Emails Nov-Dec 2005Page 1 of 1
From: Davis, Maria
Sent: Tuesday, December 13, 2005 9:36 AM
To: Mayors & Comm
Subject,; o %... , ftw
Just wanted to let you know that we did find alternate vendors which we will use on an interim basis until the new
bid goes out. Of course, now Westbrook is not happy; however, I think it is cleaner this way. Please be advised
however, that through our research we found that the volume of towing in our City is really not enough to make it
attractive to have 2 or more vendors on board sharing the work. I will go over this with the "towing committee"
and see how they feel about just one vendor. No other City our size rotates the work.
- - - -- Original Message---- -
From: Vazquez, Kathy
Sent: Monday, December 12, 2005 6:47 PM
To: Martinez, Orlando; Balogun, Ajibola
Cc: Rothstein, Susan; Davis, Maria
Subject: Towing
Effective immediately the towing vendor has been changed from Westbrook and Excalibur to Haul -O -Way and a
different towing company. Both Westbrook and Excaliber's owners have been notified of the change.
The newly selected companies will rotate on a weekly basis starting with Haul -O -Way this week and the other
next week. I will give you the other company's information tomorrow.
Haul -O -Way claims he owns all its equipment and holds the State of Florida Rotating selection for the area. City
tows will be at $1.00 each, larger city tows will be at a flat rate of $75.00 each. These fees apply if tows are within
the city limits and Public Works. An administrative fee of $25.00 per tow will be payable to the city on a monthly
basis. Because of this reason please keep track of tows.
This vendor will be used until further notice.
Thanks
Haul -O -Way (approx. 2 miles from city boundary)
2721 SW 69 Ct.
Miami, Fl. 33155
305/263 -8280
305/263 -8281 fax
Owner: George Garcia
Cell # 305/970 -7094
Kathy Vazquez
Purchasing Manager
City of South Miami
6130 Sunset Drive
South Miami, Fl. 33143
305/663 -6339
305/667 -7806 fax
Please notes Florida has a very broad public records law. Most written
communications are public records and available to the public and media upon
request. Your e -mail communications may therefore be subject to public
disclosure.
12/13/2005
Page 1 of 2
Menendez, Maria
From: Andrade, Rafael [randrade @stu.edu]
Sent: Friday, November 25, 2005 3:40 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpal2000 @belIsouth.net;
mmenendez @cityofsouthmiami.net
Subject: FW: City of South Miami's Relationship with Westbrok
Dear Mrs. Davis:
In making a determination regarding the City's relationship with its current provider of towing services, Westbrook
Motors, Inc., it is our firm belief that the significant weight should be placed upon the attached "NON COLLUSION
AFFIDAVIT OF PRIME BIDDER" executed by Peter F. Hernandez, president of both Westbrook Motors, Inc., and
Southwest Transport, Inc. d /b /a Westbrook Motors, Inc.
Very truly yours,
Rafael E. Andrade
Account Executive
National Parking System, Corp.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndrade @stu.edu
From: Andrade, Rafael
Sent: Wed 11/23/2005 8:34 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpal2000 @bellsouth.net;
mmenendez @cityofsouthmiami.net
Subject: City of South Miami's Relationship with Westbrok
Dear Mrs. Davis:
Please advise what action, if any, the City is going to take in light of your correspondence dated November 22,
2005. As previously stated, the City has absolutely NO contractual relationship or obligation to either Southwest
Transfer, Inc. d /b /a/ Westbrook Motors, Inc. and /or Westbrook Motors, Inc., and it is respectfully submitted
that the City should terminate its relationship with said entities effective immediately.
Further, I am confident you will provide the Office of the City Attorney with a copy of your correspondnece and
instructions that they determine what trangressions of law, if any, the identified entities have committed vis -a -vis
the submission of the proposal in question.
Lastly, our entity is ready, willing, and able to begin rendering towing services to the City of South Miami effective
immediately.
11/28/2005
Page 2 of 2
Very truly yours,
Rafael E. Andrade
Account Executive
Jade Towing & Recovery, Inc.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndradeCcDstu.edu
11/28/2005
ATTACHMENT B -4
NON COLLUSION AFFIDAVIT OF PRIME BIDDER
State of Florida
County of Miami Dade
PETER F HERNANDEZ , being first duly sworn, deposes and says that:
(1) He is PETER F HERNANDEZ of
SOUTHWEST TRANSPORT INC DZB /A WESTBROOK AJOTORS
The Bidder that has submitted the attached Bid:
(?) He is fully informed respecting the preparation and contents of the attached
Bid and of all pertinent circumstances respecting such Bid:
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partner, own agents,
representatives, employees or parties in interest, including this affiant, has in any
way colluded, conspired, connived or agreed directly or indirectly with any other
Bidder, firm or person to sub a collusive or sham Bid in connection with the
Contract for which the attached Bid has been submitted or to refrain bidding in
connection with such Contract, or has in any manner, directly or indirectly, sought
by agreement or collusion or communication or conference with any other Bidder,
firm or person, or to fix any overhead, profit or cost element of the Bid price or the
Bid price any other Bidder, or to secure through any collusion, conspiracy,
connivance or unlawful agreement any advantage against the City of South Miami
(Local Public Agency) or any person interested in the proposed Contract; and
The price or prices quoted in the attached Bid are fair and proper and are not tainted
by any collusion, conspiracy, connivance or unlawful agreement on the part of the
Bidder or any of its agents, representatives, owners, employees arties in
interest, including this affiant.
Name: PETER F HERNANDEZ Signed: j
Title: PRES
Subscrib nd sworn to b f re me this _ �� day of
?00- n n
(Signed by Pubic N tary
Commission Expires:
Notary St-am-p
A �(2Y P�;� OFFICIAL NOTARY SEAL
0 �� GUILLERMO CHEZ
T'y fi y CJ.';IAMISSICNNUI BER q
Nm
DD047633
G� tY COMMISSION EXPIRES 65
1 't
AUG. 5,2005
Page 1 of 1
Menendez, Maria
From: Andrade, Rafael [randrade @stu.edu]
Sent: Wednesday, November 23, 2005 8:35 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpal2000 @belIsouth.net;
mmenendez @cityofsouthmiami.net
Subject: City of South Miami's Relationship with Westbrok
Dear Mrs. Davis:
Please advise what action, if any, the City is going to take in light of your correspondence dated November 22,
2005. As previously stated, the City has absolutely NO contractual relationship or obligation to either Southwest
Transfer, Inc. d /b /a/ Westbrook Motors, Inc. and /or Westbrook Motors, Inc., and it is respectfully submitted
that the City should terminate its relationship with said entities effective immediately.
Further, I am confident you will provide the Office of the City Attorney with a copy of your correspondnece and
instructions that they determine what trangressions of law, if any, the identified entities have committed vis -a -vis
the submission of the proposal in question.
Lastly, our entity is ready, willing, and able to begin rendering towing services to the City of South Miami effective
immediately.
Very truly yours,
Rafael E. Andrade
Account Executive
Jade Towing & Recovery, Inc.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndrade(o)stu.edu
11/28/2005
Page 1 of 1
Menendez, Maria
From: Davis, Maria
Sent: Tuesday, November 22, 2005 6:22 PM
To: Mayors & Comm; Sherar, Craig
Cc: Julio Robaina ( Julio .Robaina @myfloridahouse.gov); Figueredo, Luis; Boutsis, Eve; Vazquez, Kathy;
Rothstein, Susan
Subject: Towing Bid Determination
Hello all — After careful review of the two bids submitted for the towing RFP, it is in the best interest of the City to
rebid the RFP completely. Both bids were non - responsive. Letters have been mailed to the two contractors, copy
attached.
11/28/2005
November 22, 2005
Mr. Julio Andrade, President Mr. Peter Hernandez, Director
Jade Towing Southwest Transport,
Inc.
5885 Commerce Lane DBA Westbrook Motors
South Miami, FI 33143 1759 Palm Ave
Hialeah, FI 33010
RE: RFP No. TOW5-20 -2005 — City of South Miami Towing Services
Dear Gentlemen:
After careful consideration and review of both proposals received by the
City of South Miami (hereinafter "City ") pursuant to RFP No. TOW5 -20 -2005
(hereinafter "RFP "), the City has elected to exercise its right to reject all
proposals and re- advertise the RFP for City -wide towing services.
It is the City's goal to ensure maximum competition among all potential
proposers and to secure the best values, prices, and consideration for the
City of South Miami and its residents at the lowest possible expense.
The City only received two timely proposals in response to the RFP. One
proposal was not responsive because it did not address all of the required
equipment needs specified in the RFP. The other proposal, that of
Southwest Transport d /b /a Westbrook Motors (hereinafter "Southwest "),
was initially thought to be responsive; however, upon further analysis it
has been determined that the proposal of Southwest is also not responsive
to the RFP. It has recently been brought to the City's attention that
Westbrook Motors, Inc. is a separate corporate entity from Southwest, and
as such, Southwest as a distinct and separate proposer is not qualified on
the basis of its submission in response to the RFP as it neither owns nor
leases the equipment required by the RFP, the certificate of insurance
submitted by Southwest for purposes of meeting the RFP's insurance
requirements lists Westbrook Motors, Inc., a separate corporate entity, as
the insured, and the required licenses, references, company experience,
and letter of credit all pertain to Westbrook Motors, Inc. rather than
Southwest. Additionally, it is apparent from a review of the corporate
records of Southwest -- available at the Florida Division of Corporations
website -- that until 2003, Southwest's principal place of business was
listed as Ooltewah,
Tennessee, although at least three officers were listed with Miami
addresses. Southwest changed its officers and its principal place of
business in 2003 when Roberto Muriedas, a principal of Absolute Transfer,
was named President, Manny Marino was named Vice President, and Peter
Hernandez was named Secretary /Treasurer. According to the online
records of the Division of Corporations, Roberto Muriedas was the
president of Southwest until January 2005, when Peter Hernandez was
named president, and the other listed officers were removed.
In light of the foregoing, it is in the City's best interest to re- advertise RFP
No. TOW5 -20 -2005 in order to obtain qualified, responsive, and responsible
proposals through fair and open competition so as to ensure the City's
ability to achieve its goal of securing city -wide towing services at the best
value for the City of South Miami.
Sincerely,
Maria V. Davis
City Manager
Cc: Mayor Russell, Vice Mayor Palmer, Commissioners
Luis Figueredo, Esq.
Kathy Vazquez
Page 1 of 1
Menendez, Maria
From: Andrade, Rafael [randrade @stu.edu]
Sent: Tuesday, November 22, 2005 2:13 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpal2000 @bellsouth.net;
mmenendez @cityofsouthmiami.net
Subject: RFP TOW 05 -20- 2005 - Towing Services
Dear Mrs. Davis:
A review of the City of South Miami Code fails to reveal a section which deals with bid protests. What is the City's
protest procedure? Could you please provide me with the City, County, or State section that our protest is being
reviewed under.
Thank you in advance for your anticipated cooperation.
Very truly yours,
Rafael E. Andrade
Account Executive
Jade Towing & Recovery, Inc.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndrade(o)stu.edu
11/28/2005
Page 1 of 2
Menendez, Maria
From: Davis, Maria
Sent: Tuesday, November 22, 2005 9:49 AM
To: 'Andrade, Rafael'
Cc: Mayors & Comm
Subject: RE: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
Mr. Andrade — The attorney has reviewed the packages thoroughly and a letter should be going out today.
Nothing is going to happen until the attorney's response is received by you. Upon receipt of the attorney's
evaluation, I'll be happy to sit down and discuss the findings. As I had mentioned to you in the past, I do not
speak to contractors during a bid protest evaluation.
Maria V. Davis
City Manager
- - - -- Original Message---- -
From: Andrade, Rafael [mailto:randrade @stu.edu]
Sent: Monday, November 21, 2005 4:06 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpa12000 @bellsouth.net;
mmenendez @cityofsouthmiami.net
Subject: FW: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
Dear Mrs. Davis:
I am still waiting for a response.
Very truly yours,
Rafael E. Andrade
Account Executive
National Parking System, Corp.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndrade @stu.edu
From: Andrade, Rafael
Sent: Thu 11/17/2005 7:13 PM
To: mdavis @cityofsouthmiami.net
Subject: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
Dear Mrs. Davis:
Over the course of the last several weeks, I have left numerous messages with your office requesting that
you provide us with the name and contact information of the attorney who is reviewing our protest to the
recommended awarding of the above captioned RFP to Westbrook Motors, Inc. ( "Westbrook "). To date, I
11/28/2005
Page 2 of 2
have not received a response. It is my firm belief that this is public information which should be available
upon request.
As such, it is once again respectfully requested that our entity be provided with the name and contact
information of the attorney who is reviewing above captioned bid protest. As I am sure you might
understand, we merely want to ensure that this matter is being properly addressed.
Lastly, it is quite disconcerting to learn that, in spite of the serious issues which have been brought to the
City's attention regarding Westbrook, the City has elected to continue this relationship. This is so even
though the City has absolutely no contractual obligation to Westbrook. In fact, I would like to know on
what basis and how the City went about establishing said relationship with Westbrook. Please advise at
your earliest convenience.
Very truly yours,
Rafael E. Andrade
Account Executive
Jade Towing & Recovery, Inc.
5885 Commerce Lane
South Miami, Fl 33143
Tel: (305) 669 -3826
Fax: (305) 669 -3819
E -mail: randrade pstu.edu
11/28/2005
Menendez, Maria
From: Luis Figueredo [Ifigueredo @ngf- law.com]
Sent: Monday, November 21, 2005 4:22 PM
To: Menendez, Maria
Subject: RE: question
Maria it depends on the type of the RFP all RFP require a bid protest
process. Those RFP's issued pursuant to FS 287 would be subject to FS.
Notwithstanding FS, if the bid does not reference a bid protest process the
FS should serve as the default.
- - - -- Original Message---- -
From: Menendez, Maria [ mailto: MMenendez @cityofsouthmiami.net]
Sent: Monday, November 21, 2005 4:16 PM
To: Luis Figueredo
Subject: question
Importance: High
Luis, could you point where on our code there is a reference that we are
governed by FS when it comes to bids protests. This is like an emergency.
Thanks,
Maria M. Menendez
City Clerk
6130 Sunset Drive
South Miami, FL 33143
Tel: 305 - 663 -6340
Fax: 305 - 663 -6348
Email: mmenendez @cityofsouthmiami.net
1
Page 1 of 2
Payne, Nkenga
From:
Menendez, Maria
Sent:
Monday, November 21, 2005 4:29 PM
To:
Payne, Nkenga
Subject: FW: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
File
914aria W. Wenendez
City Clerk,
6130 Sunset I0five
South Wiami, FL 33143
7eh 305- 663 -6340
Fax• 305- 663 -6348
Emaik mmenendez @cityofsouthmiami. net
From: Andrade, Rafael [mailto:randrade @stu.edu]
Sent: Monday, November 21, 2005 4:06 PM
To: mdavis @cityofsouthmiami.net
Cc: demran55 @aol.com; cmbc @bellsouth.net; czsherar @timewolf.net; velpal2000 @bellsouth.net;
mmenendez @cityofsouthmiami.net
Subject: FW: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
Dear Mrs. Davis:
I am still waiting for a response.
Very truly yours,
Rafael E. Andrade
Account Executive
National Parking System, Corp.
5885 Commerce lane
South Miami, FI 33143
Tel: (305) 674 -8667
Mobile: (305) 216 -2028
Fax: (305) 674 -8965
E -mail: RAndrade(a)-stu.edu
From: Andrade, Rafael
Sent: Thu 11/17/2005 7:13 PM
To: mdavis @cityofsouthmiami.net
Subject: Request for Public Information (RFP TOW 05 -20- 2005 - Towing Services)
Dear Mrs. Davis:
11/21/2005
Page 2 of 2
Over the course of the last several weeks, I have left numerous messages with your office requesting that you
provide us with the name and contact information of the attorney who is reviewing our protest to the
recommended awarding of the above captioned RFP to Westbrook Motors, Inc. ( "Westbrook "). To date, I have
not received a response. It is my firm belief that this is public information which should be available upon
request.
As such, it is once again respectfully requested that our entity be provided with the name and contact information
of the attorney who is reviewing above captioned bid protest. As I am sure you might understand, we merely
want to ensure that this matter is being properly addressed.
Lastly, it is quite disconcerting to learn that, in spite of the serious issues which have been brought to the City's
attention regarding Westbrook, the City has elected to continue this relationship. This is so even though the City
has absolutely no contractual obligation to Westbrook. In fact, I would like to know on what basis and how the
City went about establishing said relationship with Westbrook. Please advise at your earliest convenience.
Very truly yours,
Rafael E. Andrade
Account Executive
Jade Towing & Recovery, Inc.
5885 Commerce Lane
South Miami, Fl 33143
Tel: (305) 669 -3826
Fax: (305) 669 -3819
E -mail: randrade(a-)stu.edu
11/21/2005
Page 1 of 1
Menendez, Maria
From: Davis, Maria
Sent: Wednesday, December 07, 2005 11:47 AM
To: Mayors & Comm
Cc: Figueredo, Luis; Julio Robaina (Julio.Robaina @myfloridahouse.gov); Balogun, Ajibola; Martinez,
Orlando; Vaz uez, Kathy
Subject: Ralph Andrade - Ja,,e Towing
Please be advised that my office received four calls prior to 10AM this morning from Mr. Andrade. This
gentlemen cannot understand why the City will not change its towing equipment requirements to accommodate
his company. He stated that he will continue to contact the commission to have the commission dictate to staff
that it is in the best interest of the city to utilize his firm because his firm is within the city limits.
He also believes that the City should not utilize Westbrook Towing because of his interpretation that they
fraudulently submitted their bid. Westbrook is a certified vendor for Miami -Dade County and we are currently
utilizing (piggybacking) that bid to carry us until we make a determination as to whether we rebid or not. Thus far,
our survey of other cities reveals that the smaller cities utilize (piggyback) Miami -Dade County and State of Fla.
Bids.
Mr. Andrade has called my office repeatedly approximately 3 -4 times daily for the past 90 days, at least. I
advised him in writing that I could not speak to him because he submitted a bid and subsequently a formal bid
protest. He continued to call my office repeatedly even after I put it in writing to him that I could not take his
calls.
This is an extremely unfortunate situation where a company does not meet the minimum qualifications to do our
business. I would like to give preference to a local vendor; however, it would be highly improper for me to modify
the City's equipment specifications to accommodate a specific vendor.
Maria
12/7/2005