HomeMy WebLinkAboutMemoCA-9
CITY OF MIAMI
CITY ATTORNEY'S OFFICE
MEMORANDUM
TO: Mayor and Members of the City Commission
FROM: Alejandro Vilarello, City Attorney
DATE: May 15, 2003
RE: Proposed Resolution for City Commission Meeting — May 22, 2003
City of Miami and Southeast Overtown/Park West Community
Redevelopment Agency v. Lyric Village Housing, Inc. and St. John
Community Development Corporation, Inc., in the Miami -Dade
Circuit Court Case No. 00-30414 CA (13).
The attached proposed Resolution seeks authorization for the settlement of all claims
against the City of Miami and its officers, agents and servants, and Southeast Overtown/Park
West Community Redevelopment Agency ("CRA") in the above -referenced case in the amount
of $1,000,000.
This matter arises out of a request for proposal issued on or about June 20, 1996, for the
redevelopment of a certain property. On August 9, 1996, the CRA selected Lyric Venture, a
general partnership between Lyric Village Housing, Inc. (LVHI) and St. John Community
Development Corporation, Inc., as a successful respondent to the RFP and on or about October
28, 1996, the City Commission of the City approved Lyric Venture as a successful proposer with
respect to the property.
The City and the CRA contend that (i) the parties who executed the Purchase Agreement,
the Development Agreement, the Mortgage and the Note Iacked the requisite authority to bind St.
John CDC, Lyric Venture and the CRA and (ii) the CRA, St. John CDC and Lyric Venture never
performed under the Purchase Agreement, the Development Agreement, the Mortgage or the
Note.
Title to the property was never conveyed by the CRA to St. John CDC nor have St. John
CDC, LVHI and Lyric Venture ever developed the property as contemplated by the RFP and the
Development Agreement. St. John CDC contends that the City and the CRA prevented Lyric
Venture's performance by failing to convey title to the Property to St. John CDC as contemplated
by the Purchase Agreement.
The City and CRA filed a declaratory judgment action in the Circuit Court of the 11`"
Judicial Circuit in and for Miami -Dade County, Florida, and LVHJ and St. John CDC have filed
counterclaims against the City and the CRA.
03- 511
The City Attorney's Office and the Risk Management Division have investigated and
evaluated this case and have approved the recommendation of this settlement.
Funds are available from the City's General Fund in the sum of $195,000.00, Index Code
No. 001.000; HOME Funds in the sum of $665,417.32, Index Code No. 198008.063615.4.339;
CDBG Funds in the sum of $85,000.00, Index Code No. 799126.457275.6.979; and the waiver
and release of outstanding liens in the sum of $54,582.68.
Attachment(s)
W878:egq:KRM
c: Joe Arcola, City Manager
Elvi G.Alonso, Agenda Coordinator
Section Pagel of 2
(Code of Federal Regulations]
iTitic 24, volume 11
(Revived as of April 1, 2003)
From the U.S. Government Printing Office via GPO Accc55
'CITE: 24CFR92.756j
(Page 608-091
TITLE 24--HOUSING ANf) URFA.)I DEVELOPMENT
PART 92--HOME INVf:STt4ENT PARTNERSHIPS PROGRAM --Table ot Contents
Subpart. H--Ocher Federal Requirements
Sec. 92.356 Conflict of interest.
(a) Applicability. In the procurement of property and Services by
ootticipatinq jurisdictions, State recipients, and .sn brecipients, the
conflict of interest provisions in 24 CFR 87.36 and 24 CFR 84.42,
respectively, apply. In all cases not governed by 24 CFR 85.35 and 24
CFR. 34.42, the prcwision3 of this section apply.
ib) Conflicts prohibited. No persons described in paragraph (c) of
this section who exercise Oc' have exercised any functions or
responsibilities with respect Lo activities assisted with HONE funds or
who are in a position to participate in a derisionmakin9 process or gain
inside Intotmation with regard to these activities, may obtain a
fnancial intetevt or henefit'from :1 HONE -assisted activity, or hat/P. an
interest in any contract, subcontract or agreement with respect thereto,
or the proceeds thereunder, wither for themselves or those with whom
they have family of business ties, during their tenure or for one year
thereafter.
le) Persons covered. The conflict of intetect provisions of
u.tagraph (h) of this section apply to any person who is an employee,
event, consultant, otticet, or elected official or appointed'officiei of
the participating iurisdicLion, State recipient, or eubrecipient which
are receiving HOME funds.
idi Exceptions: Threshold requirements. Upon the written request ot
the participating jurisdiction, HUD may grant an exception to the
Provisions of paragraph (b) of this section en a case -by -Lase basis when
it determines that the exception will Serve to further the purposes of
the HOME Investment partnerships Program and the effective and efficient
administration of the participating jurisdiction's program of project.
An exception may be considered only after the participating jwlisdiction
has provided the following:
(1) A discicsute of the nature of the conflict, accompanied by an
assurance that there has been public disclosure of the conflict sad a
description of hew the public d.isnlosur.e was made; and
((Pale 60911
(2) An opinion of the pa,licipat:nrl jurisdiction's or Stare
recipient's attorney that, the interest for which the exception is sought
wsulo.nol violate State or ideal law.
(e( F ,.Lots to he nonsidered for exceptions. In deterutir,inj whether
to grant a requested exception atter the participating jurisdiction has
cazisfactorfly stet the requirements oC paragraph (d) of this section,
H'to will consider the ,:umulaCiVe ettect or the following rectors, where
applicable:
(11 Whether the esneption weuid provide n significant cost benefit
or ar, essential degree of expertise to the .program or pcuject which
,:surd othecwiso not he available;
(2) whether the person attecL d is a member or a group or class of
iew-ioeome persons .intended to be the beneficiaries of the assisted
activity, and r.he a::ception ,:ell permit suet, person to receive generally
L t:e same inrsrests or he nafirs as its being rnwJe available or provided
Lu Li:c group or class;
http J/edocket.access.gpo.gov/cfr_2003laprgtr/24cfr93.3 56.htm 6/4/200g
Section
Page 2 of 2
(3) whether the attecced person has withdrawn from his ut her
functions: or responsibilities, or the decisicvtmaking proses_ with
respect to the specific assisted acrivity in ynestion;
(4) Whether the inr.erest of benefit was present before the affected
person was in a position as described in paragraph (c) of this section;
151 Whether undue hardship will result either to the participating
jurisdic-,ion or the person affected when weighed against the public
iuLrrest served by avoiding the prohtbid conflict; and
(6( Any other relevant considerations.
(f) Owners and Cevelopers. (1) Nu owner, developer. QC sponsor of a
project assisted with HOME funds (or oLCicr, employee, agent, elected
or appointed official or e.,nsulraot of the owner, developer or sponsor)
whechet private, for -profit or non-profit (including a community housing
development organization (CAW when acting as an owner, developer or
sponsc1i may occupy a HOME -assisted affordable housing unit in a
project. This provision does not apply to an individual who receives
HOME funds to acquire or rehabilitate his or her principal residence or
to an employee or .agent Ot the owner nr developer of a rental housing
project who occupies a housing unit as the project manager or
maintenance wutkct.
(2; Exceptions. Upon written tequc,st of a housing' owner or
developer, the patticirarinq jurisdiction (or State tecipienr„ if
aul hopped by the State participating jurisdiction) m.a• grant an
exception t0 the provisions of paragtuph )f)(1) of this ::ectiOn on a
case -by -case basia when it derermtnes that the exception will serve to
further the purposes of the HOME program and the effective and efficient
administration of the owner's or developer':; HOME -assisted project. In
determining whether to grant a requested exception, the participating
jurisdiction shall ennsidec the following tuclors:
(i) 'ilhther the person receiving the benefit is a member of a group
or class ot, low-;noor..a persons intended to be the beneficiaries of the
assisted housing, and the exception will permit such person to receive
generally the same inter:,sts or benefits AA are being made available or
provides to the gtaup or class;
(ii1 whethet Lite per.scn has withdrawn from his or her functions vt
responsibilities, of the derisiohmaking process with respect to the
specific assisted hou:;ing in question:
(iii) Whether the tenant ptotection cuguirements of Sec. 92.253 are
being observed;
(iv) Whether the affirmative marketing tequireeents o1 :'o._. 92.351
are being observed and followed; and •
'v) Any other factor telcvanr to the paciicipat.ing jurisdiction's
determination, including the timing of the requested exception.
)r:; PR 48150, Sept. 16, 1998, as amended at EZ ER 28935, May 29, 19911
http://edocke(.access.gpo.gov/cfr_2003/aprgtr/24cfr92.356.hL11 6/4/2008
07108!2300 16:39 3055790273
COMMISSION ON ETHICS
PAGE 01/02
ETHICS COMTUSSIONt:RS
goy, y F RII, M111a1. PUIRrraSon
n,wa E. AJdy, TICE cw+IRrawnnrl
Magda Abdo -Comer
Judge Seymour Gutter
trite Wright
ROBrRT A. M£.Y£RS
rsru:unvx DIRECTOR
MICHAELr.MURAWSKT
•n<ut.'Tt
�IWYTH WALKER
lrrnn Gcxra4L Crnuar1,
July 8, 2008
Maria T. Ason, Contract Compliance Analyst
City of Miami Department of Community Development
444 SW 2nd Ave., 2"d Floor
Miami, FL 33130
Via First Class Mail and Fax at 305.400.5 1 75
Re. INO 08-117 Harris
Dcar Ms. Ason:
In correspondence to our office on June 30, 2008, you asked about possible
ethics conflicts that would prcvcntUltruta Harrib, au euipluyve of the City
Department of Parks and Recreation, from purchasing a residence under the
federal HOME-ossi.sled program, which is administered by the City Department
of Community Development.
In brief, no conflicts exist under the Miami -Dade County Conflict of Tnte.rnvt Rr
Code of Ethics Ordinance at Section 2-11.1 to prevent Ultrina Hams from
purchasing a residence through the HOME -assisted program.
The facts as we understand them are as follows:
1. Ultrina Hama i.c rnrp1nyerl ac a Rnr.rnatuonal .Mdc QI by the Miami
Department of Pals and Recreation. She has not worked for any other
Departments and has not held any other positions in the City.
2. Ms. Harris' s typical duties as a Recreational Aide III include caring for and
supervising children between the ages of 5 to 18; teaching exercise classes to
adults, including the etderly; serving as scorekeeper, referee, timekeeper, or
umpire in a variety of sports activities; picking up donated snacks from local
vendors; preparing liclda for different Sports activities; toavbing a Computer
Course 101; and promoting park programs in the local community.
3. As a City employee, Ms. Hams has not exercised in the pant, nor does she
currently exercise, any functions or responsibilities whatsoever with respect
to City activities associated with HOME -assisted funds or programs.
4. Ms. Harris has stet certain financial, requirements qualifying her to purchase
al -TOME -assisted unit.
19 %VEST FLAGLF.R STREET Sl ITIC 820 • MTA I'll. FLORIDA 33130 TTL. (39a) 579-2594
07/06/2009 16:39 3055790273
COMMISSION DN ETHICS PAGE 02/02
Although Section 2- i 1.1 (c) of the County Code of Ethics Ordinance generally
prohibits local government employees from transacting business with their
respective governments, certain exceptions arc allowed under Subsection 2-11.1
(c)(2)t
fCityl entplovees' Inn ited exclusion tom orohibition on
centroctiag with tlac (City1. Notwithstanding any provision to the
contrary herein, Subsections (c) and (d) shall not be construed to
prevent any empioycc ... or his or her immediate, family .. _ from
entering into any contract ... with [the City) or any person or
agency acting for [the City), os long as 1) entering inra the
contract would not interfere wtth the fulland faithful
discharge by the employee of his or her duties to the (Cityj, 2)
the employee has not pariielpatad in determining tke subject
contract requirements or awarding the contract, and 3) the
employee's job responsibilities and job description will not
require him or her to be involved to the contract in any way
including, bur not limited to, its enforcement, oversight,
administration, amendment, axeonsion, rcrmrnahon or
forbearance. However, this limited exclusion shall not be
construed to authorize an employee or his or her immediate
family member to enter into a contract with 'the CityJ or any
person or agency acting fbr [the City] if the employee works in
the JCityj department whtch will enforce, oversee vr urlrninister
the subject contract. (Emphasis added.)
It is the opinion of the Eti7io3 Commission that Uttrina Hariih way writraot to buy
a HOME -assisted residence through a program administered by the City of
Miami Department of Community Development because entering into the
contract does not interfere with the full and faithful discharge oilier duties to the
City. Based on her responsibilities as a Recreational Aide III, we understand that
site has nut pats thdpalo in determining the contract requirements or in awarding
the contract. Additionally, her job responsibilities and job descriptions will not
require her to be involved in the contract in any way including, hut not lirnitcd to,
its enforcement, oversight, administration, amendment, extension, termination, or
forbearance. Finally, she does not work in the City department that will enforce,
oversee, or administer the contract
if you have further questions, please do nor hesitate to contact me at
305.350.0601.
Sincerely,
VI1g4 FRIGO
Staff Att ey
1NO os-1 17
Jury 5, 2008
Ultrias Harris
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