HomeMy WebLinkAboutR-02-0372J-02-297 (SE)
4/11/02
RESOLUTION NO. 02- 372
A RESOLUTION OF THE MIAMI CITY COMMISSION
ACCEPTING THE SETTLEMENT FROM DELOITTE &
TOUCHE, L.L.P. ("DELOITTE") TO SETTLE ALL
CLAIMS AND COUNTERCLAIMS ASSERTED IN THE CASE
THE CITY OF MIAMI, FLORIDA ("CITY") VS.
DELOITTE & TOUCHE, L.L.P. AND DELOITTE &
TOUCHE, L.L.P. VS. THE CITY OF MIAMI,
FLORIDA, IN THE CIRCUIT COURT OF THE ELEVENTH
JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE
COUNTY, FLORIDA, CASE NO. 97-25179 CA (21),
SUBJECT TO DELOITTE PAYING THE CITY THE SUM
OF $1,900,000, INCLUSIVE OF ATTORNEY FEES, IN
CONSIDERATION FOR DISMISSAL WITH PREJUDICE OF
ALL CLAIMS AND COUNTERCLAIMS, AND EXCHANGE OF
MUTUAL GENERAL RELEASES; DIRECTING THE CITY
MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS,
IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO
EFFECTUATE THE SETTLEMENT; FURTHER, ACCEPTING
DELOITTE'S PROPOSAL TO PROVIDE A FULL DAY
SEMINAR COVERING MANAGERIAL AND FINANCIAL
TOPICS RELATED TO COMMUNITY AGENCIES
OPERATING WITHIN THE CITY OF MIAMI.
WHEREAS, Deloitte & Touche, L.L.P. ("Deloitte") audited the
financial statements of the City of Miami for the Fiscal Years
ending September 30, 1989 through September 30, 1995; and
WHEREAS, the City of Miami brought an action against
Deloitte in the Circuit Court in and for Miami -Dade County,
Florida, Case No. 97-25179 CA (21) (the "Litigation"), in
connection with the audits; and
This resolution replaces substitute Resolution 02-372 per memc
from City Attorney dated July 11, 2002.
or
CITY**����+G�+�SSi
ON
¢ T
APF' 1 1 2002
huso ution No.
02- 372
WHEREAS, Deloitte filed a counterclaim against the City of
Miami; and
WHEREAS, Deloitte has offered to settle all claims and
counterclaims in the Litigation by paying the City of Miami the
sum of $1,900,000 in consideration for the dismissal of all
claims and counterclaims in the Litigation and the exchange of
mutual general releases; and
WHEREAS, unrelated to the Settlement, Deloitte has offered
to provide assistance to community agencies operating within the
City of Miami by providing a full day seminar covering managerial
and financial topics;
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. The settlement from Deloitte to settle all
claims and counterclaims asserted in the Litigation is accepted,
subject to (1) Deloitte paying the sum of $1,900,000, inclusive
of all attorney fees, (2) both parties executing a stipulation of
dismissal of all claims and counterclaims, with prejudice, (3)
each party bearing its own fees and costs, (4) both parties
executing and exchanging mutual general releases, in a form
acceptable to the City Attorney, of the parties and their present
and former officers, agents, attorneys and employees, and (5)
This resolution replaces substitute Resolution 02-372 per memorandum from
City Attorney dated July 11, 2002.
Page 2 of 3 02- 3'7 2
$475,000 (25%) of the settlement proceeds to be paid to outside
counsel under the fee agreement previously negotiated with them.
Section 3. Deloitte's proposal to provide a full day
seminar covering managerial and financial topics related to those
community agencies designated by the City as operating within the
City, with lecturers representative of the African American and
Cuban American communities, is accepted.
Section 4. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.-'/
PASSED AND ADOPTED this 11th day of April 2002.
��EL A. DIAZ, MA
ATTEST:
_ _/ J'I
.. VCITCLERK
FORM AND CORRECTNESS.
LARELLO
6134 (SE) :LB:BSS
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.
This resolution replaces substitute Resolution 02-372 per memorandum.from
City Attorney dated July 11, 2002.
Page 3 of 3 02— 372
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A.
City Clerk
FROM: Alejandro V'
City Att(o
DATE: July 11,
RE: Corre ed Scrivener's Error -Resolution No. 02-372, adopted April 11, 2002
(J-0 297 [SE])
Resolution No. 02-372, adopted April 11, 2002, contains a scrivener's error in
Section 2, as the amount of the settlement proceeds to be paid to outside counsel under the
negotiated fee agreement is incorrectly reflected as $425,00 instead of $475,000. Calculations
based upon 25% of the settlement amount of $1,900,000 clearly verifies the amount of
$475,000.
The attached Resolution, which is a substitute original resolution to replace the
document you presently possess as Resolution No. 02-372, has been revised to reflect the
proper amount. This memorandum may be attached to Resolution No. 02-372 so that any
concern regarding the substitution of said resolution is clarified.
After the correct document has been executed, please forward a copy to this Office.
This memorandum may be attached to Resolution No. 02-372 so that any concern regarding
the substitution of said Resolution is clarified.
W736:BSS
Attachments
J-02- 7
4/11/0 ,
RESOLUTION NO. 02- 372
A\ RESOLUTION OF THE MIAMI CITY COMMISSION
AC PTING THE SETTLEMENT FROM DELOITTE &
TOUC E, L.L.P. ("DELOITTE") TO SETTLE ALL
CLAIM AND COUNTERCLAIMS ASS/FEE
IN THE CAS
THE C Y OF MIAMI, FLOR"CITY") V
DELOITT & TOUCHE, L.L.P.DELOITT &TOUCHE, L.P. VS. THE OF M I,FLORIDA, II THE CIRCUIT COURTHE E ENTHJUDICIAL C1\RCUIT, IN ANDMI I-DADECOUNTY, FLORIA, CASE NO. 79 A (21),SUBJECT TO DELQITTE PAYING THE SUMOF $1,900,000, 1�TCLUSIVE OF Y FEES, INCONSIDERATION FOI�NDISMISSAL PREJUDICE OFALL CLAIMS AND CO TERCLAIMSEXCHANGE OFMUTUAL GENERAL REL SES; DNG THE CITYMANAGER TO EXECUTEL NE DOCUMENTS,
IN A FORM ACCEPTABLE TQ T CITY ATTORNEY, TO
EFFECTUATE THE SETTLEME FURTHER, ACCEPTING
DELOITTE'S PROPOSAL T "EROVIDE A FULL DAY
SEMINAR COVERING GER"'�AL AND FINANCIAL
TOPICS RELATED O CONUNITY AGENCIES
OPERATING WITHIN T CITY OF IAMI.
WHEREAS, Deloittg% & Touche, L.L.P. ("bi�loitte") audited the
fin/aamen � of the City of Miami fo the Fiscal Years
end30, 1989 through September 30, 95; and
the City of Miami brought an a tion against
Dele Circuit Court in and for Miami -D e County,
FloNo.97-25179 CA (21) (the "Litigati n"), in
conthe audits; and,
The original Resolution 02-372 was replaced by substitute
Resolution 02-372 per memorandum from the City Attorney dated
June 17, 2002.
CITY Cot= ON
APR 1 1 2002
A"' Q& Up.
02- 372
WHEREAS, Deloitte filed a counterclaim against the City of
Mia i; and
EREAS, Deloitte has offered to settle all claims a
counter aims in the Litigation by paying the City of Miami the
sum of $1 900,000 in consideration for the dismissal f all
claims and c unterclaims in the Litigation and the e hange of
mutual general eleases; and
WHEREAS, unr ated to the Settlement, Deloi e has offered
to provide assistanc to community agencies op rating within the
City of Miami by provi ng a full day semina covering managerial
and financial topics; \
NOW, THEREFORE, BE IT R SOLVED BY HE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolutio are adopted by reference and
incorporated as if fully se forth in is Section.
Section 2. The ettlement from eloitte to settle all
claims and countercla'"s asserted in the Li igation is accepted,
subject to (1) Del itte paying the sum of $1,900,000, inclusive
of all attorney ees, (2) both parties executing stipulation of
dismissal of 11 claims and counterclaims, with ejudice, (3)
each part bearing its own fees and costs, (4) b th parties
executi and exchanging mutual general releases, i a form
acce able to the City Attorney, of the parties and their esent
a former officers, agents, attorneys and employees, and (5)
The orig' al Resolution 02-372 was replaced by substitute Resolution 02- 72
per memorandum from the City Attorney dated June17, 2002.
Page 2 of 3
02- 372
$425,00 (25%) of the settlement proceeds to be paid to outsi
counsel un r the fee agreement previously negotiated with t m.
Section Deloitte's proposal to provide a f 1 day
seminar covering anagerial and financial topics relate to those
community agencies esignated by the City as operati within the
City, with lecturers epresentative of the Afric American and
Cuban American communitie is accepted.
Section 4. This R solution shall become effective
immediately upon its adoption d signatur of the Mayor.'/
PASSED AND ADOPTED this 1 hday f April , 2002.
ATTEST:
PRISCILLA A.
CITY CLERK
neo
LARELLO
13 4 : Ids : BS S
RRECTNESS
L A. DIAZ, MA
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.
The original Resolution 02-372 was replaced by substitute Resolution 02-372
per memorandum from the City Attorney dated June 17, 2002.
Page 3 of 3
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Priscilla A.
City Clerk
FROM: Alejandro V'
City Attor:
DATE: June 17, 20
RE: Corrected Scrivener's
(J-0 2-297)
iQ.n No. 02-372, adopted April 11, 2002
Resolution No. 02-372, adopted April 11, 2002, contains a scrivener's error as the
executed Resolution does not reflect the modification made by the City Commission when the
legislation was adopted.
Pursuant to the adoption of Resolution No. 02-372, Deloitte & Touche, L.L.P. agreed to
settle all claims and counterclaims asserted in the in the case of the CITY OF MIAMI,
FLORIDA ("CITY') VS. DELOITTE & TOUCHE, L.L.P. AND DELOITTE & TOUCHE,
L.L.P. VS. THE CITY OF MIAMI, FLORIDA, IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA,
CASE NO. 97-25179 CA (21), subject to certain conditions. The City Commission further
accepted Deloitte's proposal to provide a full day seminar covering managerial and financial
topics related to those community agencies designated by the City as operating within the
City, with lecturers representative of the African-American and Cuban -American
communities.
The attachment, which is a substitute original resolution to replace the document you
presently possess as Resolution No. 02-372, has been revised to include Deloitte's proposal to
present the seminar.
After the corrected document has been executed, please forward a copy to this Office.
This memorandum may be attached to Resolution No. 02-372 so that any concern regarding
the substitution of said Resolution is clarified.
W724:BSS
Attachments
J-02-297
4/1/02
RESOLUTION NO. 02— 3! 2
A R'SOLUTION OF THE MIAMI CITY COMMISSI N
ACCEENTING THE SETTLEMENT FROM DELOITTE &
TOUCH L.L.P. ("DELOITTE") TO SETTLE ALL
CLAIMS ND COUNTERCLAIMS ASSERTED IN THE CASE
THE CI OF MIAMI, FLORIDA ("CITY" VS.
DELOITTE & TOUCHE, L.L.P. AND DEL TTE &
TOUCHE, L L.P. VS. THE CITY OF MIAMI,
FLORIDA, IN THE CIRCUIT COURT OF TH ELEVENTH
JUDICIAL CI CUIT, IN AND FOR IAMI-DADS
COUNTY, FLORI A, CASE NO 97-2517 CA (21),
SUBJECT TO DEL ITTE PAYING THE ITY THE SUM
OF $1,900,000, CLUSIVE OF ATT NEY FEES, IN
CONSIDERATION FOR DISMISSAL WI PREJUDICE OF
ALL CLAIMS AND COU TERCLAIMS, ND EXCHANGE OF
MUTUAL GENERAL REL SES; DI ECTING THE CITY
MANAGER TO EXECUTE LL NE SSARY DOCUMENTS,
IN A FORM ACCEPTABLE 0 TH CITY ATTORNEY, TO
EFFECTUATE THE SETTLEM T
WHEREAS, Deloitte & Tou/he, L.L.P\ ("Deloitte") audited the
financial state/t,
City of Mia i for the Fiscal Years
ending Septembehrough September 30, 1995; and
WHEREAS, f Miami brought an action against
Deloitte in thCourt in and for ami -Dade County,
Florida, Case 79 CA (21) (the "Litigation"), in
connection with and
ary comiqMMON
MEF.=G 15v
APR 1 1 2002
Resolution No.
®2 372
WHENAS, Deloitte filed a counterclaim against the/City of
Miami; and
WHEREA\releas
e has offered to settle a claims and
counterclaiLitigation by paying the City of Miami the
sum of $1consideration for th dismissal of all
claims andims in the Litigatio and the exchange of
mutual genes;
NOW, THEREFORE, BE IE BY BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The r cital and findings contained in the
Preamble to this Re olution a e adopted by reference and
incorporated as if f lly set forth i this Section.
Section 2. The settlement f m Deloitte to settle all
claims and co terclaims asserted in th Litigation is accepted,
subject to 1) Deloitte paying the sum o $1,900,999, inclusive
of all a torney fees, (2) both parties exec ing a stipulation of
dismi sal of all claims and counterclaims, th prejudice, (3)
ea party bearing its own fees and costs, 4) both parties
xecuting and exchanging mutual general releas s, in a form
acceptable to the City Attorney, of the parties and heir present
and former officers, agents, attorneys and employee , and (5)
$425,000 (250) of the settlement proceeds to be paid to outside
counsel under the fee agreement previously negotiated with them.
Page 2 of 3
42.6 372
N
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.
Page 3 of 3
02- 372
CITY OF MIAMI CAM
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor a?Memb of e ity Commi ' n
FROM: AlejandrIOLCity Att
DATE: April 2,
RE: City Commission Meeting April 11, 2002
Settlement - The City of Miami, Florida v. Deloitte Touche, L.L.P. and Deloitte
& Touche, L.L.P. v. The City of Miami, Florida, E venth Judicial Circuit in and
for Miami -Dade County, Florida, Case No. 97-2 79 CA (21).
The attached proposed resolution authorizes settlerdent of all claims asserted in the matter of
The City ofMiami, Florida v. Deloitte & PQuche, L.L.P. a d Deloitte & Touche, L.L.P. v. The City of
Miami, Florida, Eleventh Judicial Circ 't in and;,for Miami -Dade County, Florida, Case
No. 97-25179 CA (21) (the "Litigation").
The terms of the settlement are that $1, ,000 will be paid to the City of Miami upon the
filing of a stipulation of dismissal, with prejudige, f all claims and counterclaims in the Litigation
and the exchange of mutual general releases. Yrom a settlement proceeds, $475,000 (25%) shall be
paid to the outside counsel under the fee agement p viously negotiated with them.
cc: Carlos A. Gimenez, City
Elvi Alonso, Agenda Coy
02- 372