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99-187Council File # 9q " �O L Presented By oRi��a�. Green Sheet # ��SO�p RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date Referred To 1 WFIEREAS, the Saint Paul Aepamnent of Humau Rights is a Fair Employment Practices 2 Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enfoxce Title VII, of the 3 Civil Rights Act of 1964, as amended; and, 4 WFIEIZEAS, the U.S. Equal Employment Opportunity Commission (EEOC) is authorized by 5 statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to 6 enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commitment 7 to developing and enhancing a system of "partnership" with FEP agencies; and, � 10 11 12 WI�EREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights far the 1998/1999 fiscal yeaz, therefore, be it RESOLVED, that the Saint Paul Deparknent of Human Rights is hereby authorized to execute a contractual agxeement with the U.S. Equal Employment Opportunity Commission to investigate dually filed employment discrimination complaints. Requested by Department oE Adopted by Council: Date ��q�� AdapYion Certified by Conncil Secretary gY' �� \°—� �=��'�-' Approved by yor: Date � l�t' f/ By: Human Rights By: W.H. Tyrone T rrill, Director Approval Rewmmended by Budget ' r.� B �y-�� `„�--�-�C Form d by City Attom . gy.—j- � � ^7"" �jr `' G Approve ayor for Submission to Council: By: _ 99 -18'� �. ��<� : _�. W. H. Tyrone Terrill - 266-8964 TOTAL # OF SIGNATURE PAGES 2nor99 � GREEN SHEET No so5os ■ u �,.R,��— �d„��_ � —� `—= ❑ � �..�,� �„«� Q�� a �wro.taewsa�srum i�l�e�� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Authorizing proper City officials to execute a contract with the U.S. Equal Employment Opportuuity Commission for the provision of investigative services. PLANNING COMMISSION CB CAMMITTEE CIVIL SERVICE COMMISSION 3:�, Hes this c�rJfirm everMOrlced unaer a coMrxt ror mie department'7 ves rio Has this pe�rtn ever heen a city empbyee4 YES NO Does this pe�soMim possess a sidll not rwrmallypossessetl by arry curreM city employee9 YES IJO Is thia persoNfirtn a tarp�etl vendoY7 YES NO �lain all ves ansveis on senarate sMM aM attach W nreen shcet Work sharing agreement with the U.S. Equal EmploymentOppourtunity Commission (EEOC) regarding investigation of employment discrimination complaints. Department of Human Rights would receive remuneration for investigafive services provided on employment discriminafion complaints at an amount of $500.00 per charge and costs incurred related to training. None Department of Human Rights would provide investigative services without remunerarion from U.S. Equal Employment Opportuuity Commission. AMOUNT OF TRANSAC710N COS7/REVENUEBUDQETED(CRtCLEON� VES ACiMT/ NUtABER � (IXPWN) g n �° �b°i.4+�'.vc� �!�.i'v":aPi�v i ".d't,i�a'�3 F�� `� �� 4.. _ e _.— " :l� : i��:.. ._k ., . . tl ='��5� � ea3 6 �'u hn :.]`✓ F�� 11 1a99 NO � 9q - ^ AMENDMENT OF SOLICZTATZONJMOD2F2CATION OF CONTRACT 4' t0/O1l98 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMEHT MANAGEMENT DIVISION 7801 L STREET, N.Y. ROOM 2505 YASHINGTON, DC 20505 ST, ?AUL HUMAN RIGHTS DfPARTMENi 75 IJEST KELLOG BLVD., ROOM 900 ST. PAUL, MINNESOTA 55702 , street, 9JSOtOf1502 (If oiher tfian Item 6) E�UAL EMPLOYMENT OPPOR7UNITY C�MMIS MILNAUKEE DISTRICT OFFICE 310 VES7 411SC�NSIN AVENUE SiE. SDO MILUAUKEE, VISCONSIN 5320'5-2292 1 �\ co, OS/29/97 C� e) 15. THSS ITEM ONLY APP17E5 i0 AMENDMEN75 DF SOLICITATIONS ❑ The above numbered solicitation is amended as set forTh in Item 7G. The hour and date specified for receipt ofi OffefS ❑ is eXtended, ❑ is not extended. Offerors must acknoN(edge receipt of this amendment prior to the hour and date specitied in the solicitaiion or as amended, by one of the 4ollouing methods: La) Sy compleiing Items 8 and 75, and returning copies of the amendment; (b) By acknouledging receipt of this amendment on each copy of The offer suhmiiie�o� ([) Sy separate tetter or telegram which inctUdes a reference to the solicitation and amendment n�unbers. FAILURE OF YOUR ACKNOIJLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT �F OFFERS PRIOR TO THE HDUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YWR OFFER. If by virtue of this amendment you desire to change an offer atready su6mitted, such change may be made by telegram or lecter, provided each tele9ram or letter makes reference to the soliCitation and this and is feceived prior to the opening hour and date speGified. SEE PAGE 3 FOR ACCOUNTING AND APPROPRIATION DATA X 13. THIS ITEM APPLIfS ONLY i0 MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14. on cata, etc.) SET FORTH ]N neK cspen ry type or motl�tication antl authority) CLAUSE H.70, OPTION TO EXTEND THE TERM OF CONTRACT. ucn as OF FAR E. IMPORTANTi Contractor ❑ is not, � is required to sign this doasnent and return 3 copies to the ect matter PURPOSE: EXERCISE OF OPTION II X � 7l5010)9169 ngs, Pur5uant to Clause H.1D, OPTION TO EXTEND THE TERM OF THB CONTRACT, the Government hereby exezcises Option Year 2 to extend contract performance for a period of nine (9) months commencing October 1, 1998 to June 15, 1999. The contract will be modi£ied to extend the period of perfozmance £rom June 16, 1999 to September 30, 1999. Due to EEOC's aruival appropriation, EEOC can only spend £unds from October 1, 1998 to June 15, 1999. < See Continuation Sheet(sj > provided herein, all terms and condit9ons ot the document referenced in Item 9A or 10A, as heretofore . �:,.� ......�.-..,_..a __. :_ ..� "" _' _ `__' or pr BY JEFFREY A. ROSENFELD CONTRACTING OFFICER �» NSN 7540-01-152-BD70 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS E�ITION UNUSPBLE Prescribed by GSA FAR (48 CfR) 53.243 °l`i-�8q Al2ENDMENT OR SOLZCITATIONjMODIPZCATION OF CO27TRACT i �' CONTRACT ID [DDE � 2. AMENDMENTIM06IFILATION N0. 3. EFFECTIVE DATE 4. REOUISITIOHJPURCHASE REO. N0. 4 ( 10/01/98 ( 9/5070/1502 14. DESCRIPTI�N OF AMENDMEHTJMODIFILATION (Or9aniied by UCF section headi subject matter where feasible.) - C�NTINUATION Ef£ective as of the date in Block 3 of this modi£ication. � 2 5. PROJECT N0. (If appticable) STANDARD FORM 30 - CONTINCTATION qq �r1 Contract No. 7/5010/0169 Modification No. 4 Page 3 of 4 I. OPTION PERIOD II �� . ��M � ► � � J�I! 0301 Processing and resolving, at a price of �500 $ 32,�( per charge, �4 Tifle VII, ADEA, and ADA charges. Each charge must have been fited since October 1, 1994, and resolved in accordance with a Chazge Resolution Plan, if applicable. 0302 Travel and other costs related to attendance and $ 1,�00 provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD In: $ 33,200 The accounting and appropriation data is as follows: 9/5010/22(4116 - � 32,0�0 OBLIGATE 9/5010/08/4106 - $ 1 200 OBLIGATE Section F- PE LOD OF P RMAN „ The period of performance is hereby extended as stated in Section F, Paiagraph F.1. As a result of this modification, the total contract price is increased by $ 33 from $ 53 253.97 to a new total of $ gC,453•97. \\ qq-�r�, Contract ATo. 7J5010/0169 Modification No. 4 Page A of 4 IL In add#ion, the following are changes to the contracf: Section C- DHSCR�TION/SPE�' !WO K TA NT Replace Pages C-1 through C-5 with the attached Pages C-i through C-5. Section E- INSPECTTON AND ACC�PTANCE Replace Page E-1 with the attached Page B-1. Section F- DELIVERIES OR PERFORMliT3CE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- COI�ITRACT ADMINISTILATION DATA Replace Page G-1 with the attached Page G-1. 5ection H- 4PECIAi CONTRACT RE(�LTII�F.MENTS Replace Page H-3 with the attached Page II-3. Sec6on 3- LIST OF ATTACAMENTS Incorpoiate Worksharing Agreement for Option II as Attachment D. Except as stated above, all other terms and conditions for the contract remain unchanged. U.S. EQUAL EMPL�YMENT aPP�RTUNITY COMMISSION ��_`�� UNIFORM CONTRACT FORMAT SECTION C - DESCRIPTION/SPEC./WORK STATEMENT Background R. 7here is an acknowledged need to ensure the employment rights o'� individuals granted - by Federai, State and Local anti-discrimination laws, and, The Equai Empioyment opportunity Commission (EEOC) is authorfzed by statute to utilize tfie services of State and Local Fair Employment Practices (FEP) Agencies to assist it in meeting its statutory mandate to enforce Titfe Vtt of the Civil Rights Act of 1 964, as amended, the Age Discrimination in Empioyment Act of 1967, as amended, and, the Americans with Disabiiities Act, and, The Equal Employment Opportunity Commission, pursuant to Congressionaf mandate to estabiish an integrated sysiem for more expeditious resofution of empioymeni 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 Coniractor. Scope ot Work A. The Contractor agrees to cooperate with the Equal Employment Opportunity Commission in the maintenance and enhancement of a national, integrated empioyment discrimination iaw enforcement and charge resoluiion system by accomplishing various objectives which inciude, but are �ot limited to, tfie foVfowing: lmplementation 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 compatibie with those of the EEOC; 3. Utilization by the Contractor of an employment discriminat'son charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contrector; 4. Utilization by the Contractor of processing terminoiogy (such as common language pertaining to types of resolutions) that is the seme as or compatible with that utilized by the EEOC; G1 a� -�� 7 5. The devetopment and maintenance of a system to ensure that EEOC and the Contractor maintain compatible procedural and substantive standards;and 6. The identification by the Contractor and EEOC of legisiative changes that may be appropriate fior the establishment of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resofution Pian that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. estabiishes 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 duai-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 responsibitities. 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 shaft 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 14. 1998, is herein incorporated by reference into this contract. C. It is understood and expressiy 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 cfiarge pending completion by the initial processor to minimize duplication of effiort. G2 �'9-��'7 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. Impiement in cooperation with EEOC, a system which permits each party to perform various functions on behalf of ihe other, among other things, accepting charges tor each other, within such sLatutory limits as may exis2; _- and _ _- 2. Commit itseif 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 tunds 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 pfaced 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 Locai FEP Agencies for Fiscal Year 1999 adopted by the Commission o� August 27, 1998 are incorporated in their entirety into this contract. III. Statement of Work ' A. Processinq of Charaes - Title VII CharQes and/or ADEA Charoes lif aopiicable! and/or ADA CharQes lif aooiicablel 1. The Contractor agrees, for the prices stated in Section B, to process individuat charges of empioyment 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 co�tract. 2. The Contract Monitor shail 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 shali inciude, but �ot 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 actuaily required to determine jurisdictionl o� resolutions based on the charging party's failure to establish a 6ona fide charge. " C-3 3. All charges submitted for credit under this contract shaii be completed by�t g � Contractor between October 1, 1998 and September 30, 1999, as foilows: a. All charges wili be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Titie VII of the Civii Rights Act of 1964, as amended the Age Discrimination in Empioyment Act ofi 1967, as amended, and the Americans with Disabilities Act, as appropriate. b. tnvestigation and resolution of individual charges pursuant to this , contract shall be conducted in a manner desigc,ed to�ffectuate reiiei for the charging paRy and shall be carried out as expeditiousfy as possible. c. Ali final actions, litigation and intake services for which payment is requested under this contract wili 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 tor ADA charges, and the Warksharing Agreement. d. Contract credit submissions will include firtai dispositions ot charges (i,e. final actions�. When administretive appeai rights exist, the finai disposition of a charge occurs only after the time for appeai has expired or the appeal has 6een processed to completion. In cases where the administrative appeaf has been processed, the date of the notice of the 'final result of the appeal is ihe operative date. This applies in alt cases where an admi�is?rative appeal is provided, whether the case is administratively resolved, di�missed, decided, or when no cause is found. For Title VII charges only, the fifteen day period during which Su6stantiai We+ght Review may be requested andlor the period during which a Substantiaf V+Ieight Review is conducted is not considered tor the purposes of computing the operative date of the finai dispos+tion of a charge. e. Contract credit submissions that are not fina! dispositions wili include: 1) Charges to be fitigated by the Contractor where EEOC receives copies of the comp�aints bearing contirmation of the filing dates with the Court, or other aQpropriata officia! confirmation of the filing dates of the complaints; 21 Certain types of charges that must be transferred to the EEOC that are not final actions by the Contractor, as specified in EEQC Order 916 (or the new State and locai Handbook when issuedl; and 3) intake services by the Contractor where EEOC accepts for processing a charge initiaily filed but not jurisdictional with the Contractor, or any othe� FEP Agency, and tor whicfi the Contractor has prepared ali charge intake documentation, inciuding a complete aftidavit, as required by the EEOC. In addition, contract credit for intake services will be given when EEOC accepts for processing a charge initialiy tifed 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 distences irom an EEOC or State FEP Agency office. C-4 Charge resotuuons submrtted for contrac; credit pursuanz to th�s contract will be identified by the Contractor by timely and accurate data entries on ihe FEPA Charge Data System,,if appiicabie. Where the Contractor is not on the FEPA CDS, charge resolutions submitted for credit pursuant to this contract wi11 be designated in a monthty status report from the Contractor to the Contract Monitor. qq ��'� 9• AIt charges will be processed by the Contractor in accordance with the Contractor's applicabie State or Locai Law. _ h. Contract credit wiif not be aliowed for any charge suhjeet to a processing fee. If such a fee is imposed or implemented during 2he ' period of the contract, the contract may be terminated in accordance with Clause 52.249-4, Termination for Convenie�ce of the Govemment. 4. fn order to ensure consistent levels of productivity toward established resuits, the contract monitor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-tourth of the totai charge resolutions required under the contract each quarter. G5 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRAC7 FORMAT SECTION E- INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE � q9-1'�'j inspection and Acceptance shali be made by the Contract Monitor or his/fxr designee on ,. behaif of the Director, Office of Field Programs, Equal Employment Opportunity Commission. inspection and Acceptance shali be made pursuant to the standards set forth in EEOC's Compliance Manual and in the appiicable section(s) of EEOC Order 916 (or the new State and Local Handbook when issued). The Contract Monitor will ensure that ihe Contrector maintains performance that is consistent with the criteria and requirements contained herein, as weil as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site evaluation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingly, the Contractor is expected to comply with reasonable requests for providing and/or making availabie 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 i�cludes but is not limited to staffing information, case managemeni printouts, cha�ge processing documentation, and any other material and data as may be related a�d/or apply to the processing of dual-filed charges or administration of the contract. E.2 NOTICE: The following solicitation provisions a�dlor contract clauses pertinent to this section are here6y incorporated 6y reference: FEDERAL ACQUtSITION REGULATION (48 CFR CHAPTER 1) CIAUSES 52.246� WSPECTION OF SERVtCES - FIXED PR(CE tAUG 1996) E-7 U.S. EQUAL EMPLOYP�IENT OPPORTUNITY COMMISSION UNIFORM COP(TRACT FORMAT SECTION F- DELIVERIES OR PERFORMANCE _ ............................_....... .... . F.1 _ _. PEE31L7 .: OF:�ERFE3#?hAAN�E �� Performance under this contract shall begin on October 1, 1998 through June 15, 1999. TFre Govemment witl unilaterally modify the contract to extend the period af perfortnance _ beyond June 15, 1999 to the end of the period of perfortnance. (See Clause H:10, "Option to Extend the Term of the Contract.") _... _ F.2 TiME: t3ELIVERXti)ELIVERIi�L�S A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS): The con:ractor must make accurate and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge infiormation is available for extraction by the Coilection Manager in a timeiy manner. Charge resolutions submitted for contraci credit review will not be accepted for payment if it is determined that any required data entry has �ot been made by the FEPA. A determination not to award contract credit made may be reversed under the procedures set forth in Section 11.6.5.a, of the FY 1999 Contracting Principies. " In addition, in order for a cfiarge to be eligibfe 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. 6.5.a of tfie FY 1999 Contracting Principies. In order to meet the requirement in the FY 1999 Contracting Principies at Section 11.6.2, that the Contractor shall provide EEOC with a list of final actions within a timeframe agreed upon by the Coniract Mon+tor and the Contractor, but usually no later than 30 days after the resolution of each charge, the Contractor must ensure the timety and accurate entry of data inta the FEPA CDS. The Contractor Monitor, wiii 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 wiii enter al! charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month fotlowing each quarter. F-1 B. Where the Contractor is not on the FEPA COS: °I`I -1 �''l 1. The Contractor shall submit quarterly contract production reports to the Contract Monitor for review. The quarceriy reports shalt consist of EEOC Forms 322 and 472. Upon award of the contract, the quarierly reports must be received by the Contract tvSonitor not later than the 8th calendaP day of the month following each quarter. 2. Separately, the Contractor shaii turnis`i to the Office of Field Programs, Field Management Programs and State and Locai Programs, Washington, D_C., written reports as may be ezpressly required by either of those units. ' 3. The Contractor shail provide EEQC with a list at cfiarge resofutions with respect to _ dual-filed charges within a timeframe agreed upon wiih the Contract Monitor, but no Iater than ihirty days after the charge resolution dates. The lists of charge resofutions wiit be provided on the EEOC Form 472. After receipt of the lists, if requested by the ContracL Monitor, the Contractor will forward all charge file information, or a copy of such information, within five workdays ot the requests. The EEOC Contract Monitor may extend or reasonabiy alter the five-day time frame as deemed necessary and appropriate. (�or non-certified ContraCtors, fite information must be submitted within tive days of su6mission of the Form 4721resolution listing unless the timeframe is extended or otherwise modified by the Ccntractor Monitor.y Failure to timely submit reports and Charge file information wili result in the denial of contract credit for the affected resofutions. 4. The Contractor mus2 make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency • Performance Report, and EEOC Form 472 FEP Agency Charge list. Aii reports-covering the first three quarters of the FY 'l999 contract must be received by EEOC prior to Septem6er 30, 7999. F-2 q9- Id�f U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G- CONTRACT ADMINISTRATION DATA Contracting Officer Contracting Specialist lnspection and Acceptance e Accounting and Appropriation Data: Contract Monitor (CM! Paying Office Jeffrey A. Rosenfeld Lachon Langhams Telephone: (202) 663-4220 See Section E of the Schedule See Block 14 of Page 1, SF-26 Chester V. Bailey, Director M+lwaukee Oistrict Office Telephone: (414) 297-12fi5 See Block 12 of Page 1, SF-26 Project Officer . E{izabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A Washington, D.C. 20507 Tefephone: (202) 663-48d1 G.1 CONTRACTiNG OFFICER Notwithstanding any of the provisions ofi this contract, the Contracting Officer shail be the only individual authorized to amend or modify any ofi the terms ofi the contract or redirect the efforts of the Contractor. G.2 CONTRACT MONITOR tCM) 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 shall monitor the contract for the Director, Otfice of Fieid Programs and provide the Contractor with technical guidance. Technical guidance shall mean fiiling in the details or otherwise expiaining 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 aii phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 q9-1t7 H.9 GHXR�;�=13,A"TA'SYS�`E�>r[IA3#i�;AS;� 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 seconciliation, EEOC may reguest a hard inventory of the Contractor's charge inventory. SUCh hard inventory must be conducted in accordance with guidelines prescribed by the EEOC. � li.10 i3P�iC�35t 3i3 _EX"�'£i1lF� �iiE TEi31S� £,!�'�'IiE;CQ4�'i'�,G'f This contract is renewable at the prices stated eisewhere in the contract, at the option of the Government, by the Contracting Officer giving written notice of renewal to the contractor by the fiirst day of each Government fiscal year, provided, ihat the Contracting Ofificer shall have given preliminary notice of the Governmeni's intention to renew at least 60 days before this contract is to expire. Such a preliminary notice of intent to renew sha11 not be deemed to commit the Government to renewais. lf the Government exercises this option for the renewai, the contract as renewed shall be deemed to include this option provision. However, the totat duration ot this contract, inciuding the exercise of any options under this ciause, shafl not exceed 36 months. Base Period - October 1, 1996 through September 30, 1997 Option Period I- October 1, 1997 through September 30, 1998 Option Period II - October 1, 1998 through June 15, 1999 The contrect wili be modified to extend the period of performance from June 16, 7999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can only spend funds from October 1, 1998 to June 15, 1999. H-3 91- ��''1 WORKSHARING AGREEHENT BETWEEN St. Pavl Department of Human Rights and EQUAL EMPLOYMENT OPPaRTUDIITY CAMMISSIOPI FOR FISCAL YEAR 1999 I. SNTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of one or more employees occurring within the City of St. Paul based on race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance, pursuant to Chapter 163 of the St. Paul Legislative Code (Human Rights Ozdinancej. The Equal Employment Opportunity Commission, hereinafter referred to as EEOC, has jurisdiction over allegations of employment discrimination occvrring throughovt the United States where such charges are based on race, color, zeligion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1464, as amended (42 U.S.C. § 2000(e)) (hereinafter referred to ae 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, aa amended (29 U.S.C.S 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.S 206), and over allegations of employment discrimination based on disability pursuant ta Title Z of the Americans with Disabilitiea Act of 1991,(42 U.S.C. § 12101j. B. in recognition of, and to the extent of the common jvrisdiction and goals of the two (2) Agencies, and in consideration of the mutval promises and covenante contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuala with an efficient procedure for obtaining redress for their grievances under appropriate City and Federal lawa. IZ. FILING OF CHARGES OF DISCRZMZPIATIOIi A. In order to facilitate the assertion of employment righta, 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 I � - q.q-id� � charges. EEOC's receipt of charges on the FEPA•s behalf wi11 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 alleginq 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, eo long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section ZIZ. A. 1. below, refez them to the EEOC for initial processing. C. Each Agency will inform individuals of their riqhts to file charges directly with the other Agency and ot 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. Normally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the St. Paul Department of Human Rights 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 Laking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section ZZI (DIVISION OF-INITIAL CHARGE-PROCESSING RESPONSIBILITIES). D. For charges that are to be dual-filed, each Agency will use EEOC Charge Form 5(or alternatively, an employment discrimination charge Eorm which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. 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 eharge it receives for initial processing and explain the rights and zesponsibilities of the partiea under the applicable Federal� State, or Local statutes. III. DIVISZON OF INITIAL CHARGE-PROCESSZNG RESPONSIBILITIES In Yecogn3tion of tbe 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 gursuant 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 followa: 2 99-1�'� r A. EEOC and the FEPA will process all Title VZI, ADA, and ADEA charges that they originally receive. 1. For charqes 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 pzoceed immediately with the processing of such charges before the 61st day. Zn addition, the EEOC will initially procesa the following charges: -- All Title VIZ, ADA, and concurrent Title VZZ/ADA ehargea jurisdictional with the FEPA and received by the FEPA 240 days or more after the date oP violation; -- All concurzent Title VZIjEPA charges; -- All charges aqainst the FEPA or ita parent organization where such parent organization exercises direct or indirect control over the charge decision making process; -- All charges filed by E£OC Commisaioners; -- Charges also covered by the immigration Reform and Control�ACt; -- Complainta referred to EEOC by the Department of Justice, Offiee of Federal Contract Compliance Programa, or Federal fund-granting agencies under 29 CFR g 1640, 1641, and 169]. -- Any charge vshere EEOC ia a paYty to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for Eiling a charge with EEOC ar for cooperating with EEOC; and -- All charges against Respondents which are designated for initial procesainq by the EEOC in a supplementary memorandum • to this Agreement. 2. The FEPA will initially proceas the followinq types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; � qq-18'? -- Any charge where the FEPA is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and aqreement, ie relevant to the dispoeition 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; -- A11 charges which allege more than one basie of discrimination where at least one basis is not� eovered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- A11 charges against Respondents which are designated for initial processinq by FEPA in a supplementary memorandum to this Agreement; and -- All disability-based charges against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may zequest to be granted the right to initially proceas 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 notiEy the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by oae Agency against a Aespondent an the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation unit within 10 working days. IV. EXCHANGE OF INFORMATIOtS A. Both the FEPA and EEOC shall make available for inspection and copying to appropriate officials from the other Agency any infermation whieh may assist each Agency in carrying out ita responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing information, case management printouta, charge processing documentation, and any other material and data ae may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting information aqrees to comply with any confidentiality reqvirements impoaed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agreea to observe the confidentiality provisions of Title VZI, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the CI a9 -18"� working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany oz to observe its personnel when processing a ehazge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified ae priorities on the NEP and LEP. The FEPA's liaison officer will promptly notify the MDO's State & Local Coordinator of charges that can be added to the LEP as ptiorities. 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 Loeal Handbook as revised. B. For the puTpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copiea 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. investiqation and resolution of all relevant issues alleginq personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcing compliance with all terma of conciliation agreementa, orders after public hearing or consent ordera to which the FEPA is a party. C. in order to be eliqible for contract credit and/or payment, submissiona must meet all the aubetantive and administrative requirements as etipulated in the Contracting Principles. D. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging __ party has no adminiatrative recovrse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEHENTATION OF TH& WORRSHARING AGREEMENT A. Each agency Will deaignate a peraon as liaison official for the other agency to contact concerning the day-to-day implementation for the Agteement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. 5 > qq -1 d"� B. The agencies will monitor the allocation of charge-processing responsibilities ae set forth in the Agreement. where it appears that the overall projection appears inappropriate, the appropriate portione of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual tc be used by the FEPAs in correspondence with Charging Parties and Respondents. D. If a dispute regarding the implementation or application of this agreement cannot be resalved by the FEPA and District Office Director, the issues will be reduced to writing by both partiee and forwarded to the Director of the Office of Program Operationa for resolution. E. This�reement hall operate from the first (lst) day of October 1998 �he thirtieth (30th) day of September•1999 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement Z accept and agree to the provisions contained therein. i � Date � chester V. Baiiey, District Director Milwaukee District Office Equal Employment opportunity Commiss � Date __�L �� .�iii�� W. H. Tyrone rrell � St. Pavl Department of Human Righta �i Council File # 9q " �O L Presented By oRi��a�. Green Sheet # ��SO�p RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date Referred To 1 WFIEREAS, the Saint Paul Aepamnent of Humau Rights is a Fair Employment Practices 2 Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enfoxce Title VII, of the 3 Civil Rights Act of 1964, as amended; and, 4 WFIEIZEAS, the U.S. Equal Employment Opportunity Commission (EEOC) is authorized by 5 statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to 6 enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commitment 7 to developing and enhancing a system of "partnership" with FEP agencies; and, � 10 11 12 WI�EREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights far the 1998/1999 fiscal yeaz, therefore, be it RESOLVED, that the Saint Paul Deparknent of Human Rights is hereby authorized to execute a contractual agxeement with the U.S. Equal Employment Opportunity Commission to investigate dually filed employment discrimination complaints. Requested by Department oE Adopted by Council: Date ��q�� AdapYion Certified by Conncil Secretary gY' �� \°—� �=��'�-' Approved by yor: Date � l�t' f/ By: Human Rights By: W.H. Tyrone T rrill, Director Approval Rewmmended by Budget ' r.� B �y-�� `„�--�-�C Form d by City Attom . gy.—j- � � ^7"" �jr `' G Approve ayor for Submission to Council: By: _ 99 -18'� �. ��<� : _�. W. H. Tyrone Terrill - 266-8964 TOTAL # OF SIGNATURE PAGES 2nor99 � GREEN SHEET No so5os ■ u �,.R,��— �d„��_ � —� `—= ❑ � �..�,� �„«� Q�� a �wro.taewsa�srum i�l�e�� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Authorizing proper City officials to execute a contract with the U.S. Equal Employment Opportuuity Commission for the provision of investigative services. PLANNING COMMISSION CB CAMMITTEE CIVIL SERVICE COMMISSION 3:�, Hes this c�rJfirm everMOrlced unaer a coMrxt ror mie department'7 ves rio Has this pe�rtn ever heen a city empbyee4 YES NO Does this pe�soMim possess a sidll not rwrmallypossessetl by arry curreM city employee9 YES IJO Is thia persoNfirtn a tarp�etl vendoY7 YES NO �lain all ves ansveis on senarate sMM aM attach W nreen shcet Work sharing agreement with the U.S. Equal EmploymentOppourtunity Commission (EEOC) regarding investigation of employment discrimination complaints. Department of Human Rights would receive remuneration for investigafive services provided on employment discriminafion complaints at an amount of $500.00 per charge and costs incurred related to training. None Department of Human Rights would provide investigative services without remunerarion from U.S. Equal Employment Opportuuity Commission. AMOUNT OF TRANSAC710N COS7/REVENUEBUDQETED(CRtCLEON� VES ACiMT/ NUtABER � (IXPWN) g n �° �b°i.4+�'.vc� �!�.i'v":aPi�v i ".d't,i�a'�3 F�� `� �� 4.. _ e _.— " :l� : i��:.. ._k ., . . tl ='��5� � ea3 6 �'u hn :.]`✓ F�� 11 1a99 NO � 9q - ^ AMENDMENT OF SOLICZTATZONJMOD2F2CATION OF CONTRACT 4' t0/O1l98 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMEHT MANAGEMENT DIVISION 7801 L STREET, N.Y. ROOM 2505 YASHINGTON, DC 20505 ST, ?AUL HUMAN RIGHTS DfPARTMENi 75 IJEST KELLOG BLVD., ROOM 900 ST. PAUL, MINNESOTA 55702 , street, 9JSOtOf1502 (If oiher tfian Item 6) E�UAL EMPLOYMENT OPPOR7UNITY C�MMIS MILNAUKEE DISTRICT OFFICE 310 VES7 411SC�NSIN AVENUE SiE. SDO MILUAUKEE, VISCONSIN 5320'5-2292 1 �\ co, OS/29/97 C� e) 15. THSS ITEM ONLY APP17E5 i0 AMENDMEN75 DF SOLICITATIONS ❑ The above numbered solicitation is amended as set forTh in Item 7G. The hour and date specified for receipt ofi OffefS ❑ is eXtended, ❑ is not extended. Offerors must acknoN(edge receipt of this amendment prior to the hour and date specitied in the solicitaiion or as amended, by one of the 4ollouing methods: La) Sy compleiing Items 8 and 75, and returning copies of the amendment; (b) By acknouledging receipt of this amendment on each copy of The offer suhmiiie�o� ([) Sy separate tetter or telegram which inctUdes a reference to the solicitation and amendment n�unbers. FAILURE OF YOUR ACKNOIJLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT �F OFFERS PRIOR TO THE HDUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YWR OFFER. If by virtue of this amendment you desire to change an offer atready su6mitted, such change may be made by telegram or lecter, provided each tele9ram or letter makes reference to the soliCitation and this and is feceived prior to the opening hour and date speGified. SEE PAGE 3 FOR ACCOUNTING AND APPROPRIATION DATA X 13. THIS ITEM APPLIfS ONLY i0 MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14. on cata, etc.) SET FORTH ]N neK cspen ry type or motl�tication antl authority) CLAUSE H.70, OPTION TO EXTEND THE TERM OF CONTRACT. ucn as OF FAR E. IMPORTANTi Contractor ❑ is not, � is required to sign this doasnent and return 3 copies to the ect matter PURPOSE: EXERCISE OF OPTION II X � 7l5010)9169 ngs, Pur5uant to Clause H.1D, OPTION TO EXTEND THE TERM OF THB CONTRACT, the Government hereby exezcises Option Year 2 to extend contract performance for a period of nine (9) months commencing October 1, 1998 to June 15, 1999. The contract will be modi£ied to extend the period of perfozmance £rom June 16, 1999 to September 30, 1999. Due to EEOC's aruival appropriation, EEOC can only spend £unds from October 1, 1998 to June 15, 1999. < See Continuation Sheet(sj > provided herein, all terms and condit9ons ot the document referenced in Item 9A or 10A, as heretofore . �:,.� ......�.-..,_..a __. :_ ..� "" _' _ `__' or pr BY JEFFREY A. ROSENFELD CONTRACTING OFFICER �» NSN 7540-01-152-BD70 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS E�ITION UNUSPBLE Prescribed by GSA FAR (48 CfR) 53.243 °l`i-�8q Al2ENDMENT OR SOLZCITATIONjMODIPZCATION OF CO27TRACT i �' CONTRACT ID [DDE � 2. AMENDMENTIM06IFILATION N0. 3. EFFECTIVE DATE 4. REOUISITIOHJPURCHASE REO. N0. 4 ( 10/01/98 ( 9/5070/1502 14. DESCRIPTI�N OF AMENDMEHTJMODIFILATION (Or9aniied by UCF section headi subject matter where feasible.) - C�NTINUATION Ef£ective as of the date in Block 3 of this modi£ication. � 2 5. PROJECT N0. (If appticable) STANDARD FORM 30 - CONTINCTATION qq �r1 Contract No. 7/5010/0169 Modification No. 4 Page 3 of 4 I. OPTION PERIOD II �� . ��M � ► � � J�I! 0301 Processing and resolving, at a price of �500 $ 32,�( per charge, �4 Tifle VII, ADEA, and ADA charges. Each charge must have been fited since October 1, 1994, and resolved in accordance with a Chazge Resolution Plan, if applicable. 0302 Travel and other costs related to attendance and $ 1,�00 provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD In: $ 33,200 The accounting and appropriation data is as follows: 9/5010/22(4116 - � 32,0�0 OBLIGATE 9/5010/08/4106 - $ 1 200 OBLIGATE Section F- PE LOD OF P RMAN „ The period of performance is hereby extended as stated in Section F, Paiagraph F.1. As a result of this modification, the total contract price is increased by $ 33 from $ 53 253.97 to a new total of $ gC,453•97. \\ qq-�r�, Contract ATo. 7J5010/0169 Modification No. 4 Page A of 4 IL In add#ion, the following are changes to the contracf: Section C- DHSCR�TION/SPE�' !WO K TA NT Replace Pages C-1 through C-5 with the attached Pages C-i through C-5. Section E- INSPECTTON AND ACC�PTANCE Replace Page E-1 with the attached Page B-1. Section F- DELIVERIES OR PERFORMliT3CE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- COI�ITRACT ADMINISTILATION DATA Replace Page G-1 with the attached Page G-1. 5ection H- 4PECIAi CONTRACT RE(�LTII�F.MENTS Replace Page H-3 with the attached Page II-3. Sec6on 3- LIST OF ATTACAMENTS Incorpoiate Worksharing Agreement for Option II as Attachment D. Except as stated above, all other terms and conditions for the contract remain unchanged. U.S. EQUAL EMPL�YMENT aPP�RTUNITY COMMISSION ��_`�� UNIFORM CONTRACT FORMAT SECTION C - DESCRIPTION/SPEC./WORK STATEMENT Background R. 7here is an acknowledged need to ensure the employment rights o'� individuals granted - by Federai, State and Local anti-discrimination laws, and, The Equai Empioyment opportunity Commission (EEOC) is authorfzed by statute to utilize tfie services of State and Local Fair Employment Practices (FEP) Agencies to assist it in meeting its statutory mandate to enforce Titfe Vtt of the Civil Rights Act of 1 964, as amended, the Age Discrimination in Empioyment Act of 1967, as amended, and, the Americans with Disabiiities Act, and, The Equal Employment Opportunity Commission, pursuant to Congressionaf mandate to estabiish an integrated sysiem for more expeditious resofution of empioymeni 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 Coniractor. Scope ot Work A. The Contractor agrees to cooperate with the Equal Employment Opportunity Commission in the maintenance and enhancement of a national, integrated empioyment discrimination iaw enforcement and charge resoluiion system by accomplishing various objectives which inciude, but are �ot limited to, tfie foVfowing: lmplementation 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 compatibie with those of the EEOC; 3. Utilization by the Contractor of an employment discriminat'son charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contrector; 4. Utilization by the Contractor of processing terminoiogy (such as common language pertaining to types of resolutions) that is the seme as or compatible with that utilized by the EEOC; G1 a� -�� 7 5. The devetopment and maintenance of a system to ensure that EEOC and the Contractor maintain compatible procedural and substantive standards;and 6. The identification by the Contractor and EEOC of legisiative changes that may be appropriate fior the establishment of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resofution Pian that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. estabiishes 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 duai-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 responsibitities. 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 shaft 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 14. 1998, is herein incorporated by reference into this contract. C. It is understood and expressiy 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 cfiarge pending completion by the initial processor to minimize duplication of effiort. G2 �'9-��'7 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. Impiement in cooperation with EEOC, a system which permits each party to perform various functions on behalf of ihe other, among other things, accepting charges tor each other, within such sLatutory limits as may exis2; _- and _ _- 2. Commit itseif 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 tunds 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 pfaced 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 Locai FEP Agencies for Fiscal Year 1999 adopted by the Commission o� August 27, 1998 are incorporated in their entirety into this contract. III. Statement of Work ' A. Processinq of Charaes - Title VII CharQes and/or ADEA Charoes lif aopiicable! and/or ADA CharQes lif aooiicablel 1. The Contractor agrees, for the prices stated in Section B, to process individuat charges of empioyment 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 co�tract. 2. The Contract Monitor shail 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 shali inciude, but �ot 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 actuaily required to determine jurisdictionl o� resolutions based on the charging party's failure to establish a 6ona fide charge. " C-3 3. All charges submitted for credit under this contract shaii be completed by�t g � Contractor between October 1, 1998 and September 30, 1999, as foilows: a. All charges wili be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Titie VII of the Civii Rights Act of 1964, as amended the Age Discrimination in Empioyment Act ofi 1967, as amended, and the Americans with Disabilities Act, as appropriate. b. tnvestigation and resolution of individual charges pursuant to this , contract shall be conducted in a manner desigc,ed to�ffectuate reiiei for the charging paRy and shall be carried out as expeditiousfy as possible. c. Ali final actions, litigation and intake services for which payment is requested under this contract wili 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 tor ADA charges, and the Warksharing Agreement. d. Contract credit submissions will include firtai dispositions ot charges (i,e. final actions�. When administretive appeai rights exist, the finai disposition of a charge occurs only after the time for appeai has expired or the appeal has 6een processed to completion. In cases where the administrative appeaf has been processed, the date of the notice of the 'final result of the appeal is ihe operative date. This applies in alt cases where an admi�is?rative appeal is provided, whether the case is administratively resolved, di�missed, decided, or when no cause is found. For Title VII charges only, the fifteen day period during which Su6stantiai We+ght Review may be requested andlor the period during which a Substantiaf V+Ieight Review is conducted is not considered tor the purposes of computing the operative date of the finai dispos+tion of a charge. e. Contract credit submissions that are not fina! dispositions wili include: 1) Charges to be fitigated by the Contractor where EEOC receives copies of the comp�aints bearing contirmation of the filing dates with the Court, or other aQpropriata officia! confirmation of the filing dates of the complaints; 21 Certain types of charges that must be transferred to the EEOC that are not final actions by the Contractor, as specified in EEQC Order 916 (or the new State and locai Handbook when issuedl; and 3) intake services by the Contractor where EEOC accepts for processing a charge initiaily filed but not jurisdictional with the Contractor, or any othe� FEP Agency, and tor whicfi the Contractor has prepared ali charge intake documentation, inciuding a complete aftidavit, as required by the EEOC. In addition, contract credit for intake services will be given when EEOC accepts for processing a charge initialiy tifed 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 distences irom an EEOC or State FEP Agency office. C-4 Charge resotuuons submrtted for contrac; credit pursuanz to th�s contract will be identified by the Contractor by timely and accurate data entries on ihe FEPA Charge Data System,,if appiicabie. Where the Contractor is not on the FEPA CDS, charge resolutions submitted for credit pursuant to this contract wi11 be designated in a monthty status report from the Contractor to the Contract Monitor. qq ��'� 9• AIt charges will be processed by the Contractor in accordance with the Contractor's applicabie State or Locai Law. _ h. Contract credit wiif not be aliowed for any charge suhjeet to a processing fee. If such a fee is imposed or implemented during 2he ' period of the contract, the contract may be terminated in accordance with Clause 52.249-4, Termination for Convenie�ce of the Govemment. 4. fn order to ensure consistent levels of productivity toward established resuits, the contract monitor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-tourth of the totai charge resolutions required under the contract each quarter. G5 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRAC7 FORMAT SECTION E- INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE � q9-1'�'j inspection and Acceptance shali be made by the Contract Monitor or his/fxr designee on ,. behaif of the Director, Office of Field Programs, Equal Employment Opportunity Commission. inspection and Acceptance shali be made pursuant to the standards set forth in EEOC's Compliance Manual and in the appiicable section(s) of EEOC Order 916 (or the new State and Local Handbook when issued). The Contract Monitor will ensure that ihe Contrector maintains performance that is consistent with the criteria and requirements contained herein, as weil as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site evaluation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingly, the Contractor is expected to comply with reasonable requests for providing and/or making availabie 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 i�cludes but is not limited to staffing information, case managemeni printouts, cha�ge processing documentation, and any other material and data as may be related a�d/or apply to the processing of dual-filed charges or administration of the contract. E.2 NOTICE: The following solicitation provisions a�dlor contract clauses pertinent to this section are here6y incorporated 6y reference: FEDERAL ACQUtSITION REGULATION (48 CFR CHAPTER 1) CIAUSES 52.246� WSPECTION OF SERVtCES - FIXED PR(CE tAUG 1996) E-7 U.S. EQUAL EMPLOYP�IENT OPPORTUNITY COMMISSION UNIFORM COP(TRACT FORMAT SECTION F- DELIVERIES OR PERFORMANCE _ ............................_....... .... . F.1 _ _. PEE31L7 .: OF:�ERFE3#?hAAN�E �� Performance under this contract shall begin on October 1, 1998 through June 15, 1999. TFre Govemment witl unilaterally modify the contract to extend the period af perfortnance _ beyond June 15, 1999 to the end of the period of perfortnance. (See Clause H:10, "Option to Extend the Term of the Contract.") _... _ F.2 TiME: t3ELIVERXti)ELIVERIi�L�S A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS): The con:ractor must make accurate and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge infiormation is available for extraction by the Coilection Manager in a timeiy manner. Charge resolutions submitted for contraci credit review will not be accepted for payment if it is determined that any required data entry has �ot been made by the FEPA. A determination not to award contract credit made may be reversed under the procedures set forth in Section 11.6.5.a, of the FY 1999 Contracting Principies. " In addition, in order for a cfiarge to be eligibfe 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. 6.5.a of tfie FY 1999 Contracting Principies. In order to meet the requirement in the FY 1999 Contracting Principies at Section 11.6.2, that the Contractor shall provide EEOC with a list of final actions within a timeframe agreed upon by the Coniract Mon+tor and the Contractor, but usually no later than 30 days after the resolution of each charge, the Contractor must ensure the timety and accurate entry of data inta the FEPA CDS. The Contractor Monitor, wiii 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 wiii enter al! charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month fotlowing each quarter. F-1 B. Where the Contractor is not on the FEPA COS: °I`I -1 �''l 1. The Contractor shall submit quarterly contract production reports to the Contract Monitor for review. The quarceriy reports shalt consist of EEOC Forms 322 and 472. Upon award of the contract, the quarierly reports must be received by the Contract tvSonitor not later than the 8th calendaP day of the month following each quarter. 2. Separately, the Contractor shaii turnis`i to the Office of Field Programs, Field Management Programs and State and Locai Programs, Washington, D_C., written reports as may be ezpressly required by either of those units. ' 3. The Contractor shail provide EEQC with a list at cfiarge resofutions with respect to _ dual-filed charges within a timeframe agreed upon wiih the Contract Monitor, but no Iater than ihirty days after the charge resolution dates. The lists of charge resofutions wiit be provided on the EEOC Form 472. After receipt of the lists, if requested by the ContracL Monitor, the Contractor will forward all charge file information, or a copy of such information, within five workdays ot the requests. The EEOC Contract Monitor may extend or reasonabiy alter the five-day time frame as deemed necessary and appropriate. (�or non-certified ContraCtors, fite information must be submitted within tive days of su6mission of the Form 4721resolution listing unless the timeframe is extended or otherwise modified by the Ccntractor Monitor.y Failure to timely submit reports and Charge file information wili result in the denial of contract credit for the affected resofutions. 4. The Contractor mus2 make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency • Performance Report, and EEOC Form 472 FEP Agency Charge list. Aii reports-covering the first three quarters of the FY 'l999 contract must be received by EEOC prior to Septem6er 30, 7999. F-2 q9- Id�f U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G- CONTRACT ADMINISTRATION DATA Contracting Officer Contracting Specialist lnspection and Acceptance e Accounting and Appropriation Data: Contract Monitor (CM! Paying Office Jeffrey A. Rosenfeld Lachon Langhams Telephone: (202) 663-4220 See Section E of the Schedule See Block 14 of Page 1, SF-26 Chester V. Bailey, Director M+lwaukee Oistrict Office Telephone: (414) 297-12fi5 See Block 12 of Page 1, SF-26 Project Officer . E{izabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A Washington, D.C. 20507 Tefephone: (202) 663-48d1 G.1 CONTRACTiNG OFFICER Notwithstanding any of the provisions ofi this contract, the Contracting Officer shail be the only individual authorized to amend or modify any ofi the terms ofi the contract or redirect the efforts of the Contractor. G.2 CONTRACT MONITOR tCM) 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 shall monitor the contract for the Director, Otfice of Fieid Programs and provide the Contractor with technical guidance. Technical guidance shall mean fiiling in the details or otherwise expiaining 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 aii phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 q9-1t7 H.9 GHXR�;�=13,A"TA'SYS�`E�>r[IA3#i�;AS;� 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 seconciliation, EEOC may reguest a hard inventory of the Contractor's charge inventory. SUCh hard inventory must be conducted in accordance with guidelines prescribed by the EEOC. � li.10 i3P�iC�35t 3i3 _EX"�'£i1lF� �iiE TEi31S� £,!�'�'IiE;CQ4�'i'�,G'f This contract is renewable at the prices stated eisewhere in the contract, at the option of the Government, by the Contracting Officer giving written notice of renewal to the contractor by the fiirst day of each Government fiscal year, provided, ihat the Contracting Ofificer shall have given preliminary notice of the Governmeni's intention to renew at least 60 days before this contract is to expire. Such a preliminary notice of intent to renew sha11 not be deemed to commit the Government to renewais. lf the Government exercises this option for the renewai, the contract as renewed shall be deemed to include this option provision. However, the totat duration ot this contract, inciuding the exercise of any options under this ciause, shafl not exceed 36 months. Base Period - October 1, 1996 through September 30, 1997 Option Period I- October 1, 1997 through September 30, 1998 Option Period II - October 1, 1998 through June 15, 1999 The contrect wili be modified to extend the period of performance from June 16, 7999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can only spend funds from October 1, 1998 to June 15, 1999. H-3 91- ��''1 WORKSHARING AGREEHENT BETWEEN St. Pavl Department of Human Rights and EQUAL EMPLOYMENT OPPaRTUDIITY CAMMISSIOPI FOR FISCAL YEAR 1999 I. SNTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of one or more employees occurring within the City of St. Paul based on race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance, pursuant to Chapter 163 of the St. Paul Legislative Code (Human Rights Ozdinancej. The Equal Employment Opportunity Commission, hereinafter referred to as EEOC, has jurisdiction over allegations of employment discrimination occvrring throughovt the United States where such charges are based on race, color, zeligion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1464, as amended (42 U.S.C. § 2000(e)) (hereinafter referred to ae 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, aa amended (29 U.S.C.S 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.S 206), and over allegations of employment discrimination based on disability pursuant ta Title Z of the Americans with Disabilitiea Act of 1991,(42 U.S.C. § 12101j. B. in recognition of, and to the extent of the common jvrisdiction and goals of the two (2) Agencies, and in consideration of the mutval promises and covenante contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuala with an efficient procedure for obtaining redress for their grievances under appropriate City and Federal lawa. IZ. FILING OF CHARGES OF DISCRZMZPIATIOIi A. In order to facilitate the assertion of employment righta, 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 I � - q.q-id� � charges. EEOC's receipt of charges on the FEPA•s behalf wi11 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 alleginq 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, eo long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section ZIZ. A. 1. below, refez them to the EEOC for initial processing. C. Each Agency will inform individuals of their riqhts to file charges directly with the other Agency and ot 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. Normally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the St. Paul Department of Human Rights 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 Laking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section ZZI (DIVISION OF-INITIAL CHARGE-PROCESSING RESPONSIBILITIES). D. For charges that are to be dual-filed, each Agency will use EEOC Charge Form 5(or alternatively, an employment discrimination charge Eorm which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. 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 eharge it receives for initial processing and explain the rights and zesponsibilities of the partiea under the applicable Federal� State, or Local statutes. III. DIVISZON OF INITIAL CHARGE-PROCESSZNG RESPONSIBILITIES In Yecogn3tion of tbe 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 gursuant 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 followa: 2 99-1�'� r A. EEOC and the FEPA will process all Title VZI, ADA, and ADEA charges that they originally receive. 1. For charqes 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 pzoceed immediately with the processing of such charges before the 61st day. Zn addition, the EEOC will initially procesa the following charges: -- All Title VIZ, ADA, and concurrent Title VZZ/ADA ehargea jurisdictional with the FEPA and received by the FEPA 240 days or more after the date oP violation; -- All concurzent Title VZIjEPA charges; -- All charges aqainst the FEPA or ita parent organization where such parent organization exercises direct or indirect control over the charge decision making process; -- All charges filed by E£OC Commisaioners; -- Charges also covered by the immigration Reform and Control�ACt; -- Complainta referred to EEOC by the Department of Justice, Offiee of Federal Contract Compliance Programa, or Federal fund-granting agencies under 29 CFR g 1640, 1641, and 169]. -- Any charge vshere EEOC ia a paYty to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for Eiling a charge with EEOC ar for cooperating with EEOC; and -- All charges against Respondents which are designated for initial procesainq by the EEOC in a supplementary memorandum • to this Agreement. 2. The FEPA will initially proceas the followinq types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; � qq-18'? -- Any charge where the FEPA is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and aqreement, ie relevant to the dispoeition 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; -- A11 charges which allege more than one basie of discrimination where at least one basis is not� eovered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- A11 charges against Respondents which are designated for initial processinq by FEPA in a supplementary memorandum to this Agreement; and -- All disability-based charges against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may zequest to be granted the right to initially proceas 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 notiEy the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by oae Agency against a Aespondent an the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation unit within 10 working days. IV. EXCHANGE OF INFORMATIOtS A. Both the FEPA and EEOC shall make available for inspection and copying to appropriate officials from the other Agency any infermation whieh may assist each Agency in carrying out ita responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing information, case management printouta, charge processing documentation, and any other material and data ae may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting information aqrees to comply with any confidentiality reqvirements impoaed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agreea to observe the confidentiality provisions of Title VZI, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the CI a9 -18"� working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany oz to observe its personnel when processing a ehazge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified ae priorities on the NEP and LEP. The FEPA's liaison officer will promptly notify the MDO's State & Local Coordinator of charges that can be added to the LEP as ptiorities. 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 Loeal Handbook as revised. B. For the puTpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copiea 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. investiqation and resolution of all relevant issues alleginq personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcing compliance with all terma of conciliation agreementa, orders after public hearing or consent ordera to which the FEPA is a party. C. in order to be eliqible for contract credit and/or payment, submissiona must meet all the aubetantive and administrative requirements as etipulated in the Contracting Principles. D. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging __ party has no adminiatrative recovrse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEHENTATION OF TH& WORRSHARING AGREEMENT A. Each agency Will deaignate a peraon as liaison official for the other agency to contact concerning the day-to-day implementation for the Agteement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. 5 > qq -1 d"� B. The agencies will monitor the allocation of charge-processing responsibilities ae set forth in the Agreement. where it appears that the overall projection appears inappropriate, the appropriate portione of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual tc be used by the FEPAs in correspondence with Charging Parties and Respondents. D. If a dispute regarding the implementation or application of this agreement cannot be resalved by the FEPA and District Office Director, the issues will be reduced to writing by both partiee and forwarded to the Director of the Office of Program Operationa for resolution. E. This�reement hall operate from the first (lst) day of October 1998 �he thirtieth (30th) day of September•1999 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement Z accept and agree to the provisions contained therein. i � Date � chester V. Baiiey, District Director Milwaukee District Office Equal Employment opportunity Commiss � Date __�L �� .�iii�� W. H. Tyrone rrell � St. Pavl Department of Human Righta �i Council File # 9q " �O L Presented By oRi��a�. Green Sheet # ��SO�p RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Committee: Date Referred To 1 WFIEREAS, the Saint Paul Aepamnent of Humau Rights is a Fair Employment Practices 2 Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enfoxce Title VII, of the 3 Civil Rights Act of 1964, as amended; and, 4 WFIEIZEAS, the U.S. Equal Employment Opportunity Commission (EEOC) is authorized by 5 statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to 6 enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commitment 7 to developing and enhancing a system of "partnership" with FEP agencies; and, � 10 11 12 WI�EREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights far the 1998/1999 fiscal yeaz, therefore, be it RESOLVED, that the Saint Paul Deparknent of Human Rights is hereby authorized to execute a contractual agxeement with the U.S. Equal Employment Opportunity Commission to investigate dually filed employment discrimination complaints. Requested by Department oE Adopted by Council: Date ��q�� AdapYion Certified by Conncil Secretary gY' �� \°—� �=��'�-' Approved by yor: Date � l�t' f/ By: Human Rights By: W.H. Tyrone T rrill, Director Approval Rewmmended by Budget ' r.� B �y-�� `„�--�-�C Form d by City Attom . gy.—j- � � ^7"" �jr `' G Approve ayor for Submission to Council: By: _ 99 -18'� �. ��<� : _�. W. H. Tyrone Terrill - 266-8964 TOTAL # OF SIGNATURE PAGES 2nor99 � GREEN SHEET No so5os ■ u �,.R,��— �d„��_ � —� `—= ❑ � �..�,� �„«� Q�� a �wro.taewsa�srum i�l�e�� ❑ (CLIP ALL LOCATIONS FOR SIGNATURE) Authorizing proper City officials to execute a contract with the U.S. Equal Employment Opportuuity Commission for the provision of investigative services. PLANNING COMMISSION CB CAMMITTEE CIVIL SERVICE COMMISSION 3:�, Hes this c�rJfirm everMOrlced unaer a coMrxt ror mie department'7 ves rio Has this pe�rtn ever heen a city empbyee4 YES NO Does this pe�soMim possess a sidll not rwrmallypossessetl by arry curreM city employee9 YES IJO Is thia persoNfirtn a tarp�etl vendoY7 YES NO �lain all ves ansveis on senarate sMM aM attach W nreen shcet Work sharing agreement with the U.S. Equal EmploymentOppourtunity Commission (EEOC) regarding investigation of employment discrimination complaints. Department of Human Rights would receive remuneration for investigafive services provided on employment discriminafion complaints at an amount of $500.00 per charge and costs incurred related to training. None Department of Human Rights would provide investigative services without remunerarion from U.S. Equal Employment Opportuuity Commission. AMOUNT OF TRANSAC710N COS7/REVENUEBUDQETED(CRtCLEON� VES ACiMT/ NUtABER � (IXPWN) g n �° �b°i.4+�'.vc� �!�.i'v":aPi�v i ".d't,i�a'�3 F�� `� �� 4.. _ e _.— " :l� : i��:.. ._k ., . . tl ='��5� � ea3 6 �'u hn :.]`✓ F�� 11 1a99 NO � 9q - ^ AMENDMENT OF SOLICZTATZONJMOD2F2CATION OF CONTRACT 4' t0/O1l98 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMEHT MANAGEMENT DIVISION 7801 L STREET, N.Y. ROOM 2505 YASHINGTON, DC 20505 ST, ?AUL HUMAN RIGHTS DfPARTMENi 75 IJEST KELLOG BLVD., ROOM 900 ST. PAUL, MINNESOTA 55702 , street, 9JSOtOf1502 (If oiher tfian Item 6) E�UAL EMPLOYMENT OPPOR7UNITY C�MMIS MILNAUKEE DISTRICT OFFICE 310 VES7 411SC�NSIN AVENUE SiE. SDO MILUAUKEE, VISCONSIN 5320'5-2292 1 �\ co, OS/29/97 C� e) 15. THSS ITEM ONLY APP17E5 i0 AMENDMEN75 DF SOLICITATIONS ❑ The above numbered solicitation is amended as set forTh in Item 7G. The hour and date specified for receipt ofi OffefS ❑ is eXtended, ❑ is not extended. Offerors must acknoN(edge receipt of this amendment prior to the hour and date specitied in the solicitaiion or as amended, by one of the 4ollouing methods: La) Sy compleiing Items 8 and 75, and returning copies of the amendment; (b) By acknouledging receipt of this amendment on each copy of The offer suhmiiie�o� ([) Sy separate tetter or telegram which inctUdes a reference to the solicitation and amendment n�unbers. FAILURE OF YOUR ACKNOIJLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT �F OFFERS PRIOR TO THE HDUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YWR OFFER. If by virtue of this amendment you desire to change an offer atready su6mitted, such change may be made by telegram or lecter, provided each tele9ram or letter makes reference to the soliCitation and this and is feceived prior to the opening hour and date speGified. SEE PAGE 3 FOR ACCOUNTING AND APPROPRIATION DATA X 13. THIS ITEM APPLIfS ONLY i0 MODIFICATIONS OF CONTRACTS/ORDERS, IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14. on cata, etc.) SET FORTH ]N neK cspen ry type or motl�tication antl authority) CLAUSE H.70, OPTION TO EXTEND THE TERM OF CONTRACT. ucn as OF FAR E. IMPORTANTi Contractor ❑ is not, � is required to sign this doasnent and return 3 copies to the ect matter PURPOSE: EXERCISE OF OPTION II X � 7l5010)9169 ngs, Pur5uant to Clause H.1D, OPTION TO EXTEND THE TERM OF THB CONTRACT, the Government hereby exezcises Option Year 2 to extend contract performance for a period of nine (9) months commencing October 1, 1998 to June 15, 1999. The contract will be modi£ied to extend the period of perfozmance £rom June 16, 1999 to September 30, 1999. Due to EEOC's aruival appropriation, EEOC can only spend £unds from October 1, 1998 to June 15, 1999. < See Continuation Sheet(sj > provided herein, all terms and condit9ons ot the document referenced in Item 9A or 10A, as heretofore . �:,.� ......�.-..,_..a __. :_ ..� "" _' _ `__' or pr BY JEFFREY A. ROSENFELD CONTRACTING OFFICER �» NSN 7540-01-152-BD70 30-105 STANDARD FORM 30 (REV. 10-83) PREVIOUS E�ITION UNUSPBLE Prescribed by GSA FAR (48 CfR) 53.243 °l`i-�8q Al2ENDMENT OR SOLZCITATIONjMODIPZCATION OF CO27TRACT i �' CONTRACT ID [DDE � 2. AMENDMENTIM06IFILATION N0. 3. EFFECTIVE DATE 4. REOUISITIOHJPURCHASE REO. N0. 4 ( 10/01/98 ( 9/5070/1502 14. DESCRIPTI�N OF AMENDMEHTJMODIFILATION (Or9aniied by UCF section headi subject matter where feasible.) - C�NTINUATION Ef£ective as of the date in Block 3 of this modi£ication. � 2 5. PROJECT N0. (If appticable) STANDARD FORM 30 - CONTINCTATION qq �r1 Contract No. 7/5010/0169 Modification No. 4 Page 3 of 4 I. OPTION PERIOD II �� . ��M � ► � � J�I! 0301 Processing and resolving, at a price of �500 $ 32,�( per charge, �4 Tifle VII, ADEA, and ADA charges. Each charge must have been fited since October 1, 1994, and resolved in accordance with a Chazge Resolution Plan, if applicable. 0302 Travel and other costs related to attendance and $ 1,�00 provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD In: $ 33,200 The accounting and appropriation data is as follows: 9/5010/22(4116 - � 32,0�0 OBLIGATE 9/5010/08/4106 - $ 1 200 OBLIGATE Section F- PE LOD OF P RMAN „ The period of performance is hereby extended as stated in Section F, Paiagraph F.1. As a result of this modification, the total contract price is increased by $ 33 from $ 53 253.97 to a new total of $ gC,453•97. \\ qq-�r�, Contract ATo. 7J5010/0169 Modification No. 4 Page A of 4 IL In add#ion, the following are changes to the contracf: Section C- DHSCR�TION/SPE�' !WO K TA NT Replace Pages C-1 through C-5 with the attached Pages C-i through C-5. Section E- INSPECTTON AND ACC�PTANCE Replace Page E-1 with the attached Page B-1. Section F- DELIVERIES OR PERFORMliT3CE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- COI�ITRACT ADMINISTILATION DATA Replace Page G-1 with the attached Page G-1. 5ection H- 4PECIAi CONTRACT RE(�LTII�F.MENTS Replace Page H-3 with the attached Page II-3. Sec6on 3- LIST OF ATTACAMENTS Incorpoiate Worksharing Agreement for Option II as Attachment D. Except as stated above, all other terms and conditions for the contract remain unchanged. U.S. EQUAL EMPL�YMENT aPP�RTUNITY COMMISSION ��_`�� UNIFORM CONTRACT FORMAT SECTION C - DESCRIPTION/SPEC./WORK STATEMENT Background R. 7here is an acknowledged need to ensure the employment rights o'� individuals granted - by Federai, State and Local anti-discrimination laws, and, The Equai Empioyment opportunity Commission (EEOC) is authorfzed by statute to utilize tfie services of State and Local Fair Employment Practices (FEP) Agencies to assist it in meeting its statutory mandate to enforce Titfe Vtt of the Civil Rights Act of 1 964, as amended, the Age Discrimination in Empioyment Act of 1967, as amended, and, the Americans with Disabiiities Act, and, The Equal Employment Opportunity Commission, pursuant to Congressionaf mandate to estabiish an integrated sysiem for more expeditious resofution of empioymeni 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 Coniractor. Scope ot Work A. The Contractor agrees to cooperate with the Equal Employment Opportunity Commission in the maintenance and enhancement of a national, integrated empioyment discrimination iaw enforcement and charge resoluiion system by accomplishing various objectives which inciude, but are �ot limited to, tfie foVfowing: lmplementation 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 compatibie with those of the EEOC; 3. Utilization by the Contractor of an employment discriminat'son charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contrector; 4. Utilization by the Contractor of processing terminoiogy (such as common language pertaining to types of resolutions) that is the seme as or compatible with that utilized by the EEOC; G1 a� -�� 7 5. The devetopment and maintenance of a system to ensure that EEOC and the Contractor maintain compatible procedural and substantive standards;and 6. The identification by the Contractor and EEOC of legisiative changes that may be appropriate fior the establishment of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resofution Pian that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. estabiishes 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 duai-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 responsibitities. 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 shaft 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 14. 1998, is herein incorporated by reference into this contract. C. It is understood and expressiy 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 cfiarge pending completion by the initial processor to minimize duplication of effiort. G2 �'9-��'7 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. Impiement in cooperation with EEOC, a system which permits each party to perform various functions on behalf of ihe other, among other things, accepting charges tor each other, within such sLatutory limits as may exis2; _- and _ _- 2. Commit itseif 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 tunds 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 pfaced 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 Locai FEP Agencies for Fiscal Year 1999 adopted by the Commission o� August 27, 1998 are incorporated in their entirety into this contract. III. Statement of Work ' A. Processinq of Charaes - Title VII CharQes and/or ADEA Charoes lif aopiicable! and/or ADA CharQes lif aooiicablel 1. The Contractor agrees, for the prices stated in Section B, to process individuat charges of empioyment 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 co�tract. 2. The Contract Monitor shail 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 shali inciude, but �ot 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 actuaily required to determine jurisdictionl o� resolutions based on the charging party's failure to establish a 6ona fide charge. " C-3 3. All charges submitted for credit under this contract shaii be completed by�t g � Contractor between October 1, 1998 and September 30, 1999, as foilows: a. All charges wili be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Titie VII of the Civii Rights Act of 1964, as amended the Age Discrimination in Empioyment Act ofi 1967, as amended, and the Americans with Disabilities Act, as appropriate. b. tnvestigation and resolution of individual charges pursuant to this , contract shall be conducted in a manner desigc,ed to�ffectuate reiiei for the charging paRy and shall be carried out as expeditiousfy as possible. c. Ali final actions, litigation and intake services for which payment is requested under this contract wili 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 tor ADA charges, and the Warksharing Agreement. d. Contract credit submissions will include firtai dispositions ot charges (i,e. final actions�. When administretive appeai rights exist, the finai disposition of a charge occurs only after the time for appeai has expired or the appeal has 6een processed to completion. In cases where the administrative appeaf has been processed, the date of the notice of the 'final result of the appeal is ihe operative date. This applies in alt cases where an admi�is?rative appeal is provided, whether the case is administratively resolved, di�missed, decided, or when no cause is found. For Title VII charges only, the fifteen day period during which Su6stantiai We+ght Review may be requested andlor the period during which a Substantiaf V+Ieight Review is conducted is not considered tor the purposes of computing the operative date of the finai dispos+tion of a charge. e. Contract credit submissions that are not fina! dispositions wili include: 1) Charges to be fitigated by the Contractor where EEOC receives copies of the comp�aints bearing contirmation of the filing dates with the Court, or other aQpropriata officia! confirmation of the filing dates of the complaints; 21 Certain types of charges that must be transferred to the EEOC that are not final actions by the Contractor, as specified in EEQC Order 916 (or the new State and locai Handbook when issuedl; and 3) intake services by the Contractor where EEOC accepts for processing a charge initiaily filed but not jurisdictional with the Contractor, or any othe� FEP Agency, and tor whicfi the Contractor has prepared ali charge intake documentation, inciuding a complete aftidavit, as required by the EEOC. In addition, contract credit for intake services will be given when EEOC accepts for processing a charge initialiy tifed 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 distences irom an EEOC or State FEP Agency office. C-4 Charge resotuuons submrtted for contrac; credit pursuanz to th�s contract will be identified by the Contractor by timely and accurate data entries on ihe FEPA Charge Data System,,if appiicabie. Where the Contractor is not on the FEPA CDS, charge resolutions submitted for credit pursuant to this contract wi11 be designated in a monthty status report from the Contractor to the Contract Monitor. qq ��'� 9• AIt charges will be processed by the Contractor in accordance with the Contractor's applicabie State or Locai Law. _ h. Contract credit wiif not be aliowed for any charge suhjeet to a processing fee. If such a fee is imposed or implemented during 2he ' period of the contract, the contract may be terminated in accordance with Clause 52.249-4, Termination for Convenie�ce of the Govemment. 4. fn order to ensure consistent levels of productivity toward established resuits, the contract monitor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-tourth of the totai charge resolutions required under the contract each quarter. G5 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRAC7 FORMAT SECTION E- INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE � q9-1'�'j inspection and Acceptance shali be made by the Contract Monitor or his/fxr designee on ,. behaif of the Director, Office of Field Programs, Equal Employment Opportunity Commission. inspection and Acceptance shali be made pursuant to the standards set forth in EEOC's Compliance Manual and in the appiicable section(s) of EEOC Order 916 (or the new State and Local Handbook when issued). The Contract Monitor will ensure that ihe Contrector maintains performance that is consistent with the criteria and requirements contained herein, as weil as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site evaluation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingly, the Contractor is expected to comply with reasonable requests for providing and/or making availabie 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 i�cludes but is not limited to staffing information, case managemeni printouts, cha�ge processing documentation, and any other material and data as may be related a�d/or apply to the processing of dual-filed charges or administration of the contract. E.2 NOTICE: The following solicitation provisions a�dlor contract clauses pertinent to this section are here6y incorporated 6y reference: FEDERAL ACQUtSITION REGULATION (48 CFR CHAPTER 1) CIAUSES 52.246� WSPECTION OF SERVtCES - FIXED PR(CE tAUG 1996) E-7 U.S. EQUAL EMPLOYP�IENT OPPORTUNITY COMMISSION UNIFORM COP(TRACT FORMAT SECTION F- DELIVERIES OR PERFORMANCE _ ............................_....... .... . F.1 _ _. PEE31L7 .: OF:�ERFE3#?hAAN�E �� Performance under this contract shall begin on October 1, 1998 through June 15, 1999. TFre Govemment witl unilaterally modify the contract to extend the period af perfortnance _ beyond June 15, 1999 to the end of the period of perfortnance. (See Clause H:10, "Option to Extend the Term of the Contract.") _... _ F.2 TiME: t3ELIVERXti)ELIVERIi�L�S A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS): The con:ractor must make accurate and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge infiormation is available for extraction by the Coilection Manager in a timeiy manner. Charge resolutions submitted for contraci credit review will not be accepted for payment if it is determined that any required data entry has �ot been made by the FEPA. A determination not to award contract credit made may be reversed under the procedures set forth in Section 11.6.5.a, of the FY 1999 Contracting Principies. " In addition, in order for a cfiarge to be eligibfe 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. 6.5.a of tfie FY 1999 Contracting Principies. In order to meet the requirement in the FY 1999 Contracting Principies at Section 11.6.2, that the Contractor shall provide EEOC with a list of final actions within a timeframe agreed upon by the Coniract Mon+tor and the Contractor, but usually no later than 30 days after the resolution of each charge, the Contractor must ensure the timety and accurate entry of data inta the FEPA CDS. The Contractor Monitor, wiii 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 wiii enter al! charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month fotlowing each quarter. F-1 B. Where the Contractor is not on the FEPA COS: °I`I -1 �''l 1. The Contractor shall submit quarterly contract production reports to the Contract Monitor for review. The quarceriy reports shalt consist of EEOC Forms 322 and 472. Upon award of the contract, the quarierly reports must be received by the Contract tvSonitor not later than the 8th calendaP day of the month following each quarter. 2. Separately, the Contractor shaii turnis`i to the Office of Field Programs, Field Management Programs and State and Locai Programs, Washington, D_C., written reports as may be ezpressly required by either of those units. ' 3. The Contractor shail provide EEQC with a list at cfiarge resofutions with respect to _ dual-filed charges within a timeframe agreed upon wiih the Contract Monitor, but no Iater than ihirty days after the charge resolution dates. The lists of charge resofutions wiit be provided on the EEOC Form 472. After receipt of the lists, if requested by the ContracL Monitor, the Contractor will forward all charge file information, or a copy of such information, within five workdays ot the requests. The EEOC Contract Monitor may extend or reasonabiy alter the five-day time frame as deemed necessary and appropriate. (�or non-certified ContraCtors, fite information must be submitted within tive days of su6mission of the Form 4721resolution listing unless the timeframe is extended or otherwise modified by the Ccntractor Monitor.y Failure to timely submit reports and Charge file information wili result in the denial of contract credit for the affected resofutions. 4. The Contractor mus2 make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency • Performance Report, and EEOC Form 472 FEP Agency Charge list. Aii reports-covering the first three quarters of the FY 'l999 contract must be received by EEOC prior to Septem6er 30, 7999. F-2 q9- Id�f U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G- CONTRACT ADMINISTRATION DATA Contracting Officer Contracting Specialist lnspection and Acceptance e Accounting and Appropriation Data: Contract Monitor (CM! Paying Office Jeffrey A. Rosenfeld Lachon Langhams Telephone: (202) 663-4220 See Section E of the Schedule See Block 14 of Page 1, SF-26 Chester V. Bailey, Director M+lwaukee Oistrict Office Telephone: (414) 297-12fi5 See Block 12 of Page 1, SF-26 Project Officer . E{izabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A Washington, D.C. 20507 Tefephone: (202) 663-48d1 G.1 CONTRACTiNG OFFICER Notwithstanding any of the provisions ofi this contract, the Contracting Officer shail be the only individual authorized to amend or modify any ofi the terms ofi the contract or redirect the efforts of the Contractor. G.2 CONTRACT MONITOR tCM) 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 shall monitor the contract for the Director, Otfice of Fieid Programs and provide the Contractor with technical guidance. Technical guidance shall mean fiiling in the details or otherwise expiaining 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 aii phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 q9-1t7 H.9 GHXR�;�=13,A"TA'SYS�`E�>r[IA3#i�;AS;� 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 seconciliation, EEOC may reguest a hard inventory of the Contractor's charge inventory. SUCh hard inventory must be conducted in accordance with guidelines prescribed by the EEOC. � li.10 i3P�iC�35t 3i3 _EX"�'£i1lF� �iiE TEi31S� £,!�'�'IiE;CQ4�'i'�,G'f This contract is renewable at the prices stated eisewhere in the contract, at the option of the Government, by the Contracting Officer giving written notice of renewal to the contractor by the fiirst day of each Government fiscal year, provided, ihat the Contracting Ofificer shall have given preliminary notice of the Governmeni's intention to renew at least 60 days before this contract is to expire. Such a preliminary notice of intent to renew sha11 not be deemed to commit the Government to renewais. lf the Government exercises this option for the renewai, the contract as renewed shall be deemed to include this option provision. However, the totat duration ot this contract, inciuding the exercise of any options under this ciause, shafl not exceed 36 months. Base Period - October 1, 1996 through September 30, 1997 Option Period I- October 1, 1997 through September 30, 1998 Option Period II - October 1, 1998 through June 15, 1999 The contrect wili be modified to extend the period of performance from June 16, 7999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can only spend funds from October 1, 1998 to June 15, 1999. H-3 91- ��''1 WORKSHARING AGREEHENT BETWEEN St. Pavl Department of Human Rights and EQUAL EMPLOYMENT OPPaRTUDIITY CAMMISSIOPI FOR FISCAL YEAR 1999 I. SNTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of one or more employees occurring within the City of St. Paul based on race, creed, religion, sex, sexual or affectional orientation, color, national origin, ancestry, familial status, age, disability, marital status, or status with regard to public assistance, pursuant to Chapter 163 of the St. Paul Legislative Code (Human Rights Ozdinancej. The Equal Employment Opportunity Commission, hereinafter referred to as EEOC, has jurisdiction over allegations of employment discrimination occvrring throughovt the United States where such charges are based on race, color, zeligion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1464, as amended (42 U.S.C. § 2000(e)) (hereinafter referred to ae 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, aa amended (29 U.S.C.S 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.S 206), and over allegations of employment discrimination based on disability pursuant ta Title Z of the Americans with Disabilitiea Act of 1991,(42 U.S.C. § 12101j. B. in recognition of, and to the extent of the common jvrisdiction and goals of the two (2) Agencies, and in consideration of the mutval promises and covenante contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuala with an efficient procedure for obtaining redress for their grievances under appropriate City and Federal lawa. IZ. FILING OF CHARGES OF DISCRZMZPIATIOIi A. In order to facilitate the assertion of employment righta, 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 I � - q.q-id� � charges. EEOC's receipt of charges on the FEPA•s behalf wi11 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 alleginq 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, eo long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section ZIZ. A. 1. below, refez them to the EEOC for initial processing. C. Each Agency will inform individuals of their riqhts to file charges directly with the other Agency and ot 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. Normally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the St. Paul Department of Human Rights 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 Laking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section ZZI (DIVISION OF-INITIAL CHARGE-PROCESSING RESPONSIBILITIES). D. For charges that are to be dual-filed, each Agency will use EEOC Charge Form 5(or alternatively, an employment discrimination charge Eorm which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. 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 eharge it receives for initial processing and explain the rights and zesponsibilities of the partiea under the applicable Federal� State, or Local statutes. III. DIVISZON OF INITIAL CHARGE-PROCESSZNG RESPONSIBILITIES In Yecogn3tion of tbe 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 gursuant 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 followa: 2 99-1�'� r A. EEOC and the FEPA will process all Title VZI, ADA, and ADEA charges that they originally receive. 1. For charqes 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 pzoceed immediately with the processing of such charges before the 61st day. Zn addition, the EEOC will initially procesa the following charges: -- All Title VIZ, ADA, and concurrent Title VZZ/ADA ehargea jurisdictional with the FEPA and received by the FEPA 240 days or more after the date oP violation; -- All concurzent Title VZIjEPA charges; -- All charges aqainst the FEPA or ita parent organization where such parent organization exercises direct or indirect control over the charge decision making process; -- All charges filed by E£OC Commisaioners; -- Charges also covered by the immigration Reform and Control�ACt; -- Complainta referred to EEOC by the Department of Justice, Offiee of Federal Contract Compliance Programa, or Federal fund-granting agencies under 29 CFR g 1640, 1641, and 169]. -- Any charge vshere EEOC ia a paYty to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for Eiling a charge with EEOC ar for cooperating with EEOC; and -- All charges against Respondents which are designated for initial procesainq by the EEOC in a supplementary memorandum • to this Agreement. 2. The FEPA will initially proceas the followinq types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; � qq-18'? -- Any charge where the FEPA is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and aqreement, ie relevant to the dispoeition 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; -- A11 charges which allege more than one basie of discrimination where at least one basis is not� eovered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- A11 charges against Respondents which are designated for initial processinq by FEPA in a supplementary memorandum to this Agreement; and -- All disability-based charges against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may zequest to be granted the right to initially proceas 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 notiEy the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by oae Agency against a Aespondent an the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation unit within 10 working days. IV. EXCHANGE OF INFORMATIOtS A. Both the FEPA and EEOC shall make available for inspection and copying to appropriate officials from the other Agency any infermation whieh may assist each Agency in carrying out ita responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing information, case management printouta, charge processing documentation, and any other material and data ae may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting information aqrees to comply with any confidentiality reqvirements impoaed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agreea to observe the confidentiality provisions of Title VZI, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the CI a9 -18"� working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany oz to observe its personnel when processing a ehazge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified ae priorities on the NEP and LEP. The FEPA's liaison officer will promptly notify the MDO's State & Local Coordinator of charges that can be added to the LEP as ptiorities. 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 Loeal Handbook as revised. B. For the puTpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copiea 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. investiqation and resolution of all relevant issues alleginq personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcing compliance with all terma of conciliation agreementa, orders after public hearing or consent ordera to which the FEPA is a party. C. in order to be eliqible for contract credit and/or payment, submissiona must meet all the aubetantive and administrative requirements as etipulated in the Contracting Principles. D. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging __ party has no adminiatrative recovrse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEHENTATION OF TH& WORRSHARING AGREEMENT A. Each agency Will deaignate a peraon as liaison official for the other agency to contact concerning the day-to-day implementation for the Agteement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. 5 > qq -1 d"� B. The agencies will monitor the allocation of charge-processing responsibilities ae set forth in the Agreement. where it appears that the overall projection appears inappropriate, the appropriate portione of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual tc be used by the FEPAs in correspondence with Charging Parties and Respondents. D. If a dispute regarding the implementation or application of this agreement cannot be resalved by the FEPA and District Office Director, the issues will be reduced to writing by both partiee and forwarded to the Director of the Office of Program Operationa for resolution. E. This�reement hall operate from the first (lst) day of October 1998 �he thirtieth (30th) day of September•1999 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement Z accept and agree to the provisions contained therein. i � Date � chester V. Baiiey, District Director Milwaukee District Office Equal Employment opportunity Commiss � Date __�L �� .�iii�� W. H. Tyrone rrell � St. Pavl Department of Human Righta �i