AGENDA ITEM REPORT
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AN ORDINANCE REPEALING ORDINANCE NO. 2018-019; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE ATTACHED FIRST AMENDED AND RESTATED AGREEMENT WITH EMERALD TRANSPORTATION CORPORATION TO PROVIDE CITY-WIDE WRECKER TOWING SERVICES. (SECOND READING)(PUBLIC HEARING)
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BACKGROUND:
This item was approved on First Reading at the November 12, 2020, City Commission Meeting.
In 2018, the City issued a Request for Proposals (RFP) to establish a multi-year franchise agreement for city-wide wrecker towing services for the removal and storage of vehicles that create a traffic hazard, are abandoned, are disabled from a traffic accident, or for non-consensual removal of vehicles from public streets and areas within the City. Based on the RFP, on September 27, 2018, the City adopted Ordinance No. 2018-019, approving a franchise agreement with Emerald Transportation Corporation (the "Agreement") to provide city-wide wrecker towing services and other related services.
During the 2020 legislative session, the Florida legislature adopted House Bill (HB) 133, signed by the Governor on September 18, 2020, which created Section 166.04465, Florida Statutes, and prohibiting the imposition of certain fees upon towing companies.
DISCUSSION:
Staff has evaluated the new restrictions imposed by state law and worked with the vendor to draft revisions to the Agreement in order to proactively comply with the new state law. The First Amended and Restated Agreement, attached, deletes provisions in both the RFP and the Agreement that conflict with the new state law and revises the Agreement to establish a City administrative fee as provided in state law. For consistency with the County and compliance with state law, staff recommends adopting a rate schedule that provides for a reduction in towing rates, the imposition of a City administrative fee on vehicles towed from public property, and adoption of all other service rates consistent with the curre...
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