CMB Police Department and Parking Department Towing Permit Revised as of October 1, 2025 Issued to Beach Towing Services, Inc. 2-d 2.2_ 3Z,ZC�co
GITY OF MIAMI BEACM
POLICE DEPARTMENT AND PARKNG QEPARTMENT
TOWING PERMIT
REVISED WlTH UPDATED RATES/FEES (GPI�AS �F OCTOBER 9, 2025
PERMIT ISSUED Tq:
BEACH TOWING SERVICES, INC.
PERMITTEE'S REPRESENTATIVESITiTLE:
MICHAEL A. FESTA, PRESIQENT
PERMITTEE'S ADDRESS:
1349 DADE BOULEVARD, MIAMi BEACH, FL, 33139
PERMIT TERM:
THE INITIAL TERM OF THIS TOWING PERMIT COMMENCED ON AUGUST 1, 2022 AND
WAS SET TO TERMINATE ON JULY 31, 2025, HOWEVER, AS OF AUGUST 1, 2025, THiS
TOWING PERMIT I5 ON A MONThi-TO-MONTN EXTENSION FOR A PERIOD NOT TO
EXCEED SIX (6) MONTHS.
ALL REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE ADMINISTRATIVE
RULES AND REGULATIONS FUR POLICE Tt?WING PERMIT ARE NEREBY IN FQRCE ANQ
EFFECT AS OF AUGUST 1, 2022 AND INCC}RPORATED BY REFEREN�E HEREIN. PERMITTEE,
AS EVIDENCED BY ITS EXECUTION OF THIS PERM{T BELOW, HEREBY AGREES TO COMPLY
WITH AL� TERMS AND CQNDITIONS SET FORTH IN THE ADMINISTRATIVE RULES AND
REGULATIONS FOR POLICE TOWING PERMIT, AS SAME MAY BE AMENDED FROM TIME T(�
TIME DURlNG THE PERMIT TERM.
IN WITNESS WHEREOF, THE CITY HAS CAUSED THIS PERMIT TO BE SIGNED BY ITS MAYOR
AND CITY CLERK, AND THE PERMITTEE HAS CAUSED THIS PERMIT TO BE SIGNED IN ITS
NAME, BY ITS D Y AUTHORIZED REPRESENTATIVE.
PERMITTEE: CI .
.
� _____�..___._.� _ _.
MICHAEL A. ; A, PRESIDENT STEVEN MEINER, MAYOR
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ATTEST: �� ATTEST•
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SE R TAR RAFAEL E. GRANADO, CITY CLERK
�(��S �-� APPROVED AS TO
PRINT NAME FORM & LANGUAGE
-ti�i e���,, FQR EXECUTION
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OCT 1 0 2025 _-�::� .. y,,' �1������ � �
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CITY OF MIAMI BEACH
AQMINISTRATIVE RULES AND REGULATIONS
FUR
POLICE AND PARKING TOWING PERMITS
REVISED AS OF OCTOBER 1 , 2U25 �CPI�
CITY OF MIAMI BEACH ADMlNISTRATIVE RULES AND REGULATIONS FOR
PULICE AND PARKING TOWING PERMiTS
Introduction
Pursuant to Chapter 106, Article V, Division 2, Section 106-212 of the Code of
the City of Miami Beach, Florida ("City Code"), and subject to City Cammission
approval, the City Manager shall promulgate rules and regulations as may be necessary
to govern the discharge of towing and/or starage of vehicles identified by the City af
Miami Beach Police Depa�tment (hereinafter, "MBPD" or the "Palice Department"} or
City of Miami Beach Parking Department ("Parking Department") as requiring removal
from the public right of ways. Each applicant awarded a permit by the City Commission
to tow and/or store vehicles from the public right of ways, in accordance with Chapter
106, Article V, Division 2, Sectians 106-211 thraugh 106-222 of the City Code, shall
comply at all times with the rules and regulations hereinafter set forth, and as same r�ay
be amended from time to time (the "Administrative Rufes and Regulations"}. An
applicant awarded a permit to tow and/or store vehicles (hereinafter, the "Permit")
pursuant to the aforestated City Code section shall hereinafter be referred ta as a
"Permittee.° However, the total number of permits granted under Chapter 106, Article V,
Division 2, Section 106-213 of the City Code shall not exceed two.
1. QUALIFICATIONS OF APPLiCANT
Prior to the issuance of a Permit, pursuant to Chapter 106, Article V of the City
Code, an applicant shall be required ta evidence, to the reasonable satisfaction of the
City Manager or designee, that it has the necessary facilities, equipment, skills,
personnel, and financial responsibility to furnish the work and services required under
the Permit. An applicant shall be required to evidence a record of satisfactary past
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' performance and, in support thereof, may be required to submit references and provide
' such other documentation, as requested by the City Manager. Failure to qualify with any
or all of the following requirements shall be sufficient justification for the City Manager to
reject an application for a Permit (including rejection for renewal of a Permit).
2. COMPETENCY QF APP�ICANTS
Permit applications shall only be considered from firms with proven experience
in a towing business which has an established and satisfactory record of performance,
and has available the required equipment, facilities, s�orage space, and personnel
sufficient to ensure that the business can satisfactorily execute the work/services
required.
An applicant must identify a facility which serves as its base af operations, and a
storage facility located within the limits of the City of Miami Beach ("City"), where
vehicles towed or impounded pursuant to the Permit shall be stored for the first 48
hours after being towed or impounded. The City Manager or designee reserves the right
to inspect an applicanYs existing or proposed equipment, facilities, and storage facility
fallowing submissian of a Permit application.
Applicants must have all necessary licenses and permits, as required to operate
and provide the required work/services including, without limitation, a business tax
receipt issued by the City and any and all other applicable licenses and permits required
by the City, Miami-Dade County, and the State of Florida.
By submission of an application, the applicant shall declare, represent and certify
to the City that the only person or persans interested in the Permit is/are the principal or
principals named therein; that no person or persons (other than therein mentioned)
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has/have any interest in the Permit; that fh� Permit is issued by the City without
connection to any person(s}, company(ies) or party(ies) making the application; and that
it is in all respects fair, in good faith, and withaut callusion or fraud.
By the City Commissian's award of the Permit, and acceptance of the Permit by
Permittee, Permittee thereby represents and warrants to the City that Permittee has
made itself familiar with all applicable Federal, State, Miami-Dade County, and City
laws, ordinances, and rules and regulatians that may, in any way, affect andlor apply to
the wark/services to be provided (and Permittee shall continue to make itself aware and
familiar with any subsequent updates in any such laws). Ignorance of the law on the
part of the Permittee will in no way relieve Permittee from any responsibility and/or
liability under the Permit.
3. PERMIT FEEIMUNTHLY B[LLING
Pursuant to Section 323.002, Florida Statutes, in addition to the rnaximum
allowable rates that may be charged by the Permittee under S�ction 22 herein, the City
shall charge a Permit Fee of $32.00 an the registered owner or other legally autharized
persan in control of the vehicle (or vessel) that is towed ("Permit Fee"). The City hereby
appoints Permittee as its agent to impose and collect the Permit Fee on behalf of the
City. Permittee shall remit ta the City any Permit Fee collected by the 20th of each
month, far all Permit Fees collected during the previous month. The Permit Fee shall not
be charged on residents that qualify Miami Beach Resident Rate pursuant fo Sectian 22
herein.
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Payments to the� City shall be made by check ar credit card. Payments made by
check shall be remitted ta the City af Miami Beach Finance Department (Revenue
Sectian). Checks shaii be clearly marked "Palice Tow" or"Parking Department Tow."
4. INDEMhIIF1CATIUNIHOLD HARMLESS AND INSURANCE REQUIREMENTS
Permiftee shall be respansible for any worklservices, and every part thereaf, undertaken
pursuant to the P�rmit. Far purposes of this Section 4, the term "Permittee" shall
include, without limitation, all Permittee's officers, directars, emplayees, agents,
contractors, and cansultants, as well as any facilities, equipment, and property, of every
description, used in cannection with the performance of the work/services required
under the Permit. As further consideration for the City's issuance of the Permit,
Permittee expressly assumes all risks of damage or injury to property ar persons used
or employed by or used or retained by Permittee in connection with the work/services
under the Permit, and of all injury or damage to any person ar property, wherever
lacated, resulting from any action or operation under the Permit, or in connection with
the work/services thereunder.
As separate and additional cansideration for the City's issuance of the Permit,
Permittee shall indemnify, hold harmless and defend (with caunsel approved by the City
Attorney) the City of Miami Beach, Florida, its afficers, emplayees, agents, contractors,
and cansultants, from and against any and all claims, liabilities, demands, causes of
action, costs and expenses (including reasonable attarneys' fees at trial and all levels of
appeal) of whatsoever kind or nature arising out of any error, omission, negligent act or
willful misconduct of Permittee, its officers, directors, employees, agents, contractors,
and consultants ("�Claims"), wheth�r directly or indirectly, fram the pravision of
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wark/services under the Permit; pravided, however, that there is expressly excluded
from the foregoing obiigations any Gaims to th� extent resulting from the grass
negligence or willful misconduct af the City. The indemnificatian provisions of this
Section 4 shall sunrive expiration or revocation of the Permit.
In addition to, and separate from, Permittee's obligation to indemnify and hold the
City harmless (as set forth in the preceding paragraphs), Permittee shall rnaintain the
following insurancs eoverage in full force and effect at all times throughout the Permit
term. The maintenance of praper insurance coverage is � material element af the
Permit and failure ta maintain or renew coverage may be treated as a material breach of
the Permit, which could result in suspension or revacatian af the Permit in accordance
with Section 106-220 of the City Code.
A. Warker's Campensation Insurance for all employees of the Pem�ittes as
required by Florida Statute 440, and Employer Liability Insurance for bodily injury
or disease. Should the Permittee be exempt from this Statute, the Permittee and
each employee shall hold the City harrnless from any injury incurred during
performance af the Permit. The exempt Permittee shall also submit (i} a written
statement detailing the number of employees and that they are not required to
carry Workers' Compensation Insurance and do not anticipate hiring any
additianal employees during the term af this Permit or (ii) a copy af a Certificate
of Exemption.
B. Garage Keepers Legal Liability Insurance on an occurrence basis,
including products and completed operations, contractual liability, property
damage, badily injury and personal & advertising injury for vehicles while in the
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Permittee's care, custody and control with limits no less than $1,000,000 per
occurrence, and $2,000,000 general aggregate.
C. Automobile Liability Insurance cavering any automobile, if Perrnittee has
no owned automobiles, then caverage for hired and non-owned automobiles,
with limit no less than $1,Q00,000 combined per accident fnr bodily injury and
prope�ty damage.
Additional Insured - City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Prafessional Liability and
Workers' Campensation} arising out of wark or operations performed on behalf of the
Permittee including materials, parts, or equipment furnished in connection with such
work ar operations and automobiles owned, leased, hired or borrawed in the form of an
endorsement ta the Permittee's insurance.
Notice r�f Cancellation - Each insurance palicy required above shall provide that
caverage shall nat be cancelled, except wifih notice ta the City of Miami Beach c/o
EXIGIS Insurance Compliance Services.
Waiver of Subrogation — Permittee agrees to abtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
pravision applies regardless of whether the City has received a waiver of subrogation
endorsement from the insurer.
Acceptability af Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VI! or higher. Ef not rated, exceptions may be made for mernbers of the
Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may alsa be considered if
they are licensed and authoriZed to do insurance business in the State of Florida.
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Verificatian af Coverag� -- Permittee shall furnish the City with originaf certificates and
amendatary endorsements, or capies of the applicable insurance language, effecting
coverage required by this contract. AH certificates and endorsements are to be received
and approved by the City prior to commencement af the Permit term, and/or prior to
commencement of any wark and/or work/services under the Permit (whichever is
earlier). However, failure to obtain the required documents prior to commencement of
the Permit term, work and/or services as described above shall nof waive the
Permittee's abligation ta provide them. The City reserves the right ta require complete,
certified copies of all required insurance policies, including endorsements, required by
these specifications, at any time.
CERTlFICATE NOLDER MUST READ:
CITY OF MIAMI BEACH
c/a EXIGIS Insurance CompEiance Services
P.O. Box 4668 -- ECM #35050
New York, IVY 10163-4668
Kindly submit all certificates af insurance, endorsements, exemption letters ta our
servicing agent, EXIGIS, at: Certificates�miamik�each_�riskworksµc�rr�
Speciai Risks or Circumstances - The City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, or other special circumstances.
Compliance with the foregaing requirements shall nat relieve the Permittee of
his/her liability and obligation under this section or under any other section of this
agreernent.
It is understaod and agreed that all policies af insurance required hereunder
shall be primary to any insurance or self-insurance of the City.
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' Permittee will also be solefy responsible for securing and maintaining palicies for
any and all of its subcontractors, to the extent and in accordance with the same
insurance requirements as applies to Permittee pursuant to this Section 4.
Notwithstanding compliance by Permittee and its subcontractors with the
insurance requirements in this Section 4, Permittee shall be ultimately responsible and
liable for any negligent acts, errors or omissions, or willful misconduct, of its
subcontractor(s) {and af persons employed by such subcantractor(s}), to the extent that
Permittee would be responsible (for the negligent acts, errors and amissions, or willful
misconduct of persans employed and/or retained by Permittee) under the requirements
of this Section 4.
Should Permittee fail to provide praof af coverage for any insurance required in
this Section 4, within seven (7) days of receipt of written notice from the City Manager or
designee, the City reserves the right, upon written notice to Permittee, to suspend or
revoke the Permit, in accordance with Section 106-220 of the City Code, without liability
to the City.
5. AUTHQRIZED STORAGE FACILITIES AND ON PREIVIISES UFFICE
Permittee must have an authorized storage facility within the limits of the City, of
which 31 spaces shall only be used by Permittee to store vehicles towed or impounded
pursuant to the Permit. Vehicles must be stored at Permittee's authorized storage
facility far a minimum of 48 hours, after which they may be moved to a storage facility
outside the limits af the City, but within Miami-Dade County, Florida.
Permittee shall not store any vehicle with a "poliee hald" placed on it by the
Police D�partment autside the limits of the City.
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A. Authorized Storage Facilities
Permittee's authorized storage facility shall have available outside storage for a
minimum of thirty-one (31) vehicles, but no more than a maximum of one hundred (100)
vehicles. Said authorized storage facility will be enclosed in accardance with applicable
City zoning requiraments. At a minimum, Permittee shall surround the authorized
storage facility with a chain-link fence ar solid-wall type fence at least six (6') feet high.
The authorized storage facility shall be sufficiently illuminated to reveal persons and
vehicles at a distance of at least 154 feet during evening hours. Permittee shall use
such security measures as it deems necessary, to prevent theft, vandalism, stripping,
and dismantling of parts from stored vehicles.
Permittee's authorized starage facility shall provide a campleteiy enclosed
(interior) starage area (solid walls, roof, and access door), which must accommodate a
minimum af five (5) automobiles. The enclosed (interiar) storage area shall be
apprapriately and adequately secured against entry by unauthori�ed persons.
In the event Permittee's authorized starage facility is filled to capacity, the
Permittee shall notify the Police Department and Parking Department, and,
not�nrithstanding Sectian 106-218 of the City Cade and 5ection 13 herein, such
departments shall have the aption, at their sole discretion, to use the services of anather
Permittee until such time as Permittee notifies the departments that its authorized
storage facility is no longer fiiled ta capacity. Permittee, at its sole cost and
responsibility, shall be required to make arrangements for storage, as required to
comply with the terms of the Permit. Any storage facility propased to be utilized by
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Permittee (not identified in the Permit) must obtain the prior written approval of the City
Manager or designee prior to commencement of such use.
Permittee may not charge an additional tawing fee for remaval of a vehicle for
s�arage outside the limits af the City. An owner (or other authorized individual) claiming
a vehicle stored outside ff�e limits of the City shall be given the option, without charge,
of either free transpartation to the vehicle, or having the vehicle returned to the
Permittee's authorized storage facility.
Permittee may not store or park tawed vehicles in any municipal parking space or
facility without express written authorizatian from the City Manager or designee. No
storage charges shail be assessed for any vehicle which, pursuant to authorization of
the City Manager or designee, is stored at a City facility.
B. 4n Premises Office
In addition to the authorized storage facility, the Permittee shall have a
permanent on-premises office, which shall be staffed on a 24-hour basis by at least one
(1) employee. Permittee shall alsa provide on-premises security in the farm of one or
more af the following: night dispatcher or watchman; security guard service; security
dog; or security cameras.
Permittee must post a City-approved sign at its on-premises facility indicating
charges (as shall have been approved by the City). This sign must include a statement
about the accepted methads of payment and the number and kinds of identification
required. At a minimum, the sign must be in one-inch (1") lettering, with contrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
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Ali areas accessible to tF�e public must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. After 11 p.m.,
Permittee shalf be prohibited from utilizing ar maintaining any sort af public
announcement (PA) systern from its premises, (so as to eliminate and/or reduce
amplified and other naise ta the surrounding neighborhoad that occurs after 11:00 p.m.).
Additional Canditions for Perrr�ittee's Autharized Storac�e FacilitY and On
Premises Facilit
1. Storage and/or parking af vehicles must be fully screened from view, as
seen from any right-af-way or adjoining property, when viewed from five feet six
inches (5'6") above grade, with landscaping, an opaque wood fence, rnasanry
wall, ar other opaque screening device not less than six feet (6') in height.
2. Parking spaces, backup areas, and drives shall be appropriately
dimensioned for the type of vehicles being parked ar stored.
3. The City shaEl retain the right tn modify the Permit and the conditinns of
operatian should fhere be complaints about ioud, excessive, unnecessary, ar
unusual late-night naise that occurs after 11:00 p.m.
4. The Permittee shall be respansible for maintaining the immediate areas
adjacent to its on-premises facility and storage facility including, without
limitation, the adjacent sidewalks, curbs, and gutters, in a clean and sanitary
manner, free of refuse, at ali times during its hours of operation.
5. Permittee shall be required to satisfy the landscaping requirements of
Section 126-6(2) af the City Code (Palms as street trees: Single trunk palm
species with a minimum of ten inches diameter at breast height (DBH) and a
minimum of 15 feet of clear or grey waod at time of planting may be planted in
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addition to the required number of street trees. The rnaximum spacing af palms
as street trees shall be 2Q feefi on center. Palms shall not count towards the
required number of street trees. The City may rec�uire an increase in the
maximum spacing due to site-specific constraints, such as, but not limited ta,
visibility triangles, signage, utilities vi�w corridors, or the use of large canopy or
diameter trees).
6. A plan for a recurring maintenance schedule that includes, but is not limited
to, cleaning Permittee's authorized storage facility, clipping of hedge material,
removing and replacement af dead plant material, fertilization and irrigation, shall
be submitted to the City Manager or desigrree, within five (5) business days fram
the commencement of the Permit Term, far the Manager (or his/her designee's)
review and approval.
7. The lighting in Permittee's an-sita facility and authorized starage facility must
satisfy the City Code and the Florida Building Codes. The light frorn light poles
shall be contained on-site. Any light poles shall not exceed fifteen feet (15') in
height, measured fram grade.
8. Permittee shall be respansible for operating its an-premises facility and
authorized storage facility in an orderly, clean and quiet manner sa that neighboring
residents are not disturbed during the hours of operation. At a minimum, this shall
include removing all trash from the lot nat less than twice daily. The sounding of
car alarms, autpmobile homs, playing af radios or any kind ofi audio system, and
screeching of tires shall be prohibited. A sign addressing City Code provisions
regarding car alarms, and a sign prohibiting the screeching of tires and sounding of
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homs, shall be posted on-site so they are plainly visible by, and legible to, users of
the facility.
9. Violations af the City's Noise C�rdinance (as codified in Article IV, Sections
46-151 through 46-162, and as same may be amended from time to time) may
also be deemed a failure to comply under the terrns of the Permit. Accordingly, in
the event of such non-compliance, only if established by final adjudication of the
City's Special Magistrate (including all appeals}, the Permit may be suspended or
revoked in accordance with Section 106-220 of the City Code.
6. TQWS W(TH POLICE HOLD
Unless otherwise requested, vehicles towed or impaunded upon whieh the Police
Department has placed a hald, shall be transparted directly to Police Department
headquarters at 110Q Washington Avenue, Miami Beach, Florida 33139 or to the Palice
Department's off-site facility at 6700 NW 36th Avenue, Miami, Florida 33147
(collectively, the "Police Starage Facility"). Once ths Police Department authorizes the
release of a vehicle with a police hold, the Police Department may (i) notify Permittee to
pick up the vehicle and mave it to Permittee's authorized storage facility, ar (ii) advise
the owner that the hold has been released and to pay the tawing and storage fees
incurred by Permittee prior to retrieving the vehicle from the Police Department's facility.
The Police Department will nat release the vehicle unless the owner presents proof of
payment of the towing and storage charges incurred by the Perrnittee as required by
Sectian 323.001(2)(a}, �lorida Statutes, and the terms of these Administrative Rules
and Regulations. If the Police Department releases a vehicle without obtaining the
required proaf of payment fram ti�� owner, the Police Department must pay to #he
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Permittee the tawing and storag� charges incurred by the Permittee within 60 days a�ter
the vehicle is released. The Police Department shall notify the Permittee, in writing, of
the release of a vehicle within five (5) days af the vehicle being released.
In the event a vehicle with a hold cannat be stared at Police headquarters ar the
Poiice DepartrnenYs off-site facility, a police Property & Evidence Unit supervisar or
designee may request tha� it be stored at Permittee's authorized storage area, within
the City limits. The vehicle owner is responsible for retrieving the vehicle from the
Permittee's tow yard ar facility.
Said vehicies shall be stored for a period of up to five (5) working days, excluding
Saturday, Sunday and Holidays, at no charge for the first five (5) warking days. If, after
expiration of the five (5) working days, the vehicle requires a police hold for a longer
periad af time, the Police Department may direct Perrnittee, in writing, to remove the
vehicle to a City facility, without charge to the Gity. In the alternative, the notice may
request that Permittee continue to store the vehicle at Permittee's storage #acility. If the
Police Department's notice elects to have the vehicle remain at Permittee's starage
facility, the Police Department shaff be responsible for any storage charges incurred
after the initial five (5) warking days.
If the Permittee does not receive such written natification from the Police
Departrnent, within the time period provided above, the Permittee may release the
vehicle to the registered owner ar lien holder; provided, however, that the Permittee
shall provide the Palice Department with written notice of Permittee's intent to release,
prior to the actual release date. (See also Section 323.001(2), Florida Statutes). The
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vehicle owner or lienholder shall be respon�ible to pay the Permittee the towing and
storage charges at the apprapriate resident/non-resident established r�te.
In cases where the Police Deparkment places a hold an a vehicle pursuant to a
vialation of Chapter 106, Article IX, Sections 106-391 thraugh 106-395 af the City Cade
(the City's Vehicle Impoundment Ordinance), Permittee shall release the vehicle without
charge ta the vehicle awner ar lienhalder, or agent of either, if so ordered by the City's
Special Magistrate, and the Police Department shall pay the accrued towing, at the
discounted City af Miarni Beach rate of$185 and storage charges to Permittee within 60
days after the vehicle is released.
The Police Department shall notify Permittee, in writing, when a hold on a vehicle
has been released. If such vehicle is stored at the Police Storage Facility, the Police
Department shall caordinate with Permittee a date and time when Permittee can pick up
the vehicle and move it to Permittee's starage facility. The Police Qepartment shall nat
be responsible for the cost of moving a vehicle with a hold (active or released) from one
location to another. All costs for moving a vehicle from one location to another, at the
request of the Police Department, shall be borne solely by the vehicle owner or
lisnholder at the applicable ratas under Section 22 herein, unless the Police Ghief or
designee notifies Permittee, in writing, that the vehicle owner was a crime victim or
witness ta a crime, in which case, the provisions of Section 22(C)(7) shall apply.
The Permittee shall not divulge any info�mation with respect to a towed or
impounded vehicle when such vehicle has a Police Hold. Anyone wishing to obtain
infarrnation on a vehicle with a palice hold shall be referrsd to the Police Department.
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Noiwithstanding anything to the contrary contained herein, in accordance with
' Section 323.001(8), Florida Statutes, if a vehicle is stored at Permittee's facility pursuant
to an investigatory hold or a hold for other evidentiary purposes, the investigating
agency or ather person requiring such hold must take possession of the vehicle within
30 days after the first day on which the vehicle is stored, unless another timeframe is
otherwise agreed upon by the Permittee and the investigating agency or ather person
requiring the hold.
7. STORAGE PRQCEDURES FUR VEHICLES
The Permittee shalf store towed or impounded vehicfes in its outside storage
area untess specific written instructions ara given for inside storage by the impounding
City Paiice Officer or City Parking Enfarcement Specialist.
8. Lt'3CATIQN GHANGES OF iMPC)UNDED VEHlCLES
Permittee shall not change the type of storage (inside or outside) ar storage
lacatian, except as provided in Section 5 herein, withaut the prinr written approval of the
City Manager nr designee.
9. ATTENDANT ON DUTY
The Permittee shali have sufficient attendants available, on a 24-hour, 7-days a
week basis, far immediate response to calls for service from the Gity. Permittee shall
have sufficient personnel available to staff its on-premises facility, on a 24-hour, 7-days
a week basis, for the purpose of dispatching calls and releasing tawed vehicles.
10. VEHICLE l.OADlNG
All vehicle loading shail only be conducted within Permittee's premises. The use
of a farklift or similar device shall be strictiy prohibited on any City right-of-way.
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11. EQUIPMENT
Permittee shall be solely responsible for operating and maintaining any and all
equipment, as required to satisfactorily perform the work/services required under the
Permit. All equipment shall be maintained in a state of readiness for response. In the
event that Permittee utilizes any equipment not owned by it, the City shall require that
Permittee demonstrate, to the City Manager or designee's satisfaction, that it has the
primary use and control of such equipment throughout the Permit term (whether by
providing praof of an equipment lease, or other legally binding contract evidencing use
and control of any required equipment). Any equipment not owned by Permittee must
be made available to Permittee on a first priority basis.
At a minimum, Permittee shall maintain and have available during the Permit
term the following type(s) af equipment:
A. WFiECKERS (T{7W TRUCKS)
All wreckers will be registered and shall have appropriate licenses to
operate as wreckers. Permittee's towing license number shall be displayed on the front
of the vehicle in letters at least three (3") inches high. Permittee's company name shall
be displayed on the driver and passenger side of the vehicle in letters at feast three (3"}
inches high. The campany's address and telephone number shall be displayed on the
driver and passenger side of the vehicle in letters at least one (1") inch high.
B. WRECKER GLASSIFICATION AND REQUIRED EQUIPMENT
If Permittee owns or Isases any of the folfowing wreckers, such wreckers
shall meet the following minimum ratings:
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(1) Class "A" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
10,OQ0 pounds gross vehicle weight. A complete, commercially
manufactured boom and winch(es) having a manufacturer's
combined rating of at least 4 tons must be mounted on the
chassis. Hand crank winches do not satisfy these requirements
and will nat be approved.
b) A minirnum of one hundred feet of 3/8-inch cable.
c) Dallies.
d) FIoQd lights on the hoist.
e) Vehicles which are equipped with wheel lifts or the equivalent
may also qualify as Class A tow trucks so long as they are
equipped with a boom and all other applicable requirements are
met. Wheel lifts shall be rated at a minimum of 3,OOQ Ibs. lift
capacity and must utilize wheel safety straps when lifting
vehicles by the wheels only.
f) Operators who wish to remove cars and light trucks rnay have,
in addition, a roll-back or slide-back carrier truck/trailer with
specifications and equipment as provided in sectionu (2) below
of this rule.
g) HSMV Form 603Q8 shall be used by the Division for the
inspection of Class "A"wreckers.
(2) Class "A" Roll-Back or Slide-Back Wrecker.
a) A truck chassis with a manufacturer's rated capacity of at least
10,000 paunds gross vehicle weight with a minimum of a
sixteen (16) foot bed, dual rear wheels and a winch with at least
8,000 pound capacity.
b) A minimum of 50 feet of 3/8-inch cable.
c) A minimum of two safety tie-down chains of at least ten (10) feet
each in length.
d) Two spot (flood) lights maunted on the rear of the carrier.
e) A rall-back or slide-back carrier trailer shall meet the following
requirements:
• A cornmercially manufactured carrier trailer with a rated
capacity af at least 8,000 pounds gross vehicle weight
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'' with a minimum sixteen {16) foot bed. A winch with at
' least 8,000 paund capacity.
• A minimum of 50 feet of 3/8 inch cabie.
• Brakes and trailer lights which meet the minimum
statutary requirements of Florida law.
• Safety chains.
• Must be towed by and used in canjunction with an
approved wrecker that meets ar exceeds the class of the
vehicle ta be towed.
f) HSMV Form 60305 shall be used by the Division for the
inspection of rall-back and slide-back carriers.
(3) Class "B'" Wrecker:
a) A truck chassis with a rnanufacturer's rated capacity of at least
20,000 pounds grass vehicle weight. A complete, twin-winch,
cammercially rnanufactured boom and winches having a
manufacturer's combined rating of at least ten (10) ton capacity
mounted on the chassis. Class B wreckers that were previously
approved at 15,Q00 pounds gross vehicle weight may cantinue
in use within this class, even if sold to another approved rotation
aperator.
b} A minimum af ane hundred feet of at least 1/2-inch cable on
each drum.
c) ane set of scatch blocks far wheels or hydraulic rear-extendable
scatch blacks.
d) Flood lights on the hoist.
e) HSMV Form 60307 shall be used by the Division for the
inspectian af Class "B"wreckers.
(5) Class "C' Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
30,000 pounds grc�ss vehicle weight and 50,000 pounds gross
vehicle weight far tandem axle trucks. A complete, twin-winch,
commercially manufactured boom and winches having a
manufacturer's combined rating of at least 25 ton capacity
maunted on the chassis.
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i
b) A minimum af twa hundred feet of at least 5/8-inch cabls on
each drum.
c) Air brakes so constructed as to lock the rear wheels
automatically upon failure.
d) External air hookup and hoses, to supply air to disabled
vehicles.
e} Qne set of scotch blocks for wheels or hydraulic rear-extendable
scotch blocks.
f) Fiaod lights on the haist.
g) HSMV Form 60306 shall be used by the Division for the
inspection of Class "C" wreckers.
C. ALL WRECKERS (ALL CLASSIFICATIQNS) SHALL INCLUDE THE
FOL.LEJWING:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, taw
plate or tow sling shall be equipped with safety chains and constructed
in such a manner that it wil! not damage the vehicle to be towed.
2. Dual rear wheels.
3. Clearance and marker lights and all other equipment as required by
Chapter 316, F.S.
4. A rotor beam or strobe-type light, amber in color, mounted on the
wrecker in such a manner that it can be seen from the front, rear, and
both sides.
5. The name, address and telephane number af the wrecker operatar far
the zone in which the aperator is qualified must be painted or
permanently affixed in a conspicuous place on both sides af the trucks
as required by Sectian 713.78(6), F.S. A unit number shall be painted
on bath sides af the cab of each wrecker. The same unit number on
fwo or more wreckers qualified to tow within a �one is prohibited.
Multiple addresses and telephone numbers are prohibited.
a) The name must be in letters at least three (3) inches in height.
b) The zone address and telephone number must be at least one
(1) inch in height.
c} The unit number must be at least three (3) inches in height and
in contrasting color.
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d) Magnetic or removal signs or plaeards wili not meet these
requirements.
6. At least one heavy duty push broam with a minimum width of twenty-
four(24) inches.
7. One square shovel,
8. One ax.
9. (3ne crowbar or prybar with a minimum length of thirty (30} inches.
10.Minimum af ane (1) five pnund CO2 ar dry chemical fire extinguisher or
equivalent. Must be approved type and have a current inspection tag
attached.
11.One pair of bolt cutters with a minimum opening of 1/2 inch.
12.One set af jumper cables.
13.4ne four-way lug wrench.
14.C7ne flashlight.
15.Five thirty minute fuses.
16.One snatch block for each winch with manufacturer's rating to rnatch
winch.
17.Extra tawing chain six ta eight feet in length with hooks.
18.At least three (3) safety cones ar triangle reflectars.
19.Fifty pounds of sand or equivalent.
D. COMMUNICATI(3NS SYSTEM
Permittee shall, at its sole cost and expense, provide its nwn finro-way
radio communications system. The communications system shall be between the
Permittee's base station and service trucks utilized in providing work/services under the
Permit. The Parking Departrnent shall provide Permittee with a radio ta communicate
with Perrnittee.
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E. GPS VEHICLE TRACKiNG SYSTEM
Permittee shall, at its sole cost and expense, and prior to commencement
of the Permit term, procure, install, and impfement a GPS vehicle tracking system on all
of its vehicles that provide towing services to the City, which will be accessible to the
City for monitoring purposes onfy, in accardance with the faflowing procedures:
(a) Permittee shall implement the use of a GPS tracking system. The
specifications of the system shall be submitted to the City far approval;
(b) Prior to the commencement of work/services under the Permit,
Permittee shall have the approved GPS tracking system installed and
operational in all vehicfes that provide towing services to the City. Non-
compliance with this requirement may be graunds for suspension or
revocation of the Permit in accordance with Section 106-22Q of the City
Code;
(c) Notwithstanding anything to the contrary contained herein,
Permittee specifically acknowl�dges and agrees that Permittee must have
the GPS turned on at all times on all vehicles utifized to respond to City
requests for taws.
12. EMPLOYEES O� PERMITTEE
Permittee shall be solely responsible far the means and methods far selecting,
training, directing, instructing, disciplining, hiring and firing ofi its employees and/or
contractors provided that at all times during the Permit term. Permittee shall be solely
respansible for ensuring that it shall have sufficient, and qualified, trained personnel ta
fulfil its obligatians under the terms af the Permit, so as to satisfactorily perform the
work/services required under such Permit.
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a. Permittee shall perform driver license screening on all employees with
driving responsibilities at the beginning of each permit year and upon the hiring of new
drivers. A copy of each employee driver's license and screening report shail be kept on
file by Permittes and provided to the City at the beginning af each permit yea�and upon
the hiring of a new driver, unfess prohibited by law.
b. P�rmittee shall be required to provide all emplayees with uniforms, which
shall be subject ta the prior written approval by the City Manager or designee.
c. Permittee shall perform drug test screening on all employees at the
beginning of each contract year and upon the hiring of a new employee, as well as at
the request of the City Manager, and shall provide pass/fail results to the City Manager
ar designee, unless prohibited by law.
Any and all employees and/or other individuals retained by Permittee, shall not,
for any purposes, be considered to be employees of the City, 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 specifically recognizes
and acknowledges, that the Permittee is legally considered to be an independent
contractor and that neither it, nor its afficers, directors, employees, agents, contractors
or cansultants, shall, under any circumstances, be considered officers, directors,
employees, contractars, agents or consultants of the City, and that the City shall at na
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,
cantractars, agents or consultants. Additionally, Permittee agrees to have no markings
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an either its vehicles, buildings, equipment, or correspondence that indicates or implies
any official relationship between the Permittee and the City.
13. REQU�STS FOR TOW S�RVICE
All requests far taws by the Ciiy shal{ be made through its Palice Department ar
Parking Department. The dispatching unit of the Police Department ar Parking
Department will assign tows to Permittees an a rotating basis, altemating every taw.
The Palice Department or Parking Department reserves the right to cancel a
rsquest for Permittes's servicss on a particular taw, at any time, up ta the time of hook-
up of the vehicle. Permittee acknowledges and agrees that the mere response to a
Police Qepartment or Parking Department service call, without other action, shall not
constitute a service far which charges are applicable.
Except in situations where the Palice Department places a hold an a vehicle or a
vehicle has an "impaundment order" pursuant to Sec. 30-389.4(d) of the Code of Miami-
Dade County, Florida, if the vehicle awner of the vehicle (or ather authorized person, as
defined herein) ar lienholder arrives at the scene of the tow prior to the towing or
impoundment af the vehicle, the vehicle shall be disconnected fram the wrecker, and
the veF�icle owner ar lienhalder shall ba allawed ta remove the vehicle, without charge,
interference or obstruction fram the Permittee (See also Section 24 herein}.
In those situations where the immediate removal of a (egally parked vehicle is
necessary in the interest of public safety including, without limitatian, due ta a fire,
starm, fload, ather act af Gad, riot, civil disturbance, or a crime scene, upon priar writfen
authorization of the Police Department, tf�e Permittee shall remove the vehicle to the
nearest public parking area (where parking is available), at no cast to the City (ar to the
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vehicle awner ar lienholder). A legally parked vehicie towed pursuant to this provision
shall be treated and caunt as an Emergency Tow under Section 20 herein.
if, at the option af the Police �fficer or Parking Enforcement Specialist at the
sc�ne of a tow, the vehicle requires spacial weather protection, it will be so noted on the
vehicle storage receipt, and the Permittee shall be required to store such vehicle
indoors.
If a request for a tow involves the removal of a vehicle (or vessel) which is
located underwater, the Permittee shall provid� underwater divers ta handle the hook-
up of such vehicle (or vessel). Underwater recovery salvage divers must be SCUBA
certified. The cost associated with any underwater recavery salvage shall be consistent
with thase underwater recavery fees as set forth within Section 22 herein. Should the
Permittee not offer this type of recavery service, the City then authorizes the Permittee
ta subcontract said service and to charge the awner ar lienholder of the vehicle or
vessel the actual cost the subcontractor ch�rgec� the Permittee for the service.
14. DELAYS
Permittee shall respond to requests for tows within twenty (20) minutes of receipt
of the request. In the event that Permittee cannot respond within twenty (20) minutes, it
shall notify the Police Department or Parking Department, as applicable, af the
estimated time of delay and the reasons thereof, and the Police Department or Parking
Department shall have the option, at its sole discretian, to cancel the request and
contact anather Permittee, without cost ar any liability to the Permittee to which the
initial request for tow was directed.
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15. REMf)VAL OF HAZARDS
Upon arrival at the scene of a tow, Permittee's wrecker operator shall promptly
remove any hazards ar debris from the public right of way prior to proceeding to tow or
impaund the vehicle. In the event Permittee is requested to provide clean-up services
only (and not fiow or impound a vehicle}, the vehicle storage receipt issued by the Police
Department ta Permittee shall be nated "Clean-Up Service Only." A call for Clean-Up
Service Only shall be trea�ed and count as an Emergency Tow under Section 20 herein.
16. lMPROPER TOWS
A Police supervisar or Parking Enforcement supervisor may request Permittee's
tow truck operator to release a vehicfe that has been engaged (but not removed from
the scene of the tow) should the impaundment af the vehicle be deemed improper by
such supervisor. The release af the vehicle shal( be authorized in writing by such
supervisor by signing in the indicated section of the tow slip. The supervisor's decision
shall be final, and the tow truck operatar shall praceed and comply with the release.
Any vehicle towed or impound�d by Permittee, and subsequently ordered to be
released by the Police Department or Parking Department because the vehicle was
improperly towed or impounded shall be released to the vehicle owner without charge,
and the Police Department or Parking Department, shall pay Permittee the City of Miami
Beach rate of$185 for such tow (plus applicable storage fees and administrative fees in
connection with Section 713.78, Florida Statutes, ar as provided for in this permit}. Any
order by the Police Department or Parking Department ta release a vehicle under this
Section 16 shall be in writing. In instances where a vehicle has been improperly towed
and such vehicle belangs to a disabled operator, Permittee shall deliver said vehicle ta
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the original scene of the tow ar to such other locatian within the City (as directect by the
City) and the City shall pay Permittee the City of Miami Beach rate of $185, or as
provided for in this permit).
17. IMPOUND REPC)RTS/C}WNER N(JTIFICATIt3N
When the City requests that a vehicle be tawed, the City and Permittee shall
comply with Section 713.78, Fforida Statutes (attached hereto).
18. VIEWING OF IlVIPOUN�ED VEHICLES
The City interprets Section 713.78(10), Florida Statutes, to establish that
Permittee is minimally required to permit vehicle ar vessel owners, lienholders,
insurance company representatives, or their agents to inspect an impounded vehicle or
vessel and ta remove ali personaf property not affixed to the vehicle or vessel which
was in the vehicfe or vessel at the time the vehicle ar vessel came into the custody of
the Permittee, but not ta prahibit Permittee from permitting a persan wha rented a rentai
vehicle to inspect an impounded rental vehicle and removing ail persanal property not
affixed to the vehicle which was in the vehicle at the time the vehicle came into the
custody of the Permittee. Therefore, the City directs Permittee ta permit a persan who
rented an impounded rental vehicle to inspect such vehicle and to remove all personal
property not affixed to the vehicle which was in the vehicle at the time the vehicle came
into the custody of the Permittee. Permittee shall allow impounded vehicles or vessels
ta be inspected in accordance with Section 713.78(10), Florida Statutes.
19. VEHICLE RELEt�SES
Permittee shall release an impounded vehicle, vessel, or all personal property no�
affixed to the vehicle or vessel, in accordance with Section 713.78(10), Florida Statutes.
Natwithstanding the preceding, in the event of release of a rental vehicle or vessel
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pursuant to F.S. 713.78(10), Permittee shall not require that a written agreement
produced by a renter, evidencing that the ranter is an agent af the rental vehicle or
vessel owner for purposes of releasing the vehicle/vessel, be notarized, as is within
Permittee's discretian pursuant to F.S. 713.78(1Q). The faregoing notwithstanding, if
Permittee has reasonable suspicion or daubt concerning the authenticity of the written
agreement, the identity of the presenter, or the legitimacy of the agency relatianship
based upon the farm af the documents or circumstances surrounding the presentatian
of same, then Permittee may in its discretion decline to re(ease the rental veY�icle or
vessel so long as said suspicion or doubt is reasonable under the circumstances. The
Permittee shall not release any vehicle that has an active "police hold".
A photocopy of the documentation and of the photo ID used for the vehicle
release shall be attached to the copy of the vehicle storage receipt. Such copies shall
be clearly legiblelidentifiable.
Notwithstanding the preceding, or any other term or condition of the Permit,
Permittee shall be salely respansible for whatever means and methods, as it deems
necessary to ensure and ascertain that a vehicle has been released to the registered
owner ar a duly authorized representative of the awner and the City shall have no
liability, whefher to Permittee, the vehicle owner, or any other third parties, as a result of
an improper or erroneous release of a vehicle by Permittee.
All vehicles that have not been claimed shall be disposed of according to
applicable law. Permittee will be required, within three (3) days after a sale or, if a title
is surrendered for payment, to submit to the City a detailed listing of the vehicls
identification number, taw receipt number, police case number (if applicable}, year,
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make, madel af vehicle, monies received, and the purchaser's name, address and local
telephone number.
In the event that a vehicfe is "junked," Permittee shail provide the City with a
copy of the certificate of desfructian (as requir�d by State law). This copy shall be
attached to the copy of the vehicle storage receipt. !n the releasa section of the vehicle
storage receipt, information shall be recorded as to the name, address, and local
telephone number of the person or company that takes possession.
In cases wh�re the registered av+rner of the vehicle relinquishes all claims to the
vehicle and transfers awnership of the vehicle to Permittee, Permittee shall not charge a
fee far services rendered.
Permittee shall notify the City Manager or designee of all abandoned! unclaimed
vehicles prior to such vehicles being slated far auction. All vehiclss slated for auction
must first be approved in writing by the City Manager ar designee. The City shall have
the right to bid on such vehicles and may abtain title upon payment of towing and
storage charges, and costs of the sale, provided there are no other bidders. The City
Manager shall designate an MBPD representative to track the vehicle auctions and
make the appropriate bidding on behalf af the City.
20. EMERGENGY TQWING CJF GITY VEHICLES
Permittee shall provide emergency towing services for City vehicles at no charge
to the City, for a maximum of sixty-five (65) vehicles per y�ar (each an "Emergency
Tow"), upnn written request from the Police Department, Parking Department, the City
Manager and/or designee. Each Permittee shall provide such services for one month at
a time, on a rotating basis with the other Permittee. This service is designed ta remove,
29
and secure vehicles awned or leased by the City which become disabled, crime or
witness vehicles, and legally parked vehicles which require relocatian far public safety
reasons. (See also Section 13 herein}. This emergency towing service shall not be used
fnr jump starts or doar openings (a/k(a "lockouts") outside the limits ofi the City. Such
emergency tawing services are limited to Miami-Dade County and Broward County.
After meeting the annual maximum of sixty-five (65) Emergency Tows, the City shall
pay Permittee $50.00 dollars per tow in Miami-Dade County, and $100.00 per taw in
Broward County, for any additional Emergency Tows. Permittee shall submit all bills
pursuant to this Section 20 to the Palice Depar�ment or Parking Department. The Palice
Departrnent or Parking Department shall pay Permittee �nrithin thirty (30) days of
Permittee billing the Police Department ar Parking Department.
Permittee may receive requests for emergency towing of City vehicles from the
Palice Department, Parking Department, the City Manager and/or designee, who will
provide Permittee with the follawing information, in writing:
1. location of the vehicle, with the nearest street address;
2. make, year, model and tag number of the City vehicle, together with all
informatinn available as to the candition of the vehicle;
3. name of the City emplayee operating the vehicle; and
4. reason for the tow (i.e. disabled, accident scene, etc.)
The Permittee shall tow and return a disabled City vehicle to the Mechanical
Maintenance Garage at 140 MacArthur Causeway. Disabled Police Department
vehicles may, upon writt�n approval of the Police Chief or designee, be towed to the
Miami Beach Police Station at 1100 Washin�to« Avenue.
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21. ABANDONED VEHICLES
Permittee shall remove abandoned vehicles on public streets, highways, right of
ways, and other City or publicly owned property, upon request of the City Manager ar
designee. For purposes of this section, the term "vehicle" shall include, without
limitation, automobiles, trucks, truck bodies, and house trailers (including vehicles which
may be partly or entirefy dismantled or consist of anly a major portion of the body or
framework).
A Police officer or a City Parking Enforcement Specialist shall issue and affix
stickers on abandoned vehicles. After a minimum af two (2} days, if the vehicle is not
removed, it may be towed at the request of the City. However, vehicles parked where
parking is prohibited, or so as to be a hazard or obstruction to traffic, must be towed
immediately.
Notwithstanding the preceding paragraph, vehicles praperly parked in one of the
City's Residential Parking Permit Districts with a valid Residential Parking permit shall
not be regarded as abandoned.
Permittee shall comply with Section 713.78, Florida Statutes, in providing notice
to the registered owner of the vehicle, the insurance company insuring the vehicle, and
all persans claiming a lien thereon.
Abandoned vehicles may be stored at Permittee's authorized storage facility, or
at a salvage company located outside the City limits.
Permittee shall assume and be solely responsible far, and shall fully defend,
indemnify and hold the City, its officers, employees, agents, contractors, and
consultants, harmless from and against all claims and demands by any and afl parties
whatsoever related to (and including but not limited to alleged violation of) Section
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713.78, Florida Statutes (as same may be amended from time ta time). The Permittee
shall pay alf judgments obtained by reason af a violation of Section 713.78, Fiorida
Statutes, as specified in suit or suits against the City, including all legal costs, caurt
expenses and attomey fees, and other like expenses. Permittee shall have the right to
join in the defense of such suits. City shall natify Permittee of any such suits where
Permittee is not named as a party. The failure of City to notify Permittee of such suit
shall relieve Permittee of any and all respansibility or liability under this Sectian 21.
However, there is expressly excluded from the foregoing obligations to indemnify those
Cfaims resulting from the gross negligence or willful misconduct af the City.
22. MAXIMUM ALLOWABLE RATES
Pursuant to Section 106-219, the City Commission hereby establishes the
fallowing maximum allowable rates far towing, removal, and storage services provided
under the Permit ("Maximum Allowable Rates"). The Permittee shall not charge in
excess of the following Maximum Allowable Rates (as same may be adjusted from time
to time in accordance with the Indexing Provision in Section 22(C)(5):
A. Maximum Allowable Haok-Up Rate (includes: Labor; Dollies;
Administrative fees unrelated to Section 713.78, Florida Statutes, mileage,
and after hours)
Non- City of Miami Beach residents:
Tow Rate Class "A" Tow Truck and Class A Car Carrier
Including first 30 minutes at the scene $ 274.00
Tow Rate Class "B" Tow Truck
Including first 3Q minutes at the scene $ 274.00
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Tow Rate Class "C" Tow Truck
Including first 30 minutes at the scene $ 301.00
Should the Permittee not own or lease a Class "C" Tow Truck, the City
then authorizes the Permittee to subcontract said wrecker and to charge a
maximum of $ 357.00
Tow Rate Class "D" Tow Truck
Including first 30 minutes at the scene $ 493.00
Should the Permittee not own or lease a Class "D" Tow Truck, the City
then authorizes the Permittee to subcontract said wrecker and to charge a
maximum of 547.00.
B. Underwater recovery:
Should the Permittee not offer this type of recovery service, the City then
authorizes the Permittee to subcontract said service and to charge the
actual cost the subcontractor charged the Permittee for the service.
C. Special and additional charges:
1. Storage:
In accordance with Section 713.78(2), Florida Statutes, the first six (6)
hours of storage must be without any charge. The Permittee must
affirmatively document the date and time each towed or impounded
vehicle arrives at Permittee's storage facility and must also affirmatively
document the date and time of the retrieval of each towed or impounded
vehicle by the registered owner. The time must be documented utilizing an
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electranic time-keeping stamping device, which reflects the time either in
military format or including a.m./p.m., as applicable.
The following storage rates shall apply per day:
Inside-Interior and outside-exterior storage
(a) Motorcycles or Scoot�rs $ 23.00
(b) Any vehicle less than 20 $ 45.00
feet in length and 8 feet in width
(c) Any vehicle over 20 feet in lengfh $ 45.00
Boat and Trailer
(a) Unit under 20 feet in length $ 45.00
(b) Unit 21 feet �0 35 feet in length $ 45.00
(c) Unit over 35 feet in length $ 50.00
2. Extra tabor:
Cost of any waiting time or extra labor (i.e., "retrieving", special handling}
accomplished within thirty (30) minutes of arrival at the scene of a tow
shall be included in the base tow rate. If, and only if, such waiting time or
extra labor consumes more than thirty (30) minutes, an extra waiting time
or extra labor charge, per fifteen (15) minutes or any fraction thereaf, may
be assessed (commencing fhirty (30) minutes after arrival at the scene) at
the rate af $19.00 per fifteen (15) minute increments or any fraction
thereof. Any extra waiting time or extra labor charge authorization shauld
be made by the Police officer or Parking Enfarcement Specialist on the
scene, whenever possible, and shall be so indicated in writing on the
vehiele storage receipt.
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f
3. �Administrative Fee:
Pursuant ta Section 713.78{2)(b), Florida Statutes, whenever the
Permittee impounds and/or stores a vehicle or vessel under this Permit,
the f'ermittee has a lien on the vehicle or vessel far the fees specified in
Section 713.78(2)(a). Although Section 713.78(15)(a), Florida Statutes,
authorizes Permittee ta charge a $250 administrative fee for releasing a
claim of lien on an impounded vehicle or vessel, Permittee voluntarily
agrees to charge only a $ 118.00 administrative fee plus the actual costs
of complying with Section 713.78, Florida Statutes. "Adrninistrative fee" as
used in this Section 22(C)(3} shall have the same meaning ascribed to it in
Section 713.78(1�)(a), Florida Statutes. Permittee voluntarily agrees not
to impose the administrative fee on vehicles owned by Miami Beach
Residents or vehicles with a "police hold" until or unless the hold is
removed. In order to be eligible far the waiver of the $ 118.00
administrative fee, 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 towed vehicle.
4. City Permit Fee:
Permittee will impose and collect on behalf of the City a Perrnit Fee of $
33.00.
5. Indexing Pravision:
Beginning October 1, 2023, and each October 1 thereafter, the City
Manager or designee shall increase the maximum allawable rates and
35
fees by the annual percentage change in the Consumer Price Index (CPI)
for the Miami-Fart Lauderdale-West Pairn Beach, Florida area, as
published by the 8ureau of Labor Statistics of the United States
Department of Labor (Series ID CUURS35BSA0) up to a CPI increase of
3%; A CPI increase greater than 3% requires Cammission approval via
recommendation from the Finance and Economic Resiliency Committee.
Each year's rates and fees increase shall be calculated based on the
amounts from the previous year. The maximum allowable rates and fees
under this method shall be rounded up to the nearest dollar.
Notwithstanding the foregoing, the annual CPI increase shall not apply to
the discounted Miami Beach resident rate of $150 in Section
22(C)(6).
6. Miami Beach Resident Rate and City of Miami Beach Rate:
a. City of Miami Beach residents shall receive a discaunted rate of
$150 for Class A tows (plus applicable storage fees and administrative
fees in connection with Section 713.78, Florida Statutes). Storage charges
will not apply to City of Miami Beach residents for the first 24 hours. In
order to be eligible for the Miarni Beach Resident Discount, residents must
provide proof af residency within the City of Miami Beach, and their
driver's license information must match the registration information of the
towed vehicle. The Permittee shall maintain a log documenting of all City
residents that receive the Miami Beach resident rate, which log shall be
available for inspection and copying by the City Manager or designee,�
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upon request. Permittee sh�ll prominently post a sign displaying the
Maximum Allowable Rates for both City and nan-City residents within the
area(s) on its premises designated for the vehicle owner or their agent to
transact business.
b. The Gity of Miami Beach shall receive a discounted rate of$185 for
improper tows paid by the Police Department or Parking Qepartment
pursuant ta Sectian 16 herein {plus applicable stnrage fees and
administrative fees in connectian with Section 713.78, Florida Statutes).
7. Crime Victim or Witness Rate
Upon written notificatian from the Police Chief or his/her designee that the
registered owner af a vehicle that was towed by the Police Department
was a crime victim ar witness ta a crime, Permittee hereby agrees to
voluntarily waive all towing and storage charges on the vehicle awner for
the first 5 days, and instead charge the City a discounted rate of $50.00
per taw. After the first 5 days, in addition to the $50 charge, the City shall
pay Permittee all applicable storage fees and administrative fees in
connection with Section 713.78, Florida Statutes. Permittee shall provide
the discaunted rate e�f $50.a0 under this pravision for a maximum of 10
vehicles per year. The City hereby waives its right to the Permit Fee for
any vehicle owner who was a crime victim or witness to a crime and which
receives a discounted rate of $50 under this section, and Permittee shall
not impose or callect the Permit F�e an behalf of the Ci#y.
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8. Fuel Surcharge
Permittee is autharized to charge a $5 fuel surcharge per tow during any
period where the price far diesel fuel is $5.00 or more per gallon in the
City of Miami Beach.
9. Flash Flood Warning Resident Rate
In the event the Natianal Weather Service issues a Flash Flood Warning
for an area that includes the City, during such period, Permittee agrees to
tow any vehicle owned by a resident that is disabled in flood waters within
the City to any location within the limits of the City for the discounted rate
of $50.00. In order to be eligible for the discounted rate of $50.00,
residents must provide proof of residency within the City, and their driver's
license information must match the registration information of the towed
vehicle.
23. RESPONSIBILITY FC)R PAYMENT
Except as otherwise provided in this Permit, the vehicle owner or lienholder or
agent of either shall be responsible for payment of charges imposed by the Permittee,
due upon vehicle release, and the City shall not be responsible for any charges
imposed for towing and storage, or for securing payments due upon vehicle release.
In accordance with Section 713.78(19)(a), Florida Statutes, Permittee must
accept payment for accrued charges from a person listed in Section 713.78{10), Florida
Statues, in any form from at least two af the following paragraphs:
1. Cash, cashier's check, money order, or traveler's check.
2. Bank, debit, ar credit card.
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3. Mobile payment service, digital wallet, or other electronic payment system.
Notwithstanding anything ta the contrary contained in Section 713.78(19), Florida
Statutes, Permittee agrees to accept credit cards and debit cards from City residents,
and debit cards from any resident of Miami-Dade County. Any such credit cards or debit
cards must be presented at time of the transaction for payment, and such credit card or
debit card must be in the name of the registered owner. In accordance with Section
713.78(19)(b), Florida Statutes, any of the authorized persons listed in Section
713.78(10), Florida Statutes, are not required to furnish more than one form of current
government-issued photo identification when payment is made in any of the forms listed
herein.
Permittee shall install and continuausly operate and maintain in good working
order at least one (1) automatic teller machine (ATM) on its premises.
24. WAIVER QF "DROP FEES"
Drap fees occur when a vehicls owner (or other legally authorized person in
control of the vehicle) arrives on the scene of a tow, prior to removal of the vehicle from
the scene, and the vehicle has been engaged (hooked) by the tow truck but has not left
the scene. Although Florida law and Section 106-261 of the City Code allows Permittee
to assess a "drop fee" (of not more than 50% of the posted towing rates), Permittee
hereby agrees ta voluntarily waive any and all drop fees for registered vehicle owners or
other legally authorized person(s) in control of the vehicle arriving at the scene prior to
the removal or towing of the vehicle. The provisions of this section shall not apply
where the Police Department has placed a hold on the vehicle or the vehicle has an
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"impoundment order" pursuant to Sec. 30-389.4(d) af the Gode of Miami-Dade County,
Florida.
25. REPORTS AND FILES
The Permittee shall maintain the following records at its principal place of
business within the City:
A. Permittee shall pravide standardized, printed, sequentiaily numbered, City
designed invoice forms listing the nature af the work perfarmed by it for tows. An
invoice shall be made for each and every vehicle towed. Permittee shall keep on file for
three (3) years from the expiration of the permit, copies of all paid invoices, together
with vehicle storage receipts, and any and all impound logs (filed sequentially by Police
case number or Parking Department sequentially numbered forms) during the Permit
term. These records shall be subject ta inspection by the City or its authorized
representatives during regular business hours.
B. Standardized, printed, sequentially numbered vehicle storage receipts
(yellow and goldenrod copies) for each and every vehicle tawed by authority of the City,
indicating reason for impoundment, vehicle description, date and time towed, location
towed from and to, date and time released, proof of ownership notification, and all
itemized charges.
Once the release occurs, the yellow copy is to be returned to the City with
information including name, address, and telephone number of the individual to whom
the vehicle was released (This information must appear legibly on both the yellow and
goldenrod copies). The goldenrod copy will be retained by Permittee. These files will
be maintained sequentially according to the Police Department or Parking Department
case number.
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C. A log of all calis for service by the Police Department and/or Parking
Department on a weekly basis.
D. An Impound/Notification Log indicating, at a minimum, date, time and
method of notification to the registered owner of an impounded vehicle.
E. A log indicating vehicles to be auctioned, date of auction, name and
address of owner and lien holder, and date contacted.
F. A lag indicating vehicles sold at auction, date auction notice was
published, proceeds of auction, and distribution of proceeds.
G. Permittee shall keep on file for three (3) years from the expiration of the
permit, capies of all paid invoices, together with vehicle storage rece+pts, and any and
all impound lags (filed sequentially by Police Department case number or Parking
Department sequentially numbered forms) during the Permit term. These records shall
be subject to inspectian by the City or its authorized representatives during regular
business hours.
All of Permittee's files, records, and logs shall be available for inspection by the
City or its authorized representatives during regular business hours. Permittee shall
make available adequate workspace including, but not limited to, a table and chair, for
City repr�sentatives inspecting records.
26. FORWARDING REPORTS TO THE POLICE DEPARTMENT, AND PARKING
DEPARTMENT
The Permittee shall be solely responsible for the rernittance of the following
reports to the Police Department-and the Parking Department throughout the duration of
this Tow Permit. These Reports shall be remitted on the first day of each month,
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however, if the first day of the month falis on a Saturday, Sunday or legal holiday, then
the Reports shall be remitted by 5:00 p.m. on the next business day immediately
fallowing such Saturday, Sunday, or legal holiday.
A. Copies af all vehicle storage receipts for vehicles released the previous
month, which should include a copy of the completed numbered invoice
for each vehicle.
B. Original log of all calls for service an a monthly basis.
C. Originaf log of all vehicles with police halds in the custody of the
Permittee.
D. Original impound/notification Log for the previous month.
E. Original log completed prior to vehicle auctions.
F. Copy of the public notice of auction, at feast 10 days prior to the auctian.
G. Original log completed immediately following auction.
All copies must be legible, and the originals shall be provided, upon request by the City
Manager or designee.
27. INSPECTIONS AND AUDITS
Permittee agrees that all of its records, equipment, persannel, office and storage
facilities will be subject to periodic inspection and audits by the City Manager or
authorized representative and, in the case of inspection checks, without the need for
priar notice ta Permittee.
28. ETHIGS AND CONDUCT
The Permittee shall conduct its business in an orderly, ethical, and business-like
manner at all times, and shall use every means to obtain and keep the confidence of the
public. All public contact shall be in a courteous and orderly manner.
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29. C�MPLAINTS AND DISPUTES
It is the sole responsibility of Permittee to address customer service issues in a
polite, courteous, and respectful manner, regardless of the compnrtment of the
complainant. Clearly, verbal or physical abuse is unacceptable and police assistance
should be sought if a particular conflict escalates.
Any complaints received by the City concerning a violation by Permittee of Article
V, Division 2, Sections 106-211 through 106-222 of the City Code, or these
Administrative Rules and Regulations (including, without limitation, misconduct,
excessive charges, poor business practices, damage to vehicles, etc.), shall be referred
to the City's Chief of Police or to the City's Parking Director for investigation (depending
on which City department originated the tow). The respective department shall notify
Permittee, in writing, of any such camplaints (including the speeific nature thereof)
within five (5} business days from receipt of the complaint. The Permittee shall provide
written explanation and information with respect to the particular complaint, within five
(5) business days from notice by the City. Permittee's response shall include
identification of any proposed resolution(s} and corrective measure(s) to be taken.
A written disposition of the complaint will be forwarded to the Permittee (and
complainant) upon completion of the City's investigation. The City Manager reserves the
right, in his/her sole discretion, to require Permittee to refund all or any portion of the
towing fees to a complainant, as liquidated damages, should the City rule in favor of the
complainant.
If there have been three (3) or more substantiated complaints fiiled with the City
within a ninety (90) day period during the Permit term, the City Manager may suspenc!
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the Permit for a period of up to thirty (30) days in accordance with Section 106-220 of
the City Code.
30. "HOW'S MY DRIVING?" PROGRAM
Permittee shall be required to establish and continuously operate a tow truck
driver safety improvement program, through an independent third-party source that will
establish a telephane contact and e-mail contact for receipt of complaints regarding
unsafe tow truck operator driving throughout the City, which will be addressed by the
Permittee to the satisfaction of the City Manager. Each vehicle will prominently display
contact information for the public to report issues relating to the tow truck operator's
driving. Upon request of the City Manager, Permittee shall provide a report from the
independent third-party source identifying any and all complaints lodged against the
Permittee; investigations conducted by the Permittee; and corrective actions taken by
the Permittee to the satisfactian of the City Manager. Prior to implementation, the
aforestated Program shall be reviewed and approved by the City Manager, which
approval shall not be unreasonably withheld. Any changes to the approved Program
shall also be subject to the prior written approval of the City Manager.
31. CUSTC3MER SERVICE/INFORMATION ITEMS AND MATERIALS
It is the City's intent to ensure the highest levels of customer service are provide
to its residents, visitors, and tourists. To this end, all of Permittee's employees, agents
contractors, or servants that may have contact with customers with the general public
must attend and participate in the City's Towing and Custorner Contact Training. This
training will specifically address customer relations training, including diffusing
situations, demeanor/body language, and conflict resolution. All af Permittee's
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employees, agents, contractors or servants that have contact with customers or with the
general public will be required to attend this training twice annually (every six months}
throughout the term of the Permit. Permittee will further develop and issue informational
materials providing answers to freguently asked questions, such as rates,
directions/location of storage lots, and contact information.
32. C{TIZENS BILL OF RIGHTS FOR TOWING
Permittee shall establish and continually operate and maintain a bilingual
informational campaign, advising a vehicle owner who has been towed of their rights
and important related information, ineluding tow rafes, methods of payment, and
camplaint contact information. Prior to implementation, the aforestated campaign shall
be reviewed and approved by the City Manager, which appraval shall not be
unreasanably withheld. Any changes to the approved campaign shall also require the
prior written approval of the City Manager. Following appraval of the Tawing Bill of
Rights by the City Manager, Permittee shall post notice on all of its service vehicles,
identifying to the availability of a copy of the full Citizen's Bill of Rights to the general
public, as well as advising the public of the "no drop fee" provision in Section 24. The
notice on the vehicle shall be displayed in a prominent place on the vehicle and clearly
visible and legible, in letters at least two (2") inches high.
33. NON-DISCRIMINATION POLICY
in connection with the perfarmance of work/services under this Permit, Permittee shall
nat exclude fram participation in, deny the benefits of, or subject to discrimination
anyone on the grounds of race, color, national origin, sex, age, disability, religion,
income or family status.
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Additionally, Permittee shall comply fully with the City's Human Rights
Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discriminatian in employment, housing, public accommodations, and
public services on account of actual or perceived race, color, national origin, religion,
sex, intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, ar palitical affiliation.
Permittee shall take affirmative action to ensure that emplayees are treated during their
employment without regard ta their race, color, national origin, religion, sex,
intersexuality, gender identity, sexual orientation, marital and familial status, age,
disability, ancestry, height, weight, domestic partner status, labor organization
membership, familial situation, or political affiliation.
Permittee must complete and submit the City's Disability Non-Discrimination
Affidavit (Affidavit). In the event Permittee fails ta execute the City's Affidavit or is found
ta be in non-compliance with the provisions of the Affidavit, the City may impose such
sanctions as it may determine to be appropriate, including but not lirnited to, withholding
assignment of tows to Permittee under the Permit until compliance, and/or suspension
or revocation of the Permit in accardance with Section 106-220 of the City Code. In the
event the City suspends or revokes the Permit pursuant to this Section, Permittee shall
not be relieved of liability to the City far damages sustained by the City by virtue af
Permittee's breach.
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34. ASSIGNMENT
Permittees shail not assign, transfer, convey, sublet or otherwise dispose of this
Permit, or of any or all of its rights, title or interest therein, ar its or its power to execute
such permit, ta any person, company or carporation without the prior written consent of
the City Comrnission.
35. CHANGES IN ADMINISTRATIVE RULES AND REGULATlONS
Any amendment to these Administrative Rules and Regulations shall be subject
to the prior written recommendation of the City Manager and, thereafter, approval of the
City Commission. Except for the annual consumer price index increase pursuant to
Section 22(C)(5) herein, any changes in the schedule of Maximum Allowable Rates
shall be subject to the prior recommendation of the City Manager and City Commission
approval. Any change in the Maximum Allowable Rates requested by Permittee shall
only be considered by the City on/or about October 1 St of each year during the Permit
term.
36. CITY CODE AND ADMINiSTRATIVE RULES AND REGULATIONS
INCORPORATED BY REFERENCE INTO PERMIT
The Permit shall incorporate by reference (as if fully set forth therein) Article V,
Division 2, Sections 106-211 through 106-222 of the Miami Beach City Code, and these
Administrative Rules and Regulations, as same (respectively) may be hereinafter
amended from time to time, and compliance therewith shall be binding upon Permittee
and required as a condition of the Permit. Further, the Permit shall incorporate by
reference (as if fully set forth herein} Section 713.78, Florida Statutes (as may be
amended from time to time), and Chapter 323 of the Flarida Statutes (as may be
amended from time to time) (collectively, "State Law"). In the event of a conflict between
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these Administrative Rules and Reguf�tions and State Law, State Law shall supersede
these Administrative aules and Regulatians; except where Permittee and the City
have agreed ta an interpretation of State Law, as set forth in these Rules and
' Regulations and, in which case, the Administrative Rules and Regulatians shall
gavern.
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