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Home My WebLink Aboutord2021-016Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 l\` Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-148 File ID: AB2021-148 Version: 1 Status: Adopted File Created: 02/26/2021 Entered by: CHalka@co.whatcom.wa.us Department: Council Office File Type: Ordinance Assigned to: Council Final Action: 03/23/2021 Agenda Date: 03/23/2021 Enactment #: ORD 2021-016 Primary Contact Email: chalka@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance amending Whatcom County Code 3.08 Purchasing System to include nondiscrimination by county contractors SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance amending Whatcom County Code 3.08 Purchasing Systen to include nondiscrimination by county contractors HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 03/09/2021 Council SUBSTITUTE INTRODUCED Council AS AMENDED Aye: 6 Browne, Buchanan, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 1 Byrd 03/23/2021 Council ADOPTED Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Attachments: Proposed ordinance, Substitute Ordinance as amended in 3.9.2021 Committee, Substitute Ordinance -tracked changes as amended in 3.9.2021 Committee, Final Version Introduced on Whatcom County Page 1 Printed on 312412021 Agenda Bill Master Report Continued (AB2021-148) 3.9.2021- tracked changes, Final Version Introduced on 3.9.2021 Whatcom County Page 2 Printed on 312412021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 PROPOSED BY: FRAZEY INTRODUCED: MARCH 9, 2021 ORDINANCE NO. 2021-016 AMENDING WHATCOM COUNTY CODE 3.08 (PURCHASING SYSTEM) TO INCLUDE NONDISCRIMINATION BY COUNTY CONTRACTORS WHEREAS, Whatcom County residents value all people without regard to race, color, creed, religion, national origin, sex, sexual orientation, gender identity or expression, age, marital status, neurodiversity, disability, political affiliation, or veteran status; and WHEREAS, Whatcom County residents entrust the County Council and Executive to procure goods and services with entities that reflect our values; and WHEREAS, Whatcom County General Conditions Paragraphs 35.1 Non -Discrimination in Employment and 35.2 Non -Discrimination in Client Services have been included in most contracts by practice, but have not been required in all contracts by policy or ordinance; and WHEREAS, The U.S. Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate because of a person's race, color, religion, sex (including pregnancy, transgender status, and sexual orientation), national origin, age (40 or older), disability or genetic information; and WHEREAS, the Revised Code of Washington Chapter 49.60, establishes the Washington State Human Rights Commission (WSHRC) and its responsibility for administering and enforcing the Washington Law Against Discrimination; and WHEREAS, Whatcom County seeks to ensure that contractors observe non- discrimination laws in all contracts proposed by the County. NOW, THEREFORE, BE IT ORDAINED, that the County Code shall hereby be amended to include a new section as detailed in the attached Exhibit A. fie !�lOi��this` 2,a a day of March 2021. WHATCOM COUNTY COUNCIL TT WHATCOM `' WHATCOM COUNTY, WASHINGTON Dana Brown,-`Daavis, Cle'rk,of, the Council Barry Buchanan, Council Chair P, WHATCOM COUNTY EXECUTIVE APPRO'V f D AS TO,FORM: WHATCOM COUNTY, WASHINGTON Karen Frakes by email 2/26/2021 Civil Deputy Prosecutor Satpal Sidhu County Executive Approved ( ) Denied Date Signed: :3Ln6/Z0r—/ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 EXHIBIT A 3.08.125 Nondiscrimination Whatcom County endeavors to secure for all individuals within the county the freedom from discrimination because of race, color, religion, national origin, gender, sexual orientation (including gender identity), age, marital status, or disability in connection with employment, and thereby to promote the interests, rights and privileges of individuals within the county. A. All contracts proposed by County staff shall incorporate equal employment opportunity clauses which shall read as follows, or as subsequently amended to be consistent with existing law: 1. Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation (including gender identity), age, marital status, disability, political affiliation, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to ensure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 2. Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation (including gender identity), disability, or veteran status; or deny an individual or business any service or benefits under this Agreement unless otherwise allowed by applicable law; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement unless otherwise allowed by I applicable law; or deny an individual or business an opportunity to participate 2 in any program provided by this Agreement unless otherwise allowed by 3 applicable law. 4 5 B. Noncompliance with the non-discrimination in employment and client services 6 provisions will be grounds for terminating a contract and may hinder a contractor's 7 eligibility for future contracts.