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DISCUSSION AND POSSIBLE ACTION TO APPROVE AN ADDENDUM TO THE REQUEST FOR QUALIFICATIONS (RFQ # PD-21-03) FOR CITYWIDE TOWING SERVICES.
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
On the September 13, 2021 Commission meeting, the City Commission approved to defer Agenda Item # 18 (File ID # 21-0808), as a result the City's Administration is bringing this item back with a revised addendum incorporating the City Commission's requests and comments.
1. On May 2, 2018, the City Commission approved the findings and recommendation of the evaluation committee and awarded PD-17-07 “Citywide Towing Services” to Bazin Corporation d/b/a A & B Towing Services and on May 23, 2018 the City Commission approved to pass proposed ordinance no. 2018-04 on second and final reading. The agreement was for an initial three (3) year period beginning August 1, 2018 and ending July 31, 2021, with the option to extend for two (2) additional three (3) year period(s).
2. On September 21, 2020, Governor DeSantis signed House Bill 133 (“HB 133”) and it is now Chapter No. 2020-174, Laws of Florida, effective October 1, 2020. HB 133 requires counties and allows municipalities to establish maximum rates for the towing or immobilization of vehicles or vessels. However, HB 133 prohibits a county or municipality from enacting a rule or ordinance that imposes a fee, charge, cost, expense, fine, or penalty on an authorized wrecker operator or a towing business. As a result, the City can no longer require a franchise fee on towing contractors.
3. On October 1, 2020, the City Attorney’s Office issued Memo # 2020-165, which stated that:
- Despite this prohibition, HB 133 permits the imposition of a reasonable administrative fee or charge, limited to 25 percent (25%) of the maximum towing rate, to cover the cost of enforcement, including parking enforcement.
- If a municipality has a pre-existing franchise contract or any other contract imp...
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