HomeMy WebLinkAboutMemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayor and Members of the City Commission
FROM: Julie O. Bru, City Attorney
DATE: October 14, 2009
RE: Proposed Resolution for City Commission Meeting — October 22, 2009
Accepting a payment in the amount of $101,590.81, in full settlement of all
claims and demands for the case of City of Miami vs. Miami -Dade County
Case No. 09 -8885 -CA -15
File No. 09-01037
The attached proposed Resolution seeks authorization to accept payment in the amount of
$101,590.81, in full settlement of all claims and demands for the case of City of Miami vs. Miami -Dade
County, Case No. 09-8885 CA 15, pursuant to the terms of the proposal for settlement.
The City of Miami is the plaintiff in this action and has fled a lawsuit against Miami -Dade County
for indemnification. The City of Miami was a member of the South Florida Employment and Training
Consortium ("SFETC"). The SFETC was made up of five governmental entities: Miami -Dade County,
City of Miami, Miami -Beach, Monroe County. The governmental entities entered into a "Consortium
Agreement" on July 1, 2004. In and around 2005, the State of Florida (through the Agency for Workforce
Innovation) performed an audit of SFETC's expenditures and found that $651,282.00 were disallowed
costs. The consortium was able to recover $307,594.00 which left a balance of $343,113.00. Each member
of the SFETC had agreed to pay a percentage of any disallowed costs. The City of Miami was responsible
for 33.3%. Pursuant to the consortium agreement, the City of Miami paid the Agency for Workforce
Innovation $114,256.62. From that payment, the City of Miami sued Miami -Dade County seeking
indemnification. Miami -Dade County has offered to pay the City of Miami $101,590.81 which is 33.3% of
the $307,594.00 previously collected.
Miami -Dade County has proposed to settle this case for $101,590.81 and the proposal for
settlement seeks to settle all claims from proceeds retained in a trust fund for the benefit of the former
members of SFETC.
Pedro G. Hernandez, City Manager
Elvi Gallestegui, Agenda Coordinator
Attachment(s)