Resolution - CDBG PURCHASING AND ETHICS

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RESOLUTION 2006 – XX
A RESOLUTION OF THE CITY COUNCIL OF PALM COAST,
FLORIDA ADOPTING A POLICY RELATING TO THE
PROCURING BUSINESS WITH SMALL AND MINORITY
BUSINESSES IN THE COURSE OF THE CITY’S COMMUNICTY
DEVELOPMENT BLOCK GRANT (CDBG) PROGRAMS;
ADOPTING A POLICY RELATING TO GOVERMENTAL ETHICS
IN THE CITY’ CDBG PROGRAM; PROVIDING FOR
ADMINISTRATIVE ACTIONS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Palm Coast desires to establish
a policy supporting the City engaging in business with small and minority
businesses in the course of implementing its activities within the City’s
Community Development Block Grant programs, and,
WHEREAS, the City Council of the City of Palm Coast desires to ensure
high ethical conduct in the course of implementing its activities within the City’s
Community Development Block Grant programs;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PALM COAST, FLORIDA, AS FOLLOWS:
SECTION 1. POLICY RELATING TO DOING BUSINESS WITH SMALL
AND MINORITY BUSINESSES.
(a)
It shall be the policy of the City Council of the City of Palm Coast,
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 and minority businesses in gaining entry to do
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business with the City by encouraging small and minority businesses to solicit
business with the City as a vendor.
(b).
Small business means 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.
(c).
Minority business enterprise means any small business concern
which is organized to engage in commercial transaction, which is at least fiftyone (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 enterprise means 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.
(e).
Minority person means a person whose race is Black, American
Indian, Alaskan Native, Asian, Pacific Islander, or Hispanic.
SECTION 2. POLICY RELATING TO GOVERNMENTAL ETHICS.
(a).
It shall be the policy of the City Council of the City of Palm Coast to
rigidly apply and enforce the Code of Ethics for Public Officers and Employees as
set forth in Part III, Chapter 112, Florida Statutes, with regard to all matters
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pertaining to the City’s activities involving Community Development Block Grant
Federal funding.
(b).
to
It shall be the policy of the City Council of the City of Palm Coast
rigidly apply and enforce the City’s Personnel Policies and the Code of
Conduct set forth therein as to the City’s activities involving Community
Development Block Grant Federal funding.
SECTION 3.
ADMINISTRATIVE ACTIONS. The City Manager is hereby
authorized to take any and all actions that are deemed necessary and
appropriate to implement the provisions of this Resolution.
SECTION 4. SEVERABILITY.
If any section, sentence, phrase, word
or portion of this Resolution is determined to be invalid, unlawful or
unconstitutional, said determination shall not be held to invalidate or impair the
validity, force or effect of any other section, sentence, phrase, word or portion of
this
Resolution
not
otherwise
determined
to
be
invalid,
unlawful
or
unconstitutional.
SECTION 5. CONFLICTS. All resolutions or part of resolutions in conflict
with this Resolution are hereby repealed.
SECTION 6.
EFFECTIVE DATE.
This Resolution shall take effect
immediately upon its adoption.
PASSED and ADOPTED at the meeting of the City Council of the City of
Palm Coast on the __ day of July, 2006.
ATTEST:
CITY OF PALM COAST
COUNCIL
FLAGLER COUNTY, FLORIDA
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CITY
Clare M. Hoeni, City Clerk
_______________________________
James V. Canfield, Mayor
APPROVED AS TO
FORM
AND LEGALITY:
/s/ William L. Colbert
William L. Colbert, City Attorney
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