Legislative Matter

Miami-Dade Legislative Item
File Number: 073660

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Clerk's Official Copy

File Number: 073660

File Type: Resolution

Status: Adopted

Version: 0

Reference: R-1387-07

Control: Board of County Commissioners

File Name: INTERLOCAL BTWN SCHOOL BOARD AND MDC FOR I.G. SERVICES

Introduced: 12/11/2007

Requester: NONE

Cost:

Final Action: 12/18/2007

Agenda Date: 12/18/2007

Agenda Item Number: 11A8

Notes:

Title:

RESOLUTION APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND MIAMI-DADE COUNTY, FLORIDA, FOR THE PROVISION OF INSPECTOR GENERAL SERVICES THROUGH THE OFFICE OF THE MIAMI-DADE COUNTY INSPECTOR GENERAL [SEE ORIGINAL ITEM UNDER FILE NO. 073392]

Indexes:

INTERLOCAL AGREEMENT

Sponsors:	Bruno A. Barreiro, Prime Sponsor
	Sally A. Heyman, Co-Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	12/18/2007	11A8	Adopted				P

County Attorney	12/11/2007		Assigned	Gerald K. Sanchez

Health and Public Safety Committee	11/28/2007	2E AMENDED	Forwarded to BCC with a favorable recommendation with committee amendment(s)				P
REPORT:	Assistant County Attorney Christian read the foregoing proposed resolution into the record. Mr. Chris Mazzella, Miami-Dade Inspector General, appeared and provided a summary of the proposed interlocal agreement between the County and the School Board of Miami-Dade County for the provision of inspector general services through the Office of the Miami-Dade County Inspector General (IG). Chairman Agustin Barrera, School Board of Miami-Dade County, appeared before the committee and provided a brief overview of the School Board’s Inspector General’s Office. He noted this project was initiated approximately three (3) years ago. Chairman Barrera highlighted points in the discussion process that led to the proposed interlocal agreement and explained the proposed organizational structure. He stated there would be no cost to the County, pointing out that the School Board would gain the benefit of the County’s Inspector General’s experience. Mr. Mazzella advised that his first priority would be to ensure the jurisdiction, responsibilities, functions, and authority of the School Board’s IG office would not differ from that of the County. He noted he anticipated some County resources would be directed to the School Board initially, for the supervision and management of the School Board’s IG office. He further noted the cost of the investigators would be absorbed by the School Board and pointed out that the IG staff would consist of School Board employees. Mr. Mazzella advised the cost for the IG’s services would be reimbursed to the County, with an additional fee, currently being negotiated, for overhead expenses. Mr. Mazzella commented on the indemnification and legal representation clause and noted any fees incurred for this purpose would be covered by the School Board. He explained that the agreement was flexible and could be easily amended, to address budget, operations, and facility location issues within a 90-day period. He expressed confidence that this initiative would be successful. Mr. Mazzella confirmed Commissioner Sosa’s point of clarification that the County’s OIG staff would remain with the County and the School Board’s OIG staff would work only for the School Board. In response to concerns expressed by Commissioners Sosa and Souto, that the added responsibility would impact the IG’s ability to fulfill his obligation to the County, Mr. Mazzella expressed confidence in being able to handle the added responsibilities successfully. In response to Commissioner Gimenez’ inquiry regarding the budget, Mr. Mazzella explained that the School Board’s budget for the OIG would be a separate account that the County would draw down on. Regarding separation of County and School Board staff, Mr. Mazzella noted the probability that some County OIG staff would initially work at the School Board’s OIG. Commissioner Gimenez asked that the foregoing proposed resolution be amended to include the language “Miami-Dade County” under Section 10- "INDEMNIFICATION AND LEGAL REPRESENTATION of the OIG and OIG STAFF" with respect to the School Board’s hold harmless clause. Chairman Moss recognized Vice Chairwoman Perla Tabares Hantman and member Ana Rivas Logan of the School Board of Miami-Dade County, and invited them to express their comments. Ms. Perla Tabares Hantman, Vice Chairwoman, School Board of Miami-Dade County spoke in support of this resolution and expressed hope for a successful outcome. There being no further questions or comments, the committee proceeded to vote on the foregoing proposed resolution as amended to include the language “Miami-Dade County” under Section 10- "INDEMNIFICATION AND LEGAL REPRESENTATION of the OIG and OIG STAFF" with respect to the School Board’s hold harmless clause.

Legislative Text

TITLE
RESOLUTION APPROVING EXECUTION OF AN INTERLOCAL AGREEMENT BETWEEN THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA, AND MIAMI-DADE COUNTY, FLORIDA, FOR THE PROVISION OF INSPECTOR GENERAL SERVICES THROUGH THE OFFICE OF THE MIAMI-DADE COUNTY INSPECTOR GENERAL

BODY
WHEREAS, the School Board of Miami-Dade County has requested this Board's assistance in the hiring of an inspector general so that it may better serve the citizens of Miami-Dade County; and
WHEREAS, Miami-Dade County has an established Office of Inspector General that has been nationally recognized for effectively and independently fulfilling its duties and employing staff with the ability, knowledge and experience to conduct investigations and audits into government waste, fraud, or mismanagement; and
WHEREAS, the School Board of Miami-Dade County has requested that the Office of Inspector General of Miami-Dade County function through an interlocal agreement as the Inspector General for the School Board; and
WHEREAS, the School Board of Miami-Dade County has agreed to fully fund any activities undertaken by the Office of the Inspector General on the School Board's behalf at no cost to Miami-Dade County; and
WHEREAS, this Board recognizes that both bodies share a mutual interest in serving the residents of Miami-Dade County by preventing fraud, waste, financial mismanagement and other abuses that impact the level of service provided to the community,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA, that this Board approves the interlocal agreement between the School Board of Miami-Dade County, Florida, and Miami-Dade County, in substantially the form attached hereto and made a part hereof, and authorizes the County Mayor or his designee to execute such interlocal agreement.