ADOPTED - DECEMBER 10, 2002
Agenda Item No. 11
Introduced by the Administrative Services/Personnel and Finance Committees of the:
RESOLUTION REQUIRING COUNTY VENDORS TO CONFORM TO THE INGHAM COUNTY EQUAL OPPORTUNITY EMPLOYMENT/NONDISCRIMINATION POLICY
RESOLUTION #02-283
WHEREAS, the Board of Commissioners believes that it is in the best interest of the people of Ingham County that vendors providing goods and services to Ingham County government conform to Ingham County's Equal Opportunity Employment/Nondiscrimination Policy; and
WHEREAS, the Board of Commissioners wishes to assure that vendors are aware of this policy; and
WHEREAS, the Board of Commissioners wishes to monitor compliance and to provide for sanctions or penalties in the event of non-compliance; and
WHEREAS, Resolutions #78-170 and #81-35 have served as the County's policy regarding the requirement that County vendors conform to Ingham County's Equal Opportunity Employment/Nondiscrimination Policy; and
WHEREAS, the Ingham County Board of Commissioners desires to consolidate and update this policy.
THEREFORE BE IT RESOLVED, that for the purposes of this policy, the following terms and phrases are defined as follows:
1. "Board" or "Board of Commissioners" means the Ingham County Board of Commissioners.
2 "Contract" means a purchase order or written agreement.
4. "Designated Agent" means any officer, employee, commission, department, agency, or organization authorized or directed to conduct an investigation to determine if a violation of this policy has occurred.
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Agenda Item No. 11
RESOLUTION #02-283
5. "Ingham County government" means the commissions, offices, agencies, and departments of Ingham County government; to the courts funded by Ingham County; and to any other entity where the Board of Commissioners provides funds for goods and services.
6. "Vendor" includes individuals, proprietorships, partnerships, corporations, trusts, associations, joint ventures, and other legal entities, either incorporated or unincorporated, however operating or named, and whether acting by themselves or by a servant, agent or fiduciary, and includes all legal representatives, heirs, successors and assigns thereof, who desire to contract with or who does contract with the County to provide goods and services for compensation including subcontractors of the vendor, but excluding County employees.
BE IT FURTHER RESOLVED, that it is the policy of the Board of Commissioners that all vendors who provide goods and services to Ingham County government by contract, shall, as a condition of providing goods and services, adhere to all Federal, State and local laws, ordinances, rules and regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment including, but not limited to, the following:
BE IT FURTHER RESOLVED, that it is the policy of the Board of Commissioners that all vendors shall, as a condition of providing goods and services, as required by law and/or the County's Equal Opportunity Employment/Nondiscrimination Policy, not discriminate against persons to be served or an employee or applicant for employment with respect to hire, tenure, terms, conditions or privileges of employment, or a matter directly or indirectly related to employment because of race, color, religion, national origin, age, sex, sexual orientation, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation.
ADOPTED - DECEMBER 10, 2002
Agenda Item No. 11
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BE IT FURTHER RESOLVED, that vendors registering to provide goods and services to Ingham County under contract shall certify to their knowledge of the County's policy, and of their agreement to comply, and shall disclose any conclusive findings of violations of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years.
BE IT FURTHER RESOLVED, that notice of the requirements of this policy shall be included in all formal Requests for Proposals or Bids issued by Ingham County for goods and services, that for statistical purposes only County vendors responding to formal requests for proposals or bids should provide statistical information regarding their workforce diversity, and the vendors shall certify their knowledge of the County's policy and disclose any conclusive findings of violations of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies within the past three (3) years.
BE IT FURTHER RESOLVED, that all purchase orders issued for goods and services shall contain notice of the requirements of this policy, and shall state that acceptance of the purchase order by the vendor shall constitute agreement to comply with the policy.
BE IT FURTHER RESOLVED, that all contracts entered into for goods and services shall contain the requirements of this policy.
BE IT FURTHER RESOLVED, that Ingham County shall request current vendors and those who wish to be included in the County's vendors list on a voluntary basis to indicate if they are more than 50% minority, women, handicapper or veteran owned. The minority classification shall be those of the 2000 U.S. Census of Population; Black, Hispanic, Native American or Asian Pacific Islander.
BE IT FURTHER RESOLVED, that where there has been a conclusive finding that a vendor has violated federal, state or local equal opportunity statutes, ordinances, rules/regulations, or policies, that vendor shall be barred from providing goods and services to Ingham County for five (5) years from the date that a determination of the violation has been made in accordance with applicable statutes, ordinances, rules/regulations, or policies or from the date that such determination becomes known, unless a specific exemption is granted by the Board of Commissioners.
BE IT FURTHER RESOLVED, that violation of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies during the course of time during which the vendor is providing goods or services to the County shall be regarded as a material breach of any contract between the County and the vendor, and the County may terminate such contract effective as of the date of delivery of written notification to the vendor.
BE IT FURTHER RESOLVED, that any employee of a vendor providing goods and services by contract to the County, or any employee of a subcontractor of a vendor providing goods and services
ADOPTED - DECEMBER 10, 2002
Agenda Item No. 11
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to the County by contract, or any bona fide organization representing such employees may file a written complaint with the Board or its designated agent, if any, challenging the compliance by a vendor with the terms of this policy, the Board or its designated agent shall then conduct an investigation to determine whether the policy has been violated.
BE IT FURTHER RESOLVED, that a vendor found to have retaliated in violation of a federal or state law against an employee for filing a claim of violation of federal, state, or local equal opportunity statutes, ordinances, rules/regulations, or policies shall be ineligible to provide any goods or services to Ingham County government for a period of five (5) years from the date of such finding.
BE IT FURTHER RESOLVED, that the provisions of this policy shall apply to any goods and services obtained by any County agency by contract where the Board of Commissioners provides funds for such goods and services.
BE IT FURTHER RESOLVED, that the Board of Commissioners encourages all other agencies of the County to adopt this or a similar policy for all goods and services purchased by contract.
BE IT FURTHER RESOLVED, that the County Controller or designee, or designated agent, shall be responsible for monitoring implementation of and compliance with the provisions of this policy where the goods and services are provided through the authorization of the Board of Commissioners.
BE IT FURTHER RESOLVED, that where another specific agency of the County is designated as responsible for obtaining goods and services, that agency shall be responsible for monitoring implementation of and compliance with the provisions of this policy.
BE IT FURTHER RESOLVED, in the event that certain goods and services must be purchased in order to allow the ongoing operation of Ingham County government, but the agreement to comply with the County's policy cannot be obtained in a timely manner, then the County Controller or designee, or other designated agent, is authorized to proceed with the necessary purchase; provided however, that if agreement to comply with the policy is not
ADOPTED - DECEMBER 10, 2002
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forthcoming within a reasonable time, then additional goods and services shall not be obtained, and the vendor shall be prohibited from providing goods and services to Ingham County, for five (5) years unless specific authorization is given by the Board of Commissioners.
BE IT FURTHER RESOLVED, that no less than annually, the County Controller or designee shall provide the appropriate committee of the Board of Commissioners and the Equal Opportunity Committee the status of compliance by vendors with this policy and recommendations of amendments to this policy.
BE IT FURTHER RESOLVED, that Resolutions #78-170 and #81-35, or the provisions of other resolutions which are inconsistent with this policy, are hereby rescinded.
BE IT FURTHER RESOLVED, that Resolution #91-187 adopting the County of Ingham Equal Opportunity Employment Plan be amended to replace the section entitled RE: PURCHASING AND CONTRACTING POLICY, page 9, with this policy.
ADMINISTRATIVE SERVICES/PERSONNEL: Yeas: Swope, Lynch, De Leon, Celentino Nays: None Absent: Severino Approved 11/19/02
FINANCE: Yeas: Stid, Krause, Swope, Hertel
Nays: Schafer Absent: Grebner, Minter Approved 11/20/02