AWARD/ CONTRACT
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u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
Human Relations Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Dear Director:
Subject: Contract No. 8/5010/0018
Transmitted herewith is a properly executed copy of the subject contract. Also
enclosed is a copy of the letter of designation appointing the Contract Monitor
(CM) for this particular contract. I request that you carefully review this
designation as the information contained therein is pertinent to your
performance under the contract.
It is being forwarded for your information, appropriate action and file.
Sincerely ~ /;(~ .
ffrey . Rosenfe~Contr cting Officer
oc ement Management Division
Office of Financial and Resource
Management
Enclosure
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
DESIGNATION OF CONTRACT MONITOR
Contract No. 8/5010/0018
Contractor
Human Relations Department
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
Supplies/Services
Processing FEP Agency Title VII, ADEA, and ADA Charge
Resolutions and Processing for Intake Services
In connection with the discharge of my responsibilities as Contracting Officer under
the above numbered contract, I hereby designate Federico Costales, Director,
Miami District Office as Contract Monitor to act on my behalf in carrying out the
specific duties listed below:
1 . Monitor the Contractor's day-to-day performance to assure compliance with
the technical requirements of the contract. This includes providing the
Contractor with technical direction. Such direction is to remain within the
scope of the contract as it is written.
2. Review and approve progress reports, technical reports, and all other
materials provided by the Contractor as called for by the contract. Notify
the Contracting Officer and Supervisor if reports or other items submitted are
to be rejected and state basis for rejection.
3. Complete attached progress report Quarterly and FINAL and forward to the
Contracting Officer.
4. Certify the Contractor's invoices for payment, including any credit due the
Government. This includes the authority to request the Contractor to make
corrections or submit new invoices when clerical errors are detected. If a
contractor fails to submit a requisite invoice based on actual production and
subsequently submit an invoice for another advance payment, the contract
monitor must certify that the contractor is producing on schedule before that
advance payment is paid.
5. Keep detailed records of the Contractor's performance, and if it is not
satisfactory or if oroblems are anticioated. notify the Contractina Officer and
Suoervisor. in writing, as to the cause and recommend a course of action
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Page 2 of 3
from a technical -standpoint. Immediate notification is essential to assure
that the Contracting Officer takes appropriate action to protect the
Government's rights under the contract.
6. Provide copies of all correspondence between the Contract Monitor and the
Contractor to the Contracting Officer and Supervisor.
7. Prepare Memorandum for Record covering all meetings/discussions between
the Contract Monitor and the Contractor and forward copies to the
Contracting Officer and Supervisor. It is critically important to keep the
Contracting Officer informed on the context of all communications with the
Contractor to prevent misunderstandings or situations that could affect
contract terms or conditions and become the basis of future claims against
the Government.
- 8. Advises the Contractor that in the event he/she desires to orooose a change.
he/she should submit the reauest in writing to the Contract Monitor and
soecifically identify the effect that the orooosed change(s) will have on the
terms of the contract (technically and/or monetary) orior to any change. The
Contract Monitor will review the orooosed change(s) and if he/she agrees
that the changes are necessary to achieve the desired outcome. he/she will
recommend to the Contracting Officer and Suoeryisor. in writina. whether
the orooosed chanae(s) should be incoroorated into the contract.
9. Assure that changes in work under the contract are not imolemented before
written authorization of a contract modification is issued by the Contracting
Officer. Costs for work oerformed may not be allowed if not authorized
under the contract. No chanae or commitment should be directed without
orier written authorization by the Contracting Officer.
10. Recommend. in writing. to the Contractina Officer through the Suoervisor
any changes in the contract reauired by the Government with detailed
iustification for the orooosed change.
11. Make site visits, when appropriate, to the Contractor's facility and check
contractor performance.
12. Make sure the Contractor is fully aware of the following:
This contract shall not cover charges for any items which are not specifically
provided for by this contract. Contractor is to be cautioned that if he/she
provides services/supplies during the performance of this contract which are
not specifically set forth as priced items in the contract, regardless of who
requests them (including the Contract Monitor), payment will NOT be made
for them under this contract.
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The Contract Monitor shall give no other direction to the Contractor except as
authorized above. All other authority to act on behalf of the U.S. Equal
Employment Opportunity Commission in the administration of this contract is .
reserved to me as Contracting Officer.
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Date
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sa:TIrn A - OOLICITATIrn/a:Nl'RACT FO~
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PAro' I - THE SCHEIXJLE
AWARD/CONTRACT 1. THIS CONTRACT IS A RATED ORDER I RATING I PAGE OF PAGES
UNDER DPAS (15 CFR 350) 1 I 3
2. CONTRACT (Proc. Inst. Ident.) NO. 3. EFFECTIVE DATE I 4. REQUISITION/PURCHASE REQUEST/PROJECT NO.
8/5010/0018 10/01/97 8/5010/1501
5. ISSUED BY CODE I CB 6. ADMINISTERED BY CODE I
(If other than Item 5)
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
PROCUREMENT MANAGEMENT DIVISION MIAMI DISTRICT OFFICE
1801 L STREET, N'~'7 ROOM 2505 ONE BISCAYNE TOWER
~ASHINGTON, DC 2050 2 SOUTH BISCAYNE BLVD., SUITE 2700
MIAMI, FLORIDA 33131
7. NAME AND ADDRESS OF CONTRACTOR 8. DELIVERY
Oln_ c:tr~pt' rit"v r-nllntv ~t=:tot'D ::r.nn 7TP Code) 0 Iil OTHER (See below)
FOB ORIGIN
Human Relations Dept. FOB DESTINATION
City of Clearwater .. 9. DISCOUNT FOR PROMPT PAYMENT
P.O. Box 4748 N/A
Clearwater, FL 33758-4748 10. SUBMIT INVOICES
( . copies unless ITEM
otherwise specified) TO BUXX 6
CODE I FACILITY COOE THE ADDRESS SHOWN IN:
11. SHIP TO/MARK FOR CODE I 12. PAYMENT ~ILL BE MADE BY CODE I
SAME AS BLOCK 6 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FINANCIAL MANAGEMENT DIVISION
1801 L STREET, N'~'7 ROOM 2005
~ASHINGTON, DC 2050
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN 14. ACCOUNTING AND APPROPRIATION DATA
COMPETITION: 8/5010/22/4116 $526000 OBLIGATE
0 10 USC 2304(c)( IKJ 41 USC 253( c)( 5 ) 8/5010/19/4116 $35 OBLI GA TE
) 8/5010/08/4106 $1 200 OBLIGATE
15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANT ITY 150. UNIT 15E. UNIT PRICE 15F. AMOUNT
- PROCESSING OF FISCAL YEAR
1998 FEP AGENCY TITLE VII, SE ~ sa:TIO ~ B
AND ADA CHARGE RESOLUTIONS
AND PROCESSING CHARGES FOR FI~ FIXED- P IUCE TYPE
INTAKE SERVICES, AND GENERAL
FEP AGENCY TRAINING.
15G. TOTAL AMOUNT OF CONTRACT 1$ 53,550.00
16. TABLE OF
PAGE(S)
X A 3
X B 3
X C 5
X 0 1
X E 1
X F 2
X G 4
X H 3
OFFICER WILL
17.50 CONTRACTOR'S NEGOTIATED AGREEMENT (Contractor is
requi red to sign th i s docl.lllent and return -L copi es to
issuing office.) Contractor agrees to furnish and deliver
all items or perform all the services set forth or other-
wise identified above and on any continuation sheets for
the consideration stated herein. The rights and obliga-
tions of the parties to this contract shall be subject to
and governed by the following docl.lllents: (a) this award/
contract, (b) the soliciation, if any, and (c) such pro-
visions, representations, certificat10ns, and specif1ca-
tions, as are attached or incorporated by reference
herein. (Attachments are listed herein.)
19A. NAME AND TITLE OF SIGNER (type or prir,~::-f" -----
. chael J. Roberto,
19B NAME OF CONTRACTOR
City Hanacrer
r19C. DATE SIGNED
3-:1. LJ. -4 '6
BY
(Signature of person authorized to sign)
NSN 7540-01-152-8069
PREVIOUS EDITION UNUSABLE
26-107
GPO 19850-469-794
AIDVE
DESCRIPTION
PART II - CONTRACT CLAUSES
CONTRACT CLAUSES 2
- LIST OF DOCUM NTS EXH ITS AND OTHER ATTACH.
J LIST OF ATTACHMENTS 17
PART IV - REPRESENTATIONS AND INSTRUCTIONS
K REPRESENTATIONS, CERTIFICATIONS AND
OTHER STATEMENTS OF OFFERORS
L INSTRS CONDS AND NOTICES TO OFFERORS
M EVALUATION FACTORS FOR A~ARD
COMPLETE ITEM 17 OR 18 AS APPLICABLE
PAGE(S)
X
PART
X
X
5
18.0 A~ARD (Contractor is not required to sign this
docl.lllent.) Your offer on Solicitation
NlJ1lber
i neluding the addi t ions or chan!;les made by you wh i ch addi-
tions or changes are set forth 1n full above, is hereby
accepted as to the Items listed above and on any continu-
ation sheets. This award consummates the co~tract which
consists of the following documents: (a) the Government's
solicitation and your offer, and (b) this award/contract.
No further contractual document is necessary.
20A. NAME OF CONTRACTING OFFICER
20C. DATE SIGNED
APR 7
26 (REV. 4-85)
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TABLE OF CONTENTS
PART I - THE SCHEDULE
SECTION A - SOLICITATION/CONTRACT FORM
PAGE NUMBER
. . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . .
A-'
SECTION B - SUPPLIES OR SERVICES PRICES/COSTS
. . . . . . . . . . . . . . . I . . . . . . . . . . . .
B-'
B. 1 Contract Definition - Fixed Price Contract ........................... B-'
B.2 Services and Prices ..................................... B-' thru B-2
B.3 Date of Incurrence of. Cost ...................................... B-3
SECTION C - DESCRIPTION/SPECIFICA TIONSIWORK STATEMENT ............. C-1 thru C-5.
SECTION D - PACKAGING AND MARKING
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
0-1
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SECTION E - INSPECTION AND ACCEPTANCE .................................. E-'
E.1 Inspection and Acceptance ..................................... E-1
E.2 Notice. . . . . . " . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. E-1
SECTION F - DELIVERIES OR PERFORMANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. F-1
F.1 Period of Performance ......................................... F-'
F.2 Time of Delivery/Deliverables ............................... F-1 thru F-2
SECTION G - CONTRACT ADMINISTRATION DATA .............................. G-'
G. 1 Contracting Officer ........................................... G-1
G.2 Contract Monitor ............................................ G-'
G.3 District Office State and Local Coordinator .......................... G-2
GA Invoice Instructions .................................... G-2 thru G-3
G.5 Payment Schedule ..................................... G-3 thru G-4
G.6 Electronic Funds Transfer Payment Method .......................... G-4
SECTION H - SPECIAL CONTRACT REQUIREMENTS .............................. H-'
H.' Title VII and ADA Confidentiality Provisions .......................... H-'
H.2 Contract Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. H-'
H.3 Rights in Data ............................................. . .. H-2
H.4 Indemnification ............................................. H-2
H.5 Acknowledgement of Government ................................ H-2
H.6 Direct and Indirect Costs ....................................... H-2
H.7 Notice of Adverse Court Action .................................. H-2
H.8 Privacy Act ................................................ H-2
A-2
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TABLE OF CONTENTS (cont'd)
PART II - CONTRACT CLAUSES
PAGE NUMBER
SECTION H - SPECIAL CONTRACT REQUIREMENTS (cont'd) ....,.......,....".,... H-'
H.9 Charge Data System - Database .................................. H-3
H. 1 0 Option to Extend the Term of the Contract .................,........ H-3
SECTION I - CONTRACT CLAUSES - FIXED PRICE SERVICE . . . . . . . . , . . . . , . . . . , , . , . . " ,_,
I. 1 52.252-2 Clauses Incorporated by Reference (JUN 1988) ..",.,....... 1-'
I. 2 Notice. . . , . . . . . . , . . . " . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . ., 1-1 thru 1-2
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PART III - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
PAGE NUMBER
SECTION J - LIST OF ATTACHMENTS
. e , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
J-'
SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS K~'
K.' Taxpayer Identification (Sep. 1989) . . . . . . . , . . " . . . . . . . , . . . , . . . K-' thriJ, K-2
K.2 Certification Regarding Debarment, Suspension, Proposed Debarment, and other
Responsibility Matters (May 1989) . . . . . . . . . . . . . . , . . . . . . . . . . , , .. K-2 to K-3
K.3 Place of Performance (Apr 1984) . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . , ,. K-4
K.4 Previous Contracts and Compliance Reports (Apr. 1984) .................. K-4
K.5 Affirmative Action Compliance ......... r . . . . . . . . . . , . . . . . . . . . , . , . .. K-4
K.6 Clean Air and Water Certification (Apr. 1984) . . . . . . . . . . . . . . . . . . . . . . . . " K-5
K.7 Buy American Certificate (Dec. 1989) .......................,...,... K-5
K.8 Notice - Federal Acquisition Regulation Solicitation Provisions . . . , . . . . . . . . . " K-5
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u.s. EQUAL EMPLOYMENT OPPORTUNITY COl\1MISSION
~ORMCONTRACTFORMAT
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 CONTRACT DEFINITION - FIXED PRICE CONTRACT
This is a Fixed-Price Contract as defined at Subpart 16.201 of the Federal Acquisition
Regulation (FAR). See Clause H.2 for equitable adjustment.
B.3 SERVICES AND PRICES
ClJN
0001
0002
0003
BASE PERIOD - October 1, 1997 through September 30, 1998
DESCRIPTION
Processing and resolving, at a price of $500
per charge, .J.Q4... Title VII and ADA charges.
Each charge must have been moo since October 1, 1993,
(or since October 1, 1992 for each charge where a
determination of reasonable cause is issued and the charge
is processed through hearings and/or litigation) and
resolved in accordance with a Charge Resolution Plan,
if applicable.
Provide Intake Services for ~ charges, with
affidavits, med during the period October 1,
1997 to September 30, 1998, at a price of $50
per charge.
Travel and other costs related to attendance and
provision of EEOC sponsored training.
TOTAL CONTRACT PRICE:
B-1
AMOUNT
$ 52,000
$
350
$ 1,200
$ 53.550
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OPTION PERIOD I - October 1, 1998 through September 30, 1999
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DESCRIPTION AMOUNT
0201
Processing and resolving, at a price of **$500 **$ 52.000
per charge, **...liM:.... Title vn and ADA charges.
Each charge must have been filed since October 1, 1994,
and resolved in accordance with a Charge Resolution Plan,
if applicable
0202
Provide Intake Services for ** ~ charges, with
affidavits, filed during the Period October 1, 1998 to
September 30, 1999, at a price of **$50 per charge.
**$
350
0203
Travel and other costs related to attendance and
Provision of EEOC sponsored training.
**$ 1.200
TOTAL CONTRACT PRICE (OPTION PERIOD n:
**$ 53.550
**Prices and Charges contained in this Schedule are estimates only, and may be subject to change
upon award of this Option. When prices and charges are fmalized, this Contract will be modified
accordingly.
B-2
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OPTION PERIOD II - October 1,1999 through September 30,2000
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DESCRIPTION AMOUNT
0301
Processing and resolving, at a price of **$500 **$ 52,000
per charge, ** ~ Title vn and ADA charges.
Each charge must have been flied since October 1, 1995,
and resolved in accordance with a Charge Resolution Plan,
if applicable
0302
Provide Intake Services for ** ~ charges, with
affidavits, flied during the Period October 1, 1999 to
September 30, 2000, at a price of **$50 per charge.
**$
350
0303
Travel and other costs related to attendance and
Provision of EEOC sponsored training.
**$ 1,200
TOTAL CONTRACT PRICE (OPTION PERIOD m:
**$ 53,550
**Prices and Charges contained in this Schedule are estimates only, and may be subject to change
upon award of this Option. When prices and charges are fmalized, this Contract will be modified
accordingly.
B.4 DATE OF INCURRENCE OF COST
In accordance with FAR Part 31.205-32, the Contractor shall be entitled to reimbursement
of costs as specified above incurred during the period from October I, 1997, to the date
of award which is the date signed by the Contracting Officer. Any costs incurred will be
reimbursed if and only if they would have been allowable pursuant to the terms of this
contract if this contract had been in effect when such costs were incurred; and provided
further that the Government is not obligated to reimburse any precontract costs in excess
of the target costs of the contract as stated in Block 15G of SF-26, the contract cover
sheet.
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION C . DESCRIPTION/SPEC.lWORK 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 (EEOCl is authorized by statute to
utilize the services of State and Local Fair Employment Practices (FEPI 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 expeditious resolution of employment
discrimination charges, has committed itself to continued development and
enhancement of such a system in partnership with the 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 asystem 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. develops procedures and processes designed to reduce inventories of
dual-filed charges that will ensure maintenance of a charge inventory of
less than 365 days; 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
Seotember 11. 1997. 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.
C-2
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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 consider
any reduction in the Contractor's funding from its funding source, restriction
placed on the use of its funds, or changes in the Contractor's operating
procedures or regulations which impact on its ability to perform 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 Principles for State and Local FEP Agencies for
Fiscal Year 1998 adopted by the Commission on July 8. 1997 are incorporated in their
entirety into this contract.
III. Statement of Work
A. ProcessinQ of CharQes - Title VII Charaes. and/or ADEA Charaes (if aoolicablel. and/or
ADA CharQes (if aoolicablel
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.
C-3
3.
All CI'1arges submitted for credit under this fontract shall be completed QV the
Contractor between October 1, 1997 and ~Ptember 30, 1998, 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 compliance 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 a~inistrative 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.
C-4
f.
i:harge resolutions submitted for contralt credit pursuant to this contract
till be identified by the Contractor by timely and accurate data entnes
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. EluAL EMPLOYMENT OPPORTUNITY CIMMISSION
UNIFORM CONTRACT FORMAT
SECTION D - PACKAGING AND MARKING
Charge/case file material and reports to be furnished to the District Office shall be adequately
packaged to assure safe delivery to the designated office.
The Contractor shall preserve all case files and records relevant to all charges or actions until final
disposition of such charges or actions by the Contractor and the Commission and other federal
authorities including federal courts.
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u.sl EQUAL EMPLOYMENT OPPORTUNITJCOMMISSION
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 Field Programs, 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(sl 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 prcx:edures 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 clause6 pertinent to this
section are hereby incorporated by reference:
FEDERAL ACa.UISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
52.246-4
INSPECTION OF SERVICES. FIXED PRICE I
(APR 1984)
E-1
U.S. EQLI\L EMPLOYMENT OPPORTUNITY COrvlVllSSION
I UNIFORM CONTRACT FORMAT I
SECTION F - DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
Performance under this contract shall begin on October 1, 1997 and be completed by
September 30, 1998. (See Clause H.1 0, "Option to Extend the Term of the Contract. ")
F.2 TIME OF DELlVERY/DELlVERABLES
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 contract credit review will not be accepted for payment if it is determined that any
required data entry has not been macN by the FEPA. A determination not to award
contract credit made may be reversed under the procedures set forth in Section
II.B.S.a. of the FY 1998 Contracting 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. B.5.8 of the FY 1998 Contracting Principles.
3. In order to meet the requirement in the FY 1998 Contracting Principles at Section
II.B.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.
, ,
F-'
B. Where the ConJactor is not on the FEPA CDS: I
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 Field Programs, Field
Management Programs and State and Local Programs, 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 reasonably alter the five-day time frame as deemed necessary and
appropriate. (For non-certified Contractors, file ioformation 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 ~ill 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, FEP Agency - Performance Report, and EEOC Form 472 FEP Agency Charge List.
All reports covering the first three quarters of the FY 1998 contract must be received
by EEOC prior to September 30, 1998.
F-2
~
I
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION G - CONTRACT ADMINISTRATION DATA
Contracting Officer
Jeffrey A. Rosenfeld
Contract Specialist
Cassandra Bates
EEOC - Contract Specialist
Telephone: (202) 663- 4253
Inspection and Acceptance
See Section E of the Schedule
Accounting and Appropriation Data:
See Block 14 of Page 1, SF-26
Contract Monitor (CM)
Federico Costales, Director
Miami District Office
Telephone: (305) 530 - 6060
Paying Office
Project Off~r
See Block 12 of Page 1, SF-26
Elizabeth M. Thornton, Director
Office of Field Programs
1801 L Street, N.W., Rm 8002A
Washington, D.C. 20507
Telephone: (202) 663-4801
G.1 CONTRACTING OFFICER
Notwithstanding any of the provisions of this contract, the Contracting Officer shall
be the only individual authorized to amend or modify any of the terms of the
contract or redirect the efforts of the Contractor.
G.2 CONTRACT MONITOR (CM)
The Equal Employment Opportunity Commission's District Director listed above is
the Contract Monitor (CM) in connection with the performance of this contract. The
CM shaH monitor the contract for the Director, Office of Field Programs and provide
the Contractor with technical guidance. Technical guidance shall mean filling in the
details or otherwise explaining the scope of work and the requirements set forth in
the contract. It is intended that the details or suggestions furnished shall not
constitute any changes in terms and conditions of the contract. The CM has the
responsibility for monitoring and evaluating all phases of the Contractor's
performance in order to determine compliance with the technical requirements of
the contract.
G-1
q.3 DISTRICT OFFICE STiTE AND LOCAL COORDINATOR I
The EEOC District Office State and Local Coordinator or Program Manager 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 1 034. Copies of the form may be
obtained from the CM.
c. Payments shall be invoiced in accordance with the payment schedule contained 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 completion of the training.
'-
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.
Step 1
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 1 034, 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 1 034 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 1 034 submitted: Contractor certifies that all
charQe resolutions for which oavment is reauested were orocessed in
comoliance with the aoolicable section/51 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 1 034 submitted.
G-2
'!-
PA YMENT SCHEC,ULE FOR VOUCH~
I UNDER FY 1997 CONTRAC~ ~
Vouchering Dat~
Percentage of Total
Contract Allocation
Type of Voucher
Pavments
10/02/97
01/08/98
50%
Advance
Based o'n Actual
Production
04/08/98
Based on Actual
Production
07/08/98
Based on Actual
Production
10/08/98
Not to exceed
Contract Amount
Based on Actual
Production
b. The CM may recommend payment f~r 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. .
G-4
U.S. EQIIAL EMPLOYMENT OPPORTUNITY COM. MISSION
I UNIFORM CONTRACT FORMAT '1'
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 TITLE VII AND ADA CONFIDENTIALITY PROVISIONS
The Contractor agrees to abide by the confidentiality provisions of Title YII 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, unless a Title VII and/or ADA lawsuit has been
instituted,
2. Information obtained by the EEOC pursuant to its investigation authority (Section
709(a)), unless a Title VII and/or ADA lawsuit involving that information has been
instituted and,
3. Things said or done by the parties (i.~. charging parties and respondents, and the
EEOCl during the settlement efforts or conciliation of a charge, unless a Title VII and/or
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.
H.2 CONTRACT AD..IUSTMENTS
A. The CM will review production on a quarterly basis. The Contractor is expected to .
produce approximately 1/4 of the total 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.
H-1
H.3
RIGHTS IN DATA
I
[
The Government shall have access to all case files created and developed in the performance
of this contract at all reasonable times when they are in the possessIon of the Contractor.
The Contractor shall have access to such case files at all reasonable times while they are In
the possession of the Equal Employment Opportunity Commission. No case files. reports.
studies, findings or other information collected or created in the performance of this contract
shall be released by the Contractor except as authorized in accordance with the
Confidentiality Provisions set forth at paragraph H-1 above.
H .4 INDEMNIFICATION
The Contractor agrees to indemnify the Government. its officers, agents, employees and
assignees, for all claims of any nature arising out of the performance of this contract.
including costs and expenses resulting from such claims.
H-5 ACKNOWLEDGEMENT OF GOVERNMENT
The Contractor agrees that in the communication or release of all information concerning work
performed or work to be performed under this contract, such communication or release.
whether in writing or otherwise, shall be jo~tly approved by the Contract Monitor and the
Contractor, and shall include a statement to the effect that the project or effort depicted was
or is co-sponsored by the Equal Employment Opportunity Commission.
H.6 DIRECT AND INDIRECT COSTS
This is a fixed price contract. No additional funds will be added to this contract for direct 'or
indirect costs incurred by the Contractor in the performance of this contract that exceeds the
unit price(s) indicated in Section C.
H.7 NOTICE OF ADVERSE COURT ACTION
The Contractor will provide written notification to the Director, Office of Field Programs, of
any adverse local, state, or federal court decision issued against the Contractor relevant to the
Employment Opportunity clauses, Section I, of this contract. Such notice shall be provided
within 10 days of the courts decision.
H.8 PRIVACY ACT
This contract requires the collection, creation and maintenance of records which are subject to
the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act Clause
incorporated into this contract in Section I. The records compiled, created and maintained
pursuant to this contract are included in EEOC's Privacy Act System EEOC-3, "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, "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.
H-2
CHARGE DATA SYS1EM . DATABASE I
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.
H.9
H.10 OPTION TO EXTEND THE TERM OF THE CONTRACT
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 36 months.
Base Period - October 1, 1997 through September 30, 1998
Option Period I - October 1, 1998 through ~Ptember 30, 1999
Option Period II - October 1, 1999 through September 30, 2000
H-3
U.S. EQUAL EMPLOYMENT OPPOR-TUNITY CiMISSION
I UNIFORM CONTRACT FORMAT
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES - FIXED PRICE SERViCe
1-1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)
This contract incorporates one or more clauses by reference. with the same force and effect
as if they were given in full text. Upon request, the Contracting Officer will make their full
text available.
1-2
NOTICE:
The following solicitation provisions and/or contract clauses pertinent to this
section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 11 CLAUSES
52.202-1
52.203-3
52.203-5
52.203-6
52.203-7
52.203-8
52.203-10
52.203-12
52.204-4
52.209-6
52.215-2
52.215-8
52.217-9
52.219-8
52.222-1
52.222-3
52.222-4
52.222-26
52.222-35
Definitions
Gratuities
Covenant Against Contingent 'Fees
Restrictions on Subcontractor Sales to
the Government
Anti-Kickback Procedures
Cancellation, Recission and Recovery of
Funds for Illegal or Improper Activity
Price or Fee Adjustment for Illegal
or Improper Activity
Limitation on Payments to
Influence Certain Federal Transactions
Printing/Copying Double Sided on
Recycled Paper
Protecting the Government's Interest
when Subcontracting with Contractors
Debarred, Suspended, or Proposed for
Debarment
Audit and Records --Negotiation AUG 1996
Order of Precedence -Uniform Contract Format OCT 1997
Option to Extend the Term of the Contract MA Y 1989
Para (al: by the first day of the Government Fiscal year
Para (c): 36 months
Utilization of Small, Small Disadvantaged
and Women-owned Small Business Concerns
Notice to the Government of labor Disputes
Convict Labor
Contract Work Hours and Safety
Standards Act--Overtime Compensation
Equal Opportunity
Affirmative Action for Special
Disabled and Vietnam Era Veterans
OCT 1995
APR 1984
APR 1984
JUL 1995
JUL 1995
JAN 1997
JAN 1997
JUN 1997
JUN 1996
JUL 1995
JUN 1997
FEB 1997
AUG 1 996
JUL 1995
APR 1 984
APR 1 984
1-1
52.222-36 AffiJ:atlve Action for Handicapped I APR 1984
Wor ers
52.222-37 Employment Reports on Special Disabled JAN 1988
Veterans and Veterans of the Vietnam Era
52.223-2 Clean Air and Water APR 1 984
52.223-6 Drug-Free Workplace JAN 1997
52.224-1 Privacy Act Notification APR 1984
52.224-2 Privacy Act APR 1984
52.225-3 Buy American Act - Supplies ,JAN 1994
52.229-4 Federal, State, and local Taxes JAN 1991
(Noncompetitive Contract)
52.229-5 Taxes--Contracts Performed in U.S. APR 1984
Possessions or Puerto Rico
52.232-1 Payments APR 1 984
52.232-11 Extras APR 1984
52.232-17 Interest JUN 1996
52.232-23 Assignment of Claims JAN 1986
52.232-25 Prompt Payment JUN 1997
52.232-33 Mandatory Information for Electronic Funds AUG 1996
Transfer Payment
52.233-1 Disputes \., OCT 1995
52.233-3 Protest After Award AUG 1996
52.237-3 Continuity of Services JAN 1991
52.242-2 Production Progress Reports APR 1991
52.243-1 Changes--Fixed Price--Alternative III AUG 1987
52.244-6 Subcontracts for Commercial Items and Commercial OCT 1995
Components
52.245-4 Government Furnished Property APR 1 984
(Short Form)
52.249-4 Termination for Convenience of the APR 1984
Government (Services) (Short Form)
52.249-8 Default (Fixed-Price Supply ~nd Service) APR 1984
1-2
A ttachment A -
Attachment B -
Attachment C .
U.S. E9UAL EMPLOYMENT OPPORTUNITY CfMMISSION
I UNIFORM CONTRACT FORMAT
PART III - liST OF DOCUMENTS, EXHIBITS AND OTHER A TT ACHMENTS
SECTION J . LIST OF ATTACHMENT~
Worksharing Agreement for FY 1998
SF lLL, Disclosure of Lobbying Activities. 3 Pages.
Federal Register Notice, Dated March 19, 1994
'"
J-'
I
I
WORKS HARING AGREEMENT
BETWEEN
HUMAN RELATIONS DEPARTMENT CITY OF CLEARWATER
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1998
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 (S) 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 Clearwater City Code, Chapter 12.
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 County,
State and Federal laws.
II.
FILING OF C"GES OF DISCRHUNATION .
A. In order to facilitate the asserlion of employment
rights, the EEOC and the FEPA each designate the other as
its agent for the purpose of receiving and drafting
charges, including those that are not jurisdictional with
the agency that initially receives the 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 both the FEPA and
EEOC have mutual jurisdiction, or where EEOC only has
jurisdiction, 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 du~l-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 disclosed on the face of the
charge.
ii
1.
With r8fpect to the ADA, the jman Relations
Departm~t, City of Clearwater's la is similar to
the ADA, but has the following imp rtant differences:
a. The ordinance does not enunciate a standard
for 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 Relations
(FCHR) using the EEOC Form 212-A.
iii
~
, III. DIVISION OF IIITIAL CHARGE-PROCESSING REStONSIBILITIES
In recognition of the statutory authority granted to the FEPA
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 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 will initially process the
following charges:
-- All Title VII,ADA, and concurrent Title VII/ADA
charges jurisdictional with the FEPA and received
by the FEPA 240 days or more after the date of
violatio~;
All 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 Dec:-ee which,
upon mutual consultation a~d agreement, ib 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 EEOCi and
iv
&.
'.
- - I All charges filed agaInst
departments of Pinellas County.
agencies
and
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
administrativeEEOC 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
by the EEOC that are jurisdictional to the FEPA.
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 .lQ working
days.
v
IV.
EXCHANGE OF If FORMATION
I
"
A. Both the FEPA and EEOC shall make 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
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany 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 916, 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:
1. 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
payment, submissions must meet
administrative requirements
Contracting Principles.
contract credit and/or
all the substantive and
as stipulated in the
vi
'-
D.
For the purposes of determining eliiibility for contract
paymentl a final action is define<) as the point after
which t~e 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 appropriate 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
FEPA, in accordance with
Compliance Manual to be
correspondence with Charging
forms to be copied by the
the Regulations and the
used by the FEPAs in
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.
This Agreement shall operate from the first (1st) day of
October 1997 to the thirtieth (30th) day of September
1998 and may be renewed or modified by mutual consent of
the parties. (
I have read the foregoie Wor sn~ring Agreement and I accept
agree to the provisions ~nta'ned herein.
-.I \ . / ~
Date oY.1 0 1] 1a- ]
E.
and
Date
ostales, District Director
al Em oyment Opportunity Commission
i, District Office
9./1' 17
Michael Roberto, City Manager
Human Relations Department, City of
Clearwater
vii
t_
~
U.S. EJUAL EMPLOYMENT OPPORTUNIJ COMMISSION
Miami District Office 1 Biscayne Tower. Suire 2700
2 Sourh Biscayne Boulevard
Miami, FL 33l3l-l805
PH: (305) 536-449l
TDD: (305) 536-5721
FAX; (305) 536-4011
Memorandum of Understanding (MOU) Between
Miami District Office (MMDO) and
Human Relations Department, City of Clearwater
This Memorandum of Understanding will serve to modify Section III.
A 1. of the current FY 1998 Worksharing Agreement by adding the
following provision:
In addition, the Miami District Office will initially process
all ritle VII, ADA and ADEA charges filed against agencies and
departments of Pinellas County Government.
This Memorandum of Understanding when signed by both parties, will
remain in effect until September 3D, 1998 and may be modified or
extended by mutual consent.
1 Employment Opportunity Commission
{v/ <//?;"1
Date
For:
Human Relations Department, City of Clearwater
l-
/2/9/9/7
Dat~ I
Michael Roberto
City Manager
:. -::;~..'_~-:':::.~ """'
1. Type 01 Federal Action: 2- SCalus 04 Federal Action: 1 Repo" Type-:
0 .. conlract 0 .. bidloHer/.pplic'lion o .. Initl.J riling
b. gran I , b. inili.l .ward b. m'leria' ch.nge
c. coopero.i.. agreemenl pOSl..wud For MateriAl Ch.nge Only:
d. lo.n c.
e. lo.n guaranlee year qu.rter -
f. lo.n insurance dale 01 I.UI report
4. Name .nd Address 01 ReportIng Enliry: S. If Reportin~ Enlity in No.4 is Sub.wlldee, Enler Name
CJ Prime CJ 5ubawatdee and Addre1S 01 Prime:
Tier _' if known:
Congressional Oislricl. if lenown: Concreuional District. if known:
6. Federal OeplllmenClAlency: 7. FederAl Program NAme;OeiCription:
-
CFDA Number. if .ppfic.bfe:
8. Federal Action Number. il known: .,. AWlld AmounL il known:
S
10. a. Name and Add,ess 01 lobbying Ent~ b. Indlyiduals Performinf Services (indudin, .ddrtu "
(II indNldua/. lut name. first nvn.. IJ: diHlrMt from No. 70a
lIaff nam., fi"t nun.. Mfr-
.
.
IIIIlde COItIIItVII/OIt ShHU.J V.W.A " /tUII"""
1,. Amounl 01 Payment (check a/l/hat ",plyJ: 13- Type 04 'lym.nC (ch.ck a/l/h't applyJ:
S C actual o planned C a. relalner
0 b. on"llm. 'e.
12- Form 01 'Iyment (ch.ck all /h., app/yJ: 0 Co commltllon
0 a. c:.ash 0 d. conlln"nt ,..
0 b. 'n.klnd: specffy: n.ture 0 .. d.f'IT,d
0 f. oth.r, specify:
""Iu.
14. B,fel Descr'ptlOft 01 5,"fc" ',rfOllMd 01 Co be 'erform.d and Da....) 04 S."k.. 'nclud'n, olflc.r(.l. .mployub),
or MemlMris) contacted. 'ot ,."".... Indicated In II.m 11:
'."ad; e_flltuaflOlt JIl..II" VoW..&. " /t<<-._I
15. Conl'nu.,foft Shee<<I. 5..m.A 11Iached: OVn C No
lL Ilol._ ........ ......... .. ,.,. " ........ lip .. It u.1.c.
-.... 1111. "'.. .,.IIC......... ......... .1IwI.... it . _..w ..-...... 51,nalure-:
III '" _ ...... ..--. _ ...... " 1M I" .... __ Ill.. Print Name:
v_ _ ... . __ ..... ",. ....... .. ...... _ Ie
It u.~c. UIl. "'" L.. -...... .. .. ....... .. .... ~ ..... nile:
-..., .... .. be ....... .. ~ ......... IWp ,..-. .... ..... ..
ilia .... ........ ........ tftoa .. ..... Ie . ..... __ .. _ ... _ .'
.,.,- .... - - ..... .-.- .. .. IIIdt ....... T efephone No.: Date:
:"~"""\l...QIIir.X':~~;~~~Ji~'~.1~'r.'~~!~l~~f! ~...... '-II ~ j~
:.,...."................:..-..j',._~. .~......""~'f""ttt,.!" ~ . l'l!!' . ..~w.."."'c,_~.. :.::.,' '......'""w,li!>_.... ~,_. u.a.
. '., -. .-, "., ,"~~...:, - .:.'..-....,....:.; .,.-.... ..'- :0:"... ::/ ....; ..:_' ". '_' .- .... . ,,- ...' : - - : ':: ....:-....., ....,.'..:.::.. .....-.., -:.." .
DltClOSURE Of L~BBYiNG ACTivITIES
Complete Ihi, form 10 dIsclose lobby,"! ICU"'lles pursu.nllO 31 U.S.C. 1352
(See reverse fot public burden disclosure.>
"OO(~)lirO'"
~ J 41-JO.o4
I! --!
INSTRUCTIONS FOR tOMPtrnoN OF SF.LLL, OISCloSUREIoF LOBBYING ACTIVITIES ( · -"
This disclosure f~rm sh~lI be completed by the reporting entity. whether sub~wardee or prime Federal recipient. ~t the
initi~tion or receIpt of ~ covered Federal action. or a material change to a previou5 filing. pu"u~nt to title 3' U.S.C.
section 1352. The filing. of a fo,:" i5 required for each p~yment or agreement to m~ke payment to any lobbying entity for
;n/1uencin~ or attempting to Influence an officer or e""'oloyee of any a~encv. a Me~ber of Con~ress. an offic~r or
emplo)ee of Congr,us. or ~n empioyee of a Memcer 0/ Congress in conneC:l<j,' .."tn a co.ered Federal aC:lon. lse :~e
~F.LLL.~ Conti~ua:lon S"'~et for ad1iti.,nal information if th~ spce .,n :~~ !.,......, ;1 i"ac"'Juale, Com pie!! all items :~a:
apply for both the initi~1 filing and m..terial ch..nge report. Refer to the implementing guid.lnce published by the Office ,1
M~n~gement and Budget for addition.al inform~tion.
1. Identify the type of covered FedeF'21 action for which lobbying activity 15 and/or has been .eCT:Ired to Influence the
outcome of a covered Federal.action.
2. Identify the st~tus of the covered Federal Iction.
J. Identify the appropriate c1assificadon of thi5 report. If this is I followup report uused by a material chln~e to the
information previously reported. ente, the year and quarter in which the chanse OCCUlTed. Enter the cbte of the lut
previously submitted report by this reportins entity for this covered Feder.alactJon.
... Ente, the full name. add,e", dty. state and zip code of the reporting entity. Include C()f'\sreulon.al District. if
known. Check the .appropriate dauifieadon of the reporting entity th.at designates if it Is. or ell~cts to be. a prime
or sub~wud recipient. Identify the tier of the sub.aw.ardee. e.g.. the first sub.awardee of the prime Is the 1st tier.
5ubawllds indu'de but are not limited to subcontracts. subgrants and contract awards unde, grants.
5. If the o'1anizatlon fillns the repOf1ln Item .. check5 "Subawardee". then enter ttle full name. addreu. dty, state and
zip code of the prime Fede," redpient. Indude Congressional District. if known.
6. Enter the name of the Federal aseney maldnl the award or loan commitment. Include at least one o'1anlutional
level below ageney name. if known. FM eumple. Depart"ent of Transportation, United States Coast Cuard.
. 7. Enter the FedeF'21 prog1'am name or descriptfon for the covered Federal action (Item 1). If known. ente' the full
C~talol of Federal Domestic Assistance (CFDA> number for grants. cooperative ag1'eements. loans. and loan
commitments.
S. Enter the most appropriate Federal idendfyfns number .available for the Federal actJon Identified in Item 1 (e....
Request fM Propoul (Un number: Invitation for Bid (IFB) number: SF'2nt announcement num~r: the contract..
grant. or loan aWlrd number: the .appllcadon/proposaJ control number usil"~ by the Federal aseney). Include-
prefhtes. e.... -RfP.OE.go.oo,.-
9. For a covered Federal Iction wt-.ere there has been an award or loan commitment by the Federal aseney, enter the
Federal amount of the awatdlloan commtment fM the prime entity Identified In Item .. or S.
10. (a) Enter the full name.' address. dty, state and zlp cod~ of the lobbyinl entity ensased by the reporting entity
identified In Item 4 to Inftuence the CG\'ered Federal Ictfon.
(b)Enter the full names of the IndMduaKs) performlnl seMcn. and Indude full address If different from 10 (I).
Enter l..ut Name. Ftm Name. and Middle Initial (MI).
1'. Enter the amount of compensation paid or reasonably expected to ~ paid by the reportfns entity (Item 4) to the
lobbying entfty,(ltem 10). IndIcate whether the payment has been made ilctual) or will ~ made (planned). Check
all boxes that apply. If thl. I. I materiaJ enanse report. enter the cumulative amount of payment made or planned
to be made.
12. Check the appropriate boll(es). Check all bolles that apply. If p.ayment Is made th,ough an In.ldnd contribution,
specify the nature and value of the in.lcJnd payment.
13. Check the appropriate box(es). Check an boxes that apply. !tother. specify nature.
14. Provide a speclftc and detailed description of the seMcn thlt the lobbyfst has performed. M WI'1 be eXpeded to
perform. and the date(l) of any seMCft rendered. Indude all preparatory and related actMty. not just time spent in
ac:tuaJ contad wfttI Fedenl oftld... Identify the Fed.,. o#fldaJ(s) Of' employee(s) c:anucted Of' the O#flCer<I).
employH<s), 01 Memberis) of Consrea, that were c:antacted.
15. Check wt-.edMr or not . Sf.UL-.t& Continuation Sheet(I) I. attached.
'6. The certffyfnl,oflkf. thall tip and date the form. print hlllher lWfte. tide. and telephone number.
PublIC ~"I burden far this coIec:1ton 0I1nfanNdon Is etUlNted to ..ence 30 INntuft per ,...,..... indudInt time far 1'f'I4ewi"l
IMtruc:UonI. tnn:hInt I'lds*'I data 1GUPCet. ~ and ...........Ifw data needed. and c~ and I'e'Alw'ft"1l1fw cal<<1loft 01
InfGnNdan. Send c;oo~.""lltl ..~. tIw burden esdmata ,. .., odter ..,.ct 01 this caftec1bt 01 infonNdon. Ind.... -..,....dont
far redudns Ihfs burden. eo the 0fIIce 01 M~ and Iudpt. '''I'\l.~ leducl:ton '"'feet (0340046). WMN.~.. D.C. 20503.
a- .!
..
I
I
I
Repot1ins EnCIty:
P~e
01
'-
"oIIIfL 1-4 lei' lM:II ...........
..... ,_ . w..4
It. a!!,
I
I
Feder~ Re-g:ister I VoL 59, No. 46 I Wednesday, March 9. 1994 I Notices
20S07. Copies ofUUs notice are
Ivajlable in the foUOwing tlteroate
ro~ats: u..-g~ ?r::::. ~:-a;:!e. e!~__:~:
.::e 0'::' c:::::;;:~:e:' c:isi:. CG l\.l~o-l..?e.
C~=:~S ~6! o~~li.::!d ='J: ~e
?~b:.:.a.:J ens Ce::a e:' by c.1lli4:g 1-6 CO-
699-3362.
FOR FURnfER INFOAMATI~ACT:- _
Nichow M. l:u.eo, As.soc:iate Legal
Counsel Thomas ,. Sc.hlageter, AssisLl:1t .
Legal Cou:uel or ~~eec Oram. Senior
Attoroev (2021663-4669 (voice 1 or (202)
663-70i6 cmO).
SUP9UMEHT'ART INFORMATION: ne Equa!
Employment OppoftlUlity Commission
Iut published its nstems couces in
1991. To be in con/ormmce with case
UW, the Commissioc is proposing to
emend oee of the routine uses found Ln
tee or its eouces regarding c:Wc.Ios.i.ag
iACormuioa. to comply with a subpoen.a..
As presently WTine=., this routice 11M
allows the system mmager to provide
Informatioo wheo served with a
subpoena. even if the Covemment is cot
- !::!.~o the litigaUon or to the
a " trative proceeding. La light or
Doe Y. Stephen$, 1St F.2d 1457 (D.C.
Cr. ttN) md Doe Y. Di~nova. 779
F.2d 74 (D.c. Clr.ltUJ. the
CGmmlssiOll b.u dedded that the
1U\WICI ol_ subpoena by itseU no
lonpt qua115es u _ valid rouUu use describe ~
under sUbsection (bJ 01 the Privacy Act. EEOCICOvr-t EquaJ Employment
nue!ore. the O-O"'i"qon wi1J no /- ~ III the FedcU CoaaplaW
JaDcer maJ:e disdosu:a ill nspoase 10 . WI APS* 1ecarda.1oaUDe.....,.- Is
_lUbpoma w... Ib.~ Ia. 1m... U cIac:ribed abo.e.fA
pcny to chi fuelidaJ or _tfmi"'urath.. _dd1Uoa.IIM~._ pI'OpOIes 10
p~.. ID Ibose aaaaUou _b.,.. add. rautIu .... ~ clbcJosun
the Gowoeniment Is nO( - party to tile of !EO coaa~ &ad appea1 NCarda Ia
p~ records may be cUsdosed II rapcmse 10. ~ tor df,.COll_l' or ror
· fude- baS actuaJJy aIDed the appevuce ot. witness. WbeD the
S\lbpoeAl. ltl these cases. the disclosure requested IzIlormaUais relevlllt to the
will be olde Ln ac::orcbnce with slIbject matter Ua\'OlYed lD a peDdm;
S\lbseaiOD (b)(11~ 01 ~e Privacy Act. fuelidal at _tfmi"f~d.. proceedlag.
Other chmges Ul this DoUce VI the n. Comm1sUOQ believes that the
deletiOll 01 two rouUae uses aneI adeliUa 01 th1s 1'lN=e USI Will ..
additiOll 01 two other routiDe uses .to ~c:Wtate resoluUOIl 01 cWcrimin.atiOll
one syst~m 01 records &Dd the aclditioD complalDts Ua Ibe Federal CoYen1menL
of a roUWle use 10 &Dothu system ot. -.. _-" _..._ .....~
records. & u. Pf'O__ ...-.we uses__
A brief'des.cipuoa ol the major above IDee! the c:ompaCibility criteria
cb~ol1ows: IiDce the lDtonDatJoaillYo1ved Is
1 Ap &ad ~ Pay Ac:l coUeaed lor the pcupor. ol tb.
' Dlsczi.aWwioa Cue rue.. RGUdDe use appUcabIe I'INIIIM..... W. IDddpa..
.,.. is lCIended u desatbed above. Iti&llllJ discIoaan punuut to t.hese
EEOC-I ntJe W IIld AaI-c...n. rouUu uses 1IriU DOl reswllD Ill)'
With DLAblliUes AcI Dlsc:rimiaaUoD WlWlftlAled advene eO'ecls oa persoad
eu. rues. RouUDe use ..,.. is ameDded priVlCf.
u described above. fA .ddfUoa 10 da. ~ Doted
EEOC-SCGrrespoDdeDce lAd above. the ColUdafoa!aU amalded
Congressional ltlquiries. .RouUDe use severall)-stem DotIces to re1lect current
"b" is amcded u descnbed aboYe. fB cI L__ decl
EEOC-1 Emplo)'" Pay lAd Leave 0 CllWDes III -amID
Records. RoUliDe 11M ..... is amended u 'ppeacl1x A to mJlCl cwmu addresses
described above. of Comft'lf.t1oa ofBces.
n:oc-a Employee TraveJaneI A COIDpltfe Ust of aU EEOC systems
Relmbwsemelu Records. RouUDe use of recordS Is pllbUsbed below. Tbe
""'is amended u desc:;bed abo"e. . complele text oflbe nodca roUows.
E!QC..g Cums CoIIl'C"Joa Records.
Routi:e U~s "k" .....~d ..:.. ...~ :"e::o:c\'e::.
'7:.e C";=-"":.:...;.:~ :e:~~.,~.i ':=:=.=e:;~~
!;-om r..!:le t:ller::al Rev,!:,::,:~ ~:vic.e
..:::;~:~.:~; :...:.!.l :"':e C.lS'::':S~es pe:=;::ed
under them are overly braid. After
reviewing lbe rouUDe uses. aoc has
determined t.h..at routine uses Nit'. &.ad
-I" are aot aecesuzy. Il1 additio=., EEOC
proposes to add two Qew routine Uses
to this system to percit disclosure of
cl.uns c:ollectioa records to the Oefe:ae
Manpower Oata Ceatu. Oepcnment of
DeleAse. IIld the United StAtes Post&!
Service to cocdua c:.omputer IZI.ItcbiDa
Prosram. to locat. fedent employees
wbo ow, debts to the U.S. Covert1l:1e:lt
Wlder EEOC procrams.
E!OC-I0 Crievance Records.
Roudne "d" is amellded u described
above.
EEOC-l1 \,. R.ec:arda ol Adverse
Act10ns AlalDst NoDprefueaca E11Cibles
In th. Expecred Senfca. RouUDe use Mr'
Is amcded u desaibed above.
EEOC-t2 T.lephOlle C&J1 0et&i1
Recotds. RoutlDe use "c" Is imalded u
described ~
EEOC-U Employee ldecd!cadoQ
Cuds. RouUDe use ..c..ts amacled u
11057
For the Cammiuioa.
Toc!, E:. cC!~?S.
C':,.:~.::t.
E".:: SrS:f~S ct "f':~'es
aoc..:l Ace &Ad ~\l.IJ Pay Act
O~ticc c.u. fila.
ace-Z Artol':ley R.(ernl Usc.
ace-l Titl. Vi] &Ad ^melieu" WIr.!1
Oisabiliti., Act OiSC'imill&tioo C.W F'iiu.
~ClC-4 Biovapbial FiJ.,.
EEce-s Ccmsponde:le. &Ad
Ccllgl"tU iOll al I:lqu ili.,.
a~ Employee AJSis~c. ~~~
It.corci&.
ace-7 Employ.. PlY &Ad Len.
R.conI..
a~ . Employ.. Trnel and
Rewbunemelll ~.. .
aOC-t CIWS CclJeaiOQ ~Qs.
ace-l0 Ct1ev&zlCl Record..
~11 Raa,nf. of ^d~"e AaiOlls
^CaWt Noapnfenac. E1lcibla IIIlhe
Ezapted Sc:vic.e.
~t2 Tel.~ CaU DeUAJ ~L
~U Emp 1dt~~L
EEClC-t4 Emplo1tt PukJq ltcan1L
aOClCOvT-l ~utl Employ:wal
Oppor1Wlity III r.b. FtdenJ eo..n:m.al
ComplaW lAd AppaJ lecorda.
EEOC-t
ITS1'Dr ~
Ace IIld Equal Pay Aa DlscrimicatioQ
Cu.i FUes. .
sma. LOC.llQc:
FIeld 0Qb -hee the cb..ute or
complalat ol dLscri:ww1on was 4.!ed
(see appccUx AJ.
CA~M~COYQc 'T~
ImDc
Penoas other than federal emplcveu
and appUClDts who tile chUies or .
comp1a.i.cts with E!OC alIegiZlg ll:.1t an
employer. employment agency or ubor
orgWUtJon has violated the Age
DiJaimizlation lD EmploymenrAC'toC
1967 or the Equal Pay Aa of 1963.
CATrGOAlES M AICOAOS Ie 'neE rTSTnc
1'1Us system cootUns the records
compiled dll1"i.q che iIlvestigatJoo o( age
md equal pay cfi..saimWtJon cases.
These recotcls lD.c1ud.:
.. Doaamalts IUbmitted by ~
put)' or COIDpLa1a&Dt Neb u dwie oi
d1scrimiaauoa. penolldlDten(ew
It&temeAc.aneI comspoDdeDce.
b. DoaamIDts Nbmitted by emplo)'er
suc:b u It&temalt of position.
comspondcace. Sf.<meDts of
wiClleaes., documlDWy nidence such
u petsoDDeI !.Ies. records 01 eamings.
employee benefit pJus. seniority list.
job ddes lAd desciipuons. appliClDt
data. orsWzaUoaaJ chuu. COUecd"e
~ qrtemIDls. peUUon 10
revoke or modUy Nbpoena.
c. Recorda lathered" IDd gecUlted by
EEOC ill the COurH 01 Its Investigauon
I
11058
I
~'" -4\- ....J
federal R~ister I Yolo 59.. No.. 45 I \\'ed::esday. March' 9. 1994 I Notices
s:..:c:: as le:~e:"S o( :ere:':"a...l ~ s.:a~ !li.:
c=;:<.-::-.e::: ;:~':::';c.es ageoces.
cOr.'eS:lo~ce::lce witb t"w1le (air
":::;::::.-:::e::.: F~C"jces ageecu. .....llness
s:ale~e:1U. m~or's DCIeS. .
1::VestiSiti"'e PlAn. te~lUI!iAitiaJ and
. Uit 1::ler."iew. i.zwestigltor's &Zl.I1yses c:.t
evide::ce Uld ~. IWlpoeau, .
d ec:i sj OQJ a..c..d lette.,"S ot de~rmi.na ti 00.
COQcll.tioQ &greemcu.
ccm:spccdenc:e &Dd any Iddiuonal
evidence guhuecl du:ing the course or
l.l:e 1:: vestigltioa. .
AIITHOlVT"r'~ ILIJNftH.ucr ~ 'n(r STn'EJc
S U.s.e. 301: 29 U.S.e. 209, 211. 216.
217,635: 44 U.s.c~101.
1l0UTM USES.OII ~ ~1.aoIG .. ".
~ ~CA~r::. usnsl..'ft:I
TMI' "V1lI'Q$EI,. aoc ClIO::
These reecrds and lDtGnz:aUon in
these I'eCl)tds mlY be UMd:
.. To dl_1ose perdDct fAtotmatioa 10
· !edrral. ~te. or loc:allgeAcy or third
party IS cq be appropcate or
ceensary to pma:m the CommissioD's .
fu.caions UDder the Are ~~D
in E.mplo)'meAt....ct or Equal Pay Act.
b. To diKlose lDtormalfoa ......,.,..td
in these rec:an:ls to ltate lAd loc:a1 .
agencies .dmi..jsterlDS lUte or 1oca1 ~
employmem r-.... Jaa.
Co To d'eeloH DCIl-""-fft! &ad
ZlOD-pri,;!epd mflll._.... fram dosed
ADE.VEP A cue !lei (a !]a ia c:1OIed
wbeD the o--'-sioahu ~.~
Its invesuCWOD IAdJau decided AOt 10
suelto the employer where . Jawmll
bas been filed 19.Wlst the employer
in\'olv;ng th&t lACcrmadOD. to other
emploYIft or the same employer who
bive been DOt1fieQ by the Co--iuioD
or their right =der ZI o..s.c. ~111o ale
11a.WS:Ut 011 their OWD beha1t and theiz
re p :"l!SeJ1 ta%i Yes.
d. To providelDtonzwlOll to a
CCl1paQOQaJ ollie:. has tbe NCord 01
an inciirida&1 = ~"Io a IDqu1ry
fro= the ~ D85ce made at
the teqUat 01. pm, 10 daa cbajL
e. To "'eclose ~ 'IIr ...adoa to
the apP"'pf'iate ... ar local .
IseGCf respo-ible l'ar ~dq.
prcsec:u=c. e~ orfmplemctfnJ
a stil1Jte. rut.. ce.uoa or Older.
. when! the EEOC ....,..,.. or aD
indicati01l or, ~o~~aaUal
violatioa 01 d'riI or law or
regulation.
r.,.o d.lsdose iDformadOllIO lZlocher
(ederal -pDq., to a coun. ar to a pcny
10 litfgllioa betore , court or IIlIZl
lc:imiJUsuoadve p~ belq
conducted by I (ecleraJ ~ wben the
8o\'e:n:e:t is . party to the 1ud!daJ or
Idminir.ntive ptoc:eediq.
"'-:L~~S .I,": F..a~~ .:.:_ ,::~~.
II~IE''''''C. ...c.:t.S.s;"'G. 11[': ~'< "'''0
e::s>:s~:~ "~:,::~:"'l ~-'! ~1lI':
STO.....~E.;
. These l"eCOT"cU are c.:11 tlined in file
(olden and in ~ltIputn P~q!)le
storage :nedil.
U1'JlIE"f'AllUTT:
These records ue C"OSs-bdend l:ly
c:h.arging pany nace. emplo~r DIme
and chute n~. The ~ may be
retrieved by InY of the ~ three
lcdexes.
~,.1ItDS:
PIpe: rel:'Ords are ~ta!ned in a
seaued ua to which onJy luthOrized
pe..oosoaneJ ba'nt ac:ceu. Access to IDd
use of these hccn:is ia !idled to those
persons whose olfidal duties ~dN
such aazss. The premises are JoCbd
whee aut.hD";9-d pet'socuW are not 011
duty. Access 10 c:.omputeriud lec:ords Is
limlted. through use c! IGC2SS codes lAd
entzylop. 10 those wbose of5daJ dudes
req~ aexas.
AITIHTlcN AHD ~
Cues that ve ~-ifSed or dosed (or
other thu DO cause are destro,ed siX-
IZlODths 10Uowiq the cUse _of dis::ma.a1
. or cIaan. No CII&Ie m. __ of
....1Il dw ~'"'aI.t olllma dass
acdoa or p&IktA uct practice cues an
reUNd 10 the Feda1 R8cord.t C".aIw
oae Jell aAer the dA&e 01 &U 1ut ICI10a
cd destro,..,d dulhn. aA~I1""a1
yeaa. AD othu ~ cause files are
destroyed ODe year a!.u lhe due o( lbe
last Idoa. Negot1ated .seuJe.mezu 8Jes
ue clestmyed OD. yeu a!.u the ~I.....v
yeu ill which the senl......,t ~
is sicned or after &l1 cb1ipti4&u UDder
the .~m.eDt &n J4tis!ied. w!W:hever
occun talC. Where mODewy bceSts
are tea1ized l.D ~ Ace. Equal
P.y, aDd nt1e vn cues. tJ1e file is
destroyed three years alter the date 01
the lut laioa. Other fila Ire nUzoed to
the Feden1 Recards Cesrtc ODe,...,
afte: the date of the tat 1Ctioa.'
IIldudiq Ic:t:ioa = the redeal COQftI or
the last ~l1cce ~ {!be &Dal
repen submitted by the respoadezu alter
condUatioD to indicate compUaceJ ad
desuayed after three IddidoW J'eUI.
except ludmark cues. Ufttl....~ CUes
are traDs!er:ed 10 th.UeG'eSl Federal
Records Cctet two yean after ba1
COWl aaic= anel offeM to the NadODd
Arcb.Ives tea )"I&rS alter 6Aa1 CDUft
aalOD.
ImDI MAIIf.lGD(SJ AHa "'-as'
Direaor oflhe field of5ce wb.ero the
charp was 61ed {see IPpend!z AI.
$YS'7i'" U("F7(: ~~c.. ccu.:,., ,.c"-::;~
0' ~f .ocr.
T~is SYSle..":1 u UIl:::jll ~e.. S t.:-S.c.
5S~(1:)(2l from JU~ocu (c:(3 I. (d L
(e)(1I. (e)(4)(Cl. te)(~l(hl. (el(~)(n t=d (D
o( the At:L
EE0C-.2
S'mnIIWoCL;
At1nmey Rerem! list..
S'mnIUXAnoH:
All District Offices (S~ .ajlpeQ~~ ^'.
c"'~1ll'n Of' 1NCrt1DuJ.U c:c~ IT T'H:E
sm'Dt:
Attome:--s ....ho represe~l pi.a.:..cyf!J ~
employment disai::zWw.ian 1i~gilJOQ.
c.AT'I~ 0' MCC~S .. 'n<I SYnnl;
This system COntAi.z1s I1tome)'s'
D&mes.l:lus1neu addtesse.s &.cQ
te1ephoa. nu.mben. the c.&1w-e ~d
1m0WU o( d\ll rights UtigitiOQ
experience. llatA! &.cd (eden.l bar
admission. wbe:her the ~., hAve
the capadty and c!esire to . e c:1a.u
daas; whether the IttOfUe71 ~e
~OD tees (lAd how 1DUCbJ:
wbether the aUonle71 wiIJ waj,.. the
COAIWtatfoa fee: the types ot (ee
In'IIlsemeDts the &:tofUe)'s Will ~'pt.
lAd wheth.r the IttameY1 Jpu1: a
lONip lanruqe Duw1y.
.tUIHIaIrT "'1f.Utr'8c.uQ c- n<< I'mDc
4.2 U.s.c. ~fa3: 44 U~.c. 3101.
IlOCnIIIwa 0# ~"""".&.t<<D .. 1')j(
hS1'Dc, N:WDN: CA1'ICOqs 01 UUlU.ue
'nlI "'QiOSQ 0# IUOC USES:
These reccrdJ a..c..d inIomution i..c
these l'eCCrds ru y be used.: .
.. To refer ~ p~ ID
It~ who!wld.le Utigitien of
empl~ diCl"9i"'i".'ien ~\Yiuiu.
b: To pre vide inIOtmitien to .
CODsr=icuW Clmce !ram the recctd of
In IIldit1duallD response to an inquiry
from the CODsressiozW oaic:e zzude II
the nquest of ~ individw.
POuCIa 4.0 ""ACnC:Es ~ nOMIC,
~ #l"I"fUIC, 1InAHNQ, AHa
"""a ti..Q 0# AICClMs .. M.I'm'rIc
I1'atUGI:
Stared on prepared lDrms &.cd index
cards.
III1MVAIIm:
IDdaed alphabetic::aUy by names of
the lIlomeys. .
....-.ce.. rms:
~ to this SVSte= of reccrds is
lHbi~ed to EOC perso=e! who hl.Ye
a ""tf'ate use (auhe iAton:laUoa.
T2Ik .,.. is stored in Bllq cabinets.
IlIf ...rtQN AHa OISl"OS ~
F11es are zeviewed md ~ed
WluaUy. .
. ).-"
I
I
Fod.nJ a.p".. I Vel. 5" No. .. I Wodoe"d.y. ~ .. -. I Nod.",
nr.t:w IU..luCQ .uo.:l ~:::.:
.~::=..U ..a.::OI:e-y at uQ oi:R:ia
OC:ce (~ e;:opc-J..b; ...!.
~~I'lI~
Iaquizies ~g this $j'~ ot
~rds should be .~ :0 the .
a?proprUle S'J'SI= ~ge:. Ills
n__~11? lD funUsh 11:. foUo~S
WOnl:2.tioQ: (1) Full ~ or the
!:lclhidu41 "'bose records are ~l:ested:
(Z1 maill=g Idc!res:s to whicA hpJy
s.Could be teut..
lliCCAO "CCas "oc:EouRa:
Sam. U IbO\fe..
~ ~ ""OCC:I1lU:
5&=. U abov..
IIIE~ ~c.r.:'t'G~
Th. tDctiYidu.aJ CZl ~om the recard j.
DlaLDl&iDed. .
ErOCo4
Il'ST'tw ICAIC;
TItle va ud Amerieu. W"1da
Disabilities Act Di-=rt:Unadoa c..
FDe.
ImtM l.OCAl'lClIC
FJeld omc. when tbe~.o{
~tioa was 4Jed (see eppecd.ix
.u
CA~06IClM1C1u.au~ 17_
ImDc .
~ Odacrdaaa ted.raJ~...
&ad Ippllcuts. ~ 81e ~
a1JesiA8 &bat &a -!=loyer. aapJo,..
Iseney. "bar arp..i_tioQ at 101M Jabal'.
m~e~ .PPl'eDdceship ~
hu violilad Title VIr o(th. Ovil JUs.bts
Aa of 1964 or tha ~ WilJa
Disabilities Act 0{ 199o. or bcQ.
CATtCCItlES M 1lI!O::lftcs" nc ft'S1'Dc
nw svstem c.oD~ nlCOrds
compiled during the iA~aa ol
nee. c.olor.l'IUgjoa. MX..&Ad JIMf-d
origiD ~ CUes ~ c::ues ot
dJsaimtudoQ acaiasr IDdiYidu.ds willa
disabilities. nese re=rds tcdude:
&. DocwaIDU ,w-1-4d b)' ~
p&ny, r.acb as cDu;e oI~
pe~J lDter\1ew statesaaa. mM~
I"tCOtds &ad co.,-~
b. ~cts submiUed by e.aaployv
such as ~CemenL ot p-iyca.
~deIICe. staf.e:Deats 0(
Wf~ docu=enr..zy eorid6ace cda
as persoQlle) ales. ~ at ~
EEO data. employee befte6~ ..
MDfority Uat. fob ~tJa aacI pdoas.
IPpUcW data. Grp:IUzadoaal ~
coU-="~~CI.
l*1Uoa Co mob ClC' ~ -.. ~
c. Records lUbered ~ t-*ed br
EEOc lD the <lDl.Ine 01 Its lD~
cuch as letten &0 s~e oj facaJ lair
e::JpIOj':e:.t pn.c:.ia ~s..
ccl7'espood QCZ ...,:.!: r~ {~
tltlploymeru pnc::ia 'li'e~ W1~C'U
ctateaeeu., i.a~, DOCa.
lDWSUgldYl pIaL, inYestj galer',
analyses 01 the evidel1Ce and ch~
report ot UlJUaJ and exit iDtUVi.ws.
COpy ot de(eml to nr.e. n1~u.
decisions &Dd lenm c( d~I'tioQ.
lA&Jysis ot defm-aJ .~ laion.
CODc:i1Rti01l egre.e=c1u.
con:esPoedaac:.1Dd 01 eddltioaaJ
nicIerQ .,chawd ~ the <:aune 0{
th.faVest1SIUoa.
.t~ '0. M.t~ ~""I'rftac
5 U.s.c. 301: 42 U.s.c. :ooo...s.-t
and -9: C2 u..s.c. 1%111.... u.s.c.~Ot.
U039
v"~ alc-.ll or ~-~l./!...-..."V
~C'_
L To d-=ose b/~ to ~
(edq q=cy. 10 I ~ ar to I P<<ny
lz1liUgIUoD before, COW't or lD a
'~strat1v. Pl"OCeoecU:S betas
Cl:U1ducted by I (ede,..j ageDey "'ben tbe
p~~ ts 1 Puty 10 tbe juc::c:n1 or
.dmwstn tj ve p 1'Oc:e-edUtg.
"OUI::ln ANI) ~ encQ I'Q'Il mlltlllQ,
~tBIQ, Ac:c.SS4olQ, Iln.lHHQ AHa
~ Of# ~"nc 1"TT'Uc
~c:c
nese records &.re mainlAJr.ed !:l fiI.
(olders and iD computet P~sabl.
Aonfl media.
~A&I.Irt:
n.. recorcUue ~oed by
cbugiDa puty ~am.. employer ZLIme
IUd cb.aije DWzIbu., 'Th. NCcrds may be
retnned by. any or lb. abov. I.!ltee
1Adeaes.
~ .
'aperl'4lCliirc!a CllII'lLII (-.(~ ta.
IeCl.uwd .,.. to -uJda oa.IJ aulh- . -..d
P----..l .." &cl::a&. Accea ~ CDd
UN G/ tbes. ~.u ll=11.d to tbo.
pcrsoc.a \whose oaid&l dlUf.. ~
aId& ICCaI. n. Prazwe. ate b::l:ed
wbeta ~2.A..d ~ IN DO( oa
~.~ .....--u
-led. ... G/ ~ CI!d,.<<Qd
Qtry lop. &0 ~ onscw dades
requu. aa:eq,
Ilocmc U$IS 0# uco.c. ......." ..~.
~ .-eu---...ftGOlItIq 0# UIUa NO
nc 'UlUIOIu 061UQt 1ISa:
1beseftCards ad ~ 111 .
theM I'IClOrda IDa)' be uMd:
&. To dCscJOM petUDeDt lD/onDat:iaa to
I (ed.n.!, ltat.. or Joca1ateAcy or dUrd
Pelt)' u 211'7 be apprapdae._
-. l'} to I*bia dM c.a. . r liiio'.
AmcUoai .a. nde VU otl.b. a-u
RIght_Ad atlM4 CDd lh.,Amezk:aD.
Willa DlsabWu. Aa ot lV9a. '. .
b. To ~...,.".~oa _~
.lb -- recarda eo --ad Jocu
~. .........lIr~.... ar Sa:aJ &Jr
-pJo,-~...... .
Co 1"0.11-' t --. - ~J -<I"..
DOa-PiMJeted Ialariaat;fOQ COZI~ Ja
lIa"'--'lOdae~~
ca.. aodat 01 dpt &0 ... _ bee. -. _T......... ~l:
Issued: Cnes dI. Ire d.is=ined or dos.d (or
1. Agri,ved pu:r.aa. cd ~ GI.har tAlA AG C&IUe 4lW dest.:aYed We
.c.tanIeya aa CUe me. Ua"OlriaS ~ toUoWiaS che date 01 & _. ~1
('.........'-........ a.,... p.tcMd,ed &bat or cJOS\Il'e. No cause AJea ~ arw ot .
~ peaoaa bn. beea DOUSed 0I(bW vaJue LR th.e dee.telGpment oIlutw'w cUss
status .. aQrined penozaa; .'. . aaioA or PCUaaa ADd P~c::dc. casu ue
Z. Pcsoaa cr OtJantzadODS 6liDS oa re.tited to ch, Feder.l ~ CAuter'
heal( of &a aarfeved P'nall pI,,~ ~ on. yeu lAer dle dit. of &be last adon
thai the aariaved PC'JI:m has CiYal IDd destroyed der ~ adc:l1uCDal
writtq a~u:baru.doa to the pcsag .00 yeus.. AU other DO Clw.eBla ere
4!ed 011 b!s or ta.. !lebaJf to act .. che destroyed ODe Jell' after the c!ata of the
aqr'fl'lld pmaa '. ~ lot t:b:ia last acaoa. ~dated MUJa::aat 61ft
PUIpOM. &ad their.~ II't desu"lec1 OIle Jar der the c:aJeDdu
J. Em.,.. cad 6ar~ ,., fa wbJda the.ertJemau ~c
Prawfdecl tIW-ibe ~I p.ny or 11 aped or lAer.u oblfslUoaa UDder
~ penaa as tiJed SUJ( under the IlNeCDeDtl:8at:lsfied. ~et
nt:e VIr ar elM Amc1c:uzs WItb oc::aus J.t&. \\'ben 1DODeta.-y -ef~
DJsabUllles loCI. or boda. II't na11zed fa CGDQ&nau Ai.. Equal
cI. To Pftft'fde ~ to . Pay, TlcJe VU &ad Americuai WI&&
CGIlJr'etaoaaJ ofBce tram the ftc:Drd of DisahWdes Aa aaes. tIl. 61. Is
III Jzadf\'fduaJ fA ~ toaa~ d~ t!:te ,., a4er t!l. date of
hat the CDIlIreaiac.J olBce madi It the last &cUQIL Other Ita ate m:ired :0
the ~- oItha lzICjYiduaL the FederaJ Recards Ceatc oae "..
.. To~ ~~ 10 aAertbeda&eoltbe lutacUca. .
che ~~..pdaIe (~ .... Qf Jac:d lDdud1Dc.aiaa iD the l<<fuaJ CClWU or
lpad.. rap ~Ie !GrUa~&~ th.!ast campZla.a,c.ln(ew (:he liDd
P~1iDc. ealCll'CbS arimpi~s tepon submitted b)' thel'eSpCD~ &Ilu
a statute, nde. ~ Gr order. coDc:UiaUoQ to lDdJeat. complll.llc:e) &ad
white EEOC becii:::MS.... Gt III destrayed lAer three ~doaaf ~
'-U 'oa ala "-'Ir.!a:a or F'I ~ except 1aDdmad: c:aes. 1........,1rii: CUes
~
11060 I
I
Feder.a.l. Re-oister I Vol. 59, No. 46 I Wed:Jesd.ay. Ma.rch 9, 1994 I Notices
-;.... '..~. J)j
Ill"e tra.zu(emd 10 the Z2e~st Federal
Records Celller two yeus ~er tU1al
coun actioa and oCI'ered 10 the Natioa.al
Archives tea reus a.fter final ccun
lCtioQ.
S'l"STDlIoCA IUC[.It ......0 ADoltUs:
Director. Office ot ColZl.ZnWtic.atiocs
alld Legi.sI.tiv. AlTain. EqIlAl
Emplo)'tl:leZ21 Opportunity Coauniuioc.
1801 t S~!... ~~.I/.. \1/4S~.":~o:::. DC
all individual in respOllSe to c:
from the COC~Uioral ot5~ a
I"e<juest of lbe Uldi..;du.al.
b To c..:s..::!'::;J! :..:::.-:::.:'..:::: :
~-:-'=.:.~ a~-?:ci. to & C':~-... c:- rc
i.:: litJgi!!.:o::: !:'!:c~ e ::__ :. ..:.
e=-~;':'s:"~:,;ve ;::ocee~g b-e:.::
ccnd l.IC'led b). . feder'll age:::C). \
govel'U.Cle.a1 is I P&r.y 10 lbe jUC
I d=l Uti stn. ti ve P 1"OCeedi.c g.
"OUClu ""D ~C'TlCn ~ll no RJHC.
IIETlIJEYlHQ, "C:C~ ~~ .u.
CIS I'Q$jHQ ~ II E co llDS .. n. E s-rnn.
nOll"CE:
The records I.I"e maUll4.U:led Ul
abinets alld on compuler t.lpe.
s~ w..ouCE!l(S; "-"0 A:::~Es.s.;
Di.rec::r of ~e field omce w::e:e ~~
Ca.-ge Wu fiiec..
mTtws ~ I'llOIf CUTAM ""OvlSlOHS
Of: nc ACT: . .
This ')'Stem is exempt ILllder S U.S.c.
SS2alil(2l from subsection (C)(3). (dl.
(e)e1), (e){4}{C). {e)(4lCHl. {'''.4len. alld (O
of the Aa. .
tt0C-4
""'C~"
-"*w\i, .
1oO~':-':. ~':H P~OCCI.'''ES:
u:qWries CQllCenW1g this S)'Stem ot :
~rd.s showd be Idd:es.sed to the
system mall"ger. All LZlquizies &bowd
Iwnish the full aame otth. i.ndividlUl
alld the a:1.ailUI g Iddl"ess to whi ch the
"ply sbowd be m&.i..led,.
IlECCllO ~ ""0C:r0UtlQ:
. s.m. as above..
'.
~ ItrecltCS ""0C:rrIcMa:
'''''''- ....... - ""'''''''"""
Bl.....hlceI Files. Co""PO_d.n" .... m"."".
.,..".....- .-....... "....- Con..... b IodOT'd .J,h,""ti'>!
015<0 .1 """""""'''..n...d . ~dl';d..J t. whom lbueco,d :~;-:;:n'd::~:: :::d;;.h:.. c..
I..gi.lo.vo AlWn. [q..J "'plnym"" .Jph."".eolIy by lb. I... n.... ,
Oppo."",,, eo........... "01 L 5...... EEoe-. Iodl.;d..J moktO.lb. Ioq.uy"
MV.. IVuhln,t... DC 2.'.7, " ........WE "bn.. bobolt lb. Ioq.uy Is mod.
"....-.. -"" ............ .. CO...pond......d Coa......ocoI Comp...".",,, ... -".bl. I
STSIDo . '."'- '. ..... nl..lbn, n/o I..... by nom
Cumot ud - CommJssin..... ..nnn ., ,.... ..I.",.. I,"" t,
c...<aI Couo.eb ond Co""""".n. ............- OUi" .1 CO_....".""' ..d
n........ .' ., . 0"" 01 Co_uni"._ ..d Lqblo.vo Mobs. by oubjoa, by ,
' . /.qlslo." Mobs. EqnaI"'plnym"" . -<d. by ..Iu.n<o n........ by ...
".....;.... _.....,: smuc . . OpI'Onuollr r_-l.dno. '.., L.-.. _.. tn "bom """'id. ..d by .
hodud..I....cb lb. -'. .d.,. ond MY. W...........11!= _. "'isoed. d.. ..d ........d.
p'- 'I~~~ ~~.ym"" . "-00_.. _..h _IT.... _........
""""'. - .- -.-.' .:,... _.~ - .
lolonIio.no. . " '. . .' .om.... . '. "': FU.. ... bp... 'odin. m.....,
. . . ....: ClouIlaa -... - ollhe '. _IS 10 tbo 0"" 01
.-- -- ....,.1Tmsc '.:' -.. w.blk. --. ol~ Communi.;.:.OOS..d l.esisloliv.
. <<u.s.c "ot, .. u.s.c. -.... . ood ....... ond _ EEIJC" ..... Mobs. ><hlcb 10 1000d 'vo""""
. . . .. -.................. . """'- '"'" - ..... 10 EEIJC . Weokeads..d b.UdoYL Comp.,,,
=:::.:....-.......... .......-........ or ......- ""- lot.......oo 10 ..dO<! ..;lb.<coso
... - ..-- .' '. ~... ..lomd 10 tbo 0lIlc0 of . Umltod tn ...pJoy... .1 lb. 0",,,
nOM -. ud w.."",p...Io.' c.au._ ood Loslo""" AlWn Co_"",,,.... ..d """.tiv. ^.:
- ~ iaa, bo uecI. . ',.. . lor -- ....d lb. OUi.. .1 Inl,,,,,.u.. Sy.".
&. To IDSWV pUbUc IDe! =DgressiouJ C41'tCOIlID Of: ItECCIlCS IN THi I't'ST'DI: Servtces.
ilIqWriu regudU1g ace . ,_ " Er II L_ ot
Co-_I' Cen ral Cowuels &n'd &. wqUU1es om "".mgers IlETtHTlOH AHO OlSPOSAL:
. ~"!""". · . Co."..., lb. Whi.. H.......d Co"""'d.o.. b m""lotio.d r"
c.m........ olIldoIo. . mom"" .llb..",onlpubUc, t1u.. yun ~nm lb. d." nl <h. I..,
""'-... - -........ . . Iodudiq....... ood lonoer EEOc .....'P..d.... tod <h", d...,.,y.d
........... --...-... . ...pl.-- '.. Comspood.... ....., iof'''''",n
-.. - .....1Tmsc b; EEIJC..._ Iolho -. m""lotio.d in lb.....pu..,co, I,",
........, . ... .: . Inqulrieo.. )'eOn..
SI red !II 1....."1-- eta! file cabinets . c. ColDpuler tnckiDr l)'Stem .
. · . .......... m 10' . ,,; . Indl"lln8lb. dolooloquWs... . ...... .......IS) ... .....", .
.vollob/e 10 olBco ...p --..... '. .......ved, to ""om tod "boo.lb.y ... . Dinaor. 0,"", .1 CO....""'..ti...
.........." '. . . ':: :.: ,Wiped lor........ ood lho do... tboJ' ...11......."" A&ln. [quo! "
.~..,...._oIlho. " '. '....~. .' . "'ploym""Oppon"",lJ,Co_w>o
Comm''''_. - ~ or ,. .: . '.......... _ __........... ...., L S~ NW.. WulUo..... DC
CommlosIoa - ':.. . .. U.s,c.-".t: 4Iu.s.c __ ....7.
~1WlOI: C .. .' "ouncr ~ 011 "I~ IWHI'MCI.. TIel H01VlCATIOH ""OCGxIlIlI:
~ ... bpe 10 tbo O_~ .' . __.._ .._... InquIries "''''''''..lbluY'tem .(
eo.........._ ood Loalolo~" . .... _...... _ . rec:orduliOul<l bo ..u..."" t. <h.
Maln. whlcb 10 ~ ...~ :..' n.... nConh ood -tIoo 10 ""'m _or. AlIinq....."b.uld
~ tod boIidoYL .'.. . lb... -.It mo, bo 1Ised:, lumlob tbo lul1..... .1 lb. Iodl.;du.,
. -... - "...'... . ... LT....- lot_lo. oed lb.moilioa .ddross to willoh lb.
' M.lolSlliod ___dr:. . ''; . ;: ~ .1800 /rom lho -.I 01. "p!y oIa.uld 1M m.lI~
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