Item O3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2005
Bulk Item: Yes / No
Division: County Attorney
Staff Contact Person: Pedro Mercado
AGENDA ITEM WORDING: Authority to initiate litigation against Florida Detroit Diesel and,
if appropriate, negotiate settlement.
ITEM BACKGROUND: Tbe county ordered II mobile diesel generators from Florida Detroit
Diesel. During fueling operations of the Sib diesel generator in sequence, a fuel spill McurTed. A
subsequent investigation revealed that the generator had been ddivered with the fuel tank drain
plug missing. An investigation of the remaining 3 generaton yet to be fuded revealed that 2 of
tbe 3 were also missing the fud tank drain plug. The county incurred dean up costs totaling
54,905. The connty office of risk management contacted Florida Detroit Diesel on 2 separate
McasioDs before forwarding the file to tbe county attorney. On November 15y 2004 a 15 day
demand letter was seDt to Florida Detroit Diesel by tbe county attorney's office asking them to.
contact us in an effort to resolve the matter without litigation. To date there has beeD DO
response.
PREVIOUS REUV ANT DOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTB_ Year
APPROVED BY: County A~ OMBlPurchasing _ Risk Management _
DIVISIONDIRECTORAPPROVAL: ~~ od~II.<
(TYPE NAME HERE)
DOCUMENTATION:
Included _
Not Required /
DISPOsmON:
AGENDA ITEM #
Revised 2/05