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98-273Council File # t0 � o� ! J OR�GINqL Presented By Referred To Co�ittee: Date WHEREAS, the Saint Paul Department of Human Rights is a Fair Employment Practices Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enforce Title VII, ofthe Civil Rights Act of 1964, as amended; and, WHEREAS, the U.S. Equa1 Employment Opportunity Commission (EEOC) is authorized by statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commihnent to developing and enhancing a system of "partnership" with FEP agencies; and, WFIEREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights for the 1997/1998 fiscal yeaz, therefore, be it 10 RESOLVED, that the Saint Paul Department of Human Rights is hereby authorized to execute a 11 contractual agreement with the U.S. Equal Employment Opportunity Commission to investigate 12 dually filed employment discrimination complaints. RequestedbyDe arimento£ HUman Rlghts� �•�' B Y� _ . Approval Recommended by Budget D'uector: Adopted by Council: Date � `x \qq � !/,�/q . � Adoption Certified by Councit Secretary B Approved by May r. Date (� B Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 21 �-�50� � DEPARTMENT/OFFICHCOUNCIL Human Rishts W. H. Tvrone Temll - 266-8964 � CR'IATiobEt ��G � � FIIMICIRLiFRY1CFf � � wvae(w��amT�wry (CLIP ALL LOC � alVailllt � AYICMLiFRV/KCT6 ❑ SIGNATURE) � 3/16/9s GREEN SHEET � No 60�02 InM1aUDa� NXIWDye �� / �,.R,�� .. 1VSIf:N NUMB9lFdt ROUiIH4' ORDER TOTAL # OF SIGNATURE PAGES,� Authorizing proper City officials to execute a contract with the U.S. Equal Employment dpportunity Commission for the provision of investigafive services. RECESVED MAR 2 � 1998 PLANNING COMMISSION CIB COMMI7TEE CML SERVICE COMMISSION Has thic person/firm ever warketl YES NO Hae this a�soNfirm ewx been a dty empwyce9 , YES NO Does this persorUfum P� a sldil not normaiNG�sessed bY anY curterR cRY �nD�oY�� YES NO ts Mis persaMflrtn atar0eted vendoff YES � Work sharing agreement with the U.S. Equal EmploymentOpponrhuiity Commission (EEOC) regazding invesrigation of employment discrimination complaints. Department of Human Rights would receive remuneration for invesrigative services provided on employment discrimina6on complaints at an amount of $500.00 per charge and costs incuned related to training. �ur�a� Research G�nter None ,, �,• , , Departxnent of Human Rights would provide investigative services without remuneration from U.S. Eaua1 Emnlovment Onoortunitv Commission. �UNT OF TRANSACTION � 3�0��• � SOURCE v/. S�f �! e I� MFORMATON (FXPW� COST/REVENUE BUDOE7ED (CIRCLE ON� YES NO �� 3/� S'� .�/ - ACTNITYNUMBER � , .. �� T� r ' �� ♦ � �, � , � DEPARTMENT OF HUMAN RIGHTS CITY OF SAINT PAUL Norm Coteman, Mayor MEMORANDUM DATE: TO: FROM March 16, 1998 Mayor Coleman City Council Members Budget D'uector City Attomey Tyrone Terrill Director W. H. Tyrone Terrill, D'uector � �� -� 900 City Hali Telephone: 612-266-8966 IS W. Kellogg Boulevard FacsimiZe: 612-266-8962 SaintPaul, MNSSIO2-168I ZDD: 612-266-8977 SUBJECT: Resolution Authorizafion - Equal Employment Opporiunity Commission Contract (EEOC) In fiscal year 1994-1995 the Department of Human Rights (DHR) entered into a contract and work sharing agreement with U.5. EEOC. The contract provided that the EEOC would pay the DHR for each employment discriminarion case (Tifle VII, ADA, ADEA) that the DHR investigated when the case was dual filed with the EEOC. The EEOC has expressed a desire to continue the contractual relauonskdp with the DHR for the 1997-1998 �scal year. The Department of Human Rights is requesting authorization to execute the contractual agreement with the U.S. EEOC for the 1997-1998 fiscal year. The contract is for an estimated amount of $31,200.00. Aa Affirma[ive Acpon, Fm,ai OpporNnity Employer CITX OF SAINT PAUL Norm Coleman, Mayor March 16, 1998 Ms. Lachon N. Raifozd DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Teirill, D'ueetor �� a,� J' St�O City Ha11 Telephone: 6I2-2668966 IS W. %ITogg Boulevard Facsimile: 612-2668962 Saint Pau1, MN55102-I681 TDD: 612-266-8977 Contract Specialist U. S. Equai Employment Opportunity Commission Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D. C. 20507 Dear Ms. Raiford: This is a follow-up to the telephone conversation you had today with Ms. Bonnie Jellinek in which she aclaiowledged that we had received EEOC's Contract Modification No. 3 on Friday, March 13, 1998. The accompanying letter stated that the contract should be signed within 10 days from receipt of the letter. The contract must approved by the City Attorney, Budget Director, Mayor and City Council. Since our City Council only meets once a week on Wednesdays, we are requesting an extension of tUirry (30) days in order to allow us time to get the matter before the City Council. If you should have any questions, please contact me at {612) 266-8964. Thank you for your consideration in this matter. Sincerely, W .�— � W. H. Tyrone Terrill Director Sent by fax: (202} 663-4178 Post-it� Fax Note 6 7671 �� L. M Affitma[ive Action, Equa] Opportunity Employer �.�� U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION �� ,.�s�? �l '�r> +i Washington, D.C. 20507 A ��6 � Y St. Paul Human Rights Deparhnent 15 West Kellog Bivd., Room 900 St. Paul, MN 55102 q�-a�� % ��f�� :v�> Subject: Contract 1�To. 7/5010/0169 ; `1 ` '�?� - �=.,:.,, s , -v 9' �'tli... Dear Director: =-'� Enclosed are four (4) copies of proposed Modi�cation No. 3 of subject contract. In order to expedite the execution of this modification, please return three (3) signed copies of the modification within fen (10) days from receipt oF this letter to the following address: Equal Employment Opportunity Commission Procurement Management Division 1801 L 5treet, N.W., Room 2505 Washington, D.C. 20507 The fourth copy is for your records. ilpan execution by the Government, one fully executed copy of the modi�cation stamped "DUPLICATE ORIGINAL" will be returned to you for your �les. Any request for extension should be via telephone or in writing. Facsimile requests are acceptable. Our facsimile telephone number is (202) 663-4178. In the event you have any questions regarding this contract, please contact Lachon iV. Raiford, Contract Speciatist, on (202) 663-4220 or me at (202) 663-4223. f ' �_ %� Of�cer ancial and Resource Management Enclosures i' y E 1 ., AMPNDMENT OF SOLICISATZON/MODIFICATION OF CQNTRACT 3 10/07/97 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMENT MANAGEMENT DIVISION 1801 L STREET, N.IJ. ROOM 25�5 WASHINGTON, �C ZOS�f neuvc HRU NUUKWd V[ LUN1K0.6fUK (NO.. CT�caf e-n� S7. PAUL HUMAN RiGHTS DEPARTMENT �5 WEST KELLOG BLVD., ROOM �00 ST. PAUL, MINNESOTA 55102 xea (spen ty type ot modification and authority) CIAUSE H.10, OPTION TO EXTEND THE TERM Of CONTRACT. ii. TNIS STEM ONLY APP4IES TO AMENDMENTS OF SOLILI7A7IONS ❑ The above numbered solicitaTion is amended as set forih in item 14. The hour and da[e specified for receipt of Offers ❑ is extended, ❑ is not exTended, Offefors must acknouledge receiFC of this amendment prior 2o the fiov date specified in the solicitation or as amended, by one of xhe follouing methods: <a) By completing Items 8 and 1 and returning copies of the amendment; (b) By acknouledging receipt of xhis amendmenT on each copy of the offier subnitt�(c) By—s�arate letter or telegram uhich includes a reference to the soficitation and amendmen numbers. FAlIURE OF YOUR ACKN�LILE4GMENT TO BE RECEIVED AT TNE PLALE DESIGNATED FOR TME RECEIPT OF OFFERS PRIOR TO HOUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to chang an offer already sutxni2ted, such change may be made by telegram or letter, provided each teLegram or letTer makes reference to the soticitation and this amendment, and is received prior To the opening hour and date specified. SEE PAGE 2 fOR ACCOUNTING AND APPROPR7ATION DATA 13. TNIS ITEM APP�IES ONiY TO MOD[fICAT10NS 6f CONTRACTSlORDERS, 17 MWIfIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 74. IN ITEM approprtatwn data, ecc.> SET X 8/5010/7501 (If o2her than Item 6) -- E�UAL EMPLO7MEHT OPPORTUNI7Y COMMIS MILUAUKEE OISTRICT OFFICE 370 4EST UISCONSIN AVENUE SiE. 800 MILUAUKEE, IJISCONSIN 5320`5-2Z92 � F` -2�� PAGE OF PA6ES 7 3 5. PROJ£Ci N0. (If appLicable) YN. UAIEU ISEE 17EM 1�) tOA. MODIFICA7ION OF CO X 7/5070/0769 106. DATED (SEE ITEM 13 OS(29l47 <wiive LIIANG[5 csucn as SO THE AUTHORITY OF fAR E. IMPORTANT: Contractor ❑ is noi, � is required to sign 2his docwnent and return 3 copies to the :t matter NM1ere teaslble.) PURPOSE: EXERCISE OF OPTION I 7�l Pursuant to Clause H,10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hexeby exercises Option Year 1 to extend contract per£ormance for a period of twelve (12) months commencing October 1, 1997. Effective as o£ the date in Block 3 0£ this modification. al NSN 7540-01-152-8070 PREVIWS EDITION UNUSABLE and 7HE � antl coMlYiorvs of the docwnent referenced in Stem 9A or }OA, as heretofore dl force and etfect_ or priM) 76A. NAME AND TtTIE OF CONiRACTING OFFICER (Type or prinU JEFFREY A. ROSENFELD CONTRACTING OFFICER iSC. DATE SIGNED 168. UNITED STATES Of AMERICA , 16C. DATE SIGNED BY i n) (Si nature of Contractin officer> 30-105 STA27DARD FORM 3� (REV. t�-83) Prescribed by fiSA FAR (48 CPR) 53.243 �� Contract \'o. 7/5010/0164 Mo�cation No. 3 Page 2 of 3 I. OP?70N PERIOD I- Ocfober l, i497 throuah September 30, I998 �f.IN: = B�SGii.�Ii3N . r�'t+�4T�� 0201 Frocessing and resolving, at a price of $SOQ $ 30.000 per charge, 60 Title VII, ADEA, and ADA charges. Each charge must have been filed since October 1, 1993, and resolved in accordance with a Charge Resolution Plan, if applicable. 0202 Travei and other costs related to attendance and provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD �: The accounting and appropriation data is as follows: 8/5010/22l4116 - $ 30.QQ0 OBLIGATE 8/5010/0814106 - $1_ OBLIGATE SECTION F- PERIOD OF PERFORMANCE. The period of performance is hereby extended from October 1, 1997, through September 30, 1998. $ 1.200 $ 31.200 As a result of this modification, the total contract price is increased by $ 31.200 from $ 22.053.97 to a new total of $ 53.Z53.97 . 1' s. , , 10 - a `�� Contract \'o. 715010/0169 Modi�cation No. 3 Page 3 of 3 II. In addition, the following are changes to the contract: Section C - DFSCRIPTION/SPEC.lWORK STATEMF.NT Replace Pages C-1 through C-5 with the attached Pages C-1 through G5. Section E- INSPECT'ION AND ACCEP'TANCE Repiace Page E-1 with the attached Page E-i. Section F- DELIVERIFS OR PEI2FORMANCE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- CONTRACT ADM[NISTRATION DATA Replace Pages G-1 through G-4 withthe attached Pages G-1 through G-4. Section H- SPECIAL CONTRACT REQTJIREMENTS Replace Page H-2 with the attached Page H-2. Section J- LIST OF ATTACfIIvIENTS Incorporate Worksharing Agreement for Option I as Attachment D. Farcept as stated above, all other tenms and conditions for the contract remain unchanged. L �l� -a�t � U.S. EQUAL EMPLOYMENT �PpORTUNITY COMMlSSIQN UNfFORM CONTRACT FORMAT SECTION C- OESCRIPTION/SPE -'wnaK STATEM NT Background A. There is an acknowiedged need to ensure the employment rights of individuals granted by Federal, State and Locaf anti-discrimination lativs, and, The Equal Employment Opportunity Commission (EEOC) is auihorized by statute to utilize the serv+ces of Siate and Local Fair Employment Practices IFEP) Agenc�es to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended, the Age Discriminatio� in Employment Act of 1967, as amended, and, the Americans with Disabilities Act, and, B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate to establish an integrated system for more expeditious resolution of employment discrimination charges, has committed itseif to continued deve4opment and enhancement of such a system in partnersfiip with the FEP Agency, hereinafter referred to as the Contractor. ll. Scope of Work A. The Contractor ag�ees to cooperate with the Equa1 Employment Oppoctunity Commission in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives which include, but are not limited to, the following: Implementation by the Contractor of procedures that provide for prafessionaiized intake of aVi charges the FEPA initiafly receives, prompt notification io respondents, resolution of charges on a current basis, determinations supported by evidence, and reso{utions with remedies; 2. The training of Contractor personnei in charge processing procedures compatibta with those of the EEOC; 3. Utilization by the Contractor of an employment discrimination charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contractor; �. Utilization by the Contractor of processing terminofagy (such as common language pertaining to types of resolutio�sl that is the same as or compatible with that utilized by the EEOC; � C-1 . . � ��-a�� 5. 7he development and maintenance of a system to ensure that EEOC and the Contractor ma+ntain compatible procedural and substantive standards; and 6. The identification by the Cantractor and EEOC of legislative changes that may be appropriate for ihe estabiishment. of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resolution Plan that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives; c. develops procedures and processes designed to reduce inventories of duaf-filed charges tfiat wili ensure maintenance of a charge inventory of less than 365 days; and d. ensures that quality standards are met and are commensurate with EEOC's policies and statutory responsibilities. B. The Contractor further agrees that when agreement on implementation of any of the above mentioned items is reached, the details of such an agreement shal! be reflected in a Worksharing Agreement whose effective date wilt run consistent with the efifective dates of this contract. Upon execution, the Worksharing Agreement dated September 1 1. 1997, is herein incorporated by reference into this contract. C. It is understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the executed Worksharing Agreement between the Contractor and EEOC provide that once EEOC or the Contractor has been designated to process the charge, the other shafl refrain trom processing the charge pending compietion by the initiai processor to minimize dupiication of effort. G2 ��_a�13 D. It is `urther understood and expressfy agreed to by both parties to this contract that, as a condition to the maintenance ot this contract, the Contractor shall: 1. Imolement in cooperavon �+vrth EEOC, a system which permrts each party :o perform various functio�s on behalf of the other, among otfier th�ngs, accepting charges for each other, within such statutory limits as may exist; and 2. Commrt itself to maintenance of effort. it is the intention of the EEOC to purchase services from the Contractor. Therefore, shouid the Contractor or the governmental body which provides its fu�ds reduce the Contractor's resources in anticipation of or as a resuft of EEOC contract funds, the EEOC may consider any reduction in the Contractor's funding from its funding source, restr�ct{on placed on the use of its funds, or changes in the Contractor's operating ptocedures 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 ail provisions of the EEOC's Contracting Principies for State and Local FEP Agencies for Fiscal Year 1998 adopted by the Commission on Ju(y 8, 1997 are incorporated in their entirety into this contract. lil. Statement of Work ' . - . . . .- - �- •- . . • � . .- _.. .. - . . � r_ .- _.. .. - — t. The Contractor agrees, for the prices stated in Section B, to process individual charges of employment discrimi�ation exclusive ot any charge processing resulting from other contraets for the resolution of charges that may be in effect between the Contractor and the EEOC during the term of this contract. 2. The Contract Monitor shall be responsible for transmitting charges initially received by EEOC to the Contractor. The Contracior fuRher agrees that the charges submitted to �EOC for contract credit review shall include, but not be limited to, no cause findings, successful settlements, success#u! conciliations, adminisisative resotutions, final orders issued foliowing and pursuant to administrative hearings and litigation. No contract credit will be awarded by EEOC for resolutions by the Concractor based on no jurisdiction (except in cases where an investigation is actualiy required to determine jurisdictioni or resolutio�s based on the charging party's faifure to estabfish a bona fide charge. G3 ' q�-�R� +' 3. Ali charges submrtted fcr credit under cnis contract snall be compie*.ed by the Contractor between October 1, 1997 and September 30, 1998, as fcllows: a� Afi charges will he evaluated and determfnations made �n acccrdance with the theories of discriminanon in empioyment as developed under Tit�e VII of ,he Civil Rights Act of 1964, as amended the Age Discrimination in Empioyment Act of 1967, as 2mended, and the Amencans wrth D+sabilities Act, as appropriate. b. lnvestigation and resolution of individual charges pursuant ;o th�s contract shail be co�ducred in a manner designed to ef`ectuate reliei `or the charging party and sha11 be carried out as expeditiously as possible. c. All final actions, litigation and intake services for which payment is requested under this contract will be processed and awarded contract credit, in compliance with EEOC Order 916 (or the new State and Local Handbook when issuedl, the ADA Technical Assistance Manua4 for ADA charges, and the Worksharing Agreement. d. Contraci credit submissions wifl include final dispositions of charges Si.e. finai actionsl. When administrative appeal rights exist, the f'rnal dispositio� of a charge occurs only after the time for appeal has expired or the appeal has been processed to completion. In cases where the administrative appeal has been processed, the date of the notice of the final result of the appeal is the operative date. This applies in ail cases where an administrative appeal is provided, whether the case is administratively resolved, dismissed, decided, or when no cause is found. For Titie VII charges only, the fifteen day period during which Substantia{ YVeight Review may be requested and/or the period during which a Substantial Weight Review is conducted is not co�sidered for the purposes of computing the operative date of the finai disposition of a charge. e. Contract credit submissions that are not final dispositions will incfude: 11 Charges to be litigated by the Contractor where EEOC receives copies of the compiaints bearing confirmation of the filing dates with the Court, or other appropriate officiai confirmation of the filing dates of the compiaints; 2) Certain types of charges that must be transferred to the EEOC that are not finaf actions by the Contractor, as specified in EEOC Order 916 tor the new State and Locai Handbook when issuedl; and 3) Intake services by the Contractor where EEOC accepts far processing a charge initially filed but not jurisdictionaf with the Contractor, or any other FEP Agency, and for which the Contractor has prepared all charge intake documentation, inciuding a complete affidavit, as required by the EEQC. in addition, contract credit tor intake services wi11 be given when EEOC accepts for processing a charge initially filed with but not jurisdictional with the Contractor, and the Contract Monitor determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or State FEP Agency office. [�1.�! °t�-a� � �` "� f Charge resolutions subm�tted tor contract credrt pursua�t :o ;h�s contract will be idertified by the Contractor by timely and accurate data entnes on the FEPA Charge Data System, �f appiicable. Where tne Contractor s not on the FcPA CDS, charge resolutions subm�tted for credit oursuar.t to this contract will be designated in a monthiy status report �rom rhe Contrzctor ;o cne Contract Monitor. 9• AH charges �.vili be prccessed by the Contractor in accordance w�th tne Contrac:or's applicable State or local Law. h. Contract crecit �,vill not be allowed for a�y charge sub�ect to a orocess�ng fee. !f such a fee is imposed or impfemented dunng the period of the contract, the contract may be terminated in accordance with C�ause 52.249-4, Termination for Convenience of the Government. 4. 1n order to ensure consistent levels of productivity toward established results, the contract mo�+tor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-fourth of the total charge resolutions required under the contract each quarter. C-5 ^ .. U.S. EpUAL EMPIQY�AE.+�!? OPPORTISf::TY COMMISSION UNiF�RM CONTRACT FORMAT SECTfON E- INSPECTION AND ACCEPTANC E.1 INSPECTION AND qCCEPTANGE inspection and Acceptance shail be made by the Contract Monitor or hisiher desrgnee on behalf of the Director, Office of Field Programs, Equaf Empfoyment Opportunity Commission. Inspection and Acceptance shaii be made pursuant to the standards set forth in EEOC's Compliance Manual and in the applicable section(s� of EEOC Ordet 916 {or the new State and Local Handbook when issuedl. The Contract Monitor wili ensure that the Contractor maintains performance that is consistent with the criteria and requirements contained herein, as well as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site eva4uation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingiy, the Contractor is expected to comp�y with reasonabie requests for providing and/or making avaifable information concerning various aspects of their processes and procedures as they reiate to or impact on the management and disposition of the dual-filed inventory. Such information inciudes but is not limited to staffing infocmation, case management printouts, charge processing documentation, and any other material and data as may be related andlor apply to the processing of dual-filed charges or administration of the contract, E.2 NOTICE: The following solicitation provisio�s and/or contract clauses pertinent to this section are hereby incorporated by reference: FEDERAL ACQUIS1T10N REGUTATlON (48 CFR CHAPTER 1) CLAUSES 52.246-4 INSPECTtOh OF SERVICES - FIXED PRICE (APR 1984) E-t ' � 11.S. EQUAL EMPLOYMENT OPPORTUNITY COMMiSStON 1� UNIFORM CONTRACT FORhlQT • � •• ' � •-LL•� F.1 PERIOQ OF PERFf1RNfA11€CE Performance under this contrect shail begin on October 1, 1997 and be compieted by September 30, 1998. (See Clause H.10, "Option to Extend the Term of the Contract F.2 TtME OF DEUVERYlDELlVERABLES A. Where the Contractor is on tfie EEOC's computerized charge data system 1FEPA CDS1: 1. The contracior must make accurete and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge information is availabie tor extraction by the Coiiection Manager in a timeiy manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been 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 1998 Contracting Principles. in addition, in order for a charge to be eligible for contract credit, basic charge data must be entered into the FEPA CDS within five days of the Contractor's receipt ot each charge as set forth in Section i{. B.�xa of the FY 1998 Contrecting Principles. 3. In order to meet the requirement in the FY 1998 Contracting Principles at Section 11.6.2. that the Contracto� shaii provida EEOC with a tist of final actions within a timeframe agreed upon by the Contract Monitor and the Contractor, but usually no fater than 30 days after the resolution of each charge, the Contractor must ensure the timely and accurate entry of data into the FEPA CDS, The Contractor Monitor, will generate charge data lists and reports through the FEPA CDS to verify tfiat this requirement is being met througfiout the term of this contract. 4. The Contractor will enter ail charge daia for contract credit submissions through each quarter not late► than the 8th calendar day of the month fotfowing each quarter. F-1 � � , • ��-a'l� B. Where che Contractor is not on the FEPA CDS: The Contractor shall submit quarterly contract production reports to tfie Contract Monitor for review. The quarter(y repotts shali consist of EEOC Forms 322 and 472, Upon award o{ the contract, the quarterly reports must be received by the Contract Monitor not later than the 8th calendar day of the month following each quartes. 2. Separately, the Contractor shall furnish to the Office of fiefd Programs, Field Management Programs and State and Local Programs, Washington, D.C., written reports as may be expressfy required by either ot those units. 3. The Contractor shall provide EEOC with a list of charge resolut+ons with resoect to dual-filed charges within a timeframe agreed upon with the Contract Monrtor, but no later tha� thirty days after the charge resolution dates. The lists of charge resolutions will be provided on the EEOC Form 472. After receipt of the lists, if requested by the Contract Monitor, the Contractor wiil forward all charge file information, or a copy of such information, within five workdays of the requests. The EEOC Contract Monitor may extend or reasonably atter the five-day time frame as deemed necessary and appropriate. (For non-certified Contractors, fiie information must be submitted within five days of submission of the Form 472/resoiution fisting unless the timeframe is extended or otherwise modified by the Contractor Monitor.) Failure to timely submit reports and charge file information will result in the denial of contract credit for the affected resolutions. 4. The Contractor must make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency - Pertormance Report, and EEOC Form 472 FEP Agency Charge list. All reports covering the first three quarters of the FY 1998 contract must be received by EEOC prior to September 30, 1998. F-2 � .. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIPORM CONTRACT FORMAT SECTION G- CONTRACT ADMiNISTRATION pATA Contracting Officer Contract Specialist inspection and Acceptance Accounting and Appropriation Data Contract Monitor (CM) Paying Oftice Jeffrey A. Rosenfeld Lachon Raiford EEOC - Contract Specialist Telephone: {202} 663- 4220 See Section E of the Schedule See Siock 14 of Page 1, SF-26 Chester V. Ba+ley, Director Milwaukee District Office Telephone: (404� 297 - 1265 See Block 12 of Page 1, SF-26 Project Officer . Elizabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A _._ .,, Washington, D.C. 20507 Teiephone: (202) 663-4801 G.1 CONTRACTiNG OFFICER °��-a�� Notwithstanding any of the provisions of this contract, the Contracting Officer shaN be the on{y individual authorized to amend or modify any ofi the terms of the contract or redirect the efforts of the Contractor. G.Z CONTRACT MON170R (CM) The Equai 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, Office of Field Programs and provide the Contractor with technical guidance. Technica! guidance shafl mean filling in the details or otherwise expiaining the scope of work and the requirements set forth in the contract. it is intended that the detaiis or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The CM has the responsibility for monitoring and evaluating ail phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 G.3 �TRICT OFFICE STATE AND LO a� �npRDINATQj �� - a-�t � The EEOC District Oftice State and Local Coordinator or Program Manager is the des+gnee of the CM in connection with the periormance of this contrect and shall perform those duties specified in paragraph G-2 above. G.4 INVOlCf INSTRUCTInNc Generai. Strict compliance �Nith the invoice instruct'sons wili faciditate early pzyment of invoices. No payments, however, can be made unti{ tfiis cnntract and subsequent modifications are returned, proper(y executed, to the Equai Employment Opportunity Commission, 1g01 L Street, N.W., Washington, D.C. 20507, Attn: Contractirg Officer, Room 2505. b• Invoice Forms. 7he Contrzctor must use copies of the "Pubiic Voucher for Purchases and Services Other Than Personai," Standard Form 1034. Copies of the form may be obtained from the CM. c. Payments shal� be invoiced in accordance with the payment scfiedufe contained in ' Section G. However, regarding training, in order for the government to make maximum use of funds, it is imperative that requests for payment of training compieted be invoiced no later than 30 days after completion of the training. In those cases where the Contractor has nat invoiced for training compieted within the 30 day period, the Contractor agrees to aliow the government to unilateraily deobligate the amount of f�nds the government determines to be in excess of the amount needed to pay for training. 2. tn the event tfie government determines before traini�g is to be conducted that the amount of fu�ds provided under the contract shouid 6e reduced or increased as a result of a revised estimatiort e# the amaurtt of fu�ds needed to pay for training, the Contractor agrees to al{ow the government to unilaterally mod'+fy tfie contract to provide funds for training in accordance with the government's revised estimation. Step 1 - The Contractor will prepare, sign and submit copies of "Pubiic Voucher for Purchases and Services Other Than Personaf," Standard Form 1034, to the CM. Vouchers fnr advance payments musi be received 6y the CM by the 10th of the month if payment is wished near the first of the subsequent month. Vouchers for payment of charge resofutions actuaily produced should be submitted to tfie CM as soon after compietion of a fiscal quarter as possibie. For advance payment, the Contractor will check "Advance" in the "Payment" section of each Form 1034 submitted. For acival production payments prior to the compleLio� of the contract, the Contractor wiil check "Progress" in the "Payment section and wilf type the foilowing certification in the "Articles or Serv�ces" section of each Form 1034 submitted: rontracior - rtifi -� rh-t sli ,.�__-- ----'- -°-- � _ , . . � � o��c vviu� �nc eoo��caose sectrorn � ot � � order 9ti�. �The reference to EEOC Order 916" witl cfiange to "the State and Locai Handbook" when the {iandbook is issued.) For the actual production payment upon completion of the contract, the Contractor wiil check "Final" in the "Payment section, and the certification cited abova will be typed in the "Articies or Services" section of the finaf Form 1034 submittad. G-2 ��s-a�3 Step 2 - Step 3 - Equal Empioyment Opportunity Commission Otfice of Field Programs State and Local Programs 1801 L Street, N.W., 8th Fioos Washington, D.C. 20507 Step 4 Step 5 - The CM wi1) receive and review the Standard Fnrm 1034. If found correct and proper for payment, the CM will sign the Standard Form 1034 on ;he "Authorized Certifying Officer" line. The CM, however, is empowered to modify payment amaunts on vouchers submitted for actuai production payments based upon assessment of the charge �esolutions received and accepted, and will advise the Contractor of any modification in payments made in light of the requireme�ts of the contract between the parties. The CM wi11 detach one yellow copy of the Standard Form 1034, then ma�l che original and remaining copies of the Standard Form 1034 to: The Office of Field Programs, after processing the voucher, wili forward the original and one copy of the voucher to Financiai Managemeni Division, Room 2005, for payment. Tfie CM wiii mail the detached yeliow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: Equal Empioyment OppoRunity Commission Director, Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D.C. 20507 G.5 u . . � a. Payments made u�der this contract wili be made by vo�chers submitted to the CM (District Director>. Upon notice of award, an advance payment voucher not to exceed fifty i50} percent of the totai annuai contract price of this contract may be submitted by the Contractor. Should this co�uact obligate funds less than the totat annual contract price indicated +n the Schedule, the Contractor may submit a vouche� for that amount; provided, that tfie voucher does not exceed 50 percent of the totat annuai contract price. The advance payment invoice will be approved for payment hy the CM only after award of the contract by the Contracting Officer. Subsequent payments wili be based on the Contractor's actuat production of accepted charge resolutions. it shoutd be noted tfiat tfie Conuactor has the option to submit invoices on any or all subsequent quarteriy actual production payment dates shown on the Payment Scheduta below. G-3 � � �1� -� �� PAYMETtT SGHEDUL FO qItGHERIhG G.6 Voucfierin4 Date 10/OZ/97 01l08/98 04/08/9$ 07/08l98 �� : i •� ._ Percentage of Totai Contract Allocation 50% Type of Voucher Payments Advance Based on Actual Production Based on Actual Production Based on Actual Production �o��819$ Not to exceed Based on Actuaf Contract Amount Production b. The CM may recommend payment for the full amount of the contract at any time thai the Contracior completes the number of acceptable charge resolutions required by the contract. :�� :c� u . ua.�� a. if the contractor has provided the information designati�g a financial institution for receipt of electronic tunds transfer payment to the EEOC Financiai Management Division, no further action is required to receive electronic payments through the Automated Clearing House system. b. If the contrac2or has provided the information des+gnating a financia{ institution for receipi of electronic fu�ds transfer payment to the EEOC Financial Management Division and the information has changed, the comractot is required to provide the updated information to the EEOC Financial Management Division identified i� block 12 of SF 26 within 14 calendar days of the award date of this contract. c. !f the contractoc has not provided tfie informatiori designating a financiai institution for receipt of etactronic funda Vansfer payment, the contractor is requested to provide ihe information required b� clause 52.232-33, identified in paragraph l.2 of this contract to the EEOC Fnanctal ManagemeRt Oivisio� identitied in b►xk 12 of SF 26. G-4 H. s �as� � �' - a`? 3 The Government shali have access to all case files created and developed in the performance of this contract at all reasonabte times when they are in the possession of the Contractor. The Contractor shall fiave access to such case fiies at ail reasonable times while they are in the possession of the Equal Employment Opportunity Commissio�. No casa files, reports, studies, findings or other information coilected or created in the performance of this contract shafl be reieased by the Contractor except as authorized in accordance with the Confidentiality Provisions set forth at paregraph H-7 above. H.4 INt3f�ANIEi£/�Tit1A1 Tfie Co�tractor agrees to indemnify the Govesnment, its officers, agents, empioyees and assignees, for all cfaims of any nature arising out of the performance of this contract, including costs and expenses resulting from such ciaims. .�'�� f�C� •. ] 7'i. — The Contractor agrees that in the communication or re4ease of all information concerning work performed or work to be performed under this contrect, such communication or release, wheiher in writing or otherwise, shall be jointly approved by the Contract Monitor and the Contractor, and shall include a statemeM to the eftect that the project or effort depicted was or is co-sponsored by the Equai Empfoyment Opportunity Commission. ir; f)1�•t er<•i This is a fixed price contract. No additional funds wii! be added to this contract for direct or , +�direct costs incurred by the Contractor in the performance of this contract that exceeds the --- unit pricefsl indicated in Sec2ion C. �° ?r� :�-. a�. . 3 � ,�.. ai,: - a .., The Contractor wili provide written notificatio� to the Directcr, Offfes of Fie{d Progroms, of any adverse local, state, or federal court decision issued agai�st the Contractor relevant to the Empfoyment Opportunity clauses, Section I, of this contract. Such notice shali be provided within 10 days of the caurts decision. H.8 P�,� This conuact requires tfie coflection, creation and maintenance of records which are subject to the Privac� /Kct ot 1 g74, See the Privacy Act Notification Ciause and the Privacy Act Clause incorpa�ated inta this contract in Section I. The records compiled, created and maintained pursuaM tathis contract are inciuded in EEOC's Privacy Act System EEOC3, "Titie VII and ADA Discrimir�atibrt Casa �fes"� or Privacy Act System EEOC-t, "Age and Equal Pay Oisc�iminatiort Case Fites". The contents and operatiort of tfiese systems ara described in Federal RegisteF Notice, "Privacy Act of 1974; Pubiication ot System of Records, Proposed New Systems and Proposed New Routine Uses", dated March 18, 1934, and inctuded in Section J o4 this contract. Tha EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are hereby incorporated by referenca. H-2 ��-a�1� WORKSHARING AGREEMENT BETWEEN St. Pau1 Department of Human Rights and EQUAL EMPLOYMENT OPPORTL723ITY COMMISSTON FOR FISCAL YEAR 1998 I. INTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over alleqations of employment discrimination filed against employers of one (1) 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, aqe, disability, marital status, or status with regard to public assistance, pursuant to Chapter 183 of the St. Paul Legislative Code (Human Rights Ordinance). The Equal Employment Opportunity Commission, hereinafter refarred to as EEOC, has jurisdiction over aliegations of employment discrimination occurring throughout the United States where such charges are based on race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000(e)} (hereinafter referred to as Title VII). EEOC has jurisd'iction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C.§ 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.§ 206), and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 1991,(42. U.S.C. § 12101). B. In recognition of, and to the extent of the common jurisdiction and qoals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to trie terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaininq redress for their grievances under appropriate City or Federal laws. ,�II. FILING OF CHARGES OF DSSCRIMZNATION ��_a� � A. Zn order to fa�ilitate the assertion of emgl�yment rights, the EEOC and the FEPA each desiqnate the other as its agent for the purpose of receiving and drafting charges, including those that are not jurisdictional with the agency that initially receives the charges. EEOC's receipt of charges on the FEPA�s behalf will automatically initiate the proceedings of botri 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 aqency to another in accordance with the terms of this agreement or by other mutual aqreement. B. The FEPA shall take all charges alleging a violation o£ Title VZI, ADEA, EPA, or the ADA where both FEPA and EEOC have mutual jurisdiction, or where EEOC only has jurisdictional, so long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section III. A. 1. below, refer them to the EEOC for initial processing. C. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleginq 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 traTrsferred between the EEOC and the St. Paul Dapartment of Human Rights within the framework of a mutually agreeable system. Each agency will advise Charging Parities that charges will be resolved by the agency taking the charge except when.the aqency taking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section IIZ (DZVISION OF INITIAL CFiARGE-PROCESSING RESPONSIBILITZES). D. For charges that are to be dual-filed, each Agency will use EEOC Charqe Form 5(or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and , Respondent of the dual-filed nature of each such charge it receives for initial processinq and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. ii ZII. DIVISION OF INZTIAL CFIARGE-PROCESSING RESPONSIBILITZES �� In recognition of the statutory authority granted to the FEPA by Section 705(c) 4nd ?n�� f m;ri� pII as amended; and by Title E of the Americans with Disabilities Act, and the transmittal of charges of age discrimination pursuant to the Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between the FEPA and the EEOC will be divided as follows: A. EEOC and the FEPA will process all Title VII, ADA, and ADEA charges that they originally receive. 1. For charges originally received by the EEOC andjor to be initially processed by the EEOC, the xEPA waives its right of exclusive jurisdiction to initially process such charges for a period of 60 days for the purpose of allowing the EEOC to proceed immediately with the processing of such charges before the 61st day. In addition, the EEOC will initially process the following charges: -- All Title VZI, ADA, and concurrent Title VII(ADA charges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; -- All concurrent Title VII/EPA charges; -- All charges against the FEPA or its garent ' organization where such parent orc}anization exercises direct or indirect control over the charge decision making process; -- All charges filed by EEOC Commissioners; -- Charges also covered by the Immigration Reform and Control Act; -- Complaints referred to EEOC by the Department of Justice, Office of Federal Contract Compliance Programs, or Federal fund-granting agencies under 29 CFR § 1640, 1641, and 1691. -- Any charge where EEOC is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and iii � �. ��-a�� -- H11 charges against Respondents which are designated for initial processing by the EEOC in a supplementary memorandum to this Agreement. 2. The FEPA will initially process the following types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; -- Any charge where the FEPA is a party to a Conciliation Aqreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on-going list of all Conciliation Agreements and Consent Decrees which have features relevant to tYie disposition of subsequent charges; -- All charges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- All charges against Respondents which are designated for initial processing by FEPA in a supplementary memorandum to this A�reement; and -- All disability-based charqes against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may request to be granted the right to initially process any charge subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Worksharing Agreement or the Contracting Principles. C. Each Agency will on a quarterly basis notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litiqation unit within l0 working days. iv , , IV. EXCHANGE OF INFQR'^.ATION c,�_a�`�j � r • A. Both the FEPA and EEOC shall make available for insg�ction and co�ying to appropriate officials from the other Agency any information which may assist each Agency in carrying out its responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing infar�ation, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting --^-fo=""=��ic^ a �o compiy witn any confidentiality requirements imposed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agrees to observe the confidentiality provisions of Title VII, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified as 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 griorities. V. RESOLL3TION OF CHARGES A. Both agencies will adhere ta the procedures set out in EEOC's Order 916, Substantial Weight Review Manual, and the State and Local Aandbook as revised. B. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies af 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. }urisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcinq compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a party. , v �. in order to be Eligible for contract credit and/or n ,�, -. payment, submissior.s aust meet all the substantive and ��` administrative requirements as stipulated in the� ` Contracting Pria��pG_ D. For the purposes of determining eligibility Por contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEMENTATION OF TAE WORKSHARZNG AGREEMENT A• Each agency will designate a person as liaison official for the other agency to contact concerning the day-to-day implementation £or the Agreement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. B• The agencies will monitor the allocation of charge- processing responsibilities as set forth in the Agreement. Where it appears that the overall projection appears inappropriate, the eppropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with charginq Parties and Respondents. D• If a dispute regarding the implementation or application of this agreement cannot be resolved by the FEPA and District Office Director, the issues will be reduced to writing by both parties and forwarded to the Director of the Office of Program Operations for resolution. E. This Agreement shall operate from the first (lst) day of October 1997 to the thirtieth (30th) day of September 1998 and may be renewed or modified by mutual consent of the parties. 2 have read the foregoing Worksharing Agreement and I accept and agree to the pravisions contained therein. Date � Date ` F � � ` C � Chester V. Bailey, DistTict Di ector Equal Employment opportunity Co ission Milwaukee District Office � " �, , W. H. Tyrone errill, DiY ctor St. Paul Department of Human Rights vi Council File # t0 � o� ! J OR�GINqL Presented By Referred To Co�ittee: Date WHEREAS, the Saint Paul Department of Human Rights is a Fair Employment Practices Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enforce Title VII, ofthe Civil Rights Act of 1964, as amended; and, WHEREAS, the U.S. Equa1 Employment Opportunity Commission (EEOC) is authorized by statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commihnent to developing and enhancing a system of "partnership" with FEP agencies; and, WFIEREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights for the 1997/1998 fiscal yeaz, therefore, be it 10 RESOLVED, that the Saint Paul Department of Human Rights is hereby authorized to execute a 11 contractual agreement with the U.S. Equal Employment Opportunity Commission to investigate 12 dually filed employment discrimination complaints. RequestedbyDe arimento£ HUman Rlghts� �•�' B Y� _ . Approval Recommended by Budget D'uector: Adopted by Council: Date � `x \qq � !/,�/q . � Adoption Certified by Councit Secretary B Approved by May r. Date (� B Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 21 �-�50� � DEPARTMENT/OFFICHCOUNCIL Human Rishts W. H. Tvrone Temll - 266-8964 � CR'IATiobEt ��G � � FIIMICIRLiFRY1CFf � � wvae(w��amT�wry (CLIP ALL LOC � alVailllt � AYICMLiFRV/KCT6 ❑ SIGNATURE) � 3/16/9s GREEN SHEET � No 60�02 InM1aUDa� NXIWDye �� / �,.R,�� .. 1VSIf:N NUMB9lFdt ROUiIH4' ORDER TOTAL # OF SIGNATURE PAGES,� Authorizing proper City officials to execute a contract with the U.S. Equal Employment dpportunity Commission for the provision of investigafive services. RECESVED MAR 2 � 1998 PLANNING COMMISSION CIB COMMI7TEE CML SERVICE COMMISSION Has thic person/firm ever warketl YES NO Hae this a�soNfirm ewx been a dty empwyce9 , YES NO Does this persorUfum P� a sldil not normaiNG�sessed bY anY curterR cRY �nD�oY�� YES NO ts Mis persaMflrtn atar0eted vendoff YES � Work sharing agreement with the U.S. Equal EmploymentOpponrhuiity Commission (EEOC) regazding invesrigation of employment discrimination complaints. Department of Human Rights would receive remuneration for invesrigative services provided on employment discrimina6on complaints at an amount of $500.00 per charge and costs incuned related to training. �ur�a� Research G�nter None ,, �,• , , Departxnent of Human Rights would provide investigative services without remuneration from U.S. Eaua1 Emnlovment Onoortunitv Commission. �UNT OF TRANSACTION � 3�0��• � SOURCE v/. S�f �! e I� MFORMATON (FXPW� COST/REVENUE BUDOE7ED (CIRCLE ON� YES NO �� 3/� S'� .�/ - ACTNITYNUMBER � , .. �� T� r ' �� ♦ � �, � , � DEPARTMENT OF HUMAN RIGHTS CITY OF SAINT PAUL Norm Coteman, Mayor MEMORANDUM DATE: TO: FROM March 16, 1998 Mayor Coleman City Council Members Budget D'uector City Attomey Tyrone Terrill Director W. H. Tyrone Terrill, D'uector � �� -� 900 City Hali Telephone: 612-266-8966 IS W. Kellogg Boulevard FacsimiZe: 612-266-8962 SaintPaul, MNSSIO2-168I ZDD: 612-266-8977 SUBJECT: Resolution Authorizafion - Equal Employment Opporiunity Commission Contract (EEOC) In fiscal year 1994-1995 the Department of Human Rights (DHR) entered into a contract and work sharing agreement with U.5. EEOC. The contract provided that the EEOC would pay the DHR for each employment discriminarion case (Tifle VII, ADA, ADEA) that the DHR investigated when the case was dual filed with the EEOC. The EEOC has expressed a desire to continue the contractual relauonskdp with the DHR for the 1997-1998 �scal year. The Department of Human Rights is requesting authorization to execute the contractual agreement with the U.S. EEOC for the 1997-1998 fiscal year. The contract is for an estimated amount of $31,200.00. Aa Affirma[ive Acpon, Fm,ai OpporNnity Employer CITX OF SAINT PAUL Norm Coleman, Mayor March 16, 1998 Ms. Lachon N. Raifozd DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Teirill, D'ueetor �� a,� J' St�O City Ha11 Telephone: 6I2-2668966 IS W. %ITogg Boulevard Facsimile: 612-2668962 Saint Pau1, MN55102-I681 TDD: 612-266-8977 Contract Specialist U. S. Equai Employment Opportunity Commission Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D. C. 20507 Dear Ms. Raiford: This is a follow-up to the telephone conversation you had today with Ms. Bonnie Jellinek in which she aclaiowledged that we had received EEOC's Contract Modification No. 3 on Friday, March 13, 1998. The accompanying letter stated that the contract should be signed within 10 days from receipt of the letter. The contract must approved by the City Attorney, Budget Director, Mayor and City Council. Since our City Council only meets once a week on Wednesdays, we are requesting an extension of tUirry (30) days in order to allow us time to get the matter before the City Council. If you should have any questions, please contact me at {612) 266-8964. Thank you for your consideration in this matter. Sincerely, W .�— � W. H. Tyrone Terrill Director Sent by fax: (202} 663-4178 Post-it� Fax Note 6 7671 �� L. M Affitma[ive Action, Equa] Opportunity Employer �.�� U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION �� ,.�s�? �l '�r> +i Washington, D.C. 20507 A ��6 � Y St. Paul Human Rights Deparhnent 15 West Kellog Bivd., Room 900 St. Paul, MN 55102 q�-a�� % ��f�� :v�> Subject: Contract 1�To. 7/5010/0169 ; `1 ` '�?� - �=.,:.,, s , -v 9' �'tli... Dear Director: =-'� Enclosed are four (4) copies of proposed Modi�cation No. 3 of subject contract. In order to expedite the execution of this modification, please return three (3) signed copies of the modification within fen (10) days from receipt oF this letter to the following address: Equal Employment Opportunity Commission Procurement Management Division 1801 L 5treet, N.W., Room 2505 Washington, D.C. 20507 The fourth copy is for your records. ilpan execution by the Government, one fully executed copy of the modi�cation stamped "DUPLICATE ORIGINAL" will be returned to you for your �les. Any request for extension should be via telephone or in writing. Facsimile requests are acceptable. Our facsimile telephone number is (202) 663-4178. In the event you have any questions regarding this contract, please contact Lachon iV. Raiford, Contract Speciatist, on (202) 663-4220 or me at (202) 663-4223. f ' �_ %� Of�cer ancial and Resource Management Enclosures i' y E 1 ., AMPNDMENT OF SOLICISATZON/MODIFICATION OF CQNTRACT 3 10/07/97 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMENT MANAGEMENT DIVISION 1801 L STREET, N.IJ. ROOM 25�5 WASHINGTON, �C ZOS�f neuvc HRU NUUKWd V[ LUN1K0.6fUK (NO.. CT�caf e-n� S7. PAUL HUMAN RiGHTS DEPARTMENT �5 WEST KELLOG BLVD., ROOM �00 ST. PAUL, MINNESOTA 55102 xea (spen ty type ot modification and authority) CIAUSE H.10, OPTION TO EXTEND THE TERM Of CONTRACT. ii. TNIS STEM ONLY APP4IES TO AMENDMENTS OF SOLILI7A7IONS ❑ The above numbered solicitaTion is amended as set forih in item 14. The hour and da[e specified for receipt of Offers ❑ is extended, ❑ is not exTended, Offefors must acknouledge receiFC of this amendment prior 2o the fiov date specified in the solicitation or as amended, by one of xhe follouing methods: <a) By completing Items 8 and 1 and returning copies of the amendment; (b) By acknouledging receipt of xhis amendmenT on each copy of the offier subnitt�(c) By—s�arate letter or telegram uhich includes a reference to the soficitation and amendmen numbers. FAlIURE OF YOUR ACKN�LILE4GMENT TO BE RECEIVED AT TNE PLALE DESIGNATED FOR TME RECEIPT OF OFFERS PRIOR TO HOUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to chang an offer already sutxni2ted, such change may be made by telegram or letter, provided each teLegram or letTer makes reference to the soticitation and this amendment, and is received prior To the opening hour and date specified. SEE PAGE 2 fOR ACCOUNTING AND APPROPR7ATION DATA 13. TNIS ITEM APP�IES ONiY TO MOD[fICAT10NS 6f CONTRACTSlORDERS, 17 MWIfIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 74. IN ITEM approprtatwn data, ecc.> SET X 8/5010/7501 (If o2her than Item 6) -- E�UAL EMPLO7MEHT OPPORTUNI7Y COMMIS MILUAUKEE OISTRICT OFFICE 370 4EST UISCONSIN AVENUE SiE. 800 MILUAUKEE, IJISCONSIN 5320`5-2Z92 � F` -2�� PAGE OF PA6ES 7 3 5. PROJ£Ci N0. (If appLicable) YN. UAIEU ISEE 17EM 1�) tOA. MODIFICA7ION OF CO X 7/5070/0769 106. DATED (SEE ITEM 13 OS(29l47 <wiive LIIANG[5 csucn as SO THE AUTHORITY OF fAR E. IMPORTANT: Contractor ❑ is noi, � is required to sign 2his docwnent and return 3 copies to the :t matter NM1ere teaslble.) PURPOSE: EXERCISE OF OPTION I 7�l Pursuant to Clause H,10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hexeby exercises Option Year 1 to extend contract per£ormance for a period of twelve (12) months commencing October 1, 1997. Effective as o£ the date in Block 3 0£ this modification. al NSN 7540-01-152-8070 PREVIWS EDITION UNUSABLE and 7HE � antl coMlYiorvs of the docwnent referenced in Stem 9A or }OA, as heretofore dl force and etfect_ or priM) 76A. NAME AND TtTIE OF CONiRACTING OFFICER (Type or prinU JEFFREY A. ROSENFELD CONTRACTING OFFICER iSC. DATE SIGNED 168. UNITED STATES Of AMERICA , 16C. DATE SIGNED BY i n) (Si nature of Contractin officer> 30-105 STA27DARD FORM 3� (REV. t�-83) Prescribed by fiSA FAR (48 CPR) 53.243 �� Contract \'o. 7/5010/0164 Mo�cation No. 3 Page 2 of 3 I. OP?70N PERIOD I- Ocfober l, i497 throuah September 30, I998 �f.IN: = B�SGii.�Ii3N . r�'t+�4T�� 0201 Frocessing and resolving, at a price of $SOQ $ 30.000 per charge, 60 Title VII, ADEA, and ADA charges. Each charge must have been filed since October 1, 1993, and resolved in accordance with a Charge Resolution Plan, if applicable. 0202 Travei and other costs related to attendance and provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD �: The accounting and appropriation data is as follows: 8/5010/22l4116 - $ 30.QQ0 OBLIGATE 8/5010/0814106 - $1_ OBLIGATE SECTION F- PERIOD OF PERFORMANCE. The period of performance is hereby extended from October 1, 1997, through September 30, 1998. $ 1.200 $ 31.200 As a result of this modification, the total contract price is increased by $ 31.200 from $ 22.053.97 to a new total of $ 53.Z53.97 . 1' s. , , 10 - a `�� Contract \'o. 715010/0169 Modi�cation No. 3 Page 3 of 3 II. In addition, the following are changes to the contract: Section C - DFSCRIPTION/SPEC.lWORK STATEMF.NT Replace Pages C-1 through C-5 with the attached Pages C-1 through G5. Section E- INSPECT'ION AND ACCEP'TANCE Repiace Page E-1 with the attached Page E-i. Section F- DELIVERIFS OR PEI2FORMANCE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- CONTRACT ADM[NISTRATION DATA Replace Pages G-1 through G-4 withthe attached Pages G-1 through G-4. Section H- SPECIAL CONTRACT REQTJIREMENTS Replace Page H-2 with the attached Page H-2. Section J- LIST OF ATTACfIIvIENTS Incorporate Worksharing Agreement for Option I as Attachment D. Farcept as stated above, all other tenms and conditions for the contract remain unchanged. L �l� -a�t � U.S. EQUAL EMPLOYMENT �PpORTUNITY COMMlSSIQN UNfFORM CONTRACT FORMAT SECTION C- OESCRIPTION/SPE -'wnaK STATEM NT Background A. There is an acknowiedged need to ensure the employment rights of individuals granted by Federal, State and Locaf anti-discrimination lativs, and, The Equal Employment Opportunity Commission (EEOC) is auihorized by statute to utilize the serv+ces of Siate and Local Fair Employment Practices IFEP) Agenc�es to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended, the Age Discriminatio� in Employment Act of 1967, as amended, and, the Americans with Disabilities Act, and, B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate to establish an integrated system for more expeditious resolution of employment discrimination charges, has committed itseif to continued deve4opment and enhancement of such a system in partnersfiip with the FEP Agency, hereinafter referred to as the Contractor. ll. Scope of Work A. The Contractor ag�ees to cooperate with the Equa1 Employment Oppoctunity Commission in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives which include, but are not limited to, the following: Implementation by the Contractor of procedures that provide for prafessionaiized intake of aVi charges the FEPA initiafly receives, prompt notification io respondents, resolution of charges on a current basis, determinations supported by evidence, and reso{utions with remedies; 2. The training of Contractor personnei in charge processing procedures compatibta with those of the EEOC; 3. Utilization by the Contractor of an employment discrimination charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contractor; �. Utilization by the Contractor of processing terminofagy (such as common language pertaining to types of resolutio�sl that is the same as or compatible with that utilized by the EEOC; � C-1 . . � ��-a�� 5. 7he development and maintenance of a system to ensure that EEOC and the Contractor ma+ntain compatible procedural and substantive standards; and 6. The identification by the Cantractor and EEOC of legislative changes that may be appropriate for ihe estabiishment. of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resolution Plan that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives; c. develops procedures and processes designed to reduce inventories of duaf-filed charges tfiat wili ensure maintenance of a charge inventory of less than 365 days; and d. ensures that quality standards are met and are commensurate with EEOC's policies and statutory responsibilities. B. The Contractor further agrees that when agreement on implementation of any of the above mentioned items is reached, the details of such an agreement shal! be reflected in a Worksharing Agreement whose effective date wilt run consistent with the efifective dates of this contract. Upon execution, the Worksharing Agreement dated September 1 1. 1997, is herein incorporated by reference into this contract. C. It is understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the executed Worksharing Agreement between the Contractor and EEOC provide that once EEOC or the Contractor has been designated to process the charge, the other shafl refrain trom processing the charge pending compietion by the initiai processor to minimize dupiication of effort. G2 ��_a�13 D. It is `urther understood and expressfy agreed to by both parties to this contract that, as a condition to the maintenance ot this contract, the Contractor shall: 1. Imolement in cooperavon �+vrth EEOC, a system which permrts each party :o perform various functio�s on behalf of the other, among otfier th�ngs, accepting charges for each other, within such statutory limits as may exist; and 2. Commrt itself to maintenance of effort. it is the intention of the EEOC to purchase services from the Contractor. Therefore, shouid the Contractor or the governmental body which provides its fu�ds reduce the Contractor's resources in anticipation of or as a resuft of EEOC contract funds, the EEOC may consider any reduction in the Contractor's funding from its funding source, restr�ct{on placed on the use of its funds, or changes in the Contractor's operating ptocedures 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 ail provisions of the EEOC's Contracting Principies for State and Local FEP Agencies for Fiscal Year 1998 adopted by the Commission on Ju(y 8, 1997 are incorporated in their entirety into this contract. lil. Statement of Work ' . - . . . .- - �- •- . . • � . .- _.. .. - . . � r_ .- _.. .. - — t. The Contractor agrees, for the prices stated in Section B, to process individual charges of employment discrimi�ation exclusive ot any charge processing resulting from other contraets for the resolution of charges that may be in effect between the Contractor and the EEOC during the term of this contract. 2. The Contract Monitor shall be responsible for transmitting charges initially received by EEOC to the Contractor. The Contracior fuRher agrees that the charges submitted to �EOC for contract credit review shall include, but not be limited to, no cause findings, successful settlements, success#u! conciliations, adminisisative resotutions, final orders issued foliowing and pursuant to administrative hearings and litigation. No contract credit will be awarded by EEOC for resolutions by the Concractor based on no jurisdiction (except in cases where an investigation is actualiy required to determine jurisdictioni or resolutio�s based on the charging party's faifure to estabfish a bona fide charge. G3 ' q�-�R� +' 3. Ali charges submrtted fcr credit under cnis contract snall be compie*.ed by the Contractor between October 1, 1997 and September 30, 1998, as fcllows: a� Afi charges will he evaluated and determfnations made �n acccrdance with the theories of discriminanon in empioyment as developed under Tit�e VII of ,he Civil Rights Act of 1964, as amended the Age Discrimination in Empioyment Act of 1967, as 2mended, and the Amencans wrth D+sabilities Act, as appropriate. b. lnvestigation and resolution of individual charges pursuant ;o th�s contract shail be co�ducred in a manner designed to ef`ectuate reliei `or the charging party and sha11 be carried out as expeditiously as possible. c. All final actions, litigation and intake services for which payment is requested under this contract will be processed and awarded contract credit, in compliance with EEOC Order 916 (or the new State and Local Handbook when issuedl, the ADA Technical Assistance Manua4 for ADA charges, and the Worksharing Agreement. d. Contraci credit submissions wifl include final dispositions of charges Si.e. finai actionsl. When administrative appeal rights exist, the f'rnal dispositio� of a charge occurs only after the time for appeal has expired or the appeal has been processed to completion. In cases where the administrative appeal has been processed, the date of the notice of the final result of the appeal is the operative date. This applies in ail cases where an administrative appeal is provided, whether the case is administratively resolved, dismissed, decided, or when no cause is found. For Titie VII charges only, the fifteen day period during which Substantia{ YVeight Review may be requested and/or the period during which a Substantial Weight Review is conducted is not co�sidered for the purposes of computing the operative date of the finai disposition of a charge. e. Contract credit submissions that are not final dispositions will incfude: 11 Charges to be litigated by the Contractor where EEOC receives copies of the compiaints bearing confirmation of the filing dates with the Court, or other appropriate officiai confirmation of the filing dates of the compiaints; 2) Certain types of charges that must be transferred to the EEOC that are not finaf actions by the Contractor, as specified in EEOC Order 916 tor the new State and Locai Handbook when issuedl; and 3) Intake services by the Contractor where EEOC accepts far processing a charge initially filed but not jurisdictionaf with the Contractor, or any other FEP Agency, and for which the Contractor has prepared all charge intake documentation, inciuding a complete affidavit, as required by the EEQC. in addition, contract credit tor intake services wi11 be given when EEOC accepts for processing a charge initially filed with but not jurisdictional with the Contractor, and the Contract Monitor determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or State FEP Agency office. [�1.�! °t�-a� � �` "� f Charge resolutions subm�tted tor contract credrt pursua�t :o ;h�s contract will be idertified by the Contractor by timely and accurate data entnes on the FEPA Charge Data System, �f appiicable. Where tne Contractor s not on the FcPA CDS, charge resolutions subm�tted for credit oursuar.t to this contract will be designated in a monthiy status report �rom rhe Contrzctor ;o cne Contract Monitor. 9• AH charges �.vili be prccessed by the Contractor in accordance w�th tne Contrac:or's applicable State or local Law. h. Contract crecit �,vill not be allowed for a�y charge sub�ect to a orocess�ng fee. !f such a fee is imposed or impfemented dunng the period of the contract, the contract may be terminated in accordance with C�ause 52.249-4, Termination for Convenience of the Government. 4. 1n order to ensure consistent levels of productivity toward established results, the contract mo�+tor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-fourth of the total charge resolutions required under the contract each quarter. C-5 ^ .. U.S. EpUAL EMPIQY�AE.+�!? OPPORTISf::TY COMMISSION UNiF�RM CONTRACT FORMAT SECTfON E- INSPECTION AND ACCEPTANC E.1 INSPECTION AND qCCEPTANGE inspection and Acceptance shail be made by the Contract Monitor or hisiher desrgnee on behalf of the Director, Office of Field Programs, Equaf Empfoyment Opportunity Commission. Inspection and Acceptance shaii be made pursuant to the standards set forth in EEOC's Compliance Manual and in the applicable section(s� of EEOC Ordet 916 {or the new State and Local Handbook when issuedl. The Contract Monitor wili ensure that the Contractor maintains performance that is consistent with the criteria and requirements contained herein, as well as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site eva4uation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingiy, the Contractor is expected to comp�y with reasonabie requests for providing and/or making avaifable information concerning various aspects of their processes and procedures as they reiate to or impact on the management and disposition of the dual-filed inventory. Such information inciudes but is not limited to staffing infocmation, case management printouts, charge processing documentation, and any other material and data as may be related andlor apply to the processing of dual-filed charges or administration of the contract, E.2 NOTICE: The following solicitation provisio�s and/or contract clauses pertinent to this section are hereby incorporated by reference: FEDERAL ACQUIS1T10N REGUTATlON (48 CFR CHAPTER 1) CLAUSES 52.246-4 INSPECTtOh OF SERVICES - FIXED PRICE (APR 1984) E-t ' � 11.S. EQUAL EMPLOYMENT OPPORTUNITY COMMiSStON 1� UNIFORM CONTRACT FORhlQT • � •• ' � •-LL•� F.1 PERIOQ OF PERFf1RNfA11€CE Performance under this contrect shail begin on October 1, 1997 and be compieted by September 30, 1998. (See Clause H.10, "Option to Extend the Term of the Contract F.2 TtME OF DEUVERYlDELlVERABLES A. Where the Contractor is on tfie EEOC's computerized charge data system 1FEPA CDS1: 1. The contracior must make accurete and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge information is availabie tor extraction by the Coiiection Manager in a timeiy manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been 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 1998 Contracting Principles. in addition, in order for a charge to be eligible for contract credit, basic charge data must be entered into the FEPA CDS within five days of the Contractor's receipt ot each charge as set forth in Section i{. B.�xa of the FY 1998 Contrecting Principles. 3. In order to meet the requirement in the FY 1998 Contracting Principles at Section 11.6.2. that the Contracto� shaii provida EEOC with a tist of final actions within a timeframe agreed upon by the Contract Monitor and the Contractor, but usually no fater than 30 days after the resolution of each charge, the Contractor must ensure the timely and accurate entry of data into the FEPA CDS, The Contractor Monitor, will generate charge data lists and reports through the FEPA CDS to verify tfiat this requirement is being met througfiout the term of this contract. 4. The Contractor will enter ail charge daia for contract credit submissions through each quarter not late► than the 8th calendar day of the month fotfowing each quarter. F-1 � � , • ��-a'l� B. Where che Contractor is not on the FEPA CDS: The Contractor shall submit quarterly contract production reports to tfie Contract Monitor for review. The quarter(y repotts shali consist of EEOC Forms 322 and 472, Upon award o{ the contract, the quarterly reports must be received by the Contract Monitor not later than the 8th calendar day of the month following each quartes. 2. Separately, the Contractor shall furnish to the Office of fiefd Programs, Field Management Programs and State and Local Programs, Washington, D.C., written reports as may be expressfy required by either ot those units. 3. The Contractor shall provide EEOC with a list of charge resolut+ons with resoect to dual-filed charges within a timeframe agreed upon with the Contract Monrtor, but no later tha� thirty days after the charge resolution dates. The lists of charge resolutions will be provided on the EEOC Form 472. After receipt of the lists, if requested by the Contract Monitor, the Contractor wiil forward all charge file information, or a copy of such information, within five workdays of the requests. The EEOC Contract Monitor may extend or reasonably atter the five-day time frame as deemed necessary and appropriate. (For non-certified Contractors, fiie information must be submitted within five days of submission of the Form 472/resoiution fisting unless the timeframe is extended or otherwise modified by the Contractor Monitor.) Failure to timely submit reports and charge file information will result in the denial of contract credit for the affected resolutions. 4. The Contractor must make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency - Pertormance Report, and EEOC Form 472 FEP Agency Charge list. All reports covering the first three quarters of the FY 1998 contract must be received by EEOC prior to September 30, 1998. F-2 � .. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIPORM CONTRACT FORMAT SECTION G- CONTRACT ADMiNISTRATION pATA Contracting Officer Contract Specialist inspection and Acceptance Accounting and Appropriation Data Contract Monitor (CM) Paying Oftice Jeffrey A. Rosenfeld Lachon Raiford EEOC - Contract Specialist Telephone: {202} 663- 4220 See Section E of the Schedule See Siock 14 of Page 1, SF-26 Chester V. Ba+ley, Director Milwaukee District Office Telephone: (404� 297 - 1265 See Block 12 of Page 1, SF-26 Project Officer . Elizabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A _._ .,, Washington, D.C. 20507 Teiephone: (202) 663-4801 G.1 CONTRACTiNG OFFICER °��-a�� Notwithstanding any of the provisions of this contract, the Contracting Officer shaN be the on{y individual authorized to amend or modify any ofi the terms of the contract or redirect the efforts of the Contractor. G.Z CONTRACT MON170R (CM) The Equai 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, Office of Field Programs and provide the Contractor with technical guidance. Technica! guidance shafl mean filling in the details or otherwise expiaining the scope of work and the requirements set forth in the contract. it is intended that the detaiis or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The CM has the responsibility for monitoring and evaluating ail phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 G.3 �TRICT OFFICE STATE AND LO a� �npRDINATQj �� - a-�t � The EEOC District Oftice State and Local Coordinator or Program Manager is the des+gnee of the CM in connection with the periormance of this contrect and shall perform those duties specified in paragraph G-2 above. G.4 INVOlCf INSTRUCTInNc Generai. Strict compliance �Nith the invoice instruct'sons wili faciditate early pzyment of invoices. No payments, however, can be made unti{ tfiis cnntract and subsequent modifications are returned, proper(y executed, to the Equai Employment Opportunity Commission, 1g01 L Street, N.W., Washington, D.C. 20507, Attn: Contractirg Officer, Room 2505. b• Invoice Forms. 7he Contrzctor must use copies of the "Pubiic Voucher for Purchases and Services Other Than Personai," Standard Form 1034. Copies of the form may be obtained from the CM. c. Payments shal� be invoiced in accordance with the payment scfiedufe contained in ' Section G. However, regarding training, in order for the government to make maximum use of funds, it is imperative that requests for payment of training compieted be invoiced no later than 30 days after completion of the training. In those cases where the Contractor has nat invoiced for training compieted within the 30 day period, the Contractor agrees to aliow the government to unilateraily deobligate the amount of f�nds the government determines to be in excess of the amount needed to pay for training. 2. tn the event tfie government determines before traini�g is to be conducted that the amount of fu�ds provided under the contract shouid 6e reduced or increased as a result of a revised estimatiort e# the amaurtt of fu�ds needed to pay for training, the Contractor agrees to al{ow the government to unilaterally mod'+fy tfie contract to provide funds for training in accordance with the government's revised estimation. Step 1 - The Contractor will prepare, sign and submit copies of "Pubiic Voucher for Purchases and Services Other Than Personaf," Standard Form 1034, to the CM. Vouchers fnr advance payments musi be received 6y the CM by the 10th of the month if payment is wished near the first of the subsequent month. Vouchers for payment of charge resofutions actuaily produced should be submitted to tfie CM as soon after compietion of a fiscal quarter as possibie. For advance payment, the Contractor will check "Advance" in the "Payment" section of each Form 1034 submitted. For acival production payments prior to the compleLio� of the contract, the Contractor wiil check "Progress" in the "Payment section and wilf type the foilowing certification in the "Articles or Serv�ces" section of each Form 1034 submitted: rontracior - rtifi -� rh-t sli ,.�__-- ----'- -°-- � _ , . . � � o��c vviu� �nc eoo��caose sectrorn � ot � � order 9ti�. �The reference to EEOC Order 916" witl cfiange to "the State and Locai Handbook" when the {iandbook is issued.) For the actual production payment upon completion of the contract, the Contractor wiil check "Final" in the "Payment section, and the certification cited abova will be typed in the "Articies or Services" section of the finaf Form 1034 submittad. G-2 ��s-a�3 Step 2 - Step 3 - Equal Empioyment Opportunity Commission Otfice of Field Programs State and Local Programs 1801 L Street, N.W., 8th Fioos Washington, D.C. 20507 Step 4 Step 5 - The CM wi1) receive and review the Standard Fnrm 1034. If found correct and proper for payment, the CM will sign the Standard Form 1034 on ;he "Authorized Certifying Officer" line. The CM, however, is empowered to modify payment amaunts on vouchers submitted for actuai production payments based upon assessment of the charge �esolutions received and accepted, and will advise the Contractor of any modification in payments made in light of the requireme�ts of the contract between the parties. The CM wi11 detach one yellow copy of the Standard Form 1034, then ma�l che original and remaining copies of the Standard Form 1034 to: The Office of Field Programs, after processing the voucher, wili forward the original and one copy of the voucher to Financiai Managemeni Division, Room 2005, for payment. Tfie CM wiii mail the detached yeliow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: Equal Empioyment OppoRunity Commission Director, Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D.C. 20507 G.5 u . . � a. Payments made u�der this contract wili be made by vo�chers submitted to the CM (District Director>. Upon notice of award, an advance payment voucher not to exceed fifty i50} percent of the totai annuai contract price of this contract may be submitted by the Contractor. Should this co�uact obligate funds less than the totat annual contract price indicated +n the Schedule, the Contractor may submit a vouche� for that amount; provided, that tfie voucher does not exceed 50 percent of the totat annuai contract price. The advance payment invoice will be approved for payment hy the CM only after award of the contract by the Contracting Officer. Subsequent payments wili be based on the Contractor's actuat production of accepted charge resolutions. it shoutd be noted tfiat tfie Conuactor has the option to submit invoices on any or all subsequent quarteriy actual production payment dates shown on the Payment Scheduta below. G-3 � � �1� -� �� PAYMETtT SGHEDUL FO qItGHERIhG G.6 Voucfierin4 Date 10/OZ/97 01l08/98 04/08/9$ 07/08l98 �� : i •� ._ Percentage of Totai Contract Allocation 50% Type of Voucher Payments Advance Based on Actual Production Based on Actual Production Based on Actual Production �o��819$ Not to exceed Based on Actuaf Contract Amount Production b. The CM may recommend payment for the full amount of the contract at any time thai the Contracior completes the number of acceptable charge resolutions required by the contract. :�� :c� u . ua.�� a. if the contractor has provided the information designati�g a financial institution for receipt of electronic tunds transfer payment to the EEOC Financiai Management Division, no further action is required to receive electronic payments through the Automated Clearing House system. b. If the contrac2or has provided the information des+gnating a financia{ institution for receipi of electronic fu�ds transfer payment to the EEOC Financial Management Division and the information has changed, the comractot is required to provide the updated information to the EEOC Financial Management Division identified i� block 12 of SF 26 within 14 calendar days of the award date of this contract. c. !f the contractoc has not provided tfie informatiori designating a financiai institution for receipt of etactronic funda Vansfer payment, the contractor is requested to provide ihe information required b� clause 52.232-33, identified in paragraph l.2 of this contract to the EEOC Fnanctal ManagemeRt Oivisio� identitied in b►xk 12 of SF 26. G-4 H. s �as� � �' - a`? 3 The Government shali have access to all case files created and developed in the performance of this contract at all reasonabte times when they are in the possession of the Contractor. The Contractor shall fiave access to such case fiies at ail reasonable times while they are in the possession of the Equal Employment Opportunity Commissio�. No casa files, reports, studies, findings or other information coilected or created in the performance of this contract shafl be reieased by the Contractor except as authorized in accordance with the Confidentiality Provisions set forth at paregraph H-7 above. H.4 INt3f�ANIEi£/�Tit1A1 Tfie Co�tractor agrees to indemnify the Govesnment, its officers, agents, empioyees and assignees, for all cfaims of any nature arising out of the performance of this contract, including costs and expenses resulting from such ciaims. .�'�� f�C� •. ] 7'i. — The Contractor agrees that in the communication or re4ease of all information concerning work performed or work to be performed under this contrect, such communication or release, wheiher in writing or otherwise, shall be jointly approved by the Contract Monitor and the Contractor, and shall include a statemeM to the eftect that the project or effort depicted was or is co-sponsored by the Equai Empfoyment Opportunity Commission. ir; f)1�•t er<•i This is a fixed price contract. No additional funds wii! be added to this contract for direct or , +�direct costs incurred by the Contractor in the performance of this contract that exceeds the --- unit pricefsl indicated in Sec2ion C. �° ?r� :�-. a�. . 3 � ,�.. ai,: - a .., The Contractor wili provide written notificatio� to the Directcr, Offfes of Fie{d Progroms, of any adverse local, state, or federal court decision issued agai�st the Contractor relevant to the Empfoyment Opportunity clauses, Section I, of this contract. Such notice shali be provided within 10 days of the caurts decision. H.8 P�,� This conuact requires tfie coflection, creation and maintenance of records which are subject to the Privac� /Kct ot 1 g74, See the Privacy Act Notification Ciause and the Privacy Act Clause incorpa�ated inta this contract in Section I. The records compiled, created and maintained pursuaM tathis contract are inciuded in EEOC's Privacy Act System EEOC3, "Titie VII and ADA Discrimir�atibrt Casa �fes"� or Privacy Act System EEOC-t, "Age and Equal Pay Oisc�iminatiort Case Fites". The contents and operatiort of tfiese systems ara described in Federal RegisteF Notice, "Privacy Act of 1974; Pubiication ot System of Records, Proposed New Systems and Proposed New Routine Uses", dated March 18, 1934, and inctuded in Section J o4 this contract. Tha EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are hereby incorporated by referenca. H-2 ��-a�1� WORKSHARING AGREEMENT BETWEEN St. Pau1 Department of Human Rights and EQUAL EMPLOYMENT OPPORTL723ITY COMMISSTON FOR FISCAL YEAR 1998 I. INTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over alleqations of employment discrimination filed against employers of one (1) 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, aqe, disability, marital status, or status with regard to public assistance, pursuant to Chapter 183 of the St. Paul Legislative Code (Human Rights Ordinance). The Equal Employment Opportunity Commission, hereinafter refarred to as EEOC, has jurisdiction over aliegations of employment discrimination occurring throughout the United States where such charges are based on race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000(e)} (hereinafter referred to as Title VII). EEOC has jurisd'iction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C.§ 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.§ 206), and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 1991,(42. U.S.C. § 12101). B. In recognition of, and to the extent of the common jurisdiction and qoals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to trie terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaininq redress for their grievances under appropriate City or Federal laws. ,�II. FILING OF CHARGES OF DSSCRIMZNATION ��_a� � A. Zn order to fa�ilitate the assertion of emgl�yment rights, the EEOC and the FEPA each desiqnate the other as its agent for the purpose of receiving and drafting charges, including those that are not jurisdictional with the agency that initially receives the charges. EEOC's receipt of charges on the FEPA�s behalf will automatically initiate the proceedings of botri 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 aqency to another in accordance with the terms of this agreement or by other mutual aqreement. B. The FEPA shall take all charges alleging a violation o£ Title VZI, ADEA, EPA, or the ADA where both FEPA and EEOC have mutual jurisdiction, or where EEOC only has jurisdictional, so long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section III. A. 1. below, refer them to the EEOC for initial processing. C. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleginq 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 traTrsferred between the EEOC and the St. Paul Dapartment of Human Rights within the framework of a mutually agreeable system. Each agency will advise Charging Parities that charges will be resolved by the agency taking the charge except when.the aqency taking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section IIZ (DZVISION OF INITIAL CFiARGE-PROCESSING RESPONSIBILITZES). D. For charges that are to be dual-filed, each Agency will use EEOC Charqe Form 5(or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and , Respondent of the dual-filed nature of each such charge it receives for initial processinq and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. ii ZII. DIVISION OF INZTIAL CFIARGE-PROCESSING RESPONSIBILITZES �� In recognition of the statutory authority granted to the FEPA by Section 705(c) 4nd ?n�� f m;ri� pII as amended; and by Title E of the Americans with Disabilities Act, and the transmittal of charges of age discrimination pursuant to the Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between the FEPA and the EEOC will be divided as follows: A. EEOC and the FEPA will process all Title VII, ADA, and ADEA charges that they originally receive. 1. For charges originally received by the EEOC andjor to be initially processed by the EEOC, the xEPA waives its right of exclusive jurisdiction to initially process such charges for a period of 60 days for the purpose of allowing the EEOC to proceed immediately with the processing of such charges before the 61st day. In addition, the EEOC will initially process the following charges: -- All Title VZI, ADA, and concurrent Title VII(ADA charges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; -- All concurrent Title VII/EPA charges; -- All charges against the FEPA or its garent ' organization where such parent orc}anization exercises direct or indirect control over the charge decision making process; -- All charges filed by EEOC Commissioners; -- Charges also covered by the Immigration Reform and Control Act; -- Complaints referred to EEOC by the Department of Justice, Office of Federal Contract Compliance Programs, or Federal fund-granting agencies under 29 CFR § 1640, 1641, and 1691. -- Any charge where EEOC is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and iii � �. ��-a�� -- H11 charges against Respondents which are designated for initial processing by the EEOC in a supplementary memorandum to this Agreement. 2. The FEPA will initially process the following types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; -- Any charge where the FEPA is a party to a Conciliation Aqreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on-going list of all Conciliation Agreements and Consent Decrees which have features relevant to tYie disposition of subsequent charges; -- All charges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- All charges against Respondents which are designated for initial processing by FEPA in a supplementary memorandum to this A�reement; and -- All disability-based charqes against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may request to be granted the right to initially process any charge subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Worksharing Agreement or the Contracting Principles. C. Each Agency will on a quarterly basis notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litiqation unit within l0 working days. iv , , IV. EXCHANGE OF INFQR'^.ATION c,�_a�`�j � r • A. Both the FEPA and EEOC shall make available for insg�ction and co�ying to appropriate officials from the other Agency any information which may assist each Agency in carrying out its responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing infar�ation, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting --^-fo=""=��ic^ a �o compiy witn any confidentiality requirements imposed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agrees to observe the confidentiality provisions of Title VII, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified as 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 griorities. V. RESOLL3TION OF CHARGES A. Both agencies will adhere ta the procedures set out in EEOC's Order 916, Substantial Weight Review Manual, and the State and Local Aandbook as revised. B. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies af 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. }urisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcinq compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a party. , v �. in order to be Eligible for contract credit and/or n ,�, -. payment, submissior.s aust meet all the substantive and ��` administrative requirements as stipulated in the� ` Contracting Pria��pG_ D. For the purposes of determining eligibility Por contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEMENTATION OF TAE WORKSHARZNG AGREEMENT A• Each agency will designate a person as liaison official for the other agency to contact concerning the day-to-day implementation £or the Agreement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. B• The agencies will monitor the allocation of charge- processing responsibilities as set forth in the Agreement. Where it appears that the overall projection appears inappropriate, the eppropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with charginq Parties and Respondents. D• If a dispute regarding the implementation or application of this agreement cannot be resolved by the FEPA and District Office Director, the issues will be reduced to writing by both parties and forwarded to the Director of the Office of Program Operations for resolution. E. This Agreement shall operate from the first (lst) day of October 1997 to the thirtieth (30th) day of September 1998 and may be renewed or modified by mutual consent of the parties. 2 have read the foregoing Worksharing Agreement and I accept and agree to the pravisions contained therein. Date � Date ` F � � ` C � Chester V. Bailey, DistTict Di ector Equal Employment opportunity Co ission Milwaukee District Office � " �, , W. H. Tyrone errill, DiY ctor St. Paul Department of Human Rights vi Council File # t0 � o� ! J OR�GINqL Presented By Referred To Co�ittee: Date WHEREAS, the Saint Paul Department of Human Rights is a Fair Employment Practices Agency (FEPA) authorized by Chapter 183 of the Legislative Code, to enforce Title VII, ofthe Civil Rights Act of 1964, as amended; and, WHEREAS, the U.S. Equa1 Employment Opportunity Commission (EEOC) is authorized by statute to utilize the services of state and local FEP agencies to assist in meeting its mandate to enforce Title VII, of the Civil Rights Act of 1964, as amended and has expressed a commihnent to developing and enhancing a system of "partnership" with FEP agencies; and, WFIEREAS, the U.S. EEOC has expressed a desire to continue our contractual agreement with the Department of Human Rights for the 1997/1998 fiscal yeaz, therefore, be it 10 RESOLVED, that the Saint Paul Department of Human Rights is hereby authorized to execute a 11 contractual agreement with the U.S. Equal Employment Opportunity Commission to investigate 12 dually filed employment discrimination complaints. RequestedbyDe arimento£ HUman Rlghts� �•�' B Y� _ . Approval Recommended by Budget D'uector: Adopted by Council: Date � `x \qq � !/,�/q . � Adoption Certified by Councit Secretary B Approved by May r. Date (� B Green Sheet # RESOLUTION CITY OF SAINT PAUL, MINNESOTA 21 �-�50� � DEPARTMENT/OFFICHCOUNCIL Human Rishts W. H. Tvrone Temll - 266-8964 � CR'IATiobEt ��G � � FIIMICIRLiFRY1CFf � � wvae(w��amT�wry (CLIP ALL LOC � alVailllt � AYICMLiFRV/KCT6 ❑ SIGNATURE) � 3/16/9s GREEN SHEET � No 60�02 InM1aUDa� NXIWDye �� / �,.R,�� .. 1VSIf:N NUMB9lFdt ROUiIH4' ORDER TOTAL # OF SIGNATURE PAGES,� Authorizing proper City officials to execute a contract with the U.S. Equal Employment dpportunity Commission for the provision of investigafive services. RECESVED MAR 2 � 1998 PLANNING COMMISSION CIB COMMI7TEE CML SERVICE COMMISSION Has thic person/firm ever warketl YES NO Hae this a�soNfirm ewx been a dty empwyce9 , YES NO Does this persorUfum P� a sldil not normaiNG�sessed bY anY curterR cRY �nD�oY�� YES NO ts Mis persaMflrtn atar0eted vendoff YES � Work sharing agreement with the U.S. Equal EmploymentOpponrhuiity Commission (EEOC) regazding invesrigation of employment discrimination complaints. Department of Human Rights would receive remuneration for invesrigative services provided on employment discrimina6on complaints at an amount of $500.00 per charge and costs incuned related to training. �ur�a� Research G�nter None ,, �,• , , Departxnent of Human Rights would provide investigative services without remuneration from U.S. Eaua1 Emnlovment Onoortunitv Commission. �UNT OF TRANSACTION � 3�0��• � SOURCE v/. S�f �! e I� MFORMATON (FXPW� COST/REVENUE BUDOE7ED (CIRCLE ON� YES NO �� 3/� S'� .�/ - ACTNITYNUMBER � , .. �� T� r ' �� ♦ � �, � , � DEPARTMENT OF HUMAN RIGHTS CITY OF SAINT PAUL Norm Coteman, Mayor MEMORANDUM DATE: TO: FROM March 16, 1998 Mayor Coleman City Council Members Budget D'uector City Attomey Tyrone Terrill Director W. H. Tyrone Terrill, D'uector � �� -� 900 City Hali Telephone: 612-266-8966 IS W. Kellogg Boulevard FacsimiZe: 612-266-8962 SaintPaul, MNSSIO2-168I ZDD: 612-266-8977 SUBJECT: Resolution Authorizafion - Equal Employment Opporiunity Commission Contract (EEOC) In fiscal year 1994-1995 the Department of Human Rights (DHR) entered into a contract and work sharing agreement with U.5. EEOC. The contract provided that the EEOC would pay the DHR for each employment discriminarion case (Tifle VII, ADA, ADEA) that the DHR investigated when the case was dual filed with the EEOC. The EEOC has expressed a desire to continue the contractual relauonskdp with the DHR for the 1997-1998 �scal year. The Department of Human Rights is requesting authorization to execute the contractual agreement with the U.S. EEOC for the 1997-1998 fiscal year. The contract is for an estimated amount of $31,200.00. Aa Affirma[ive Acpon, Fm,ai OpporNnity Employer CITX OF SAINT PAUL Norm Coleman, Mayor March 16, 1998 Ms. Lachon N. Raifozd DEPARTMENT OF HUMAN RIGHTS W. H. Tyrone Teirill, D'ueetor �� a,� J' St�O City Ha11 Telephone: 6I2-2668966 IS W. %ITogg Boulevard Facsimile: 612-2668962 Saint Pau1, MN55102-I681 TDD: 612-266-8977 Contract Specialist U. S. Equai Employment Opportunity Commission Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D. C. 20507 Dear Ms. Raiford: This is a follow-up to the telephone conversation you had today with Ms. Bonnie Jellinek in which she aclaiowledged that we had received EEOC's Contract Modification No. 3 on Friday, March 13, 1998. The accompanying letter stated that the contract should be signed within 10 days from receipt of the letter. The contract must approved by the City Attorney, Budget Director, Mayor and City Council. Since our City Council only meets once a week on Wednesdays, we are requesting an extension of tUirry (30) days in order to allow us time to get the matter before the City Council. If you should have any questions, please contact me at {612) 266-8964. Thank you for your consideration in this matter. Sincerely, W .�— � W. H. Tyrone Terrill Director Sent by fax: (202} 663-4178 Post-it� Fax Note 6 7671 �� L. M Affitma[ive Action, Equa] Opportunity Employer �.�� U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION �� ,.�s�? �l '�r> +i Washington, D.C. 20507 A ��6 � Y St. Paul Human Rights Deparhnent 15 West Kellog Bivd., Room 900 St. Paul, MN 55102 q�-a�� % ��f�� :v�> Subject: Contract 1�To. 7/5010/0169 ; `1 ` '�?� - �=.,:.,, s , -v 9' �'tli... Dear Director: =-'� Enclosed are four (4) copies of proposed Modi�cation No. 3 of subject contract. In order to expedite the execution of this modification, please return three (3) signed copies of the modification within fen (10) days from receipt oF this letter to the following address: Equal Employment Opportunity Commission Procurement Management Division 1801 L 5treet, N.W., Room 2505 Washington, D.C. 20507 The fourth copy is for your records. ilpan execution by the Government, one fully executed copy of the modi�cation stamped "DUPLICATE ORIGINAL" will be returned to you for your �les. Any request for extension should be via telephone or in writing. Facsimile requests are acceptable. Our facsimile telephone number is (202) 663-4178. In the event you have any questions regarding this contract, please contact Lachon iV. Raiford, Contract Speciatist, on (202) 663-4220 or me at (202) 663-4223. f ' �_ %� Of�cer ancial and Resource Management Enclosures i' y E 1 ., AMPNDMENT OF SOLICISATZON/MODIFICATION OF CQNTRACT 3 10/07/97 EOUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMENT MANAGEMENT DIVISION 1801 L STREET, N.IJ. ROOM 25�5 WASHINGTON, �C ZOS�f neuvc HRU NUUKWd V[ LUN1K0.6fUK (NO.. CT�caf e-n� S7. PAUL HUMAN RiGHTS DEPARTMENT �5 WEST KELLOG BLVD., ROOM �00 ST. PAUL, MINNESOTA 55102 xea (spen ty type ot modification and authority) CIAUSE H.10, OPTION TO EXTEND THE TERM Of CONTRACT. ii. TNIS STEM ONLY APP4IES TO AMENDMENTS OF SOLILI7A7IONS ❑ The above numbered solicitaTion is amended as set forih in item 14. The hour and da[e specified for receipt of Offers ❑ is extended, ❑ is not exTended, Offefors must acknouledge receiFC of this amendment prior 2o the fiov date specified in the solicitation or as amended, by one of xhe follouing methods: <a) By completing Items 8 and 1 and returning copies of the amendment; (b) By acknouledging receipt of xhis amendmenT on each copy of the offier subnitt�(c) By—s�arate letter or telegram uhich includes a reference to the soficitation and amendmen numbers. FAlIURE OF YOUR ACKN�LILE4GMENT TO BE RECEIVED AT TNE PLALE DESIGNATED FOR TME RECEIPT OF OFFERS PRIOR TO HOUR AND DATE SPECIFIED MAY RESULT ]N REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to chang an offer already sutxni2ted, such change may be made by telegram or letter, provided each teLegram or letTer makes reference to the soticitation and this amendment, and is received prior To the opening hour and date specified. SEE PAGE 2 fOR ACCOUNTING AND APPROPR7ATION DATA 13. TNIS ITEM APP�IES ONiY TO MOD[fICAT10NS 6f CONTRACTSlORDERS, 17 MWIfIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 74. IN ITEM approprtatwn data, ecc.> SET X 8/5010/7501 (If o2her than Item 6) -- E�UAL EMPLO7MEHT OPPORTUNI7Y COMMIS MILUAUKEE OISTRICT OFFICE 370 4EST UISCONSIN AVENUE SiE. 800 MILUAUKEE, IJISCONSIN 5320`5-2Z92 � F` -2�� PAGE OF PA6ES 7 3 5. PROJ£Ci N0. (If appLicable) YN. UAIEU ISEE 17EM 1�) tOA. MODIFICA7ION OF CO X 7/5070/0769 106. DATED (SEE ITEM 13 OS(29l47 <wiive LIIANG[5 csucn as SO THE AUTHORITY OF fAR E. IMPORTANT: Contractor ❑ is noi, � is required to sign 2his docwnent and return 3 copies to the :t matter NM1ere teaslble.) PURPOSE: EXERCISE OF OPTION I 7�l Pursuant to Clause H,10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hexeby exercises Option Year 1 to extend contract per£ormance for a period of twelve (12) months commencing October 1, 1997. Effective as o£ the date in Block 3 0£ this modification. al NSN 7540-01-152-8070 PREVIWS EDITION UNUSABLE and 7HE � antl coMlYiorvs of the docwnent referenced in Stem 9A or }OA, as heretofore dl force and etfect_ or priM) 76A. NAME AND TtTIE OF CONiRACTING OFFICER (Type or prinU JEFFREY A. ROSENFELD CONTRACTING OFFICER iSC. DATE SIGNED 168. UNITED STATES Of AMERICA , 16C. DATE SIGNED BY i n) (Si nature of Contractin officer> 30-105 STA27DARD FORM 3� (REV. t�-83) Prescribed by fiSA FAR (48 CPR) 53.243 �� Contract \'o. 7/5010/0164 Mo�cation No. 3 Page 2 of 3 I. OP?70N PERIOD I- Ocfober l, i497 throuah September 30, I998 �f.IN: = B�SGii.�Ii3N . r�'t+�4T�� 0201 Frocessing and resolving, at a price of $SOQ $ 30.000 per charge, 60 Title VII, ADEA, and ADA charges. Each charge must have been filed since October 1, 1993, and resolved in accordance with a Charge Resolution Plan, if applicable. 0202 Travei and other costs related to attendance and provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD �: The accounting and appropriation data is as follows: 8/5010/22l4116 - $ 30.QQ0 OBLIGATE 8/5010/0814106 - $1_ OBLIGATE SECTION F- PERIOD OF PERFORMANCE. The period of performance is hereby extended from October 1, 1997, through September 30, 1998. $ 1.200 $ 31.200 As a result of this modification, the total contract price is increased by $ 31.200 from $ 22.053.97 to a new total of $ 53.Z53.97 . 1' s. , , 10 - a `�� Contract \'o. 715010/0169 Modi�cation No. 3 Page 3 of 3 II. In addition, the following are changes to the contract: Section C - DFSCRIPTION/SPEC.lWORK STATEMF.NT Replace Pages C-1 through C-5 with the attached Pages C-1 through G5. Section E- INSPECT'ION AND ACCEP'TANCE Repiace Page E-1 with the attached Page E-i. Section F- DELIVERIFS OR PEI2FORMANCE Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2. Section G- CONTRACT ADM[NISTRATION DATA Replace Pages G-1 through G-4 withthe attached Pages G-1 through G-4. Section H- SPECIAL CONTRACT REQTJIREMENTS Replace Page H-2 with the attached Page H-2. Section J- LIST OF ATTACfIIvIENTS Incorporate Worksharing Agreement for Option I as Attachment D. Farcept as stated above, all other tenms and conditions for the contract remain unchanged. L �l� -a�t � U.S. EQUAL EMPLOYMENT �PpORTUNITY COMMlSSIQN UNfFORM CONTRACT FORMAT SECTION C- OESCRIPTION/SPE -'wnaK STATEM NT Background A. There is an acknowiedged need to ensure the employment rights of individuals granted by Federal, State and Locaf anti-discrimination lativs, and, The Equal Employment Opportunity Commission (EEOC) is auihorized by statute to utilize the serv+ces of Siate and Local Fair Employment Practices IFEP) Agenc�es to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended, the Age Discriminatio� in Employment Act of 1967, as amended, and, the Americans with Disabilities Act, and, B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate to establish an integrated system for more expeditious resolution of employment discrimination charges, has committed itseif to continued deve4opment and enhancement of such a system in partnersfiip with the FEP Agency, hereinafter referred to as the Contractor. ll. Scope of Work A. The Contractor ag�ees to cooperate with the Equa1 Employment Oppoctunity Commission in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives which include, but are not limited to, the following: Implementation by the Contractor of procedures that provide for prafessionaiized intake of aVi charges the FEPA initiafly receives, prompt notification io respondents, resolution of charges on a current basis, determinations supported by evidence, and reso{utions with remedies; 2. The training of Contractor personnei in charge processing procedures compatibta with those of the EEOC; 3. Utilization by the Contractor of an employment discrimination charge form which, within statutory fimitations, is acceptabie to the EEOC and the Contractor; �. Utilization by the Contractor of processing terminofagy (such as common language pertaining to types of resolutio�sl that is the same as or compatible with that utilized by the EEOC; � C-1 . . � ��-a�� 5. 7he development and maintenance of a system to ensure that EEOC and the Contractor ma+ntain compatible procedural and substantive standards; and 6. The identification by the Cantractor and EEOC of legislative changes that may be appropriate for ihe estabiishment. of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resolution Plan that: a. enhances quality and efficiency in the Contractor's charge resolution systems; b. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives; c. develops procedures and processes designed to reduce inventories of duaf-filed charges tfiat wili ensure maintenance of a charge inventory of less than 365 days; and d. ensures that quality standards are met and are commensurate with EEOC's policies and statutory responsibilities. B. The Contractor further agrees that when agreement on implementation of any of the above mentioned items is reached, the details of such an agreement shal! be reflected in a Worksharing Agreement whose effective date wilt run consistent with the efifective dates of this contract. Upon execution, the Worksharing Agreement dated September 1 1. 1997, is herein incorporated by reference into this contract. C. It is understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the executed Worksharing Agreement between the Contractor and EEOC provide that once EEOC or the Contractor has been designated to process the charge, the other shafl refrain trom processing the charge pending compietion by the initiai processor to minimize dupiication of effort. G2 ��_a�13 D. It is `urther understood and expressfy agreed to by both parties to this contract that, as a condition to the maintenance ot this contract, the Contractor shall: 1. Imolement in cooperavon �+vrth EEOC, a system which permrts each party :o perform various functio�s on behalf of the other, among otfier th�ngs, accepting charges for each other, within such statutory limits as may exist; and 2. Commrt itself to maintenance of effort. it is the intention of the EEOC to purchase services from the Contractor. Therefore, shouid the Contractor or the governmental body which provides its fu�ds reduce the Contractor's resources in anticipation of or as a resuft of EEOC contract funds, the EEOC may consider any reduction in the Contractor's funding from its funding source, restr�ct{on placed on the use of its funds, or changes in the Contractor's operating ptocedures 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 ail provisions of the EEOC's Contracting Principies for State and Local FEP Agencies for Fiscal Year 1998 adopted by the Commission on Ju(y 8, 1997 are incorporated in their entirety into this contract. lil. Statement of Work ' . - . . . .- - �- •- . . • � . .- _.. .. - . . � r_ .- _.. .. - — t. The Contractor agrees, for the prices stated in Section B, to process individual charges of employment discrimi�ation exclusive ot any charge processing resulting from other contraets for the resolution of charges that may be in effect between the Contractor and the EEOC during the term of this contract. 2. The Contract Monitor shall be responsible for transmitting charges initially received by EEOC to the Contractor. The Contracior fuRher agrees that the charges submitted to �EOC for contract credit review shall include, but not be limited to, no cause findings, successful settlements, success#u! conciliations, adminisisative resotutions, final orders issued foliowing and pursuant to administrative hearings and litigation. No contract credit will be awarded by EEOC for resolutions by the Concractor based on no jurisdiction (except in cases where an investigation is actualiy required to determine jurisdictioni or resolutio�s based on the charging party's faifure to estabfish a bona fide charge. G3 ' q�-�R� +' 3. Ali charges submrtted fcr credit under cnis contract snall be compie*.ed by the Contractor between October 1, 1997 and September 30, 1998, as fcllows: a� Afi charges will he evaluated and determfnations made �n acccrdance with the theories of discriminanon in empioyment as developed under Tit�e VII of ,he Civil Rights Act of 1964, as amended the Age Discrimination in Empioyment Act of 1967, as 2mended, and the Amencans wrth D+sabilities Act, as appropriate. b. lnvestigation and resolution of individual charges pursuant ;o th�s contract shail be co�ducred in a manner designed to ef`ectuate reliei `or the charging party and sha11 be carried out as expeditiously as possible. c. All final actions, litigation and intake services for which payment is requested under this contract will be processed and awarded contract credit, in compliance with EEOC Order 916 (or the new State and Local Handbook when issuedl, the ADA Technical Assistance Manua4 for ADA charges, and the Worksharing Agreement. d. Contraci credit submissions wifl include final dispositions of charges Si.e. finai actionsl. When administrative appeal rights exist, the f'rnal dispositio� of a charge occurs only after the time for appeal has expired or the appeal has been processed to completion. In cases where the administrative appeal has been processed, the date of the notice of the final result of the appeal is the operative date. This applies in ail cases where an administrative appeal is provided, whether the case is administratively resolved, dismissed, decided, or when no cause is found. For Titie VII charges only, the fifteen day period during which Substantia{ YVeight Review may be requested and/or the period during which a Substantial Weight Review is conducted is not co�sidered for the purposes of computing the operative date of the finai disposition of a charge. e. Contract credit submissions that are not final dispositions will incfude: 11 Charges to be litigated by the Contractor where EEOC receives copies of the compiaints bearing confirmation of the filing dates with the Court, or other appropriate officiai confirmation of the filing dates of the compiaints; 2) Certain types of charges that must be transferred to the EEOC that are not finaf actions by the Contractor, as specified in EEOC Order 916 tor the new State and Locai Handbook when issuedl; and 3) Intake services by the Contractor where EEOC accepts far processing a charge initially filed but not jurisdictionaf with the Contractor, or any other FEP Agency, and for which the Contractor has prepared all charge intake documentation, inciuding a complete affidavit, as required by the EEQC. in addition, contract credit tor intake services wi11 be given when EEOC accepts for processing a charge initially filed with but not jurisdictional with the Contractor, and the Contract Monitor determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or State FEP Agency office. [�1.�! °t�-a� � �` "� f Charge resolutions subm�tted tor contract credrt pursua�t :o ;h�s contract will be idertified by the Contractor by timely and accurate data entnes on the FEPA Charge Data System, �f appiicable. Where tne Contractor s not on the FcPA CDS, charge resolutions subm�tted for credit oursuar.t to this contract will be designated in a monthiy status report �rom rhe Contrzctor ;o cne Contract Monitor. 9• AH charges �.vili be prccessed by the Contractor in accordance w�th tne Contrac:or's applicable State or local Law. h. Contract crecit �,vill not be allowed for a�y charge sub�ect to a orocess�ng fee. !f such a fee is imposed or impfemented dunng the period of the contract, the contract may be terminated in accordance with C�ause 52.249-4, Termination for Convenience of the Government. 4. 1n order to ensure consistent levels of productivity toward established results, the contract mo�+tor will review production on a quarteriy basis. The Contractor is expected to submit for contract credit approximately one-fourth of the total charge resolutions required under the contract each quarter. C-5 ^ .. U.S. EpUAL EMPIQY�AE.+�!? OPPORTISf::TY COMMISSION UNiF�RM CONTRACT FORMAT SECTfON E- INSPECTION AND ACCEPTANC E.1 INSPECTION AND qCCEPTANGE inspection and Acceptance shail be made by the Contract Monitor or hisiher desrgnee on behalf of the Director, Office of Field Programs, Equaf Empfoyment Opportunity Commission. Inspection and Acceptance shaii be made pursuant to the standards set forth in EEOC's Compliance Manual and in the applicable section(s� of EEOC Ordet 916 {or the new State and Local Handbook when issuedl. The Contract Monitor wili ensure that the Contractor maintains performance that is consistent with the criteria and requirements contained herein, as well as in the Substantial Weight Review Procedures and Worksharing Agreements. EEOC Headquarters will conduct an on-site eva4uation of the investigative and administrative charge processing procedures of the Contractor as needed. Accordingiy, the Contractor is expected to comp�y with reasonabie requests for providing and/or making avaifable information concerning various aspects of their processes and procedures as they reiate to or impact on the management and disposition of the dual-filed inventory. Such information inciudes but is not limited to staffing infocmation, case management printouts, charge processing documentation, and any other material and data as may be related andlor apply to the processing of dual-filed charges or administration of the contract, E.2 NOTICE: The following solicitation provisio�s and/or contract clauses pertinent to this section are hereby incorporated by reference: FEDERAL ACQUIS1T10N REGUTATlON (48 CFR CHAPTER 1) CLAUSES 52.246-4 INSPECTtOh OF SERVICES - FIXED PRICE (APR 1984) E-t ' � 11.S. EQUAL EMPLOYMENT OPPORTUNITY COMMiSStON 1� UNIFORM CONTRACT FORhlQT • � •• ' � •-LL•� F.1 PERIOQ OF PERFf1RNfA11€CE Performance under this contrect shail begin on October 1, 1997 and be compieted by September 30, 1998. (See Clause H.10, "Option to Extend the Term of the Contract F.2 TtME OF DEUVERYlDELlVERABLES A. Where the Contractor is on tfie EEOC's computerized charge data system 1FEPA CDS1: 1. The contracior must make accurete and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge information is availabie tor extraction by the Coiiection Manager in a timeiy manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been 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 1998 Contracting Principles. in addition, in order for a charge to be eligible for contract credit, basic charge data must be entered into the FEPA CDS within five days of the Contractor's receipt ot each charge as set forth in Section i{. B.�xa of the FY 1998 Contrecting Principles. 3. In order to meet the requirement in the FY 1998 Contracting Principles at Section 11.6.2. that the Contracto� shaii provida EEOC with a tist of final actions within a timeframe agreed upon by the Contract Monitor and the Contractor, but usually no fater than 30 days after the resolution of each charge, the Contractor must ensure the timely and accurate entry of data into the FEPA CDS, The Contractor Monitor, will generate charge data lists and reports through the FEPA CDS to verify tfiat this requirement is being met througfiout the term of this contract. 4. The Contractor will enter ail charge daia for contract credit submissions through each quarter not late► than the 8th calendar day of the month fotfowing each quarter. F-1 � � , • ��-a'l� B. Where che Contractor is not on the FEPA CDS: The Contractor shall submit quarterly contract production reports to tfie Contract Monitor for review. The quarter(y repotts shali consist of EEOC Forms 322 and 472, Upon award o{ the contract, the quarterly reports must be received by the Contract Monitor not later than the 8th calendar day of the month following each quartes. 2. Separately, the Contractor shall furnish to the Office of fiefd Programs, Field Management Programs and State and Local Programs, Washington, D.C., written reports as may be expressfy required by either ot those units. 3. The Contractor shall provide EEOC with a list of charge resolut+ons with resoect to dual-filed charges within a timeframe agreed upon with the Contract Monrtor, but no later tha� thirty days after the charge resolution dates. The lists of charge resolutions will be provided on the EEOC Form 472. After receipt of the lists, if requested by the Contract Monitor, the Contractor wiil forward all charge file information, or a copy of such information, within five workdays of the requests. The EEOC Contract Monitor may extend or reasonably atter the five-day time frame as deemed necessary and appropriate. (For non-certified Contractors, fiie information must be submitted within five days of submission of the Form 472/resoiution fisting unless the timeframe is extended or otherwise modified by the Contractor Monitor.) Failure to timely submit reports and charge file information will result in the denial of contract credit for the affected resolutions. 4. The Contractor must make timely and accurate submission to EEOC of EEOC Form 322, FEP Agency - Pertormance Report, and EEOC Form 472 FEP Agency Charge list. All reports covering the first three quarters of the FY 1998 contract must be received by EEOC prior to September 30, 1998. F-2 � .. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIPORM CONTRACT FORMAT SECTION G- CONTRACT ADMiNISTRATION pATA Contracting Officer Contract Specialist inspection and Acceptance Accounting and Appropriation Data Contract Monitor (CM) Paying Oftice Jeffrey A. Rosenfeld Lachon Raiford EEOC - Contract Specialist Telephone: {202} 663- 4220 See Section E of the Schedule See Siock 14 of Page 1, SF-26 Chester V. Ba+ley, Director Milwaukee District Office Telephone: (404� 297 - 1265 See Block 12 of Page 1, SF-26 Project Officer . Elizabeth M. Thornton, Director Office of Field Programs 1801 L Street, N.W., Rm 8002A _._ .,, Washington, D.C. 20507 Teiephone: (202) 663-4801 G.1 CONTRACTiNG OFFICER °��-a�� Notwithstanding any of the provisions of this contract, the Contracting Officer shaN be the on{y individual authorized to amend or modify any ofi the terms of the contract or redirect the efforts of the Contractor. G.Z CONTRACT MON170R (CM) The Equai 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, Office of Field Programs and provide the Contractor with technical guidance. Technica! guidance shafl mean filling in the details or otherwise expiaining the scope of work and the requirements set forth in the contract. it is intended that the detaiis or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The CM has the responsibility for monitoring and evaluating ail phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. G-1 G.3 �TRICT OFFICE STATE AND LO a� �npRDINATQj �� - a-�t � The EEOC District Oftice State and Local Coordinator or Program Manager is the des+gnee of the CM in connection with the periormance of this contrect and shall perform those duties specified in paragraph G-2 above. G.4 INVOlCf INSTRUCTInNc Generai. Strict compliance �Nith the invoice instruct'sons wili faciditate early pzyment of invoices. No payments, however, can be made unti{ tfiis cnntract and subsequent modifications are returned, proper(y executed, to the Equai Employment Opportunity Commission, 1g01 L Street, N.W., Washington, D.C. 20507, Attn: Contractirg Officer, Room 2505. b• Invoice Forms. 7he Contrzctor must use copies of the "Pubiic Voucher for Purchases and Services Other Than Personai," Standard Form 1034. Copies of the form may be obtained from the CM. c. Payments shal� be invoiced in accordance with the payment scfiedufe contained in ' Section G. However, regarding training, in order for the government to make maximum use of funds, it is imperative that requests for payment of training compieted be invoiced no later than 30 days after completion of the training. In those cases where the Contractor has nat invoiced for training compieted within the 30 day period, the Contractor agrees to aliow the government to unilateraily deobligate the amount of f�nds the government determines to be in excess of the amount needed to pay for training. 2. tn the event tfie government determines before traini�g is to be conducted that the amount of fu�ds provided under the contract shouid 6e reduced or increased as a result of a revised estimatiort e# the amaurtt of fu�ds needed to pay for training, the Contractor agrees to al{ow the government to unilaterally mod'+fy tfie contract to provide funds for training in accordance with the government's revised estimation. Step 1 - The Contractor will prepare, sign and submit copies of "Pubiic Voucher for Purchases and Services Other Than Personaf," Standard Form 1034, to the CM. Vouchers fnr advance payments musi be received 6y the CM by the 10th of the month if payment is wished near the first of the subsequent month. Vouchers for payment of charge resofutions actuaily produced should be submitted to tfie CM as soon after compietion of a fiscal quarter as possibie. For advance payment, the Contractor will check "Advance" in the "Payment" section of each Form 1034 submitted. For acival production payments prior to the compleLio� of the contract, the Contractor wiil check "Progress" in the "Payment section and wilf type the foilowing certification in the "Articles or Serv�ces" section of each Form 1034 submitted: rontracior - rtifi -� rh-t sli ,.�__-- ----'- -°-- � _ , . . � � o��c vviu� �nc eoo��caose sectrorn � ot � � order 9ti�. �The reference to EEOC Order 916" witl cfiange to "the State and Locai Handbook" when the {iandbook is issued.) For the actual production payment upon completion of the contract, the Contractor wiil check "Final" in the "Payment section, and the certification cited abova will be typed in the "Articies or Services" section of the finaf Form 1034 submittad. G-2 ��s-a�3 Step 2 - Step 3 - Equal Empioyment Opportunity Commission Otfice of Field Programs State and Local Programs 1801 L Street, N.W., 8th Fioos Washington, D.C. 20507 Step 4 Step 5 - The CM wi1) receive and review the Standard Fnrm 1034. If found correct and proper for payment, the CM will sign the Standard Form 1034 on ;he "Authorized Certifying Officer" line. The CM, however, is empowered to modify payment amaunts on vouchers submitted for actuai production payments based upon assessment of the charge �esolutions received and accepted, and will advise the Contractor of any modification in payments made in light of the requireme�ts of the contract between the parties. The CM wi11 detach one yellow copy of the Standard Form 1034, then ma�l che original and remaining copies of the Standard Form 1034 to: The Office of Field Programs, after processing the voucher, wili forward the original and one copy of the voucher to Financiai Managemeni Division, Room 2005, for payment. Tfie CM wiii mail the detached yeliow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: Equal Empioyment OppoRunity Commission Director, Procurement Management Division 1801 L Street, N.W., Room 2505 Washington, D.C. 20507 G.5 u . . � a. Payments made u�der this contract wili be made by vo�chers submitted to the CM (District Director>. Upon notice of award, an advance payment voucher not to exceed fifty i50} percent of the totai annuai contract price of this contract may be submitted by the Contractor. Should this co�uact obligate funds less than the totat annual contract price indicated +n the Schedule, the Contractor may submit a vouche� for that amount; provided, that tfie voucher does not exceed 50 percent of the totat annuai contract price. The advance payment invoice will be approved for payment hy the CM only after award of the contract by the Contracting Officer. Subsequent payments wili be based on the Contractor's actuat production of accepted charge resolutions. it shoutd be noted tfiat tfie Conuactor has the option to submit invoices on any or all subsequent quarteriy actual production payment dates shown on the Payment Scheduta below. G-3 � � �1� -� �� PAYMETtT SGHEDUL FO qItGHERIhG G.6 Voucfierin4 Date 10/OZ/97 01l08/98 04/08/9$ 07/08l98 �� : i •� ._ Percentage of Totai Contract Allocation 50% Type of Voucher Payments Advance Based on Actual Production Based on Actual Production Based on Actual Production �o��819$ Not to exceed Based on Actuaf Contract Amount Production b. The CM may recommend payment for the full amount of the contract at any time thai the Contracior completes the number of acceptable charge resolutions required by the contract. :�� :c� u . ua.�� a. if the contractor has provided the information designati�g a financial institution for receipt of electronic tunds transfer payment to the EEOC Financiai Management Division, no further action is required to receive electronic payments through the Automated Clearing House system. b. If the contrac2or has provided the information des+gnating a financia{ institution for receipi of electronic fu�ds transfer payment to the EEOC Financial Management Division and the information has changed, the comractot is required to provide the updated information to the EEOC Financial Management Division identified i� block 12 of SF 26 within 14 calendar days of the award date of this contract. c. !f the contractoc has not provided tfie informatiori designating a financiai institution for receipt of etactronic funda Vansfer payment, the contractor is requested to provide ihe information required b� clause 52.232-33, identified in paragraph l.2 of this contract to the EEOC Fnanctal ManagemeRt Oivisio� identitied in b►xk 12 of SF 26. G-4 H. s �as� � �' - a`? 3 The Government shali have access to all case files created and developed in the performance of this contract at all reasonabte times when they are in the possession of the Contractor. The Contractor shall fiave access to such case fiies at ail reasonable times while they are in the possession of the Equal Employment Opportunity Commissio�. No casa files, reports, studies, findings or other information coilected or created in the performance of this contract shafl be reieased by the Contractor except as authorized in accordance with the Confidentiality Provisions set forth at paregraph H-7 above. H.4 INt3f�ANIEi£/�Tit1A1 Tfie Co�tractor agrees to indemnify the Govesnment, its officers, agents, empioyees and assignees, for all cfaims of any nature arising out of the performance of this contract, including costs and expenses resulting from such ciaims. .�'�� f�C� •. ] 7'i. — The Contractor agrees that in the communication or re4ease of all information concerning work performed or work to be performed under this contrect, such communication or release, wheiher in writing or otherwise, shall be jointly approved by the Contract Monitor and the Contractor, and shall include a statemeM to the eftect that the project or effort depicted was or is co-sponsored by the Equai Empfoyment Opportunity Commission. ir; f)1�•t er<•i This is a fixed price contract. No additional funds wii! be added to this contract for direct or , +�direct costs incurred by the Contractor in the performance of this contract that exceeds the --- unit pricefsl indicated in Sec2ion C. �° ?r� :�-. a�. . 3 � ,�.. ai,: - a .., The Contractor wili provide written notificatio� to the Directcr, Offfes of Fie{d Progroms, of any adverse local, state, or federal court decision issued agai�st the Contractor relevant to the Empfoyment Opportunity clauses, Section I, of this contract. Such notice shali be provided within 10 days of the caurts decision. H.8 P�,� This conuact requires tfie coflection, creation and maintenance of records which are subject to the Privac� /Kct ot 1 g74, See the Privacy Act Notification Ciause and the Privacy Act Clause incorpa�ated inta this contract in Section I. The records compiled, created and maintained pursuaM tathis contract are inciuded in EEOC's Privacy Act System EEOC3, "Titie VII and ADA Discrimir�atibrt Casa �fes"� or Privacy Act System EEOC-t, "Age and Equal Pay Oisc�iminatiort Case Fites". The contents and operatiort of tfiese systems ara described in Federal RegisteF Notice, "Privacy Act of 1974; Pubiication ot System of Records, Proposed New Systems and Proposed New Routine Uses", dated March 18, 1934, and inctuded in Section J o4 this contract. Tha EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are hereby incorporated by referenca. H-2 ��-a�1� WORKSHARING AGREEMENT BETWEEN St. Pau1 Department of Human Rights and EQUAL EMPLOYMENT OPPORTL723ITY COMMISSTON FOR FISCAL YEAR 1998 I. INTRODUCTION A. The St. Paul Department of Human Rights, hereinafter referred to as the FEPA, has jurisdiction over alleqations of employment discrimination filed against employers of one (1) 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, aqe, disability, marital status, or status with regard to public assistance, pursuant to Chapter 183 of the St. Paul Legislative Code (Human Rights Ordinance). The Equal Employment Opportunity Commission, hereinafter refarred to as EEOC, has jurisdiction over aliegations of employment discrimination occurring throughout the United States where such charges are based on race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000(e)} (hereinafter referred to as Title VII). EEOC has jurisd'iction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C.§ 621 et.seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C.§ 206), and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 1991,(42. U.S.C. § 12101). B. In recognition of, and to the extent of the common jurisdiction and qoals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to trie terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaininq redress for their grievances under appropriate City or Federal laws. ,�II. FILING OF CHARGES OF DSSCRIMZNATION ��_a� � A. Zn order to fa�ilitate the assertion of emgl�yment rights, the EEOC and the FEPA each desiqnate the other as its agent for the purpose of receiving and drafting charges, including those that are not jurisdictional with the agency that initially receives the charges. EEOC's receipt of charges on the FEPA�s behalf will automatically initiate the proceedings of botri 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 aqency to another in accordance with the terms of this agreement or by other mutual aqreement. B. The FEPA shall take all charges alleging a violation o£ Title VZI, ADEA, EPA, or the ADA where both FEPA and EEOC have mutual jurisdiction, or where EEOC only has jurisdictional, so long as the allegations meet the minimum requirements of those Acts, and for charges specified in Section III. A. 1. below, refer them to the EEOC for initial processing. C. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleginq 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 traTrsferred between the EEOC and the St. Paul Dapartment of Human Rights within the framework of a mutually agreeable system. Each agency will advise Charging Parities that charges will be resolved by the agency taking the charge except when.the aqency taking the charge lacks jurisdiction or when the charge is to be transferred in accordance with Section IIZ (DZVISION OF INITIAL CFiARGE-PROCESSING RESPONSIBILITZES). D. For charges that are to be dual-filed, each Agency will use EEOC Charqe Form 5(or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in form and content to EEOC and the FEPA) to draft charges. E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and , Respondent of the dual-filed nature of each such charge it receives for initial processinq and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. ii ZII. DIVISION OF INZTIAL CFIARGE-PROCESSING RESPONSIBILITZES �� In recognition of the statutory authority granted to the FEPA by Section 705(c) 4nd ?n�� f m;ri� pII as amended; and by Title E of the Americans with Disabilities Act, and the transmittal of charges of age discrimination pursuant to the Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between the FEPA and the EEOC will be divided as follows: A. EEOC and the FEPA will process all Title VII, ADA, and ADEA charges that they originally receive. 1. For charges originally received by the EEOC andjor to be initially processed by the EEOC, the xEPA waives its right of exclusive jurisdiction to initially process such charges for a period of 60 days for the purpose of allowing the EEOC to proceed immediately with the processing of such charges before the 61st day. In addition, the EEOC will initially process the following charges: -- All Title VZI, ADA, and concurrent Title VII(ADA charges jurisdictional with the FEPA and received by the FEPA 240 days or more after the date of violation; -- All concurrent Title VII/EPA charges; -- All charges against the FEPA or its garent ' organization where such parent orc}anization exercises direct or indirect control over the charge decision making process; -- All charges filed by EEOC Commissioners; -- Charges also covered by the Immigration Reform and Control Act; -- Complaints referred to EEOC by the Department of Justice, Office of Federal Contract Compliance Programs, or Federal fund-granting agencies under 29 CFR § 1640, 1641, and 1691. -- Any charge where EEOC is a party to a Conciliation Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- Any charge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and iii � �. ��-a�� -- H11 charges against Respondents which are designated for initial processing by the EEOC in a supplementary memorandum to this Agreement. 2. The FEPA will initially process the following types of charges: -- Any charge alleging retaliation for filing a charge with the FEPA or cooperating with the FEPA; -- Any charge where the FEPA is a party to a Conciliation Aqreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on-going list of all Conciliation Agreements and Consent Decrees which have features relevant to tYie disposition of subsequent charges; -- All charges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- All charges against Respondents which are designated for initial processing by FEPA in a supplementary memorandum to this A�reement; and -- All disability-based charqes against Respondents over which EEOC does not have jurisdiction. B. Notwithstanding any other provision of the Agreement, the FEPA or the EEOC may request to be granted the right to initially process any charge subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Worksharing Agreement or the Contracting Principles. C. Each Agency will on a quarterly basis notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litiqation unit within l0 working days. iv , , IV. EXCHANGE OF INFQR'^.ATION c,�_a�`�j � r • A. Both the FEPA and EEOC shall make available for insg�ction and co�ying to appropriate officials from the other Agency any information which may assist each Agency in carrying out its responsibilities. Such information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing infar�ation, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual-filed charges or administration of the contract. The Agency accepting --^-fo=""=��ic^ a �o compiy witn any confidentiality requirements imposed on the agency providing the information. With respect to all information obtained from EEOC, the FEPA agrees to observe the confidentiality provisions of Title VII, ADEA, and ADA. B. In order to expedite the resolution of charges or facilitate the working of this Agreement, either Agency may request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. C. The FEPA will review its caseloads on a monthly or quarterly basis to identify issues and bases identified as 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 griorities. V. RESOLL3TION OF CHARGES A. Both agencies will adhere ta the procedures set out in EEOC's Order 916, Substantial Weight Review Manual, and the State and Local Aandbook as revised. B. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies af 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. }urisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcinq compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a party. , v �. in order to be Eligible for contract credit and/or n ,�, -. payment, submissior.s aust meet all the substantive and ��` administrative requirements as stipulated in the� ` Contracting Pria��pG_ D. For the purposes of determining eligibility Por contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes. VI. IMPLEMENTATION OF TAE WORKSHARZNG AGREEMENT A• Each agency will designate a person as liaison official for the other agency to contact concerning the day-to-day implementation £or the Agreement. The liaison for the FEPA will be W. H. Tyrone Terril. The liaison official for the EEOC will be Mary Burks. B• The agencies will monitor the allocation of charge- processing responsibilities as set forth in the Agreement. Where it appears that the overall projection appears inappropriate, the eppropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with charginq Parties and Respondents. D• If a dispute regarding the implementation or application of this agreement cannot be resolved by the FEPA and District Office Director, the issues will be reduced to writing by both parties and forwarded to the Director of the Office of Program Operations for resolution. E. This Agreement shall operate from the first (lst) day of October 1997 to the thirtieth (30th) day of September 1998 and may be renewed or modified by mutual consent of the parties. 2 have read the foregoing Worksharing Agreement and I accept and agree to the pravisions contained therein. Date � Date ` F � � ` C � Chester V. Bailey, DistTict Di ector Equal Employment opportunity Co ission Milwaukee District Office � " �, , W. H. Tyrone errill, DiY ctor St. Paul Department of Human Rights vi