CMB Police Department and Parking Department Towing Permit Revised as of October 1, 2025 Issued to Tremont Towing, Inc. 2c`) 2Z- 3L2ocQ
CITY UF MIAMI QEACH
POLICE DERARTMENT ANC� PaRKNG DEP�►i27MENT
TUWING P�RMIT
R�VISE,q WITH UPI�ATED RATES/FEES(GPI�AS C}F t7GTUBER 1, 2025
PER11t61T ISSUEC! TO:
TREMONT TOWING, INC.
P�RMlTTEE'S R�PRESENTATIVESfTITL�:
MANNY DlAZ, JR., PRESIDENT
KEITN MENIN, VICE-PRESIDENT
PERMITTEE'S ADDRESS:
1747 BAY ROAD, MkAME BEACN, FL, 33939
PERMIT TERM: �
THE ENITIAL TERM O�THIS TOWING PERMIT COMMENCED ON AUGUST 1, 2022 AND WAS
SET TO TERMINATE C�N JULY 31,2025, MOWEVER,AS OF AIJGUST 1, 2025,THIS TOWlNG
PERMIT IS ON A MONTH-TO-MONTH EXTENSfQN FOR A PERkOD NOT TO EXCEED SfX{6)
MONTHS.
ALL f2EGtl11RENiENTS, PROVISIONS, FEES, AND 7ERMS OUTLINED 1N THE ADMiN157RATiVE
RULES AND REGULATIONS FOR Rt3LICE TOWING PERMIT ARE HEREBY IN FORCE AND EFFECT
AS OF AUGUST 1, 2422 At�d Ih�GORPORATED BY REFERENCE HEREIN. PERMITTEE, AS
EVIDENCED BY ITS EXECUTION OF THIS PEI�MiT BELlJW, HEREBY AGREES 1'Q COMPLY WITH
ALL TERMS AND CdNDITIONS SET FORTH!N THE ADMINISTRATIVE RULES AND FtEGULATIONS
FOR PC7LICE TC}iftrlNG PERMIT,AS SAME MAY BE AMENC}ED FROM TEME TO TIME DURING THE
PERMIT TERM.
IN WITNESS WWEFtEOF, THE CtTY HAS CAUSED THIS PERMIT TO BE SIGNED BY ITS MAYOR
AND GITY CLERK, AND THE PERM{TTEE HAS CAUSED THIS PERMIT Td BE SIGNED IN ITS
NAME, BY tTS �tJ�Y AUTHO�RIZED REPRESENTATIVE.
PERMiTTEE: CI .
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MANNY DIAZ, JR. PR SIDENT STEVEN MEINER, MAYOR
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SECRETA Y RAFAE� E. GRANADO, ClTY CLERK
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CITY OF MfAiitlf BEACH
ADMINISTRATIVE RULES AND REGUL�4TIQNS
FC�R
POLICE ANQ PARKING TtJWING PERMITS
REVISED AS OF OCTQBER 1, 2025 (CPI)
' CITY OF MiAMI BEAGH AQMlNISTRATIVE RULES AND REGULATIQNS �OR
' POLICE ANC1 PARKING TAWING F�ERMITS
Introduction
Pursuant to Chapter 106, Articls V, Division 2, Section 106-212 of the Gode of
the City of Miami Beach, Florida ("City Code"}, and subject to City Commission
appraval, the City Manager shall promulgate rules and regulations as may be necessary
to govern the discharge af towing and/or storage af vehicles identified by the City of
Miami Beach Police Department (her�inafter, "MBPD" or the "Police 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 Commissian
to taw and/or store vehicles #rom the public right of ways, in accordanee with Chapter
106, Article V, Division 2, Sectians 106-211 through 1�6-222 of the City Code, shall
comply at all times with the rufes and regulations hereinafter set farth, and as same may
be amended frnm time to time (the "Administrative Rules and Regulations"}. An
applicant awarded a permit ta tQw and/or store vehicles (hereinafter, the "Permit")
pursuant ta the aforestated City Code section shall hereinafter be referred to as a
"Permittee." However, the total number af permits granted under Chapter 106, Article V,
Division 2, Section 106-213 ofi the Gity Code shall nat exc�ed two.
1. QUALIFICATIONS OF APPUCANT
Prior to the issuanee of a Permit, pursuant ta Chapter 106, Article V af the City
Code, an applicant shall be required to evidence, to the reasanable satisfaction of the
City Manager or desigr►ee, that it has the necessary facilities, equipment, skills,
personnel, and financial responsibility to furnish the wQrk 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 Manage�. Faifure to qualify with any
' or all of the follawing requirements shall be sufficient justificatian far the City Manager to
reject an application for a Permit (including rejection for renewal of a Permit).
2. COMPETENCY flF APPLICANTS
Permit applications shall only be considered from firms with proven exparience
in a tawing business which has an established and satisfactory record of performance,
and has avaiiabie the required equipment, facilities, storage 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 of operations, and a
storage facility located within the limits of the City of Miami Beach ("City"), where
vehicles towed or impaunded pursuant to the Permit shall be stored for the first 48
haurs after b�;ing fowed or impounded. The City Manager or designee reserves the right
to inspect an applicant's existing or proposed equipment, facilities, and storage facility
following submission af a Permit application.
Applicants must have all necessary licenses and permits, as required to operate
and provide the required work/services including, withaut limitation, a business tax
receipt issued by the City and any and all ather applicable licenses and permits required
by the City, Miami-Dade County, and the State af Florida.
By submission of an application, the applicant shall declare, represent and certify
ta the City that the only person ar persons interested in the Permit is/are the principal or
principals named therein; that no person ar persons (other than therein mentioned�
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' has/have any interest in the Permit; that the Permit is i�sued by the City withaut
', 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 without collusion or fraud.
By the City Commission's award of the Perrnit, and acceptance of the Permit by
Permittee, Permittee thereby represents and warrants ta the City that Permittee has
made itself famifiar with all applicable Federal, State, Miami-Dade County, and �ity
laws, ordinances, and rules and regulations that may, in any way, affect and/or apply to
the wark/services to be pravided (and Permittee shall continue to make itself aware and
familiar with any subsequent updates in any such laws). Ignorance af the law on the
par� of the Permittee will in na way relieve Permittee from any responsibility and/or
(iability under the Permit.
3. PERMIT FEEIMC}NTHLY BIL,LING
Pursuant to Section 323.002, �lorida Statutes, in addition ta the maximum
allowable rates that may be charged by the Permittee under Section 22 herein, the City
shal! charge a Permit Fee af $32.00 an the registered owner or other legally authorized
person in control of the vehicle {or vessel} that is towed ("Permit Fee"). The City hereby
appoints Permittee as its agent to impose and coMlect the Permit Fee on behalf of the
Gity. Permittee shall �errtit ta the City any Permit Fee collected by the 20t� of each
manth, for all Permit Fees collected during the previous month. The Permit Fee shall not
be charged an residents that qualify Miami Beach Resident Rate pursuant to Section 22
herein.
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Payments to the City shall be made by check ar credit card. Payments made by
check sha�l be remitt�d to the City of Miami Beach Finance Department (Revenue
Sectian}. Checks shafl be clearly marked "Police Tow" or"Parking Department Tow."
4. INDEMNIFIeATfC�NlME}LQ HARfNLESS AND INSURANCE REQUIREMENTS
Permittee shall be responsible for any wark/services, and every part thereof, undertaken
pursuant to the Permit. For purposes of this Sectian 4, the term "Permittee" shall
include, without limitation, all Permit�ee's officers, directors, emplayees, agents,
contractors, and consultants, as well as any facilities, equipmenf, and property, of every
description, used in cannectian with the performance of the work/services required
under the Permit. As further consideratian far the Gity's issuance of the Permit,
Permittee expressly assumes all risks of damags or injury to property or persans 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 or property, wherever
located, resulting from any action or operation under the Permit, or in connection with
the work/services thereunder.
As separate and additianal consideration for the City's issuance of the Permit,
Permittee shall indemnify, hold harmless and defend (with counsel appraved by the City
Attorney) the City of Miami Beach, Florida, its officers, employees, agents, contractars,
and consultants, from and against any and all c�aims, liabilities, demands, causes of
action, costs and expenses (ineluding reasonable attorneys' fees at trial and all levels of
appeal) of whatsoever kind or nature arising out af any error, omission, negligent act or
willful misconduct af Permittee, its officers, directors, employees, agents, contractors,
and consultants ("Claims"), whether directly or indirectly, from the provision of
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work/services under the Permit; pravided, however, that there is expressly excluded
fram the foregaing abligations any Cl�ims ta the extent resulting from the gross
negligence ar willful misconduct of the City. The indemnification pravisions of this
Section 4 shaH survive expiration or revocation of the Permit.
In additian to, and separate fram, Permittee's abligatian to indemnify and hold the
City harmless (as set forth in the preceding paragraphs), Perrnittee shall maintain the
following insurance coverage in full force and effect at all times throughout the Permit
term. The maintenance af praper insurance caverage is a material element of the
Permit and failure to maintain ar renew coverage may be treated as a material breach of
tFre Permit, whieh could result in suspension or revocation af the Permit in accordance
with Section 1 Q6-220 af the City Code.
A. Warker's Compensation Insurance for all employees of the Permittee as
required by Florida Statute 44Q, and Employer Liability Insurance far bodily injury
or disease. Shauld the Permittee be exempt from this Statute, the Permittee and
each employee shall hold the City harmless from any injury incurred during
perforrtiance of the Permit. The exempt Permittee shall also submit {i) a written
statement detailing the nurnber of employees and that they are not required to
carry Warkers' Compensatian Insurance and da not anticipate hiring any
additipnal employees during the term of this Permit or {ii} a copy af a Certificate
of Exemptian.
B. Garage Keepers Legal Liability Insurance on an occurrence basis,
including products and completed operations, contractual liability, property
damage, bodily injury and personal & advertising injury for vehicles while in the
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Permittee's care, custady and cnntro! with iimits na less than $1,000,000 per
occurrence, and $2,000,000 generai aggregate.
C. Automobile Liability Insurance covering any automobile, if Permittee has
no owned automabiles, then coverage for hired and non-owned autamobiles,
with limit na less than $1,OQ0,000 combined per accident far bodily injury and
property damage.
Additional Insured - City of Miami Beach must be included by endorsement as an
additional insured with respect to all liability policies (except Professional Liability and
Workers' Compensatian) arising out of wark or operations performed on behalf of the
Permittee including materials, parts, ar equipment furnished in connectian with such
work or operations and automobiles owned, leased, hired or borrowed in the form of an
endorsement to the Permittee's insurance.
Notice of Cancellation - Each insurance policy required above shall provide that
coverage shall not be cancelled, except with notice to the City of Miami Beach c/o
EXIGIS Insurance Campliance Services.
Waiver of Subrogation — Permittee agrees to obtain any endorsement that may be
necessary to affect the waiver of subrogation on the coverages required. However, this
provision applies regardless of whether the City has received a waiver af subrogation
endorsement from the insurer.
Acceptability of Insurers — Insurance must be placed with insurers with a current A.M.
Best rating of A:VII or higher. If not rated, exceptions may be made for members of the
Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if
they are ficensed and authorized tc� da insurance business in the State of Florida.
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Verification o# Coverage — Permittee shall furnish the City with originaf certificates and
amendatory �ndorsements, or capies of the applic�ble insurance language, effecting
I coverage required by this contract. Ail certificates and endarsements are to be received
' and approved by the City prior to commencement of the Permit term, and/or prior to
' commencement of any wark and/or worklservices 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 nat waive the
Permittee's obligation to provide them. The City reserves the right to require complete,
certified copies af all required insurance policies, including endorsements, required by
these specifications, at any time.
CERTfFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.Q. Box 4668 — ECM #35050
New York, NY 10163-4668
Kindiy submit all certificates of insurance, endorsements, exemption letters to our
servicing agent, EXIGIS, at: Certific�fi�s-rni�mib��ch a riskworks,ec�rr�
Specia! Risks or Gircumstances - The City reserves the right to modify these
requirements, including limits, based on the nature of the risk, prior experience, insurer,
coverage, ar other special circumstances.
Compliance with the foregoing requirements shall not relieve the Permittee of
his/her liability and obligation under this section or under any other section of this
agreement.
It is understood and agreed that all policies of insurance required hereunder
shall be primary to any insurance or self-insurance of the City.
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Permittee will also be solely responsible for securing and maintaining policies for
any and all af its subcantractors, to the extent and in accordance with the same
' insurance requirements as applies to Permittee pursuant to this Section 4.
' Notwithstanding campliance by Perrnittee and its subcontractors with the
insurance requirements in this Section 4, F'ermittee shall be ultimately responsible and
liable for any negligent acts, errors ar amissians, ar willful misconduct, of its
subcontractar(s) (and of persans employed by such subcantractor(s}), ta the extent that
Permittee would be responsible (for the negligent acts, errors and omissions, ar willful
misconduct of persons employed and/or retained by Permittee) under the requirements
of this Section 4.
Should Permittee fail ta provide praof of coverage for any insurance required in
this Section 4, within seven (7) days af receipt of written notice from the City Manager or
designee, the City reserves the right, upon written notice ta Permittee, to suspend ar
revoke the Permit, in accordance with Sectian 106-220 of the City Code, without liability
to the City.
5. AUTHORiZED STC}RAGE FACILITIES AND ON PR.EMISES OFFICE
Permittee must have an authorized starage facility within the limits of the City, of
which 31 spaces shall only be used by Permittee to stare vehicles tawed or impounded
pursuant to the Permit. Vehicles must be stored at Permittee's authorized storage
facility for a minimum of 48 hours, after which they may be moved to a starage facility
aufside the limits af the City, but within Miami-Dade County, Florida.
Permittee shatl not store any vehicle with a "police hold" placed on it by the
Police Department autside the limits of the City.
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A. Authorized Storage Facilities
Permittee's authorized storag� 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 accordance with applicable
City zoning requirements. At a minimum, Permittee shall surround the authorized
storage facility with a chain-link fence or solid-wall type fence at least six (6'} feet high.
The authoriz�d storage facility shall be sufficiently illuminated to reveal persons and
vehicles at a distance of at least 150 feat during evening hours. Permittee shall use
such security measures as it deems necessary, ta prevent theft, vandalism, stripping,
and dismantling of parts fram stored vehicles.
Permittee's authorized storage facility shall provide a completely enclosed
{interior) storage area (solid walls, roof, and aecess door), which must accommadate a
minimum of five (5) automobiles. The enclased (interior) storage area shall be
appropriately and adequately secured against entry by unautharized persons.
In the event Permittee's autharized storage facility is filled to capacity, the
Permittee shall no#ify the Police Department and Parking Department, and,
notwithstanding Section 106-218 of the City Code and Section 13 herein, such
departments shall have the option, at their sole discretion, to use the services of another
Permittee until such time as Permittee notifies the departments that its autharized
storage facility is no longer filled to 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 praposed to be utilized by
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Permittee (nat identified in the Permit) must ob�ain the prior written approval of the City
' Manager ar designee prior to cammencement of such use.
' Permittee may not charge an additional tawing fee for removal of a vehicle for
storage outside the limits of the City. An owner (ar other aufhorized individual) claiming
'' a vehicle stored outside the limits of the City shall be given the option, without charge,
of either free transportation ta 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 authorization from the Cify Manager or designee. No
storage charges shall be assessed for any vehicle which, pursuant to authorization of
the Gity Manager or designee, is stored at a City facility.
B. On Premises Office
In additian to the authorized starage facility, the Permittee shall have a
permanent on-premises office, which shall be staffed on a 24-hour basis by at least one
(1) emplayee. Permittee shall also provide on-premises security in the form of one or
more af the following: night dispatcher or watchman; security guard service; security
dog; ar 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
abaut the accepted methods of payment and the number and kinds of identifieation
required. At a minimum, the sign must be in one-inch (1") lettering, with cantrasting
background, permanently and prominently posted in the area where the charges are
paid to Permittee.
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All areas accessible to the pubiic must be well lighted, with provisions to
accommodate seating for members of the public retrieving vehicles. After 11 p.m.,
' Permittee shall be prohibited from utilizing or maintaining any sort of public
announcement (PA) system from its premises, (so as to eliminate and/or reduce
amplified and other noise to the surrounding neighborhood that occurs after 11:00 p.m.).
Additional Conditions for Permittee's Authorized Storaqe Facilitv and On
Premises Facilitv:
1. Storage and/nr parking of vehicles must be fully screened from view, as
seen from any right-of-way or adjoining praperty, when viewed from five feet six
inches (5'6") above grade, with landscaping, an opaque wood fence, masonry
wall, or other opaque screening device not less than six feet (6') in height.
2. Parking spaces, backup areas, and drives shall be appropriately
dimensianed for the type of vehicles being parked ar stored.
3. The City shall retain the right to modify the Permit and the conditions of
aperation should there be complaints about loud, excessive, unnecessary, or
unusual late-night noise that occurs after 11:00 p.m.
4. The Permittee shall be responsible for maintaining the immediate areas
adjacent to its on-premises facility and storage facility including, withaut
limitation, the adjacent sidewalks, curbs, and gutters, in a clean and sanitary
manner, free of refuse, at all times during its hours of operation.
5. Permittee sha�l be required to satisfy the landscaping requirements of
Section 126-6(2) of 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 woad at time of planting may be planted in
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addition to the required number of street trees. The maximum spacing of palms
as street trees shall be 20 feet an center. Palms shall not count towards the
required number of street trees. The City may require an increase in the
maximum spacing due to site-specific constraints, such as, but not limited to,
visibility triangles, signage, utilities view 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 designee, within five (5) business days from
the commencement of the Permit Term, for the Manager (or his/her designee's)
review and approval.
7. The lighting in Permittee's on-site facility and authorized storage facility must
satisfy the City Code and the Florida Building Codes. The light from light poles
shall be contained on-site. Any light poles shall nat exceed fifteen feet (15') in
height, measured from grade.
8. Permittee shall be responsible for aperating its on-premises facility and
authorized storage facility in an orderly, clean and quiet manner so that neighboring
residents are nat disturbed during the hours of operation. At a minimum, this shall
include removing all trash from the lot not less than twice daily. The sounding of
car alarms, autamobile homs, playing of radios or any kind of 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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horns, shall be posted on-site so they are plainly visible by, and legible to, users of
the facility.
9. Violations of the City's Noise Ordinance (as codified in Article IV, Sectians
46-151 thraugh 46-162, and as same may be amended fram time ta time) may
also be deemed a failure to comply under the terms of the Permit. Accardingly, in
the event of such non-compliance, only if established by final adjudication af the
City's Special Magistrate {including all appeals), the Permit may be suspended ar
revoked in accordance with Section 106-220 of the City Cade.
6. TOWS WITH POLICE HOLD
Unless otherwise requested, vehicles towed or impounded upon which the Police
Department has placed a hold, shall be transported directly to Police Department
headquarters at 1100 Washington Avenue, Miami Beach, Florida 33139 or to the Palice
DepartmenYs off-site facility at 6700 NW 36th Avenue, Miami, Florida 33147
(collectively, the "Police Storage Facility"). Once the Palice Department authorizes the
release of a vehicle with a police hold, the Police Department may (i) notify Permittee to
pick up the vehicle and move it to Permittee's authorized storage facility, or (ii) advise
the owner that the hald has been rel�ased and to pay the towing and storage fees
incurred by Permittee prior to retrieving the vehicle from the Police Department's facility.
The Police Department will not release the vehicle unless the owner presents proof of
payment of the towing and storage charges incurred by the Permittee as required by
Section 323.001(2)(a), Florida Statutes, and the terms af these Administrative Rules
and Regulations. If the Police Department releases a vehicle without obtaining the
required proof of payment from the owner, the Police Department must pay to the
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Permittee the towing and storage charges incurred by the Permittee within 60 days after
the vehicle is released. The Police Department shall notify the Permittee, in writing, of
the release of a vehicle within five (5) days of the vehicle being released.
' In the event a vehicle with a hold cannot be stored at Police headquarters or the
Police Department's off-site facility, a police Property 8� Evidence Unit supervisor or
designee may request that 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 or facility.
Said vehicles 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) working days. If, after
expiration of the five (5) working days, the vehicle requires a police hold for a longer
period of time, the Police Department may direct Permittee, in writing, to remove the
vehicle to a City facility, without charge to the City. In the alternative, the notice may
request that Permittee cantinue to store the vehicle at Permittee's storage facility. If the
Police DepartmenYs notice elects to have the vehicle remain at Permittee's storage
facility, the Police Department shall be responsible for any storage charges incurred
after the initia! five (5)working days.
!f the Permittee does not receive such written notification from the Police
Department, within the time periad provided above, the Permittee may release the
vehicle to the registered owner or tien holder; provided, however, that the Permittee
shall provide the Police 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 lienhoider shali be responsible to pay the Permittee the towing and
storage charges at the appropriate resident/non-resident established rate.
In cases where the Police Department places a hald on a vehicle pursuant to a
violation of Chapter 106, Article IX, Sections 106-391 through 106-395 of the City Code
(the City's Vehicle Impoundment Ordinance), Permittee shall release the vehicle without
charge to the vehicle owner or 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 of Miami 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 vshicle
has been released. If such vehicle is stored at the Police Storage Facility, the Police
Department shall coordinate with Permittee a date and time when Permittes can pick up
the vehicle and move it to Permittee's storage facility. The Police Department shall not
be responsible for the cost of rnoving 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 bome solely by the vehicle owner or
lienholder at the applicable rates under Sectian 22 herein, unless the Police Chief or
designee notifies Permittee, in writing, that the vehicle owner was a crime victim or
witness to a crime, in which case, the provisions of Section 22{C)(7) shall apply.
The Permittee shall not divulge any information with respect to a towed or
impounded vehicle when such vehicle has a Police Nold. Anyone wishing to obtain
information on a vehicle with a police hold shall be referred to the Police Department.
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Natwithstanding anything to the contrary contained herein, in accordance with
Sectian 323.001(8), Florida Statutes, if a vehicle is stored at Permittee's facility pursuant
ta an investigatory hofd or a hold for other evidentiary purposes, the investigating
agency ar other 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 other person
requiring the hold.
7. ST�RAGE PROCEDURES FOR VEHICLES
The Permittee shall store tawed or impounded vehicles in its outside storage
area unless specific written instructions are given for inside storage by the impounding
City Police Officer or City Parking Enforcement Specialist.
8. l.�CATfQN CHANGES C}F IMPOUNDED VEHICLES
Permittee shall not change the type of storage (inside or outside) or storage
location, except as provided in Section 5 herein, without the prior written approval of the
City Manage�or designee.
9. ATTENDANT ON DUTY
The Permittee shall have sufficient attendants available, on a 24-hour, 7-days a
week basis, for immediate response to calls for service from the City. 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 towed vehicles.
10. VEHICLE LOADING
All vehicle laading shall only be canducted within Permittee's premises. The use
of a forklift or similar device shall be strictly 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 wark/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 nat 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 proof 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 ta Permittee on a first priority basis.
At a minimum, Permittee shall maintain and have available during the Permit
term the following type(s) of equipment:
A. WRECKERS (TOW 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 least three (3")
inches high. The company'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 CLASSIFICATION AND REQUIRED EQUIPMENT
If Permittee owns or leases any of the following 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
10,000 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 an the
chassis. Hand crank winches do not satisfy these requirements
and will not be approved.
b) A minimum of one hundred fieet of 3/8-inch cable.
c) Dollies.
d) Flood 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 boorn and all other applicable requirements are
met. Wheel lifts shall be rated at a minimum af 3,0�0 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 may 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 60308 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 pounds 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!&-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 mounted on the rear of the carrier.
e} A roll-back or slide-back carrier trailer shall meet the following
requirements:
• A commercially manufactured carrier trailer with a rated
capacity of 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,OOU pound capacity.
• A minimum of 50 feet of 3/8 inch cable.
• Brakes and trailer lights which meet the minimum
statutory requirements of Florida law.
• Safety chains.
• Must be towed by and used in conjunction with an
approved wrecker that meets or exceeds the class of the
vehicle to be towed.
f) HSMV Form 60305 shall be used by the Division for the
inspection of roll-back and slide-back carriers.
(3) Class "B" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
20,000 pounds gross vehicle weight. A complete, twin-winch,
commercially manufactured 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 15,000 pounds gross vehicle weight may continue
in use within this class, even if sold to another approved rotation
operator.
b) A minimum of one hundred feet of at least 1/2-inch cable on
each drum.
c} One set of scotch blocks for wheels or hydraulic rear-extendable
scotch blocks.
d) Flood lights on the hoist.
e) HSMV Form 603Q7 shall be used by the Division for the
inspection of Class "B"wreckers.
(5) Class "C" Wrecker:
a) A truck chassis with a manufacturer's rated capacity of at least
30,000 pounds gross vehicle weight and 50,Q00 pounds gross
vehicle weight for tandem axle trucks. A complete, twin-winch,
commercially manufactured boom and winches having a
manufacturer's combined rating of at least 25 ton capacity
mounted on the chassis.
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' b) A minimum of two hundred feet of at least 5/8-inch cable on
each drum.
c) Air brakes so constructed as ta fock the rear wheels
autamatically upon failure.
d) External air hookup and hoses, to suppiy air to disabied
vehicles.
e) One set of scatch blocks for wheels or hydraulic rear-extendabie
scotch blocks.
f) Flood lights on the haist.
g) HSMV Form 6U306 shall be used by the Division for the
inspectian of Class "C° wreckers.
C. ALL WRECKERS (ALL CLASSIFICATIUNS} SHAL,L INCLUDE THE
FOLL�WING:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow
plate or tow sling shall be equipped with safety chains and constructed
in such a manner that it will 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 ar 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 telephone number of the wrecker operator for
the zone in which the operator is qualified must be painted or
permanently affixed in a conspicuous place on both sides of the trucks
as required by Section 713.78(6), F.S. A unit number shall be painted
on both sides of the cab of each wrecker, The same unit number on
twa or more wreckers qualified to tow within �a zone 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 telephane 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 placards witl 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. One crowbar or prybar with a minimum length of thirty (30) inches.
10.Minimum of ane (1) five pound CO2 or 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 of jumper cables.
13.One four-way lug wrench.
14.One flashlight.
15.Five thirty minute fuses.
16.One snatch block for each winch with manufacturer's rating to match
winch.
17.Extra towing chain six to eight feet in length with hooks.
18.At least three (3} safety cones or triangle reflectors.
19.Fifty pounds of sand or equivalent.
D. COMMUNICATIONS SYSTEM
Permittee shall, at its sole cast and expense, provide its own two-way
radio communications system. The communications system shall be between the
Permittee's base station and service trucks utilized in providing worklservices under the
Permit. The Parking Department shall pravide Permittee with a radio to communicate
with Permittee.
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E. GPS VEHICLE TRACKING SYSTEM
' Permi�tee shall, at its sole cost and expense, and prior to commencement
of the Permit term, procure, install, and implement 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 only, in accordance with the following procedures:
(a) Permittee shall implement the use of a GPS tracking system. The
specifications of the system shall be submitted to the City for 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 vehicles that provide towing services to the City. Non-
compliance with this requirernent may be grounds fo� suspension or
revocation of the Permit in accordance with Section 146-220 of the City
Code;
(c) Notwithstanding anything to the contrary contained herein,
Permittee specifically acknowledges and agrees that Permittee must have
the GPS turned on at all times on all vehicles utilized to respond to City
requests for tows.
12. EMPLOYEES OF PERMITTEE
Permittee shall be solely responsible for the means and methods for selecting,
training, directing, instructing, disciplining, hiring and firing of its employees and/or
contractars provided that at all times during th� Permit term. Permittee shall be solely
responsible for ensuring that it shall have sufficient, and qualified, trained personnel to
fulfil its obligations under the terms of 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 shall be kept on
file by Permittee and provided to the City at the beginning of each permit year and upon
the hiring of a new driver, unless prohibited by law.
b. Permittee shal► be required to provide all employees with uniforms, which
shall be subject to 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
or 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 directian and control.
It is the intent of the City and Permittee, and Permittee specifically recognizes
and acknowledges, that the Permittee is legally cansidered to be an independent
contractor and that neither it, nor its officers, directors, employees, agents, contractors
or consultants, shall, under any circumstances, be considered officers, directors,
employees, contractors, agents or consultants af the City, and that the City shall at no
time be legally responsible or liable for any negligent acts, errors, omissions, ar
misconduct on the part of Permittee, or any of its officers, directors, employees,
contractors, agents or consultants. Additionally, Permittee agrees to have no markings
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on either its vehicies, buildings, equipment, or correspondence that indicates or implies
any official relationship between the Permittee and the City.
13. REQUESTS FOR TOW SERVtCE
All requests for tows by the City shall be made through its Police Department or
Parking Department. The dispatching unit of the Police Department or Parking
Department will assign tows to Permittees on a rotating basis, alternating every taw.
The Police Department or Parking Department reserves the right to cancel a
request for Permittee's services on a particular tow, at any time, up to the time of hook-
up of the vehicle. Permittee acknowledges and agrees that the rnere response ta a
Police Department or Parking Department service call, without other action, shall not
constitute a service for which charges are applicable.
Except in situations where the Police Department places a hold on a vehicle ar a
vehicle has an "impoundment order" pursuant to Sec. 30-389.4(d) of the Code of Miami-
Dade Caunty, Florida, if the vehicle owner of the vehicle (or other authoriZed person, as
defined herein) or fienholder arrives at the scene of the tow prior to the towing or
impoundment of the vehicle, the vehicle shall be disconnected from the wrecker, and
the vehicle owner or lienholder shall be allowed to remove the vehicle, without charge,
interference or obstruction frorn the Permittee (See also Section 24 herein).
In those situations where the immediate removal of a legally parked vehicle is
necessary in the interest of public safety including, without limitation, due to a fire,
storm, flood, other act of God, riot, civil disturbance, or a crime scene, upon prior written
authorization of the Police Department, the Permittee shall remove the vehicle to the
nearest public parking area (where parking is available), at no cost to the City (or to the
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vehicle owner or lienhoider). A legaily parked vehicie towed pursuant to this provision
shall be treated and count as an Emergency Tow under Section 20 herein.
If, at the option of the Police Officer or Parking Enforcement Specialist at the
scene of a tow, the vehicle requires special 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 remova{ of a vehicle (ar vessel} which is
located underwater, the Permittee shall provide underwater divers to handle the hook-
up of such vehicle (or vessel). Underwater recovery salvage divers must be SCUBA
certified. The cost associated with any underwater recovery salvage shall be consistent
with thase underwater recovery fees as set forth within Section 22 herein. Should the
Permittee not offer this type of recovery service, the City then authorizes the Permittee
to subcontract said service and to charge the owner or lienholder of the vehicle or
vessel the actual cost the subcontractor charged 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, of the
estimated time of delay and the reasons thereof, and the Police Department or Parking
Department shall have the option, at its sole discretion, to cancel the request and
contact another Permittee, withaut cost or any liability to the Permittee to which the
initial request for tow was directed.
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15. REMOVA� OF HAZARDS
Upon arrival at the scene of a tow, Permittee's wrecker operator shali promptly
remove any hazards or debris from the public right of way prior to proceeding to tow or
impound the vehicle. In the event Permittee is requested to pravide clean-up services
only (and not tow or impound a vehicle), the vehicle storage receipt issued by the Police
Department to Permittee shall be noted "Clean-Up Service Only." A call for Clean-Up
Service Only shall be treated and count as an Emergency Tow under Section 20 herein.
16. IMPROPER TOWS
A Police supervisor or Parking Enforcement supervisor may request Permittee's
tow truck operator to release a vehicle that has been engaged (but not removed from
the scene of the tow) should the impoundment of the vehicle be deemed improper by
such supervisor. The release of the vehicle shall 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 operator shall proceed and comply with the release.
Any vehicle towed or impounded 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 Palice Department ar 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, or as provided for in this permit). Any
order by the Police Department or Parking Department to release a vehicle under this
Section 16 shall be in writing. In instances where a vehicle has been improperly towed
and such vehicle belangs ta a disabled operator, Permittee shall deliver said vehicle to
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the original scene of the tow or to such other location within the City {as directed 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 REPORTS/(JWNER N�TiFICATlON
When the City requests that a vehicle be towed, the City and Permittee shall
comply with Section 713.78, Flarida Statutes (attached hereto).
18. VIEWING OF IIIJIP(JUNDED VEHICLES
The City interprets Section 713.78(10), Florida Statutes, to establish that
Permittee is minimally required to permit vehicle or vessel owners, lienholders,
insurance company representatives, or their agents to inspect an impounded vehicle or
vessel and to remove all personal property not affixed to the vehicle or vessel which
was in the vehicle or vessel at the time the vehicle or vessel came into the custody of
the Permittee, but not to prohibit Permittee from permitting a person who rented a rental
vehicle to inspect an impounded rental vehicle and removing 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. Therefore, the City directs Permittee to permit a person 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
to be inspected in accordance with Section 713.78(10), Florida Statutes.
19. VEHICLE RELEASES
Permittee shall release an impounded vehicle, vessel, or all personal property not
affixed to the vehicle or vessel, in accordance with Section 713.78(10), Florida Statutes.
Notwithstanding the preceding, in the event of release of a rental vehicle or vessel
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' pursuant to F.S. 713.78(1Q), Permittee shall not require that a written agreement
produced by a renter, evidencing that the rent�r is an agent of the rentai vehicle or
vessef owner for purposes of releasing the vehicle/vessel, be notarized, as is within
Permittee's discretion pursuant to F.S. 713.78(1 Q). The foregoing notwithstanding, if
F'ermittee has reasonable suspicion or doubt concerning the authenticity of the written
agreement, the identity of the presenter, or the legitimacy of the agency reEationship
based upon the farm af the documents or circumstances surrounding the presentation
af same, then Permittee may in its discretion decline to release the rental vehicle or
vessel so long as said suspicion or doubt is reasonable under the circumstances. The
Permittee shall nat release any vehicle that has an active "police hold".
A photacopy of the documentatian and of the photo tD used far the vehicle
release shall be attached to the copy ofi the vehicle storage receipt. Such copies shall
be clearly legibfe/identifiable.
Notwithstanding the preceding, or any other term or condition of the Permit,
Permittee shall be solely respansible for whatever means and methods, as it deems
necessary to ensure and ascertain that a vehicle has been released to the registered
owner or a duly authorized representative of the owner and the City shall have no
liability, whether to Permittee, the vehicle owner, ar 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 titfe
is surrendered for payment, to submit to the City a detailsd listing af the vehicle
identification number, taw reeeipt number, police case number (if applicable), year,
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make, model of vehicle, monies received, and the purchaser's name, address and locai
telephone number.
In the event that a vehicle is "junked,° Permittee shall provide the City with a
capy of the certificate of destruction (as required by State law). This copy shall be
attached to the copy of the vehicle starage receipt. In the release section af the vehicle
storage receipt, infarmation shall be recorded as ta the name, address, and local
telephone number af the persQn or company that takes possession.
In cases where the registered owner of the vehicle relinquishes all claims to the
vehicle and transfers ownership of the vehicle to Permittee, Permittee shall not charge a
fee fiar services rendered.
Permittee shall notify the City Manager or designee of all abandoned/ unclaimed
vehicles prior to such vehicles being slated for auction. All vehicles slated far auction
must first be approved in writing by the City Manager or designee. The City shall have
the right to bid on such vehicles and may obtain title upon payment of towing and
storage charges, and casts 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 appropriat� bidding an behalf of the City.
20. EMEFtGENCY TOWING C)F CITY VEHIC�ES
Permittee shall provide emergency towing services for City vehicles at na charge
to the City, for a maximum of sixty-five (65} vehicles per year (each an "Emergency
Tow"), upon 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 to remove,
29
and secure vehicles owned or leased by the City which become disabled, crime or
witness vehicles, and legally parked vehicles which require relocation for public safety
reasons. (See also Section 13 herein). This emergency towing service shall not be used
for jump starts or door openings (a/k/a "lockouts") outside the limits of the City. Such
emergency towing 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 tow in
Broward County, for any additional Emergency Tows. Permittee shall submit all bills
pursuant to this Section 20 to the Police Department or Parking Department. The Police
Department or Parking Department shall pay Permittee within thirty (30) days of
Permittee billing the Police Department or Parking Department.
Permittee may receive requests for emergency towing of City vehicles from the
Police Department, Parking Department, the City Manager and/or designee, who will
provide Permittee with the following 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
information available as to the condition of the vehicle;
3. name of the City employee operating the vehicls; 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 written approval of the Police Chief or designee, be towed to the
Miami Beach Police Station at 1100 Washington Avenue.
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' 21. ABANDONED VEHICLES
Rermittee shall remove abandoned vehicles on public streets, highways, right of
ways, and other City or publicly owned property, upon request of the City Manager or
designee. For purposes of this sectian, the term "�ehicle" shall include, without
limitation, automobiles, trucks, truck bodies, and house trailers (including vehicles which
may be partfy or entirely dismantled or consist of only a major portion of the body or
framework).
A Palice officer or a City Parking Enforcement Spscialist shall issue and affix
stickers an abandoned vehicles. After a minimum of 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 properly 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 persons claiming a lien thereon.
Abandoned vehicles may be stored at Permittee's authorized storage facility, or
at a salvage company located outside fhe City limits.
Permittee shall assume and be solely responsible for, and shall fully defend,
indemnify and hold the City, its officers, employees, agents, contractars, and
consultants, harmless fram and against all claims and demands by any and all parties
whatsoever related to {and including but not limited ta alleged violation of} Section
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713.78, Flarida Statutes (as same may be amended from time to time). The Permittee
shall pay all judgments obtained by reason af a violation of Section 713.78, Florida
Statutes, as specified in suit or suits against the City, including all legal casts, court
expenses and attorney 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 af City to notify Permittee of such suit
shall relieve Permittee of any and all responsibility or liability under this Section 21.
However, there is expressly excluded from the foregoing obligations to indemnify those
Claims resulting from the gross negligence ar willful misconduct of the City.
22. MAXIMUM ALL�WABLE RATES
Pursuant to Section 106-219, the City Commission hereby estabiishes the
following maximum allowable rates for towing, remaval, and storage services provided
under the Permit ("Maximum Allowable Rates"). The Permittee shall not charge in
excess of the following Maximurn Allowable Rates (as same may be adjusted from time
to time in accordance with the Indexing Provisinn in Section 22(C)(5):
A. Maximum Allowable Hook-Up Rate (includes: Labor; Dollies;
Administrative fees unrelated to Section 713.78, Flarida Statutes, mileage,
and after haurs}
Non- City af 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 30 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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electronic time-keeping stamping device, which reflects the time either in
military format or including a.m./p.m., as applicable.
' The fallowing storage rates shall apply per day:
Inside-Interior and outside-exterior storage
(a) Motorcycles or Scooters $ 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 length $ 45.Q0
Boat and Trailer
(a} Unit under 20 feet in length $ 45.00
(b) Unit 21 feet to 35 feet in length $ 45.00
(c) Urrit over 35 feet in length $ 50.00
2. Extra iabor:
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 cansumes more than thirty (30) minutes, an extra waiting time
or extra labor charge, per fifteen (15} minutes or any fraction thereof, may
be assessed (commencing thirty (30) minutes after arrival at the scene) at
the rate of $19.00 per fifteen (15) minute increments or any fraction
thereof. Any extra waiting time or extra labor charge authorization should
be made by the Police officer or Parking Enforcement Specialist an the
scene, whenever possible, and shall be so indicated in writing on the
vehicle storage receipt.
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3. Administrative Fee:
Pursuant to Section 713.78(2)(b), Florida Statutes, whenever the
Permittee impounds and/or stores a vehicle or vessel under this Permit,
the Permittee has a lien on the vehicle or vessel for the fees specified in
Section 713.78(2)(a). Although Section 713.78(15)(a), Florida Statutes,
authorizes Permittee to 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. "Administrative fee" as
used in this Section 22(C)(3) shall have the same meaning ascribed to it in
Section 713.78(15)(a), Florida Statutes. Permittee voluntarily agrees not
to impose the administrative fee on vehicles owned by Miami Seach
Residents or vehicles with a "police hold" until or unless the hold is
removed. En order to be eligible for 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 irnpose and collect on behalf of the City a Permit Fee of $
33.00.
5. Indexing Provision:
Beginning October 1, 2023, and each October 1 thereafter, the City
Manager or designee shall increase the maximum allowable rates and
35
fees by the annual percentage change in the Consumer Price Index (CPI)
for the Miami-Fart L�uderdale-West Palm Beach, Florida area, as
published by the Bureau 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 Commission approval via
recommendation from the Finance and Economic Resiliency Committee.
Each year's rates and fees increase shail be calculated based on the
amounts from the previous year. The maximum allowable rates and fees
under this method shali be rounded up to the nearest dollar.
Notwithstanding the foregoing, the annual CPI increase shall not apply to
the discounted Miami Beach residen� 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 discounted rate of
$150 for Class A tows (pius applicable storage fees and administrative
fees in connection with Section 713.78, Fiorida Statutes). Storage charges
wili not apply to City of Miami Beach residents for the first 24 haurs. In
order to be eligible for the Miami Beach Resitlent Discount, residents must
pravide proof of residency within the City af Miami Beach, and their
driver's license information must match the registration information af the
towed vehicle. The Permittee shall maintain a log documenting of all City
residents that receive the Miami Beach resident rate, which lag shall be
available for inspection and capying by the City Manager or designee,
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' upon request. Permittee shall prominently post a sign displaying the
Maximum Allowable Rates for both City and non-Ci#y residents within the
area(s} on its premises designated for the vehicle owner or their agent to
transact business.
b. The City of Miami Beach shall receive a discounted rate of$185 for
improper tows paid by the Police Department or Parking Department
pursuant to Section 16 herein (plus applicable storage fees and
administrative fees in connection with Section 713.78, Florida Statutes).
7. Crime Victim or Witness Rate
Upon written notification from the Police Chief or his/her designee that the
registered owner of a vehicle that was towed by the Police Department
was a crime victim or witness to a crime, Permittee hereby agrees to
voluntarily waive all towing and storage charges on the vehicle owner for
the first 5 days, and instead charge the City a discounted rate of $50.00
per tow. 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 discounted rate of $50.00 under this provision 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 discaunted rate of $50 under this section, and Permittee shall
not impose or collect the Permit Fee on behalf of the City.
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8. Fuel Surcharge
Permittee is autharized to charge a $5 fuel surcharge per tow during any
' period where the price for 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 National 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 flaod 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 $5Q.00,
residents must provide proof of residency within the City, and their driver's
license infarmation must match the registration information of the towed
vehicle.
23. RESPONSIBILiTY FC1R PAYMENT
Except as otherwise provided in this Permit, the vehicle owner or lienholder or
agent of either shall be respansible 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 Sectian 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 fram at least two af the foflowing paragraphs:
1. Gash, cashier's check, money order, ar 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), Flarida
' 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 far 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 cantinuously operate and maintain in good working
order at least one (1) automatic teller machine (ATM) on its premises.
24. WAIVER OF "DROP FEES"
Drop fees occur when a vehicle 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 allaws Permittee
to assess a "drop fee" (of not more than 50% of the posted towing rates), Permittee
hereby agrees to 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 v�hicle or the vehicle has an
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"impoundment order" pursuant to Sec. 30-389.4(d} of the Code 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 provide standardized, printed, sequentially numbered, City
designed invoice forms listing the nature of the work performed by it far 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 starage 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 to 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 evary vehicle towed by authority of the City,
indicating reason far 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 ta 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 calls for service by the Police Department and/or Parking
Department on a weekly basis.
D. An Impound/Notification Log indicating, at a rninimum, date, time and
method of natification 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 log indicating vehicles sold at auction, date auction notice was
published, proceeds of aucfion, and distributian of proceeds.
G. Permittee shall kaep 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 Palice Department case number or Parking
Department sequentially numbered forms) during the Permit term. These records shall
be subject to inspection 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 ar its authorized representatives during regular business haurs. Permittee shall
make available adequate workspace including, but not limited to, a table and chair, for
City representatives inspecting records.
26. FORWARDING REPORTS TD THE POLICE DEPARTMENT, AND PARKING
DEPARTMENT
The Permittee shall be solely responsible for the remittance 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 falls on a Saturday, Sunday or legal holiday, then
the Reports shall be remitted by 5:00 p.m. on the next business day immediately
following such Saturday, Sunday, or legal holiday.
A. Copies of 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. Original log of all vehicles with police holds 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 least 10 days prior to the auction.
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 AUQITS
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
authorized representative and, in the case of inspection checks, without the need for
priar notice to Permittee.
28. ETHICS AND CONDUCT
The Permittee shall conduct its business in an orderly, ethical, and business-like
manner at all times, and shall use every means to obtain and keep the confidence of the
public. All public contact shall be in a courteous and orderly manner.
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29. COMPLAINTS AND DISPUTES
It is the sole responsibility of Permittee to address custamer service issues in a
polite, courteous, and respectful manner, regardless of the comportment of the
complainant. Clearly, verbal ar physical abuse is unacceptable and police assistance
should be sought if a particular conflict escalates.
Any cQmplaints received by the City concerning a violation by Permittee of Article
V, Qivision 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 Gity's Chief of Pofice 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 complaints (including the specific 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 propased resolutian(s) and corrective measure(s) ta 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
eomplainant.
If there have been three (3) or more substantiated complaints fi�ed with the City
within a ninety (90) day periad during the Permit term, the City Manager may suspend
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the Permit for a periad of up ta thirty (30) days in accordance with Sectian 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 telephone 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. Upan request of the City Manager, Permittee shall provide a report from the
independent third-party source identifying any and all camplaints lodged against the
Permittee; investigations conducted by the Permittee; and carrective actions taken by
the Permittee ta the satisfaction 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.
3't. CUSTOMER 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. Ta 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 Customer Contact Training. This
training will specifically address customer relations training, including diffusing
situatians, demeanor/body language, and conflict resolution. All of Permittee's
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emplayees, agents, contractors ar servants that hav� contact with customers or with the
generaf 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 ta frequently asked questions, such as rates,
directions/location of storage lots, and contact information.
32. CITIZENS 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 infarmation, including tow rates, methads of payment, and
camplaint contact information. Prior to implementation, the aforestated campaign shall
be reviewed and approved by the City Manager, which approval shall not be
unreasonably withheld. Any changes to the approved campaign shall alsa require the
prior written approval of the City Manager. Fallowing approval of the Towing 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 ta 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 performance of work/services under this Permit, Permittee shall
not exclude from participatian in, deny the benefits of, or subject to discrimination
anyone on the grounds of race, color, national origin, sex, age, disabifity, religion,
income or family status.
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Additionaliy, 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 discrimination 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 political affiliation.
Permittee shall take affirmative action to ensure that employees 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-Qiscrimination
Affidavit (Affidavit). In the event Permittee fails ta execute the City's Affidavit or is found
to 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 limited to, withholding
assignment of tows to Permittee under the Permit until compliance, and/or suspension
or revocation of the Permit in accordance with Section 106-220 of the City Code. In the
event the City suspends or revokes the Permit pursuant to this Section, Permittee shall
nat be relieved of liability to the City for damages sustained by the City by virtue of
Permittee's breach.
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34. ASSIGNMENT
Permittees shall not assign, transfer, convey, sublet ar othenn+ise dispose of this
Permit, or of any or all of its rights, title or interest therein, or its or its power to sxecute
' such permit, to any person, company or corporation without the prior written consent of
the City Commission.
35. CHANGES IN ADMINISTRATIVE RULES AND REGULATIONS
Any amendment to these Adrninistrative Rules and Regutations 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 ADMINISTRATIYE 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 713.7$, Florida Statutes (as may be
amended from time to time), and Chapter 323 of the Florida Statutes (as may be
amended from time to time) (collectively, "State Law"). In the event of a conflict between
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, th�se Administrative Rules and Regulations and State Law, State Law shall supersede
these Administrative Rules and Regulatians; except where Permittee and the City
have agreed to an interpretation of State Law, as set forth in these Rules and
Regulations and, in which case, the Administrative Rules and Regulations shal!
govern.
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