Jade TowingJade Towing &Recovery,Inc.
5885 Commerce Lane
South Miami,Fl 33143
Tel:(305)669-3826
Fax:(30)669-3819
September 26,2005
City of South Miami
Mrs.Maria Davis
Office of the City Manager
6130 Sunset Drive
South Miami,Fl 33143
Re:RFP TOW 05-20-2005 -Towing Services
Dear Mrs.Davis:
R
SEP 28 2005
C!TY MANAGER'S QFFSCi
ECEIVEF)
OCT 10 »"
CITY CLERK'S OFFICE
PleasebeadvisedthisletteriswrittenonbehalfofJadeTowing&Recovery,Inc.,andis
submitted as a formal protest to the recommended awarding of the above captioned RFP to
Westbrook Motors,Inc.(hereinafter referred to as "Westbrook").At the outset,itis vital to note
that Westbrook did not submit a proposal for same,and quite frankly,itis inconceivable that
they would be considered,much less recommended for award.
Itisour firm beliefthattheselection committee failedtoadequately investigate and
review the proposal submitted by Southwest Transport,Inc.,d/b/a Westbrook Motors,Inc.
(hereinafter referred to as "Southwest").Apparently,enormous confusion has been generated by
thefactthatwithin Miami-Dade County two entities allegedly possess and transact business
underthename "Westbrook."ItisourcontentionthatSouthwest,withinitsproposaltotheCity
of South Miami,misrepresented themselves as Westbrook in an attempt to mislead and secure
the contract through the utilization ofthe latter's licenses,documents,and towing equipment.
The proposer herein,Southwest,does not possess a towing license;maintain a licensed
storage facility;or own any of the equipment submitted in their proposal.Notwithstanding,in
the proposal submitted to the City of South Miami,Southwest stated they owned 40 trucks,when
in fact,it appears they own none of the equipment enumerated therein (Exhibit "A").Based
upon our review of the ownership and registrations of the enumerated equipment,the following
was revealed:
•Westbrook Motors,Inc.,owns26ofthetruckslistedofwhich5arenot registered (it
should benotedthat4ofthe26truckswere previously ownedby Absolute Transfer,Inc.);
•Westbrook Management,Inc.,owns1ofthetrucksandis registered tosame;
•Absolute Recovery Towing,Corp.,owns5ofthetruckswhichare registered to same;
•Ford Motor Credit,Co.:owns1 of thetrucksandisregisteredto Absolute Transfer,Inc.;
•Volvo Commercial Finance LLC The Americas:owns1 of thetrucksandis registered to
same;
•4 trucks listed provided inaccurate VIN's,and thus it was not possible to determine
ownership;and
•2 trucks listed failed to provide VIN's,and thus it was not possible to determine ownership.
Assuming arguendo that the selection committee still desires to entertain Southwest as
maintaining a united interest with Westbrook,the aforesaid data reveals that Westbrook does not
own at least seven (7)of the trucks enumerated.Interestingly,five (5)of the seven (7)are
registered to an inactive corporation (Absolute Recovery Towing,Corp.),and one (1)is
registered to both an inactive and bankrupt corporation (Absolute Transfer,Inc.).Clearly,this
was a misrepresentation of the equipment ascribed to the proposer.In any event,both Southwest
and Westbrook,by the within submission,come before the selection committee with unclean
hands.
In addition,it appears that until recently,Absolute Transfer,Inc.,and Westbrook shared
common corporate officers and addresses.As such,the selection committee would have been
wise to investigate ifa predecessor in interest relationship existed between the entities which
wouldhave required the disqualification of Westbrook.
Further,it has come to our attention,that the selection committee embarked upon a course of
ex-parte communications with principals of Southwest in an effort to clarify their relationship
with Absolute Transfer's bankruptcy (Exhibit "B").A review of this correspondence reveals that
the selection committee allegedly became aware ofthe bankruptcy after searching
"www.sunbiz.org."Two facts are particularly worth noting.First,this website does not provide
bankruptcy information,and second,our entity,a competitive bidder,was not copied on the
correspondence.Moreover,the selection committee has not articulated why Southwest was
provided with an additional opportunity to comply with the requirements of the RFP.Southwest
should not have been afforded two bites at the apple or given preferential treatment in its j*
submission.Qi fa/Mif qUcU ^^f^7
.A review of the bid process reveals that Mr.Hernandez,fee sole principal of Southwest,in
response to the selection committee's request,submitted correspondence stating that he never
owned any shares in Absolute Transfer,Inc.,and,most vexing,that Absolute Transfer,Inc.,was
nota towing company (Exhibit "C").His response is fraught with inaccuracies and
misstatements.Initially,itis should be noted thathe responded on Westbrook letterhead andnot
the proposer's,Southwest.Further,his assertion that Absolute Transfer,Inc.,was not a towing
company is inaccurate asa review of Miami-Dade County records reveal that this entity was a
licensedtowingcompanyfrom 1992 to 2001 (Exhibit"D").
As evidence ofthe misrepresentation and wrongdoing by Southwest,the selection
committee,aswellastheCityManagerof South Miami haslostsightofthetrue proposer.A
review ofthe City Manager's recommended approval,as well asthe attached contract clearly
indicatesWestbrookasthe successful vendor,wheninfact,theynever submitted aproposal.
Lastly,pursuant to Paragraph C,Inspection of Facility and Equipment,on page 12 of the
above captioned RFP,the City Manager was obligated to provide our entity with aten (10)day
opportunity to cure any failure to meet the minimum equipment qualification requirements.This
provision was wholly ignored to the detriment of our entity,and,as such,this oversight,standing
alone,requires thatthe recommendation awarding the contract to Westbrook be nullified and the
entire matter re-advertised.
Based upon allofthe foregoing,it appears that neither entity hasmetthe necessary RFP
requirements.The City of South Miami has denied our entity due process and equal protection;
therefore,a re-advertising ofthe RFP is required.Further,dueto circumstances as enumerated
above,itis apparent thatthe City should immediately discontinue its relationship with both
SouthwestandWestbrookandaffordourentitytheopportunitytoserviceitstowingneeds
duringthe pendency of thismatter.
Upon receipt,please contact meat your earliest convenience sowe may further discuss the
within.
Very truly yours,
Julifl Andrade
President
/£~X///&ST""S?a
UNIT CURRENT OWNER PREVIOUS OWNER REGISTERED CORPORATION
59 No Hit
64 Westbrook Motors,Inc.Absolute Transfer No Active
74 Ford Motor Credit,Co.Yes (by,Absolute Transfer)N/A
77 Westbrook Motors,Inc.Yes (by,same as owner)Active
81 Volvo Commercial Finance LLC The Americas Yes (by,same as owner)N/A
87 Absolute Recovery &Towing,Inc./Manuel Lazaro Marono Yes (by,same as owner)Inactive
92 Absolute Recovery Towing Corp.Yes (by,same as owner)Inactive
94 Westbrook Motors,Inc.Absolute Transfer,Inc.Yes (by,same as owner)Active
95 Westbrook Motors,Inc.Yes (by,same as owner)Active
96 Westbrook Motors,Inc.Yes (by,same as owner)Active
97 Westbrook Motors,Inc.Yes (by,same as owner)Active
101,Absolute Recovery Towing Corp.Yes (by,same as owner)Inactive
102 Absolute Recovery Towing Corp.Yes (by,same as owner)Inactive
103 Absolute Recovery Towing Corp.Yes (by,same as owner)Inactive
104 Westbrook Motors,Inc.Yes (by,same as owner)Active
105 Westbrook Motors,Inc.Yes (by,same as owner)Active
106 Westbrook Motors,Inc.Yes (by,same as owner)Active
107 Westbrook Motors,Inc.Yes (by,same as owner)Active
108 Westbrook Motors,Inc.Southwest Transport,Inc.Yes (by,same as owner)Active
109 No Hit
111 VIN Not Provided
112 Westbrook Motors,Inc.Yes (by,same as owner)Active
113 Westbrook Motors,Inc.Yes (by,same as owner)Active
114 Westbrook Motors,Inc.Yes (by,same as owner)Active
115 Westbrook Motors,Inc.Yes (by,same as owner)Active
117 Westbrook Motors,Inc.Yes (by,same as owner)Active
119 Westbrook Motors,Inc.Yes (by,same as owner)Active
120 Westbrook Motors,Inc.Yes (by,same as owner)Active
121 Westbrook Motors,Inc.Yes (by,same as owner)Active
122 Westbrook Motors,Inc.Yes (by,same as owner)Active
123 Westbrook Motors,Inc.Yes (by,same as owner)Active
T103 Westbrook Motors,Inc.Absolute Transfer No Active
T104 Westbrook Motors,Inc.Absolute Transfer No Active
T105 No Hit
T112 VIN Not Provided
T114 Westbrook Motors,Inc.Southwest Transport,Inc.No Active
T115 Westbrook Management,Inc.Yes (by,same as owner)Active
T116 No Hit
T117 Westbrook Motors,Inc.Yes (by,same as owner)Active
T118 Westbrook Motors,Inc.No Active
City of South Miami
6130 Sunset Drive,South Miami,Florida 33143
August 2,2005
Via Fax Delivery
Mr.Peter Hernandez,President
Westbrook Motors
Fax (305)888-4909
Re:RFP TOW 05-20-2005 -Towing Services
Dear Mr.Hernandez:
£*X*r7&s7-"<&
The Towing Committee met last week to review submitted proposals.After checking the internet
at "www.sunbiz.org"we found some irregularities requiring clarification.
Absolute Towing shows Mr.Peter Hernandez as one of'the principals before the company filed for
bankruptcy.Please advise whether this the same Peter Hernandez,who is president of Westbrook.I
enclose a copy of the corporate filing for Absolute Towing.Ifit is another Peter Hernandez,please
advice if there is a familial relationship with the Peter Hernandez of Absolute Towing.In addition,if
there isan affiliation with Absolute Towing,please explain why this information was not disclosed onthe
RFP.Moreover,if there is an affiliation through any of Westbrook Motors'officers,directors,or
employees,please provide the bankruptcy information for Absolute Towing,as required under the RFP.
Please provide thishiformation by Monday,August 8,2005.
Sincere!
athyVa
3urchasin^Knag^r
City ofS£^-Miami
C.RFPTowingCommittee
Eve Boutsis,City Attorney
/fXff7&/7~'"<2"
WESTBROOKMOTORSINC
August4,2005
KATHYVAZQUERZ
PURCHASINGMANAGER
CITYOFSOUTHMIAMI
RE;REPTOW05-20-2005
TOWINGSERVICES
DEARMISVAZQUEZ
ABSOLUTETOWINGCORPORATIONISNOTOWNEDBYMEANDINEVER
OWNERDANYSTOCKINTHISCOMPANY.
THECOMPANYINQUESTIONISABSOLUTETRANSFERINC.
THISCOMPANYWASOWNEDBYROBERTMURIEDASASPRES
ANDMANUELMARONOASVP.THESTOCKWASOWNERDBYROBERT
MURIEDASANDMANUELMARONO.IPETERHERNANDEZDIDNOTHAVE
ANYSHARESINTHISCOMPANY
HOWEVERTHISCOMPANYWASNOTATOWINGCOMPANYTHISWASA
TRUCKINGCOMPANYTHATMOVESEQUIPMENTFROMSTATETOSTATE
IDIDNOTDISCLOSETHISINTHERFPBECAUSEITDIDNOTHAVE
ANYTHINKTODOWITHTHEBANKRUPTSY.
INCLOSEARECOPYSOFALLTHEPAPERWORK.
PLEASECALLMEIFNEEDEDMYCELL#305-345-5999
THANKYOU.
PETERFHERNANDEZ
PRESIDENT
WESTBROOKMOTORSINC
SOUTHWESTTRANSPORTINC
SOUTHWESTTRANSPORT//WESTBROOK
slteceived Tax Sen 23 2005 4:54PM Fax Station :HP LASERJET FAX
SEP-23-2005 FRI 04:51 PHCSDLICENSINGSECTIONFAX NO.3053753512 P,01/02
TOWING BUSINESS LICENSE APPLICATION
j^ysT's^sT*"£>
555
Status
Kxpircd
Initial Appl.
10/30/1992
Issued Data Renw Date E*p.Dale
10/20/199910/19/200010/20/2001
Company Name
Absolute Transfer,Inc.
Company oVb/a
Absolute Transfer,Inc.
Registered Ag»nt /Owner Occ.Licens*
Robert Muriedas 288X26-2
Address
5055 NW 74 Avenue
City
Miumi
State
FL
ZIP
33166
Business Phone Beeper/Cellular
(305)436-0474 (305)S70-8504
Sole ProprietorO Partnership O Corporation (•)
Comments
III REQUEST
Types of Service(s)Provided
Consent Tows [3
Non-Consent (private)O
Non-Consent (police)•
Storage CD
Roadside Solicitation [J
Oilier D
Explain
Demographics
Gender District
M 0
Race
Hispanic
Origin
Cuban
Language
English
Unincorporated Dade?|
Fees Paid
Dgte Amount Comments
9/29/2003 retmail,mail2 addr
per sala
ll
HP LASERJET 3150
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CITY OF SOUTH MIAMI
Office ofthe City Manager
6130 Sunset Drive
South Miami,FL 33143
Telephone:(305)668-2510 Fax:(305.663-6345
I veBoutals
I aria Davis,City Manager
(ctober 10,2005
4p5-854-5351
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