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County Attorney's Report 11. 2.

BCC Regular Meeting

Action

Meeting Date:	09/03/2020
Issue: Escambia County v. United Parcel Service
From:	CHARLES PEPPLER
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Escambia County v. United Parcel Service

That the Board authorize the County Attorney's Office to file suit against United Parcel Service to recover damages for the loss of a Steerable Pipe Ranger II entrusted to its custody and control for transport.

BACKGROUND:

The Engineering Department conducts inspections of stormwater sewer pipes using a mobile camera system. The Department uses a camera known as a Steerable Pipe Ranger II, that weighs about 60 lbs. This particular Pipe Ranger needed repair. The Cues Repair Center in Orlando, Florida was the nearest facility for repair of this specialized type of camera. Engineering contracted with UPS to deliver the Ranger II to Cues Repair Center.

The camera was packaged in its original box with the original styrofoam padding that had accompanied the Ranger II when it was purchased. On April 9, 2020, the camera was delivered to a UPS facility by Engineering. Appropriate insurance was selected, and its declared value was $18,900.00. Sometime after UPS took custody of the camera, it was lost or stolen while in its custody. Only an empty box was delivered to Cues Repair Center about three weeks later.

Engineering made a claim to UPS for the loss of the camera, but the claim was denied on the grounds that the packaging for the transport of the camera did not meet the specifications listed in its tariff/terms and conditions of use. However, special packaging and handling is only required for packages containing items which weigh in excess of 70 pounds. Consequently, UPS has wrongfully denied payment for the loss and non-delivery of the camera and has breached its contract with Escambia County to deliver the Ranger II to Cues Repair Center in Orlando, Florida. The County will be seeking as damages, the actual cash value of the camera, or its replacement cost, whichever is greater. Suit will be filed in County Court.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Deputy County Attorney Charles V. Peppler will be prosecuting the claim against UPS.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

Attachments
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