HomeMy WebLinkAboutR-04-0322City of Miami
Legislation
Resolution: R-04-0322
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-00509 Final Action Date: 5/6/2004
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING RESOLUTION NO. 02-738, ADOPTED JUNE 27, 2002; AUTHORIZING
THE CITY MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, ACKNOWLEDGING THE TRANSFER
OF SOUTHWEST TOWING, INC. TO ABSOLUTE MANAGEMENT TRANSFER FOR
THE PROVISION OF TOWING SERVICES FOR THE CITY OF MIAMI.
WHEREAS, the City of Miami ("City") issued Request for Qualifications ("RFQ") No. 98-99-171
for towing services ("Services") to be provided for the City; and
WHEREAS, on March 9, 2000, pursuant to the terms and conditions contained in the RFQ,
the City Commission pursuant to Resolution No. 00-213, authorized the City to award a contract to
Southwest Transport Inc. d/b/a "Southland the Towing Company" ("Southwest"); and
WHEREAS, Southwest and the City entered into a City of Miami Towing/Wrecker Agreement
("Agreement") on May 3, 2000 for Southwest to provide such Services; and
WHEREAS, both the RFQ and the Agreement contained nonassignment and nondeligability
provisions stating that the Agreement shall not be transferred, conveyed, disposed of, assigned or
delegated without the City's prior written consent; and
WHEREAS, beginning May 30, 2002, Southwest began negotiations to transfer its stock and
assets to Absolute Management Corporation; and
WHEREAS, on June 27, 2002, the City Commission, pursuant to Resolution No. 02-738,
approved the transfer of ownership of Southwest originally owned by Miller Industries, to "Southwest
Transport, Inc. d/b/a Absolute Transfer, Inc." owned by Peter Hernandez, Manuel Marono and
Roberto Mureidas; and
WHEREAS, in fact, the stock and assets of Southwest was being transferred Miller Industries
to Absolute Management Corporation; and
WHEREAS, the Southwest's officers resigned effective December 30, 2002, upon the
acquisition of the outstanding shares of the stock by Absolute Management Corporation; and
WHEREAS, Absolute Management Corporation, owned by Manuel Marono and Roberto
Mureidas, has been providing towing services for the City;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
City of Miami
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File Number: 04-00509 Enactment Number: R-04-0322
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized{1} to execute the Acceptance of Assignment
("Agreement"), in substantially the attached form, with Absolute Management Corporation for the
provision of towing services, for the City of Miami, subject to the terms and conditions contained in
Resolution No. 02-738, adopted June 27, 2002, and the attached Agreement.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
Footnotes:
{1} The herein authorization 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.
{2} If the Mayor does not 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.
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