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HomeMy WebLinkAboutR-24-0135City of Miami Resolution R-24-0135 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15816 Final Action Date: 4/11/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MIAMI ("CITY") AND MIAMI-DADE COUNTY ("COUNTY") FOR THE COUNTY OFFICE OF THE INSPECTOR GENERAL ("COUNTY OIG") TO EXERCISE ITS POWERS AND DUTIES, AS OUTLINED IN SECTION 9.11 OF THE COUNTY'S CHARTER AND SECTION 2-1076 OF THE COUNTY CODE OF ORDINANCES, AS AMENDED, OVER THE CITY AND ITS OFFICERS, OFFICIALS, EMPLOYEES, BOARDS, AGENCIES, AND INSTRUMENTALITIES, UNTIL SUCH TIME AS THE CITY CREATES AND ESTABLISHES ITS OFFICE OF THE INDEPENDENT INSPECTOR GENERAL, SUBJECT TO ALL NECESSARY BUDGETARY APPROVAL AT THE TIME OF NEED; DIRECTING THE CITY MANAGER TO NEGOTIATE AND EXECUTE THE INTERLOCAL AGREEMENT WITH THE COUNTY FOR SAID PURPOSE WITHIN THIRTY (30) TO SIXTY (60) CALENDAR DAYS FROM THE DATE OF ADOPTION OF THIS RESOLUTION; FURTHER PROVIDING AND REQUIRING THAT ANY REQUESTS FOR ADDITIONAL TIME TO NEGOTIATE AND EXECUTE THE INTERLOCAL AGREEMENT WITH THE COUNTY SHALL REQUIRE CITY COMMISSION APPROVAL; FURTHER PROVIDING AND REQUIRING THAT ANY FUTURE PROPOSED AMENDMENTS TO THE INTERLOCAL AGREEMENT SHALL REQUIRE CITY COMMISSION APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on December 16, 1997, the Miami -Dade County ("County") Board of County Commissioners adopted Ordinance No. 97-215, as subsequently amended, establishing the County Office of the Inspector General ("County OIG"); and WHEREAS, the mission of the County OIG is to detect, investigate and prevent fraud, waste, mismanagement, misconduct, and abuse of power through independent oversight of County affairs, and seek appropriate remedies to recover public monies; and WHEREAS, pursuant to County Resolution No. R-683-20, the County held a countywide election on November 3, 2020, wherein County voters approved the County Charter Amendment to establish the County OIG; and WHEREAS, the City of Miami ("Miami") Commission adopted Resolution No. R-24-0021 directing the City Attorney to prepare an amendment to the Charter of the City of Miami, Florida ("Charter"), for consideration at the special election to be held on August 20, 2024, proposing the creation of Section 52 of the Charter, to be titled "Office of Independent Inspector General," to create the Office of the Independent Inspector General ("OIIG"), and to provide the purpose, powers, and duties, including subpoena powers, in the Charter; and City of Miami Page 1 of 3 File ID: 15816 (Revision:) Printed On: 7/25/2025 File ID: 15816 Enactment Number: R-24-0135 WHEREAS, until such time as the City obtains the referendum approval from City voters and creation and establishment thereafter of the OIIG, the City wishes to have inspector general oversight; and WHEREAS, the City finds that it is in the best interest of the City to enter into an Interlocal Agreement with the County for the County OIG to exercise its powers and duties, as outlined in Section 9.11 of the County's Charter and Section 2-1076 of the County Code of Ordinances, as amended, over the City and its officers, officials, boards, agencies, and instrumentalities; and WHEREAS, Section 163.01, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969," authorizes local governments to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage to provide services and facilities that will harmonize geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, it is in the bests in interests of the City for the City Commission to authorize the City Manager to negotiate and execute, in a form acceptable to the City Attorney, an Interlocal Agreement with the County for the County OIG to exercise its powers and duties, as outlined in Section 9.11 of the County's Charter and Section 2-1076 of the County Code of Ordinances, as amended, over the City and its officers, officials, boards, agencies, and instrumentalities, subject to budgetary approval at the time of need; 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. The City Manager is authorized' to negotiate and execute, in a form acceptable to the City Attorney, an Interlocal Agreement between the City and the County for the County OIG to exercise its powers and duties, as outlined in Section 9.11 of the County's Charter and Section 2-1076 of the County Code of Ordinances, as amended, over the City and its officers, officials, boards, agencies, and instrumentalities, until such time as the City creates and establishes its OIIG, subject to all necessary budgetary approval at the time of need. Section 3. The City Manager is further directed to negotiate and execute the Interlocal Agreement with the County for said purpose within thirty (30) to sixty (60) calendar days from the date of adoption of this Resolution. This Resolution further provides and requires that any requests for additional time to negotiate and execute the Interlocal Agreement with the County shall require City Commission approval. Section 4. This Resolution further provides and requires that any future proposed amendments to the Interlocal Agreement shall require City Commission approval. Section 5. This Resolution shall become effective immediately upon its adoption. 1 The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and City Code provisions. City of Miami Page 2 of 3 File ID: 15816 (Revision:) Printed on: 7/25/2025 File ID: 15816 Enactment Number: R-24-0135 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 3 of 3 File ID: 15816 (Revision:) Printed on: 7/25/2025