2020-R-02 - Affirmative Action & Equal Opportunity 4
RESOLUTION 2020-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF
SMALL, WOMEN OWNED AND MINORITY BUSINESSES FOR USE IN
ADMINISTERING COMMUNITY DEVELOPMENT BLOCK GRANTS;
ADOPTING A POLICY RELATING TO THE EMPLOYMENT OF MINORITIES BY
THE CITY OF EDGEWATER; PROVIDING DEFINITIONS; DEFINING AN
ACTION PLAN;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Edgewater desires to establish a policy
supporting small,women owned and minority businesses,and
WHEREAS, the City Council of the City of Edgewater recognizes an opportunity to
affirmatively support small, women owned and minority business in those programs directly funded
by the U.S. Department of Housing and Urban Development; and
WHEREAS, the of City Council of the City of Edgewater desires 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 Edgewater recognize the need to adopt an action
plan to implement such goals; and
WHEREAS, the City Council of the City of Edgewater recognizes the City as an Equal
Employment Opportunity Employer;
NOW THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF
EDGEWATER,FLORIDA,AS FOLLOWS:
I. Policy Relating to the Employment of Small, Women Owned and Minority Businesses.
It shall be the policy of the City Council of the City of Edgewater 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 owned
and minority businesses in gaining entry to do business with the City of Edgewater. By
assisting small, women owned and minority businesses, the City will help to expand and
develop the small,women owned and minority section in and around the City of Edgewater.
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:
I. To the greatest extent feasible, opportunities for training and employment are given
to low income project area residents;
1
#2020-R-02
2. 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;
3. Certifying that parties to the contracts are under no obligation, which would prevent
them from complying;
4. 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;
5. Insuring that the contractor will include a"Section III Clause" in every subcontract;
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 Community Development Block Grant bid
invitations and contract specifications;
9. Cooperate with the Secretary of Housing And Urban Development in obtaining
compliance from the recipient of the grant's contractors;
10. Submit to compliance reviews by the HUD when necessary; and
11. 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 Edgewater's Community Development Block
Grant federally funded projects, contracts will continue to be awarded to the lowest or best
responsible bidder.
II Policy Relating to the Employment of Minorities by the City of Edgewater.
It shall be the goal of the City Council of the City of Edgewater 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 that of the minority
City population.
The City of Edgewater is an equal opportunity employer. No person shall be unlawfully
excluded from consideration for employment because of race, creed, color, religion, national
origin, ancestry, sex, age, veteran status, familial status, handicap or genetics.
The City will attempt to attain the goal by doing the following:
1. The City will advertise every open position in a newspaper of general
2
#2020-R-02
circulation within the City 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.
2. Stating in every advertisement that the City is an equal opportunity employer and
does not discriminate in its hiring practice.
While the City of Edgewater will attempt to attain the minority employment goal stated
herein the following is understood:
1. The City of Edgewater will attempt to hire the best qualified person for each available
position,regardless of race.
2. While the City of Edgewater will attempt to attain the employment goal set forth
herein;the goal is only that and the City accepts no liability if the goal stated herein is
notreached.
III. 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. WOMEN BUSINESS ENTERPRISES-Any small business concern which is
organized to engage in commercial transaction, which is at least fifty-one (5 1)
percent owned by women and whose management and daily operations are controlled
by such person. A minority business enterprise may primarily involve the practice of
a profession.
3. MINORITY BUSINESS ENTERPRISES-Any small business concern which is
organized to engage in commercial transaction, which is at least fifty-one (5 1)
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.
` 4. CERTIFIED MINORITY BUSINESS ENTERPRISES-A business enterprise which
has been certified by the State of Florida to be a minority business enterprise in
accordance with the provision of the Small and Minority Business Assistance Act of
1985.
5. MINORITY PERSON-A person whose race is Black, American Indian, Alaskan
Native,Asian or Pacific Islander.
IV. Action Plan.
In that the City of Edgewater 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
3
#2020-R-02
Development, the City desires to enhance the opportunities for small and minority businesses
and local businesses to participate in Community Development Block Grants with the City.
To accomplish this objective, the City Council of the City of Edgewater, 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:
1. To utilize the news media, State Department of General Services' list of small,
women owned or minority business concerns, local advertising services, citizen's
advisory boards, regional planning Board of City Councilors, listings by federal
agencies, and other appropriate sources to identify small,women owned and minority
business concerns for possible involvement with the City Community Development
Block Grant federally funded contracts.
2. To maintain and update the listing of small, women owned and minority business
concerns and notify them of Community Development Block Grant federally funded
contracting opportunities with the City.
3. To provide the prime contractor with a list of small, women owned or minority
business concerns and require utilization in obtaining subcontractors for the City's
Community Development Block Grant federally funded contracts.
4. To maintain records (copies of memoranda, general correspondence, etc.) to
document that all steps in the action plan have been followed.
5. 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.
V. Effective Date.
This resolution shall take effect immediately upon u its adoption.
p
4
#2020-R-02
During the April 6, 2020 Council Meeting under Item 5 - APPROVAL OR
CHANGES/MODIFICATIONS TO THE AGENDA, a Motion by Councilwoman Power with
Second by Councilwoman Yaney was made to continue this public hearing to a date and time
certain of May 4, 2020 at 6:00 pm. The vote on the first reading of this resolution on April 6,
2020 was as follows:
AYE NAY
Mayor Mike Thomas EXCUSED
Councilwoman Christine Power X
Councilwoman Kimberly Yaney X
Councilwoman Megan O'Keefe X
Councilman Gary Conroy X
Due to the continuing "State of Emergency" situation and since Resolutions do not need to
be advertised,this has been placed on the June 1st Council Agenda.
After Motion to approve by da--n -c.l L 2r,, tbLA,,gr with Second by
the vote on this resolution was as follows:
AYE NAY
Mayor Mike Thomas
Councilwoman Christine Power
Councilwoman Kimberly Yaney \�
Councilwoman Megan O'Keefe _
Councilman Gary Conroy
5
#2020-R-02
y
PASSED AND DULY ADOPTED this 1 st day of June,2020.
ATTEST: CITY COUNCIL OF THE
FLORIDA
CITY OF EDGEWATER,
- ,
Robin L.Matusick,CMC `c, Mik omas
City Clerk/Paralegal \ Ma
For the use and reliance only by the City of Edgewater, Approved by the City Council of the City of
Florida. Approved as to form and legality by: Edgewater at a meeting held on this 1st ay of
Aaron R.Wolfe,Esquire June,2020 under Agenda Item No.8
City Attorney
Doran, Sims, Wolfe, Ciocchetti &
Yoon
6
#2020-R-02