HomeMy WebLinkAboutR-98-1027J-98-961
9/1/98
RESOLUTION NO. " q
8 r 1 0 2 7
A RESOLUTION RESCINDING RESOLUTION NO.
97-784, ADOPTED NOVEMBER 1, 1997, IN ITS
ENTIRELY; AUTHORIZING THE CITY ATTORNEY TO
ENGAGE THE LAW FIRM OF TEW AND BEASLEY, P.A.
TO SERVE AS COUNSEL TO THE CITY OF MIAMI IN
CONNECTION WITH LITIGATION PROCEEDINGS TO BE
INITIATED AGAINST DELOITTE & TOUCHE, FORMER
CITY OF MIAMI EXTERNAL AUDITORS; SAID
ENGAGEMENT TO BE UNDER A CONTINGENCY FEE
ARRANGEMENT AS HEREIN SPECIFIED, WITH ALL
EXPENSES TO BE APPROVED BY THE CITY ATTORNEY;
ALLOCATING FUNDS FOR COSTS FROM ACCOUNT NO.
92-10-02, MINOR OBJECT CODE 270.
WHEREAS, pursuant to Resolution No. 96-774, adopted October
24, 1996, the City Manager was authorized and directed to proceed
with Phase I, the fact finding phase, of determining the
existence of possible liability on the part of the City's former
external auditors, Deloitte & Touche; and
WHEREAS, it has been determined that liability exists on the
part of Deloitte & Touche and that legal action is appropriate;
and
WHEREAS, it is recommended that the law firm of Tew &
Beasley, P.A. be engaged to serve as counsel to the City of Miami
in connection with litigation proceedings in this matter; and
WHEREAS, pursuant to Resolution No. 97-784, adopted
CITY COS
MEETING OF
0 C T 13 1998
Reewuti= mo.
98-102r yy
November 1, 1997, the City Commission approved the City
Attorney's engagement of said law firm, with certain remunerative
stipulations, including an hourly rate and modified contingency
fee for the purpose of proceeding with litigation in this matter;
and
WHEREAS, the Oversight Board disapproved the remuneration
plan which was set forth in Resolution No. 97-784 and passed by
the City Commission; and
WHEREAS, it is now in the best interest of the city to
rescind Resolution No. 97-784 in its entirety and adopt this
Resolution with a restructured fee arrangement;
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 hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. Resolution No. 97-784, adopted November 1,
1997, is hereby rescinded in its entirety.
Section 3. The City Attorney is hereby authorized to
engage the law firm of Tew and Beasley, P.A. to serve as counsel
to the City of Miami in connection with litigation proceedings to
be initiated against Deloitte & Touche, former City of Miami
external auditors, said engagement to be under a pure Contingency
Fee Arrangement, with funds for costs hereby allocated from
Account No. 92-10-02, Minor Object Code 270.
2-
Section 4. The Contingency Fee Arrangement with the Law
Firm of Tew & Beasley in connection with the hereinabove matter
proposes that: (1) the contingency fee would be equal to
twenty-five percent (25%) of the sum recovered to be paid from
the proceeds of the lawsuit, exclusive of costs, and (2) all
expenses are to be paid by the City of Miami upon approval of the
City Attorney.
Section 5. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor".
PASSED AND ADOPTED this 13th day of October , 1998.
JOE CAROLLO, MAYOR
In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of
this legislation by signing it in the designated place provided, said legislation now
becomes effective with the elapse of ten (10) days from the date of Commission action
regarding same, without the Mayor exercisi v o.
ATTEST:
WafterUp4roerift, City Clerk
WALTER J. FOEMAN
CITY CLERK
AP PROV AS T ORM AND CORRECTNESSI
7i
r
LLO
EY
C:csk
l� 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.
-3- 98-19 pry
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM 36
TO: Honorable Mayor and DATE : August 31, I998 FILE:
Members oftl-ie City Commission
SUBJECT: Request to engage
counsel, Tew & Beasley, P.A.
City Commission Meeting 9/8/98
FROM: Alejandro Vilarello REFERENCES:
City Attorney Resolution
ENCLOSURES:
The attached Resolution seeks authorization to engage the services of the law firm of
Tew & Beasley, P.A. to serve as counsel on a straight contingency basis in connection with
litigation proceedings against Deloitte & Touche, former City of Miami external auditors.
Funds for costs will be allocated from Account No. 92-10-02, Minor Object Code 270.
CSK
enc.
c: City Manager
dc:Tew&8eas1ey.dx 98 - 1027