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1994-06 Affirmative Action Plan Employ & Businesses• • RESOLUTION # 94-6 A RESOLUTION ADOPTING AN AFFIRMATIVE ACTION PLAN; SETTING FORTH POLICIES; PROVIDING DEFINITIONS; DEFINING AN ACTION PLAN. WHEREAS, the City Council of the City of Okeechobee desires to establish a policy supporting small and minority businesses, and WHEREAS, the City Council of the City of Okeechobee 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 Okeechobee 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 Okeechobee 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 OKEECHOBEE, FLORIDA, THE FOLLOWING POLICY: POLICY RELATING TO THE EMPLOYMENT OF SMALL AND MINORITY BUSINESSES It shall be the policy of the City of Okeechobee 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 Okeechobee. By assisting small and minority businesses, the City will help to expand and develop the small and minority business section in and around the City of Okeechobee. For projects assisted by programs providing direct financial assistance from the U.S. Department of Housing and Urban Development (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, which requires: 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, contract for work in connection with the project will be awarded to CITY OF OKEECHOBEE RESOLUTION —#-94-6 PAGE TWO (2) 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, 4. Insuring that the contractor will send labor organizations with which he has had 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 HUD when necessary; and 11. Permit HUD access to all required records, accounts, reports, books, etc. POLICY RELATING TO THE EMPLOYMENT OF MINORITIES BY THE CITY OF OKEECHOBEE It shall be the policy of the City of Okeechobee to attempt to increase the percentage of minority city employbes at the rate of one percent (1%) of the cities total employee base, per year until the percentage of minority city employees is equal to that of the minority city population. • CITY OF OKEECHOBEE RESOLUTION _# 94-6 PAGE THREE (3) The City will attempt to attain the goal by doing the following: 1. Advertising every open position in a newspaper of general circulation within the community prior to filling the vacant position. 2. Stating in every advertisement that the City is an equal opportunity employer and does not discriminate in its hiring practice. 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 (51) percent 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. 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. 4. MINORITY PERSON - A person whose race is Black, American Indian, Alaskan Native, Asian, Pacific Islander, or Hispanic. CITY OF OKEECHOBEE RESOLUTION _# 94-6 PAGE FOUR (4) ACTION PLAN In that the City of Okeechobee 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 Council establishes and implements the following steps to insure the deployment of affirmative action in expenditures for contractural 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 the implementation of the Affirmative Action Plan with operators of City administered or City funded projects and programs. • CITY OF OKEECHOBEE RESOLUTION _# 94-6 PAGE FIVE (5) THIS RESOLUTION passed this 15thday of February , 19 94 CITY O OKEECHOBEE, LORIDA Oes Kirk, Mayor `.ATTEST: Bennie S. Thomas, CMC, City Clerk •