HomeMy WebLinkAboutCMB Police Department and Parking Department Towing Permit Issued to Beach Towing Services, Inc. Effective Jan. 1, 2026 to Dec. 31, 2028 Docusign Envelope ID:7DF98D66-99D8-4975-9F37-F3F5543206DC
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CITY OF MIAMI BEACH
POLIGE DEPARTMENT AND PARKNG DEPARTMENT
TOWING PERMIT (FROM JANUARY 1, 202G, TO DECEMBER 31, 2028)
PERMIT ISSUED TO:
BEACH TOWING SERVICES, INC.
PERMITTEE'S REPRESENTATIVES/TITLE:
MICHAEL A. FESTA, PRESIDENT
PERMITTEE'S ADDRESS:
1349 DADE BOULEVARD, MIAMI BEACH, FLORIDA, 33139
PERMIT TERM:
THIS TOWING PERMIT HAS A THREE(3)YEAR TERM, EFFECTIVE JANUARY 1,2026
AL.L REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT ARE HEREBY
IN FORCE AND EFFECT AS OF JANUARY 1, 2026 AND INCORPORATED BY REFERENCE
HEREIN. PERMITTEE, AS EVIDENCED BY ITS EXECUTION OF THIS PERMIT BELOW,
HEREBY AGREES TO COMPLY WITH ALL TERMS AND CC)NDITIONS SET FORTH IN THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT, AS SAME
MAY BE AMENDED FROM TIME TO TIME DURING THE PERMIT TERM.
IN WITNESS WHEREOF, THE CITY HAS CAUSED THIS PERMIT TO BE SIGNED BY ITS
MAYOR AND CITY CLERK, AND THE PERMITTEE HAS CAUSED THIS PERMIT TO BE
SIGNED IN ITS NAME, BY ITS DULY AUTHORIZED REPRESENTATIVE.
PERMITTEE: CIT : �
S' ned by:
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MI !. . �ESTA, PRESIDENT STEVEN MEINER, MAYOR
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ATT ST�- ���� ATTEST:
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SEC TARY ---- — RA AEL E.GRANADO,CITY CLERK
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iit�City Attorney f`,�' Date
CITY OF MIAMI BEACH
ADMINISTRATIVE RULES AND REGULATIQNS
FC}R
POLICE AND PARKING TC)WING PERMITS
REVISED AS �F JANUARY 1, 2Q26
CITY OF MIAMI BEACH ADMINISTRATfVE RULES AND REGULATIONS FOR POLICE
AND PARKING TOW(NG PERMITS
Introductian
Pursuant to Chapter 106, Article V, Division 2, Section 1Q6-212 of the Code of the City
of Miami Beach, Florida ("City Code"), and subject ta 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 af 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 af permits granted under Chapter 106, Article V,
Division 2, Section 106-213 of the City Code shall not exceed two.
1. QUALIFICATIUNS 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 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 tc� reject an application for a Permit (including rejection for
renewal af 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 satisfactory record of performance, and has
available the required equipment, facilities, starage 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 lacated within the limits of the City of Miami Beach ("City"), where vehicles tawed 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 fallawing 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 limitatian, a business tax receipt issued
by the City and any and all other app(icable licenses and permits required by the City, Miami-
Dade County, and the State of Fforida.
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 (otherthan therein mentianed) has/have any interest
in the Permit; that the Permit is issued by the City without connection ta any person(s),
campan�r(ies)or party(ies) making the applica#ion; and that it is in all respects fair, in good faith,
and without collusion or fraud.
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By the City Commission's award of the Permit, and acceptance of the Permit by
Permittee, Permit#ee 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 ta the work/services to be
provided (and Permittee shall continue ta make itself aware and familiar with any subsequent
updates in any such laws}. Ignorance of the law on the part af the Permittee will in no way
relieve Permittee from any responsibility and/or liability under the Permit.
3. PERMIT FEE/MC7NTHLY BILLING
Pursuant ta Section 323.�02, Flarida Statutes, in addition to the maximum allowable
rates that may be charged by the Permittee under Sectian 22 herein, the City shalf 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 shafl remit to the
City any Permit Fee collected by the 20�'' 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 Dapartment Tow."
4. INDEMNIFICATIC3N/HOLD HARMI.ESS AND INSURANCE REQUIREMENTS
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
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connection with the performance of the work/services required under the Permit. As further
consideration for the Ci�y's issuanc� of the Permit, Permitfiee 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, agen#s, contractors, and consultants ("Claims"), whether directly
or indirectly,from the pravision 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 orwillful misconduct of the City. The indemnification provisions of this Section
4 shall survive expiration or revocation of the Permit.
In addition to, and separate from, Permittee's obligation to indemnify and hold the City
harmless (as set forth in the preceding paragraphs), Permittee shall 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
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result in suspension or revocation of the Permit in accordance with Section 1�6-220 of the City
Code.
A. Worker's Campensation Insurance for ail 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
statem�nt 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 eompleted operations, property damage, bodily injury and personal
& advertising injury with limits no less than $1,000,000 per occurrence.
C. Garage Keepers Legal Liability Insu�ance on an occurrence basis, including
products and completed operations, contractual liability, property damage, bodily
injury and personal & advertising injury for vehicles while in the 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.
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Additional Insured - City of Miami Beach must be included by endorsement as an additional
insured with respect to ali liability palicies (except Professional Liability and Workers'
Compensation)arising out of work ar 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.
Natice of Cancellation - Each insurance policy required above shalf pravide that coverage
shall not be cancelled, except with notice to the City of Miarni 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 subragation on the coverages required. However, this provision applies
regardless of whether the City has received a waiver of subrogation endorsement from the
insurer.
Acceptabifity 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.
Verification of Coverage — Permittee shail furnish the Gity 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, wark and/or services as
described above shall not waive the Permittee's obligation to provide them. The City reserves
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the right to requir� complete, certified copies of all required insurance policies, including
endorsements, requir�d by these specificatians, at any time.
CERTIFICATE HOLDER MUST READ:
CITY OF MIAMI BEACH
c/o EXIGIS Insurance Compliance Services
P.�. Box 4668 — ECM #35050
New York, NY 10163-4668
Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing
agent, EXIGIS, at: (��rfific�t��-r�iamibeach riskworks,cor�.
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.
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 Sectian 4, Permittee shall be ultimately responsible and liable for any
negligent acts, errors ar omissions, or willful misconduct, of its subcontractor(s)(and of persons
employed by such subcantra..G#or{s)�, to th� �xt�nt that Permittee wauld be res�onsible (for#he
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negligent acts, errors and omissions, or willful misconduct of persons employed andlor retained
by Permittee) under the requirements of this Section 4.
Shauld 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 Perrnittee, to suspend or revoke the Permit,
in accordance with Section 1Q6-220 of the City Code, without liability to the City.
5. AUTHORI2ED STURAGE FACILITIES AND 4N 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.
A. Authorized Storage Facilities
Permittee's authorized storage facility shall have available autsid� 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.
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Permittee's authorized storage facility shall provide a completely enclosed (interior)
storage area (solid walls, roaf, and access door), which must accommodate a minimum of five
(5) automobiles. The encfosed (interior) storage area shall be apprapriately and adequately
secured against entry by unauthorized persons.
In the �vent Permittee's autharized storage facility is filled ta capacity, the Permittee
shail 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 discretian, to use the services of another Permittee until such tim� as Permittee notifies
the departments that its autharized storage facility is no longer filled to capacity. Permittee, at
its sole cost and responsibility, shall be required to make arrangements for starage, as required
to comply with the terms pf the Permit. Any storage facility proposed to be utilized by Permittee
(not identified in the Permit) must obtain the prior written approval of the City Manager or
designee prior to commencement of such use.
Permittee may not charge an additianal towing fee far removal of a vehicle for storage
outside the limits of the City. An owner(or other autharized individual)elaiming a vehicle stored
outside the limits of the City shall be given the optian, without charge, of either free
transportation to the vehicle, or having the v�hicle 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 fram 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.
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B. On Premises Office
In addition to the authorized storage facility, the Permittee shall have a permanent on-
premises affice, which shall be staffed on a 24-hour basis by at least one (1) employee.
Perrnittee 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.
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.).
Additiorral Conditions far Permittee's Authorized Storage Facility and Un Premises
Facilitv:
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 parke� �r stored.
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3. The City shall retain the right to modify the Permit and the conditions of
operation should there be complaints about laud, 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 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 caunt 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 the Florida Building Codes. The light from light poles shall be contained
on-site. Any light �oles shall �ot exceed fifteen feet (15') in height, measured from grade. .
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8. Permittee shall be responsible far 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 horns, 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 harns, shall be pasted on-site sa they are plainly visible by, and legible to, users of
the facility.
9. Violations of the City's Noise Ordinance (as codified in Article IV, 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 af the Permit. Accordingly, in the event of such non-
compliance, only if established by final adjudication of the City's Special Magistrate (including
all appeats), 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 tawed 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
Palice Department authorizes the release of a vehicle with a police hold, the Police Department
may (i) notify Permittee to pick up the vehicle and move it to Permittee's authorized storage
facility, or (ii) advise the ownPr that the hold h�s heen released and to pay the ta�ving and
storage fees incurred by Permittee prior to retrieving the vehicle from the Police Department's
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facility. The Police Department will not release the vehic(e 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 withaut obtaining the required proof of payment
frorn 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 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 stared 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 autharized 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 starage 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 ar lien holder; pro��i�ed, hc�wever,,th�t the Permittee shall prnvide the Foli�e De�artment
with written notice of Permittee's intent to release, prior to the actual release date. (See also
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Sectinn 323.001(2), Flr�rida Statutes}. The vehicle owner or fienho{der shail be responsible ta
pay the Permittee th� towing and storage charges at the appropriate resident/non-resident
established rate.
in cases where the Paliee Department places a hold an 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 Palice Storage Facility, the Police Deparkment
shall caardinate wikh Permittee a date and time when Permittee can pick up the vehicle and
move it to Permittee's storage fiacility. The Police Department shali not be respansible for the
cost of moving a vehicle with a hald (active or refeased) from one location to another. All costs
#or 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 vvhich case, the provisions of Section 22(C)(7) shall
apply.
The Permittee shall not divulge any information with respect ta a towed or impounded
vehicle when such vehicle has a Police Hold. Anyone wishing to abtain information on a vehicle
with a police hold shall be referred to the Police Department.
Notwithstandinc� anyf+h4ng to the.crntr�r,� ror,tained herein, in accc�rdance with Sectirn
323.001(8}, Florida Statutes, if a vehicle is stored at Permittee's facility pursuant to an
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investigatory hold or a hold for other evidentiary purposes, the investigating agency or ather
persan requiring such hald must take possession of the vehicle within 30 days after the first
day on which the vehicle is stored, unless another timeframe is otherwise agreed upan by the
Permittee and the investigating agency ar other person requiring the hold.
7. STORAGE PROCEDURES FOR VEHICLES
The Permittee shall store towed or impounded vehicles in its autside 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 wriften 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 ta calls for service from the City. Perrnittee 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 ar similar device shall be strictly prohibited on any City right-of-way.
11. E+QUIPMENT
Permittee shall be solely responsible for operating and maintaining any and all
eauipment, as req�.�ired to satisf�ct�ri�� ��rform the �.ti�ork/services required.u�der the Permit.
All equipment shall be maintained in a state of readiness for response. In the event that
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Permittee utilizes any equipment not owned by it, the City shall require that Permittee
demonstrate, ta the City Manager or designee's satisfaction, that it has the primary use and
control of such equipment throughout the Permit term (whether by providing proof of an
equipment lease, or other legally binding contract evidencing use and control of any required
equipment). Any equipment not owned by Permittee must be made available ta Permittee on
a first priority basis.
At a minimum, Permittee shall maintain and have available during the Permit term the
following type(s) of equipment:
A. WRECKERS (TOW TRUCKS)
All wreckers will be registered and shall have appropriate licenses to operate as
wreckers. Permittee's towing license number shall be displayed on the front of the vehicle in
letters at least three (3") inches high. Permittee's company name shall be displayed on the
driver and passenger side of the vehicle in letters at least three (3") inches high. The company's
address and telephone number shall be displayed on the driver and passenger side af 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 baom and
winch(es) having a manufacturer's combined rating of at least 4 tons must be
m��.�ntec� on the chassis. Hand crank winches da not satisfy these.
requirements and will not be approved.
15
b) A minimum of one hundred feet of 3/8-inch cable.
c) Dollies.
d) Flood lights on the haist.
e) Vehicles which are equipped with wheel lifts orthe equivalent may also qualify
as Class A tow trucks so lang as they are equipped with a boom and all other
applicable requirements are met. Wheel lifts shall be rated at a minimum of
3,000 Ibs. lift capacity and rnust utilize wheel safety straps when lifting
vehicles by the wheels only.
f) Operators wha wish to remove cars and light trucks may have, in addition, a
roll-back or stide-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 rninimum 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 af the carrier.
e} A roll-back or slide-back carrier trailer shall meet the following requirements:
� A..ccr?mercially manufacturPd �arriertrailerwith a rated capacity of at lea�t
8,000 pounds grass vehicle weight with a minimum sixteen (16) foot bed.
16
A winch with at le�st 8,Q00 pound capacity.
• A minimum of 50 feet of 3/£3 inch cable.
• Brakes and trailer lights which meet the minimum statutory requirements
af Flarida law.
• Safety chains.
• Must be towed by and used in conjunctian with an appraved wrecker that
meets or exceeds the class of the vehicle to be towed.
f) HSMV Form 60305 shall be used by the Divisian 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 cornplete, twin-winch, commercially manufactured
baom and winches having a manufacturer's combined rating af at least ten
(10) ton capacity mounted on the chassis. Class B wreckers that were
previausly approved at 15,000 pounds gross vehicle weight may continue in
use within this class, even if sold to anather approved rotation operator.
b) A minimum of one hundred feet of at least 1J2-inch cable an each drum.
c) One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks.
d) Fload lights on the hoist.
e) HSMV Farm 60307 shall be used by the Division far the inspection of Class
°�" wreckers.
(4} Cla�� ��C�, 1n,�rec���r:
a) A truck chassis with a manufacturer's rated capacity of at least 30,000 pounds
17
grass vehicle weight and 50,000 pounds gross vehicle weight for tandem axle
trucks. A camplete, twin-winch, commercially manufactured baom and
winches having a manufacturer's combined rating of at least 25 ton capacity
maunted an the chassis.
b) A minimum of two hundred feet of at least 5/8-inch cable on each drum.
c) Air brakes sa canstrueted as to lock the rear wheels automatically upon
failure.
d) External air hookup and hoses, to sup�ly air to disabled vehicles.
e) One set of scotch blocks for wheels or hydraulic rear-extendable scotch
blocks.
f) Flood lights on the haist.
g) HSMV Form 60306 shall be used by the Division for the inspection of Class
"C" wreckers.
C. ALL WRECKERS (ALL CLASSIFICATiONS} SHALL INCLUDE THE
FOLLOWING:
1. A cradle, tow plate or tow sling to pick up vehicles. The cradle, tow plate or
taw 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 ather 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 th�t iE can be seen from the front, �ear, and.b�th sides.
18
5. The n�me, address and telephane number of the wrecker aperatar for the
zone in which the operator is qualified must be painted or permanently affixed
in a conspicunus place an both sides of the trucks as required by Sectian
713.78(6), F.S. A unit number shall be painted on both sides of the cab af
each wrecker. The same unit number on two or more wreckers qualified to
tow within a zane 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) ineh
in height.
c) The unit number must be at least three (3) inches in height and in
contrasting color.
d) Magnetic or removaE signs or placards will not meet these
requirements.
6. At least one heavy cluty 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 af thirty (30) inches.
1 Q.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.
��,OnP pair c�f holt c�atters with a min�mum apening of 1/.?. inch.
12.One set af jumper cables.
19
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 reflectars.
19.Fifty pounds of sand or equivalent.
D. GOMMUNICATIONS SYSTEM
Permittee shall, at its sole cost and expense, provide its own two-way radio
cammunications 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 cammunicate with Permittee.
E. GPS VEHICLE TRACKING SYSTEM
Permittee shall, at its sole cost and expense, and prior ta commencement of the Permit
term, procure, install, and implement a GF'S 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 appraval;
(b) Prior to the commencement of work/services under the Permit, Permittee shall
have the appraved GPS tracking system installed and operatianal in all vehicles that provide
towing services to the City. Nan-compliance with this requirement may be grounds for
suspPnsian or revocation �f the Permit in accordance with Section ,106-220 of the City Code;
20
(c) Notwithstanding anything to the cantrary contained herein, Permittee specifically
acknawledges 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. EMPL4YEES (3F PERMITTEE
Permittee sh�ll be solely respansible for the means and rnethc�ds for selecting, training,
directing, insfiructing, disciplining, hiring and firing af its employees and/ar contractors at all
times during the Permit term. Permittee shall k�e 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 ths waric/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 repart 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 unifarms, 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 af a new employee, as well as at the request of the City
Manager, and shall provide pass/fail resuits 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 canfirol.
21
It is the intent af the City and Permittee, and Permittee specifically recognizes and
acknawledges, that the Permittee is legally considered to be an independent contractor and
that neither it, nor its officers, directors, employses, agents, contractors or consultants, shall,
under any circumstances, be considered officers, directars, employees, contractors, agents or
cansultants af the City, and that the City shall at no time be legally responsible or liable for any
negligent acts, errors, omissions, or misconduct an 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 afficial 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 ar Parking
Department utilizing the Towbaok digital dispatch software or other mutually agreed upon
software. Permittee shall be required ta utilize Towbook to receive towing assignments frorn
the Police Department or Parking Department. The dispatching unit of the Police Department
ar Parking Department will assign tows ta Permittees utilizing a rotation schedule that ensures
towing assignments are apportioned equally amang each Permittee.
The Police Department or Parking Department reserves the right ta 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 ta a Police Department or Parking
Department service call, without other action, shall not constitute a service for which charges
are applicable.
Except in situations where the Palice Department places a hold on a vehicle or a vehicle
has an "impaundment order" pursuant to Sec. 30-389.4(ci)af the Gode of Miami-Dade Co�anty,
Florida, if the vehicle owner af the vehicle (or other authorized person, as defined herein) or
22
lienholder arrives at the scene of the tow prior to the towing or impaundment of the vehicle, the
vehicle shal! be disconnected from the wrecker, and the vehicle owner or lienholder shall be
allowed to remove the vehicle, without charge, interference or obstruction fram the Permittee
(See aisc� Section 24 herein).
In those situations where the immediate remaval of a legally parked vehicle is necessary
in the interes# af public safety including, without limitation, due to a fire, storm, fload, other act
of God, riat, civil disturbance, or a erime scene, upan prior written authorization of the Palice
Department, the Permittee shal! remove the vehicle to the nearest public parking area (where
parking is availabie}, at no cost to the City (ar ta the vehicle owner or lienholder). A legally
parked vehicle tawed pursuant to this provision shall be treated and count as an Emergency
Tow under Section 20 herein.
If, at the option af the Police C)fficer or Parking Enforcement Specialist at the scene of a
tow, the vehicle requires specia( weather pratection, it will be so nnted on the vehicle starage
receipt, and the Permittee shall be required to store such vehicle indoors.
If a request for a tow involves the remaval af a vehicle (ar vessel) which is lacated
underwater, the Permittee shall provide underwater divers ta handle the hook-up of such
vehicle (ar vessel}. Underw�ter recovery salvage divers must be SCUBA certified. The cast
associated with any underwater recavery salvage shall be consistent with those underwater
recovery fees as set forth within Section 22 herein. Should the Permittee not affer this type of
recavery service, the City then authorizes the Permittee to subcontract said service and to
charge the owner or lienhoider of the vehicle or vessel the actual cast the subcontractor
charged the Permittee for the service.
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14. D E LAYS
Permittee shall respond to requests for tows within iwenty-five {25) minutes af 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 estimated time of
delay and the reasons thereof, and the Police Department or Parking Department shall have
the optian, at its sole discretian, to cancel the request and contact another Perrnittee, without
cost or any liability to the Permittee to which the initial request for tow was directed.
15. REMC�VAL 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. lMPROPER 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 decisian 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, ar�d subsequently ordered to be released
by the Chief of Police, the Parking Department DirPctor or their rPspective designees bPcause
the vehicle was improperly towed or impounded shall be released to the vehicle owner without
24
charge, and the Palice Department or P�rking Department, shall pay F�ermittae the discounted
City rate of $120.00 for such taw. Any order by the �hief of Police, the Parking Department
Director ar their designees to release a vehicle under this Section 16 shall be in writing via
emaiE or text. {n instances where a vehicle has been improperly towed and such vehicle belongs
ta a disabled operator, Permittee shall deliver said vehicle ta the original scene af the tow or to
such ather locatian within the City(as dir�cted by the City) and the City shall pay Permittee the
discaunted City rate of�120.00.
17. IMPOUND REPORTSI4VItNER Nt�TI�ICATIC}N
When the Gity requests that a vehicle be towed, the City and Permittee shall camply
with Section 713.78, Florida Statutes (attached hereto).
18. VIEWING O� IMPQUfVDED VEHICLES
The City interprets Section 713.78(10}, Florida Statutes, ta establish that Permittee is
rrrinimally required to permit vehicle or vessel awners, fienholders, insurance company
representatives, or their agents to inspect an impaunded vehicle or vessel and to remave all
personal praperty npt affixed to the vehicle ar vessel which was in the vehicle or vessel at the
time the vehicle or vessel came into the eustody of the Permittee, but nat to prohibit Permittee
from permitting a person who rented a rental vehicle to inspect an impounded rental vehicle
and remaving 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
ta permit a person wha rented an impounded rental vehicle to inspect such vehicle and to
remave all persanal property nat affixed ta the vehicle which was in the vehicle at the time the
vehicle came inta the custody of the Permittee. Permittee shall allow impounded vehicles or
vessels to be inspected in accordance with Section 713.78(10), Florida Statutes.
25
19. VEHICLE RELEASES
Permittee shall release an impounded vehicle, vessel, or ail 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 rentai vehicle or vessel pursuant to
�.S. 713.78(10), Permittee shaN not require that any document, including but not limited to, a
written agreement praduced 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 discretian decline ta release the rental vehicle or vessel so long as said suspicion or doubt
is reasonable under the circumstances. The Permittee shall not reiease any vehicle that has
an active "police hold".
A photocopy of the documentation and of the photo ID used for the vehicle release shall
be attached to the copy of the vehicle storage receipt. Such copies shall be cleariy
legiblelidentifiable.
Notwithstanding the preceding, or any other term or condition of the Permit, Permittee
shall be solely respansible for whatever means and methads, as it deems necessary to ensure
and ascertain that a vehicle has been released ta the registered awner 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 parkies, as a result of an improper or erroneous release of a vehicle
by Permittee.
z�
All vehicles that have not baen claimed shall be disposed af according to applicable law.
Permittee will be required, +,vithin three (3 j days after a sale ar, if a title is su�rendered for
payment, to submit to th� City a detailed listing of the vehicle identification number, tow receipt
number, police case number {if applicable), year, make, model of vehicle, manies received,
and the purchaser's name, address and local telephone number.
fn 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, infarmatian
shall be recorded as ta the name, address, and local telephane number ofi the person ar
company that takes possession.
In cases where the regis#ered 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 natify 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 shail have the right to bid on
such vehicles and may obtain title upan payment of tawing and storage charges, and casts of
the sale, provided there are no ather bidders. The City Manager sha{I designafe an MBPQ
representative to track the vehicle auctians and make the appropriate bidding on behalf of the
City.
2Q. EMERGENCY TOWING QF ClTY VEHICLES
Permittee shall prc�vide emergency towing services for City vehicles, at no charge to the
City, for a maximum c�f sixty-five {65) vehicles per year (each an "�mergency Tow"), up�n
written request from the Chief of Palice, Parking De�artment Director, the City Manager and/or
27
their respective designe�s. Each P�rmittee shall provide such services for one month at a time,
on a rotating basis with the other Permif�ee. This ssrvice is design�:d to remave, and secure
vehicles owned or leased by the City which become disabled, crime or witness vehicles, and
I�gally parked vehicles which require relocation for pubRic safety reasnns (See also Section 13
herein). This emergency towing service shall not be used for jump starts nr door openings
{a/k/a "lackouts") outside the limits af the City. Such emergency towing services are limited to
Miami-Dade Caunty and �raward Caunty. After meeting the annual maximum af sixty-five (65)
Emergency Tows, the City shall pay Permittee $50.00 dollars per tow in Miami-Dade County,
and $100.(70 per taw in Broward County, for any additional Emergency Tows. Permittee shall
submit all bills pursuant ta this Section 2Q to the Palice Department or Parking Department.
The Police Deparkment or Parking Qepartment shall pay Permittee within thirty (30) days of
Permittee billing the Palice Department ar Parking Department.
Permittee may receive requests for emergency tawing af Gity vehicles from the Chief af
Police , Parking Department Qirector, or the City Manager and/or their respective designees
(collectively, "Gity D�signees"), wha will provide Permittee with the follawing information, in
writing:
1. location of the vehicle, with the nearest street address;
2. make, year, model and tag number of the City vehicle, together with all
information available as to the condition af the vehicle;
3. name of the City employee o�erating the vehicle; and
4. reason for the tow (i.e. disabled, accident scene, etc.)
The Permittee shall tow and rekurn a disabled City vehicle to the Mechanical
Mainfenance Garage at 140 MacArthur Causeway ar such ather adciress within the City to hs
designated by the City Llesignee requesting the tow. Disabled Police Department vehicles may,
28
upon written request from the Palice Chief or designee, be towed ta the Miami E3each Police
Statian at 110Q Washington F�venue.
21. ABANDCINED \fENICL.ES
Permittee shall remave abandoned vehicles on public streets, highways, right of ways,
and other Gity ar publicly awned property, upon request of the City Designee. Far purposes of
this sectic�n, the terrrt "vehicle" shal{ include, without limitation, automobiles, trucks, truck
badies, and house trailers (including vehicles which may be partly or entirely dismantled ar
consist of only a rnajor portion of the body or framewark�.
A Police afficer or a City Parking Enforcement Specialist shall issue and affix stickers
on abandaned vehicles. After a minimum of two (2) days, if the vehicle is nat remaved, it may
be towed at the request af the Ci#y Designee. However, vehicles parked where parking is
prohibited, or so as fo be a hazard ar 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 shal! not be
regarded as abandoned.
Permtttee shall comply with Sectian 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 therean.
Abandoned vehicles may be stared at Perrnittee's authorized storage facility, or at a
salvage company located outside the City limits.
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 c�emancis hy any and all narties whatsaever related ta (and including
but not lirnited ta all�ged violation of) Section 713.78, Flarida Statutes (as same may be
29
amended from time to time). The Permittee shall pay all judgments obtained by reason of a
vialation of Section 713.78, Florida Statutes, as specified in suit or suits against th� 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 F'ermittee of any such
suits where Permittee is not named as a party. The failure af City to notify Permittee of such
suit shall relieve Permittee of any and all responsibility or liability under this Section 21.
However, there is expressly excluded fram the faregoing abligations to indemnify those Claims
resulting from the gross negligence orwillful misconduct of the City.
22. MAXlMUM ALLOWABLE RATES
Pursuant to Section 106-219, the City Cammissian hereby establishes the following
maximum allawable rates for tawing, removal, and storage services provided under the Permit
("Maximum Allowable Rates"). The Permittee shall not charge in excess nf the fallowing
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 Ctass "A" Tow Truck and Class A Car Carrier
Including flrst 30 minutes at the scene $274.00
Tow Rate Class "B" Tow Truck
Including first 30 minutes at the scene $274.00
Tow Rate Ctass "G" Tow Truck
Inr,luding first 30 min�.ites at the scene $301.00
30
Should the Permittee nat own or lease a Class "C" Tow Truck, the City then
authorizes the Permi�tee ta subcontract said wrecker and to charge a maximum
of$356.00.
Tow Rate Class "D" Taw Truck
Inciuding 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 subcantract said wrecker and ta charge a maximum
of$547.00.
B. Underwater recovery:
Should the Permittee not offer this type of recovery service, the City then
autharizes the Permittee to subc�ntract said service and ta charge the actual cost
the subcontractor charged the Permittee for the service.
C. Special and additional charges:
1. Starage:
In accordance with Sectivn 713.78(2), Flarida Statutes,the first six(6} hours
of storage must be vvithout any charge. The Permittee must affirmatively
document the date and time each tawed ar 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 regisfered owner.
The time must be documented utilizing an electronic time-keeping stamping
device, which reflects the time either in military format or including a.m./p.m., as
applicable.
The fallowing starage rates shall �pply per day:
Inside-Interior and outside-exterior storage
31
(a) Motorcycles or Scoaters $23.00
(b} Any vehicle iess than 20 $45.Q0
feet in length and 8 feet in width
(c) Any vehicle over 2Q 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:
Cast 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 nr any fraction thereof, may be assessed
(cammencing 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.
3. Administrative Fee:
Pursuant to Sectian 713.78(2)(b), Flonda Stafutes, 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 .Secti�n 713.78(2)(a).
Although Section 713.78(15)(a), Florida Statutes, authorizes Permittee to charge
32
a $250.00 administrative fee for releasing a claim af lien an an irnpaunded vehicle
or vessel, Permittee voluntarily agrees to charge a $150.00 administrative fee
plus the �ctual costs of camplying with Section 713.78, Florida Statutes.
Beginning on the first anniversary of the issuance of this permit and on each
anniv�rsary thereafter during the initial permit term, the administrative fee shall
increase by $5.Q0 per year not to exceed $16Q.00. �`Administrative fee" as used
in this Sectinn 22(C)(3) shall h�ve the same meaning ascribed to it in Section
713.78(15)(a), Florida Statutes. Permittee voluntarily agrees not to impose the
administrative fee under the following circumstances:
• For vehicles owned by Miami Beach Residents, provided the resident
presPnts proof of residency within the City and the driver's license
infarmation matches th�: registration af the tower vehicle
• For vehicies with a "police hold" until the hold is rPmoved.
• Far any vehicle released at the written request of a City Designee to the
extent such release autharity is granted pursuant to Section 16 of these
Administrative Rules and Regulations.
4. City Permit Fee:
Permittee will impase and collect on behalf of the City a Permit Fee of$33.00.
5. Indexing Provision:
The City Manager or designee shall adjust the maximum allowable rates and fees
on C)ctober 1 of each permit year by the annual percentage change, whether
increase or decrease, in the Consumer Price Index (CPI) for the Miami-Fort
La�ac��rc�ale-lhlest P:�Im Beach, Flnrida area, as publ�shed by thp Bureau of La!?ar
Statistics of the United States Department of Labor (Series ID CUURS35BSA0)
33
using the 12-month average for the preceding June. Natwithstanding the
faregoing, no increase ar decrease pursuant to this Section 5 sha{I exceed 3%.
ff Permittee desires ta propase a rate ar fee increase greater than 3%, Permittee
shall submit that request, in writing, to the City Manager. Any increase greater
than 3% shali require City Commission approval follawing review by the Finance
and Economic Resiliency Committ��.
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 af$150.00 in Sectian 22(C)(6) shall not be adjus#ed pursuant to the
faregoing pravisions.
6. Miami Beach Resident Rate:
City of Miami Beach residents shafl receive a discounted rate af$150.00 for Class
A tows. Storage charges wi{I not apply to City of Miami B�ach residents for the
first twenty-four (24) hours. In order to be eligible for the Miami Beach Resident
Discaunt and waiver af the administrative fee, 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 al{ City residents that receive the Miami Beach resident rate,
which 4ng shall be available for inspection and copying by the City Manager ar
designee, upon request. Permitkee shall prominently post a sign displaying the
Maximum Allowable Rates for both City and non-City residents within the area(s)
an its premises cfesignated for the vehicle owner ar their agent to transact
�?llSIC1G'CS.
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7. Crime Victim Rate(Witness Rate/Giscretionary Rate
Upon wriften notification from the Chief of Police or hislher designee that fhe
registered awner of a vehicle that was t�wed by the Police Department was a
crime victim, a witness to a crime, or upon written notification from a City
Designee that the owner shauld not be charged for the taw based upan 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 nf $50.00 per tow.
After the first 5 days, in addition to the$50.00 charge, the Gity shall pay Permittee
all applicable storage fees. Permittee sh�ll provide the discounted rate af$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 whn were a witness to a crime; and (ii) 12
vehicles per year for vehicle owners wha were granted a Discretionary Rate. The
City hereby waives its right to the Permit Fee far any vehicle owner who was a
crime victim or witness to a crime and for any vehicle owner who receives a
discounted 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. Fuef 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 mare per gallan in the City af
Miami Beach.
9. F(ash Fload Warning Resident Rate
fn the �vPnt the National Weather Service iss�aes a Flash Flood Warning fe�r an
area that includes the City, during such period, Permittee agrees to taw any
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vehicle owned by a resident that is disabled in flood waters within the City to any
iocation 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, canditions are unsafe for personnel.
23. RESPONSIBILITY FOR PAYMEN7
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.
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 c�f the registered owner. In accordance with Sect�on 713.78(19)(b), Florida Statutes,
any of the authorized persons listed in Section 713.78(10), Florida Statutes, are not required
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to furnish more than one form of eurrent gov�mrnent-issued photo identification when payment
is made in any af the forms listed herein.
Permittee shall install and continuously operafe and maintain in gaod working order �t
least one(1)automatic teller machine (ATM)on its prernises. Each ATM must allow for a single
withdrawal limit of no less than five hundred dallars ($500.00). In the event the credit card
processing equipment is nan-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 wifhdrawal fee against the tatal charges due.
24. WAIVER OF "DRfJP FEES"
Drap fees occur when a vehicle owner (or ather legally authorized person in control of
the vehicfe) arrives on the scene of a tow, prior ta removal of the vehicle from the scane, and
the vehicle has been engaged (hooked) by the taw truck but has not left the scene. Although
�lorida law and Section 1Q6-261 af the City Gode allaws Permittee to assess a "drop fee" (af
not more than 50% of the posted towing rates), Per�nittee hereby agrees to voluntarily waive
any and all drop fees for registered vehicle nwners ar other legaffy autharized persan(s) in
control of the vehicle arriving at the scene prior to the rernoval or towing of the vehicle. The
provisinns of this section shall not apply where the Police Department has placed a hold on the
vehicie ar the vehicle has an "impaundment arder" pursuant to Sec. 30-389.4(d) of the Code
of Miami-Dade County, Ffarida.
25. REPQRTS AND FILES
The Permittee shall be the custodian of all records related to .fowing, storage,
impaundment, notificatian, and auctian of vehicles towed by authority of the City. Such records
shall be maintain�d at the Permittee's principal pla�e of business within the �ity and refained
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for a minimum of three (3) years follawing 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
• Provides secure data backup and recavery capabilities.
The use of a City-approved digital recordkeeping system does not relieve the Permittee
of its obligatian 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 shali 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
� o .1,�el�icle s#cra��� r�c�i�t (;r-iclu�Jing yeHow and ga!denrou �c;�i�s if
maintained in paper form) containing the following inforrnation: the reason
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for impoundment, vehicie description, date and time towed, location towed
frnm and to, date and time released, praof of ownership notification, and
all itemized charges.
For paper records, the yellaw 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 informatinn 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 Department;
« An impaund 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
distributian of funds; and
• A log of vehicles held under police hold.
All logs shall be maintainecf in a sequential, searchable rnanner 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
F'ermittee sha!! provic�e r�asor�ab�� �,�or�;space, ;r7ck�a����g a table and chair, for �ity
representatives conducting on-site inspections.
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26. FORWARDIhlG REPORTS TU THE POLICE DEPARTMENT, AND PARKING
DEPARTMENT
A. General Requirement
The Permittee sh�lf be solely responsible �or providing the City with access to all
required reports and recards throughout the duration of the Permit.
B. Digital System in Lieu of physical Submittals
When the Permittee utilizes a City-appraved digital recordkeeping system to which the
Police Department and Parking Departrnent have direct access, the monthly physical
submissian of reports listed belaw shalf not be requir�d, pravided that: (i} all required recards
are camplete, accurate, and timely entered into the system, and (ii) the City has cantinuous
access to view, export, and audit such recards.
C. Required Reports if Digital Access !s Not Available
If no City-approved digital system is in use, ar if City access to such systern is
unavailable for any reason, the Permittee shail submit the following reports ta 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 cornpleted invoices;
• Original log of all calls fior service;
• Qriginal log af all vehicles under police hald;
• Original impaund and notification lag;
• Original pre-auction vehicle log;
• Copy of public auction notice at least ten (10) days prior to auctian; and
m Qrigin�l �ost-auctio�� io�. . '
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All submissions shail be legible, and ariginals shall be provided upon request by the City
Manager or designee.
27. INSPECTIDNS AND AUDfTS
Permittee agrees that afl 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 C(?NDUCT
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
ft is the sole responsibility of Permittee ta address customer service issues in a polite,
courteous, and respectful manner, regardless of the comportment of the complainant. Clearly,
verbaf 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 Cade, 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 Poiice 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 thereofl within fiv?(5� business days from receipt of the complaint.
The Permittee shall provide written explanation and information with respect to the particular
41
cc�mplaint, within five (5) business days from notice by the City. Permittee's respons� shal!
include identificatian of any propased resolutian(s) and corrective measure(s) ta be taken.
A written disposition of the complaint will be forwarded to the Perrnittee (and
complainant) upan complstian of the City's investigatian. The City Manager reserves the right,
in his/her sale discretian, to require Permittee to refund all or any partion of the towing fees to
a camplainant, as fiquidated damages, should the City rule in favor of the camplainant.
If there have been three(3)ar mare credible complaints fiied 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 ta thirty(30) days in accordance with Section 106-220 of the City Code. The City shall be
the sale judge of what constitutes a credible camplaint.
30. "HUW'S MY DRIViNG?" PRQGRAM
Permittee shall be required ta es#ablish and continuously c�perate a tow truck driver
safety improvement program, through an independent third-party saurce that will establish a
telephane can#act and e-mail cantact far receipt af complaints regarding unsafe tow truck
operator driving throughout #he City, which will be addressed by the Permittee to the
satisfaction af the City Manager. Each vehicle will prominently display cantact informatian for
the public to report issues relating to the taw truck operator's driving. Upon request of the City
Manager, Permittee shall provide a report frc�rn the independent third-party saurce 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 appraved by the City
Manager, which appraval shall no# be unreasanably withheld. Any changes ta the approved
Proc�ram shall alsa be suhieGt tn the �!�iar�n��ri�en approval �f the City Manager.
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31. GUSTOIVIER SERVICE/CQNDUGT
It is the City's intent to ensure the highest levels af customer service are provided to its
residents, visitors, and tourists. To this end, all Permittee shall provide its employees, agents
cantractors, 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 situations, demeanor/body language,
and conflicf resolutian. All of Permittee's employees, agents, contractors or servants that have
contact with customers or with the general public will be requircd to camplete these trainings
and Permittee is to provide the City with proof of campletions an a biannua{ basis.
32. ClTIZ�NS BILL OF RIGHTS F4R TOWING
Permittee shall establish and continually operate and maintain a bilingual inforrt�rational
campaign, advising a vehicle owner who has been towed af their rights and important related
information, including tow rates, methods af payment, and complaint contact information. Priar
to implementation, the aforestated campaign shall be reviewed and approved by the City
Manager ar designee, which approval shall not be unreasonably withheld. Any changes to the
approved campaign shall alsa require the priar written approval of the City Manager or
designee. Following approval of the Towing Bilf of Rights, Permittee sha11 past notice on all of
its service vehicles, identifying ta 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 "na drap fee" pravision in Section 24.
Tha notice an 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. NC7N-DISCRlMINATIQN POLICY
In connectian with the p�rfc�rman�e �f w�ork/senr�ces under this Permit, PermitXeP shall
not exclude from participation in, deny the benefits of, or subject to discrimination anyone on
43
the graunds of race, color, national origin, sex, age, disability, religian, income or family status.
Additianally, Permittee shall camply fully with the City's Human Rights Ordinance,
codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting
discrimination in employment, housing, public accommodations, and public services on
account of actual or perceived race, color, national origin, religion, sex, intersexuality, gender
identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight,
domestic partner status, labor organization membership, familial situation, 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 orientatian, marital and familial status, age, disability, ancestry, height,
weight, domestic partner status, labor organization membership, familial situation, ar 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-
cornpliance 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 taws to
Permittee under the Permit until compliance, and/or suspension or revocation of the Permit in
accordance with Section 106-220 af the City Code. In the event the City suspends or revokes
the Permit pursuant to this Section, Permittee shall nat be relieved of liability to the City for
damages sustained by the City by virtue of Permittee's breach.
34. ASSIGNMENT
Permittees shall not assigr?, transfpr, convey, sublet or�therwise dispose of this Permit,
or of any or all of its rights, title or interest therein, or its or its power to execute such
44
permit, to any person, company or corporation without the prior written consent of the City
Cammission.
35. INTENTIONALLY UMITTEQ
36. CHANGES IN ADMINISTRATiYE 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 Allowabfe 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 15t of each year during the Permit term.
37. CITY CUDE AND ADMINISTRATIVE RULES ANQ REGULATIONS INCORPORATEQ
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 �r� interpret�tion of State Law, as set forth in these R�IPs and
Regulations and, in which case, the Administrative Rules and Regulations shall govern.
45
ke+m� '
� � � ,.4
PARKING DEPARTMENT
DATE: February 17, 2026
TO: Mayor Steven Meiner
FROM: Claudia Wong
SUBJECT: Towing Permits
CC
FOC: �chcck the one that applies�
Information Onl
Review and A roval
Cit Mana er's Si nature
X Ma or's Si nature
Other
Comments:
Attached is the Towing Permits that were approved via
Commission meeting on February 5, 2026.
Return to:
Claudia Wong ext.26049