HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM
File ID: #17761
Date: 06/16/2025
Commission Meeting Date: 07/24/2025
Requesting Department: Department of
Housing and Community Development
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Approve - Waiver Agreement - City Employee
Purpose of Item:
BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE, AFTER AN ADVERTISED
PUBLIC HEARING, PURSUANT TO SECTION 2-614 OF THE CODE OF THE OF THE
CITY OF MIAMI ("CITY"), FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE
CONFLICT OF INTEREST PROVISIONS CONTAINED IN SECTION 2-612 OF THE
CITY CODE TO ALLOW LINCO MATHURIN, A CITY EMPLOYEE TO BECOME A
CITY VENDOR AS THE NEW OWNER OF THE PROPERTY LOCATED AT 6304 NW
1 COURT, MIAMI, FLORIDA, 33150, WHICH IS CURRENTLY RENTED TO A TENANT
PARTICIPATING IN THE CITY'S TENANT -BASED RENTAL ASSISTANCE PROGRAM
("TBRA"), AND TO RECEIVE HOUSING ASSISTANCE PAYMENTS ("HAP") AS
LANDLORD UNDER A VALID EXISTING LEASE AGREEMENT, ENABLE THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH THE LANDLORD TO
TRANSACT BUSINESS WITH AND FOR THE CITY OF MIAMI.
Background of Item:
Section 2-612 of the Code of the City of Miami, Florida, as amended ("City Code"),
prohibits any City of Miami ("City") employee from entering a contract or transacting
business with the City or any agency acting on its behalf, unless such prohibition is
waived by the City Commission in accordance with Section 2-614 of the City Code.
Section 2-614 of the City Code permits the City Commission to waive the provisions of
Section 2-612 by an affirmative vote of four -fifths (4/5ths) of its members following a
duly advertised public hearing.
Linco Mathurin, a current City of Miami employee, has recently acquired property
located at 6304 NW 1 Court, which was at the time of purchase, occupied by a tenant
participating in the City's TBRA Program under a valid lease agreement and an existing
HAP contract.
The City employee did not initiate or negotiate the HAP contract or tenancy, but
acquired the property subject to the existing lease, and is now required to be registered
as a City vendor to receive TBRA payments in the landlord's capacity.
The requested waiver will be permitting the employee to receive HAP payments under
these unique and unintentional circumstances and will prevent the displacement of a
low-income tenant and serve the City's interest in maintaining affordable housing
stability.
The City Commission finds that waiving the provisions of Section 2-612 to allow this
employee to transact business with the City as a landlord under the TBRA program is
consistent with the intent and purpose of Section 2-614 and is in the best interest of the
City.
This waiver is limited in scope and shall not be interpreted as exempting the employee
from compliance with any applicable provisions of Chapter 112 of the Florida Statutes or
Section 2-11.1 of the Miami -Dade County Code of Ordinances.
The City's Administration recommends waving the conflict -of -interest provisions
contained in Section 2-612 of the city code to allow a City employee to become a city
vendor as the new owner of the property located at 6304 NW 1 Court, Miami, Florida.
Budget Impact Analysis
Item is NOT Related to Revenue
Item has NOT an Expenditure
Item is NOT funded by Bonds
Total Fiscal Impact:
Total Fiscal Impact: $0
Reviewed B
Department of Housing and Community Development
Review Completed 06/16/2025 11:47 AM
Office of Management and Budget Luis Hernandez -Torres
Office of Management and Budget Marie Gouin
City Manager's Office Larry M. Spring
City Manager's Office Natasha Colebrook -Williams
City Manager's Office Arthur Noriega V
Legislative Division Valentin J Alvarez
Office of the City Attorney Raymond Pereira
Office of the City Attorney George K. Wysong III
City Commission Maricarmen Lopez
Office of the City Clerk City Clerk's Office
Victor Turner
Budget Analyst Review
Budget Review
Assistant City Manager Review
Deputy City Manager Review
City Manager Review
Legislative Division Review
ACA Review
Approved Form and Correctness
Meeting
Rendered
Department Head
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
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Completed
06/16/2025 12:40 PM
06/16/2025 1:35 PM
06/24/2025 12:35 PM
06/24/2025 2:58 PM
06/25/2025 9:18 AM
06/26/2025 10:58 AM
07/14/2025 10:20 AM
07/14/2025 4:23 PM
07/24/2025 9:00 AM
07/30/2025 2:11 PM
City of Miami
Legislation
Resolution
Enactment Number: R-25-0286
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17761 Final Action Date:7/24/2025
A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5THS)
AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, PURSUANT TO
SECTION 2-614 OF THE CODE OF THE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED ("CITY CODE"), WAIVING THE CONFLICT OF INTEREST PROVISIONS
CONTAINED IN SECTION 2-612 OF THE CITY CODE TO ALLOW LINCO
MATHURIN, A CITY EMPLOYEE, TO BECOME A CITY VENDOR AS THE NEW
OWNER OF A PROPERTY LOCATED IN THE CITY OF MIAMI ("CITY"), WHICH IS
CURRENTLY RENTED TO A TENANT PARTICIPATING IN THE CITY'S TENANT -
BASED RENTAL ASSISTANCE PROGRAM ("TBRA"), AND TO RECEIVE HOUSING
ASSISTANCE PAYMENTS ("HAP") AS LANDLORD UNDER A VALID EXISTING
LEASE AGREEMENT.
WHEREAS, Section 2-612 of the Code of the City of Miami, Florida, as amended ("City
Code"), prohibits any City of Miami ("City") employee from entering a contract or transacting
business with the City or any agency acting on its behalf, unless such prohibition is waived by
the City Commission in accordance with Section 2-614 of the City Code; and
WHEREAS, Section 2-614 of the City Code permits the City Commission to waive the
provisions of Section 2-612 by an affirmative vote of four -fifths (4/5ths) of its members following
a duly advertised public hearing; and
WHEREAS, Linco Mathurin is a City Employee of the Department of Parks and
Recreation ("Employee"), and has recently acquired property in the City, which was at the time
of purchase, occupied by a tenant participating in the City's Tenant Based Rental Assistance
Program ("TBRA") Program under a valid lease agreement and an existing Housing Assistance
Payments ("HAP") contract; and
WHEREAS, the City Employee did not initiate or negotiate the HAP contract or tenancy,
but acquired the property subject to the existing lease, and is now required to be registered as a
City vendor to receive TBRA payments in the landlord's capacity; and
WHEREAS, the requested waiver will permit the Employee to receive HAP payments
under these unique and unintentional circumstances, and will prevent the displacement of a low-
income tenant and serve the City's interest in maintaining affordable housing stability; and
WHEREAS, the City Commission finds that waiving the provisions of Section 2-612 of
the City Code to allow this Employee to transact business with the City as a landlord under the
TBRA program is consistent with the intent and purpose of Section 2-614 of the City Code and
is in the best interest of the City; and
WHEREAS, this waiver is limited in scope and shall not be interpreted as exempting the
Employee from compliance with any applicable provisions of Chapter 112 of the Florida Statutes
or Section 2-11.1 of the Miami -Dade County Code of Ordinances; and
WHEREAS, the City's Administration recommends waving the conflict -of -interest
provisions contained in Section 2-612 of the City Code to allow a City Employee to become a
City vendor as the new owner of the property in the City;
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 prohibitions contained in Sections 2-612 of the City Code are waived
pursuant to Section 2-614 of the City Code, by a four -fifths (4/5ths) affirmative vote of the
members of the City Commission, after a public hearing, as such prohibitions pertain to Linco
Mathurin, a current City Employee. This waiver shall permit the landlord to become a City
vendor as the new owner of the property located within the City occupied by a tenant
participating in the City's TBRA Program under a valid lease agreement and an existing HAP
contract.
Section 3. The waiver set forth in Section 2-612 of the City Code hereof is based upon
the following finding:
(a) Linco Mathurin, as a landlord under the TBRA program will prevent the
displacement of a low-income tenant and serve the City's interest in maintaining affordable
housing stability.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
rge = . Wy y ng I lf, C ty ttor -y 7/14/2025