HomeMy WebLinkAboutLegislation 2-25-16City of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 16-00047 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
ACCEPTING THE ASSIGNMENT OF OBLIGATIONS OF SOUTHLAND THE
TOWING COMPANY UNDER THE CITY OF MIAMI TOWING/WRECKER
AGREEMENT, PURSUANT TO REQUEST FOR QUALIFICATIONS CONTRACT NO.
04-05-054R, TO AMERICAN TOWING OF MIAMI, LLC; AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ACCEPTANCE OF ASSIGNMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, WITH AMERICAN TOWING OF MIAMI,
LLC, FOR THE PROVISION OF TOWING SERVICES, SUBJECT TO THE TERMS
AND CONDITIONS IN RESOLUTION NO. 07-0335, ADOPTED ON JUNE 14, 2007,
AND THE ATTACHED ACCEPTANCE OF ASSIGNMENT.
WHEREAS, pursuant to Resolution No. 07-0335, adopted on June 14, 2007, Southwest Transport,
Inc. d/b/a Westbrook Motors, Inc. was awarded a contract under Request for Qualifications Contract
No. 04-05-054R ("RFQ"); and
WHEREAS, Southwest Transport, Inc. d/b/a Westbrook Motors, Inc., and the City of Miami ("City")
entered into a City of Miami Towing/Wrecker Agreement on or about July 13, 2006 to provide such
services; and
WHEREAS, on October 22, 2008, Southwest Transport, Inc. d/b/a Westbrook Motors, Inc.,
changed its name to Southwest Transport, Inc. d/b/a Southland The Towing Company; and
WHEREAS, both the RFQ and the Agreement contained nonassignment and nondelegability
provisions stating that the Agreement shall not be transferred, conveyed, disposed of, assigned or
delegated without the City's prior written consent; and
WHEREAS, on or about March 11, 2015, the trade name Southland The Towing Company was
conveyed pursuant to an Agreement for Purchase and Sale of Assets without the prior written consent
of the City; and
WHEREAS, on or about August 3, 2015, said Agreement for Purchase and Sale of Assets was
assigned, transferred, and conveyed to American Towing of Miami, LLC;
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 adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The assignment of obligations of Southland The Towing Company under the City of
Miami Towing/Wrecker Agreement, pursuant to RFQ Contract No. 04-05-054R, to American Towing of
Miami, LLC, is hereby approved.
City of Miurni Page 1 of 2 File Id: 16-00047 (Version: 1) Printed On: 2/9/2016
File Number: 16-00047
Section 3. The City Manager is authorized {1} to execute an Acceptance of Assignment, in
substantially the attached form, with American Towing of Miami, LLC, for the provision of towing
services, subject to the terms and conditions contained in Resolution No. 07-0335, adopted on June
14, 2007, and the attached Acceptance of Assignment.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.
APPROVED AS TO FORM AND CORRECTNESS:
TORIA MENDEZ
CITY ATTORNEY
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 (10) 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.
City of Miami Page 2 of 2 File Id: 16-00047 (Version: 1) Printed Or:: 2/9/2016