R-2014-22 CITY OF CLERMONT
RESOLUTION NO. 2014-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA READOPTING AND
RESTATING A POLICY RELATING TO THE EMPLOYMENT OF SMALL
AND WOMEN AND MINORITY BUSINESSES FOR USE IN
ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS;
READOPTING AND RESTATING A POLICY RELATING TO THE
EMPLOYMENT OF MINORITIES BY THE CITY OF CLERMONT;
PROVIDING DEFINITIONS, DEFINING AN ACTION PLAN, CONFLICT
AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Clermont desires to continue its
established policy of supporting small and minority businesses; and
WHEREAS, the City Council of the City of Clermont continues to recognize an
opportunity to affirmatively support small, women 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 desires to continue its efforts to
bring the percentage of minorities employed by the City more closely in line with its
percentage of minorities who live in the City; and
WHEREAS, the City Council of the City of Clermont recognize the need to readopt
and restate its action plan to implement such goals.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Clermont, Lake County, Florida as follows:
Section 1. Policy Relating to the Employment of Small and Minority Businesses.
It shall be the policy of the City of Clermont when soliciting for projects that involve
Community Development Block Grant federal funding to require each department, agency,
entity, or agent of the City to promote and assist small, women and minority business
enterprises in gaining entry to do business with Clermont. By assisting small, women and
minority business enterprises, the City will help to expand and develop the small and minority
section in and around Clermont.
For projects assisted by programs providing direct financial assistance from the U.S.
Department of Housing and Urban Development(hereinafter"HUD"), 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 in the
administration of Community Development Block Grant programs, which requires:
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a. To the greatest extent feasible, opportunities for training and employment are given
to low income project area residents;
b. To the greatest extent feasible, contract 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;
c. Certifying that parties to the contracts are under no obligation, which would prevent
them from complying;
d. Insuring that the contractor will send labor organizations with which he or she has
had a collective bargaining agreement a notice stating his or her commitments under
this section and post this notice in places available to employees;
e. Insuring that the contractor will include a"Section III Clause"in every subcontract;
f. Insuring that the contractor will not subcontract with anyone that has previously
violated"Section III"requirements;
g. Obligate the contractor to provide a preliminary statement of work force needs prior
to signing the contract;
h. Include "Section III" requirements in Community Development Block Grant bid
invitations and contract specifications;
i. Cooperate with the Secretary of Housing And Urban Development in obtaining
compliance from the recipient of the grant's contractors;
j. Submit to compliance reviews by the HUD when necessary; and,
k. Permit HUD access to all required records, accounts,reports,books, etc.
It is understood however, that while every opportunity will be afforded to small and minority
businesses to enable them to bid on The City of Clermont's Community Development Block
Grant federally funded projects, contracts will continue to be awarded to the lowest responsive
bidder.
Section 2. Policy Relating to the Employment of Minorities by The City of Clermont.
It shall be the goal of the City Council of the City of Clermont to attempt to increase the
percentage of minority City employees at the rate of 0.1 percent of the City's total employee
base per year until the percentage of minority City employees is equal to the percentage of the
City's minority population.
The City of Clermont is an equal opportunity employer. No person is unlawfully excluded
from consideration for employment because of race, creed, color, religion, national origin,
ancestry, sex, age, veteran status, familial status,handicap or genetics.
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The City will attempt to attain the goal by doing the following:
a. The City will advertise every open position in a newspaper of general circulation
within the City, or such other means of publication designed to notify the general
public of job opportunities, prior to filling the open position when the position has
not already been filled through existing procedures or policies providing for
promotion from within and from Job Service applicants.
b. Stating in every advertisement or notice of publication that the City is an "Equal
Opportunity Employer" and does not discriminate in its hiring practice.
While the City of Clermont will attempt to attain the minority employment goal stated herein
the following is understood:
a. The City of Clermont will attempt to hire the best qualified person for each
available position,regardless of race.
b. The goal set forth herein, is only that and the City accepts no liability if the goal
stated herein is not reached.
Section 3. Definitions.
a. Small Business Enterprises - 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.
b. Women Business Enterprises - A women-owned business enterprise is a small
business that is at least 51% owned by one or more women. In the case of publicly
owned businesses, at least 51% of the stock is owned by one or more women and
the management and daily operations of the business are controlled by one or more
women.
c. Minority Business Enterprises - Any small business concern which is organized to
engage in commercial transaction, which is at least fifty-one (51) percent owned by
minority persons and whose management and daily operations are controlled by
such person. A minority business enterprise may primarily involve the practice of a
profession.
d. Certified Minority Business Enterprises - A business enterprise which has been
certified by the State of Florida Department of General Services to be a minority
business enterprise in accordance with the provision of the Small and Minority
Business Assistance Act of 1985.
e. Minority Person - A person whose race is Black, American Indian, Alaskan Native,
Asian, Pacific Islander, or Hispanic.
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Section 4. 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, women and minority business enterprises and
local businesses to participate in contracts with the City.
To accomplish this objective, the City Council of the City of Clermont, Florida, establishes and
implements the following steps to facilitate the deployment of affirmative action in
expenditures for contractual services, commodities and construction contracts on Community
Development Block Grant federally funded projects:
a. To utilize the news media, State Department of General Services list of small or
minority business concerns, local advertising services, citizen's advisory boards,
regional planning Councils, listings by federal agencies, and other appropriate sources
to identify small, women and minority business enterprises concerns for possible
involvement with the City's Community Development Block Grant federally funded
contracts.
b. Through use of the City's purchasing management software system, maintain and
update the listing of small, women and minority business enterprises concerns and
notify them of Community Development Block Grant federally funded contracting
opportunities with the City.
c. Divide total requirements, when economically feasible and in accordance with public
procurement regulations, into smaller tasks or quantities to permit maximum
participation by small, women and minority business enterprises concerns and women's
business enterprises.
d. To maintain records; copies of memoranda, general correspondence, and so forth, to
document that all steps in the action plan have been followed.
e. Require prime contractors, if subcontractors are to be let, to take the affirmative action
steps listed above; and
f. To establish or utilize an existing position to function as the equal opportunity officer to
coordinate the implementation of the Affirmative Action Plan with operators of
Community Development Block Grant federally funded City administered projects and
programs.
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Section 5. Conflict.
Any resolution or policy previously adopted by the City Council and in conflict herewith is
hereby repealed to the extent of the conflict.
Section 6. Effective Date.
This resolution shall take effect immediately upon its adoption.
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DONE AND RESOLVED by the City Council of the City of Clermont, Lake County,
'f ', `'? Florida, on this 22°a day of July, 2014.
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CITY OF CLERMONT
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�� °� S. Turville,Jr., Mayor
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Tracy Ackroyd, City Clerk
Approved as to form and legality:
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