HomeMy WebLinkAboutLegislationCity of Miami
Legislation
Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01295 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION ACCEPTING A PAYMENT
TO THE CITY OF MIAMI IN THE AMOUNT OF $475,000, IN FULL SETTLEMENT
OF ALL CLAIMS AND DEMANDS FOR THE CASE OF CITY OF MIAMI VS. LODAL,
INC. AND CONTAINER SYSTEMS AND EQUIPMENT CO., INC., CASE NO.
05-22708 CA (20), PURSUANT TO THE TERMS OF THE MUTUAL GENERAL
RELEASE; DIRECTING THE CITY MANAGER TO EXECUTE THE GENERAL
MUTUAL RELEASE, AND ALL NECESSARY DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY 4TTORNEY, TO EFFECTUATE THE SETTLEMENT.
WHEREAS, the City of Miami ("City") purchased 32 Lodal High Compaction 28 Cubic Yard
Integrated Automated Side Loading Refuse Vehicles in 2001 and 2002, pursuant to an Invitation to Bid
issued by Escambia County, Florida; and
WHEREAS, the Refuse Vehicles were manufactured by Lodal, Inc. and sold to the City by
Container Systems and Equipment Co., Inc.; and
WHEREAS, 10 of the Refuse Vehicles subsequently caught fire and were damaged; and
WHEREAS, the City filed a claim and a lawsuit to recover damages against Lodal, Inc. and
Container Systems and Equipment Co., Inc. in the Circuit Court in and for Miami -Dade County,
Florida, Case No. 05-22708 CA (20); and
WHEREAS, the City and Lodal, Inc. and Container Systems and Equipment Co., Inc. have agreed
to settle all claims; pursuant to the terms of the mutual general release; and
WHEREAS, the Office of the' City Attorney has investigated this claim and lawsuit pursuant to
Sections 1.9-221 through 18-232`of the Code of the City of Miami, 'lorida, as amended, and
recomm -is that said claim and lawsuit be settled for the sum di-ii475,000, and the return of the
Refuse Vehicles to Lodal, Inc.;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI
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. Payment to the City, in the amount of Four Hundred and Seventy Five Thousand
Dollars ($475,000), and the return of the Refuse Vehicles to Lodal, Inc., in full settlement of the claims
and demands for the case of City.of Miami v.'Lodal, Inc. and Container Systems and Equipment Co.,
Inc., Case No. 05-22708 CA (20), pursuant to^the terms of the mutual general release, is accepted.
City of Miami Page 1 of 2 File Id: 10-01295 (Version: 1) Printed On: 11/4/2010
File Number. 10-01295
Section 3. The City Manager is authorized{1} to execute the Mutual General Release, and all
necessary documents, in a form acceptable to the City Attorney, to effectuate the Settlement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2}
APPROVED AS TO FORM AND CORRECTNESS/
JULIE O. BRU
CITY ATTORN
Footnotes:
{1} The herein authorization is further subject to compliance with all requirements that may be
imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter
and Code provisions.
{2} 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 Fil Id: 10-01295 (Version: 1) Printed On: 11/4/2010