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HomeMy WebLinkAboutR-25-0286City of Miami Resolution R-25-0286 Legislation 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 City of Miami Page 1 of 2 File ID: 17761 (Revision:) Printed On: 8/13/2025 File ID: 17761 Enactment Number: R-25-0286 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 ng II , Cty ttor -y 7/14/2025 City of Miami Page 2 of 2 File ID: 17761 (Revision:) Printed on: 8/13/2025