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Home My WebLink AboutR-01-0578J-01-450 5/30/01 01- 578 RESOLUTION _ A RESOLUTION OF THE MIAMI CITY COMMISSION ACKNOWLEDGING THE TRANSFER OF OWNERSHIP OF DOWNTOWN TOWING COMPANY ("DOWNTOWN") FROM RACHEL DEL ROSAL TO DAGMAR DEL ROSAL; APPROVING THE ASSIGNMENT OF THE AGREEMENT BETWEEN THE CITY OF MIAMI AND DOWNTOWN, DATED APRIL 4, 2000, FOR THE PROVISION OF TOWING SERVICES CONTINGENT UPON: (1) COMPLIANCE WITH ALL REQUIREMENTS SET FORTH IN THE AGREEMENT BETWEEN THE CITY OF MIAMI AND DOWNTOWN; (2) COMPLIANCE WITH CHAPTER 42, ARTICLE V, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; (3) EXECUTION OF AN ASSIGNMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FROM RACHEL DEI, ROSAL TO DAGMAR DEL ROSAL; AND (4) THE CITY MANAGER'S EXECUTION OF ANY DOCUMENT(S) DEEMED APPROPRIATE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO EFFECTUATE SAID TRANSFER OF OWNERSHIP AND ASSIGNMENT OF AGREEMENT. WHEREAS, pursuant to Resolution No. 00-213, adopted March 9, 2000, the City Manager was authorized to execute an agreement with Downtown Towing Company ("Downtown") for the provision of towing services in the City of Miami; and WHEREAS, said agreement under its own terms, requires prior consent of the City Commission for any transfer, assignment, or sale; and CITY COMBBSION MEET= OF JUN 14 2001 FWWkWM NO- 01- ta01- 578 WHEREAS, Rachel Del Rosal, President, of Downtown has advised the City that she has entered into an agreement to transfer one hundred percent (1001d) of her rights and interests in providing services related to towing to Dagmar Del Rosal; and WHEREAS, Dagmar Del Rosal has agreed to accept the terms and conditions stipulated under the agreement between the City of Miami and Downtown and Chapter 42, Article V, of the Code of the City of Miami, Florida, as amended; and WHEREAS, pursuant to Motion 01-498, adopted May 24, 2001, the City Commission acknowledged, in principle, the proposed transfer of ownership of Downtown Towing Company ("Downtown"), from Rachel Del Rosal to Dagmar Del Rosal, and approved, in principle, the proposed assignment of the agreement between the City and Downtown and directed that a public hearing be scheduled for consideration of such transfer and assignment; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Page 2 of 4 01- 578 Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The transfer of ownership of Downtown Towing Company from Rachel Del Rosal to Dagmar Del Rosal is acknowledged, and the assignment of the agreement between the City of Miami and Downtown, dated April 4, 2000, for the provision of towing services is approvedV contingent upon: (1) compliance with all requirements set forth in the agreement between the City of Miami and Downtown; (2) compliance with Chapter 42, Article V, of the Code of the City of Miami, Florida, as amended; (3) execution of an Assignment between Rachel Del Rosal and Dagmar Del Rosal, in a form acceptable to the City Attorney; and (4) the City Manager's execution of any document(s) deemed appropriate, in a form acceptable to the City Attorney, to effectuate said transfer of ownership and assignment of agreement. Section 3. This Resolution shall become effective upon immediately its adoption and signature of the Mayoral. =! 1'he herein approval is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable city Charter and Code provisions. if the Mayor does 110t sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 4 0 1— 578 PASSED AND ADOPTED this 14th day of June ,2001. J0FCAROLL0, MAYOR, fnae epaiutoe with Miami Cods Slat. 2.38, shw the Mayer dO nat Indicats spnmrirl of V* kCiblation by signing it in the dasignstm olucc ;?t-ovidnd. , Ald !>awwos effective with the elapse of ten d�ayr m th;; chit of C:�mr ATTEST: SM419 same, without tho Mavor ax ai n WALTER J. FOEMAN CITY CLERK APPROVED,lO FORM,4jP'CORRECTNESS:& Page 4 of 4 • CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members of the City Commission FROM - n City Manager RECOMMENDATION DATE- SLA ^ 5 L. sue.,Ec, : Proposed Resolution REFERENCES, Transfer of Ownership for ENCLOSURES Downtown Towing FILE - It is respectfully recommended that the City Commission approve the attached Resolution authorizing the transfer of ownership for Downtown Towing from Rachel Del Rosal to Dagmar Del Rosa], subject to: (1) any and all additional requirements of the contract; (2) a written assignment satisfactory to the City Attorney; and (3) any additional requirements to be met by the assignor pursuant to the contract and Chapter 42, Article V of the City Code. BACKGROUND Pursuant to Resolution Number 00-213, adopted March 9, 2000, the City Manager was authorized to execute an agreement with Downtown Towing for the provision of towing services in the City of Miami. Said agreement under its own terms, requires prior consent of the City Commission for any transfer, assignment, or sale. Rachel Del Rosal, President, of Downtown Towing has advised the City that she has entered into an agreement to transfer 100% of her rights and interests in providing services related to towing to Dagmar Del Rosal. Dagmar Del Rosal has agreed to accept the terms and conditions stipulated under the agreement between the City of Miami and Downtown and Chapter 42, Article V, of the Code of the City of Miami, Florida, as ameded. Pursuant to Motion #01-498, adopted May 24, 2001, the City Commission acknowledged, in principle, the proposed transfer of ownership of Downtown Towing Company from Rachel Del Rosa] to Dagmar Del Rosal, and approved, in principle, the proposed assignment of the agreement between the City and Downtown and directed that a public hearing be scheduled for consideration of such transfer and assignment. CAG/RrC/JLM/lr 01. 578 CITY OF MIAMI, FLORIDA is INTER -OFFICE MEMORANDUM TO: Walter J. Poeman DATE. JUN_ 014 7.01 Fu! L807-2 City Clerk SuBJWT : Request to Publish Notice for Public Hearing FROM: M&jor Jorge L. Manresa REFERENCES: Commander ENCLOSURES: Business Management Section Please make arrangements to publish a Notice of Public Hearing for objections to authorizing the transfer of ownership for Downtown Towing from Rachel Del Rosal to Dagmar Del Rosal. Attached is the advertisement. The date and time of this public hearing wi11 bat `y C%<% a.m. APPROVED 0i^ 578 X +(, { S� RPS e�4@�+w` f ��rk.+.tY fq'41, �a�r3 p, t Y t � � +" � .,'t ��-„s±,•G'-'*� .. ..iii � .'a, x � _ - y�^,,�� ?�x`'�'�p�.�,n,>.�` s k CITY OF MIAMI p• NOTICE TO THE PUBLIC A pahlic hearing will be held by the City Commission of the City of Mimi, Florida on 1 j— , at .-;-:r; e, a.m., in the City Commission Chambers at City Hall, Florida, for the se of authorize the transfer of ownership 35Qb Fatt American Drive, Miami, purpose ng p for Downtown Towing from Rachel Del Rosa to Dagmar Del Rosa, for the purpose. Inquiries from other potential sources of such a package who feel that they might be able to satisfy the City's requirements for this item may contact Pamela Burns, Sr. Procurement Contracts Officer, at the City of Miami Purchasing Department at (305) 416-1905. } f V g 5e,s9�t S 'e _'AU” F YS` .�- �°? �� f+.4 ,r' '�A-ry�^s �r'4t7 a`� r�y' �� ✓ x <<�, �` i t,, � �'� �.^t�' ��rt�+, k «F`�s � .� ��;�„t�v�. +. ;=s��v:�.�.�`i' .',� �a{lrY.f�+,��:„�".F,” �:'�iN �''��*�Y`r�4�;��F�..•. _r �' ,.. �p �'��z�� .�,..as��a � . .d01 10:42AM FRN-ARECE>i. GUE2.CICER0 i BOUCNER �3Qi4145Q0� T-115 P 011/002 KORO LISA B. CICERO, P.A. 150 ALHAMBRA CIRCLE SUITE #1270 CORAL GABLES, FLORIDA 33134 Phone, 305-446-6600 Fax: 305-444-5004 May 18, 2001 Chief Carlos Jimenez City Manager City of Miami - 100' Floor 444 S.W. 2nd Avenue Miami, Florida 33130 Re. Towing Contract, RFQ No.: 98-99-171 Dear Chief Jimenez: The undersigned represents Downtown Towing Company, ("Downtown'), one of the contract towers for the City of Miami. The owner of Downtown, Rachel Del Rosal, is unfortunately gravely III and suffering from Lou Gherig's disease. Doctors do not *#pact her to live much longer. In order to make final preparations, Mrs. Del Rosal desires to transfer her ownership interest In Downtown to Oagmar Del Rosa(. Dagmer is the Vice President of the Company and runs the day-to-day operations. I contacted Rafael Diaz of the City Attorney's Office, who advised that 1 needed to obtain written authorization from you to effectuate the transfer of shares without jespardizing Downtown's contract as a City tower. Officer Moe, however, believes this matter must be heard and approved by the full Commission. As this is a matter of urgency, I would greatly appreciate It if you would kindly verify whether Commission approval is actually required and if so, would it be possible to be Included as an item on the next agenda. If you are able to accomplish this administratively, It would be a substantial benefit to Mrs. Dej Rosal's estate. Time is of the essence. I don't know whether Mrs. Del Rosal will even survive until the next Commission meeting. Please call me at your earliest convenience If you wish to discuss this further. Thank you for your kind attention to this very important, matter. Sincerely, 40 ��/W Lisa B. Cicero -A t;&- 4 • u CITY OF MIAMI CITY CLERK'S REPORT MEETING DATE: May 24, 2001 Page No. S NON- A MOTION AUTHORIZING AND APPROVING M-01-498 l AGENDA THE TRANSFER OF OWNERSHIP FOR MOVED: TEELE DOWNTOWN TOWING FROM RACHEL DEL SECONDED: WINTON j ROSA TO DAGMAR DEL ROSA SUBJECT TO: ABSENT: REGALADO (1) ANY AND ALL ADDITIONAL REQUIREMENTS OF THE CONTRACT; (2) A WRITTEN ASSIGNMENT SATISFACTORY TO THE CITY ATTORNEY; AND (3) ANY ADDITIONAL REQUIREMENTS TO BE MET BY THE ASSIGNOR PURSUANT TO THE CONTRACT AND CHAPTER 42, ARTICLE V OF THE CITY CODE; FURTHER DIRECTING THE CITY MANAGER TO SCHEDULE A PUBLIC HEARING IN CONNECTION WITH THE AFOREMENTIONED ISSUE AT THE COMMISSION MEETING SCHEDULED FOR JUNE 14, 2001. 01- S78