HomeMy WebLinkAbout2022-028-3741_-_Accepting_funds_from_County_for_use_of_Contaminated_Fuel_-_Adopted.docxRESOLUTION NO. 2022-028-3741
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, AUTHORIZING THE CITY MANAGER TO
RESOLVE DAMAGES INCURRED BY THE CITY FROM THE
USE OF CONTAMINATED MIAMI- DADE COUNTY FUELING
STATIONS; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Miami-Dade County (“County”) and Indigo Energy Partners, LLC
(“Indigo”) entered into a contract where Indigo supplied the County with gasoline and
diesel fuel, and
WHEREAS, subsequently, on May 22, 2017, the County and the City of Miami
Gardens (“City”) entered into an interlocal agreement whereby the County would provide
the City access to its fueling stations to fuel its vehicles, and
WHEREAS, after both the County and the City vehicles began experiencing
mechanical breakdowns, it was determined that the source of the breakdowns was
contaminated fuel supplied by Indigo and,
WHEREAS, the County filed a lawsuit against Indigo alleging breach of contract
and breach of on implied covenant seeking damages for the losses incurred by the County
and the City, and
WHEREAS, on February 24, 2022, the County and Indigo attended mediation in
an attempt to resolve the lawsuit without the further expense of litigation. The County has
proposed to resolve the matter by accepting a 20% reduction of its total damages and
requests that the City also accept a 20% reduction of its damages, and
WHEREAS, The City Attorney and City Manager recommend the City Council
authorize the City Manager to accept a 20% reduction of the total damages consistent
with the 20% reduction to be accepted by the County to resolve the damages incurred as
a result of the contaminated fuel,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA AS FOLLOWS:
Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas
paragraphs are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby authorizes the City Manager to accept a 20% reduction of the total damages
consistent with the 20% reduction to be accepted by the County to resolve the damages
incurred as a result of the contaminated fuel.
DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339
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Resolution No. 2022-028-3741
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MARCH 9, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENASON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339