HomeMy WebLinkAboutR-87-1027J-87-911
11/19/87
RESOLUTION NO.9 —1027
A RESOLUTION APPROVING THE PROPOSALS OF
CERTAIN TOWING AGENCIES FOR THE ZONES AS
DESIGNATED HEREIN FOR FURNISHING TOWING AND
WRECKER SERVICES TO THE CITY OF MIAMI ON A
CONTRACT BASIS FOR ONE (1) YEAR RENEWABLE FOR
AN ADDITIONAL YEAR; AUTHORIZING THE CITY
MANAGER TO EXECUTE THE CONTRACTS FOR THIS
SERVICE.
WHEREAS, pursuant to public notice, sealed proposals were
received May 26, 1987 for the furnishing of towing & wrecker
services City Wide in particular the Department of Police; and
WHEREAS, invitations were mailed to thirty six (36)
potential proposers and twelve (12) proposals were received, and
WHEREAS, this service will be used by various City's
Departments, in particular the Police Department, for the purpose
of towing and wrecker services; and
WHEREAS, the City Manager found the following towing
agencies to be eligible to provide towing and wrecker services;
Nu -Way Auto Services, Nolan's Towing & Recovery, Molina Towing,
Inc., Blanco Towing, Inc. d/b/a/ Freeway Towing, Inc., Coral Way
Towing, Inc., Southland Towing & Recovery Service, Inc., and Ted
& Stans Towing Service;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The following Towing Agencies as designated by
zone are approved for the furnishing of towing and wrecker
service on a contract basis for one (1) year, renewable for an
additional year as hereby approved:
Approved
Zone Agency.
1 Nu -Way Auto Service
2 Nolan's Towing & Recovery
3 Molina Towing, Inc. and
Downtown Towing Co., Inc.
4 Blanco Towing, Inc.
d/b/a Freeway Towing, Inc.
5 Ted & Stans Towing Serv., Inc.
6 Southland Towing & Rec. Service
* Downtown Towing Co., Inc, is being approved (conditioned
upon correction within thirty (30) days of a problem which had
rendered it ineligible) for use on a rotating basis 'in Zone
three.
CITY COMMISSION
MEETING OF
rrljn
P�me�;P1,
G
- LNovi
IE ION No.
Section 2. The City Manager is hereby authorized to execute
the contracts for this service.
PASSED AND ADOPTED this_j.%tjL_day of NnvPmhc--r , 1987.
AT
Aj:2e:j=
MA72TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
ROBERT F. CLARK
CHIEF DEPUTY CITY ATTORNEY
/r
APPROVE'D A$ TO FORM AND CORRECTNESS:
L
ITY
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9 7-io I
N0*0-18-87 WED 14 36 LAW DEPT P.03
:ITY ;'R MIAMI. L�11d•�
iNTE:i•OFFtCL AEMARANOt;`n
o The Honorable Mayor and Members art ovember 179 1987 '
of the City Commission
:U80,
Resolution Authorizing
Award of Contracts for
PROM Towing Services
Cesar H. Odio
City Manager
RECOMMENDATION:
It is respectfully recommended that the City Commission review
the staff proposal, select the companies which shall furnish
towing and wrecker services to the City of Miami, and adopt the
attached resolution authorizing the award of contracts to the
companies selected.
BACKGROUND:
The General Services Administration Department coordinated the
development of a proposed Request for Proposals (RFP) and a
Sample Agreement, working with the Departments of Police, Law?
Solid Waste and Off Street Parking, and representatives of the
towing industry. In March 1987, the City Commission approved the
issuance of the RFP. Proposals were received May 26, 1987 and
the investigations and evaluation initiated.
The General Services Administration Department has reviewed the
applications to provide towing and wrecker services to the City
of Miami, which were submitted in response to the Request for
Proposal 086-87-076. The RFP set forth the City's terms and
conditions under which a company would be permitted to provide
towing and wrecker services to City departmentsg in particular
the Police Department.
The RFP designated zones within the City which an applicant could
apply to provide service and two basic classes of towing, light
or heavy, for which the applicant could designate a preference.
The Police Department investigated each of the applicants to
determine if the City's requirements were met in regard to the
business location, storage, equipment, employees and background
checks. On the basis of the requirements of the RFP and the
results of the Police investigation, it was found that the below
listed firms qualify to provide towing services in the designated
zone.
f ;'--1.02'7
F47-1027
NC►tis�= i e-07 t•11Zb 1 '44�6 LA14 bEPT
The Honorable Mayor and
City Commiasiohers
ZONE
1
2
3
4
5
L
P . 04
page 2
TOWING AGENCY
Nu -Way Auto Servile
551 N.W. 71 Street
Nolan's Towing and Recovery
2951 N.W. 27 Avenue
Molina Towing, Inc.
2151 N.W. 7th Avenue
Coral Way Towingp inc.
2962 S.W. 28 Lane
Blanco Towing, Inc. d/b/a
Freeway Towing
1301 S.W. 71 Avenue
Southland Towing & Recovery
Service, Inc.
2400 S.W. 27 Street
Ted and Stan's Towing Service
3075 S.W. 28 Street
Southland Towing A Recovery
Service, Inc.
2400 S.W. 27 Street
Ted and Stan's Towing Service
3075 S.W. 28 Street
It is recommended that only one Towing Agency per zone be
contracted to provide services, although nothing prohibits the
Commission from approving more than one company per zone.
Although more than one company per zone may lead to confusion as
to the location of an automobile after it is towed, Each of the
above firms is also capable of providing both "A" (Light Duty)
and "B" (Heavy Duty) towing services.
One change which is being made to the contract in its final form
upon the advice of the City Attorney, is to permit the person
claiming the car to pay with a Money Order rather than the
present system of the Towing Agency requiring cash. This will
allow the claimant more personal security which he would not have
when carrying large sums of cash. Contract length shall be for
one year and shall be in accord with the draft contract
previously approved by the City Commission.
Attachments
oe: Law Department
j1�t0Iv I
R'7--102'7
59
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO. The Honorable Mayor and Members DATE: Nov 41987 nLt:
of the City Commission - SUBJECT=�j
Resolution Authorizing
Award of Contracts for
Towing Services
FROM: Cesar H. Odio, u• „ REFERENCES:
City Manager
ENCLOSURES:
RECOMMENDATION:
It is respectfully recommended that the City Commission select
from the staff proposal the companies which shall furnish towing
and wrecker services to the City of Miami, and adopt the attached
resolution authorizing the award of contracts to the companies
selected.
BACKGROUND:
The General Services Administration
development of a proposed Request
Sample Agreement, working with the
Solid Waste and Off Street Parking,
towing industry. In March 1987, the
issuance of the RFP that provides
gervinps when necessary to various
the Police Department in particular.
Department coordinated the
for Proposals (RFP) and a
Departments of Police, Law,
and representatives of the
City Commission approved the
for the provision of towing
departments of the City and
The RFP set forth the City'o t��os and conditions under which a
company would be permitted to provide towing and wrecker services
to City departments, in particular the Police Department. The
RFP also shows the zones within the City which an applicant could
apply to provide service and two basic classes of towing, Light
Duty or Heavy Duty, for which the applicant could designate a
preference.
Applications to provide towing and wrecker services to the City
of Miami, were submitted in response to the Request for Proposal
#86-87-076. Proposals were received May 26, 1987 and the
investigations and evaluation initiated. The Police Department
investigated each of the applicants to' determine if the City's
requirements were met in regard to the business location,
storage, equipment, employees and background checks. On the
basis oa the requirements of the RFP and the results of the
Police investigation, it was found that the following listed
firms qualify to provide towing services in the designated zone.
59 — /
87- 027
The Honorable Mayor and
City Commissioners
ZONE
TOWING AGENCY
1 Nu -Way Auto Service
551 N.W. 71 Street
2 Downtown Towing Company
2418 North Miami Avenue
Nolan's Towing and Recovery
2951 N.W. 27 Avenue
3 Downtown Towing Company
2418 North Miami Avenue
Molina Towing, Inc.
2151 N.W. 7th Avenue
4 Coral Way Towing, Inc.
2962 .3.4 . 23 Lane
5 Southland Towing & Recovery
Service, Inc.
2400 S.W. 27 Street
Page 2
Ted and Stan's Towing Service
3075 S.W. 28 Street
6 Southland Towing & Recovery
Service, Inc.
Ted and Stan's Towing Service
3075 S.W. 28 Street
It is recommended that only one Towing Agency per zone be
contracted to provide services, although the Commission may
approve more than one company per zone. However, the award of
more than one company per zone may lead to confusion as to the
location of an automobile after iL. is towed. Each of the above
firms is also capable of providing both light duty and heavy duty
towing services. The contract being awarded is for one year with
an option for renewal for one additional year. In zones with
a
87-102
The Honorable Mayor and
City Commissioners
Page 3
more than one qualified Towing Agency, it is recommended the City
Commission adopt a policy of intent to rotate the contract among
qualified firms each contract period..
At the direction of the City Commission, the staff committee met
with representatives of the towing industry to discuss the RFP
and the proposed agreement. A copy of the proposed agreement is
attached and is in accord with the draft contract previously
approved by the City Commission. Minor changes were made to the
contract in its final form as discussed with Towing industry
representatives. One important change is to permit the person
claiming the car to pay with a Money Order or Cashiers Check from
a Dade or Broward County bank with proper identification, rather
than the Towing Agency requiring cash. This will allow the
claimant more personal security which he would not have when
carrying large sums of cash.
Attachment
0
P37-102 I
AWARD OF BID
Bid No. 86-87-076
ITEM: Towing & Wrecker services
DEPARTMENT: City Wide
TYPE OF PURCHASE: Contract for one (1) year renewable
for an additional year
REASON: To provide wrecker and towing services
POTENTIAL BIDDERS: 36
BIDS RECEIVED: 12
MINORITY WOMAN PARTICIPATION: Invitations to Bid were sent to one
1 black, ten 10 hispanic and three (3) woman owned firms
engaged in the towing services as located in the following
sources:
1. Dade County Minority Register
2. Previous bids on file in the Procurement Mgmt. Office
3. Vendors applications on file in Procurement Management
4. Yellow Pages Telephone Directory
Minority response consisted of one (1) bid from a black firm,
four (4) bids from Hispanic firms, including Molina Towing,
recommended for award and three (3) bids from woman owned, all
three recommended for award.
BID EVALUATION:
Category
Prior Bidders
Black American
Hispanic American
Wonsan Owned
Non -Minority
Following. is an analysis of the
Invitations to Bid:
New Bidders
Black American
Hispanic American
Woman Owned
Non -Minority
Courtesv Notifications
"No Bids"
Late Bids
Totals
Number of Bid
Invitations Mailed
0
5
3
5
1
5
0
17
15
Number of
Responses
0
3
3
3
1
1
0
1
0
0
0
e
Page 1 of 2 9 7-1027
004
r
RECOMMENDATION: IT IS RECOMMENDED THAT THE AWARD BE
MADE TO NU -WAY AUTO SERVICE, NOLAN'S
TOWING AND RECOVERY, MOLINA TOWING,
INC., DOWNTOWN TOWING,, INC., CORAL WAY
TOWING, INC. SOUTHLAND TOWING &
RECOVERY AND TED & STANDS TOWING
SERVICE.
Chief Procurement Officer
Date
The Minority & Women Business Administrator concurs with the
above recommendation.
Minority &-Women Easiness
Administrator
Date
Page 2 of 2 nn
TONING AGREEMENT
THIS AGREEMENT, made and entered into this day of
1987 by and between the City of Miami, a
municipal corporation of the State of Florida, hereinafter
referred to as "CITY" and ,(a State
of Florida ' corporation), a partnership), a sole
proprietorship), or (other), hereinafter referred to as "TOWING
AGENCY".
WHEREAS, the City of Miami Department of Police requires tow
service in order to remove vehicles from accident scenes,
vehicles posing a traffic hazard, scofflaw vehicles, stolen
vehicles, recover and remove vehicles from salt or fresh water,
and other similar situations requiring placement of vehicles in
storage locations; and
WHEREAS, the Fire, Rescue and Inspection Services Department
may from time to time require specialized tow services; and
WHEREAS, it has been found that utilization of private
towing companies within the City of Miami effec,;ively provides
the needed services; and
WHEREAS, there are a number of private towing companies
which might provide these services on a contractual as needed
basis;
NOW THEREFORE THE PARTIES AGREE AS FOLLOWS:
SECTION I - TERM OF AGREEMENT:
Agreement shall commence thirty (30) days after execution by the
City Manager and shall be effective for one (1) year from date of
commencement. After the initial one (1) year period, this
Agreement shall, be reviewed by the City Commission and may be
renewed at City s sole option subject to the terms and conditions
stipulated herein, for an additional one (1) year period.
SECTION II - SCOPE OF SERVICES:
Towing Agency shall provide to city all categories and classes of
tow service as defined in the special conditions of RFP 86-87-076
for zone , see attached map of.zones.
Requests for tow service shall originate from one of these
authorized sources: Police Department, General Services
Administration Department or Fire, Rescue and Inspection Services
Department.
1. Police Department
All Police requests for tow service and removal of
a traffic hazard shall be made through the "Complaint Center" of
the Miami Police Department Communication Bureau.
2. Fire Rescue and Inspection Services De artment
The Fire, Rescue and Inspection Services Chief
shall authorize towing requests.
3. General Services Administration Department
The Departments Director shall authorize towing
requests.
SECTION III - TOWING REVIEW BOARD:
There shall be established a Towing Review Board, which shall
evaluate any controversy or claim arising out of or related to
this Agreement. The Towing Review Board shall consist of a staff
person appointed by the Director of the Police Department, the
Solid Waste Department and the Department of Off Street Parking,
8 7-1027 (� .
a representative selected by and among Towing Agencies having a
contract with City, and an independent party to be selected by
the City Manager. Operational procedures of the Board shall be
developed by City.
SECTION IV - PERFORMANCE STANDARDS:
Towing Agency must adhere to the following specific performance
procedures and standards:
(1) Towing Agency must maintain personnel to operate
towing equipment twenty-four (24) hours a day,
seven (7) days a week.
(2) Towing Agency shall provide service within Zone
for Class towing service, and to other
zones as requested in accord with Section IX of
this Agreement. Refer to. Exhibit I for zone
locations.
(3) Tow Trucks must proceed to the scene immediately
after Tow Agency receives the correct address from
the Police dispatcher by telephone or radio.
Thirty (30) minutes is the maximum allowable
response time, however consideration may be given
to traffic conditions which could result in
delays. Should Towing Agency anticipate delay
beyond thirty (30) minutes due to said conditions,
Towing Agency shall advise the authorized source
of the request of the estimated time. of arrival.
Towing Agency shall not be cancelled unless, in
the opinion of the officer on the scene, another
Towing Agency can respond sooner, taking into
account traffic conditions.
(4) Repeated and unjustified failure of a Towing
Agency to respond within thirty (30) minutes to
calls would be deemed to be a demonstrated
unwillingness or inability to provide the required
standard of service, and be subject to the
sanctions contained in Sections XIX and XX of this
Agreement.
(5) All personnel operating tow trucks shall be
qualified and experienced in handling equipment
safely on the scene, and in going to and from the
scene. Each employee, shall have in his possession
a Metropolitan Dade County Identification card, a
copy of which shall be on record with the City of
Miami Department of Police. All tow truck
operators shall have a current valid Florida
chauffeur's license.
(6) Tow truck operators shall comply with all existing
state, county and city regulations and ordinances
at all times.
(7) Tow trucks shall not use rotating beacons when
prodeeding to a call unless authorized by the
police dispatcher.
(8) Rotating beacons shall be used at the scene, and
= when towing vehicles from the scene only if towed
vehicle represents a hazardous condition. Sirens
on wreckers are prohibited.
(9) Towing Agency shall not remove vehicles involved
in accidents prior to the arrival of a police
unit, and only then with the permission of the
• assigned police unit.
_4�
R i --l02'7
(10) Tow truck operators shall be responsible for
removing.glass and/or other debris from the street
as a result of a traffic accident to which he is
responding for the City. This debris shall be
placed in a suitable container and removed by tow
truck operator and shall, in no case, be left at
the curb -side. Tow truck operators shall be
directed in this task by the police unit assigned
the call.
(11) Towing Agency shall assume all responsibility for
damage done to a vehicle towed, or to be towed,
during the towing and while vehicles are stored at
their place of business in accordance with Florida
Statute 713.78.
(12) Towing Agency shall not make any repairs to any
towed vehicle without the express consent of the
owner of the vehicle or his agent.
(13) Towing Agency's file shall contain a list of all
vehicles on the premises, copies of all itemized
bills, copies of notices sent to vehicle owners
and proof of mailing as required by law and this
Agreement, records of payment by customers,
records of payment to City, and Motor Vehicle
reports on all tow truck operators. This file
must be kept current and available for inspection
by City.
SECTION V - CANCELLATION OF TOWING SERVICE:
City reserves the right to cadeel a service request to a Towing
Agency at any time up to time of hookup without charge. Such
cancellation.would be made through the same sources that generate
requests, as listed in Section II of this Agreement.
Cancellation may also be auti,orized at the scene by a Police
officer.
In the event hookup has taken place and it is necessary to drop
vehicle prior to commencing a tow, a charge not exceeding one-
half the regular towing rate, according to the Class of tow, may
= be made. In the event an owner could drive his or her automobile
away, and the only service needed is to pull the bumper or fender
which, if this was done, the automobile could be driveable; a
charge not exceeding one-half the regular towing rate, according
to the class of tow, may be made, if this service is performed.
No City administrative charge may be made for these services.
SECTION VI - EMPLOYEES:
The personnel of every qualified Towing Agency (including
principals, agents and employees) are required to be finger
printed and photographed, and shall receive identification cards
to be issued by Metropolitan Dade County, and which must be
renewed annually. Each Towing Agency shall supply to City a list
of its personnel who are required to obtain identification cards
as above provided, prior to being eligible to be called on for
towing service. Wotification of any change in such personnel
shall be furnished to the City Police Department within 72 hours
of such change. Each Towing Agency shall have in its files a
Division of Motor Vehicle report on each tow truck operator it
uses.
SECTION VII - STORAGE AREAS:
All Towing Agency's storage areas must conform to City of Miami
Zoning requirements existing now and in the future. All
impounded vehicles and towing vehicles and equipment at Towing
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97-ioZ7 9
Agency's storage site shall be kept within the confines of the
facility and not upon the public streets, sidewalks or public
property.
At City's sole discretion Towing Agency may be directed to tow
vehicle to a City storage facility. While at City facility,
Towing Agency may be required to move one vehicle from one
location to another -within the City facility, at the direction of
a designated City employee, each such move shall be charged to
the responsible City department in accord with the rates set in
Section XIV, E. of this agreement.
Towing Agency storage areas must display identifying signs
clearly visible from the street, in conformance with zoning
regulations, to enable persons seeking to locate Towing Agency to
easily identify same.
During normal business hours, owner of stored vehicle or
designated representative shall be allowed to view vehicle. Prior
to removal of any items not attached to the vehicle, owner must
either pay the cost of the tow or show proof of insurance. Any
other requests shall be left to the discretion of Towing Agency.
Towing Agency shall not charge any storage and/or administrative
fee for an owner or designee to- recover items from stored
vehicle.
Towing Agency must provide security for 'impounded vehicles and
assume responsibility for any articles of value left in the
vehicle and listed on.the Vehicle Storage Receipt or Towing
Report. Towing Agency agrees to replace any such.article(s) or
compensate the insured person upon verification of the loss by
the designated investigative officer of the Miami Police
Department.
Upon arrival of vehicle at storage facility, storage facility
personnel shall verify the inventory of contents of the vehicle
as listed on the Vehicle Storage Receipt and/or Towing Report.
Discrepancies shall be reported immediately to the designated
investigative officer of the Miami Police Department.
SECTION VIII - EXCEPTIONAL TOWING'SERVICE:
If required for proper processing of investiEation, at the
direction of the Police Department, Towing Agency may be
required, while at City facility, to move a vehicle to a
designated area for processing prior to impounding. Each such
move shall be charged to the Police Department in accord with
Section XIV, E. of this agreement.
SECTION IX - SPECIAL EVENTS TOWING:
The Police Department shall have sole discretion in the
utilization of Towing Agencies for spveial events. Towing Agency
assigned to the zone within which the Special Event is taking
place, shall have the first opportunity to provide the equipment
necessary to service the event. Should an additional Towing
Agency be required to provide service, other Towing Agencies from
nearby zones may be called upon by the Police Department to
provide service. When requested by the Traffic Section of the
Police. Department,* all Towing Agencies shall be required to
provide at least one (1) Class "A" Wrecker for Special Events.
When asked to provide Special Events towing, Towing Agency shall
be entitled to payment for the number of hours of standby time
which exceeds the number of vehicles towed. Standby hours must
be authorized by the Police Officer in charge at the scene.
SECTION X - INSPECTION OF FACILITIES AND/OR EQUIPMENT:
Inspection of facilities and/or equipment shall be made by
members of City of Miami Police Department. These inspections
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97-IL027
shall be made at any time during the contract period as deemed
appropriate by City.
Towing Agencies shall have all required equipment as detailed in
the bid specifications on all vehicles at all times while
engaging in towing service for City.
SECTION XI - LICENSES, PERMITS, ETC._:
Towing Agency must comply with the City of Miami Code, Chapter
42, Article V. Towing of Motor Vehicles; possess a valid current
license from City. pursuant to said article and any other permits
or licenses which may be required to do business in City. Towing
Agency must also possess all the licenses, permits, etc.,
necessary from Metropolitan Dade County to operate said Towing
Agency.
All licenses, permits, etc., must be kept valid throughout the
term of this agreement.
SECTION XII - COMPLAINTS AGAINST TOWING AGENCIES:
In the event a complaint by a member of the public is filed about
any Towing Agency, the department receiving the complaint shall
notify the Towing Review Board and Towing Agency. If complaint
is in written form, a copy shall be furnished to Towing Agency
upon request at no cost. A written reply to the complaint must
be forwarded by Towing Agency to the Towing Review Board in care
of the Accident Investigation. Unit, Police Department, within
five working days. The complaint shall be evaluated by the
Towing Review Board to determine if the complaint should be the
basis of suspension or termination. Files shall be kept by the
Towing Review Board about Towing Agency complaints.
SECTION XIII - COMPL_AINTS BY TOWING AGENCIES:
Any complaints by Towing Agencies concerning City employees shall
be forwarded to the Towing Review Board in care of the Accident
Investigation Unit, Police Department. Each such complaint shall
be forwarded through proper channels for investigation and. a
written reply shall be made to Towing Agency within fifteen
working days of receipt by the Board.
SECTION XIV - MAXIMUM RATES:
Towing, rates set forth in this agreement shall be posted in
easily readable form at the customer point of payment.
The following rates are the maximum allowable for towing services
for City. The applicable rates shall depend upon the
_ requirements of the towed vehicle, rather than the actual wrecker
class utilized.
A. TOWING RATES PER WRECKER CLASS
Base Rates shall include hookup; unlocking door if necessary, and
towing. Mileage Rate shall be allowed for each mile or fraction
or fraction of a mile to all destinations, with the exception of
a City storage facility as noted below. -
(1) Classes "A", "D" and 110":
(a) Base Rate........................................$55.00
( i) Towing Agency ....................$45.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 2.00
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13 7--ILOZ7 /o
(3) Class "B":
(a) Base Rate........................................$65.00
( i) Towing Agency ....................$55.00
(ii) City Administrative Charge ....... $10.00
(b) Mileage Rate ..........................$ 2.50
(4) Class "C" and "U":
(a) Base Rate........................................$90.00
( i) Towing Agency ....................$80.00
(ii) City Administrative Charge ... ....$10.00
(b) Mileage Rate ..........................$ 3.00
NOTE: MILEAGE FEES SHALL NOT BE CHARGED FOR TOWING A VEHICLE
TO A CITY STORAGE FACILITY FROM WITHIN CITY LIMITS.
MILEAGE FOR TOWING OUTSIDE CITY LIMITS TO CITY STORAGE
FACILITY SHALL BE BASED ON THE ONE-WAY DISTANCE BETWEEN
THE PICKUP POINT AND THE CLOSEST POINT OF ENTRY INTO
MIAMI CITY LIMITS.
B. AUXILIARY CHARGES
Any auxiliary services (e.g., use of dolly, dropping and re -
hooking linkage) are to be performed only if required and
appropriate. Any such additional charges must be authorized, in
writing on the vehicle tow slip, by a City enforcement officer.
(1) TOWING AGENCY ADMINISTRATIVE SERVICES RATE .......... $ 10.00
Administrative charges may be charged by Towing Agency to
the owner/driver of a vehicle towed or stored by Towing
Agency, for -the execution, filing or mailing of any forms or
documents required by Florida Statutes or local ordinances,
only after a vehicle has been at the Towing Agency storage
facility at least 72 hours and the paperwork requirements
herein referenced have been initiated.
(2) HOURLY LABOR RATE: Such as Dropping and re -hooking
transmission linkage, use of dollies, road service calls
(including battery jump and tire change), winching (which
service shall not include removing a vehicle from a parking
space and simp=e winching and retrieving to facilitate its
removal).
Charge for these services shall be based on 15 minute
intervals after the first 30 minutes on the scene for actual
labor or waiting, and according to the wrecker class
required. No feca shall be charged for waiting time for
releasing a vehicle at City storage facility.
(a) First 30 minutes on the scene.................No Charge
(b) Class "A","D"A"O" - Each 15 Minute Interval ...... $11.25
- Hourly Rate..................$45.00
(a) Class "B" - Each 15 minute Interval ...... $13.75
- Hourly Rate ............ *...... $55.00
(d) Class "C" and "U" - Each 15 Minute Interval ...... $20.00
- Hourly Rate..................$80*OO
(3) TRAILER: Charges for use of a boat trailer or other trailer
when authorized by City enforcement officer, shall be in
accord with the following schedule:
(a) Small size boat (18 feet and under) ..............$ 50.00
(b) Medium size boat (18 to 30 feet) .................$ 75.00
(a) Large size boat (30 feet and over)...............$150.00
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F37-ioz7 //
W
C. RECOVERY SERVICES
The above listed hourly labor rates, based on 15 'minute
intervals, are the maximum allowable (per hour and according' to
wrecker class and service required) for Recovery from salt or
fresh water. An additional Tow Truck of any Class, when required
shall also be charged at the regular towing rates set by this
agreement.
If required, a Certified Salvage Diver shall be provided by City.
D. SPECIAL EVENTS/STANDB.7 TOWING
The below listed rates are the maximum allowable (per hour and
according to wrecker class) for standby wreckers during Special
Events.
When asked to provide Special Events towing, Towing Agency shall
be entitled to payment for the number of hours of standby time
which exceeds the number of vehicles towed. Standby hours shall
be paid at the applicable towing rate and must be authorized by
the Police Officer in charge at the scene.
NOTE: TOWING AGENCY SHALL NOT CHARGE (NOR SHALL BE COMPENSATED)
FOR BOTH STANDBY AND REGULAR WORKING TOWING RATES, IF
DIRECTED TO REMOVE A VEHICLE DURING A SPECIAL EVENT. ONLY
ONE OR THE OTHER RATE SHALL APPLY AND BE AUTHORIZED, UNTIL
THE COMPLETION OF THE EVENT.
(1)
Class
"A",11D"&"0"
Hourly
Standby
Rate..............$45.00
(2)
Class
"B"
Hourly
Standby
Rate..............$55.00
(3)
Class
"C"and "U"
Hourly
Standby
Rate..............$80.00
E. SPECIAL PROCESSING TOWING
Towing a vehicle for special processing before placing into City
Storage Facility (see Sections VII & IX of this
agreement.)..............................................$10.00
F. STORAGE RATES
Daily Rates for vehicle storage are based on a 24 hour day, each.
day starting at 12:01 a.m. The initial twelve (12) hours of
storage shall be without charge. Thereafter, the daily rate
shall apply, according to type of vehicle stored, with each
fraction of a day counting as one full day. With respect to
stolen motor vehicles, the below daily charges shall not commence
until either: (a) twenty-four hours after the owner of said
vehicle has been personally notified that the vehicle is
impounded and the location of its impoundment; or' (b) seven (7)
days after notice of such impoundment and location has been sent
via regular mail and• via certified mail, return receipt
requested, to the address of the owner as reflected on the
registration or title records of the state agency having custody
of such records, whichever occurs earlier.
The following are the maximum allowable rates:
(1) ANY VEHICLE - First six (6) hours..................No Charge
(2) Motorcycles - Daily Rate ..............................$ 8.00
(3) Passenger Vehicles - Daily Rate .......................$12.00
(up to and including 3/4 ton truck)
(4) Larger Vehicles - Daily Rate..........................$15.00
(Including trucks over 3/4 ton, boats (ouc: charge, with or
without trailer), trailers, etc.]
-7-
10
A
#0"1
(5) Inside storage - An additional $3.00 per day may be charged
for inside storage upon the written direction of the City
enforcement officer on the tow slip, or with the signed
consent of the owner.
SECTION XV - APPLICABILITY OF RATES AND CHARGES:
All above rates shall remain as stated or as accepted by City,
except where unusual circumstances warrant change. Charges for
services not covered by this agreement shall be calculated at the
actual cost of special equipment rental plus the hourly labor
rate established herein. Use of special equipment shall be
restricted to unusual circumstances and must be approved in
writing on the tow slip by the officer on the scene.
The rate structures applied and charged by Towing Agency shall
depend upon the requirements of the vehicle(s) to be removed and
upon the needs and conditions of the particular situation to
which Towing Agency is called, regardless of the actual tow truck
and/or equipment used. The class of wrecker and type of
equipment to be dispatched shall be the responsibility of the
officer on the scene, the complaint sergeant or other designated
City representative.
SECTION XVI - BILLING:
Towing Agency agrees to itemize fully all bills on standard forms
acceptable to City (sample attached as Exhibit II), to number all
bills to correspond with the Miami Police Department Vehicle
Storage Receipt number and to keep copies of all bills and
invoices on file for a minimum of one year. Such copies shall be
provided to the City upon request.
Itemization of bills shall detail specific types of services
performed and/or equipment used, conforming to the descriptions
and wording provided herein (i.e., Class "A" Base Rate,
Additional Mileage, Hourly Labor Rate - Dollies, etc.). When
bringing vehicle to Towing Agency storage facility, Towing Agency
shall note arrival and departure times on vehicle tow slip.
SECTION XVII - COLLECTION AND PAYMENT: -
Payments to Towing Agencies operating under this Agreement shall
be made by vehicle owner or designee, upon receipt of itemized
bills for services rendered. When presented with proper
identification Towing Agency shall accept cash, a U.S. Postal
Money Order or a cashier's check issued by a Dade or Broward
County Bank in payment of any charges. Payment shall be made
directly by City to a Towing Agency operating under this
Agreement only in the case of a standby charge for special
= events, special processing, or when specifically approved by the
Chief of Police, Director of General Services Administration
Department or the Fire, Rescue and Inspection Services Chief.
Payments by Towing Agency to City'of City Administrative Charges
shall be maae on a monthly basis directly to the Department which
authorized the tow service. The format for submitting such
payments shall be determined by the City, but shall include
correlation of payments to customer billing.
It is hereby understood by and between City and Towing Agency
that payments due to City from Towing Agency shall be payable to
City no later than the 20th day of the month for vehicles towed
and paid for through the end of the previous month. Upon receipt
of a notice of termination, Towing Agency shall pay monies due to
City no later than 30 days after the date of termination. .
City may waive City Administrative cost if Tow Agency must sell
vehicle not claimed by owner. Requests for such waiver must be
in writing to the authorizing department and cross referenced to
the tow slip.
-8-
8 7-1027 /
SECTION XVIII - ETHICS AND CONDUCT:
Towing Agency agrees to conduct business in.an orderly, ethical,
and businesslike manner, and to use every means to obtain and
keep the confidence of the motoring public.
(1) Personnel shall conduct themselves in a courteous and
sober manner so as not to bring any undue criticism to
City.
(2) The owner of a Towing Agency shall be responsible for
ensuring that all of his operational personnel shall be
of previous and continuous good moral character.
(3) Towing Agency operators shall neither solicit nor induce
drivers or owners to patronize particular garages or
mechanics. The rebate or payment of money or any other
valuable consideration to Towing Agency personnel from a
garage or mechanic is prohibited.
(4) Giving gratuities to any employee of the City of Miami
is prohibited and any violation hereof by a Towing
Agency shall, at the discretion of the City hianager,
constitute grounds for the summary and immediate
revocation of this agreement.
SECTION XIX - SUSPENSION PROCEDURES:
(1) Any Towing Agency may be suspended for any violation of
the provisions of this agreement which, in the sole
discretion of the Towing Review Board, may be cause for
such suspension, as follows:
A. First Violation.............up to 7 days
B. Second Violation ............ up to 14 days
(2) Should a third violation occur, upon recommendation of
the Towing Review Board; the City Manager may terminate
the contract of Towing Agency, also see Section XX.
(3) By accepting a zone, a Towing Agency agrees to the
_ reasonableness of the suspension procedures and that the
same are necessary to enable City to fulfill its duties
of safety and control of City's highways.
SECTION XX - TERMINATION FOR CAUSE:
The City Manager shall have the right for good cause shown based
upon the conditions and terms enumerated in this Agreement, the
occurrence of the below listed events, or for what he may deem to
be the best interests of City, to cancel or terminate any
_ approval of a Towing Agency previously granted. Occurrence of
such cause shall be reviewed by the Towing Review Board, which
_ shall then make a recommendation to the City Manager. In the
event of such cancellation, prompt notice shall be furnished to
Towing Agency by City.
(1) Adjudication as bankrupt.
(2) The filing of insolvency, reorganization or bankruptcy
petition (voluntary or involuntary).
(3) Abandonment of Towing Agency premises or discontinuance
of operations.
(4) The making of a general assignment for the benefit of
creditors.
(5) Making any charge ,at rates
established by this Agreement.
-9-
greater than those
87-1027 / q
(6) Any failure of Towing Agency to receive, inspect,
verify, and approve the "Proper Papers" necessary for
the release of a vehicle prior to that vehicle's
release. "Proper Papers" are defined as proper
identification of the individual (drivers license
preferred) and registration or title for the vehicle.
If the individual is not the owner, a notarized letter
from the owner authorizing vehicle release must be
submitted.
(7) In the event Towing Agency has possession of a vehicle
identified by the Police Department as stolen or as
essential to a Police investigation, said vehicle shall
not be released to owner or designee until Police
Department provides written authorization to release it.
Unauthorized release shall constitute cause for
termination.
SECTION XXI - COMPLIANCE WITH FEDERAL, STATE AND _LOCAL LAWS:
Both parties shall comply with all applicable laws, ordinances
and codes of Federal, State and Local Governments.
SECTION XXII - GENERAL CONDITIONS
(1) All Notices or other communications which shall or may
be given pursuant to this*Agreement shall be in writing
and shall be delivered by personal service, or by
registered mail addressed to the other party at the
address indicated herein or as the same may be changed
from time to time. Such notice shall be deemed given
on the day which personally served; or, if by mail, on
the fifth day after being posted or the date of actual
receipt, whichever is earlier.
CITY OF MIAMI TOWING AGENCY
Address Address
(2) Title and paragraph headings are for convenient
reference and are not a part of this Agreement.
(3) In the event 'of conflict between the terms of this
Agreement and any terms or conditions contained in any
attached documents, the terms in this Agreement shall
rule.
(4) No waiver or breach of any provision of this Agreement
shall constitute a waiver of any subsequent breach of
the same or any other provision hereof, and no waiver
shall be effective unless made in writing.
(5) Should any provisions, paragraphs, sentences, words or
phrases contained in this Agreement be determined by a
court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable under the laws of the State
of Florida or the City of Miami, such provisions,
paragraphs, sentences, words or phrases shall be deemed
modified to the extent necessary in order to conform
with such laws, or if hot modifiable to conform with
such laws, then same shall be deemed severable, and in
either event, the remaining terms and; provisions of
this Agreement shall remain unmodified and in full
force and effect.
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137-710271,5
! ` flo"\
SECTION XXIII - OWNERSHIP OF DOCUMENTS:
All documents developed by To Agency under this Agreement
shall be delivered to City by said Towing Agency upon completion
of the service required pursuant to this Agreement and shall
become property of City, without restriction or limitation on its
use. Towing Agency agrees that all documents maintained and
generated pursuant to this contractual relationship between City
and Towing Agency shall be subject to all provisions of the
Public Records Law, Chapter 1190 Florida Statutes.
It is further understood by and between the parties that any
information, writings, maps, contract documents, reports or any
other matter whatsoever which is given by City to Towing Agency
pursuant to this Agreement shall at all times remain the property
of City and shall not be used by Towing Agency for any other
purposes whatsoever without the written consent of City.
SECTION XXIV - NONDELEGABILITY:
That the obligations undertaken by Towing Agency pursuant to this
Agreement shall not be delegated or assigned to any other person
or firm unless City shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
SECTION XXV - AUDIT RIGHTS:
Upon written request on the part of City, which is to be in the
hand of the Towing Agency ten (10) days in advance, City reserves
the right to audit the records of Towing Agency which pertain to
this Agreement at any time during the performance of this
Agreement and for a period of one year after final payment is
made under this Agreement.
SECTION XXVI - AWARD OF AGREEMENT:
Towing Agency warrants that it has n
person employed by City to solicit o;
that it has not offered to pay, paid,
employed by City any fee, commission,
or any gift of any kind contingent
award of this Agreement.
)t employed or retained any
secure this Agreement and
or agreed to pay any person
percentage, brokerage fee,
upon or resulting from the
SECTION XXVII - CONSTRUCTION OF AGREEMENT:
This Agreement shall be construed and enforced according to the
laws, statutes and case laws of the State of Florida.
SECTION XXVIII - SUCCESSORS ANL ASSIGNS:
This Agreement shall be binding upon the parties herein, their
heirs, executors, legal representatives, successors, and assigns.
SECTION XXIX - INDEMNIFICATION%
Towing Agency shall indemnify, defend and save City harmless from
and against any and all claims, liabilities, losses and causes of
action which may arise out of Towing Agency's activities under
this agreement, including all other acts or omissions to act on
the part of Towing Agency, including any person acting for or on
its behalf, and from and against any orders, judgments or decrees
which may be entered and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any,
such claims, or the investigation thereof.
-11-
4;--10W
SECTION XXX - CONFLICT OF INTEREST:
(1) Towing Agency covenants that no person under its employ
who presently exercises any functions or
responsibilities in connection with this Agreement has
any personal financial interests, direct or indirect,
with City. Towing Agency further covenants that, in
the performance of this Agreement, no person having
such conflicting interest shall be employed. Any such
interests on the part of Towing Agency or its
employees, must be disclosed in writing to City.
(2) Towing Agency is aware of the conflict of interest laws
of the City of Miami (Miami City Code Chapter 21
Article V), Dade County, Florida (Dade County Code,
Section 2-11.1) and the State of Florida, and agrees
that it shall fully comply in all respects with the
terms of said laws.
SECTION XXXI - INDEPENDENT CONTRACTOR:
Towing Agency and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of City, and
shall not attain any rights or benefits under the Civil Service
or Pension Ordinances of City., or any rights generally afforded
classified or unclassified employees; further he/she shall not
be deemed entitled to the Florida Worker's .Compensation benefits
as an employee of City.
SECTION XXXII - TERMINATION OF CONTRACT WITHOUT CAUSE:
City retains the right to terminate this Agreement at any time
prior to the completion of the services required by this
Agreement without penalty to City, if such termination is
necessitated by a change in the laws governing the agreement. In
that event, notice of termination of this Agreement shall be in
writing to Towing Agency, which shall be paid for any services
performed for which City is responsible for payment under the
terms of this Agreement, which were performed prior to the date
of its receipt of the notice of termination. : In no case,
however, shall City pay Towing Agency for services performed
under this Agreement for which responsibility for payment was not
City's.
It is hereby understood by and between City and Towing Agency
that any payment made in accordance with this Section, to Towing
Agency shall be made only if said Towing Agency is not in default
under the terms of this Agreement. If Towing Agency is in
default, then City may in no way be obligated and may not pay to
Towing Agency any sum whatsoever.
SECTION XXXIII - NONDISCRIMINATION:
towing Agency agrees that it shall not discriminate as to race,
sex, color, age, creed, national origin, or handicap in
connection with its performance under this Agreement.
Furthermore that no otherwise qualified individual shall, solely
by reason of his/her race, sex, color, age, creed, national
origin, or handicap, be excluded from the participation in, be
denied benefits of, or be subjected to discrimination under any
program or activity receiving federal financial assistance.
In connection with the conduct of its business, including
rendition of services and employment of personnel, Towing Agency
shall not discriminate. against any person on the basis of race,
color, creed, handicap, age, sex or national origin. All persons
having appropriate qualifications shall be afforded equal
opportunity for employment.
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-JLQ27 17
SECTION XXXIV - MINORITY/WOMEN PROCUREMENT COMPLIANCE:
Towing Agency. acknowledges that it has been furnished a dopy of
Ordinance No. 10062, entitled the Minority and Women Business
procedural provisions therein, including any amendments thereto.
SECTION XXXV - DEFAULT PROVISION:
In the event that Towing Agency shall fail to comply with each
and .every term and condition of this Agreement or fails to
perform any of the terms and conditions contained herein, then
City, at its sole option, upon written notice to Towing Agency
may cancel and terminate this Agreement, and all payments,
advances, or other compensation paid to Towing Agency by City
while Towing Agency was in default of the provisions herein
contained, shall be forthwith returned to City.
SECTION XXXII - ENTIRE AGREEMENT:
This instrument and its attachments constitute the sole and only
Agreement of the parties hereto and correctly sets forth the
rights, duties and obligations of each to the other as of its
date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of
no force or effect.
SECTION XXXVII - INSURANCE:
Agency shall maintain in force for the length of this agreement,
liability insurance providing coverage for any claims arising out
of the ownership, maintenance, or use of any premises, the
ownership or use of any motor vehicle, and any operations of the
Towing Agency at any site, with at least combined single limit of
$500,000 per occurrence for bodily injury and property damage
liabilities. Agency shall also provide Contractual Liability
coverage sufficient to cover the liability assumed by this
agreement and legal liability coverage sufficient to pay all
sums the Towing Agency legally must pay as damages for a loss to
a vehicle left in the Towing Agency's care while the agency is
attending, servicing, repairing, parking, or storing such vehicle
in the same amount of $500,000 combined single limit. City shall
be named as- additional insured on the above mentioned policies
and coverage..
Towing Agency shall obtain and maintain in force during the life
of this agreement, Worker's Compensation insurance as required by
Chapter 440, Florida Statutes.
All insurance policies required must be written by a company or
companies rated at least "A" as to management and at least Class
"V" as to financial strength in the latest edition of the Best's
Insurance Guide, published by Alfred M. Best Company, Inc.,
Oldwick, W.J.. Insurance coverage shall be subject to the
approval of the General Services Administration Department.
Towing Agency shall furnish a copy of insurance policies
indicating compliance with these requirements prior to the
execution of this contract and upon each renewal of the coverage
that may occur during the term of thia contract. The policy or
policies of insurance required shall be written in a manner such
that they may not be canceled or materially changed without 30
days advance written notice to the City of Miami, General Services
Administration Department.
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SECTION XXXVIII - AMENDMENTS:
City may, at its discretion, amend the Agreement to conform with
changes in applicable City, County, State and Federal laws,
directives, guidelines and objectives. Rates can be renegotiated
if the aforementioned changes result in any increases in costs to
the Towing Agency. No amendments to this Agreement shall be
binding on either party unless in writing and signed by both
parties. Such amendments shall be incorporated as a part of this
Agreement upon review, approval and execution by the parties
hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
CITY OF MIAMI, a municipal
Corporation of the State of
Florida
ATTEST:
By
MATTY HIRAI CESAR H. ODIO
City Clerk City Manager
ATTEST:
CONTRACTOR:
By
Corporation Secretary Title
(Seal)
WITNESSES:
As to CONTRACTOR
(NOTE: If CONTRACTOR is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE
REQUIREMENTS:
General Services Administration
Department
-14-
APPROVED AS TO FORM AND
CORRECTNESS:
LUCIA A. DOUGHERTY
City Attorney
031-ioz7 19
• CIT'�OF �•lIiMI, r^L�Rt;�;;
RFP NO. 86-87-0"6: SPECIFICATIOUS; 20,1E LOCATIONS
POLICE LO TUCK CFRVICPc
THE INSTRUCTIONS TO BIDDERS,.PROPOSAL, QUALIFICATION
FORMS AND THE GENERAL SPECIFICATIONS ARE A PART OF THIS
CONTRACT AND ARE
FURTHER SUPPLEMENTED BY THE SPECIAL
PROVISIONS CONTAINED
HEREIN. IF THERE ARE ANY INCONSIS-
TENCIES BETWEEN THE SPECIAL PROVISIONS AND THE ABOVE
MENTIONED ITEMS,
K
i
THE SPECIAL PROVISIONS SHALL GOVERN,
'
• 2• LntATTON QF WORK;
ZONES ......
THE ZONES COVERED IN THIS CONTRACT
ARE AS DEFINED BELOW
AND PER THE ATTACHED MAP OF SAME:
ZQ�I�,I NORTH:
C I TY LIMITS
EAST:
TO BISCAYNE BAY, INCLUDING WEST -END
OF BRIDGE ON %a STREET CAUSEWAY,
PRIOR TO NORTH BAY VILLAGE, CITY
za
LIMITS.
,SOUTH:
NORTHSIDE OF N.E. 46 STREET AND N-W.
46 ST, BUT NOT INCLUDING 46 STREET
WEST:
CITY LIMITS
--ZONE II NORTH:
TO INCLUDE N.E. 46 STREET AND
-
N.W. 46 STREET
- EAST:
To BISCAYNE BAY
SOUTH:
To NORTFSIDE OF N.E. 20 STREET AND
N.W. 20 STREET, BUT NOT INCLUDING 20 Si,
WEST:
CITY•LIMITS, INCLUDING N.W. 36 STREET
STRIP TO RAILROAD TRACKS$
�o�.1rl NORTH.
To N.E. 20 STREET AND N.W. 20 STREET
INCLUDING 20 STREET
— EAST:
TO BISCAYNE BAY, INCLUDING BISCAYNE
ISLE AND SAN MARCO ISLE.
- SOUTH:
MIAMI.RIVER
WEST:
MIAMI RIVER TO THE POINT WHERE 27 ►EVE.
-
AND N.W't' 20 STREET MEET.
ZME-1Y. NORTH: To NX 20 STREET, WEST OF 27 AVEiiu:
EAST: SOUTH -SIDE OF Mimi RIVER TO N.W. li
AVENUE,*BUT NOT INCLUDING 17 AVENUE.
SOUTH: FLAGLER STREET WEST OF 17 AVENUE TO
37 AVENUE, S.W. 8 STREET WEST OF
S.W. 39 AVENUE
WEST: CITY LIMITS, INCLUDING TAMIAMI
CANAL ROAD.
NORTH: MIAMI RIVER
EAST: TO BISCAYNE BAY, INCLUDING RICKENBACKER
CAUSEWAY TO MIDDLE OF SECOND BRIDGE,
AND VIRG INIA KEY.
SOUTH: TO BISCAYNE BAY, INCLUDING CLAUGHTON
ISLE.
WEST: To N.W. AND S X 17 AVENUE INCLUDING
17 AVENUE.
NORTH: RAGLER STREET EAST OF 37 AVENUE,
EAST: TO S.W. 17 AVENUE BUT NOT INCLUDING
17 AVENUE. .
SOUTH: TO BISCAYNE BAY, INCLUDING FAIR ISLE
TO NORTH PROSPECT DRIVE$
WEST: CITY LIMITS.,
8 7-102'7 � j
�
TOWING SERVICE ZONES 93 S' S 7_
CITY OF MiAmi, FLORIDA 4 80 St
71
dC 46 St.
6 . 3 t 38 - St.
S
2
20 St- N 20 St.
A,
Rd.
Late
Flagler St.
S.W. 8 St.
4M
-cc
CY
N Prospect Dr.
47-10W