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Resolution
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3501:I Pan American
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Ml �mi, EL 33133
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File Number: 05-00368 Final Action Date:
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,
FLORIDA:
City of Miami Page 1 of 2 Printed On: 5/3/2005
File Number: 05-00368
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}
APPROVED AS TO FOR AND CORRECTNESS:
JORGE L. FERNANDE7Ny
CITY ATJRNEY
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
Printed On: 5/3/200S