R7D1-Alternate Reso-Admin Rules And Regs For Police-Parking Towing Permits -WR7 -Resolutions
R7D1 Alternate Resolution And Administrative Rules And Regulations For Police And
Parking Towing Permits.
(Requested by Commissioner Jonah Wolfson)
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Agenda Item R 1 b /
Date /1-llf-1~
NO. ______ _
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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
WHEREAS, in the City Commission Memorandum for ~enda Item R7P dated October
24, 2012, the City Administration 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, Item No. 7 pertains to the to the Permittees' request for an increase in
certain Maximum Allowable Rates, and in support thereof, Permittees' have cited increases in
the Consumer Price Index and operational costs since the last time the Maximum Allowable
Rates were adjusted in 2004, and
WHEREAS, the City Administration is unable to make a recommendation as to Item No.
7 based upon the lack of data specific to Permittees' request; and
WHEREAS, upon the City Commission's approval of Item Nos. 1-7 above, the City
Administration will incorporate the approved Items into Amendment No. 2 to the Rules and
Regulations; all as more particular! set forth in Amendment No. 2 to the Administrative Rules
~atians or a tee and ng Tow:ng Permits, attached and incorporated as
"A~ hereto. '
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, 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, attached and incorporated as Exhibit "8" hereto.
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PASSED AND ADOPTED this ____ day of _____ __. 2012
MAYOR
ATTEST:
CITY CLERK
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AMENDMENT NO.2 TO THE ADMINISTRATIVE RULES AND REGULATIONS FOR THE
POLICE AND PARKING TOWING PERMITS
(Dated November 14, 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 December 1. 2012: $35.00 effective as of December 1. 2013: ang $40.00.
effective as of December 1. 2014. for each vehicle towed. The monthly Permit fee shall be
reduced by twenty percent (20%) percent for each vehicle towed that receives a twenty (20%)
percent discount pursuant to Section 22.L herein.
The City shall bill Permittee by the 10th 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 (100) 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.
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.
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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 December 1, 2012, and by no later than the end of the first Permit year,
or December 31, 2013, Permittee shall, at its sole cost and expense, have procured, installed,
and implemented a GPS tracking system on all of its vehicles that provide towing services to the
City pursuant to the Permit. which will be accessible to the City for monitoring purposes only, in
accordance with the following procedures:
(a) Within thirty (30) days from the effective date of the Permit or by
December 31. 2012. the City Manager or his authorized designee shall provide Permittee. in
writing) with the City's minimum specifications and standards for the proposed GPS tracking
system, which specifications and standards shall be commercially reasonable inasmuch as the
Citv will not prepare same with the intent of steering Permittee toward a particular vendor,
product and/or brand.
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(b) Within sixty (60) days from the date of Permittee's receipt of the Cit~'s
minimum specifications and standards for the GPS tracking system. the City and Permittee shall
meet to prepare a mutually agreed upon schedule for Permittee's selection. procurement
installation. and implementation of the system on Permittee's vehicles that provide towing
services to the City pursuant to the Permit.
(c) The City shall have prior written approval. which approval shall not be
unreasonably withheld, of lil the vendor selected by Permittee, and (ii) the GPS tracking system
to be purchased bv 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 minimum specifications and
standards for same).
(d) Notwithstanding (a)-(c) above. Permittee shall have the approved GPS
tracking system installed and operational in all vehicles that provide towing services to the City
pursuant to the Permit, 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 October 1, 2013).
Non-compliance with this requirement may be grounds for suspension or revocation of the
Permit.
(e) Notwithstanding anything to the contrary contained herein, the City
specifically acknowledges and agrees that Permittee may deactivate the GPS tracking system
on any vehicle that is not in the process of providing towing services to the City pursuant to the
Permit provided, however, that Permittee shall maintain the GPS tracking system active at all
times on no less than two of its vehicles and/or on the number of vehicles sufficient to respond
to the Citv's requests for tows within (20) minutes of receipt of the request
(2) Effective December 1, 2012, and in addition to the requirement in subsection 11 £(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:
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(a) Towing software (which includes a dispatch tracking system); and.
(b) In-vehicle cameras to monitor and record tows in real time.
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.
b. Permittee shall be required to provide all employees with uniforms, which shall
be subject to the orior 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 request.
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.
* * * *
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):
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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 December 1. 2012
$36.00. effective December 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 December 1, 2012
2. Unlocking door $150.00. effective December 1. 2013
3. Dropping/hooking up linkage $155.00. effective December 1. 2014
4. Wheel lift equipment
5. Use of Dolly
* * * *
H. Special and additional charges
2. Mileage charges:
3. Administrative fee:
* * * *
$§.,.00 $6.00 per mile. maximum of $42
per tow. effective December 1. 2012
$7.00 per mile. maximum of $49
per tow. effective December 1. 2014
$30.00 $35.00 maximum per tow. effective December 1. 2012
$41.00 maximum per tow. effective December 1, 2013
$44.00 maximum per tow, effective December 1. 2014
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4. Dollies or Flatbed Services (per job):
5. Labor to Engage/Tow:
~ $40.00, effective December 1, 2012
$47.00, effective December 1. 2013
$50.00, effective December 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 December 1, 2012
$32.00, effective December 1, 2013
$33.00, effective December 1, 2014
An After Hours Fee may be assessed for tows retrieved between the hours of 8:00 PM
and 8:00AM: $30.00
* * * *
L. 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 Consumer Price Index (CPI
-All Urban consumers-US City average-All items-Base Period 1982-84 = 100) (CPI},
between the current CPI and the date of the CPI used to establish the last rate adjustment. is
greater than five percent {5%1. 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 Citv
Manager or his authorized designees shall prepare a recommendation as to whether there
should be an adjustment to the Maximum Allowable Rates; which recommendation shall be
subiecl to final aQproval by the Mayor and Citv Commission.
* * * *
M. Miami Beach Resident Discount
Effective December 1, 2012, Permittee shall reduce 1he total towing charges by twenty
percent (20°/o) for any City of Miami Beach resident whose vehicle has been towed. City
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residents shall be entitled to such discount two (2) times per Permit year (for every year during
the Pe!l'l1it Term). per resident, and Qer Permittee. This shall equate to a maximum of four (4}
annual discounts for a City resident during e£!Ch Permit year during the Tell'l1. In order to be
eligible for the City resident discount residents must provide proof of residency within the Cit;t 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. Pennlttee 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
request.
* * * *
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 December 1, 2012. and notwithstanding the parties' ~cknowledgement of the
City's exisiing 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 develop mutually agreed upon
procedures, systems. and controls for the purpose of the Citv conducting financial audits
concerning Permittee's operations pursuant to the Permit
In the event that the City and Pennittee are not able to develop mutually agreed upon
procedures, systems, and controls for City audits of Permittee's operations within ninety (90)
days from the commencement of the Permit Term {or bv March 1, 2013). 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 proposed, including any disQuted 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.
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