BEACH TOWING\d\NoticeDismissal3499 .doc 325 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF :MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC.,("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 A ITORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25rnFLOOR MIAMI, FLO 131 (305)374-5 BY:. __ ___. NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH AITORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4111 FLOOR MlAMI BEACH, FL. 33139 (305) 673 • 7000 BY: ______________________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 347949 326 IN THE ELEVENTH IDDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11465 AP LOWER CASE NO.: BOA File No. 3499 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITYOF:MlAMIBEACH, and 1747BAYROAD PROPERTIES, LLC, Respondents. ----------------------------------' STIPULATION OF DISMISSAL WITH PREJlJDICE Petitioner, BEACH TOWJN(j SERVICES OF MIAMI, INC .. ("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. LEVINE & PARTNERS, P.A. ATTORNEYSFORPETnJONER 1110 BRICKELL~ VENUE SUI1E 700 MIAMI, FLORIDA 33131 (305) 312-1350 BY: _____________________ _ SUZAN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITI ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25TH FLOOR MIAMI, FLORIDA 33131 (305)374-5600 BY: _________ _ NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH ATTORNEY FOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4TH FLOOR MIAMI BEA~, FL. 33139 (305) 6 ' BY: ,ESQUIRE FLORIDA BAR NO: 347949 327 IN THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION APPELLATE CASE NO. 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 OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., by and through its undersigned counsel hereby serves its Notice ofFiling Stipulation of Dismissal with Prejudice. 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 25 Miami, Florida 33131. E:\WORK\8\BEACH TOWING\d\NoticeDismissal3486.doc 328 LEVINE & P TNBRS, P .A. ATTORNEYS OR PETITIONER 111 o rickell 7th Fl r OBS,ESQ. 0. 380008 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORJDA IN AND FOR MIAMI-DADE CQUN1Y, FLORIDA APPELLATE DIVISION CASE NO. 11-466 AP LOWER CASE NO.: BOA File No. 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH, and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, INC., ("BT'), and Respondents, CITY OF MIAMI BEACH("City"), and 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 VENUE 25m FLOOR MIAMI, FLORID 1 (305)374-5600 BY: ~~~-::--- NEISEN KASDIN'7ESQUIRE FLORIDA BAR NO: 302783 CITY OF MIAMI BEACH AITORNEYFOR RESPONDENT, CITY 1700 CONVENTION CENTER DRIVE 4TII FLOOR :MIAMI BEACH, FL. 33139 (305) 673 -7000 BY: ___________ _ GARY HELD, ESQUIRE FLORIDA BAR NO: 347949 329 IN THE ELEVENTII JUDICIAL CIRCUIT OF FLORIDA IN AND FOR MIAMI-DADE COUNTY, FLORIDA APPELLATE DIVISION CASE NO. 11-466 AP LOWER CASE NO.: BOA File No. 3486 BEACH TOWING SERVICES OF MIAMI, INC., Petitioner, v. CITY OF MIAMI BEACH~ and 1747 BAY ROAD PROPERTIES, LLC, Respondents. STIPULATION OF DISMISSAL WITH PREJUDICE Petitioner, BEACH TOWING SERVICES OF MIAMI, lNC., ("BT''), and Respondents, CITY OF MIAMI BEACH("City"), and 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. LEVINE & PARTNERS, P .A. ATTORNEYS FOR PETITIONER lllO.BRICKELL A VENUE SUITE700 MIAMI, FLORIDA 33131 (305) 372-1350 9~·------------------SUZAN JACOBS, ESQUIRE FLORIDA BAR NO: 380008 AKERMAN SENTERFITI ATTORNEYS FOR RESPONDENT, 1747 ONE SOUTHEAST THIRD A VENUE 25m FLOOR MIAMI, FLORIDA 33131 (305)374-5600 BY:. __________________ _ NEISEN KASDIN, ESQUIRE FLORIDA BAR NO: 302783 330 Frances, From: Sent: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Friday, July 27, 2012 2:21 PM To: Brooks, Kathie Cc: Walker, Patricia; Frances, Saul; Gomez, Jorge; 'Russell Galbut' Notice of Proposed Property Taxes 2004-2003 vs. 2011-2010 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. is an increase of 53%. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael Andrade, 1111 Lincoln Road, Suite 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw.con1 www.randr;;;d~lf!YY:,~Qm NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not const1ue anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 1 331 Roprin! of !iOUO: 02-.H33-012-IJ680 2719 NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON-AD VAlOREM ASSESSMENTS MIAMI-DADE COUNTY TAXING AUTHORITIES FOLIO: 02-3233-012-0680 MILLAGE CODE: 021!0 VINCENT J & BARBARA A F~:STA TRS 8660-4 VILLA LA JOLLA DR PROI'ERTY~AilDRESS: 1349 I) A I)E BINI) U:GAL llf:SCRIJ'TION: l.A JOJ,LA, CA 92037 ISLAND VIICW SUB I'll (ci !5 LOTS 1!&12 DLK16A LOT S!ZI', 179.16 SQI JAIU: FEET 2,797,031 15,!80,89 Ubrary 2,797,031 794,36 2,796,950 l'UBLIC SCHOOLS: By State Law 2,797,031 15,708,1J 2)79(,.~,50 By Loc~l llm:nd 2,797,0:11 6~287.73 2)7 1)(),950 MUNICIPAL: Miami Beach 2,797,031 17j.l84.9.5 2,7%,950 WATER VIANAG~:\1ENT: SFWMDistdd 2,797,1131 1,495.29 2,796,950 0.5451 Ever~lad"' CP 2,797,031 250,05 2,796,950 0,0910 INUEl'ENillcNT 1liSTRJCT: F.LNJ>. 2,797,031 96,50 2,796,950 Children1s Trust 2,797,031 1,39352 2,796,950 VOTER APPROVED 1liCIJ'f PAYME:>!TS: County Debt 2,797,031 1,244,68 School J)ebt 2~797~031 1,076,86 City Debt 2,797,0:11 802.75 TOTAl AD VALOREM PROPERTY TAXES 9107, 6:00 I'M, SCl!OOJ. BOAlUl AlllliTORHIM, 1450 NE 2 AVE, MIAMI, (305) 995-1226 9/14, 5:01 I'M, COMMISSION CHAMBERS, l7JKI CONV!:NTI0:-1 CE:-nER DR, 3 FL, (305) 67~ 7510 9108,5:15 PM, SFWMIJ AlllllTORHIM, 3301 G!IN CU:B RD, IJ-.1 BtnG, WI'B, FL, (561) 686-8800 9/16, 6:JHI PM, DELRAY BEACH COMMISSION CHAMBERS, 100 NW l AVE, (56!) 627-3386 9112,5:01 I'M, MDC WOLFSON CAMP\JS, JOO Nli: 2 AVE, BI .. DG 3, MIA~H, (Jll5)571-5700 SE OF ASSESSMENT A DO NOT PAY THIS IS IIIOT A BILL 156311 AI 13,439,34 502,05 !5,923.11-1 5,795,28 17,3R4.44 1,045.78 17453 96.49 1,398.48 797.!:1 APPLIES TO 2010 EXEMPTION AMOUNT 2011 EXEMPTION AMOUNT SEE REVERSE SIDE FOR EXPlANATIONS OF THE COlUMNS ABOIIE 332 MIAMI-DADE OEPARiMENT OF PROPERTY APPRAISA~ 19 16!'101 A NOTICE OF PROPOSED PROPERT'f TAXES 111 NW 1 STREET SU!T£ 710 ·'MIAMI. FI...ORIDA 33128-19134 · 06 R/E FOLIO: 02-3233-012-0690 MILLAG~ CODE; oaoo VINCENT J & 9ARBARA A FESTA TRS El6SO • 4 VI LLA LA JOLLA DR LA JOLLA CA 92037 Put> I I c Schoo I s: By State l..aw By 1-oc.,.J Board llilaml !leach W~ter Management tllstrlct Evsrglad"~ CP • I hc~epenaent _special Dlstri~~~· .;'F. I .N.D. .' Chi I dren' ~ Trust llot.er Appr<:>vo:o<;l• •D.,.bt Payments County .501'1001 Miami Be.,c;h 90!16.41 787!1.66 644.40 107.94 41.56 539.70 307.63 73B.Hi 843.40 8346.46 4039.!51 11366.93 5!1.94 680.03 436.31 913.95 1141;>,11 AND PROP"OS!.D OR AJ)OPTI;l.D NON-AD VALOREM ASS;li':SSMENTS DON()TPAY THIS IS N()'l A BILL The tliiXil!E 'ut!mri~~ wbi~ll. )•vy prt;~petty lllX<ll! agaiMt your property will aoonlwM l'llbllf .He.orlllp m adopt bu.d!l"'s aM lll>t mm Qlf lilt·'*! ytat. 'Till: pwp~m~u(ll!ovo lubll~ ll•~ U hi l'<lll"\ve Oj>ltll~ hm tbt ~~ ptlblw a~<l to m-qllllulml!l an tbtpro,!'<lll><l t.1l ct!mj;!l an<! blldl),t!l'rlcrT4T~ IIJnalAtlio~t llal)J\ lall:i11$ 11\rilxn:il¥ mll)' A1lll:!nd « Alll!l' Its propooals at llle bearing. ISLAND VIEW SUB PB 6-1i5 LOTS 11 & 12 BLK 18 A ~QT SIZ~ 17938 SQUARE F~~T ,Prop~rty Addr' 1349 DADE BlVD 7834.38 3615.22 9686.10 ll24.B5 13'7.93 436.31 91~.96 11"15. 11 9/07, fi: 01 PM, ~ j SS I ON CHAMBERS 111 NW 1. ST, MIAMI, FL (7'il6) :,131-6321 9/0B, 5~01 PM, SCHOOL BOARD AUDITORIUM 1450 NE 2 AV~. MIAMI, FL (305) 995-1226 9/09, 5:01 PM, COMMISSION CHAMBERS 1'700 CONV~NTJON CTR OR (305) 673-7510 9/07. 5;1p PM. ~ DIST AUDITORIUM 330i QVN CLUB RD, WPB (561) 696-8900 9/08, 6:30PM. FO:!..I-SMERE. FL 9/13, 6·~01 ?M, 1450 NE 1:! AVF., c I TV HALL. 21 S. CYPRESS S: ) (5&1) 627-33ae I SCHOOL BOARD AUDITORIUM MIAMI. FL (306) 571-5700 REFER TO COUNTY PUBLIC HEARING ABOVE. REFER TO PUBLIC SCHOOL H~ARING ABOVE< REFER TO MIAMI BEACH HEARING ABOVE. • S~E REVERSE SIDE FOR ~XPLANATIONS, Taxable Value 1070402 1530899 Sr. Taxable 0 Total (11m IUl\0\.Ul.t is 11lclud<Xi in Tots.)j'ropmy TM!!$ above) lfyo~ ~lll:le ll'a.ti<llil l'll!lle of yam property is il1ll11111!!11-le or OQ~~ ogt r•£1..,1 fair market value, cr if you are emitlcd to snel<<mptiQTI !hat is llllt refl~~t.;d allow, ~t.a.ot yQut caunty pmpooy appraloor at: (305} 375-4021 111 NW 1 ~~ET GTH F~OR {2;20 AM TO 4:30 PM) lf th•ll"'''•ey •IIF"i>•r'' ~Ill ooab!e ttl r*lYe th¢ llllltttt ~ «:; !'tlW!!ll vall><> or an exe!llllllotl, you may file a. petition fur adju:;tmolll: wltm th~ va1110 Adjustmem Board; ~,~t!ltlonfo!lllll&JeaVI!il.llblllfl?mtbt"!ffi!ltypropol'!ya~trlln<lnmatMfudoo ~· ~~f~rc; SEPT. 2.0. 20D4 Your flne.lta.x bill may oorr!sin non-o.d valorem •-SI'Ille1lta wltlc'll lllllY l1llt b~ l'l'flec\W Qll tlli&11.otic' ~oh 2$ "'!'<soments for roadB, drainage, gaibsgc, l'ir~, tighling, wat..,, •ewe>', or olher governmental scorvio•• .,d iiu;l!ltiC!l wlllch tw~.y bt ltivled byyom county, ~icy, o~ ~ny ;~ooi•l di$tr)ot. 333 Frances, Saul From: Sent: To: Cc: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Friday, July 27, 2012 10 29 AM Brooks, Kathie; Walker, Patricia Gomez, Jorge; Frances, Saul; 'Russell Galbut' HI Subject: U.S. Energy Information Administration: Miami, FL All Grades All Formulations Retail Gasoline Prices Attachments: EMM_EPMO_PTE_ YMIA_DPGa.xls Dear Ms. Brooks: Attached, please find the 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 data from the U.S. Energy Information Administration for Weekly Miami, FL Grades All Formulations Retail Gasoline for the week of 07/23/12 $3.704 Dollars per Gallon. I hope this information is helpful. I am also trying to obtain my clients Property Tax data from 2004 to 2011. Regards, Ralph Rafael E. Andrade, Esquire Law Offices of Rafael Andrade, 1111 Lincoln Road, 400 Miami Beach, Florida 33139 T 305.531.9511 F 305.673.5734 c 305.216.2028 ralph@randradelaw .com www.randradelaw.com NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(~) to whom it is addressed. If you belie\'e )'0\1 received this e-mail in error, please notit)' the sender immediately, delete the e-mail frum your computer and do not copy or d.isclose it to anyone el<>c. If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it contains n StW<:ific statement to that effett and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you sh()Uld tnalntaln its contents in confidence in ordt!r to preserve: the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 1 334 Workbook Contents Click worksheet name or tab at bottom for data Worksheet Name Description Release Date: Next Release Date: Excel File Name: Available from Web Page: Source: For Help, Contact: Miami, FL All Grades All Formulations Retail Gasoline Prices (Dollars p 7/23/2012 7/30/2012 emm_epmO_pte_ymia_dpga.xls http:lltonto.eia.gov/dnavJpet!hist!LeafHandlecashx?tr'"PET&s=EMM Ef Energy Information Administration infoctr@eia.doe.gov (202) 586-8800 335 Back to Contents Source key Date 2003 2004 2005 2006 2007 2008 2009 2010 2011 Data 1: Miami, Fl All 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 3.696 336 HI IT Frances, Saul from: Rafael E. Andrade, Esq. [ralph@randradelaw.com] Sent: Friday, July 2012 8:42AM To: Brooks, Kathie; Walker, Patricia Cc: Gomez, Jorge; Frances, Saul; 'Russell Galbut' Attachments: Bureau of Labor Statistics Data: Miami Dade County, Florida -Motor Vehicle Towing ATT00072.pdf Dear Ms. Brooks: Attached, please find Bureau of Labor Statistics Dade for Miami-Dade County, Florida, for Motor Vehicle towing from 2004 to 2011. The increase 29%. Regards, Ralph Rafael Andrade, Esquire Law Offices 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 ralph@randradelaw.com www.randradelaw.com NOTICE: This e-mail is from a law firm, Law Offices of Rafael E. Andrade, P.A. ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. From: "Brooks, Kathie" <KathieBrooks@miamibeachfLgov> To: "&apos;Rafael E. Andrade, Esq.&apos;" <ralph@randradelaw.com>, "Walker, Patricia" <P;;~1ri!:1@Walke.r:@rni!:lmibeachfl,gov> Cc: "Gomez, Jorge" <JorgeGomez@miamibeachfl.gov>, "Frances, Saul" <SauiFrances@miamibeachfl.gov>, "&apos;Russell Galbut&apos;" <r:g;;~Jb.ut@CrescentHeig hts.com > Subject: Federal Minimum Wage: 2004 vs. 2012 Date: Thu, Jul 26, 2012 7:20pm That helps-but I was hoping for more specific information 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. Kathie G. Brooks Interim City Manager 1 337 1700 Convention Center Drive, Miami Beach, FL 33139 Tel: 305-673-7010 I Fax: 305-673-7782/ www.miamibeachfl.gov We are committed to providing excellent public service and safety to all who live, work and play in our vibrant, tropical, historic community. from: Rafael E. Andrade, Esq. [mailto:ralpb@nmdri1!diala~~rn] Sent: Thursday, July 26, 2012 5:28 PM To: Brooks, Kathie; Walker, Patricia Cc: Gomez, Saul; 'Russell Galbut' Sulbje1ct: Federal Minimum Wage: 2004 vs. 2012 Dear Ms. Brooks and Ms. Walker: The Federal Minimum Wage was $5.15 m 2004. The Federal Minimum Wage m 2012 is $7.25. This reflects approximately a 41% Is this the type supporting information that you are seeking? 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 wvv\v.randradelaw.~pm NOTICE: This e-mail is from a law finn, Law Offices of Rafael E. Andrade, P.A ("Firm"), and is intended solely for the use of the individual(s) to whom it is addressed. If you believe you received this e-mail in error, please notify the sender immediately, delete the e-mail from your computer and do not copy or disclose it to anyone else. If you are not an existing client of the Firm, do not const!Ue anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to the Firm in reply that you expect it to hold in confidence. If you properly received this e-mail as a client, co-counsel or retained expert of the Firm, you should maintain its contents in confidence in order to preserve the attorney-client or work product privilege that may be available to protect confidentiality. IRS CIRCULAR 230 Disclosure: Under U.S. Treasury regulations, we are required to inform you that any tax advice contained in this e-mail or any attachment hereto is not intended to be used, and cannot be used, to avoid penalties imposed under the Internal Revenue Code. 2 338 Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutputServlet 1 of2 A to Z Index I FAQs 1 About BlS 1 Contact Us SUbscri:Je to E-mai Updates Ill Follow us ) I What's New I Release Calendar I Site Map Search BLS.gov Home I Subject Areas Databases & Tools I Publications Economic Releases I Beta Databases, Tables & Calculators by Subject FONT SIZE: Change Output Options: From: 2004 To: 2011 C!) include graphs More Formatting Options .... Data extracted on: July 26, 2012 (11:53:58 PM) Quarterly Census of Employment and Wages Series Id: ENU12086505488410 Florida State: Area: Miaml-Dade County, Florida Industry: NAICS 488410 Motor vehicle towing OWner: Size: Type: rf Private All establishment sizes Average Annual Pay 26,000 ~ 24,000 c ;;:; "' "' ITl ~ 22.000 20,0001---,----,---.....,.---..,..----,,---.,.........---l 2004 2005 2006 2007 20013 2009 2010 2011 Download: ~ Year Annual TOOlS CAlCUlATORS HElP INFO Areas at a Glance Inflation Help & Tutorials Whars New Industries at a Glance Location Quotient FAQs Careers @ BLS Economic Releases Injury And Illness Glossary Find It! DOL 339 RESOURCES Inspector General (OIG) Budget and Performance No Fear Act .. Bureau of Labor Statistics Data http://data.bls.gov/pdq/SurveyOutput.~ervlet 2of2 Databases & Tables Abou!BLS Join our fv'ailing Lists Linking & Copyright Info USA.gov Benelits.gov Disability.gov fv'aps Contact Us Freedom of Information Ad I Privacy lit Security Statement I Disclaimers I Customer Survey I I11110rtent Web Site Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www.bls.gpv I Telephone: 1-202-691-5200 I TDD: 1-800-877-8339 I Contact Us 340 u. 1--m I >< w 341 CJ I- cc -I >< w 342 w 343 l- ea I >< w 344 EXHIBIT J AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE AND PARKING TOWING PERMITS (Dated February 8, 2012) * * * * 3. PERMIT FEE/MONTHLY BILLING Permittee shall pay to the City a monthly Permit fee, in the amount of $25.00 $30.00, effective as of March 1. 2012; $35.00 effective as of March 1, 2013; and $40.00, effective as of March 1. 2014, for each vehicle towed. The monthly Permit fee shall be reduced by twenty gercent (20°/o} gercent for each vehicle towed that receives a twenty (20%) percent discount pursuant to Section 22.L herein. The City shall bill Permittee by the 1Oth of each month for all tows occurring in the previous month. A late charge of $50.00, plus the greater of (i) eighteen percent (18%) interest per annum, or ii) the maximum rate allowable under Florida law, shall be assessed on all payments received after the 20th day of the billing month. Payments to the City shall be by check and remitted to the City of Miami Beach Finance Department (Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow." * * * * 5. STORAGE AREA/STORAGE FACILITY(IES) Permittee shall have available outside storage for a minimum of thirty-one (31) vehicles and no more than a maximum of one hundred (1 00) vehicles. Said storage area will be enclosed in accordance with applicable zoning requirements. At a minimum, Permittee shall surround the storage area with a chain-link fence or solid-wall type fence at least six (6') feet high. The storage area shall be sufficiently illuminated to reveal persons and vehicles at a distance of at least 150 feet during evening hours. Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping and dismantling of parts from vehicles in all storage areas. 1 345 Permittee shall provide a completely enclosed inside storage area (solid walls, roof, and access door) for at least five (5) vehicles. Said area will be secured against entry by unauthorized persons. All vehicle keys shall be secured separately. In the event Permittee's storage areas are filled to capacity, the Permittee shall not be relieved of its responsibility with regard to storage of vehicles pursuant to the Permit, and shall be required to make alternate arrangements for storage (as required to comply with the terms of the Permit). Any storage area proposed to be utilized by Permittee, which was not identified in its Permit application, must obtain the prior written approval of the City Manager or his designee prior to commencement of such use. Permittee's storage area must be located within the city limits of Miami Beach. Vehicles shall be stored for a minimum of one (1) seven (7) days, after which they may be removed to a storage area outside the city limits of Miami Beach, but within Miami- Dade County, Florida. Any vehicle with a "police hold," shall not be stored outside the city limits of Miami Beach. * * * * 11. EQUIPMENT * * * * E. TECHNOLOGICAL IMPROVEMENTS (1) Effective March 1. 2012, and by no later than the end of the first Permit year. or February 28, 2013, Permittee shall, at its sole cost and expense. have procured, installed. and implemented a GPS tracking system on all of its vehicles, in accordance with the following procedures: (a) Within thirty (30) days from the effective date of the Permit or by March 31, 2012. the City Manager or his authorized designee shall provide Permittee. in writing. with the City's minimum specifications and standards for the 2 346 proposed GPS tracking system, which specifications and standards shall be commercially reasonable inasmuch as the City will not prepare same with the intent of steering Permittee toward a particular vendor, product and/or brand. (b) Within sixty (60) days from the date of the City's minimum specifications and standards for the GPS tracking system, the City and Permittees shall meet to prepare a mutually agreed upon schedule for Permittee's selection. procurement installation, and implementation of the system on Permittee's vehicles. {c} The City shall have prior written approval. which approval shall not be unreasonably withheld, of (i) the vendor selected by Permittee, and (ii) the GPS tracking system to be purchased by Permittee from said vendor (Note: As to this latter right. the City's approval rights over the proposed system to be purchased shall be limited to confirming that the proposed GPS tracking system complies and meets with the City's specifications and standards for same). (d) Notwithstanding (a)-(c) above. Permittee shall have the approved GPS tracking S)!Stem installed and operational in all vehicles, and certify to the City, in writing, of its compliance with this requirement, no later than sixty (60) days prior to the end of the first Permit year (or by December 30, 2012). Non- compliance with this requirement shall be grounds for suspension or revocation of the Perm it {2) Effective March 1, 2012, and in addition to the requirement ln subsection 11.E(1) above. at any time following the end of the first Permit year. the City Commission may,, in its sole option and discretion~ review and~ following such review. require Permittee to implement the following additional technological improvements; one (1) each during the second and third Permit years, respectively: (a) Towing software (which includes a dispatch tracking system); and (b) In-vehicle cameras to monitor and record tows in real time. 3 347 12. EMPLOYEES OF PERMITTEE Permittee shall be solely responsible for selecting, training and employing (or otherwise retaining) such personnel as is necessary for Permittee to satisfy the requirements of the Permit and to satisfactorily perform the work and services required under the Permit. ~ Permittee shall perform driver's license screening on all employees with driving responsibilities and a copy of each employee's driver's license shall be kept on file by Permittee and made available upon request of the City Manager or his designee. ~ Permittee shall be reguired to provide all employ,ees with uniforms. which shall be subject to the prior written approval by, the City, Manager or his designee, c. Permitttee shall perform drug test screening on all employees and provide pass/fail results to the City Manager or his designee, upon reguest. Any and all employees and/or other individuals retained by Permittee, shall not, for any purposes, be considered to be employees of the City of Miami Beach, and Permittee shall be solely responsible for their supervision and daily direction and control. It is the intent of the City and Permittee, and Permittee acknowledges, that the Permittee is legally considered to be an independent contractor and that neither it, nor its officers, directors, employees, agents, contractors or servants, shall, under any circumstances, be considered officers, directors, employees, contractors, agents or servants of the City, and that the City shall at no time be legally responsible or liable for any negligent acts, errors, omissions, or misconduct on the part of Permittee, or any of its officers, directors, employees, contractors, agents or servants. Additionally, toward that end, Permittee agrees to have no markings on either vehicles, buildings, or correspondence that indicates or tends to indicate any official relationship between the Permittee and the City of Miami Beach. * * 4 348 22. MAXIMUM ALLOWABLE RATES The City Commission shall establish the maximum rates for towing, removal, and storage services provided under the Permit. The Permittee shall not charge in excess of the following maximum allowable rates established by the City (as same may be amended from time to time): A. The first eight (8) hours of storage shall be without charge. Thereafter the following storage rates shall apply per day: * * * * (2) Outside-Exterior * * * * (b) Any vehicle less than 20 feet in length and 8 feet in width * $25.00 $30.00. effective March 1. 2012 $36.00, effective March 1, 2014 * * * B. Tow Rate Class "A" Tow Truck and Class "A" Car Carrier, including: 1. First 30 minutes at scene $115.00$140.00. effective March 1. 2012 2. Unlocking door $150.00. effective March 1, 2013 3. Dropping/hooking up linkage $155.00, effective March 1. 2014 4. Wheel lift equipment 5. Use of Dolly * * * * H. Special and additional charges * * * * 5 349 2. Mileage charges (per mile): Maximum per tow: 3. Administrative fee: ~ $6.00, effective March 1, 2012 $7.00, effective March 1, 2014 $35.00 $42.00. effective March 1. 2012 $49.00, effective March 1, 2014 $30.00 $35.00 maximum per tow. effective March 1, 2012 $41.00 maximum per tow, effective March 1, 2013 $44.00 maximum per tow, effective March 1, 2014 4. Dollies or Flatbed Services (per job): 5. Labor to Engageffow: $35.00 $40.00, effective March 1, 2012 $47.00, effective March t 2013 $50.00, effective March 1. 2014 This is not an automatic fee and may only be imposed when access to enter the vehicle is required to properly engage/tow vehicle. 6. After Hours Fee: $25.00 $30.00. effective March 1 I 2012 $32.001 effective March 1 I 2013 $33.00, effective March 1, 2014 An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM and 8:00AM. $30.00 * * * * J. Indexing Provision: The City Manager or his authorized designee may initiate an administrative review of the Maximum Allowable Rates whenever the cumulative change in the 6 350 Consumer Price Index (CPI -All Urban consumers -US City average -All items - Base Period 1982-84 = 1 00) (CPI). b~tyy~E:}n the current CPI and the date of the CPI used to establish the last rat~c:.lc:JJ~~tment. is greater than five percent (5%). Upon reaching this threshold and. further. following a survey conducted by the City of maximum allowable towing rates for similar services in surrounding communities. and/or an analysis to review the current cost of providing such services. the City Manager or his authorized designees shall grepare a recommendation as to whether there should be an adjustment to the Maximum Allowable Rates; which recommendation shall be subject to final approval by the Mayor and City Commission. * * * * L. Miami Beach Resident Discount Effective March 1, 2012. Permittee shall reduce the total towing charges by twenty percent (20%) for any City of Miami Beach resident whose vehlcle has been towed. City residents shall be entitled to such discount two (2) times per Permit year (for every year during the Permit Term}. per resident, and per Permittee. This shall eguate to a maximum of four (4} annual discounts for a City resident during each Permit year during the Term. In order to be eligible for the City resident discount, residents must provide proof of residency within the City of Miami Beach, and their driver's license information must match the registration information of the vehicle being towed. The monthly Permit fee shall be reduced by twenty percent (20%) for each vehicle towed that receives a discount pursuant to this section. Permittee shall maintain a log documenting discounts given to City residents pursuant to this section, which log shall be available for inspection and copying by the City Manager or his authorized designee) upon reguest. * * * * 7 351 27. INSPECTIONS AND AUDITS Permittee agrees that all of its records, equipment, personnel, office and storage facilities will be subject to periodic inspection and audits by the City Manager or his authorized representative(s) and, in the case of inspection checks, without the need for prior notice to Permittee. Effective March 1, 2012, and notwithstanding the parties' acknowledgement of the City's existing rights to audit and inspect Permittee pursuant to this Section 27, the City Manager or his authorized designees (including, without limitation, the City's Chief Financial Officer and Internal Auditor) shall meet with Permittee to develog mutually agreed upon procedures. systems, and controls for the purpose of the City conducting financial audits concerning Permittee's operations pursuant to the Permit. In the event that the City and Permittee are not able to develop mutually agreed ugon procedures. systems, and controls for City audits of Permittee's operations within ninety (90) days from the commencement of the Permit Term (or by June 1, 2012), then the City Manager shall refer this matter to the Finance and Citywide Projects Committee for discussion including. without limitation. discussion of disputed issues. The Finance Committee shall review the procedures that have been developed. including any disputed items and issues. and may make a recommendation as to same and. additionally, may recommend that the matter be referred for review by the full City Commission. The City Commission's decision on the matter shall be final and binding upon all parties. F:\ATTO\AGUR\AGREEMENT\Towing Rules and Regs-Amendment No. 2 (1-31-12).docx 8 352 Bureau ofLabor Statistics Data Databases, Tables & Calculators by Subject From: ~.,;I z;;.;""' _ __, To: l~..,;z;;..o';...' -..1 0nclude graphs Data extracted on: November 4, 2012 (6:42:58 PM) Series Id: ENU1208650554111 State: Florida Area: Miami-Dade County, Florida Industry: NAICS 54111 Offices of lawyers Owner: Private Size: All establishment sizes Type: Average Annual Pay ill 90,00 [L "iii ::; c c o<l:: 1D 85,000 OJ ['!! I]) ~ 80,00 Download: · Year ' Annual 2.004 78431 2.005 2006 2007 2.008 80247 89119 89665 93303 2009 90964 2.1)10 89088 2011 i 91691 2004 2005 2006 !?% f' 2007 http://data.bls.gov/pdq/SurveyOutputServlet[ll/4/20 12 6:50:27 PM] 2008 Veer 2009 2010 353 FONT SIZE: More Formatting Options .... 2011 Bureau of Labor Statistics Data Databases, Tables & Calculators by Subject From: 1,_,_.004 _ __. To: ~..1 '-"'-' _ _. 0nclude graphs Data extracted on: November 4, 2012 (6:35:50 PM) Series Id: ENU12086505541211 State: Florida Area: Miami-Dade County, Florida Industry: NAICS 541211 Offices of certified public accountants Owner: Private Size: All establishment sizes Type: Average Annual Pay 75,00 ttr ~ 70,000 m :::J c c '<( ij 65,000 li:l < 2004 Download: Year Annual 2004 58955 2005 64206 2006: 67619 2007: 71345 2008 71864 2009 i 74145 2010 73306 20:U. 74644 2005 2006 r7.f' 2007 http://data.bls.gov/pdq/SurveyOutputServlet[ll/4/2012 6:46:26 PM] 2008 2009 Year 354 2010 l FONT SIZE: More Formatting OJJ'I::ions .... 2011 10/29/2012 01:01 0000000000 EXHIBIT M CITY OF MIAMI BEACH CERTIFICATE Of USE, ANNUAL FIRE FEE, AND BUSINESS TAX RECEIPT 1700 Convention Center Drive Miami Beach, Florida 33139-1819 RECEIPT NUMBER: Rl-88098263 / Beginning: 1010112012 TRADE NAME: BEACH TOWING SERVICES, INC. • IN CARE OF: MICHAEL FESTA ADDRESS: 1349 DADE BLVD MIAMI BEACH. Fl33139-1420 A penalty ia impoaad for failum to keep 1his Business Thx Receipt exhlbltad conspicuously at your f.)lflt:e of b~. A oortffleate of Use I Business 1llx Receipt ls$Ued under this article does not waive or supei'SQde other City laws. does not cons\itlfto City apptQVal of a particular bus!oesse~ and doe& oot exeu&e the licensee from all Oltwlt laws applicable to the /lcernJe:e'~> ousin~aa. This ReCeiPt may be tmnsferred: A. Within 30 days of a bOnafide sale, otherwise iii wmplete ann11a1 payment l!ii dve. 13. To another location within 11\e City if proper approvals and tl\e Receipt are obtllined prior to the opening of the new IOGation. Additional Information Storage Locations FROM: CITY OF MIAMI BEACH 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FL33139-1819 BEACH TOWING SERVICES, INC. 1349 DAJJE BLVD MIAMI BEACH, FL 33139-1420 lnll ... n ... ,u •• u, ld u•nll.lulul.m .... l .. ll Expires: 0913012013 Parcel No: 0232330120680 TRADE ADDRESS: 1349 DADE BLVD Code Certlficam of UseiOccupation 020100 TOW TRUCK. WRECKER 021100 WAREHOUSE 021400 WRECKER/TOWING SERVICE 021401 WRECKERIINMOBIUZATION SERVICE CATEOFUSE I# Of VEHICLES C_U #Or UNITS WarehOUml; FF Wtedter_Tow Sew FF W~e:r_lnmbl Serv FF City of M1ami Beach-Florida Finance Department 1 City Hall 1227221-1 09/28/2012 BRi T105 fSW 7 5500 y v y F;i Sep2812012 10;44AM Tr&ns#21-21 Name: BEACH TOWING SER¥1CES, INC. BEAC Addi: 1349 DADE BLVD MIAMI BEACH,FL 33 21 $2356,01 LIC -Ucense * Custol!ler #: 528032 Act1v1ty #: 00070886 1 ITEH(S): TOTAL: $2356.01 Check (00029794) PAID $2358.~ Have a n1ce day! PRESORTEO FIRST CLASS U.S. POSTAGE PAID MIAMI BEACH, FL PERMIT No 1525 355 ~· @ "' .~ ~· ··o ~ "' 0. " >< "' e. E ;;:. ·~ ru ' "l '" D. 2 ,_ 1- '" ., ;I -"' ~~ fol; ' .;: 1l 356 10/29/2012 01:01 0000000000 PAGE 08/09 :A cerliliCate of use and busines$ !icen5e i&sued under lilis artie~& ;CION not waive or~ other :c~ty ~ dtl"??:iiltOt~<r~ty ;appmwl of any p:il~f bus~ laOOvlty and~ not~~ t~te 1. ,!~from m1 ather la\ll3 , :appliCable to 1he llcemlee's ~-l CITY OF MIAMI BEACH .. LICENSE SECTION CERTIFICATE OF USE, ANNUAL FIRE FEE AND OCCUPATIONAL UCENSE REN~WAL NOTICE fail\ml w~ ;m ec.w~al Uoe~ of~~ SepWmber 30, 2004 is a violatioo of the City ofNililmi Bed C«<e Sidon 102. Altfcie v. ~may remttitt ~and eddilional penaltles.. F"""""~-m...,.•J<f~=-"'w,.....'llfi-!.leaWl.,.,~---t --·-·--. ~-------..,--.....,~;;;;;;:;;:;:m;:;;;;:;:~::==~=.---·- !lll'tt't'ON~. •.---i siuNG 11\fQUJRI.E$ pm.-.-·--.<~"'""""'"'"'"'•-·-.. "•m.o~H-'• ~ IIT,J.:-7-42.0 RI..860962G3 i 100 B1WNG I~UIRIES -~·--'""'-···~-·--·:·"""'''"".. (305) &73-72'14 BEACH TOWING SERVICE -~--~~-, ____ !, ... _,_ ___ ,. ~ ____ , __ A __ a ___ ,0 -----"--••"-''"'' -·- BEACH TOWING SERVICE 1349 DADE BLVD MIAMI BEACH. A.. J.,U ••• II •••• II*.II.I.I ..... II.I..I •• LIII •••• I •• ILI ..... UI 1 SU~MtA''I'tf.)N·i· -~~!Pm-'I ! ~Busii"'I\\SS 1ypr. COftP c.t. of U.: ~ i !AIIHamels rl~ orlndMd-. ot~ «~ed~ j 0600 ! MARK FESTA ! \ ,· ~ ' : V1IICEM" FerrA ; . 13411 DA~JE; HLW ·-~--~-....~R--~_1~--------~~--------------~~: ~1~ :~~ ~;!II --------~---------95021100 '.~6~'!:.--~~-.. -· ----~-----..~--l 95021<400 ...... ·-·--90021401 ~-~~-1¥1~--.. '-"-~tlt'~ ~~llle~l'lllll~-~ ... 'ld.all~ ~hi>tW.!'IIlllbooon~ ..... ~~-aill'lllll~fVn!talld ~~"'li!IA~--md~--~ ... ~ ~~~--:--:--. c:-----··----.. ~---··-·--·--··----·"i LMARKFESTA : OOm<r'lO Nomt . 624-7213 BEACH lOWING SERVICE 13491JADE 13t...VO MIAMI BEACH, Fl. 33139-1410 --o;;a;~-· !!34-2128 i l"to>nooll.-~---, 357 A. AIITGMII ~mustMndacurrwlwPYI>f. 1 SliaiB l.:iCIIII\IIIe. ! B. TO~'J'OIWti--a&daltl~~ .; .,.~-Ule~~ : ~ lttll$tbe ... 1 c. ~ll'l;llwsmr~to\llaMAJUtm ~-~by~t;JUtimlotm:t ~~ 7 i Twr T 1'\J(:k, Wrtlc:iker 1: WarehOUM 1 . Wm:kerll"owlng &lf\lice 1: Wll!ldl:~n $1,100.00~ $2!il9.00 $173.00 $173.00 :. ,,<> THIS PAGE INTENTIONALLY LEFT BLANK 358