R-90-694•
CITY OF CLERMQNT
RESOLUTION
No. 694
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CLERMONT,
LAKE COUNTY, FLORIDA, ADOPTING AN AFFIRMATIVE ACTION
PLAN; SETTING FORTH POLICIES, PROVIDING FOR DEFINITIONS,
AND DEFINING AN ACTION PLAN.
WHEREAS, the City Council of the City of Clermont desires to
establish a policy supporting small and minority businesses, and
WHEREAS, the City Council of the City of Clermont recognizes an
opportunity to affirmatively support small and minority business
in those programs directly funded by the U.S. Department of Housing
and Urban Development, and
WHEREAS, the City Council of the City of Clermont recognizes the
need to adopt an action plan to implement such goals,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA THAT:
POLICY
It shall be the policy of the City of Clermont to require each
department, agency, entity or agent of the City to promote and
assist small and minority businesses in gaining entry to do
business with the City of Clermont. By assisting small and
minority businesses, the City will help to expand and develop the
small and minority business sectors in and around the City of
Clermont.
For projects assisted by programs providing direct financial
assistance from the U.S. Department of Housing and Urban
Development (H.U.D.), the City will include the Section III clause
of the Housing and Urban Development Act of 1968 in all contracts
for work connected with the projects. The City will also comply
with the Section III clause, which requires the following:
1. To the greatest extent feasible, opportunities
for training and employment are given to low
income project area residents;
2. To the greatest extent feasible, contracts for
work in connection with the project will be
awarded to businesses located in or owned in
substantial part by persons residing in the
project area,
3. Certifying that parties to the contract are
under no obligation which would prevent them
from complying,
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RESOLUTION
No. 694
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4. Insuring that the contractor will send labor
organizations with which he has a collective
bargaining agreement, a notice stating his
commitments under this section and post this
notice in places available to employees,
5. Insuring that the contractor will include a
"Section III Clause" in every subcontract, and
6. Insuring that the contractor will not
subcontract with anyone that has previously
violated Section III requirements,
7. Obligate the contractor to provide a
preliminary statement of work force needs prior
to signing the contract,
8. Include Section III requirements in bid
invitations and contract specifications,
9. Cooperate with the Secretary of Housing and
Urban Development in obtaining compliance from
the recipient's contractors,
10. Submit to compliance reviews by H.U.D. when
necessary, and
11. Permit H.U.D. access to all required records,
accounts, reports, books, etc.
DEFINITIONS
1. SMALL BUSINESS. An independently owned and
operated business concern which employs twenty-
five (25) or fewer permanent full-time
employees, and which has a net worth of not
more than one million dollars as applicable to
sole proprietorships, the one million dollar
net worth requirement shall include both
personal and business investments.
2. MINORITY BUSINESS ENTERPRISES. Any small
business concern which is organized to engage
in commercial transactions, which is at least
fifty-one percent (51%) owned by minority
persons and whose management and daily
operations are controlled by such persons. A
minority business enterprise may primarily
involve the practice of a profession.
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RESOLUTION
No. 694
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3. CERTIFIED MINORITY BUSINESS ENTERPRISE. A
business enterprise which has been certified
by the State of Florida, Department of General
Services as a minority business enterprise in
accordance with the provision of the Small and
Minority Business Assistance Act of 1985.
ACTION PLAN
In that the City of Clermont will continuously seek to
administer programs funded in part or in total by allocations
directly or indirectly from the U.S. Department of Housing and
Urban Development, the City will be bound by the provisions of
Section III of the Housing and Urban Development Act of 1986, the
Equal Opportunity Act, Executive Order 11246, and the City's desire
to enhance the opportunities for small and minority businesses and
local businesses to participate in contracts with the City.
To accomplish this objective, the City Commission establishes
and implements the following steps to insure the deployment of
affirmative action in expenditures for contractual services,
commodities and construction contracts:
1. To utilize the news media, Chamber of Commerce,
State Department of General Services, local
advertising services, citizen advisory boards,
regional planning Councils, listings by federal
agencies, and other appropriate sources to
identify small and minority business concerns
for possible involvement with the City
contracts.
2. To maintain and update the listing of small and
minority business concerns and notify them of
contracting opportunities with the City.
3. To maintain records (copies of memoranda,
general correspondence, etc.) to document that
all steps in the action plan have been
followed.
4. To establish or utilize an existing position
to function as the Equal Opportunity Officer
to coordinate to implementation of the
Affirmative Action Plan with operators of city
administered or city funded projects and
programs.
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RESOLUTION
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DONE AND RESOLVED BY THE CIT~ COUNCIL OF THE CITY OF CLERMONT, LAKE
COUNTY, FLORIDA, THIS Z.3`' DAY OF , 1990.
CITY OF CLERMONT
Robert A. Pool, Mayo
Attest:
E. Zile, City Clerk
(SEAL)