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HomeMy WebLinkAboutAgenda - 12-13-2022; 6-a - Consideration of Food Council Memorandum of Understanding Renewal 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 13, 2022 Action Agenda Item No. 6-a SUBJECT: Consideration of Food Council Memorandum of Understanding Renewal DEPARTMENT: County Manager ATTACHMENT(S): INFORMATION CONTACT: Travis Myren, 919-245-2308 Original MOU (2019) Redlined MOU (2022) PURPOSE: To consider renewing the Memorandum of Understanding (MOU) for the Orange County Food Council as proposed by the Food Council's Executive Committee and to consider incorporating recommendations received from the Town of Hillsborough and the Town of Carrboro. BACKGROUND: In 2019, Orange County, Chapel Hill, Hillsborough, and Carrboro began a process to jointly fund a full-time staff position for the Orange County Food Council. The original Memorandum of Understanding (MOU) was signed by all parties in early 2019, and the Food Council Coordinator was hired in July 2019. The existing MOU was meant to be reviewed after two years. The Food Council's Executive Committee, which is comprised of an elected official from each of the participating jurisdictions, is recommending a renewal of the MOU with clarifying updates to the agreement. Staff submitted a request to each jurisdiction to provide an annual presentation and a report for the MOU renewal. Each jurisdiction has received the redlined MOU and annual report materials. The BOCC discussed this topic at its November 10, 2022 work session. The Towns of Hillsborough and Carrboro received presentations from staff in August and October. The following recommendations were provided by Hillsborough and Carrboro: Hillsborough Recommendation 1) In Section B (c), change the final line to, "contribute to the dismantling of systemic racism." Carrboro Recommendations 1) Include a clause stating: a. The County will serve as the administrative and fiscal agent for the Food Council b. An annual report be required to be provided to all jurisdictions 2 c. The line item budget must be submitted to the jurisdictions with the annual report. 2) Add the word "collaboration" in the third paragraph of the MOU after "facilitate communication." The Town of Chapel Hill has not scheduled the Food Council MOU renewal for discussion. FINANCIAL IMPACT: The County's portion of the Food Council Coordinator's annual salary and benefits is $28,501. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal impact associated with this item. RECOMMENDATION(S): The Manager recommends that the Board consider renewing the Memorandum of Understanding (MOU) for the Orange County Food Council as proposed by the Food Council's Executive Committee and also consider incorporating recommendations received from the Town of Hillsborough and the Town of Carrboro. 3 Memorandum of Understanding between Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough: Orange County Food Council Whereas, since July 1, 2015, the Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Board of Aldermen, and Hillsborough Board of Commissioners have provided financial support to the Orange County Food Council. Whereas, the Orange County Food Council will provide advice and recommendations to the four jurisdictions on issues related to the county community food system and also facilitate communication between community groups, committees, commissions, and other boards whose work supports a thriving local farm economy, access to healthy food, food related economic development, strong communities, sustainable. ecosystems, and healthy people. Whereas, the parties to this Memorandum understand the value of this work to each jurisdiction and accordingly intend to continue to fund and support it. Whereas, the Orange County Food Council Executive Committee consists of elected representatives appointed from each of the above governmental partners as well as the Chair of the Food Council, charged with providing oversight of the Food Council Coordinator. Whereas, the Orange County Food Council consists of a 16-member council including elected representatives appointed from each of the above governmental partners and a cross-section of community members, food access and food provider representation, charged with providing direction for the council's work, and the parties to this Memorandum intend for the 16-member food council to continue to perform this role, and Whereas, the parties to this Memorandum intend to provide funding to support a Food Council Coordinator, whose responsibilities have been outlined in a Job Description and the parties to this Memorandum hereby clarify the roles and responsibilities of each body as it:relates to feuding and oversight. A. The Executive Committee will: 1. Provide ongoing supervision of the Coordinator through the County Manager by: i. Conducting joint annual performance reviews of the Coordinator with the County Manager, after gathering input from the Chair of the Food Council and others,as appropriate; ii. Approving an annual work plan for the Coordinator based on the goals of the Plan, subject to final approval by the County Manager; iii. Meeting with and reviewing the work plan with the Coordinator and the County Manager quarterly; 4 iv. Participating in interviews for the hiring of the Coordinator; v. Making recommendations to the County Manager regarding performance concerns related to the Coordinator. 2. Operate its program on the same fiscal year as that operated by the Towns and County. 3. Not have supervisory authority over any Town or County staff who may be assigned to provide assistance to the Food Council or Executive Committee. 4. Meet quarterly, with staff support, to review progress under the annual work . plan. B. The 16-member Food Council will: 1. Convene stakeholders to build strategic partnerships across all sectors, identify issues, 2. Conduct research, and educate the community on the Orange County food system, 3. Promote sustainable agriculture, increase economic development, and advance social justice, 4. Develop strategies, and advise on, policy recommendations to encourage the growth of a robust community food system and a healthier population. C. Towns and County will: 1. Appoint an elected representative to serve as liaison between the governmental jurisdiction and the Orange County Food Council. The appointed representative will serve on the Executive Committee. 2. Provide office space and supplies for the use of the Coordinator. 3. Provide staff assistance as needed to support the Coordinator and Orange County Food Council members and workgroup members subject to the County Manager's direction. 4. Provide an annual appointment from the elected governing bodies to the OCFC. S. Assist with the annual implementation efforts of food council and workgroup priorities. 6. Continue to support the Orange County Food Council. 7. The amount of funding to be provided by each partner will be determined by utilizing a population-based formula based on the latest Census data. Based upon the 2010 Census data,the percentage contributions are as follows: 2 5 • Orange County 39% • Town of Chapel Hill 41% • Town of Carrboro 15% • Town of Hillsborough 5% 8. Receive an annual report from Orange County Food Council. 9. Not be required or expected to continue funding the Coordinator position should the funding not be available through any one or more of the other partners. 10. Not require or suggest the Orange County Food Council or its Coordinator perform work on goals that are not in her/his work plan for the foot/council. This Memorandum will remain in effect for two years from the date of its adoption by all Parties. The Memorandum may be renewed for up to five additional two-year terms. Amy Party hereto may withdraw from the Memorandum by providing written notice to every other Party at least 12 months prior to the start of the fiscal year in which the Party wishes to withdraw. If a Party chooses to withdraw all Parties will assist the Food Council in pursuing 501(c)(3)non-profit status. [SIGNATURES TO FOLLOW] 3 6 Wherefore the Parties hereto have set their hands and seals on the day and dates recorded below. E COUNTY 5z y Rich, C 'r �= ST STATE OF NORTH CAROLINA ORANGE COUNTY I,the undersigned Notary Public of the County and State aforesaid, do hereby certify that -pen n 4- 6•^Ba"-r , personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my haW,Qq,official stamp or seal this 1 1�h day of J , 2d I�1 . YZ 49 VkaTAR? LrN y Public (Notary Seal)pU��,G My commission expires: a o 1,2 va 3 4 7 TOWN OF CHAPEL HILL Pam Hemminger, Mayor 1 err ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that r+N�4't. aL+v— personally came before me this day and acknowledged that he-she is the Town Clerk for the Town of Chapel Hill, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by the Mayor of the Town of Chapel Hill, NC and attested by her as Town Cleric for the Town of Chapel Hill,NC. Witness my hand and official stamp or seal this 17 day of jvge ?p 19 AN Nip ry Public (NIotary Scl #OU456 z �0 U00 ise My commission e I Zo 0 5 8 TOWN OF CARRBCRC Lydia Lavelle, Mayor "TES STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that C.ajt,�ntri4_e ip�o rA,1 L , personally came before me this day and acknowledged that she is the Town Clerk for the Town of Carrboro, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by the Mayor of the Town of Carrboro, NC and attested by her as Town Clerk for the Town of Carrboro,NC. Witness my hand and official stamp or seal this 3"P day of ,20L!� . Notary Pu c AMAnrPA- L. 57-1 PE (Notary Seal) - -- --- - _ -_- 1ANDA.t_ My commission expires: +i7e t L- Lf ?•fl z.7- 6 g TOWN OF HILL ORDUGH "Tom Steven ay ATT ST STATE OF NORTH CAROLINA ORANGE COUNTY 1, the undersigned Notary Public of the County and State aforesaid, do hereby certify that `�'V-ur t- M. daffAex , personally came before me this day and acknowledged that she is the Town Ckik for the Town of Hillsborough, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its naive by the Mayor of the Town of Hillsborough, NC and attested by her as Town Clerk for the Town of Hillsborough,NC. Witness my hand and official stamp or seal this rr day of AC 01 ,20 A1t����Ir a Notary Public is0f!expires: 01 - CM 7 10 Memorandum of Understanding between Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough: Orange County Food Council THIS MEMORANDUM OF AGREEMENT ("Agreement"), made and entered into this day of , 20_ between Towns of Carrboro, Chapel Hill, and Hillsborough, North Carolina municipal corporations situated in Orange County, North Carolina (hereinafter referred to individually as the "Town" and jointly as "Towns"); and Orange County, a political subdivision of the State of North Carolina (hereinafter referred to as the "County"), for the provision of funding for a Food Council Coordinator. (County and Towns may be referred to collectively as the "Parties") Whereas, since July 1, 2015, the Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Town Council, and Hillsborough Board of Commissioners have provided financial support to the Orange County Food Council. Whereas, the Orange County Food Council will provide advice and recommendations to the four jurisdictions on issues related to the county community food system and also facilitate communication between community groups, committees, commissions, and other boards, whose work supports a thriving local farm economy, access to healthy food, food related economic development, strong communities, sustainable ecosystems, and healthy people. Whereas, the Parties to this Agreement understand the value of this work to each jurisdiction and accordingly intend to continue to fund and support it. Whereas, the Orange County Food Council Executive Committee consists of elected representatives appointed from each of the above governmental partners as well as the Co- �ChairS[aH11 of the Food Council, charged with providing oversight of the Food Council Coordinator. Whereas, the Orange County Food Council consists of a 1136-member council including elected representatives appointed from each of the above governmental partners and a cross-section of community members, food access and food provider representation, charged with providing direction for the council's work, and the Parties to this Agreement intend for the 1116-member Food Council to continue to perform this role, and Whereas, the Parties to this Agreement intend to provide funding support to a Food Council Coordinator, whose responsibilities have been outlined in a Job Description and the Parties to this Agreement hereby clarify the roles and responsibilities of each body as it relates to funding and oversight. A. The Executive Committee will 11 1. Provide ongoing guidance of the Coordinator with all decisions about the Coordinator's work subject to final approval by the County Manager. The Executive Committee will provide this guidance by: a. Conducting joint annual performance reviews of the Coordinator with the County Manager, after gathering input from the Co-chairs of the Food Council and others, as appropriate; b. Approving an annual work plan for the Coordinator based on the goals of the Plan, subject to final approval by the County Manager; c. Meeting with and reviewing the work plan with the Coordinator and the County Manager quarterly; d. Participating in interviews for the hiring of the Coordinator; e. Making recommendations to the County Manager regarding performance concerns related to the Coordinator. 2. Operate its program on the same fiscal year as that operated by the Towns and County 3. Not have supervisory authority over any Town or County staff who may be assigned to provide assistance to the Food Council or Executive Committee 4. Meet quarterly, with staff support, to review progress under the annual work plan. B. The , J-membe6AHziFood Council will: a. Convene stakeholders to build strategic partnerships across all sectors, identify issues, b. Conduct research, and educate the community on the Orange County food system, c. Promote sustainable agriculture, increase economic development, and advance social justice, [AH31an4[AH4i dismantle systemic racism, d. Develop strategies, and advise on policy recommendations to encourage the growth of a robust community food system and a healthier population. C. Towns and County will: a. Appoint an elected representative to serve as liaison between the governmental jurisdiction and the Orange County Food Council. The appointed representative will serve on the Executive Committee. b. Provide office space and supplies for the use of the Coordinator. c. Provide staff assistance as needed to support the Coordinator and Orange County Food Council members and workgroup members subject to the County Manager's direction. d. Provide an annual appointment from the elected governing bodies to the Orange County Food Council. e. Assist with the annual implementation efforts of the Food Council and workgroup priorities. f. Continue to support the Orange County Food Council. 12 g. The amount of funding to be provided by each partner will be determined by utilizing a population-based formula based on the latest Census data. Based upon the 2020 Census data[AHS], the percentage contributions are as follows: • Orange County 39% • Town of Chapel Hill 41% • Town of Carrboro 14§% • Town of Hillsborough 615 h. Receive an annual report from Orange County Food Council. i. Not be required or expected to continue funding the Coordinator position should the funding not be available through any one or more of the other partners. j. Not require or suggest the Orange County Food Council or its Coordinator perform work on goals that are not in her/his work plan for the Food Council. D. Invoicing and Payment: a. The Coordinator will submit annual invoices on behalf of the County to each Party by April 1st and payment will be due by June 30th each year. Failure to pay the agreed upon amount (see section C. g.) will be considered a breach of this Agreement. This Agreement will remain in effect for five years I[AH6]from the date of its adoption by all Parties. The Agreement may be renewed for up to five additional five-year terms. Any Party hereto may withdraw from the Agreement by providing written notice to every other Party at least 12 months prior to the start of the fiscal year in which the Party wishes to withdraw. [SIGNATURES TO FOLLOW]