HomeMy WebLinkAboutResolution 2026-34070RESOLUTION NO 2026-34070
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW TOWING PERMITS FOR
THE POLICE AND PARKING DEPARTMENT TO (1) BEACH TOWING SERVICES,
INC. AND (2) TREMONT TOWING, INC., WITH SAID PERMITS HAVING A THREE (3)
YEAR TERM, EFFECTIVE JANUARY 1, 2026, WITH UP TO THREE (3) ADDITIONAL
ONE (1) YEAR RENEWAL OPTIONS, SUBJECT TO THE APPROVAL OF THE CITY
MANAGER; AND FURTHER, APPROVING, IN SUBSTANTIAL FORM, THE
ACCOMPANYING ADMINISTRATIVE RULES AND REGULATIONS.
WHEREAS, Chapter 106, Article V, Division 2 of the Miami Beach City Code, provides for
the issuance by the City Commission of towing permits for the towing of vehicles identified by the
City as requiring removal from the public way (the "Towing Permits"); and
WHEREAS, on June 22, 2022, the Mayor and City Commission adopted Resolution No.
2022-32206, approving the issuance of new Towing Permits via the Administrative Rules and
Regulations for the Police Department and Parking Department to the following (the "Permittees"):
(1) Beach Towing Services, Inc. and (2) Tremont Towing, Inc.; and
WHEREAS, said Towing Permits had a three (3) year term, effective August 1, 2022, with a
renewal option for an additional period of three (3) years, subject to the prior approval of the Mayor
and City Commission; and
WHEREAS, on June 25, 2025, the Mayor and City Commission adopted Resolution No.
2025-33724, approving an extension, on a month -to -month basis and for a period not to exceed six
(6) months, of the Towing Permits that were set to expire on July 31, 2025; and
WHEREAS, the Permittees are the only two service providers which satisfy all the
requirements in the Miami Beach City Code and Administrative Rules and Regulations for Police and
Parking Towing Permits, including the requirement to provide vehicle storage facilities within the City
limits; and
WHEREAS, the removal of improperly parked and disabled vehicles is a necessary tool for
the Police Department and Parking Department to properly manage traffic and parking throughout
the City.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
the issuance of new towing permits for the Police and Parking Department to (1) Beach Towing
Services, Inc. and (2) Tremont Towing, Inc., with said permits having a three (3) year term, effective
January 1, 2026, with up to three (3) additional one (1) year renewal options, subject to the approval
of the City Manager; and further, approve, in substantial form, the accompanying Administrative Rules
And Regulations.
PASSED and ADOPTED this S day of Fvbrcf C. r y. 2026
ATTEST: 5 FEB O 2026 StevEMeiner. Mavor
Rafael . Granado, City Clerk ='
.INCORPORATE
H 26
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
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City Attorney Date
Resolutions - C7 J
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Eric Carpenter, City Manager
DATE: February 5, 2026
TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING THE ISSUANCE OF NEW TOWING
PERMITS FOR THE POLICE AND PARKING DEPARTMENT TO (1) BEACH
TOWING SERVICES, INC. AND (2) TREMONT TOWING, INC., WITH SAID
PERMITS HAVING A THREE (3) YEAR TERM, EFFECTIVE JANUARY 1, 2026,
WITH UP TO THREE (3) ADDITIONAL ONE (1) YEAR RENEWAL OPTIONS,
SUBJECT TO THE APPROVAL OF THE CITY MANAGER; AND FURTHER,
APPROVING, IN SUBSTANTIAL FORM, THE ACCOMPANYING
ADMINISTRATIVE RULES AND REGULATIONS.
RECOMMENDATION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission") approve the Resolution.
BACKGROUND/HISTORY
On June 22, 2022, the Mayor and City Commission adopted Resolution No. 2022-32206,
approving the issuance of new Towing Permits via the Administrative Rules and Regulations for
the Police Department and Parking Department to the following (the "Permittees'): (1) Beach
Towing Services, Inc. and (2) Tremont Towing, Inc.
Said Towing Permits had a three (3) year term, effective August 1, 2022, with a renewal option
for an additional period of three (3) years, subject to the prior approval of the Mayor and City
Commission
On June 25, 2025, the Mayor and City Commission adopted Resolution No. 2025-33724,
approving an extension, on a month -to -month basis and for a period not to exceed six (6) months
of the Towing Permits that were set to expire on July 31, 2025.
The revised Administrative Rules and Regulations are attached as Exhibit "A".
ANALYSIS
Chapter 106, Article V, Division 2 of the Miami Beach City Code establishes a narrowly defined
and highly regulated framework under which the City authorizes qualified towing providers to
remove vehicles from the public right-of-way when necessary to protect public safety and maintain
transportation operations. Due to the inherent legal, safety, and operational risks associated with
towing, permits are issued only to operators that meet strict requirements related to staffing,
equipment, insurance, response times, compliance history, and the maintenance of vehicle
storage facilities located within the City limits.
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The requirement for in -City storage facilities is a critical operational safeguard. In -City storage
supports timely police access, reduces clearance and retrieval times, preserves evidentiary
control when applicable, and allows for effective regulatory oversight. Given Miami Beach's dense
urban environment, limited roadway redundancy, and high pedestrian activity, the prompt removal
and secure storage of vehicles is essential to maintaining emergency access, traffic flow, and
overall public safety. At present, only two towing operators fully satisfy all requirements of the City
Code and Administrative Rules and Regulations, primarily due to the significant capital investment
required to maintain compliant storage facilities within City limits.
Towing remains a necessary enforcement and operational tool for the Police Department and
Parking Department. Obstructing, abandoned, or improperly parked vehicles can block fire lanes,
impede emergency response, interfere with transit and service operations, restrict ADA access,
and create disproportionate congestion impacts. The City does not maintain the equipment,
staffing, storage infrastructure, or risk -management capacity required to conduct towing
operations directly. Permitting qualified private operators therefore allows the City to meet its
operational obligations while maintaining oversight and limiting municipal risk.
The Resolution approves towing permits with an initial three-year (3) term and three (3) additional
one-year renewal options at the discretion of the Commission, providing operational stability. This
structure ensures consistent service availability, supports sustained compliance with City
standards, and establishes a predictable framework for performance oversight and pricing over a
potential six -year period.
The accompanying updates to the Administrative Rules and Regulations are limited in scope and
preserve the existing structure of the towing program. Pricing adjustments remain subject to a
tiered Consumer Price Index (CPI) increase capped at three percent (3%) for applicable fees.
Importantly, the resident tow rate remains unchanged, with no increases and no administrative
fees, and the rules continue to provide for free or low-cost vehicle releases for City departments
and victims of crime. The permit also allows for a small increase in administrative fees that still
falls well below the maximum allowed by state statute.
Together, the permit term, renewal structure, and targeted rule updates authorized by this
Resolution ensure the continued availability of compliant towing services, provide operational
continuity, and maintain clear and consistent regulatory standards. Approval of this Resolution
directly supports the City's public safety, enforcement, and transportation objectives while
preserving appropriate oversight by the Mayor and City Commission.
FISCAL IMPACT STATEMENT
N/A
Does this Ordinance require a Business Impact Estimate?
(FOR ORDINANCES ONLY)
If applicable, the Business Impact Estimate (BIE) was published on:
See BIE at: https://www.miamibeachfl.gov/city-hail/city-clerk/meeting-notices/
FINANCIAL INFORMATION
N/A
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CONCLUSION
The City Administration ("Administration") recommends that the Mayor and City Commission
("City Commission") approve the Resolution.
Applicable Area
Citywide
Is this a "Residents Riaht to Know" item,
pursuant to City Code Section 2-17?
Yes
Is this item related to a G.O. Bond
Project?
m
Was this Agenda Item initially requested by a lobbyist which as defined in Code Sec. 2-481
includes a principal engaged in lobbying? No
If so, specify the name of lobbyist(s) and principal(s):
Department
Parking
Sponsor(s)
Co-sponsor(s)
Condensed Title
Issue New Towing Permits for Police and Parking Department. PK
Previous Action (For City Clerk Use Only)
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EXHIBIT "A"
CITY OF MIAMI BEACH
ADMINISTRATIVE RULES AND REGULATIONS
FOR
POLICE AND PARKING TOWING PERMITS
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CITY OF MIAMI BEACH ADMINISTRATIVE RULES AND REGULATIONS FOR
POLICE 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 Commission approval, the
City Manager shall promulgate rules and regulations as may be necessary to govern the
discharge of towing and/or storage of vehicles identified by the City of Miami Beach Police
Department (hereinafter, "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 Commission to tow and/or store
vehicles from the public right of ways, in accordance with Chapter 106, Article V, Division
2, Sections 106-211 through 106-222 of the City Code, shall comply at all times with the
rules and regulations hereinafter set forth, and as same may be amended from time to
time (the "Administrative Rules 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 to 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 to 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 satisfactory 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 OF APPLICANTS
Permit applications shall only be considered from firms with proven experience in
a towing business which has an established and sarsfactory record of performance, and
has available 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 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 applicant's existing or proposed equipment, facilities, and storage facility following
submission 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 persons interested in the Permit is/are the principal or
principals named therein; that no person or persons (other than therein mentioned)
has/have any interest in the Permit; that the Permit is issued by the City without
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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 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 regulations that may, in any way, affect and/or apply to the
work/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 FEE/MONTHLY BILLING
Pursuant to Section 323.002, Florida Statutes, in addition to the maximum
allowable rates that may be charged by the Permittee under Section 22 herein, the City
shall charge a Permit Fee of $33.00 to 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 collect the Permit Fee on behalf of the City.
Permittee shall remit to the City any Permit Fee collected by the 201h of each month, for
all Permit Fees collected during the previous month. The Permit Fee shall not be charged
to residents that qualify for the Miami Beach Resident Rate pursuant to Section 22 herein.
Payments to the City shall be made by check or credit card. Payments made by
check shall be remitted to the City of Miami Beach Finance Department (Revenue
Section). Checks shall be clearly marked "Police Tow" or "Parking Department Tow."
4. INDEMNIFICATION/HOLD HARMLESS AND INSURANCE REQUIREMENTS
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Permittee shall be responsible for any work/services, and every part thereof,
undertaken pursuant to the Permit. For purposes of this Section 4, the term "Permittee"
shall include, without limitation, all Permittee's officers, directors, employees, agents,
contractors, and consultants, as well as any facilities, equipment, and property, of every
description, used in connection 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 or 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 or property, wherever located, resulting from
any action or operation under the Permit, or in connection with the work/services
thereunder.
As separate and additional consideration for the City's issuance of the Permit,
Permittee shall indemnify, hold harmless and defend (with counsel approved by the City
Attorney) the City of Miami Beach, Florida, its officers, employees, agents, contractors,
and consultants, from and against any and all claims, liabilities, demands, causes of
action, costs and expenses (including reasonable attorneys' 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"), whether directly or indirectly, from the provision of work/services
under the Permit; provided, however, that there is expressly excluded from the foregoing
obligations any Claims to the extent resulting from the gross negligence or willful
misconduct of the City. The indemnification provisions of this Section 4 shall survive
expiration or revocation of the Permit.
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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 maintain the
following insurance coverage in full force and effect at all times throughout the Permit
term. The maintenance of proper insurance coverage is a material element of the Permit
and failure to maintain or renew coverage may be treated as a material breach of the
Permit, which could result in suspension or revocation of the Permit in accordance with
Section 106-220 of the City Code.
A. Worker's Compensation Insurance for all employees of the Permittee 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 harmless from any injury
incurred during performance of 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 additional employees during the term of this Permit or
(ii) a copy of a Certificate of Exemption.
B. Commercial General Liability Insurance on an occurrence basis, including
products and completed operations, property damage, bodily injury and
personal & advertising injury with limits no less than $1,000,000 per
occurrence.
C. 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, custody and control with limits no less than $1,000,000
per occurrence, and $2,000,000 general aggregate.
D. Automobile Liability Insurance covering any automobile, if Permittee has no
owned automobiles, then coverage for hired and non -owned automobiles,
with limit no less than $1,000,000 combined per accident for 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' Compensation) arising out of work or operations performed on behalf of the
Permittee including materials, parts, or equipment furnished in connection 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 Compliance 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 of 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 licensed and authorized to do insurance business in the State of Florida.
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Verification of Coverage — Permittee shall furnish the City with original certificates and
amendatory endorsements, or copies of the applicable insurance language, effecting
coverage required by this contract. All certificates and endorsements are to be received
and approved by the City prior to commencement of the Permit term, and/or prior to
commencement of any work 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 not waive the Permittee's obligation
to provide them. The City reserves the right to require complete, certified copies of all
required insurance policies, including endorsements, required by these specifications, at
any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.O. Box 4668 — ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our
servicing agent, EXIGIS, at: Certificates-miamibeacha-riskworks.com.
Special 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 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 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 of persons employed by such subcontractor(s)), to the extent that
Permittee would be responsible (for the negligent acts, errors and omissions, or willful
misconduct of persons employed and/or retained by Permittee) under the requirements
of this Section 4.
Should Permittee fail to provide proof of 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.
6. AUTHORIZED STORAGE FACILITIES AND ON PREMISES OFFICE
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
for a minimum of 48 hours, after which they may be moved to a storage facility outside
the limits of the City, but within Miami -Dade County, Florida.
Permittee shall not store any vehicle with a "police hold" placed on it by the Police
Department outside 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 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
authorized storage facility shall be sufficiently illuminated to reveal persons and vehicles
at a distance of at least 150 feet during evening hours. Permittee shall use such security
measures as it deems necessary, to prevent theft, vandalism, stripping, and dismantling
of parts from stored vehicles.
Permittee's authorized storage facility shall provide a completely enclosed
(interior) storage area (solid walls, roof, and access door), which must accommodate a
minimum of five (5) automobiles. The enclosed (interior) storage area shall be
appropriately and adequately secured against entry by unauthorized persons.
In the event Permittee's authorized storage facility is filled to capacity, the
Permittee shall notify 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 authorized 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 proposed to be utilized by Permittee (not identified in the
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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 towing fee for removal of a vehicle for
storage outside the limits of the City. An owner (or other authorized individual) claiming
a vehicle stored outside the limits of the City shall be given the option, without charge, of
either free transportation to the vehicle, or having the vehicle returned to the Permittee's
authorized storage facility.
Permittee may not store or park towed vehicles in any municipal parking space or
facility without express written authorization from the City Manager or designee. No
storage charges shall be assessed for any vehicle which, pursuant to authorization of the
City Manager or designee, is stored at a City facility.
B. On 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 also provide on -premises security in the form of one or more of 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 methods 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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All areas accessible to the public 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, (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 Storage Facility and On Premises
Facility:
1. Storage and/or parking of vehicles must be fully screened from view, as
seen from any right-of-way or adjoining property, 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
dimensioned for the type of vehicles being parked or stored.
3. The City shall retain the right to modify the Permit and the conditions of
operation 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, without 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 shall 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
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clear or grey wood at time of planting may be planted in addition to the required number
of street trees. The maximum spacing of palms as street trees shall be 20 feet on 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 of 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 fhe Florida Building Codes. The light from light poles shall
be contained on -site. Any light poles shall not exceed fifteen feet (15') in height, measured
from grade.
8. Permittee shall be responsible for operating its on -premises facility and
authorized storage facility in an orderly, clean and quiet manner so that neighboring
residents are not 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,
automobile 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 hams, shall be posted on -site so they are
plainly visible by, and legible to, users of the facility.
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9. Violations of the City's Noise Ordinance (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 terms 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. 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 Police
Department's designated off -site storage facility within Miami -Dade County, as may be
identified in writing by the Police Department from time to time (collectively, the "Police
Storage Facility"). Once the 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
move it to Permittee's authorized storage facility, or (ii) advise the owner that the hold has
been released 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 of 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 Permittee the towing and storage charges incurred by
the Permittee within 60 days after the vehicle is released. The Police Department shall
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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 & 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 continue to store the vehicle at Permittee's storage facility. If the
Police Department's 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 initial five (5) working days.
If the Permittee does not receive such written notification from the Police
Department, within the time period provided above, the Permittee may release the vehicle
to the registered owner or lien 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 vehicle owner
or lienholder shall be responsible to pay the Permittee the towing and storage charges at
the appropriate resident/non-resident established rate.
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In cases where the Police Department places a hold 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 lienholder, 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 rate of $120.00 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 coordinate with Permittee a date and time when Permittee can pick up
the vehicle and move it to Permittee's storage facility. The Police Department shall not 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 lienholder
at the applicable rates under Section 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 Hold. Anyone wishing to obtain
information on a vehicle with a police hold shall be referred to the Police Department.
Notwithstanding 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 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
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agreed upon by the Permittee and the investigating agency or other person requiring the
hold.
7. STORAGE PROCEDURES FOR VEHICLES
The'Permittee shall store towed 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. LOCATION CHANGES OF 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 Manager 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 loading shall only be conducted within Permittee's premises. The use
of a forklift or similar device shall be strictly prohibited on any City right-of-way.
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
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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 to 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:
(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 on the chassis. Hand crank winches do not
satisfy these requirements and will not be approved.
b) A minimum of one hundred feet 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 boom
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and all other applicable requirements are met. Wheel lifts shall be rated at a minimum of
3,000 lbs. 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 3/8-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 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 with a minimum sixteen
(16) foot bed. A winch with at least 8,000 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
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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 60307 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 50,000 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.
b) A minimum of two hundred feet of at least 5/8-inch cable on each drum.
c) Air brakes so constructed as to lock the rear wheels automatically upon
failure.
d) Extemal air hookup and hoses, to supply air to disabled vehicles.
e) One set of scotch blocks for wheels or hydraulic rear -extendable scotch
blocks.
f) Flood lights on the hoist.
g) HSMV Form 60306 shall be used by the Division for the inspection of
Class "Cn wreckers.
C. ALL WRECKERS (ALL CLASSIFICATIONS) SHALL INCLUDE THE
FOLLOWING:
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 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
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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 two
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 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.
d) Magnetic or removal signs or placards will not meet these
requirements.
6. At least one heavy duty push broom 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 one (1) five pound COz 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.
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D. COMMUNICATIONS SYSTEM
Permittee shall, at its sole cost 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 work/services under the Permit. The
Parking Department shall provide Permittee with a radio to communicate with Permittee.
E. GPS VEHICLE TRACKING SYSTEM
Permittee 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 requirement may be
grounds for suspension or revocation of the Permit in accordance with Section 106-220
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
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Permittee shall be solely responsible for the means and methods for selecting,
training, directing, instructing, disciplining, hiring and firing of its employees and/or
contractors at all times during the 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.
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 shall 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 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 officers, directors, employees, agents, contractors or
consultants, shall, under any circumstances, be considered officers, directors,
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employees, contractors, agents or consultants of the City, and that the City shall at no
time be legally responsible or liable for any negligent acts, errors, omissions, or
misconduct on the part of Permittee, or any of its officers, directors, employees,
contractors, agents or consultants. Additionally, Permittee agrees to have no markings
on either its vehicles, buildings, equipment, or correspondence that indicates or implies
any official relationship between the Permittee and the City.
13. REQUESTS FOR TOW SERVICE
All requests for tows by the City shall be made through its Police Department or
Parking Department utilizing the Towbook digital dispatch software or other mutually
agreed upon software. Permittee shall be required to utilize Towbook to receive towing
assignments from the Police Department or Parking Department. The dispatching unit of
the Police Department or Parking Department will assign tows to Permittees utilizing a
rotation schedule that ensures towing assignments are apportioned equally among each
Permittee.
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 mere response to 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 or a
vehicle has an "impoundment order" pursuant to Sec. 30-389.4(d) of the Code of Miami -
Dade County, Florida, if the vehicle owner of the vehicle (or other authorized person, as
defined herein) or lienholder 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
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vehicle owner or lienholder shall be allowed to remove the vehicle, without charge,
interference or obstruction from 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
vehicle owner or lienholder). A legally parked vehicle 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 removal of a vehicle (or 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 those
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-five (25) minutes of
receipt of the request. In the event that Permittee cannot respond within twenty-five (25)
minutes, it shall notify the Police Department or Parking Department, as applicable, of the
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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, without cost or any liability to the Permittee to which the initial request
for tow was directed.
15. REMOVAL OF HAZARDS
Upon arrival at the scene of a tow, Permittee's wrecker operator shall 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 provide 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 Department supervisor or Parking Department 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 via email or text. The supervisor's decision shall be final, and
the tow truck operator shall proceed and comply with the release at no cost to the City.
Any vehicle towed or impounded by Permittee, and subsequently ordered to be
released by the Chief of Police, the Parking Department Director or their respective
designees 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 discounted City rate of $120.00 for such tow. Any order by the
Chief of Police, the Parking Department Director or their designees to release a vehicle
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under this Section 16 shall be in writing via email or text. In instances where a vehicle has
been improperly towed and such vehicle belongs to a disabled operator, Permittee shall
deliver said vehicle to 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 discounted City rate of
$120.00.
17. IMPOUND REPORTS/OWNER NOTIFICATION
When the City requests that a vehicle be towed, the City and Permittee shall
comply with Section 713.78, Florida Statutes (attached hereto).
18. VIEWING OF IMPOUNDED 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
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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
pursuant to F.S. 713.78(10), Permittee shall not require that any document, including but
not limited to, a written agreement produced by a renter, evidencing that the renter is an
agent of the rental vehicle or vessel owner for purposes of releasing the vehicle/vessel,
be notarized, as is within Permittee's discretion pursuant to F.S. 713.78(10). The
foregoing notwithstanding, if Permittee has reasonable suspicion or doubt concerning the
authenticity of the written agreement, the identity of the presenter, or the legitimacy of the
agency relationship based upon the form of the documents or circumstances surrounding
the presentation of 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 not release any vehicle that has an active "police
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
legible/identifiable.
Notwithstanding the preceding, or any other term or condition of the Permit,
Permittee shall be solely responsible 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, or any other third parties, as a result of an
improper or erroneous release of a vehicle by Permittee.
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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 vehicle identification
number, tow receipt number, police case number (if applicable), year, make, model of
vehicle, monies received, and the purchaser's name, address and local telephone
number.
In the event that a vehicle is "junked," Permittee shall provide the City with a copy
of the certificate of destruction (as required by State law). This copy shall be attached to
the copy of the vehicle storage receipt. In the release 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 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 for 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 for 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 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 of the City.
20. EMERGENCY TOWING OF CITY 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 year (each an "Emergency Tow"),
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upon written request from the Chief of Police, Parking Department Director, the City
Manager and/or their respective designees. 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, 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
Chief of Police, Parking Department Director, or the City Manager and/or their respective
designees (collectively, "City Designees"), 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 vehicle; and
4. reason for the tow (i.e. disabled, accident scene, etc.)
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The Permittee shall tow and return a disabled City vehicle to the Mechanical
Maintenance Garage at 140 MacArthur Causeway or such other address within the City
to be designated by the City Designee requesting the tow. Disabled Police Department
vehicles may, upon written request from the Police Chief or designee, be towed to the
Miami Beach Police Station at 1100 Washington Avenue.
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 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 entirely
dismantled or consist of only 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 of two (2) days, if the vehicle is not
removed, it may be towed at the request of the City Designee. 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 the City limits.
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Permittee shall assume and be solely responsible for, 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 all parties whatsoever
related to (and including but not limited to alleged violation of) Section 713.78, Florida
Statutes (as same may be amended from time to time). The Permittee shall pay all
judgments obtained by reason of a violation of Section 713.78, Florida Statutes, as
specified in suit or suits against the City, including all legal costs, court expenses and
attorney fees, and other like expenses. Permittee shall have the right to join in the defense
of such suits. City shall notify 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 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 or willful misconduct of the City.
22. MAXIMUM ALLOWABLE RATES
Pursuant to Section 106-219, the City Commission hereby establishes the
following maximum allowable rates for 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 Hook -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
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Tow Rate Class "B" Tow Truck
Including first 30 minutes at the scene $274.00
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 $356.00.
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 electronic
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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 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 $45.00
Boat and Trailer
(a) Unit under 20 feet in length $45.00
(b) Unit 21 feet to 35 feet in length $45.00
(c) Unit over 35 feet in length $50.00
2. Extra labor:
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 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 on 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 $250.00 administrative fee for releasing a claim of
lien on an impounded vehicle or vessel, Permittee voluntarily agrees to
charge a $150.00 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. Beginning on the first anniversary of the
issuance of this permit and on each anniversary thereafter during the initial
permit term, the administrative fee shall increase by $5.00 per year not to
exceed $160.00. Permittee voluntarily agrees not to impose the
administrative fee under the following circumstances:
• For vehicles owned by Miami Beach Residents, provided the
resident presents proof of residency within the City and the driver's
license information matches the registration of the tower vehicle
• For vehicles with a "police hold" until the hold is removed.
• For any vehicle released at the written request of a City Designee to
the extent such release authority is granted pursuant to Section 16
of these Administrative Rules and Regulations.
4. City Permit Fee:
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Permittee will impose and collect on behalf of the City a Permit Fee of
$33.00.
6. Indexing Provision:
The City Manager or designee shall adjust the maximum allowable rates
and fees on October 1 of each permit year by the annual percentage
change, whether increase or decrease, in the Consumer Price Index (CPI)
for the Miami -Fort Lauderdale -West Palm Beach, Florida area, as published
by the Bureau of Labor Statistics of the United States Department of Labor
(Series ID CUURS35BSA0) using the 12-month average for the preceding
June. Notwithstanding the foregoing, no increase or decrease pursuant to
this Section 5 shall exceed 3%.
If Permittee desires to propose a rate or fee increase greater than 3%,
Permittee shall submit that request, in writing, to the City Manager. Any
increase greater than 3% shall require City Commission approval following
review by the Finance and Economic Resiliency Committee.
The maximum allowable rates and fees under this method shall be rounded
up to the nearest dollar. Notwithstanding the foregoing, the discounted
Miami Beach resident rate of $150.00 in Section 22(C)(6) shall not be
adjusted pursuant to the foregoing provisions.
6. Miami Beach Resident Rate:
City of Miami Beach residents shall receive a discounted rate of $150.00 for
Class A tows. Storage charges will not apply to City of Miami Beach
residents for the first twenty-four (24) hours. In order to be eligible for the
Miami Beach Resident Discount and waiver of the administrative fee,
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residents must provide proof of residency within the City , 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, upon request.
Permittee shall prominently post a sign displaying the Maximum Allowable
Rates for both City and non -City residents within the area(s) on its premises
designated for the vehicle owner or their agent to transact business.
7. Crime Victim Rate/Witness Rate/Discretionary Rate
Upon written notification from the Chief of Police or his/her designee that
the registered owner of a vehicle that was towed by the Police Department
was a crime victim, a witness to a crime, or upon written notification from a
City Designee that the owner should not be charged for the tow based upon
any other compassionate reason ("Discretionary Rate"), Permittee hereby
agrees to voluntarily waive all towing and storage charges on the vehicle
owner for the first five (5) days, and instead charge the City a discounted
rate of $50.00 per tow. After the first 5 days, in addition to the $50.00 charge,
the City shall pay Permittee all applicable storage fees. Permittee shall
provide the discounted rate of $50.00 under this provision for a maximum
of: (i) 12 vehicles per year for vehicle owners who were the victim of a crime
or who were a witness to a crime; and (ii) 12 vehicles per year for vehicle
owners who were granted a Discretionary Rate. 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 for any vehicle owner who receives a discounted
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rate of $50.00 under this section, and in such a case, Permittee shall not
impose or collect the Permit Fee on behalf of the City.
8. Fuel Surcharge
Permittee is authorized to charge a $5.00 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 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.
However, Permittee shall not be required to perform such services during
any period in which, in the Permittee's reasonable discretion, conditions are
unsafe for personnel.
23. RESPONSIBILITY FOR PAYMENT
Except as otherwise provided in these Administrative Rules and Regulations, 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.
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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 of the following paragraphs:
1. Cash, cashier's check, money order, or traveler's check.
2. Bank, debit, or credit card.
3. Mobile payment service, digital wallet, or other electronic payment system.
Notwithstanding anything to 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 continuously operate and maintain in good working
order at least one (1) automatic teller machine (ATM) on its premises. Each ATM must
allow for a single withdrawal limit of no less than five hundred dollars ($500.00). In the
event the credit card processing equipment is non -operational at the time a City of Miami
Beach resident or a Miami -Dade County resident is attempting to retrieve their vehicle,
the Permittee shall provide a full credit for the withdrawal fee against the total charges
due.
24. WAIVER OF "DROP FEES"
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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 allows 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 vehicle or the vehicle has an "impoundment
order' pursuant to Sec. 30-389.4(d) of the Code of Miami -Dade County, Florida.
25. REPORTS AND FILES
The Permittee shall be the custodian of all records related to towing, storage,
impoundment, notification, and auction of vehicles towed by authority of the City. Such
records shall be maintained at the Permittee's principal place of business within the City
and retained for a minimum of three (3) years following the expiration of the permit, or for
any longer period as may be required by applicable law.
A. Record Format and Systems
Records may be maintained in paper, digital, or hybrid format, provided that any
digital recordkeeping system:
Is approved by the City Manager or designee;
Accurately captures all information required by these Administrative Rules
and Regulations;
Allows the City real-time or on -demand access to records;
Maintains records in a non -alterable or audit -tracked format; and
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• Provides secure data backup and recovery capabilities.
The use of a City -approved digital recordkeeping system does not relieve the
Permittee of its obligation to maintain, safeguard, and produce records upon request.
In the event that a digital system becomes unavailable, access is interrupted,
approval is revoked, or records are lost or corrupted, the Permittee shall immediately
revert to maintaining standardized, printed, sequentially numbered paper records in the
manner described herein, without interruption to recordkeeping obligations.
B. Invoices and Vehicle Storage Receipts
Permittee shall maintain standardized, sequentially numbered records for every
vehicle towed, which shall include, at a minimum:
• An invoice on a City -provided or City -approved form documenting the
nature of services performed; and
Vehicle storage receipt (including yellow and goldenrod copies if
maintained in paper form) containing the following information: the
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.
For paper records, the yellow copy of the vehicle storage receipt shall be returned
to the City upon vehicle release and the goldenrod copy retained by the Permittee. For
digital records, equivalent release and ownership information shall be captured and
retained within the approved system.
C. Logs and Supporting Records
The Permittee shall maintain the following logs, either digitally or in paper form:
• A log of all calls for service by the Police Department and/or Parking
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Department;
• An impound and notification log indicating date, time, and method of owner
notification;
A log of vehicles scheduled for auction, including owner and lienholder
contact information;
• A log of vehicles sold at auction, including publication dates, proceeds, and
distribution of funds; and
• A log of vehicles held under police hold.
All logs shall be maintained in a sequential, searchable manner based on Police
Department or Parking Department case numbers.
D. Inspection and Access
All records, whether maintained digitally or in paper form, shall be made available
for inspection by the City or its authorized representatives during regular business hours.
The Permittee shall provide reasonable workspace, including a table and chair, for City
representatives conducting on -site inspections.
26. FORWARDING REPORTS TO THE POLICE DEPARTMENT, AND PARKING
DEPARTMENT
A. General Requirement
The Permittee shall be solely responsible for providing the City with access to all
required reports and records throughout the duration of the Permit.
B. Digital System in Lieu of Physical Submittals
When the Permittee utilizes a City -approved digital recordkeeping system to which
the Police Department and Parking Department have direct access, the monthly physical
submission of reports listed below shall not be required, provided that: (i) all required
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records are complete, accurate, and timely entered into the system, and (ii) the City has
continuous access to view, export, and audit such records.
C. Required Reports if Digital Access Is Not Available
If no City -approved digital system is in use, or if City access to such system is
unavailable for any reason, the Permittee shall submit the following reports to the Police
Department and Parking Department by the first business day of each month:
• Copies of all vehicle storage receipts for vehicles released during the previous
month, including completed invoices;
• Original log of all calls for service;
• Original log of all vehicles under police hold;
• Original impound and notification log;
• Original pre -auction vehicle log;
• Copy of public auction notice at least ten (10) days prior to auction; and
• Original post -auction log.
All submissions shall be legible, and originals shall be provided upon request by the City
Manager or designee.
27. INSPECTIONS AND AUDITS
Permittee agrees that all of its records, equipment, personnel, office and storage
facilities will be subject to periodic inspection and audits by the City Manager or authorized
representative and, in the case of inspection checks, without the need for prior notice to
Permittee.
28. ETHICS AND CONDUCT
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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.
29. COMPLAINTS AND DISPUTES
It is the sole responsibility of Permittee to address customer service issues in a
polite, courteous, and respectful manner, regardless of the comportment 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 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 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.
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If there have been three (3) or more credible complaints filed with the City within a
ninety (90) day period during the Permit term, the City Manager may suspend the Permit
for a period of up to thirty (30) days in accordance with Section 106-220 of the City Code.
The City shall be the sole judge of what constitutes a credible complaint.
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. 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 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.
31. CUSTOMER SERVICE/CONDUCT
It is the City's intent to ensure the highest levels of customer service are provided
to its residents, visitors, and tourists. To this end, all Permittee shall provide its
employees, agents contractors, or servants that may have contact with customers with
the general public eight (8) hours of customer service training on a biannual basis. These
trainings shall specifically address customer relations training, including diffusing
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situations, demeanor/body language, and conflict resolution. All of Permittee's
employees, agents, contractors or servants that have contact with customers or with the
general public will be required to complete these trainings and Permittee is to provide the
City with proof of completions on a biannual basis.
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 information, including tow rates, methods of payment, and complaint
contact information. Prior to implementation, the aforestated campaign shall be reviewed
and approved by the City Manager or designee, which approval shall not be unreasonably
withheld. Any changes to the approved campaign shall also require the prior written
approval of the City Manager or designee. Following approval of the Towing Bill of Rights,
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 performance of work/services under this Permit, Permittee
shall not exclude from 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.
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,
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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, or political affiliation.
Permittee shall take affirmative action to ensure that employees are treated during
their employment without regard to 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 to 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
not be relieved of liability to the City for damages sustained by the City by virtue of
Permittee's breach.
34. ASSIGNMENT
Permittees shall not assign, transfer, convey, sublet or otherwise dispose of this
Permit, or of any or all of its rights, title or interest therein, or its or its power to execute
such permit, to any person, company or corporation without the prior written consent of
the City Commission.
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35. INTENTIONALLY OMITTED
36. CHANGES IN ADMINISTRATIVE RULES AND REGULATIONS
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 1111 of each year during the Permit term.
37. 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 Florida Statutes (as may be amended
from time to time) (collectively, "State Law"). In the event of a conflict between these
Administrative Rules and Regulations and State Law, State Law shall supersede these
Administrative Rules and Regulations; 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 shall govern.
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