Loading...
HomeMy WebLinkAboutAgenda Item Summary FormAGENDA ITEM SUMMARY FORM File ID: #18201 Date: 09/18/2025 Commission Meeting Date: 11/20/2025 Requesting Department: Department of Housing and Community Development Sponsored By: District Impacted: All Type: Resolution Subject: Approve - Waiver City Employee as LL - HOPWA TBRA Purpose of Item: 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 ALEXANDER AGUILAR, A CITY EMPLOYEE TO BECOME A CITY VENDOR AS OWNER OF A PROPERTY LOCATED IN MIAMI DADE COUNTY, 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. 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. Alexander Aguilar, a current City employee, acquired a property in Miami Dade County, that is occupied by a tenant participating in the City's Tenant Based Rental Assistance Program ("TBRA") Program under a valid lease agreement and an existing HAP contract. The City employee did not initiate or negotiate the Housing Assistance Payments ("HAP") contract or tenancy and now is required to be registered as a city vendor to receive TBRA payments in a 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 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. 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 owner of the property located in Miami Dade County. 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 Department of Housing and Community Development Review Completed Office of Management and Budget Office of Management and Budget City Manager's Office City Manager's Office City Manager's Office Legislative Division Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Reviewed B 09/18/2025 12:49 PM Luis Hernandez -Torres Marie Gouin Erica T. Paschal Natasha Colebrook -Williams Arthur Noriega V Valentin J Alvarez Raymond Pereira George K. Wysong III Maricarmen Lopez 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 10/02/2025 7:02 PM Completed 10/06/2025 11:04 AM Completed 10/06/2025 2:52 PM Completed 10/10/2025 2:27 PM Completed 10/10/2025 4:42 PM Completed 10/13/2025 4:15 PM Completed 11/05/2025 4:50 PM Completed 11/06/2025 4:22 PM Completed 11/20/2025 9:00 AM Completed 11/24/2025 9:27 PM City of Miami Legislation Resolution Enactment Number: R-25-0466 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 18201 Final Action Date:11/20/2025 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 ALEXANDER AGUILAR, A CITY OF MIAMI ("CITY") EMPLOYEE TO BECOME A CITY VENDOR AS OWNER OF A PROPERTY LOCATED IN MIAMI DADE COUNTY, 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, Alexander Aguilar, a current City employee, acquired a property in Miami Dade County, that is occupied by a tenant participating in the City's Tenant Based Rental Assistance Program ("TBRA") Program under a valid lease agreement and an existing HAP contract; and WHEREAS, the City employee did not initiate or negotiate the Housing Assistance Payments ("HAP") contract or tenancy, and now is required to be registered as a city vendor to receive TBRA payments in a 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 owner of the property located in Miami Dade County; 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 Alexander Aguilar, a current City employee. This waiver shall permit the landlord to become a City vendor as the owner of the property located in Miami Dade County and 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) Alexander Aguilar, 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 Wyy ng Ill, City ttor -y 11/6/2025 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions.