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HomeMy WebLinkAboutP-0545 - A Non-Discrimination Policy for Agencies Receiving County Funds 12-04-2000POLICY FOR INSERTION INTO THE POLICY MANUAL MEETING DATE: 12/04/2000 NUlVlBER: P:0545 EFFECTIVE DATE: 12/04/2000 REVISIONS: POLICY: ANON-DISCRIMINATION POLICY FOR AGENCIES RECEIVING COUNTY FUNDS WHEREAS, in 1989 the Orange County Board of County Commissioners established the Orange County Human Relations Commission to among other things make certain that in Orange County the policies provided for in various federal rules, regulations, and laws prohibiting discrimination were carried out in a lawful manner; and WHEREAS, direct discrimination by federal, state, or local governments is prohibited by the Constitution and indirect discrimination through the use of public funding is equally undesirable; and WHEREAS, justice requires that public funds to which all taxpayers contribute, not be distributed in any way that encourages, subsidizes, or results in discrimination; and WHEREBY, any operation of a local publicly funded program in a discriminatory fashion defeats the legislative objectives of the Board; and WHEREAS, this edict reflects the values and beliefs of the residents of Orange County as shown by their commitment to the Orange County Civil Rights Ordinance; NOW THEREFORE, do we, the Orange County Board of Commissioners hereby enact a non-discrimination policy that prohibits County funds from being used either directly or indirectly to support agencies discriminating on the basis of race, color, gender, national origin, age, handicap, religion, sexual orientation, familial status, or veterans status. This, the 4th day of December 2000. ORANGE COUNTY • BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 4, 2000 Action Agenda Item No. 5-~ _SUBJECT: Non-discrimination Policy for Agencies Receivin County Funds DEPARTMENT: County Manager/Human PUBLIC HEARING: (Y/N) No Rights and Relations ATTACHMENT(S): • Resolution • Sample Performance Agreement INFORMATION CONTACT: Annette M. Moore, ext 2254 TELEPHONE NUMBERS: Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To consider approving a resolution that would implement anon-discrimination . policy for agencies receiving Orange County funds. BACKGROUND: The Board of County Commissioners has asked that the Manager, the Director of Human Rights and Relations, and the Chairs of both the Human Service Advisory Commission and the Human Relations Commission review the County's performance agreements with outside agencies to determine if anon-discrimination clause should be inserted into the agreement. The Manager met with the parties to review the current performance agreement as well as non-discrimination policies of other countios and cities that distribute funds to non-departmental agencies. The attached resolution is the result of the findings and discussion of the group. As a result of the meeting, the group recommended that anon-discrimination clause be inserted into performance agreements between Orange County and non-departmental agencies. Attached is a SAMPLE PERFORMANCE AGREEMENT, for your review. As a follow-up to Commissioner requests, the County Budget staff is currently reviewing other aspects of the performance agreement. Staff anticipates bringing this information to the Board early in the 2001-02 budget planning process. FINANCIAL IMPACT: There is no direct, immediate financial impact associated with the adoption of the proposed non-discrimination policy. • RECOMMENDATION: The Manager recommends that the Board approve the attached resolution. 2 • ORANGE COUNTY BOARD OF COMMISSIONERS A RESOLUTION ENACTING ANON-DISCRIMINATION POLICY FOR AGENCIES RECEIVING COUNTY FUNDS. WHEREAS, in 1989 the Orange County Board of County Commissioners established the Orange County Human Relations Commission to among other things make certain that in Orange County the policies provided for in various federal rules, regulations, and laws prohibiting discrimination were carried out in a lawful manner; and WHEREAS, direct discrimination by federal, state or local governments is prohibited by the Constitution and indirect discrimination through the use of public funding is equally undesirable; and WHEREAS, justice requires that public funds to which all taxpayers contribute, not be distributed in any way that encourages, subsidizes or results in discrimination; and WHERBY, any operation of a local publicly funded program in a discriminatory fashion defeats the legislative objectives of the Board; and WHEREAS, this edict reflects the values and beliefs of the residents of Orange County as shown by their commitment to the Orange County Civil Rights Ordinance; and • NOW therefore do we the Oran a Coun Board of Commi sion - g ty s ers hereby enact a non discrimination policy that prohibits county funds from being used either directly or indirectly to support agencies discriminating on the basis of race, color, sex, national origin, age, handicap, religion, sexual orientation, familial status or veterans status. This the 4~' day of December, 2000. C 3 • • • SAMPLE PERFORMANCE AGREEMENT (See italicized Clause 6. Non-Discrimination Policy for proposed change) North Carolina Orange County Performance Agreement This Agreement, made and entered into the first day of July 20XX, by and between the County of Orange, 208 South Cameron Street, Hillsborough, North Carolina, hereinafter referred to as "County," and (insert Agency's Name and address),; hereinafter referred to as "The Agency." WITNESSETH: WHEREAS, scholarships will be provided to 677 children of low to moderate income families living or working in Orange County at an average cost of $489 per month for an average of six months; and, WHEREAS, 85% of regulated child care providers will be listed with Child Care Services for the purpose of providing child care referrals that are user-friendly, complete and accurate; and WHEREAS, 70% of families who need child care to work or attend school are able to secure a child care placement as a result of `The Agency'; and WHEREAS, all families participating in the child care scholarship program will be made aware of the Earned Income Credit and child care tax credit options as appropriate; and WHEREAS, it is in .the interests of the County that said program be assisted by the County and thereby enhance its availability to residents of the County, and said program addresses an important community human services need, as identified by the County Board of Commissioners; NOW, THEREFORE, in consideration of the above and the mutual covenants and conditions hereafter set forth, the County and `The Agency agree as follows: I. County Support The County agrees to appropriate for the provision of those services, as described in Paragraphs 1 through 4, the sum of (dollar amount of approved funding) to `The Agency" for the fiscal year 20XX-XX. This appropriation is based upon service provided.. The County does not obligate itself to provide any other support to `The Agency" this fiscal year or in succeeding years. 4 • SAMPLE PERFORMANCE AGREEMENT (See italicized Clause 6. Non-Discrimination Policy for proposed change To the extent authorized by law, the recipient will hold the County harmless against any claim or. action for damages, injury, or death relating to use of these funds or acts of its employees or agents. 2. Payment and Documentation The appropriation shall be paid to `The Agency" in quarterly installments. Each installment will be for (dollar amount). 3. Semiannual Reports The `The Agency" will provide the County Manager with semi-annual reports including demographic information on Orange County, Chapel Hill, Carrboro and Hillsborough residents served. These reports will also include a budget breakdown showing expenditures of County appropriations. The reports shall include the amount of expenditures during the reporting time period and year-to-date amounts, the number of individuals receiving services during reporting time period and year-to-date numbers. Semi-annual reports will be due on January 15, 20XX and July 15, 20XX. In addition, `The Agency" agrees to allow the County to inspect its financial books and records upon reasonable notice during normal working- hours. 4. Termination for Cause In the event that `The Agency" shall cease to exist as an organization or shall enter bankruptcy proceedings, or be declared insolvent, or liquidate all or substantially all of its assets, or shall significantly reduce its services or accessibility to Orange County residents during the term of this Agreement, or in the event that `The Agency" shall fail to render a satisfactory accounting as provided herein, then and in that event the County may terminate this Agreement and `The Agency"will return all payments already made to it by the County for services which have not been provided or for which no satisfactory accounting has been rendered. Notwithstanding the foregoing, either party may terminate the agreement at any time without penalty; provided that written notice of such termination is furnished to the other party at least 30 days prior to termination. In the event of such termination, any payment due shall be pro rated to the date of termination. 5. Fund Balance Should `The Agency" end the 20XX-XX fiscal year with a fund balance (excess of revenues over expenditures), the County's pro rata share of those funds may be retained for the subsequent year for the purposes which they were originally appropriated by the County and in such event this Agreemen# shall be deemed a continuing and binding • Agreement, as herein amended, by and through the completion of the program in such subsequent fiscal year and `The Agency" shall, by retaining such funds, be obligated to conduct and complete such program in the subsequent fiscal year. However, SAMPLE PERFORMANCE AGREEMENT (See italicized Clause 6. Non-Discrimination Policy for proposed change if `The Agency" determines that it shall not operate the program or one similar and acceptable to the County during the subsequent year, `The Agency" shall so notify the County in writing by May 30, 20XX, and `The Agency" shall refund to the County the County's pro rata share of the fund balance. Said pro rata share due to the County shall be the same as the ratio of the County's payment(s) to overall. revenues of the program. 6. Non-Discrimination Clause The SERVICE PROVIDER agrees as part of the consideration of the granting of funds by Orange County, for themselves, their agents, officials, employees and servants agree not to discriminafe in any manner on the basis of race, color, sex, national origin, age, handicap, religion, sexual orientation, familial status or veterans status wifh reference to any activities carried out by the grantee. The parties hereto further agree in all respects to conform to the provision and intent of Orange County Civil Rights Oralinance. This provision is enforceable by action for specific performance, injunctive relief, or other remedy as by law provided. The provisions of this agreement shall be binding on the grantees, (heir successors and assigns of the grantees. • IN WITNESS WHEREOF, the parties hereunto cause this Agreement to be executed in heir respective names. This the first day of July 20XX. Orange County By: County Manager Attest: Clerk to the Board of Commissioners `The Agency" By: Executive Director This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. • Finance Director 5