AMENDMENT OF SOLICITATION/ MODIFICATION OF 2ND CONTRACT
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1. CONTRACT 10 CODE
NO.
appl icable)
AMENDMENT OF
2.
4. REQUISITION/PURCHASE REQ. NO.
, ..7/5010/0004
6. ISSUED BY
CODE
CODE
7. ADMINISTERED BY
(If other than Item 6)
EQUAL EMPLOYMENT OPPORTUNITY COMM.
MIAMI DISTRICT OFFICE
ONE BISCAYNE TOWER, SUITE 2700
2 SOUTH BISCAYNE BOULEVARD
MIAMI, FLORIDA 33131
8. NAME AND ADDRESS OF CqNTRACTOR (No.. street, county, State and ZIP code) 9A. AMENDMENT OF
!:tVrnfl-N
CLEARWATER ~OMrv1UfJITV RELATIONS
DEPARTMENT
POST OFFICE BOX 4748
400 NORTH MYRTLE A VENUE, 1 ST FLOOR
CLEARWATER, FL 34618
EQUAL EMPLOYMENT OPPORTUN!TY COMM. i : ; ~ i I E [', ':r ,\ ~ L~
PROCUREMENT MANAGEMENT DIVISION c,,/U' A,t. [.!"/~, 'L(..lV,"'. F!~ i
1801 L STREET, N,W'6 ROOM 2505 [\i I' [
WASHINGTON, DC 205 7 OPPGineL;iY r:':"i~'j,~ ,:;,\1
SOLICITATION NO.
9B. DATED (SEE ITEM 11)
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10A. MODIFICATION OF CONTRACT/ORDER NO.
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6/5010/0018
10B. DATED (SEE ITEM 13)
03/07/96
COOE
FACILITY CODE
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
[J The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of
Offers [] is extended, [] is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and
date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15,
and returning copies of the ~mendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submittea;-or-(c) By separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes
reference to the solicitatIon and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
SEE BLOCK 14 FOR ACCOUNTING AND APPROPRIATION DATA
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN
THE CONTRACT ORDER NO. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MOOIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying
office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
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D. OTHER (Specify type of modification and authority)
CLAUSE H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT.
E. IMPORTAN,T: Contractor [J is not, [i] is required to sign this document and return ---L- copies to the
issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract
subject matter where feasible.)
PURPOSE:
EXERCISE OF OPTION I.
Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the
Government hereby exercises Option Year 1 to extend contract performance for
a period of twelve (12) months commencing October 1, 1996.
Effective as of the date in Block 3 of this modification,
Except as provided herein. all terms and conditions of the doc 't referenced in Item 9A or 10A, as heretofore
chan ed remains unchan ed and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) (Type or print)
BY
C. 0 TE SIGNED
U't}-.::r-
Elizabeth M. Deptula,
15B. CONTRACTOR/OFFEROR
thorized to si
NSN 7540-01-152-8070
PREVIOUS EDITION UNUSABLE
30-105
STANDARD FORM 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR) 53.243
1'(-0 J 3 -c) /
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Co"tract No. 6/5010/0018
MJdification No.2
Page 2 of 3
I.
OPTION PERIOD I - October 1, 1996 through September 30, 1997
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J}...................~J.JS
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0201 Processing and resolving, at a price of $500 $47,500
per charge, 95 Title vn and ADA charges.
Each charge must have been filed since October 1, 1992,
and resolved in accordance with a Charge Resolution Plan,
if applicable.
0202 Provide Intake Services for Q charges, with $300
affidavits, filed during the period October I,
1996 to September 30, 1997, at a price of $50
per charge.
0203 Travel and other costs related to attendance and $1,200
provision of EEOC sponsored training.
TOTAL CONTRACT PRICE (OPTION PERIOD I):
$49, 000
The accounting and appropriation data is as follows:
7/5010/22/4116 - $47.500 OBliGATE
7/5010/19/4116 - $300 OBliGATE
7/5010/08/4106 - $1.200 OBliGATE
SECTION F - PERIOD OF PERFORMANCE. The period of performance is hereby extended
from October 1, 1996, through September 30, 1997.
As a result of this modification, the total contract price is increased by $49.000.00 from
$54.850.00 to a new total of $103.850.00.
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cttract No. 6/S01()/O()18
Modification No.2
Page 3 of 3
II. In addition, the following are changes to the contract:
Section C - DESCRIPTION/SPEC.lWORK STATEMENT
Replace Pages C-I through C-5 with the attached Pages C-I through C-5.
Section E - INSPECTION AND ACCEPTANCE
Replace Page E-l with the attached Page E-l.
Section F - DEllVERIES OR PERFORMANCE
Replace Pages F-l and F-~ with the attached Pages F-l and F-2.
Section G - CONTRAC7 ADMINISTRATION DATA
Replace Pages G-2 and G-~ with the attached Pages G-2 and G-4.
Section H - SPECIAL CONTRACT REQUIREMENTS
Replace Pages H-I and H-3 with the attached Pages H-l and H-3.
Section J - LIST OF AITACHMENTS
Incorporate Worksharing Agreement for Option I as Attachment D.
Except as stated above, all other terms and conditions for the contract remain unchanged.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION C - DESCRIPTION/SPEC./WORK STATEMENT
I. Background
A. There is an acknowledged need to ensure the employment rights of individuals granted
by Federal, State and Local anti-discrimination laws, and,
The Equal Employment Opportunity Commission (EEOC) is authorized by statute to
utilize the services of State and Local Fair Employment Practices (FEP) Agencies to
assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of
1964, as amended. the Age Discrimination in Employment Act of 1967, as amended,
and, the Americans with Disabilities Act, and,
B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate
to establish an integrated system for more ~xpeditious resolution of employment
discrimination charges, has committed itself to continued development and
enhancement of such a system in partnership with FEP Agency, hereinafter referred to
as the Contractor.
II. Scope of Work
A. The Contractor agrees to cooperate with the Equal Employment Opportunity
Commission in the maintenance and enhancement of a national, integrated
employment discrimination law enforcement and charge resolution system by
accomplishing various objectives which include, but are not limited to, the following:
1 . Implementation by the Contractor of procedures that provide for
professionalized intake of all charges the FEPA initially receives, prompt
notification to respondents, resolution of charges on a current basis.
determinations supported by evidence, and resolutions with remedies;
2. The training of Contractor personnel in charge processing procedures
compatible with those of the EEOC;
3. Utilization by the Contractor of an employment discrimination charge form
which, within statutory limitations, is acceptable to the EEOC and the
Contractor;
4. Utilization by the Contractor of processing terminology (such as common
language pertaining to types of resolutions) that is the same as or compatible
with that utilized by the EeOC;
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5. The development and maintenance of a system to ensure that EEOC and the
.contractor maintain compatible procedural and substantive standards; and
6. The identification by the Contractor and EEOC of legislative changes that may
be appropriate for the establishment of integrated and efficient charge
processing systems.
7. Utilization of an effective case management system, and, as applicable,
adherence to a Charge Resolution Plan that:
a. enhances quality and efficiency in the Contractor's charge resolution
systems;
b. establishes annual charge resolution objectives and provides
mechanisms for fixing accountability and measuring progress toward
those objectives;
c. deveiops procedures and processes designed to reduce inventories of
dual-filed charges that will ensure maintenance of a charge inventory of
less than nine months; and
d. ensures that quality standards are met and are commensurate with
EEOC's policies and statutory responsibilities.
B. The Contractor further agrees that when agreement on implementation of any of the
above mentioned items is reached, the details of such an agreement shall be reflected
in a Worksharing Agreement whose effective date will run consistent with the
effective dates of this contract. Upon execution, the Worksharing Agreement dated
November 27, 1996 is herein incorporated by reference into this contract.
C. It is understood and expressly agreed to by both parties to this contract that, as a
condition to the maintenance of this contract, the executed Worksharing Agreement
between the Contractor and EEOC provide that once EEOC or the Contractor has been
designated to process the charge, the other shall refrain from processing the charge
pending completion by the initial processor to minimize duplication of effort.
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D. It is further understood and expressly agreed to by both parties to this contract that,
as a condition to the maintenance of this contract, the Contractor shall:
1. Implement in cooperation with EEOC, a system which permits each party to
perform various functions on behalf of the other, among other things.
accepting charges for each other. within such statutory limits as may exist;
and
2. Commit itself to maintenance of effort. It is the intention of the EEOC to
purchase services from the Contractor. Therefore, should the Contractor or
the governmental body which provides its funds reduce the Contractor's
resources in anticipation of or as a result of EEOC contract funds. the EEOC
may -=onsider any reduction in the Contractor's funding from its funding
source, restriction placed on the use of its funds, or changes in the
Corltractor's operating procedures or regulations which impact on its ability to
perf 01 ", under its contract, as a material breach of this contract requiring the
Contractor to return all or a portion of the funds provided by the EEOC under
this contract.
E. It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principtes for State and Local FEP Agencies for
Fiscal Year 1997 adopted by the Commission on December 18, 1996 are incorporated
in their entirety into this contract.
III. Statement of Work
A. Processina of Charaes - Title VII Charaes. and/or ADEA Charaes (if aoolicablel. and/or
ADA Charaes (if aoolicable)
1 . The Contractor agrees, for the prices stated in Section B, to process individual
charges of employment discrimination exclusive of any charge processing
resulting from other contracts for the resolution of charges that may be in
effect between the Contractor and the EEOC during the term of this contract.
2. The Contract Monitor shall be responsible for transmitting charges initially
received by EEOC to the Contractor. The Contractor further agrees that the
charges submitted to EEOC for contract credit review shall include. but not be
limited to, no cause findings, successful settlements, successful conciliations,
administrative resolutions, final orders issued following and pursuant to
administrative hearings and litigation. No contract credit will be awarded by
EEOC for resolutions by the Contractor based on no jurisdiction (except in
cases where an investigation is actually required to determine jurisdiction) or
resolutions based on the charging party's failure to establish a bona fide
charge.
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3. All charges submitted for credit under this contract shall be completed by the
Contractor between October 1, 1996 and September 30, 1997, as follows:
a. All charges will be evaluated and determinations made in accordance
with the theories of discrimination in employment as developed under
Title VII of the Civil Rights Act of 1964, as amended the Age
Discrimination in Employment Act of 1967, as amended, and the
Americans with Disabilities Act, as appropriate.
b. Investigation and resolution of individual charges pursuant to this
contract shall be conducted in a manner designed to effectuate relief for
the charging party and shall be carried out as expeditiously as possible.
c. All final actions, litigation and intake services for which payment is
requested under this contract will be processed and awarded contract
credit, in comptiance with EEOC Order 916 (or the new State and Local
Handbook when issued), the ADA Technical Assistance Manual for ADA
charges, and the Worksharing Agreement.
d. Contract credit submissions will include final dispositions of charges (i.e.
final actions). When administrative appeal rights exist, the final
disposition of a charge occurs only after the time for appeal' has expired
or the appeal has been processed to completion. In cases where the
administrative appeal has been processed, the date of the notice of the
final result of the appeal is the operative date. This applies in all cases
where an administrative appeal is provided. whether the case is
administratively resolved, dismissed. decided, or when no cause is
found. For Title VII charges only, the fifteen day period during which
Substantial Weight Review may be requested and/or the period during
which a Substantial Weight Review is conducted is not considered for
the purposes of computing the operative date of the final disposition of
a charge.
e. Contract credit submissions that are not final dispositions will include:
1) Charges to be litigated by the Contractor where EEOC receives copies
of the complaints bearing confirmation of the filing dates with the Court,
or other appropriate official confirmation of the filing dates of the
complaints; 2) Certain types of charges that must be transferred to the
EEOC that are not final actions by the Contractor, as specified in EEOC
Order 916 (or the new State and Local Handbook when issued); and 3)
Intake services by the Contractor where EEOC accepts for processing a
charge initially filed but not jurisdictional with the Contractor, or any
other FEP Agency, and for which the Contractor has prepared all charge
intake documentation, including a complete affidavit, as required by the
EEOC. In addition, contract credit for intake services will be given when
EEOC accepts for processing a charge initially filed with but not
jurisdictional with the Contractor, and the Contract Monitor determines
and justifies that there is a need to service charging parties who live at
great distances from an EEOC or State FEP Agency office.
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f. Charge resolutions submitted for contract credit pursuant to this
contract will be identified by the Contractor by timely and accurate data
entries on the FEPA Charge Data System, if applicable. Where the
Contractor is not on the FEPA CDS, charge resolutions submitted for
credit pursuant to this contract will be designated in a monthly status
report from the Contractor to the Contract Monitor.
g. All charges will be processed by the Contractor in accordance with the
Contractor's applicable State or Local Law.
h. Contract credit will not be allowed for any charge subject to a
processing fee. If such a fee is imposed or implemented during the
period of the contract, the contract may be terminated in accordance
with Clause 52.249-4, Termination for Convenience of the Government.
4. In order to ensure consistent levels of productivity toward established results,
the contract monitor will review production on a quarterly basis. The
Contractor is expected to submit for contract credit approximately one-fourth
of the total charge resolutions required under the contract each quarter.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION E -INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
Inspection and Acceptance shall be made by the Contract Monitor or his/her designee on
behalf of the Director, Office of Program Operations, Equal Employment Opportunity
Commission. Inspection and Acceptance shall be made pursuant to the standards set forth in
EEOC's Compliance Manual and in the applicable section(s) of EEOC Order 916 (or the new
State and Local Handbook when issued).
The Contract Monitor will ensure that the Contractor maintains
performance that is consistent with the criteria and requirements
contained herein, as well as in the Substantial Weight Review
Procedures and Worksharing Agreements. EEOC Headquarters will
conduct an on-site evaluation of the investigative and administrative
charge processing procedures of the Contractor as needed. Accordingly,
the Contractor is expected to comply with reasonable requests for
providing and/or making available information concerning various aspects
of their processes and procedures as they relate to or impact on the
management and disposition of the dual-filed inventory. Such
information includes but is not limited to staffing information, case
management printouts, charge processing documentation, and any other
material and data as may be related and/or apply to the processing of
dual-filed charges or administration of the contract.
E.2
NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this
section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4
INSPECTION OF SERVICES - FIXED PRICE
(APR 1984)
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION F - DELIVERIES OR PERFORMANCE
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RUJQQ:::Qfi:::fi.:.".::QIMDII
Performance under this contract shall begin on October 1, 1996 and be completed by
September 30,1997. (See Clause H.10, "Option to Extend the Term of the Contract.")
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A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS):
1. The contractor must make accurate and timely charge data entries in the FEPA CDS,
and is responsible for ensuring that all appropriate charge information is available for
extraction by the Collection Manager in a timely manner. Charge resolutions
submitted for contact credit review will not be accepted for payment if it is determined
that any required data entry has not been made by the FEPA. A determination not to
award contract credit made may be reversed under the procedures set forth in Section
1I.8.5.a. of the FY 1997 COl}tracting Principles.
2. In addition, in order for a charge to be eligible for contract credit, basic charge data
must be entered into the FEPA CDS within five days of the Contractor's receipt of
each charge as set forth in Section II. 8. 2. of the FY 1997 Contracting Principles.
3. In order to meet the requirement in the FY 1997 Contracting Principles at Section
11.8.2. that the Contractor shall provide EEOC with a list of final actions within a
timeframe agreed upon by the Contract Monitor and the Contractor, but usually no
later than 30 days after the resolution of each charge, the Contractor must ensure the
timely and accurate entry of data into the FEPA CDS. The Contractor Monitor, will
generate charge data lists and reports through the FEPA CDS to verify that this
requirement is being met throughout the term of this contract.
4. The Contractor will enter all charge data for contract credit submissions through each
quarter not later than the 8th calendar day of the month following each quarter.
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B. Where the Contractor is not on the FEPA CDS:
1 . The Contractor shall submit quarterly contract production reports to the Contract
Monitor for review. The quarterly reports shall consist of EEOC Forms 322 and 472.
Upon award of the contract, the quarterly reports must be received by the Contract
Monitor not later than the 8th calendar day of the month following each quarter.
2. Separately, the Contractor shall furnish to the Office of Program Operations, Field
Management Programs and the State and local Programs Division, Washington, D.C.,
written reports as may be expressly required by either of those units.
3. The Contractor shall provide EEOC with a list of charge resolutions with respect to
dual-filed charges within a timeframe agreed upon with the Contract Monitor. but no
later than thirty days after the charge resolution dates. The lists of charge resolutions
will be provided on the EEOC Form 472. After receipt of the lists. if requested by the
Contract Monitor, the Contractor will forward all charge file information, or a copy of
such information, within five workdays of the requests. The EEOC Contract Monitor
may extend or reasonabiy alter the five-day time frame as deemed necessary and
appropriate. (For non-certl~ied Contractors, file information must be submitted within
five days of submission of the Form 472/resolution listing unless the timeframe is
extended or otherwise modified by the Contractor Monitor.) Failure to timely submit
reports and charge file information will result in the denial of contract credit for the
affected resolutions. .
4. The Contractor must make timely and accurate submission to EEOC of EEOC Form
322, FEPAgency - Performance Report. and EEOC Form 472 FEP Agency Charge List.
All reports covering the first three quarters of the FY 1997 contract must be received
by EEOC prior to September 30. 1997.
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G.3 DISTRICT OFFICE STATE AND LOCAL COORDINATOR
The EEOC District Office State and Local Coordinator is the designee of the CM in connection
with the performance of this contract and shall perform those duties specified in paragraph G-
2 above.
G.4 INVOICE INSTRUCTIONS
a. General. Strict compliance with the invoice instructions will facilitate early payment of
invoices. No payments, however, can be made until this contract and subsequent
modifications are returned, properly executed, to the Equal Employment Opportunity
Commission, 1801 L Street, N.W., Washington, D.C. 20507. Attn: Contracting
Officer, Room 2505.
b. Invoice Forms. The Contractor must use copies of the "Public Voucher for Purchases
and Services Other Than Personal." Standard Form 1034. Copies of the form may be
obtained from the EEOC District Office.
c. Payments shall be invoiced in accordance with the payment schedule cvntained in
Section G. However, regarding training, in order for the government to make
maximum use of funds, it is imperative that requests for payment of training
completed be invoiced no later than 30 days after compietion of the training.
Step 1
1.
In those cases where the Contractor has not invoiced for training completed
within the 30 day period, the Contractor agrees to allow the government to
unilaterally deobligate the amount of funds the government determines to be in
excess of the amount needed to pay for training.
2.
In the event the government determines before training is to be conducted that
the amount of funds provided under the contract should be reduced or
increased as a result of a revised estimation of the amount of funds needed to
pay for training, the Contractor agrees to allow the government to unilaterally
modify the contract to provide funds for training in accordance with the
government's revised estimation.
The Contractor will prepare, sign and submit copies of "Public Voucher for
Purchases and Services Other Than Personal," Standard Form 1034, to the
CM. Vouchers for advance payments must be received by the CM by the 10th
of the month if payment is wished near the first of the subsequent month.
Vouchers for payment of charge resolutions actually produced should be
submitted to the CM as soon after completion of a fiscal quarter as possible.
For advance payment, the Contractor will check "Advance" in the "Payment"
section of each Form 1034 submitted. For actual production payments prior to
the completion of the contract, the Contractor will check "Progress" in the
"Payment section and will type the following certification in the" Articles or
Services" section of each Form 1034 submitted: Contractor certifies that all
charae resolutions for which oavment is reauested were orocessed in
comoliance with the aoolicable section(s) of EeOC Order 916. (The reference
to "EEOC Order 916" will change to "the State and Local Handbook" when
the Handbook is issued.) For the actual production payment upon completion
of the contract, the Contractor will check "Final" in the "Payment section, and
the certification cited above will be typed in the" Articles or Services" section
of the final Form 1034 submitted.
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PAYMENT SCHEDULE FOR VOUCHERING
UNDERFY 1997 CONTRACTS
Voucherina Date
Percentage of Total
Contract Allocation
Type of Voucher
Payments
10/02/96
01/08/97
50%
Advance
Based on Actual
Production
04/08/97
Based on Actual
Production
07/08/97
Based on Actual
Production
10/08/97
Not to exceed
Contract Amount
Based on Actual
Production
b. The CM may recommend payment for the full amount of the contract at any time that
the Contractor completes the number of acceptable charge resolutions required by the
contract.
G.6 ELECTRONIC FUNDS TRANSFER PAYMENT METHOD
a. If the contractor has. provided the information designating a financial institution for receipt
of electronic funds transfer payment to the EEOC Financial Management Division, no further
action is required to receive electronic payments through the Automated Clearing House
system.
b. If the contractor has provided the information designating a financial institution for receipt
of electronic funds transfer payment to the EEOC Financial Management Division and the
information has changed, the contractor is required to provide the updated information to the
EEOC Financial Management Division identified in block 12 of SF 26 within 14 calendar days
of the award date of this contract.
c. If the contractor has not provided the information designating a financial institution for
receipt of electronic funds transfer payment, the contractor is requested to provide the
information required by clause 52.232-33 identified in paragraph 1.2 of this contract to the
EEOC Financial Management Division identified in block 12 of SF 26.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.' mg:::'!!~'::,I!g;:igli::~g.~_IBI:::.lg,~
The Contractor agrees to abide by the confidentiality provisions of Title VII and the ADA as
those provisions are interpreted by EEOC. The Contractor shall not make public in any manner
whatever the following information if said information was obtained from EEOC:
1 . The existence of a Title VII and/or ADA charge filed by a particular charging party
against a particular respondent, untess a Title VII andlor ADA lawsuit has been
instituted.
2. Information obtained by the EEOC pursuant to its investigation authority (Section
709(a)), unless a Title VII andlor ADA lawsuit involving that information has been
instituted and,
3. Things said or done by the parties (i.e. charging parties and respondents, and the
EEOC) during the settlement efforts or conciliation of a charge. unless a Title VII
andlor ADA lawsuit has been instituted.
4. Pursuant to Paragraph 5(b) of the EEOC Memorandum of Understanding with the
OFCCP. information compiled by OFCCP and provided to EEOC may be provided to an
FEP Agency (i.e. the Contractor) upon its request. It is further understood and agreed
that the Contractor will not disclose to the public any such information without first
requesting and obtaining the express written approval of the Director of OFCCP.
EEOC-Furnished EEO Reports may be made public by the Contractor during or after a hearing
conducted by the Contractor that involves such information.
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A. The CM will review production on a Quarterly basis. The Contractor is expected to
produce approximately 1/4 of the tQtal charge resolutions required under the contract
each Quarter.
B. If the annualized linear production of the Contractor's actual production at any time
indicates that the Contractor is producing at a rate that would not meet the number of
charge resolutions required under the contract, the Contractor agrees to allow the
government to unilaterally modify the contract price and the total number of charge
resolutions being purchased downward to reflect the annualized charge production
projection.
C. The Contractor also agrees that the government has the unilateral option to increase
the number of contracted charge resolutions and/or intake services up to 25% for each
modification, based on the actual or projected production of charge resolutions and
intake services.
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"Title VII and ADA Discrimination Case Files", or Privacy Act System EEOC-1 ,
" Age and Equal Pay Discrimination Case Files". The contents and operation of
these systems are described in Federal Register Notice, II Privacy Act of 1974;
Publication of System of Records, Proposed New Systems and Proposed New
Routine Uses" dated March 19, 1994, and included in Section J of this
contract. The EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are
hereby incorporated by reference.
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v .. M .. .~.::,:W.M,:,;:M::;:~,'1,:~::~i .. :,:::;;;,;:;:, <. M:'t;:iM K:i:J.~
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The Contractor is expected to reconcile its data base with EEOC's data base as
necessary and appropriate. If significant discrepancies occur and cannot be
eliminated through a routine reconciliation, EEOC may request a hard inventory
of the Contractor's charge inventory. Such hard inventory must be conducted
in accordance with guidelines prescribed by the EEOC.
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This contract is renewable at the prices stated elsewhere in the contract, at the
option of the Government, by the Contracting Officer giving written notice of
renewal to the contractor by the first day of each Government fiscal year,
provided, that the Contracting Officer shall have given preliminary notice of the
Government's intention to renew at least 60 days before this contract is to
expire. Such a preliminary notice of intent to renew shall not be deemed to
commit the Government to renewals. If the Government exercises this option
for the renewal, the contract as renewed shall be deemed to include this option
provision. However, the total duration of this contract, including the exercise
of any options under this clause, shall not exceed 24 months.
Base Period - October 1, 1995 through September 30, 1996
Option Period I - October 1, 1996 through September 30, 1997
H-3
J
I
WORKSHARING AGREEMENT
BETWEEN
HUMAN RELATIONS DEPARTMENT CITY OF CLEARWATER
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1997
I. INTRODUCTION
A. The Human Relations Department City of Clearwater,
hereinafter referred to as the FEPA, has jurisdiction over
allegations of employment discrimination filed against
employers of Five (5) or more employees occurring
north of Ulmerton Road in Pinellas County, Florida, based
on race, color, religion, national origin, age, sex,
disability, and marital status pursuant to the Pinellas
County Code Chapter 70 and Chapter 12 Clearwater City Code.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States where such charges are based on race, color,
religion, sex, or national origin, all pursuant to Title
VII of the Civil Rights Act of 1964, as amended (42 U.S.C.
~ 2000 (e)) (hereinafter referred to as Title VII). EEOC
has jurisdiction to investigate and determine charges of
discrimination based on age (40 or older) under the Age
Discrimination in Employment Act (ADEA) of 1967, as
amended (29 U.S.C.~ 621 et.seq.), for unequal wages based
on sex under the Equal Pay Act of 1963 (29 U.S.C.~ 206),
, and over allegations of employment discrimination based on
disability pursuant to Title I of the Americans with
Disabilities Act of 1991, (42 U.S.C. ~ 12101).
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and
in consideration of the mutual promises and
covenants contained herein, the FEPA and the EEOC
hereby agree to the terms of this Worksharing
Agreement, which is designed to provide individuals
with an efficient procedure for obtaining redress
for their grievances under appropriate state and
local or Federal laws.
).-
FILING OF C~ES OF DISCRIMINA~ION I
A. In order to facilitate the assertion of employment
rights, the EEOC and the FEPA each designate the other as
its agent for the purpose of receiving and drafting
charges. EEOC's receipt of charges on the FEPA's behalf
will automatically initiate the proceedings of both EEOC
and the FEPA for the purposes of Section 706 (c) and (e)
(1) of Title VII. This delegation of authority to
receive charges does not include the right of one Agency
to determine the jurisdiction of the other Agency over a
charge. Charges can be transferred from one agency to
another in accordance with the terms of this agreement or
by other mutual agreement.
B. The FEPA shall take all charges alleging a violation of
Title VII, ADEA, EPA, or the ADA where the parties have
mutual jurisdiction, so long as the allegations meet the
minimum requirements of those Acts, and for charges
specified in Section III. A. 1. below, refer them to the
EEOC for initial processing. Appropriate charges should
also be dual filed with the Florida Commission on Human
Relations (FCHR).
C. Each Agency will inform individuals of their rights to
file charges directly with the other Agency and or assist
any person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
As part of the intake duties, Investigators are to verify
with the Charging Parties if they had filed a charge of
discrimination with other agencies prior to filing the
charge.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
the EEOC and the Human Relations Department, City of
Clearwater within the framework of a mutually agreeable
system. Each agency will advise Charging Parties that
charges will be resolved by the agency taking the charge
except when the agency taking the charge lacks
jurisdiction or when the charge is to be transferred in
accordance with Section III (DIVISION OF INITIAL CHARGE-
PROCESSING RESPONSIBILITIES) .
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 (or alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. Specifically, each
agency will forward an Affidavit taken at the time of
intake and a copy of the Charge Information Form. When
a charge is taken based on disability, the nature of the
disability shall not be ~iRclosed on the face of the
charge.
1.
With respect to
Department, City
the ADA, but
differenc:es:
the ADA, the Human Relations
of Clearwater's law is similar to
has the following important
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a.
ihe
for
!rdinance does not enunciate1a standard
evaluating safety requirements.
b. The ordinance contains no restrictions on
disbility related inquires and medical
examinations of applicants and employees and no
confidentiality provisions.
c. The ordinance does not contain a provision
prohibiting discrimination through a contract.
d. The ordinance does not contain a provision
prohibiting discrimination on the basis of a
relationship or association with an individual
with a disability.
e. The ordinance does not contain a reasonable
accomodation requirement.
f. The ordinance does not contain a provision
prohibiting discrimination on the basis of a mental
disability.
2. Recognizing the differences set forth above, the
FEPA and the EEOC agree to the following:
a. For each FEPA ADA charge resolution that involves
one or more of the issues identified in 1. above, the
FEPA will provide the EEOC with a statement that
identifies which of the above issues were addressed
in resolving the charge.
b. The FEPA will transfer to the EEOC for initial
processing each disability charge it originally
receives where it will not receive and resolve all
alleged issues in a manner consistent with all
requirements, standards, prohibitions, and
restrictions set forth in the ADA.
E. Within ten calendar days of receipt, each Agency
agrees that it will notify both the Charging Party
and Respondent of the dual-filed nature of each such
charge it receives for initial processing and explain
the rights and responsibilities of the parties under
the applicable Federal, State, or Local statutes. Each
Agency will use EEOC Form 212-A, Charge Transmittal to
transmit charges to each other. Each charge will also be
dual filed with the Florida Commission on Human Re.1ations
(FCHR) using the EEOC Form 212-A.
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III.
DIV,ISION OF I1IT1AL CH&~GE-?ROC:::SSING RESfONSIBILITIES
In ~ecognition of the statutory au~hority granted to the FE?A
by Section 706(c) and 706(d) of Title VII as amended; and by
Title I of the Americans with Disabilities Act, and the
transmittal of charges of age discrimination pursuant to the
Age Discrimination in Employment Act of 1967, the primary
responsibility for resolving dual-filed charges between the
FEPA and the EEOC will be divided as follows:
A. EEOC and the FEPA will process all Title VII, ADA, and
ADEA charges that they originally receive.
1. For charges originally received by the EEOC and/or
to be initially processed by the EEOC, the FEPA
waives its right of exclusive jurisdiction to
initially process such charges for a period of 60
days for the purpose of allowing the EEOC to
proceed immediately with the processing of such
charges before the 61st day.
In addition, the EEOC wiJ.l initially process the
following charges:
-- All Title VII/ADA charges received by the FEPA
180 days or more after the date of violation;
Concurrent Title VII/EPA charges;
All charges against the FEPA or its parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
All charges filed by EEOC Commissioners;
Charges also covered by the Immigration Reform
and Control Act;
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance
Programs, or Federal fund-granting agencies under
29 CFR ~ 1640, 1641, and 1691.
Any charge where EEOC is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The EEOC will
notify the FEPA of all Conciliation Agreements and
Consent Decrees which have features relevant to the
disposition of subsequent charges;
-- Any charge alleging retaliation for filing a
charge with EEOC or for cooperating with EEOC; and
iv
-- All charges against Reslndents which are
designated for initial process' g by the EEOC in a
supplementary memorandum to thi Agreement.
2. The FEPA will initially process the following types
of charges:
Any charge alleging retaliation for filing a
charge with the FEPA or cooperating with the FEPA;
Any charge where the FEPA is a party to a
Conciliation Agreement or a Consent Decree which,
upon mutual consultation and agreement, is relevant
to the disposition of the charge. The FEPA will
provide the EEOC with an on-going list of all
Conciliation Agreements and Consent Decrees which
have features relevant to the disposition of
subsequent charges;
-- All charges which allege more than one basis of
discrimination where at least one basis is not
covered by the laws administered by EEOC but is
covered by the FEPA Ordinance, or where EEOC is
mandated by federal court decision or by internal
administrative EEOC policy to dismiss the charge,
but FEPA can process that charge.
All charges against Respondents which are
designated for initial processing by FEPA in a
supplementary memorandum to this Agreement; and
-- All disability-based charges against Respondents
over which EEOC does not have jurisdiction.
-- In addition, the EEOC will defer to the FEPA for
processing all Title VII and ADA charges received
that are jurisdictional to the FEPA. This process
will remain in effect until the FEPA has a
manageable work inventory.
B. Notwithstanding any other provision of the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge subject to agreement of the
other agency. Such variations shall not be inconsistent
with the objectives of this Worksharing Agreement or the
Contracting Principles.
C. Each Agency will on a quarterly basis notify the other of
all cases in litigation and will notify each other when
a new suit is filed. As charges are received by one
Agency against a Respondent on the other Agency's
litigation list a copy of the new charge will be sent to
the other Agency's litigation unit within IO working
days.
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IV.
EXCHANGE OF IYORMATION -
A. . Both the FEPA and EEOC shall mike available for
inspection and copying to appropriate officials from the
other Agency any information which may assist each Agency
in carrying out its responsibilities. Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract. The Agency accepting
information agrees to comply with any confidentiality
requirements imposed on the agency providing the
information. With respect to all information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title VII, ADEA, and ADA.
B. In order to expedite the resolution of charges or
fac:ilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accGmpany or to observe its personnel when processing a
charge.
V. RESOLUTION OF CHARGES
A. Both agencies will adhere to the procedures set out in
EEOC's Order 9lG, Substantial Weight Review Manual, and
the State and Local Handbook as revised.
B. For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
I. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
C. In order to be eligible for contract credit and/or
payment, submissions must meet all the substantive and
administrative requirements as stipulated in the
Contracting Principles.
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, .
~
D. ~
For the ~rposes of determining eligtility for contract
payment,~a final action is defined s the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Agency's Executive Director. The liaison
official for the EEOC will be the State and Local
Coordinator.
B. The agencies will monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement. Where it appears that the overall projection
appears inappropriate, the appropriace portions of this
Agreement will be modified to ensure full utilization of
the investigation and resolution capacities of the FEPA
and rapid redress for allegations of unlawful employment
discrimination.
C. EEOC will provide original forms to be copied by the
FEPA, in accordance with the Regulations and the
Compliance Manual to be used by the FEPAs in
correspondence with Charging Parties and Respondents.
D. If a dispute regarding the implementation or application
of this agreement cannot be resolved by the FEPA and
District Office Director, the issues will be reduced to
writing by both parties and forwarded to the Director of
the Office of Program Operations for resolution.
E. This Agreement shall operate from the first (1st) day of
October 1996 to the thirtieth (30th) day of September ~:i:R 1997
.t.ha--V~-~R~-.QOa.'-~~--ea.Qe+ and may be renewed or
modified by mutual consrnt of the parties.
I have read the foregoing Wbrksh 9 Agreement and I accept
and agree to the provisions co ,aine therein.
i ,
. /
Date
II l'Jl/9L
Fe eric
Eq4alEmp oymentOpportunityCommission
Miami, District Office
Date
If /u,/f..
( ,
Bet~~ City Manager
Human Relations Department, City of
Clearwater
vii