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HomeMy WebLinkAboutcover memoCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO : The Honorable Mayor and Me,' . ers of The ity Commissio FROM : Joe City C�. la ager DATE : SUBJECT FEB 6 2004 FILE : Waiver of Conflict of Interest for The Latin Quarter Cultural Center Commercial Facade Award REFERENCES : City Commission Agenda February 26, 2004 ENCLOSURES: RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution by a four -fifths affirmative vote, making the required findings and waiving the conflict of interest to grant the award of Community Development Block Grant (CDBG) funds, in the Public Facilities and Improvements category, in the amount of $40,000 for the rehabilitation of The Latin Quarter Cultural Center of Miami Inc. building, located at 1501 S.W. 8th Street, Miami, Florida. BACKGROUND: On September 27, 2002, Antonio Wagner submitted a Letter of Interest to Small Business Opportunity Center, Inc. (SBOC) on behalf of The Latin Quarter Cultural Center of Miami, Inc. (Latin Quarter) for financial assistance with the rehabilitation of their building located at 1501 S.W. 8th Street. On October 10, 2002, the City Commission allocated CDBG funds, in the Public Facilities and Improvements category, in the amount of $40,000 for the rehabilitation of the Latin Quarter Building. At the time of the award, Antonio Wagner was employed by the City of Miami as Neighborhood Enhancement Team (NET) Administrator and was also the President, Secretary, Treasurer and Director of Latin Quarter. Regarding a potential conflict of interest, the City of Miami Law Department determined that a conflict of interest does exist as relates to Section 2-611 of the City Code which broadly prohibits employees from entering into a contract or transacting any business with the City or any person or agency acting for the City. The legal opinion also found that Section 2-612 of the City Code allows the City Commission, after a public hearing and making the required findings, to waive a conflict and grant the transaction on a four -fifths affirmative vote. The required findings identified in the City Code are: (i) The transaction was solicited through sealed bids; or (ii) The property or services are unique and the City cannot avail itself of such property or services without entering into this transaction; and (iii) The proposed transaction would be in the City's best interest. It is recommended that the City Commission adopt the attached Resolution by a four -fifths affirmative vote, making the required findings and waiving the conflict of interest to grant the award of Community Development Block Grant (CDBG) funds, in the Public Facilities and Improvements category, in the amount of $40,000 for the rehabilitation of The Latin Quarter Cultural Center of Miami Inc. building, located at 1501 S.W. Bch Street, Miami, Florida. The j osed Resolution does not have a budgetary impact on the General Fund. LM /BGR