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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #15626 Resolution Sponsored by: Commissioner Miguel Gabela A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION 18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SELECT UP TO FIVE (5) PROSPECTIVE INDEPENDENT EXPERTS IN LEGAL AUDITING AND REVIEW TO REVIEW PENDING LITIGATION CASES INVOLVING THE CITY WHERE THE AMOUNT IN CONTROVERSY IS FIVE MILLION DOLLARS ($5,000,000.00) OR MORE AND PROVIDE RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF THOSE PENDING LITIGATION CASES AND PROVIDE A REPORT TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO ENSURE THAT THE SELECTION IS MADE BASED ON THE EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION IN THE FIELD OF LEGAL AUDITING AND REVIEW; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE THE NECESSARY FUNDS TO COVER THE EXPENSES ASSOCIATED WITH HIRING THE EXPERT AND CONDUCTING THE REVIEW AND AUDIT OF THOSE PENDING LITIGATION CASES; FURTHER DIRECTING THE CITY MANAGER TO SELECT THE EXPERTS AND PRESENT THEM TO THE CITY COMMISSION FOR FINAL SELECTION AND APPROVAL BY APRIL 25, 2024. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15626 Final Action Date:5/23/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER, PURSUANT TO SECTION 18-72(B)(14) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO SELECT UP TO FIVE (5) PROSPECTIVE INDEPENDENT EXPERTS IN LEGAL AUDITING AND REVIEW TO REVIEW PENDING LITIGATION CASES INVOLVING THE CITY WHERE THE AMOUNT IN CONTROVERSY IS FIVE MILLION DOLLARS ($5,000,000.00) OR MORE AND PROVIDE RECOMMENDATIONS FOR OPTIMIZING THE MANAGEMENT OF THOSE PENDING LITIGATION CASES AND PROVIDE A REPORT TO THE CITY COMMISSION; DIRECTING THE CITY MANAGER TO OVERSEE THE PROCESS OF HIRING THE EXPERT AND TO ENSURE THAT THE SELECTION IS MADE BASED ON THE EXPERT'S QUALIFICATIONS, EXPERIENCE, AND REPUTATION IN THE FIELD OF LEGAL AUDITING AND REVIEW; FURTHER AUTHORIZING THE CITY MANAGER TO ALLOCATE THE NECESSARY FUNDS TO COVER THE EXPENSES ASSOCIATED WITH HIRING THE EXPERT AND CONDUCTING THE REVIEW AND AUDIT OF THOSE PENDING LITIGATION CASES; FURTHER DIRECTING THE CITY MANAGER TO SELECT THE EXPERTS AND PRESENT THEM TO THE CITY COMMISSION FOR FINAL SELECTION AND APPROVAL BY APRIL 25, 2024. WHEREAS, the City Commission desires to engage an independent professional in the field of legal auditing to review the City of Miami's pending litigation matters where the amount in controversy is five million dollars ($5,000,000.00) or more; and WHEREAS, the independent professional shall be a member in good standing of the Florida Bar, and have extensive experience in local and municipal government as well as civil trial experience in both state and federal courts; WHEREAS, the audit shall be conducted in compliance with the Rules Regulating the Florida Bar, Florida Law, and the City Charter, and Code of the City of Miami, Florida, as amended ("City Code"); NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Resolution are adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager, pursuant to Section 18-72(b)(14) of the City Code is hereby authorized' to select up to five (5) prospective independent experts in legal auditing and review to review pending litigation cases involving the City where the amount in controversy is $5 million dollars or more, to be submitted to the City Commission at its April 25, 2024 City Commission meeting to approve one prospective expert to be retained. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to, those prescribed by applicable City Charter and City Code provisions. Section 3. The expert shall provide recommendations for optimizing the management of pending litigation. Section 4. The City Manager is directed to oversee the process of selecting the prospective experts and to ensure that the selection is made based on the experts' qualifications, experience, and reputation in the field of legal auditing and review including being a member in good standing of the Florida Bar, extensive experience in local and municipal government law as well as civil trial experience in both state and federal trials. The City Manager shall make the selection by April 25, 2024, and present the prospective experts to the City Commission for approval of one expert to be retained. Section 5. The audit shall be conducted in compliance with the Rules Regulating the Florida Bar, Florida Law, and the City Charter and City Code. Section 6. The City Manager is further authorized' to allocate the necessary funds to cover the expenses associated with hiring the expert and conducting the review and audit of pending litigation cases where the amount in controversy exceeds $5 million dollars. Section 7. The expert shall report the findings and recommendations to the City Commission upon completion of the review and audit, which shall be completed by Section 8. This Resolution shall become effective immediately upon adoption. APPROVED AS TO FORM AND CORRECTNESS: