HomeMy WebLinkAboutcover memoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayo `• nd M
FROM: Jorge L. Fernand,1 'ity Attorney
DATE: May 3, 2005
RE: Proposed Resolution For City Commission Meeting — May 12, 2005
Directing The City Attorney To Take Any And All Appropriate Civil
Actions Against Lodal, Inc. And Container Systems and Equipment Co.,
Inc. a/k/a Container System Equipment, Inc. To Prosecute, Protect And
Preserve The Interests Of The City Of Miami ("City") Including, But Not
Limited To, Any Action Authorized By Law Or In Equity To Obtain Any
Relief Or Remedy For Recovery Of Damages Sustained By The City
Related To Refuse Vehicle Fires.
ers of the City Commission
The attached proposed Resolution requests authorization to take any and all appropriate
civil actions against Lodal, Inc. and Container Systems and Equipment Co., Inc. a/kla Container
System Equipment Inc. to obtain relief and/or to remedy the City's resulting damages from fires
involving City refuse vehicles and unreimbursed warranty work performed by the City in
connection with the refuse vehicles.
Pursuant to Resolution No. 01-591, the City Manager was directed to take all steps
necessary for the expeditious acquisition of equipment and containers for implementation of the
first phase of the Department of Solid Waste's Residential Automated Garbage and Trash
Collection System. The City purchased 32 High Compact 25 Cubic Yard Integrate{:! Automated
Side Loading Refuse Vehicles ("Refuse Vehicles") from Container Systems and Equipment Co.,
Inc. a/k/a Container System Equipment Inc. ("Container Systems"). The Refuse Vehicles were
manufactured by Lodal, Inc. ("Lodal").
Five of the Refuse Vehicles have caught on fire during routine trash collection
operations, resulting in damage to the Refuse Vehicles and other property. Although the City
has made written demand upon Lodal and Container Systems that they replace the burned
Refuse Vehicles, indemnify the City for all damages related to the fires, and take the necessary
preventive and remedial actions to protect the remainder of the City's Refuse Vehicles fleet
from fire, to date Lodal and Container Systems have only replaced three of the burned Refuse
Vehicles and have not taken the necessary actions to address, despite demand, all of the City's
damages and concerns. Also, the City is owed over $70,000 for unreimbursed warranty work
performed by the City on the Refuse Vehicles at the City garage.
W 1197:MJS
Attachment
c: Joe Arriola, City Manager
Elvi G. Alonso, Agenda Coordinator