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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15307 Resolution Sponsored by: Commissioner Manolo Reyes A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 48(C) OF THE CITY CHARTER, DIRECTING THE CITY OF MIAMI ("CITY") INDEPENDENT AUDITOR GENERAL ("IAG"), WITH THE ASSISTANCE OF THE CITY MANAGER, TO RETAIN AN EXTERNAL INDEPENDENT AUDITOR(S), TO CONDUCT COMPREHENSIVE AND DETAILED AUDITS, INCLUDING, BUT NOT LIMITED TO COMPLIANCE AND OPERATIONAL AUDITS (COLLECTIVELY, "AUDITS"), OF THE BOARDS, AGENCIES, AND TRUSTS WHERE THE CITY COMMISSION OR A MEMBER(S) THEREOF SERVE AS MEMBERS OF SAID BOARD, AGENCY, OR TRUST AND OF THE CITY'S COMMUNITY REDEVELOPMENT AGENCIES, INCLUDING, BUT NOT LIMITED TO THE: A) COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; B) VIRGINIA KEY BEACH PARK TRUST; C) BAYFRONT PARK MANAGEMENT TRUST; D) DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI; E) MIDTOWN COMMUNITY REDEVELOPMENT AGENCY; F) OMNI COMMUNITY REDEVELOPMENT AGENCY; AND G) SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY; FURTHER DIRECTING THE IAG AND CITY MANAGER TO APPEAR BEFORE THE CITY COMMISSION AT ITS JANUARY 25, 2024 REGULAR CITY COMMISSION MEETING TO PROVIDE AN UPDATE AS TO THE STATUS OF THE ENGAGEMENT OF EXTERNAL INDEPENDENT AUDITOR(S) AND THE COMMENCEMENT OF THE AUDITS; FURTHER DIRECTING THE IAG TO RENDER ASSISTANCE TO SAID EXTERNAL INDEPENDENT AUDITOR(S), AS NECESSARY, TO ENSURE THE TIMELY AND THOROUGH COMPLETION OF THE AUDITS; FURTHER DIRECTING THE EXTERNAL INDEPENDENT AUDITOR(S) TO COMPLETE THE AUDITS WITHIN FORTY-FIVE (45) TO SIXTY (60) CALENDAR DAYS FROM THE DATE OF ENGAGEMENT AND TO PROVIDE THE WRITTEN RESULTS OF THE AUDITS TO THE CITY COMMISSION AND THEN PRESENT SAID RESULTS AT THE NEXT AVAILABLE CITY COMMISSION MEETING. City of Miami Legislation Resolution Enactment Number: R-24-0022 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15307 Final Action Date:1/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, PURSUANT TO SECTION 48(C) OF THE CITY CHARTER, DIRECTING THE CITY OF MIAMI ("CITY") INDEPENDENT AUDITOR GENERAL ("IAG"), WITH THE ASSISTANCE OF THE CITY MANAGER, TO RETAIN AN EXTERNAL INDEPENDENT AUDITOR(S), TO CONDUCT COMPREHENSIVE AND DETAILED AUDITS, INCLUDING, BUT NOT LIMITED TO COMPLIANCE AND OPERATIONAL AUDITS (COLLECTIVELY, "AUDITS"), OF THE BOARDS, AGENCIES, AND TRUSTS WHERE THE CITY COMMISSION OR A MEMBER(S) THEREOF SERVE AS MEMBERS OF SAID BOARD, AGENCY, OR TRUST AND OF THE CITY'S COMMUNITY REDEVELOPMENT AGENCIES, INCLUDING, BUT NOT LIMITED TO THE: A) COCONUT GROVE BUSINESS IMPROVEMENT DISTRICT; B) VIRGINIA KEY BEACH PARK TRUST; C) BAYFRONT PARK MANAGEMENT TRUST; D) DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI; E) MIDTOWN COMMUNITY REDEVELOPMENT AGENCY; F) OMNI COMMUNITY REDEVELOPMENT AGENCY; AND G) SOUTHEAST OVERTOWN PARK WEST COMMUNITY REDEVELOPMENT AGENCY; FURTHER DIRECTING THE IAG AND CITY MANAGER TO APPEAR BEFORE THE CITY COMMISSION AT ITS JANUARY 25, 2024 REGULAR CITY COMMISSION MEETING TO PROVIDE AN UPDATE AS TO THE STATUS OF THE ENGAGEMENT OF EXTERNAL INDEPENDENT AUDITOR(S) AND THE COMMENCEMENT OF THE AUDITS; FURTHER DIRECTING THE IAG TO RENDER ASSISTANCE TO SAID EXTERNAL INDEPENDENT AUDITOR(S), AS NECESSARY, TO ENSURE THE TIMELY AND THOROUGH COMPLETION OF THE AUDITS; FURTHER DIRECTING THE EXTERNAL INDEPENDENT AUDITOR(S) TO COMPLETE THE AUDITS WITHIN FORTY-FIVE (45) TO SIXTY (60) CALENDAR DAYS FROM THE DATE OF ENGAGEMENT AND TO PROVIDE THE WRITTEN RESULTS OF THE AUDITS TO THE CITY COMMISSION AND THEN PRESENT SAID RESULTS AT THE NEXT AVAILABLE CITY COMMISSION MEETING. WHEREAS, the City of Miami ("City") has several boards, agencies, and trusts that have various public functions and duties that are funded in whole or in part by ad valorem revenues and/or various other public funds; and WHEREAS, the City has several Community Redevelopment Agencies ("CRA") tasked with eliminating slum and blight within their respective redevelopment areas that are funded with tax increment in part or in whole by tax increment revenues and/or various other public funds; and WHEREAS, pursuant to Resolution No. R-18-0248, adopted on June 14, 2018, the City Commission directed the City's Independent Auditor General ("IAG") to conduct an audit of the last five (5) years of budgets, liabilities, applications for loans, debts, and any and all other financial matters and disclosures of the Omni Community Redevelopment Agency ("Omni CRA"); and WHEREAS, pursuant to Resolution No. R-18-0249, adopted on June 14, 2018, the City Commission directed the IAG to conduct audits of the Bayfront Park Management Trust ("BPMT"), the Virginia Key Beach Park Trust ("VKBPT"), and all of the City's Community Redevelopment Agencies; and WHEREAS, the IAG completed and issued the audit of the BPMT on September 27, 2019; and WHEREAS, the IAG completed and issued the audit of the VKBPT on October 11, 2022; and WHEREAS, the IAG completed and issued the audit of the Omni CRA on May 19, 2023; and WHEREAS, the IAG completed and issued the audit of the Midtown CRA on August 25, 2023; and WHEREAS, as of the date of this Resolution, the IAG's audit of the Southeast Overtown Park West CRA ("SEOPW CRA") is ongoing; and WHEREAS, there are several boards, agencies, and trusts where the City Commission or a member(s) thereof serve as members of the Board; and WHEREAS, the members of the City Commission serve as the Board of Commissioners for the City's CRAs; and WHEREAS, the various boards, agencies, trusts, and CRAs that members of the City Commission have sizeable budgets and significant powers, duties, and responsibilities; and WHEREAS, pursuant to Resolution No. R-23-0364, adopted on September 9, 2023, the Coconut Grove Business Improvement District's ("CG BID") Fiscal Year 2023-2024 ("FY 23-24") budget for the management, operation, and maintenance of the BID is $5,170,000.00; and WHEREAS, pursuant to Resolution No. R-23-0371, adopted on September 9, 2023, the BPMT's FY 23-24 budget for the management, operation, maintenance, and capital improvements of the Mildred and Claude Pepper Bayfront Park and Maurice A. Ferre Park is $26,077,873.00; and WHEREAS, pursuant to Resolution No. R-23-0372, adopted on September 9, 2023, the Midtown CRA's FY 23-24 budget is $13,436,326.00; and WHEREAS, pursuant to Resolution No. R-23-0374, adopted on September 9, 2023, the VKBPT's FY 23-24 budget is $1,522,000.00; and WHEREAS, pursuant to Resolution No. R-23-0444, adopted on September 28, 2023, the Downtown Development Authority of the City of Miami's ("Miami DDA") FY 23-24 budget is $17,346,000.00; and WHEREAS, pursuant to Resolution No. R-23-0445, adopted on September 28, 2023, the SEOPW CRA's FY 23-24 budget is $106,689,040.00 for Fiscal Year ("FY") 2023-2024; and WHEREAS, pursuant to Resolution No. R-23-0447, adopted on September 28, 2023, the OMNI CRA's FY 23-24 budget is $62,699,229.00; and WHEREAS, pursuant to Section 48(c) of the City Charter, the IAG shall be responsible to provide independent oversight of audit functions, and for the performance of such other duties as may be assigned by the city commission or any member of the city commission; and WHEREAS, as a matter of ongoing fiduciary due diligence and transparency, the Miami City Commission finds it is in the best interest of the City to retain an external independent auditor to conduct comprehensive and detailed audits, including, but not limited to compliance, operational, and financial audits, of the boards, agencies, and trusts where the City Commission or a member(s) thereof serve as members of the board, agency, or trust and of the City's CRAs; and WHEREAS, the City Commission finds that it is in the best interest of the City to direct the IAG and the City Manager, in compliance with all applicable procurement rules and regulations, including, but not limited to Chapter 18 of the City Code, to retain an external independent auditor(s) to conduct comprehensive and detailed audits, including, but not limited to compliance and operational audits (collectively, "Audits"), of the boards, agencies, and trusts where the City Commission or a member(s) thereof serve as members of the board, agency, or trust and of the City's CRAs, and for the external independent auditor(s) to provide the results of said audits to the City Commission; 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: Pursuant to Section 48(c) of the City Charter, the City Commission directs the IAG, with the assistance of the City Manager, to immediately retain an external independent auditor(s), with the same to conduct Audits of the boards, agencies, and trusts where the City Commission or a member(s) thereof serve as members of the board, agency, or trust and of the City's CRA, including, but not limited to the: a) Coconut Grove Business Improvement District; b) Virginia Key Beach Park Trust; c) Bayfront Park Management Trust; d) Downtown Development Authority of the City of Miami; e) Midtown Community Redevelopment Agency; f) Omni Community Redevelopment Agency; and g) Southeast Overtown Park West Community Redevelopment Agency. Section 3. The IAG and the City Manager are further directed to appear before the City Commission at its January 25, 2024 Regular City Commission Meeting to provide an update as to the status of the engagement of external independent auditor(s), if at the time of the January 25, 2024 Regular City Commission meeting the external independent auditor(s) have not been engaged, and the commencement of the Audits. If the external independent auditor(s) has not been engaged by January 25, 2024, the IAG and the City Manager shall advise as to how much additional time is needed to engage the external independent auditor(s). However, there shall be no delay in the engagement of the external independent auditor(s) to conduct the Audits. Section 4. The City Commission further directs the IAG to render assistance to said external independent auditor(s), as necessary, to ensure the timely and thorough completion of the Audits. Section 5. The external independent auditor(s) shall complete the Audits within forty-five (45) to sixty (60) calendar days from the date of engagement and shall provide the written results of the Audits to the City Commission and then present said results at the next available City Commission meeting. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: "ndez, ity ttor Pursuant to the resolution, this item became effective immediately upon adoption by the Commission.