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ORDINANCE REQUIRING CERTAIN ENTITIES CONTRACTING WITH THE COUNTY DEMONSTRATE THAT THEIR EMPLOYMENT AND PROCUREMENT PRACTICES DO NOT DISCRIMINATE AGAINST MINORITIES AND WOMEN; PROVIDING REBUTTABLE PRESUMPTION THAT CORPORATIONS WHOSE BOARD OF DIRECTORS ARE REPRESENTATIVE OF THE MAKE-UP OF THE POPULATION OF THE NATION HAVE NON-DISCRIMINATORY EMPLOYMENT AND PROCUREMENT POLICIES; PROVIDING FOR WAIVER IN CERTAIN INSTANCES; AND PROVIDING SEVERABILITY, INCLUSION IN CODE AND EFFECTIVE DATE

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WHEREAS, entities with annual gross revenues in excess of $5,000,000 have substantial workforces and purchase substantial amounts of goods and services; and
WHEREAS, discriminatory practices by such entities against minorities and women and against businesses owned by minorities and women can have substantial injurious impact; and
WHEREAS, this Board wishes to assure that any such entities contracting with Miami-Dade County do not discriminate in their employment, promotional and procurement practices
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. That the Code of Miami-Dade County, Florida shall be amended by adding the following new section:1

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>>Sec. 2-8.1.5. Non-discrimination.
Entities with annual gross revenues in excess of $5,000,000 seeking to contract with the County shall, as a condition of receiving a county contract, have: i) a written affirmative action plan which sets forth the procedures the entity utilizes to assure that it does not discriminate in its employment and promotion practices; and, ii) a written procurement policy which sets forth the procedures the entity utilizes to assure that it does not discriminate against minority- and women-owned businesses in its own procurement of goods, supplies and services. Such affirmative action plans and procurement policies shall provide for periodic review to determine their effectiveness in assuring the entity does not discriminate in its employment, promotion and procurement practices. The foregoing notwithstanding, corporate entities whose boards of directors are representative of the population make-up of the nation shall be presumed to have non-discriminatory employment and procurement policies, and shall not be required to have written affirmative action plans and procurement policies in order to receive a county contract. The foregoing presumption may be rebutted.

The requirements of this section may be waived upon written recommendation of the County Manager that it is in the best interests of the County to do so and approval of the County Commission by majority vote of the members present.<<

Section 2. If any section, subsection, sentence, or clause of this ordinance is held invalid, the remainder of this ordinance shall not be affected thereby.

Section 3. This ordinance does not contain a sunset provision.
Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Miami-Dade County, Florida. The section of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," or "article," or other appropriate word.

Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.


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