HomeMy WebLinkAboutR-05-0287City of Miami
Legislation
Resolution: R-05-0287
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00368 Final Action Date: 5/12/2005
A RESOLUTION OF THE MIAMI CITY COMMISSION 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 AND/OR WARRANTY
REIMBURSEMENT MONIES OWED TO THE CITY FOR PERFORMING
WARRANTY WORK AT THE CITY GARAGE.
WHEREAS, 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; and
WHEREAS, the City of Miami ("City") purchased 32 High Compact 25 Cubic Yard Integrated
Automated Side Loading Refuse Vehicles ("Refuse Vehicles") from Container Systems and
Equipment Co., Inc. a/k/a Container System Equipment Inc. ("Container Systems") by purchase order
numbers 214628 and 230316 dated August 2, 2001 and October 22, 2002, respectively; and
WHEREAS, the Refuse Vehicles were manufactured by Lodal, Inc. ("Lodal"); and
WHEREAS, five of the Refuse Vehicles have caught on fire during routine trash collection
operations; and
WHEREAS, the fires have resulted in damage to the Refuse Vehicles and other property; and
WHEREAS, 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; and
WHEREAS, the City has suffered damages for unreimbursed warranty work performed at the City
garage; and
WHEREAS, the City has suffered damages as a result of Lodal's and/or Container Systems'
actions or failure to take the necessary actions to address all of the City's damages and concerns,
and wishes to obtain relief and/or to remedy its damages suffered as a result of said actions or failure
to act;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miami
Page 1 of 2 File Id: 05-00368 (Version: 11 Printed On: 11/14/2016
File Number: 05-00368 Enactment Number: R-05-0287
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 Attorney is directed to take any and all appropriate civil actions, necessary or
permitted, against Lodal and Container Systems to prosecute, protect and preserve the interests of
the 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 including but not limited to, damages related to
the fires involving the Refuse Vehicles and for unreimbursed warranty work performed at the City
garage.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten 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: 05-00368 (Version: 11 Printed On: 11/14/2016