HomeMy WebLinkAboutR-19-0491City of Miami
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Resolution: R-19-0491
File Number: 6788 Final Action Date: 12/12/2019
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
CONSENTING TO, ACCEPTING, AND APPROVING THE ASSIGNMENT BY
WELLS FARGO BANK, N.A. ("WELLS FARGO" AND "ASSIGNOR") TO ITS
CURRENT SUBCONTRACTOR REMITCO LLC ("REMITCO" AND
"PROVIDER/ASSIGNEE") FOR PROCESSING REMITTANCES UNDER THE
RETAIL IMAGE LOCKBOX SERVICE AGREEMENT ("LOCKBOX
AGREEMENT") BETWEEN THE CITY OF MIAMI, A MUNICIPAL
CORPORATION OF THE STATE OF FLORIDA ("CITY" AND "CUSTOMER"),
AND WELLS FARGO; AUTHORIZING THE CITY MANAGER TO NEGOTIATE
AND EXECUTE A CONSENT TO ASSIGNMENT AND ASSUMPTION OF THE
LOCKBOX AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY
ATTORNEY, TO INCORPORATE REMTICO AS THE NEW COMPANY TO
PROVIDE CONTINUING RETAIL IMAGE LOCKBOX SERVICE ("SERVICE(S)")
TO THE CITY UNDER THE LOCKBOX AGREEMENT PURSUANT TO
SECTION 18-85 OF THE CODE OF THE CITY OF MIAMI, AS AMENDED
("CITY CODE") AS AUTHORIZED BY CITY COMMISSION RESOLUTION NO.
R-07-0648, ADOPTED NOVEMBER 9, 2007, FOR MONTH-TO-MONTH
SERVICES ON A PER ITEM SCHEDULE BASIS; FURTHER AUTHORIZING
THE CITY MANAGER TO NEGOTIATE AND EXECUTE ALL OTHER
DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS,
WAIVERS OF NOTICE(S), AND MODIFICATIONS TO THE LOCKBOX
AGREEMENT, SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND
BUDGETARY APPROVAL(S) HAVING BEEN PREVIOUSLY MADE, AND IN
COMPLIANCE WITH APPLICABLE PROVISIONS OF THE CITY CODE,
INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY
ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN
CHAPTER 18 OF THE CITY CODE, ALL IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY, AND IN COMPLIANCE WITH APPLICABLE REGULATIONS,
AS MAY BE NECESSARY FOR SAID PURPOSE.
WHEREAS, the City of Miami ("City") and Wells Fargo Bank, N.A. ("Wells Fargo" and
"Assignor") are parties to a Retail Image Lockbox Service Agreement ("Lockbox Agreement")
pursuant to which Wells Fargo provides its Retail Image Lockbox Service ("Service(s)") to the
City; and
WHEREAS, under the Lockbox Agreement, Wells Fargo processes checks, and other
instruments submitted in payment of obligations to the City ("Remittances"), received at a post
office box maintained on the City's behalf ("Lockbox"), and Remitco, LLC ("Remitco" and
"Provider/Assignee") is currently Wells Fargo's subcontractor for processing Remittances for the
City under the Lockbox Agreement, on each Business Day; and
City of Miami Page 1 of 3 File ID: 6788 (Revision:) Printed On: 1/2/2020
File ID: 6788 Enactment Number: R-19-0491
WHEREAS, Wells Fargo and Remitco entered into an Asset Purchase Agreement,
dated March 19, 2019 ("APA"), pursuant to which Wells Fargo as Assignor has agreed to assign
its customer contracts, including the Lockbox Agreement with the City, to Remitco as
Provider/Assignee for the provision of the continued Retail Image Lockbox Service
("Service(s)"); and
WHEREAS Wells Fargo and Remitco have requested the City's consent to, and
acceptance and approval of the assignment of the Lockbox Agreement from Wells Fargo to
Remitco and the assumption of such obligations by Remitco to continue to provide the Service
to the City; and
WHEREAS, pursuant to Section 18-85 of the City Code, as authorized by City
Commission Resolution No. R-07-0648, adopted November 9, 2007, for month-to-month
Service on a per item schedule basis, by Remitco as Provider under the Lockbox Agreement for
the continuation of Service(s) to 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
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission hereby consents to, accepts, and approves the
assignment by Wells Fargo as Assignor to its current subcontractor Remitco as
Provider/Assignee for processing Remittances under the Lockbox Agreement between the City
and Wells Fargo.
Section 3. The City Manager is authorized' to negotiate and execute a consent to
assignment and assumption of the Lockbox Agreement, in a form acceptable to the City
Attorney, to incorporate Remitco as the new company to provide the continuing Service(s) to the
City under the Lockbox Agreement pursuant to Section 18-85 of the City Code, as authorized by
City Commission Resolution No. R-07-0648, adopted November 9, 2007, for month-to-month
Service on a per item schedule basis.
Section 4. The City Manager is further authorized to negotiate and execute all other
documents, including any amendments, renewals, extensions, waivers of notice(s), and
modifications to the Lockbox Agreement, subject to allocations, appropriations, and budgetary
approval(s) having been previously made, and in compliance with applicable provisions of the
City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial
Integrity Principles, all as set forth in Chapter 18 of the City Code, all in a form acceptable to the
City Attorney, and in compliance with applicable regulations, as may be necessary for said
purpose.
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.2
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 City 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 3 File ID: 6788 (Revision:) Printed on: 1/2/2020
File ID: 6788
APPROVED AS TO FORM AND CORRECTNESS:
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Enactment Number: R-19-0491
City of Miami Page 3 of 3 File ID: 6788 (Revision:) Printed on: 1/2/2020