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HomeMy WebLinkAbout1992-059e wpdocs\deltou o ORDINANCE NO 4�- AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DELOITTE & TOUCHE FOR CONSULTING SERVICES TO ASSIST THE CITY IN THE DEFENSE OF CERTAIN PENDING LITIGATION, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Manager is hereby authorized to execute an agreement with Deloitte & Touche and to retain the services of Deloitte & Touche to assist the City in the defense of certain pending litigation, styled Texas Waste Management v City of Denton, Cause No 91-50778-367, and in the rebuttal of evidence to be presented by the plaintiff's witnesses SECTION II That the expenditure of funds therefore is hereby authorized SECTION III That this ordinance shall become effective imme- diately upon its passage and approval `� -�I PASSED AND APPROVED this the / day of Oua _ 1992 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APP OVED AS TO LEGAL FORM DEBRA A DRAYOVITCH, CITY ATTORNEY Deloltte & Touche 0 March 13, 1992 Management Consulting Suite 2400 Telephone (214) 220 5000 2001 Bryan Tower Dallas Texas 75201 2170 PRIVILEGED & CONFIDENTIAL WORK PRODUCT PREPARED FOR COUNSEL Ms Debra Adami Drayovitch City Attorney City of Denton Municipal Building Denton, Texas 76201 RE Texas Waste Management v City of Denton Dear Ms Drayovitch UNDERSTANDING OF ROLE This letter sets forth the agreement between the City of Denton ("the City") and Deloitte & Touche (D&T) whereby one of D&T's personnel has been retained as an expert witness in the above -entitled action We agree that the specific expert witness will be mutually agreed upon at a future date, and that the expert witness will be prepared to testify as to his work and opinions in the above -referenced lawsuit In general the expert witness may be requested to testify regarding plaintiff's theories, assumptions and calculations, and alternate theories, assumptions and calculations, if any CONFLICTS An internal search was performed for any potential client conflicts based upon the names of the parties you have provided No client conflicts were found with respect to any of the parties of the lawsuit The City agrees that it will inform D&T of additional parties to the litigation or name changes for those parties provided by the City As you know, we are a large firm with over 100 offices throughout the United States We are engaged by new clients every day and cannot ensure that, following our employment, an engagement for the plaintiffs will not be accepted somewhere else in our firm To minimize the problems this might cause, we suggest that you disclose our retention to the other side as soon as possible, but in a manner consistent with your case strategy Should any potential conflict come to our attention, we will advise you immediately Member nn� Y.-.. International March 13, 1992 Ms Debra Adami Drayovitch Page 2 ENGAGEMENT STAFFING AND FEES Mr Steve Wilson will participate as Engagement Partner, maintaining overall engagement responsibility in terms of staffing, quality control, billing, and client relations Mr Alan Wells will serve as the Engagement Manager and will coordinate daily management of our activities on the case In addition, Mr Gary Brayton will assume the role of Technical Advisor on this engagement Technical support may also be provided by our audit, management consulting, tax, and other professionals who will be identified during the course of the engagement We bill on a time and expense basis, with our fees determined by the tasks required and the related time spent We endeavor to use staff in the most cost-effective manner, given the complexity of the particular activities required Our billing rates will range from $120 to $350 an hour, based on our current estimate of staffing requirements, which could change as a result of the types of activities we will be asked to perform Our rates are adjusted from time to time, we will advise you immediately if a rate adjustment is being made by our firm In addition to professional fees, our bills will include out-of- pocket expenses for such items as telephone charges, computers, travel, messengers, and photocopying All fees and expenses are not contingent upon the final results, nor do we guarantee any result or resolution in this litigation In addition, we will be compensated for any time and expenses (including fees and expenses of legal counsel) that we may incur in considering or responding to discovery requests or other requests for documents or information, or in participating as a witness or otherwise in any legal, regulatory or other proceedings, including those other than the instant case, as a result of D&T's performance of these services We intend to meet with you regularly to discuss our ongoing work and associated fees Invoices will be presented monthly and are due upon presentation Invoices upon which payment is not received within 30 days of the invoice date shall accrue a late charge of 1-1/2% per month (or the highest rate allowable by law) compounded monthly We reserve the right to halt further services until payment is received on past -due invoices If we should be requested to testify, it is our normal practice that we be paid in full for all work performed to date prior to our testimony OTHER MATTERS We understand that the work product and files of the expert witness and of D&T may be subject to discovery, however, until such materials are subpoenaed, they will be maintained by us as confidential It is agreed that those materials and all other working papers and other documents prepared by us pursuant to this engagement will not be disclosed by us to third parties without the City's consent, except as may be required by law, regulation, or judicial or administrative process We agree to notify the City Deloitte & Touche 0 March 13, 1992 Ms Debra Adami Drayovitch Page 3 promptly of the happening of any one of the following events (a) a request by anyone to examine, inspect, or copy such documents or records, (b) any attempt to serve, or the actual service of, any court order, subpoena, or summons upon D&T that requires the production of such documents or records D&T shall have no liability to the City or to any other person or entity for any action taken or omitted to be taken by D&T in respect to this engagement except for matters that are judicially determined to be caused by D&T's own bad faith or willful misconduct If this summary is consistent with your own understanding and intent and has the concurrence of the City, please sign the enclosed copy of the letter in the space provided and return it to me We appreciate the opportunity to work for you and look forward to your prompt response Very truly yours, DELOITTE & TOUCHE By C:: ` � � c tiJ Steve Wilson, Partner Accepted By Date cc Gary Brayton Alan Wells Node & Toude 0 0 i I ! 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