2000-24130 RESO
.'
RESOLUTION NO. 2000-24130
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5!7THS
VOTE, THE COMPETITIVE BIDDING REQUIREMENT AND
APPROVING A TWO (2) YEAR TOWING PERMIT WITH BEACH
TOWING SERVICES, INC. AND TREMONT TOWING SERVICES,
INC., RESPECTIVELY; COMMENCING ON DECEMBER I, 2000,
AND EXPIRING ON NOVEMBER 30, 2002, WITH OPTIONS TO
RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS,
AT THE SOLE DISCRETION OF THE CITY; FURTHER
APPROVING THE ELEVENTH AMENDMENT TO THE
ADMINISTRATIVE RULES AND REGULATIONS FOR THE
POLICE DEPARTMENT AND PARKING DEPARTMENT TOWING
PERMITS; SAID AMENDMENT PROVIDING FOR MUNICIPAL
CODE REQUIREMENTS.
WHEREAS, Chapter 106, Article V, of the Miami Beach City Code, provides for police
vehicle towing permits for the towing of vehicles identified by the City as requiring removal from
public and private property; and
WHEREAS, on September 25, 1991, pursuant to Request for Proposals No. 1-91/94, for
providing police towing services in the City of Miami Beach, the Mayor and City Commission
selected Beach Towing Service, Inc. (Beach Towing) and Tremont Towing Service, Inc. (Tremont)
as the successful proposers to provide these services, for an initial term commencing on October 1,
1991, and expiring on June 30, 1995; and
WHEREAS, on June 21,1995, pursuant to Resolution No. 95-21615, the Mayor and City
Commission extended the permits issued to Beach Towing and Tremont for a fifteen (15) month
period that commenced on July 1, 1995, and expired on September 30, 1996; and
WHEREAS, on September 25,1996, the Mayor and City Commission approved another
sixty (60) day extension, commencing on October 1, 1996, and expiring on November 30, 1996,
extending said permits to provide adequate time for finalizing negotiations and continue service
during the period when the Administration and the City Commission were considering amendments
to the Administrative Rules and Regulations for Police Department and Parking Department Towing
Permits; and
WHEREAS, on November 20, 1996, pursuant to Resolution No. 96-22209, the Mayor and
City Cornmission waived, by a 5/7ths vote, the competitive bidding requirement and approved an
extension of the towing permits to Beach Towing and Tremont, for a period of two (2) years,
commencing on December 1, 1996, and expiring on November 30, 1998, with two (2) additional one
(1) year options, to be renewed at the sole discretion of the City; and
WHEREAS, on November 18, 1998, pursuant to Resolution No. 98-22974, the Mayor and
City Commission approved the first of the two (2) one (1) year extensions of the towing permits,
cornmencing on December 1, 1998, and expiring on November 30,1999, with a one (1) year option,
to be further renewed at the sole discretion of the City; and
WHEREAS, on December 1, 1999, pursuant to Resolution No. 99-23406, the Mayor and
City Commission approved the second of the two (2) one (1) year extensions of the towing permits,
cornmencing on December 1, 1999, and expiring on November 30,2000; and
WHEREAS, the Administration is satisfied with the level of service provided by both
Beach Towing and Tremont; and
WHEREAS, as Beach Towing and Tremont are the only two service providers which satisfy
all requirements, as stipulated in Section 106-256 of the Miami Beach City Code, including the
ability to provide storage facilities within the City limits, the Administration recommends that the
Mayor and City Commission waive, by 5/7ths vote, the competitive bidding requirement and herein
approve a two (2) year towing permit with Beach Towing and Tremont respectively; commencing
on December 1,2000, and expiring on November 30, 2002, with options to renew for three (3)
additional one (1) year periods, at the sole discretion ofthe City; and
WHEREAS, the Administration further recommends that the Mayor and City Cornmission
approve the attached Eleventh Amendment to the Administrative Rules and Regulations for the
Police Department and Parking Department Towing Permits; said amendment providing for
municipal code requirements; and
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Cornmission, upon recommendation of the Administration, herein waive, by 5/7ths vote, the
competitive bidding requirement and approving a two (2) year towing permit with Beach Towing
Services, Inc. And Tremont Towing Services, Inc. respectively; commencing on December 1, 2000,
and expiring on November 30, 2002, with options to renew for three (3) additional one (1) year
periods, at the sole discretion of the City; and approve the attached Eleventh Amendment to the
Administrative Rules and Regulations for the Police Department and Parking Department Towing
Permits; said amendment providing for municipal code requirements.
PASSED AND ADOPTED this 18th day of
October
,2000
~l
MAYOR
APPROVED AS IU
FORM & LANGUAGe
& FOR EXECUTION
ATTEST:
_~'o rewA--
CITY CLERK
JMG/CMC/JG/SF
T:\AGENDA \2000\OCT1800\REGULAR\TOW ADll.RES
141.~4- ~
City Attorney
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
httn"\\r.i miAmi_hAAr.h fI lie.
TO:
FROM:
SUBJECT:
COMMISSION MEMORANDUM NO. 19Cf-oo
Mayor Neisen O. Kasdin and
Members of the City Commission
October 18, 2000
DATE:
Jorge M. Gonzalez\ ..~
City Manager 0" G
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, WAIVING, BY 5/7THS VOTE, THE
COMPETITIVE BIDDING REQUIREMENT AND APPROVING A TWO (2)
YEAR TOWING PERMIT WITH BEACH TOWING SERVICES, INC. AND
TREMONT TOWING SERVICES, INC., RESPECTIVELY; COMMENCING
ON DECEMBER 1, 2000, AND EXPIRING ON NOVEMBER 30, 2002, WITH
OPTIONS TO RENEW FOR THREE (3) ADDITIONAL ONE (1) YEAR
PERIODS, AT THE SOLE DISCRETION OF THE CITY; FURTHER
APPROVING THE ELEVENTH AMENDMENT TO THE
ADMINISTRATIVE RULES AND REGULATIONS FOR THE POLICE
DEPARTMENT AND PARKING DEPARTMENT TOWING PERMITS; SAID
AMENDMENT PROVIDING FOR MUNICIPAL CODE REQUIREMENTS.
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
ANAI.YSIS:
The towing service providers Tremont Towing located at 1916 Bay Road, Miami Beach, Florida and
Beach Towing, located at 1349 Dade Boulevard, Miami Beach, Florida, currently have a permit
issued by the City to provide towing service to the Police and Parking Departments. On November
20, 1996, the Mayor and City Commission waived by a 517ths vote, the competitive bidding
requirement, and approved an extension ofthe towing permits for a period of two years, to expire
on November 30, 1998. On November 18, 1998, the Mayor and City Commission approved two (2)
additional one (1) year options, to be renewed at the sole discretion of the City. The second one (1)
year option will expire on November 30, 2000.
The Administration and City Attorney have reviewed and recommended the following amendments
to the "Administrative Rules and Regulations for the Police Towing Permit":
AGENDA ITEM
12-10-
I (). \ ~-OO
DATE
Section 2.1 Tows with Police Holds
In cases where a vehicle has a "police hold" pursuant to a violation of section 106-313 of the Code
of the City of Miami Beach- the Vehicle Impoundment Ordinance - Permittee agrees to reduce
removal, towing and storage charges when ordered by the City's special master in cases where the
special master finds that the City did not establish probable cause at the preliminary or final hearing
and/or when the special master determines the existence of a meritorious defense or financial
hardship. In any case, Permittee shall receive a minimum of $20.00 for each vehicle removed
pursuant to this violation. In accordance with paragraph 2.1, after the first five days of storage, or
sooner ( excluding Saturdays, Sundays and observed legal holidays), all vehicles impounded for a
violation of the Vehicle Impoundment Ordinance shall also be removed by Permittee to the Police
Department without charge; this requires the amendment ofthe affected provisions within the towing
permit.
Section 5
Locations Changes ofImpounded Vehicles
This amendment is a nomenclature revision as the "Police Evidence Property Unit" will be referred
to as the "Police Property Management Unit". This amendment is also reflected in Section 12 of the
Permit.
Section 23.3 Responsibility for Payment
Permittee shall install Automatic Tel1er Machines on premises.
Section 31.4 General Terms
Permittee shall abide by all applicable State, County and Municipal Laws and regulations regarding
impoundment and storage of vehicles.
Section 36
Equal Employment Opportunity/ADA Non-Discrimination Policy
In connection with the performance of this Agreement, the Permittee shall not discriminate against
any employee or applicant for employment because of race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, or physical handicap. The Provider shall take
affirmative action to ensure that applicants are employed and that employees are treated during their
employment without regard to their race, color, religion, ancestry, sex, age, national origin, place
of birth, marital status, disability, or sexual orientation. Such action shall include, but not be limited
to the following: employment, upgrading, demotion, or termination; recruitment or recruitment
advertising; layoff or termination; rates of pay, or other forms of compensation; and selection for
training, including apprenticeship. Permittee agrees to adhere to and be governed by all applicable
requirements of the laws listed below including, but not limited to, those provisions pertaining to
employment, provision of programs and services, transportation, communications, access to
facilities, renovations, and new construction.
The American with Disabilities Actofl990 (ADA) Pub.L. 101-336, 104 Stat 327, 42 U.S.C. 12101-
12213 and 547 U.S.C. Sections 225 and 611 including Title I, Employment; Title II, Public Services;
Title III, Public Accommodations and services Operated by Private Entities; Title IV,
Telecornmunications; and Title V, Miscel1aneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.C. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended, 42 U.S.C. Section 3601-3633.
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
Agreement until compliance and/or cancellation, termination, or suspension of the Agreement, in
whole or in part. In the event the City cancels or terminates the Agreement pursuant to this Section,
Permittee shal1 not be relieved ofliability to the City for damages sustained by the City by virtue of
Provider's breach of the Agreement. The City's Disability Non-Discrimination Affidavit is attached
hereto as Exhibit "A".
The Administration is satisfied with the level of service provided by both Beach Towing and
Tremont Towing. Both are the only two service providers currently known to satisfy all requirements
as stipulated in the City's towing permit requirements, including the ability to provide storage
facilities within the City limits, the Administration recommends that the Mayor and City
Commission, by 5!7ths vote, herein continue to waive the competitive bidding requirement, finding
such waiver to be in the best interest of the City. Furthermore, the Administration recommends that
the Mayor and Cornmissioners approve the Eleventh (11th) Amendment to the Administrative
Rules and Regulations for the Police Department and Parking Department Towing Permit; and
approve a two (2) year permit with an option for three (3) additional one (1) year periods, at the sole
discretion of the City; said permit commencing on December 1,2000, and expiring on November
30, 2002.
JMG/C~JG/SF 8\iL
T:\AGENDA \200010CT1800lREGULARITOWREG 11.CME
CITY OF MIAMI BEACH
POLICE DEPARTMENT
AND
PARKING DEPARTMENT
TOWING PERMIT
AMENDMENT
NO. 11
ZooO-tYtJO
CITY OF MIAMI BEACH POLICE DEPARTMENT AND
PARKING DEPARTMENT TOWING PERMIT AMENDMENT NO. 11
CONTRACT AWARDED TO:
BEACH TOWING SERVICES, INC. AND TREMONT TOWING SERVICES, INC.
CONTRACT REPRESENTATIVESrrITLE:
MARK FESTA, OWNER/PRESIDENT, BEACH TOWING SERVICES, INC.
EDWIN F. GONZALEZ, OWNER/PRESIDENT, TREMONT TOWING, INC.
CONTRACTOR ADDRESS:
BEACH TOWING SERVICES, INC. 1349 DADE BOULEVARD, MIAMI BEACH, FLA. 33139
TREMONT TOWING, INC. 1916 BAY ROAD, MIAMI BEACH, FLA., 33139
TERM:
THE TOWING PERMIT COMMENCES ON DECEMBER 1,2000 FOR A TWO (2) YEAR
PERIOD EXPIRING ON NOVEMBER 30, 2002, WITH AN OPTION FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SOLE DISCRETION, OF THE CITY OF
MIAMI BEACH
ALL REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT,
AMENDMENT NO. 11 (SEE ATTACHED) IS HEREBY IN FORCE AND EFFECT UPON THE
APPROVAL OF THE AWARD OF THE TOWING PERMIT TO BEACH TOWING SERVICES,
INC. AND TREMONT TOWING SERVICES, INe. BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH.
IN WITNESS WHEREOF THE SAID CITY HAS CAUSED THIS AGREEMENT TO BE SIGNED
F THE CITY OF MIAMI BEACH, FLORIDA AND ITS' CORPORATE SEAL
TY CLERK OF THE CITY OF MIAMI BEACH AND
THIS AGREEMENT TO BE SIGNED IN I~\"")lIlHlih,,1.
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ATTEST:
UlwtJ
NEISEN O. SDlN, MAYOR APPROVED AS ~OBERT PARCHER, CIT CLERK
CITY OF MIAMI BEACH, FLORIDIfoRM & LANGU~TY OF MIAMI BEACH, FLORIDA
& FOR EXECUTION
1Jt~~ . Ll- "?-dV
Aflon'iIIV ~ 0aIe
1. COMMUNICATION SYSTEM
Beach Towing and/or Tremont Towing from here on referred to as Permittee shall provide
its own two-way radio or approved alternate equivalent communication system. In addition
it shall provide the Parking Department with a radio to communicate with its company. The
communication system shall be between the Permittee's base station and service trucks
utilized in providing towing service for the City.
2. STORAGE FACILmES
The Permittee shall have available outside storage for a minimum of one hundred (100)
vehicles. Said storage area will be enclosed in accordance with applicable zoning
requirements to assure maximum security for impounded vehicles. Permittee shall surround
the storage facility with a chain-link fence or solid wall type fence at least six (6) feet high.
The storage facility shall be sufficiently illuminated to reveal persons and vehicles at a
distance of at least 150 feet during night time. All vehicle keys shall be secured separately.
The Permittee shall provide a completely enclosed inside storage area (solid walls, roof and
access door) for at least five (5) vehicles. Said area will be secured from unauthorized
persons. The City shall designate temporary storage if necessary where towing is required
for special events. In the event all storage facilities of any Permittee are filled to capacity,
the Permittee shall NOT be relieved of responsibility to perform and is required to make such
arrangements for storage as will fulfill the requirements of the City. All storage space used
which is not listed in the original application must meet the requirements of the permit. No
storage space or area shall be used unless prior written approval is obtained from the Miami
Beach Police Department or Parking Department. Storage must be within the City limits of
1
Miami Beach for a minimum of seven (7) days, after which vehicles may be removed to a
facility, meeting the requirements of the contract, outside the City limits of Miami Beach but
within Dade County, Florida. Any vehicles with a "police hold" or vehicles which are
recovered stolen shall not be stored outside the city limits of Miami Beach. Permittee may
not charge an additional towing fee for removal of any vehicle from the city limits of Miami
Beach for storage. An owner claiming a vehicle stored outside the city limits of Miami
Beach shall be given the option of free transportation to its vehicle or having its vehicle
retumed to the Permittee's Miami Beach storage facility without charge. Unless otherwise
instructed by the City Manager or its designee, all vehicles towed at the request of a parking
enforcement specialist or the police department are to be stored at the Permittee's storage
facility. No storage charges shall be applicable for any vehicles which, at the request of the
City Manager or its designee, are stored at a City facility. The Permittee shall have a
permanent on-premises office which shall be staffed on a 24-hour basis by at least one
employee or security guard. Permittee shall provide security on the premises in the form of
one or more of the following: night watchman or dispatcher, dog, cameras, or security guard
service.
2.1 TOWS WITH POLICE HOLD
Vehicles impounded with an evidence hold, investigative hold order, confiscations hold, or
other "police hold" pursuant to Miami Beach Police Department instructions, may be stored
for a period of up to five (5) working days, excluding Saturday, Sunday and City of Miami
Beach observed legal holidays, at no charge for regular storage for the first five (5) days or
until the "police hold" is released, whichever occurs first. After that time, if the vehicle
2
needs to be held (police hold) for a longer period of time, the Miami Beach Police
Department may have the vehicle removed by the Permittee to a city storage facility (City
of Miami Beach Police Department), without charge to the City.
After the first five (5) days (excluding holidays and weekends) of storage are exhausted, the
Miami Beach Police Department shall provide the Permittee written notification to continue
the hold and either remove the vehicle or retain the vehicle at the Permittee lot. If the
Permittee does not receive that written notification to continue the hold, the Permittee may
release the vehicle to the ownerllienholder in accordance with FS 713.78. The Permittee
shall notify the Miami Beach Police Department of an impending release of a vehicle with
a police hold prior to releasing the vehicle to the owner. If the Miami Beach Police
Department has the vehicle removed from the Permittee's lot, and the vehicle is subsequently
released to the owner, the owner will be responsible for the initial tow and Storage for the
number of days the vehicle remained at the Permittee's lot. This will not include the tow to
or from the City storage facility. However, if the Miami Beach Police Department chooses
to have the vehicle remain at the Permittee's lot, the Miami Beach Police Department shal1
be responsible for any storage charges incurred after the initial five (5) days (excluding
holidays and weekends). The towing and storage rates charged to an ownerllienholder shall
not exceed the rates that would be charged to the Miami Beach Police Department. When
the Miami Beach Police Department orders a vehicle involved in a criminal investigation to
be towed to the police station, or a location other than the Permittee's lot, the towed vehicle
may be released from such location to the ownerllienholder upon approval by a police
supervisor. Under this procedure, the Miami Beach Police Department agrees to pay for such
3
tows so ordered.
All Police Holds must include the following:
1. Name and agency of the Law Enforcement Agency.
2. Date and time the hold is placed on the vehicle.
3. A general description of the vehicle, including color, make,
model, body style and year, VIN, registration plate with state
and year, and validation sticker number with state and year.
4. The specific reason for placing the hold.
5. The condition of the vehicle.
6. The location where the vehicle is being held.
7. The name, address and phone number of the tow company storage
facility .
ALL VEIllCLES SHALL BE STORED INSIDE THE DESIGNATED STORAGE FACILITY
AT ALL TIMES.
:tL In cases where a vehicle has a " police hold" OUTmant to a violation of section 106-313 of
the Code of the City of Miami Beach- the Vehicle ImJlOundment Ordinance- Pennittee a~s
to reduce removal towiOlZ and stOt'lllre charlj!es when ordered bv the City's special master in
cases where the soecial master finds that the City did not establish probable cause at the
preliminary or final bearinll and/or when the !Ulllcial ma.'ller determines the existence of a
meritorious defense or financial hardshio. In aqy case. Permittee shall receive a minimum
of $20.00 for each vehicle removed oursuant to this violation In ac~.nmance with parallraph
2.1. after the first five davs of storalle. or sooner ( excludinq Saturd~s. Sllncl~s and
4
observed lel!a1 holidav!;). all vehicles impounded for a violation of the Vehicle ImpOlmdment
Ordinance shall also be removed bv Permittee to the Police Oe$lartment without char~e.
3. STORAGE PROCEDURES FOR VEIDCLES
The Permittee shall provide storage for impounded vehicles in the outside enclosed area
unless specific written instructions are given for inside storage by the impounding officer,
or vehicle owner. If so required for proper processing for investigative purposes, the
Permittee shall move the vehicles to a designated area within the City of Miami Beach for
processing prior to storage, at no additional charge to the City of Miami Beach or to the
vehicle owner. In any such instance, the City of Miami Beach and the Miami Beach Police
Department shall not be held responsible for making sure that arrangements have been made
for towing and storage prior to release of an impounded vehicle by the City or the Police
Department. All such vehicles shall be firSt returned to the Permittee's property, and then
only the fee for the original tow shall be charged.
4. PROTECfION OF IMPOUNDED VEIDCLES AND PROPERTY
FS 713.78 (7) to requires that when the Miami Beach Police Department requests a vehicle
to be removed from an accident scene, street, or highway, the department shall conduct an
inventory and prepare a written record of all personal property found in the vehicle before
the vehicle is removed by the Permittee. The Permittee shall assume total responsibility
to ensure that an impounded vehicle shall remain in the same condition and retain the same
equipment at time of release that it had at the time it was impounded. The Permittee shall
also assume responsibility for any article(s) of value left in the vehicle and listed on the
Vehicle Storage Receipt. The Permittee shall replace any equipment and/or article upon
verification of the loss by the designated investigative agency representing the City of Miami
5
Beach. If, at the option of the officer at the scene, the vehicle requires special weather
protection, it will so note it on the Vehicle Storage Receipt, and the Permittee shall be
required to cover the vehicle completely with a weatherproof material and shall be allowed
to charge the sum of fifty cents ($.50) per day for this service.
5. LOCATION CHANGES OF IMPOUNDED VEmCLES
The Permittee shall not change the type of storage (inside and/or outside) or storage location
without written approval of the Miami Beach Police Department PEP (peliee E. illeftee
Preperiy) f.MJ.[. (J'ronertv Manllllement UniO Supervisor or authorized its designee prior
to any such change.
6. REQUEST FOR TOW SERVICE
All requests for tow service and removal of traffic hazards shall be made by a parking
enforcement specialist or through the Miami Beach Police Department. When more than one
permit is in effect, the dispatching unit of either the Parking Department or the Police
Department will assign each tow to Permittee on a rotating basis, alternating every tow. The
Miami Beach Police Department reserves the right to cancel a request for services of a
participating Permittee at any time including up to the time of hookup. The Permittee agrees
that the mere response to a service call scene without other action does not constitute a
service for which charges are applicable. Except in situations where a vehicle has a "police
hold" per paragraph 2.1, if the registered owner or other legally authorized person in control
of the vehicle arrives at the scene prior to the removal or towing of the vehicle, the vehicle
shall be disconnected from the towing or removal apparatus, and that person shall be allowed
to remove the vehicle without interference upon payment of a reasonable service fee of not
more than one half of the posted rate for such towing service for which a receipt shall be
6
given, unless that person refuses to remove the vehicle which is otherwise illegally or
unlawfully parked. In those situations where immediate removal of a legally parked vehicle
is necessary in the interest of public safety due to a fire, storm, flood, crime scene, or other
emergency reason and upon authorization of a commanding officer or supervisor of the
Miami Beach Police Department, the Permittee shall remove said vehicle to the nearest
public parking area available at no cost to the City or to the owner of the vehicle. If a request
for a tow which involves the removal of a vehicle or boat which is located under water is
made by the Miami Beach Police Department, the tow company shall provide underwater
divers to handle the hook-up of such vehicle or boat.
7. DELAYS
The Permittee shall respond to requests for Police or Parking Department service through
Miami Beach Police Department Communications Bureau within a reasonable period of
time. The Permittee shall respond within twenty (20) minutes of receipt of request for service
or notify the Police Communications Bureau of the estimated time of delay and the reasons
thereof. In the event of delay the parking enforcement specialist or the Miami Beach Police
Department retains the right to cancel such a request for service and to use the services of
another Permittee.
8. ATTENDANT ON DUTY
The Permittee shall make available on a 24-hour, 7.day a week basis attendants and
equipment for the immediate response to caUs for service from a parking enforcement
specialist or from the police department. In addition, the Permittee shaU make available
adequate personnel to staff its facility 24-hours, 7 -days a week for the pmpose of dispatching
7
calls and releasing towed vehicles to owners.
9. REMOVING HAZARDS
After arrival at a scene, the tow truck operator shall remove any hazards or debris from the
street and impound such vehicles as requested by the parking enforcement specialist or,police
officer. It is the duty of the parking enforcement specialist'or the police officer on duty to
determine when a vehicle should be impounded, and the tow truck operator shall abide by
its decision.
10. IMPOUND REPORTS/OWNER NOTIFICATION
The parking enforcement specialist or police officer on the scene will be responsible for
obtaining the information required for the Vehicle Storage Receipt. The wrecker driver shall
not remove a vehicle from the scene without a copy of the Storage Receipt. The Permittee
shall be responsible for notifying the registered owner or its agent, and any lienholder, via
certified mail, return receipt requested of the whereabouts of the vehicle within 24 hours of
impoundment if all necessary information has been supplied on the Vehicle Storage Receipt.
If, at the time ofimpounding, the name and address of the registered owner and lienholder,
if any is not available, it shall be the responsibility of the Parking Department or the Police
Department to provide this information to the permittee upon request. The Permittee shall
obtain such information from the Parking Department or from the Police Department within
five (5) days from the date of storage and shall notify the registered owner or its agent, and
any lienholder, of the location of the vehicle within seven (7) days, excluding Saturday and
Sunday, from the date of storage. Notice shall be by certified mail, retum receipt requested
and shall be complete upon mailing. Telephone notice shall also be given when possible.
8
If the state of registration is unknown, the Permittee shaI1 make a good faith best effort in so
notifYing the owner and any lienholder, and such notice shall be given within a reasonable
period oftime from the date of storage. "Good faith best effort" means the following checks
have been performed by the Permittee to establish prior state of registration and for title:
1. Check of vehicle for any type of tag, tag record, temporary tag, or regular tag.
2. Check of law enforcement report for tag number, if the vehicle was towed at the
request of a law enforcement officer.
3. Check oftrlp sheet or tow ticket of tow truck operator to see if a tag was on vehicle
at beginning of tow, if private tow.
4. If there is no address of the owner on the impound report, check oflaw enforcement
report to see if an out-of-state address is indicated from driver license information.
5. Check of vehicle for inspection sticker or other stickers and decals that may indicate
a state of possible registration.
6. Check of the interior of the vehicle for any papers that may be in the glove box,
trunk, or other areas for a state of registration.
The Permittee shall maintain a separate log of vehicles in which the owner or lienholder
cannot be determined at place of business listing date, time and method of notification,
location towed from, and total towing and storage charges.
11. VIEWING OF IMPOUNDED VEmCLES
Permittee agrees to allow the registered owner of an impounded vehicle or the registered
owner's agent or insurance representative, upon proper identification, to view said vehicle
on the premises of Permittee. Permittee shall allow every vehicle owner or authorized
9
representative to inspect the towed vehicle within a reasonable time upon hislbcr arrival at
the storage facility and before payment of any charges. The vehicles owner or authorized
representative shall be permitted to remove from the vehicle any and all personal possessions
not affixed to the vehicle, including but not limited to telephones, tapes, tools, etc., and
Permittee shall assist any vehicle's owner/agent in doing so. Vehicle owner/authorized
representative shall acknowledge receipt of such property on a form provided by Permittee.
12. RELEASES
The Permittee shall directly release any vehicle to its owner or custodian upon payment of
appropriate fees due within thirty (30) minutes of payment. The Permittee shall directly
release any vehicle which has not been marked "police hold", provided the proper proof of
identification and ownership is presented. Any vehicle towed, which is marked "police hold"
must be released in accordance with the procedure set forth in paragraph 2.1 Pennittee shall
release any vehicle towed at the request of the Police Department P.E.P. EPaliee E,iaence
Pllll'C1ti) P .M.V. l1'ronerty Manallement UniO Supervisor or its designee only to the person
whose name appears on the title or registration certificate as the registered owner of the
vehicle, or to the authorized agent of such person. Persons who make application for the
release of such a vehicle shall be required to produce proof of ownership by presentation of
a title or registration and photo identification, and where applicable, proof of agency. A
photocopy of the identification used for the release shall be attached to the yellow copy of
the vehicle storage receipt. This information shall be clearly legible. All motor vehicles
which have not been claimed must be disposed of according to state and county laws. The
Permittee will be required within three (3) days after a sale, or if a title is surrendered for
10
payment, to submit a detailed listing of the vehicle identification number of the vehicle, tow
receipt number, police case number, year, make, model of vehicle, monies received,
purchaser's name, address and local telephone number. In the event that the vehicle is
"junked" the pennittee shall provide the Miami Beach Police Department with a copy of the
certificate of destruction as required by state law. This copy shall be attached to the yel10w
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 telephone number of the person
or company that takes possession. In the case that the registered owner of the vehicle
relinquishes all claims to the vehicle and transfers ownership of the vehicle to the Permittee,
the Permittee may not charge a fee for services rendered.
12.1 All vehicles slated for auction must ftrSt be approved by the City Manager or its designee.
12.2 When abandoned/unclaimed vehicles are auctioned by the Permittee, the City has the right
to bid on such vehicles. In cases where abandoned/unclaimed vehicles are auctioned by the
Permittee, the City has a right to bid on such vehicles and may obtain title to any such
vehicle, provided there are no other bidders, upon payment of the towing and storage
charges. The City shall designate a representative of the Miami Beach Police Department
to track the auctions of abandoned/ unclaimed vehicles and make the appropriate bidding.
Permittee shall notify the Miami Beach Police Department of all abandoned! unclaimed
vehicles prior to auction.
12.3 The Permittee shall not charge the City of Miami Beach any towing and storage charges
associated with those abandoned!unclaimed vehicles of which the City chooses to take
ownership per subsection 12.2 above.
11
12.4 A police supervisor or parking enforcement supervisor may request the Permittee to release
a vehicle that has been engaged but not removed from the scene should the impoundment of
the vehicle be deemed improper. The release of the vehicle shall be authorized by the agent
ofthe city (police supervisor and/or parking enforcement supervisor) who, must sign in the
indicated section of the tow slip authorizing the release of the vehicle at the scene. The City
of Miami Beach Police or Parking Department shall pay the towing fees in an improper tow.
In instances where a vehicle has been improperly towed and such vehicle belongs to a
disabled operator, Permittee shaH deliver said vehicle to the original scene of the tow or to
a location within the city and the City shall pay all applicable towing fees.
13. EQUIPMENT
Ownership of required equipment as stated herein, is not required under this permit;
however, legally binding signed agreements covering leasing or cooperative use of required
equipment must be presented on demand of the City. Equipment leased or cooperatively
used must be made available to the Permittee on first priority and be so indicated in the
agreements to be filed with the Miami Beach Police Department. When the Permittee sub-
contracts, the Permittee is still responsible for meeting all of the requirements of these Rules
and Regulations. Each Pennittee shall have available the following types of equipment:
13.1 WRECKERS (rOW TRUCKS)
All wreckers will be registered and shall have appropriate licenses to operate as wreckers.
The Contractor's towing license number shall be displayed on the front of the vehicle in
letters at least three (3) inches high. The company name (or name of Joint Venture) sha1l be
displayed on the driver and passenger side of the vehicle in letters at least three (3) inches
12
high. The company's address (or address of Joint Venture) and telephone number shall be
displayed on the driver and passenger side of the vehicle in letters at least one (1) inch high.
All wreckers shall display a current decal issued by the City of Miami Beach. The Proposer
shall produce evidence of ownership or valid 1st party lease of the required number of Class
"A", Class "B", Class "C", and slide back car carriers. Each Pennittee shall maintain mobile
equipment between his its truck and base stations. All equipment shall be maintained in a
state of readiness for response as delineated in this Contract and be for the sole use of the
Contractor. The Proposer agrees to have no markings on either vehicles, buildings, or
correspondence that indicates or tends to indicate any official relationship between the
Contractor and the Miami Beach Police Department or Parking Department, Dade County,
or any government agency.
13.2 MINIMUM RATINGS FOR WRECKERS
Wreckers shall meet the following minimum ratings:
(1) Class "A" Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not less than
10,000 pounds, GVW
(b) Cab to axle dimension of not less than 56 inches
C> Dual rear wheels
(d) Commercially manufactured boom with a minimum capacity of8,OOO pounds
(e) Hydraulically operated winch(es) with a minimum total winching capacity
of 8,000 pounds
(f) One hundred (100) feet of 3/8 inch steel core cable per winch
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(g) Wheel life with a retracted rating of not less than 3,500 pounds and an
extended rating of not less than 2,000 pounds
(h) Tow sling with a safe lift rating of 3,500 pounds
(1) Two (2) 3/8 inch high test safety chains
(j) Dolly equipped
(k) One (1) motorcycle sling
(I) Four-way lug wrench
(m) One (1) pair of jumper cables
(2) Class" A" Slide Back Car Carrier:
(a) Commercially manufactured unit, with a rated capacity of not less than
10,000 pounds, GVW
(b) Cab to axle dimension of not less than 102 inches
iC Dual rear wheels
(d) Seventeen (17) feet or longer hydraulically operated slide back or tilt bed
(e) Hydraulically operated winch(es) with a minimum total winching capacity
of 8,000 pounds
(t) Sixty five (65) feet of3/8 inch steel core cable
(g) Two (2) tie down chains, each ten (10) feet in length
(h) Four-way lug wrench
(1) One (1) pair of jumper cables
(3) Class "B" Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not less than
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18,000 pounds, GVW
(b) Cab to axle dimension of not less than 84 inches
<D Commercially manufactured hydraulic boom(s) with a minimum total
capacity of 16,000 pOWlds
(d) Hydraulically operated winch(es) with a minimum total winching capacity
of 16,000 pounds
(e) Two hundred (200) feet of Y, inch steel core cable per winch
(f) Under reach with a retracted rating of not less than 6,000 pounds and an
extended rating of not less than 4,000 pounds
(g) Tow sling with a safe lift rating of 8,500 pounds
(h) Two (2) 5/16 inch alloy safety chains
(I) Tow bar equipped
G) Two (2) snatch blocks, minimum 8,000 poWld capacity each
(k) Two (2) scotch blocks
(1) Brake lock
(m) Six (6) to eight (8) feet of extra towing chain with hooks, minimum 4,000
pound capacity chain with hooks, minimum 4,000 pound capacity
(n) Four-way lug wrench
(0) One (1) pair of jumper cables
(4) Class "B" Slide Back Car Carrier:
(a) Commercially manufactured unit, with a rated capacity of Dot less than
20,000 pounds, GVW
15
(b) Cab to axle dimension of not less than 138 inches
iC Dual rear wheels
(d) Twenty one (21) feet or longer hydraulically operated slide back or tilt bed
(e) Hydraulically operated winch with a minimum winching capacity of 8,000
pounds
(f) One hundred (100) feet of 3/8 inch steel core cable
(g) Two (2) tie down chains, each ten (10) feet in length
(h) One (1) snatch block, minimum 8,000 pound capacity
(I) Four-way lug wrench
G) One (1) pair of jumper cables
(k) Commercial Nonrestricted license plate
(5) Class "C" Wrecker:
(a) Commercially manufactured unit, with a rated capacity of not less than
36,000 pounds, GVW
(b) Cab to axle dimension of not less than 144 inches
iC Commercially manufactured boom(s) with a minimum total capacity of
50,000 pounds
(d) Winch(es) with a minimum total winching capacity of 50,000 pounds
(e) Two hundred (200) feet of 5/8 inch steel core cable per winch
(f) Under reach with a retracted rating of not less than 25,000 pounds and an
extended rating of not less than 12,000 pounds
(g) Rear support jacks or outriggers
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13.3
(0)
(h) Tow sling with a safe lift rating of 12,000 pounds
(I) Two (2) Y. inch alloy safety chains
G) Tow bar equipped
(k) External air hookup and hoses to supply air to disabled vehicles
(I) Two (2) snatch blocks, minimum 24,000 pound capacity each
(m) Two (2) scotch blocks
(n) Spring brake - air lock
Six (6) to eight (8) feet of extra towing chain with hooks, minimum 4,000 pound
capacity
Where two (2) Class "C" wreckers are required, at least one (I) shall be under reach
equipped.
ADDITIONAL EQUIPMENT REQUIRED ON EACH VEmCLE
.
(1) Two-way radio
(2) Proper safety lights
(3) Amber rotation dome light
(4) Two (2) flood lights to rear
(5) Sand (50 pounds minimum)
(6) Heavy duty sweeping broom (24" wide)
(7) Two (2) safety cones (day-glow orange, 3 feet high)
(8) One set of three (3) reflectors
(9) Six (6) thirty minute flares
(10) Flat shovel
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(11) Axe
(12) Fire extinguisher 5 lb. dry chemical Underwriter approved
(13) First aid kit - minimum 16 units
14. REPORTS AND FILES
The Pennittee shall maintain, at its place of business, a file which will contain the following
legible records:
14.1 A Vehicle Storage Receipt (yellow and goldenrod copies) of each impounded vehicle on its
premises, proof of ownership notification and invoice of charges for all vehicles released.
Once the release occurs, the yellow copy is to be returned to the requesting department with
appropriate information including name, address and telephone number of the individual to
whom each vehicle was released. This information must appear legibly on both the yellow
and goldenrod copies. The golden rod copy will continue to be retained by permittee. These
files will be maintained sequentially according to the police case number or Parking
Department number.
14.2 A log of all calls for service by the Police Department and Parking Department on a weekly
basis.
14.3 An Impound/Notification Log indicating date, time and method of notification to the
registered owner of an impounded vehicle, as well as other requested information, as
specified in Section 10 "Impound ReportslOwnerNotification."
14.4 A log indicating vehicles to be auctioned, date of auction, name and address of owner and
lienholder. and date contacted.
14.5 A log indicating vehicles sold at auction, date auction notice was published, proceeds of
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auction and distribution of proceeds.
14.6 PARKING DEPARTMENT: Sequentially Numbered Vehicle Storage Receipts for each and
every vehicle towed by authority of a Parking Enforcement Specialist, indicating vehicle
description, date and time towed, location towed from and to, date and time released and
itemized charges and reason for impoundment (i.e. Citation Number or Scoff Law case
number). All files, records and logs shall be available for inspection and checking during
nonnal working hours by the Director of Parking, Chief of Police or designees. Permittee
shall make available adequate work space including, but not limited to, a chair and a table,
for City personnel inspecting records.
15. ETHICS AND CONDUCT
The Pennittee 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 motoring
public. All public contact shall be in a courteous and orderly manner.
The Pennittee shall not divulge any infonnation with respect to a towed vehicle when such
vehicle has a "police hold" from the Miami Beach Police Department. Anyone wishing to
obtain infonnation on a vehicle with a "police hold" shall be referred to the Miami Beach
Police Department.
16. COMPLAINTS AND DISPUTES
Pennittee agrees that any complaints received by the City Manager or its designee;
concerning a violation of the Administrative Rules and Regulations contained herein,
including but not limited to, misconduct on the part of the Permittee, such as excessive
charges, poor business practices, damage to vehicles, etc., shall be referred to the Office of
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the Chief of Police or Director of Parking, depending on which City department originated
the tow, for investigation. The respective Department shalJ notify Permittee of any
complaints within five (5) business days from receipt of the complaint. The Pennittee shall
provide any additional explanation or information with respect to the particular complaint
within five (5) business days upon notification of the complaint. A written disposition of the
complaint will be forwarded to the Pennittee and complainant upon completion of the
investigation. If there have been three or more substantiated complaints within ninety (90)
days filed with the City of Miami Beach, the Chief of Police or the Parking Director may
request the City Manager that Permittee's permit be suspended for a period of not more than
thirty (30) days with no reduction in the permit fee, reassigning such work as may have been
due the suspended Permittee to the remaining Permittee( s), in accordance with the
procedures in Miami Beach City Code Section 44-61.
17. EMPLOYEES OF PERMITTEE
A copy of each employee's Driver License shall also be kept on file by Permittee and made
available to authorized members of the Miami Beach Police Department.
The Permittee (owners of the company or the officers of the company, if a corporation) shall
be responsible, except as otherwise prohibited by law, for the acts of their employees while
on duty.
18. UNDERWATER RECOVERY SALVAGE DIVERS
Divers must be SCUBA certified. For every diver, duty time shall be computed from the
time of arrival at the scene to the time the vehicle or property is rigged and hoisted to dry
land.
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19. COMPETENCY OF APPLICANTS
Pre-permit inspection of the existing or proposed facilities will be made after the submission
of application. Applications shall be considered only from firms experienced in the towing
business, and who can produce evidence that they have an established and satisfactory record
of performance and have available the required equipment location, size and site and
organization sufficient to ensure that they can properly execute the services required:
19.1 To receive consideration, applicant must identify a base of operation and an auto pound
located within the City of Miami Beach.
19.2 Applicant must have all necessary County and 10ca1licenses and permits as may be required
to operate the type of requisite business.
19.3 The applicant is presumed to be familiar with al11aws, ordinances, rules and regulations that
may, in any way, affect the work. Ignorance on the part of the applicant will in no way
relieve it from responsibility.
20. ADDITIONAL REQUIREMENTS
20.1 Permittee shall provide standardized, printed, sequentially numbered, City designed invoice
forms listing the nature of the work performed by it, for the exclusive use of police tows or
Parking Department tows. An invoice shall be made for each and every vehicle towed.
20.2 Permittee shall keep on file for three (3) years copies of aU paid invoices, together with
Vehicle Storage Receipts and any and all impound logs filed sequentially by police case
number or Parking Department sequentially numbered fonos. These records shall be subject
to inspection by the Chief of Police, the Director of Parking or their representatives during
21
normal business hours.
20.3 Permittee must post a City-approved sign indicating charges authorized 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 lettering, with
contrasting background, permanently and prominently posted in the area where the charges
are paid to the Permittee. The area(s) accessible to the public must be well lighted, with
provisions to accommodate seating for members of the public retrieving vehicles from the
Permittee.
20.4 Permittee shall comply with all written procedures as issued from time to time by the Parking
Department, jointly willi the.Police Department, which will facilitate the release of towed
and/or impounded vehicles to the owner.
20.S Permittee must maintain all storage (pound) and office facilities in a manner commensurate
with all applicable regulations, ordinances, rules and other laws governing the operation of
same.
20.6 Permittee shall use such security measures as necessary to prevent theft, vandalism, stripping
and dismantling of parts from vehicles in all storage areas used under this permit.
21. MAXIMUM ALLOW ABLE RATES
The City of Miami Beach shall establish maximum rates for providing towing, removal and
storage services for wrecked or disabled vehicles removed from accident scenes, and non-
consensual removal of vehicles from public streets and public areas within the City of Miami
Beach. The Permittee shall not charge in excess of the maximum rates established by the
City of Miami Beach, as these may be altered, revised, increased or decreased from time to
22
time.
21.1 MAXIMUM STORAGE RATES PERMITIED UNDER THIS PERMIT:
The first eight (8) hours of storage shall be without charge. Thereafter the following storage
rates shall apply per day:
(1) Inside-Interior
(2)
(a) Motorcycles or Scooters
(b) Any vehicle less than 20
feet in length and 8 feet in width
IC Any vehicle over 20 feet in length
Outside-Exterior
(a) Motorcycles or Scooters
(b) Any vehicle less than 20
feet in length and 8 feet in width
C> Any vehicle over 20 feet in length
Boat and Trailer (Owner's Unit)
(a) Unit under 20 feet in length
(b) Unit 21 feet to 35 feet in length
IC Unit over 35 feet in length
Tow Rate Class "A" Tow Truck and
Class "A" Car Carrier, including:
1. First 30 minutes at the scene
2. Unlocking door
(3)
21.2 A.
23
$12.00
$25.00
$40.00
$10.00
$25.00
$30.00
$20.00
$35.00
$45.00
$90.00
3. Dropping/hooking up linkage
4. Wheel lift equipment
5. Use ofOolly
B. Class "B" Tow Truck includ' $125.00
1. First 30 minutes at th scene
2. Unlocking door
3. Droppinglhooking up inkage
4. Under reach equipm t
C. Class "C" Tow Truck includi g: $155.00
1. First 30 minutes at th scene
2. Unlocking door
3. Oroppinglhooking up linkage
4. Removal of air dams, shafts or axles
5. Air hookup
6. Under reach equipme t
O. Tow Rate Class "0" Tow T ck, including: $180.00
1. First 30 minutes at th scene
2. Unlocking door
3. Oropping/hooking u linkage
4. Removal of air dams shafts or axles
5. Air hookup
6. Under reach equipment
24
E.
$125.00
Tow Rate Class "B" or "C" Car Carrier
including:
1. First 30 minutes at the scene
2. Unlocking door
3. Droppinglhooking up linkage
F. Use of Contractor's Boat Trailer, any length,
including storage, per day:
1. Trailer up to 18 feet in length $ 50.00
2. Trailer 18 to 30 feet in length $ 75.00
3. Trailer over 30 feet in length $150.00
G. Special and additional charges
I. Extra labor or extra waiting time $16.50 per hour
after the first 30 minutes at the scene and prorated
after the 1 st hour in 15 minute increments.
$3.00 per mile; maximum
of$21.00 per tow.
$15.00 maximum
per tow.
Waiting time and extra labor: Cost of any waiting time or extra labor (i.e., "retrieving", special
2.
Mileage charges:
3.
Administrative fee
handling) accomplished within thirty (30) minutes of arrival at the scene 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 by the Contractor commencing thirty (30) minutes after arrival at the scene. The Contractor
25
agrees that any extra waiting time or extra labor charge authorization should be made by the officer
on the scene, whenever possible, and so indicated in writing on the vehicle storage receipt.
No charges may be imposed other than those specified in the contract rate structure except as
follows: A maximum charge not exceeding $15.00 (not as an automatic "add-on", but only when
required to comply by Florida Statutes) may be imposed by the Contractor for administrative
services, processing of paperwork, clerical work or title research. Administrative charges refer to
and include verification of Public Vehicle Identification Number; search of vehicle for ownership
information; preparation of paperwork required by Florida Statute; preparation and mailing of the
notification letter(s); and preparation of vehicle for auction, including notification to owner and/or
lien holder as the case may be. These administrative charges shall not be imposed on vehicles with
a "police hold" until or unless the hold is removed and such administrative services become
applicable. Except in situations where a vehicle has a police hold, if the registered owner or other
legally authorized person in control of the vehicle arrives at the scene prior to the removal of the
vehicle, the vehicle shall be disconnected from the towing or removal apparatus, and that person
shall be allowed to remove the vehicle without interference upon payment of a reasonable service
fee of not more than one half of the posted rate for such towing service for which a receipt shall be
given, unless that person refuses to remove the vehicle which is otherwise illegally or unlawfully
parked.
NOTE:
STORAGE FOR CITY (CONFISCATED) VEHICLES WITH POLICE
HOLDS IS FREE OF CHARGE TO THE CITY.
ROAD SERVICE
ll.
(to include jump start, delivery of gas, door opening, tire change when there is no
tow...............$ 20.00
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23. RESPONSIDILITY FOR PAYMENT
The motor vehicle owner or legally authorized representative is responsible for payment of
charges imposed by the Permittee in accordance with the permit rate schedule.
23.1 The City of Miami Beach, Parking Department and the Police Department shall not be
responsible for any charges imposed for towing and storage, or for securing payments due
Permittee upon vehicle release authorized by the City of Miami Beach, Parking Department
or and the Police Department.
23.2 Permittee shall accept the following as acceptable forms of payment for authorized charges:
cash, travelers checks, personal bank checks drawn on a bank in Dade, Broward, or Monroe
Counties, Florida, or credit cards. Two forms of identification, one of which shall be a
picture identification, may be required by the Permittee of vehicle operators recovering
vehicles.
23.3 Permittee shallllUll., for installatiottef-ATM <Automatic Teller Machines) on premises.
24. FORWARDING REPORTS TO POLICE DEPARTMENT AND THE CITY
MANAGER'S OFFICE
The Permittee shall be responsible for forwarding to the Police Department, Parking
Department and the City Manager's Office by 3:00 P.M. each Friday the following:
24.1 Copies of all Vehicle Storage Receipts for vehicles released the previous week, together with
copy of completed numbered invoice for each vehicle.
24.2 Original log of all calls for service by the Police Department or Parking Department on a
weekly basis.
24.3 Original log of all vehicles with police holds in the custody of the Permittee.
24.4 OrlginallmpoundINotification Log for previous week.
27
24.5 Original log completed prior to vehicle lIuctions.
24.6 Copy of Public Notice of auction (10 days prior to auction).
24.7 Original log completed immediately following auction.
All copies shall be legible, and original forms provided as requested.
25. QUALIFICATION OF APPLICANT
Each applicant may be required before the issuance of a permit, to show to the complete
satisfaction of the City Manager, or its designee that he/she has the necessary facilities,
ability, and fmancial resources to furnish the services as specified herein in a satisfactory
manner, and he/she may also be required to show past history and references which will
enable the City Manager or its designee to satisfy itself as to its qualifications. Failure to
qualify according to the foregoing requirements will justify the City Manager in rejecting its
application.
26. ASSIGNMENT
The successful Permittee(s) 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 prior written consent of the City.
27. RELATION OF CITY
It is the intent of the parties hereto that the Permittee shall be legally considered as an
independent Permittee and that neither he nor its employees shall, under any circumstances,
be considered servants or agents ofthe City, and that the City shall be at no time legally
responsible for any negligence on the part of said Permittee, its servants or agents, resulting
in either bodily or personal injury or property damage to any individual, firm, or corporation.
28
28. CHANGES IN RULES AND REGULATIONS
If the City of Miami Beach and/or the Police Department deem it necessary to add, change
or delete Permit Rules and Regulations, it may be done through recommendation of the City
Manager and approval of the City Commission. Changes in the Rate Schedule requested by
the Permittee may be done through Commission Amendment, on/or about October 1 each
year. Thirty 30 days prior written notice of such request must be given to the City of Miami
Beach Parking Department and the Police Department.
29. INSPECTIONS AND AUDITS
The Permittee agrees that all the records, equipment, personnel, office and storage facilities
will be subject to periodic checks and audits by properly designated representatives of the
City of Miami Beach, without prior notice by the City of Miami Beach.
30. PRINCIPALS/COLLUSION
By submission of an application, the applicant does declare that the only person or persons
interested in this permit as principal or principals is named therein and that no person other
than therein mentioned has any interest in this permit and that this permit is made without
connection with any person, company or parties making an application, and that it is in all
respects, fair and in good faith, without collusion or fraud.
31. GENERAL TERMS
31.1 Any vehicle released at the scene by the Parking Department or Police Department shall be
towed to any location the owner or driver requests within the limits of Dade County at
mileage rates in accordance with the published rates.
31.2 The Permittee shall have no markings on its vehicles, building, or correspondence that
indicates or tends to indicate any official relationship betWeen the Permittee and the City of
29
Miami Beach or any of its departments.
31.3 Nothing herein will prevent the owner of a vehicle from selecting its own tow service.
31.4 Permittee shall abide bv all aonlicable State. County and Municinall.aws and rellUlations
rea:ardinw imooundrnent and storall'e of vehicles.
32. EMERGENCY TOWING OF CITY OF MIAMI BEACH VEHICLES
Each Permittee shall provide this service for one month at a time, on a rotating basis. This
service is designed to remove and secure vehicles owned by the City ofMiamj Beach which
become disabled. Permittee shall be prompt in their response to City of Miami Belich calls.
No charge will be made for towing City of Miami Beach vehicles.
Emergency service is limited to Dade and Broward Counties.
The Permittee may receive requests for this service from the City Manager or its designee
(City of Miami Beach Police Department dispatcher, Parking Department Dispatcher, or the
Mechanical Maintenance Department dispatcher. In either case, the dispatcber will give the
towing company the following information:
I. 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.
The Permittee shall tow and return the City vehicle to the Mechanical Maintenance
garage at 140 MacArthur Causeway. City of Miami Beach Police Department
vehicles may, at the instruction of the Police Officer operating the vehicle, be towed
to the Police Facility at 1100 Washington Avenue, instead of the Mechanical
Maintenance garage.
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33. ABANDONED VEHICLES
Only those abandoned vehicles on public property or public highways, streets and right-of-
ways shall be removed by the Towing Permit Holder (permittee) as directed by the City of
Miami Beach Chief of Police or its designee or by a parking enforcement specialist. It is
understood that the Permittee will provide all plant, labor, materials and equipment, and
perform all the necessary work in the manner and form hereinafter provided to remove
abandoned vehicles in the City.
The term "vehicles" shall include, but is not limited to, automobiles, trucks, truck bodies,
house trailers, etc. The abandoned vehicle may be partly or entirely dismantled or may
consist of only a major portion of the body or framework. For the purpose of this Permit,
a "unit" shall consist of the authorization, removal and disposal of an abandoned vehicle.
I. The term "abandoned vehicle" shall refer only to those vehicles which are properly
identified as such by the City Manager or its designee: Chief of Police and/or
Director of Parking. The Chief of Police or designee, or Director of Parking or
designee will furnish the Permittcc with a vehicle storage receipt.
2. The Miami Beach Police Department or a parking enforcement specialist issues and
affixes 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 of Miami Beach.
However, vehicles parked where parking is prohibited or so as to be a hazard or
obstruction to traffic may be towed or impounded immediately. Notwithstanding the
above, vehicles properly parked in one of the City's Residential Parking Permit
Districts and displaying a valid Residential Parking Decal shall not be regarded as
lIbandoned or stored.
31
3. The Permittee shall notify by certified letter, sent to the registered owner and any
lienholder, advising of vehicle location, and that the vehicle must be claimed within
thirty.five (35) days and full payment made of accumulated towing and any other
charges permitted under_these regulations. However, when the City has followed the
procedures set forth in Section 705.103, Florida Statutes, and amendments thereto
the City may elect to dispose of the vehicle as provided in that Section and shall so
notify the Permittee.
4. The vehicle may be stored at the Permittee's storage location or at the salvage
company prior to final disposition of the vehicle in accordance with all applicable
provisions of the Florida Statutes.
5. The Permittee shall pay the City twenty dollars ($20.00) per tow for every abandoned
vehicle that the Permittee tows.
6. The Permittee shall assume and be responsible for, and shall defend, indemnify and
hold harmless the City from and against 1111 claims and demands of all parties
whatsoever for violation of Section 713.78(5), Florida State Statutes, which states,
in part: "Any vehicle which is stored pursuant to subsection (2) and which remains
unclaimed, or for which reasonable towing or storage charges remain unpaid, may
be sold by the owner or operator of the storage space after thirty.five (35) days from
the time the vehicle is stored therein".
7. The Permittee shall pay all judgements 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; and the
Permittee shall have the right to join in the defense of such suits.
32
34. PERMIT FEE-MONTHLY BILLING
The Permittee shall PllY to the City a permit fee in the amount of $20.00 for each vehicle
towed pursuant to this permit and $10.00 for each vehicle which is disconnected from the
towing or removal apparatus.
34.1 The City of Miami Beach shall bill the Permittee by the 10th of each month for all tows
occurring in the previous month. A late charge of $50.00 plus eighteen percent (18%) per
annum interest charges shall be assessed on all payments received after the 20th day of the
billing month.
34.2 Payments to the City shall be by check sent to the City of Miami Beach Finance Department
(Revenue Section). Checks shall be clearly marked "Police Tow" or "Parking Department
Tow" on the City Invoice Remittance Sections.
35. INSURANCE REQUIREMENTS FOR POLICE TOWING
See Insurance Check List for applicability to this Permit.
a. The Permittee shall be responsible for its work and every part thereof, and for all
materials, tools, appliances and property of every description, used in connection with this
particular project. He shall specifically and distinctly assume, and does so assume, all risks
of damage or injury to property or persons used or employed on or in connection with the
work and of all damage or injury to any person or property wherever located, resulting from
any action or operation under the Permit or in connection with the work. It is understood and
agreed that at all times the Permittee is acting as an independent contractor.
b. The Permittee. at all times during the full duration of work under this Permit, including
extra work in connection with this project, shall meet the following requirements:
i. Worker's Compensation and Employer's Liability Insurance to meet the statutory
33
requirements of the State of Florida.
ii. Commercial General Liability Insurance in amounts prescribed by the City (see
checklist for limits) to protect the Permittee in the interest of the City against all risks of
injury to persons (including death) or damage to property, wherever located, resulting
from any action or operation under the Permit or in connection with the work.
Automobile Liability Insurance, including Property Damage covering all owned, non-
owned or hired automobiles and equipment used in connection with the work.
iii. Any additional coverages required by the Risk Manager as indicated on the Insurance
Check List.
iv. Name the City of Miami Beach as an additional ensured on all liability policies
required by the City. When naming the City of Miami Beach as an additional insured
onto said policies, the insurance companies hereby agree and will endorse the policies to
state that the City will not be liable for the payment of any premiums or assessments.
v. No change or cancellation in insurance shall be made without thirty (30) days written
notice to the City of Miami Beach Risk Manager.
vi. All insurance policies shall be issued by companies authorized to do business under
the laws of the State of Florida and these companies must have a rating of at least B+: VI
or better per Best's Key Rating Guide, latest edition.
vii. Original signed Certificates of Insurance, evidencing such coverages and
endorsements as required herein, shall be filed with, and approved by, the City of Miami
Beach Risk Manager before work is started. The certificate must state Bid Number and
Title. Upon expiration of the required insurance, the Permittee must submit updated
certificates of insurance for as long II period as any work is still in progress.
34
viii. It is understood and agreed that all policies of insurance provided by the Permittee
are primary coverage to any insurance or self-insurance the City of Miami Beach
possesses that may apply to a loss resulting from the work performed with this Permit.
c. The liability insurance coverage shall extend to and include the following contractual
indemnity and hold harmless agreement: "The Permittee hereby agrees to indemnify and
hold harmless the City of Miami Beach, a municipal corporation, its officers, lIgents, and
employees from all claims for bodily injuries to the public in and up to the amount of
$300,000.00 for each occurrence and for all damages to the property of others in and up
to the amount of$300,OOO.00 for each occurrence, as per the insurance requirement under
the specifications, including costs of investigation, all expenses of litigation, including
reasonable attorney's fees and the cost of appeals arising out of any such claims or suits
because of any and all acts or omissions or commission of any negligent acts by the
Permittee, its agents, servants, or employees, or through the mere existence of the project
covered by the Permit. The foregoing indemnity agreement shall apply to any and all
claims and suits other than claims and suits arising out of the sole and exclusive
negligence of the City of Miami Beach, its officers, agents, and employees, as determined
by a court of competent jurisdiction."
I. The Permittee will notify its insurance agent, without delay, of the existence of the Hold
Harmless Agreement contained within this Permit and furnish a copy of the Hold
Harmless Agreement to the insurance agent and carrier.
ii. The Permittee will obtain and maintain contractual liability insurance in adequate limits
for the sole purpose of protecting the City of Miami Beach, under the Hold Harmless
Agreement, from any and aU claims arising out of this contractual (permit) operation.
35
d. All policies issued to cover the insurance requirements herein shall provide full coverage
from the first dollar of exposure. No deductibles will be allowed in any policies issued on
this Permit unless approved by the City's Risk Manager.
e. The Permittee will secure and maintain policies of subcontractors. All policies shall be
made available to the City upon demand. Compliance by the Permittee and all subcontractors
with the foregoing requirements as to carrying insurance and furnishing copies of the
insurance policies shall not relieve the Permittee and all subcontractors of their liabilities and
obligations under any section or provision of this Permit. Permittee shall be as fully
responsible to the City for the acts and omissions of the subcontractor and of persons
employed by them as he is for acts and omissions of persons directly employed by it.
f. Insurance coverage required in these specifications shall be in force throughout the
contract term. Should any awardee fail to provide lIcceptable evidence of current insurance
within seven days of receipt of written notice at any time during the contract term, the City
shall have the right to cancel the Permit and justifY the termination thereof.
g. If bidder does not meet the insurance requirements of the specifications; alternate
insurance coverage, satisfactory to the Risk Manager, may be considered.
~ EOUAL EMPLOYMENT OPPORTIJNITY/ADANON-D1SCRIMINATlON POUCY
In connection with the performance of this A~reement. the Permittee shall not discriminate
ae:ainst any emplovee or apnlicant for emolovrnent becau..e of race. color. relilzion. ancestry.
sex. aile. national orilj:in. olace of birth. marital stlltuS. or phvsical handiCllp. The Provider
shall take affirmative action to ensure that an.plicants are etl'P1oyed and that emplQyees are
treated durinll their emolovment without rel!ard to their race. color. relil!ion. ancesu:y. sex.
age. national oril!in. place of birth marital status. disabilitv. or sexual orientation. Such
action shall include. but not be limited to the followinlJ: etnolovrnent. UOl!radinl7 demotion.
36
or termination. recmitment or recruitment ad'Verti.sin~: layoff or termination: rates of na"'V. or
other forms of compensation: and selection for traininll. includinv aQprenticeshilj).
Permittee allrees to adhere to and be lloverned by all aQplicable reouirements of the laws
listed below includin~. but not limited to. those nrovisions pertaininll to emplovrnent.
nrovision of nroqrams and services tran$.Portation. communicationg. access to facilities.
renovations. and new constrnction.
The American with Disabilities Actof1990 (ADA) Pub L. 101-336. 104 Stat 327. 42 U.S.C.
12101-12213 and 547 V.S.C. Sections 225 and 611 includinll Title I. Emplovment: Title II.
Public Services: Title III. Public Accommodations and services Operated bv Private Entities:
Title IV. Telecommunications: and Title V. Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 D.S.C Section 794.
The Federal Transit Act. as amended: 49 U.S.C. Section 1612.
The Fair HOUSinll Act as amended. 42 D.S.C. Section 3601-3633.
Permittee must complete and submit the Citv's Disahilitv Non-Discrimination Affidavit
(Affidavit). In the event Permittee fails to execute the Citv's Affidavit. or is found to be in
non-compliance with the provisions ofthe Affidavit. the City ml\Y iml'Ose such sanctions as
it may determine to be l\P,Pl'OJ)riate. includin~ but not limited to. withholdinl! assiinrnent of
tows to Permittee under the Allreement until compliance and/or cancellation. termination.
or susoension of the A~eement. in whole or in part. In the event the Citv cancels or
terminates the Al!feement Dursuant to this Section. Permittee shall not be relieved of liabilitY
to the Citv for damaies sustained by the Citv bv virtue of Provider's breach of the
A2reement.
F,IPINO\$ALLISAULICOMMRESOITOWORDII,AMO
1012/00
37
CMBPARK ING
Fax:30567379S3 Oct 5 '00 15:16
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P.O~/02
ACKNOWLEDGEMENT or DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
NAME OF FIRM. CORPORATION. OR OROANlZATlON
AUTHORIZED AGENT COMPLETING AFFlDA VIT
POSITION PHONE NuMBER LJ
I,
state:
, being dUly first sworn
Tha.t the above named form. corpo~tion or organization is in eompliance with and earces to
continue to comply with, and asSU(e lhat any subcontracto(, or thin! party contractor under this
project complies with all applicable requirements of tbe laws listed below including, but no!
limited to, mose provisions pertaining to employment, provision of ptograms and services,
tI'8IIsportation, colllmunications, ac:ce$$to facilities, renovations, and new cnMtruction.
The Almricans with OisabilitiesA\>1.ofl9!1() (ADA): Pub. L. 101-336, 104 Slat 327, 42 U.S.C.
12101-12213 and 547 U;S,C. Sections 225.'and'{jll including Title I, Employment; Tittle II,
Public Services; Title m, Public Acconmlodations and Services Operated by Private En!ilies;
Title IV, Telecommunications;.andTttle V, MiscellaoeousProvisions.
The Rehabilila1ion Act of 1m:. 29'tr.S.C. ge.lion 794.
The Federal T(ansit Act, as 8II1endcd: 49U.S,C. Section 1612.
The F'air,Hnuinll Act as amended: 42.US.C. ~on36(H.3631.
SIJnatUTe Date
SU8.SCRIBED AND SWORN 1;'0 tJ)t!'ffii!ned);~fo~ineon by
(Date)
. He/She is penonally IatllWft to me o( has
(Affiant)
presenled
III identitication.
(TYlJC'of idilntir_tioli)
(SillMture ofNolary) (Serial Nlll\lber)
(Print'or stiunp NameofNolar)i) (Expiration Date)
Notary Public (State) NolIIY Seal
CITY OF MIAMI BEACH POLICE DEPARTMENT AND
PARKING DEPARTMENT TOWING PERMIT AMENDMENT NO. 11
CONTRACT AWARDED TO:
BEACH TOWING SERVICES. INC. AND TREMONT TOWING SERVICES. INC.
CONTRACT REPRESENTATlVESITITLE:
MARK FESTA, OWNER/PRESIDENT, BEACH TOWING SERVICES. INC.
EDWIN F. GONZALEZ. OWNER/PRESIDENT. TREMONT TOWING. INC.
CONTRACTOR ADDRESS:
BEACH TOWING SERVICES, lNC. 1349 DADE BOULEVARD, MIAMI BEACH, FLA. 33139
TREMONT TOWING, INC. 1916 BAY ROAD, MIAMI BEACH. FLA., 33139
TERJ.'\1:
THE TOWING PERMIT COMMENCES ON DECEMBER 1, 2000 FOR A TWO (2) YEAR
PERIOD EXPIRING ON NOVEMBER 30, 2002, WITH AN OPTION FOR THREE (3)
ADDITIONAL ONE (1) YEAR PERIODS, AT THE SOLE DISCRETION, OF THE CITY OF
MIAMI BEACH
ALL REQUIREMENTS, PROVISIONS, FEES, AND TERMS OUTLINED IN THE
ADMINISTRATIVE RULES AND REGULATIONS FOR POLICE TOWING PERMIT,
AMENDMENT NO. 11 (SEE ATTACHED) IS HEREBY IN FORCE AND EFFECT UPON THE
APPROVAL OF THE AWARD OF THE TOWING PERMIT TO BEACH TOWING SERVICES,
INC. AND TREMONT TOWING SERVICES, INC. BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH.
IN WITNESS WHEREOF THE SAID CITY HAS CAUSED THIS AGREEMENT TO BE SIGNED
BY T YOR F THE CITY OF MIAMI BEACH, FLORIDA AND ITS' CORPORATE SEAL
TO E IXE, TES Y T lTY CLERK OF THE CITY OF MIAMI BEACH AND
T CO CT . D THIS AGREEMENT TO BE SIGNED IN q~\M')l~/~
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NEISEN O. KASDIN, MAYOR APPROVED /4S '1'Cf..OBERT PARCHER, CITY CLERK
CITY OF MIAMI BEACH, FLORIDlFoRM & LANGUA~TY OF MIAMI BEACH, FLORIDA
& FOR EXECUTION
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