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 1 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 2 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 3 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 4