HomeMy WebLinkAboutAgenda - 03-03-1999 - 8gORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
Action Agenda
Item No. ~.g
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 3,1999
SUBJECT: MODIFICATION TO CONTRACT WITH EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION (EEOC)
DEPARTMENT: Human Rights and PUBLIC HEARING: _ Yes XX No
Relations BUDGET AMENDMENT NEEDED
_ Yes XX No
ATTACHMENT(S):
• Correspondence from EEOC
• Modification to Contract
• Original Contract
(All items sent under separate
cover)
INFORMATION CONTACT:
Annette M. Moore
TELEPHONE NUMBERS:
Hillsborough - 732 -8181
Chapel Hill - 967-9251
Durham - 688-7331
Mebane - 227-2031
PURPOSE: To approve a Contract Modification between Orange County and the Equal
Employment Opportunity Commission (EEOC) for services being performed during the
FFY 1999.
BACKGROUND: On October 6, 1998, the Boazd of Commissioners approved a
Worksharing Agreement between Orange County and the EEOC for the period from the
first (1st) day of October, 1998 to the thirtieth (30th) day of September, 1999. On
February 3, 1999, EEOC extended the original Contract, proposing payment to the
department in the amount of $27,700. That total amount received in FFY 1999 will be
determined by the department's processing and resolving 51 charges at a price of $500
per chazge; providing intake services for 20 chazges at $50.00 per charge; and attending
EEOC-sponsored training for a reimbursement from EEOC of $1,200.
RECOMMENDATION(S): The Manager recommends that the Board approve the
contract modification and authorize the Chair to sign the modification.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 2
Washington, D.C. 20507
Orange County Human Relations = -_- '^^
Commission
110 South Churchton Street
P.O. Box 8181
Hillsborough, NC 27278
RE: Contract No. 7/5010/0145
Dear Director:
Enclosed are four (4) copies of proposed Modification No. 6 of subject contract.
In order to expedite the execution of this modification, please return three signed copies of the
modification within ten (10) days from receipt of this letter to the following address:
Equal Employment Opportunity Commission
Procurement Management Division
1801 L Street, N.W., Room 2505
Washington, D.C. 20507
The fourth copy is for your records. Upon execution by the Government, one fully executed
copy of the modification stamped "DUPLICATE ORIGINAL" will be returned to you for your
files.
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 Langham,
Contract Specialist, on (202) 663-4220 or me at (202) 663-4223.
Sincerely
ont~cting Officer
;eme t Division
and Resource
Management
Enclosures
r
3
AD~NDDI03NT OF SOLICITATION/MODIFICATION OF CONTRACT
.. .~_.._.. __.. •.-- I 10/01/98
EQUAL EMPLOYMENT OPPORTUNITY COMM.
PROCUREMENT MANAGEMENT DIVISION
1801 L STREET N.W. ROOM 2505
WASHINGTON, D~ 2050E
9/5010/1502
1 I 4
. N0. ~ 5. PROJECT NO.
(If applicable)
• {.Wi
(If other than Item b)
EQUAL EMPLOYMENT OPPORTUNITY COMMIS
CHARLOTTE DISTRICT OFFICE
129 HEST TRADE STREET, SUITE 400
CHARLOTTE, NC 28202
. NAME AND ADDRESS OF CONTRACTOR (NO., street, county, State
ORANGE COUNTY NUMAN RELATIONS COMMISSION
110 SOUTH CHURCHTON STREET
P.O. BOX 8181
HILLSBOROUGH, NC 27278
10A. MOOIFICATIO
X 7/5010/0145
108. DATED (SEE
04/07/97
11. THIS [TEN ONLY APPLIES TO~AMENDMENTS OF SOLICITATIONS
^ The above numbered solicitation is aa~nded as set forth in Item 14. The hour and date specified for receipt of
Offers ~ is exterxkd, ^ is not extended. Offerors must acknowledge receipt of this aarcndment prior to the hour and
date spectfied in the solicitation or as amended by one of the following methods: (a) By completing Items 8 and 15,
and returning copies of the amendment; (bS By acknowledging receipt of this amendment on each copy of the
offer submitte~o~ (c) By separate letter or telegram which includes a reference to the solicitation and amendment
nuabers. FAILUR~ OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT Of OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. if by virtue of this amendment you desire to change
an offer already submitted, such change m.y be made by.telegram or letter, provided each telegram or letter makes
reference to the solicitation and this amenotiasnt, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (!f required)
SEE PAGE 3 FOR ACCOUNTING AND APPROPRIATION DATA
13. TNIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT T0: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN
7HE CONTRACT ORDER N0. IN ITEM 10A.
8. THE ABOVE NUMBERED CONTRACT/atDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changges in paying
ffi
i
i
t
SET FORTH IN ITEM 14
PURSUANT TO THE AUTHORITY OF FAR 43
d
103
b
o
ce, appropr
on
,
at
a
a, etc.)
.
(
).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER (Specify type of modiftcattan authority)
X CLAUSE H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT.
E. IMPORTANT: Contractor ^ is not, ®is required to sign this document and return copies to the
issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract
subject matter where fusible.)
PIIRPOSE: EXgRCISS OPTION II
Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the
Government hereby exercises Option Year 2 to extend contract performance for a
period of nine (9) months commencing October 1, 1998 to June 15, 1999. The
contract will be modified to extend the period of performance from June 16,
1999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can only
spend funds from October 1, 1998 to June 15, 1999.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore
changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)
Alice M. Gordon, Chair JEFFREY A. ROSENFELD
bran a Count Cotttmis Toners CONTRACTING OFFICER
158. CONTRACTOR/OFFEROR 1 C. DATE SIGNED 168. UNITED STATES OF AMERICA 16C. DATE SIGNED
BY
NSN 7540-O1-152-8070
PREVIOUS EDITION UNUSABLE
30-105
STANDARD FORD[ 30 (REV. 10-83)
Prescribed by GSA
FAR (48 CFR> 53.243
4 ~'
1. CONTRACT ID CODE PAGE NO.
AMSNflMBNT OF SOLICITATION/MODIFICATION OF CONTRACT 2
2. AMENDMENT/MODIFICATION N0. 3. EFFECTIVE DATE 4. RECUISITION/PURCHASE REG. N0. 5. PROJECT N0.
(If applicable)
6 10!01198 9/5010/1502
14. DESCRIPTIOIi OF AMENDMENT/MODIFICATION tOrgan9zad W UCF section neaaings, inctuoing so~icitation~contract
subject muter where feasible.) - CONTINUATION
Effective as of the date in Block 3 of this modification.
STANDARD FORM 30 - CONTINUATION
5
Contract No. 7/5010/0145
Modification No. 6
Page 3 of 4
OPTION PERIOD II
~I.ti`I
0301 Processing and resolving, at a price of $500 $ 25500
per charge, ~ Title VII, ADEA, and ADA charges.
Each charge must have been filed since October 1, 1994,
and resolved in accordance with a Charge Resolution Plan,
if applicable.
0302 Provide Intake Services for ~,Q charges, with $ 1,000
affidavits, filed during the period October 1,
1998 to September 30, 1999, at a price of $50
per charge.
0303 Travel and other costs related to attendance and provision $ 1 ~~
of EEOC sponsored training.
TOTAL CONTRACT PRICE (OPTION PERIOD In: $ 27,00
The accounting and appropriation data is as follows:
9/5010/22/4116 - $?~.~ OBLIGATE
9/5010/ 19/4116 - $ 1000 OBLIGATE
9/5010/08/4106 - $ 1 "200 OBLIGATE
Section F -PERIOD OF PERFORMANCE. The period of performance is hereby extended
as stated in Section F, Paragraph F.1.
As a result of this modification, the total contract price is increased by $ 27,700
from ~ 32,376.95 to a new total of 560,076.95.
6
Contrail No. 7/5010/0145
Mod cation No. 6
Page 4 of 4
II. In addition, the following an changes to the contract:
Section C -
Replace Pages C-1 through C-5 with the attached Pages C-1 through C-5.
Section E -INSPECTION A -CEPT NCF
Replace Page E-1 with the attached Page E-1.
Section F - D iVFRTRC OR P FO MANC'F
Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2.
Section G -CONTRACT AT~MIl~IISTR4TION DATA
Replace Page G-1 with the attached Page G-1.
Section H -SPECIAL CONTRACT RF[2ilTRFMFrrrC
Replace Page H-3 with the attached Page H-3.
Section 7 -LIST OF ATTACHN~1'i'S
Incorporate Worksharing Agreement for Option II as Attachment D.
Except as stated above, all other terms and conditions for the contract gain
unchanged.
WORKSHARING AGREEMENT
BETWEEN
ORANGE COUNTY
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FOR FISCAL YEAR 1999
I. INTRODUCTION
A. Orange County, through the Orange County Human Relations
Commission, hereinafter referred to as the FEPA, has
jurisdiction over allegations of employment discrimination
filed against employers of fifteen or more employees occurring
within Orange County North Carolina based on race, color, sex,
religion, national origin, age and disability, pursuant to the
Orange County Civil Rights Ordinance.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States where such charges are based on zace, color, religion,
sex, or national origin, all pursuant to Title VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §2000(e))
(hereinafter referred to as Title VII)._ EEOC has jurisdiction
to investigate and determine charges of discrimination based
on age (40 or older) under the Age Discrimination in
Employment Act (AREA) of 1967, as amended (29 U.S.C. §621
et.seq.), for unequal wages based on-sex under the Equal Pay
Act of 1963 (29 U.S..C. §206), and over allegations of
employment discrimination based on disability pursuant to
Title I of the Americans with Disabilities Act of 1991,(42
U.S.C. §12101).
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and in
consideration of the mutual promises and covenants
contained herein, the FEPA and the EEOC hereby agree to
the terms of this Worksharing Agreement, which is
designed to provide individuals with an efficient
procedure for obtaining redress for their grievances
under appropriate county and Federal_laws.
II. FILING OF CHARGES OF DISCRIMINATION
A. In order to facilitate the assertion of employment
rights, the EEOC and the FEPA each designate the other as
its agent for the purpose of receiving and drafting
charges, including those that are not jurisdictional with
the agency that initially receives the charges. EEOC's
8
receipt of charges on the FEPA's behalf will
automatically initiate the proceedings of both EEOC and
the FEPA for the purcoses of Section 706(c) and (e)(1) of
Title VII. This delegation of authority to receive
charges does not include the right of one Agency to
determine the jurisdiction of the other Agency over a
charge. Charges can be transferred from one agency to
another in accordance with the terms of this agreement or
by other mutual agreement.
e. The FEPA shall take all charges alleging a violation of
Title VII, AREA, EPA, or the ADA where both the FEPA and
EEOC have mutual jurisdiction or where EEOC only has
jurisdiction, so long as the allegations meet the minimum
requirements of those Acts, and for charges specified in
Section III.A.1. below, refer them to the EEOC for
initial processing.
C. Each Agency will inform individuals of their rights to
file charges directly with the other Agency and or .assist
nay person alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
EEOC and Orange County Human Relations Commission within
the framework of a mutually agreeable system. Each
agency will advise Charging Parties that charges will be
resolved by the agency taking the charge except when the
agency taking the charge lacks jurisdiction or when the
charge is to be transferred in accordance with Section
III (DIVISION OF INITIAL CHARGE-PROCESSING
RESPONSIBILITIES).
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 for alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. When a charge is taken
based on disability, the nature of the disability shall
not be disclosed on the face of the charge.
E. Within ten calendar days, each Agency agrees that it will
notify both the Charging Party and Respondent of the
dual-filed nature of each such charge it receives for
initial processing and explain the rights and
responsibilities of the parties under the applicable
Federal, State, or Local statutes.
III. DIVISION OF INITIAL CdARGE-PROCESSING RESFCNSIBILITIES
In recognition of the statutory authority granted to the FEPA
by Section 706(c) and 706(d) of Title VII as amended; and by
Title I of the Americans with Disabilities Act, and the
transmittal of charges of age discrimination pursuant to the
Age Discrimination in. Employment Act of 1967, the primary
responsibility for resolving charges between the FEPA and the
EEOC will be divided as follows:
A. EEOC and the FEPA will process all Title VII, ADA, and
ADEA charges that they originally receive•
1. For charges originally received by the EEOC and/or
to be initially processed by the EEOC, the FEPA
waives its right of exclusive jurisdiction to
initially process such charges for a period of 60
days for the purpose of allowing the EEOC to
proceed immediately with the processing of such
charges before the 61st day.
In addition, the EEOC will initially process the
following charges:
-- All Title VII, ADA, and concurrent Title VII/ADA
charges jurisdictional with the FEPA and received
by the FEPA 240 days or more after the date of
violation;
-- All Concurrent Title VII/EPA charges;
-- All charges against the FEPA or its parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
-- All charges filed by EEOC Commissioners;
- Charges also covered by the Immigration Reform
and Control Act;
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance
Programs, or Federal fund-granting agencies under
29 CFR §.1640, 1641, and 1691.
--Any charge where EEOC is a party to a
Conciliation Agreement or a Consent 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;
10
-- Any charge alleging retaliatior. for filing a
charge with EEOC or for cocperating with EEOC; and
- All charges against Respondents whica are
designated for initial. processing by the EECC in a
supplementary memorandum to this Agreement.
a. The FEPA will initially process the following types
of charges:
-- Any charge alleging retaliation for filing a
charge with the FEPA or cooperating with the FEPA;
- Any charge where the FEPA is a party to a
Conciliation Agreement yr a Consent Decree which,
uper. mutual consultation and agreement, is relevant
to the disposition of the charge. The FEPA will
provide the EEOC with an on-going list c: all
Conciliation Agreements and Consent Deczees which
have features relevant to the disposition of
subsequent charges;
-- All charges which allege more than one basis of
discrimination where at least one basis is not
covered by the laws administered by EEOC cut is
covered by the FEPA Ordinance, or where E=OC is
mandated by federal court decision or by in;.ernal
administrative EEOC policy•to dismiss the charge,
but FEPA can process that charge.
-- All charges against Respondents which are
designated for initial prccessing by FEPA in a
supplementary memorandum to this Agreement; and
-- All disability-based charges against Respondents
over which EEOC does not have jurisdiction.
B. Notwithstanding any other provision of the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge. Such variations shall not
be inconsistent with the objectives of this worksharing
Agreement or the Contracting Principles.
C. Each Agency will on a quarterly basis notify the other of
all cases in litigation and will notify each other when
a new suit is filed. As charges are received by one
Agency against a Respondent on the other Agency's
litigation list, a copy of the new charge will be sent to
the other Agency's litigation unit within~,ive working
days.
11
IV. E~CCHANGE OF INFORMATION
A. Both the FEPA and EEOC shall make available for
inspection and copying to appropriate officials from the
other Agency any information which may assist each Agency
in carrying out its responsibilities. Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract. The Agency accepting
information agrees to comply' with any confidentiality
requirements imposed on the agency providing the
information. With respect to all information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title VII, ADEA, EPA, and ADA.
B. In order to expedite the resolution of charges or
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany or to observe its personnel when processing a
charge.
V. RESOLUTION OF CHARGES
A. Both agencies will adhere to the procedures set out in
EEOC's Order 9I6, Substantial Weight Review Manual, and
the State and Local Handbook.
B. For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance
with alI terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
12
C. In order to be eligible for contract credit and/or
payment, submissions must r..eet all the substantive and
administrative requirements as stipulated in the
Contracting Principles.
D. For the purposes of determining eligibility for contract
payment, a final action is defined as the point after
which the charging party has no administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VI. IMPLEMENTATION OF TIC i~ORKSHARIN3 AGREEMENT
A. Each agency will designate a person as liaison official
for the other age.-:cy to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Albert Kittrell, Acting Director. The
liaison official .or the EECC will be Patricia B. Monroe,
State and Local Coordinator.
B. The agencies will. monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement. Where it appears that the cverall projection
appears inappropriate, the appropriate portions of this
Agreement will be modified to ensure full utilization of
the investigatio:: and resolution capacities of the FEPA
and rapid redress for allega:.ions~of unlawful employment
discrimination.
C. EEOC will provide original forms to be copied by the
FEPA, in accordance with the Regulations and the
Compliance Manual to be used by the FEPAs in
correspondence with Charging Parties and Respondents.
D. If a dispute regarding the implementation or application
of this agreement cannot be resolved by the FEPA and
District Office Director, the issues will be reduced to
writing by both parties and forwarded to the Director of
the Office of Program Operations for resolution.
E. This Agreement shall operate from the first (1st) day of
October 1998 to the thirtieth (30th) day of September in
the year the contract ends and may be renewed or modified
by mutual consent of the parties.
13
I have read the toregofrvq xerkshsrinq Agreemient and I accept and
agrse to the provisions eonCiJ-ried therein. _
os p. ~et3aq aLS iat oisseter
iniployea-t stuaicY Ce~n-issioa
Ia~te Distria o[iace
arga~ts Ssowci. ckalspezeou
orsage Cory Sc~3rd a~ COarnieaioaers
t
+ .. ~
'~ RETURN THIS COPY TO THE CLERK'S
- OFFICE. FOR THE PERMANENT AGENDA FILE
3.3-99 f~gF
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT I . 1.Vn I RNL I iu cuue rAtit OF PAGES
1 4
2. AMENDMENT/MODIFICATION N0. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE RED. N0. 5. PROJECT N0.
6 10/01/98 9/5010/1502 (If applicable)
6. ISSUED BY CODE LNL 7. ADMINISTERED BY CODE
EQUAL EMPLOYMENT OPPORTUNITY COMM (If other than Item 6)
.
PROCUREMENT MANAGEMENT DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMIS
1801 L STREET, N.W. ROOM 2505 CHARLOTTE DISTRICT OFFICE
WASHINGTON, DC 2050! 129 WEST TRADE STREET, SUITE 400
CHARLOTTE, NC 28202
8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION N0.
ORANGE COUNTY HUMAN RELATIONS COMMISSION
110 SOUTH CHURCHTON STREET `~~
``
P.O. BOX 8181 9B. DATED (SEE ITEM 11)
HILLSBOROUGH, NC 27278 ~
10A. MODIFICATION OF CONTRACT/ORDER N0.
® X
~ 7/5010/0145
10B. DATED (SEE ITEM 13)
CODE FactitTV rnnc 04/07/97
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
^ The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of
Ofters ^ is extended, ^ is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and
date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15,
and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the
offer submitted or-(c) By separate letter or telegram which includes a reference to the solicitation and amendment
numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE
HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change
an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes
reference to the solicitatton and this amendment, and is received prior to the opening hour and date specified.
12. ACCOUNTING AND APPROPRIATION DATA (If required)
SEE PAGE 3 FOR ACCOUNTING AND APPROPRIATION DATA
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER N0. AS DESCRIBED IN ITEM 14.
A. THIS CHANGE ORDER IS ISSUED PURSUANT T0: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN
THE CONTRACT ORDER N0. IN ITEM 10A.
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying
office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
X
HER (Specify type of modification and authority)
CLAUSE H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT.
E. IMPORTANT: Contractor L:1 is not, ~ is required to sign this document and return copies to the
issuing office.
14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract
subject matter where feasible.)
PURPOSE: EXERCISE OPTION II
Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the
Government hereby exercises Option Year 2 to extend contract performance for a
period of nine (9) months commencing October 1, 1998 to June 15, 1999. The
contract will be modified to extend the period of performance from June 16,
1999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can only
spend funds from October 1, 1998 to June 15, 1999.
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore
changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTR TING 0 ICER (Type or print)
Alice M. Gordon, Chair JE~REY IN ROFE CEL
156. CON R T /OF ROR C. DATE SIGNED 16B. N T ATE 0 A ICA 16C,. D'A'TE -S NE ,
q~~Y~1 ~ /~ p BY ~ C
(Si nature of erson author- ized t~ n) 3/ ~/r / ( ure of Contractin ffice )
NSN 7540-01-152-8070 30-105 ST ARD FORM 30 (REV. 10-83)
PREVIOUS EDITION UNUSABLE Prescribed by GSA
FAR (48 CFR) 53.243
1. CONTRACT ID CODE PAGE N0.
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
2
2. AMENDMENT/MODIFICATION N0. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE RED. N0. 5. PROJECT N0.
(If applicable)
6 10/01/98 9/5010/1502
Iv. UCJLK1YIlUN ur AMtNUMtNI/Mt)D1FICATION (Organized by UCF section headings, including solicitation/contract
subject matter where feasible.) - CONTINUATION
Effective as of the date in Block 3 of this modification.
STANDARD FORM 30 - CONTINUATION
Contract No. 7/5010/0145
Modification No. 6
Page 3 of 4
OPTIOl\T PERIOD II
0301 Processing and resolving, at a price of $500 $ 25,00
per charge, 5 ~ Title VII, ADEA, and ADA charges.
Each charge must have been filed since October 1, 1994,
and resolved in accordance with a Charge Resolution Plan,
if applicable.
0302 Provide Intake Services for ~ charges, with $ 1,000
affidavits, filed during the period October 1,
1998 to September 30, 1999, at a price of $50
per charge.
0303 Travel and other costs related to attendance and provision $ 1,200
of EEOC sponsored training.
TOTAL CONTRACT PRICE (OPTION PERIOD In: $ 7 7
The accounting and appropriation data is as follows:
9/5010/22/4116 - $ 25,500 OBLIGATE
9/5010/19/4116 - $ 1,000 OBLIGATE
9/5010/08/4106 - $ 1,200 OBLIGATE
Section F -PERIOD OF PERFORMANCE. The period of performance is hereby extended
as stated in Section F, Paragraph F. L
As a result of this modification, the total contract price is increased by $$ 27.7QQ
from $ 32,376.95 to a new total of $60,076.95.
Contract No. 7/5010/0145
Modification No. 6
Page 4 of 4
IL In addition, the following are changes to the contract:
Section C -DESCRIPTION/SPEC./WORK STATEMENT
Replace Pages C-1 through C-5 with the attached Pages C-1 through C-5.
Section E -INSPECTION AND ACCEPTANCE
Replace Page E-1 with the attached Page E-l.
Section F -DELIVERIES OR PERFORMANCE
Replace Pages F-1 and F-2 with the attached Pages F-1 and F-2.
Section G -CONTRACT ADMINISTRATION DATA
Replace Page G-1 with the attached Page G-1.
Section H -SPECIAL CONTRACT REQUIREMENTS
Replace Page H-3 with the attached Page H-3.
Section J -LIST OF ATTACHMENTS
Incorporate Worksharing Agreement for Option II as Attachment D.
Except as stated above, all other terms and conditions for the contract remain
unchanged.
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION C -DESCRIPTION/SPEC./WORK STATEMENT
I. Background
R. There is an acknowledged need to ensure the employment rights o'fi individuals granted
by Federal, State and local anti-discrimination laws, and,
The Equal Employment Opportunity Commission (EEOC) is authorized by statute to
utilize the services of State and Local Fair Employment Practices (FEP) Agencies to
assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of
1964, as amended, the Age Discrimination in Employment Act of 1967, as amended,
and, the Americans with Disabilities Act, and,
B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate
to establish an integrated system for more expeditious resolution of employment
discrimination charges, has committed itself to continued development and
enhancement of such a system in partnership with the FEP Agency, hereinafter
referred to as the Contractor.
I1. Scope of Work
A. The Contractor agrees to cooperate with the Equal Employment Opportunity
Commission in the maintenance and enhancement of a national, integrated
employment discrimination haw enforcement and charge resolution system by
accomplishing various objectives which include, but are not limited to, the following:
1 . Implementation by the Contractor of procedures that provide for
professionalized intake of all charges the FEPA initially receives, prompt
notification to respondents, resolution of charges on a current basis,
determinations supported by evidence, and resolutions with remedies;
2. The training of Contractor personnel in charge processing procedures
compatible with those of the EEOC;
3. Utilization by the Contractor of an employment discrimination charge form
which, within statutory limitations, is acceptable to the EEOC and the
Contractor;
4. Utilization by the Contractor of processing terminology (such as common
language pertaining to types of resolutions) that is the same as or compatible
with that utiliied by the EEOC;
C-1
5. The development and maintenance of a system to ensure that EEOC and the
Contractor maintain compatible procedural and substantive standards; and
6. The identification by the Contractor and EEOC of legislative changes that may
be appropriate for the establishment of integrated and efficient charge
processing systems.
7. Utilization of an effective case management system, and, a~ applicable,
adherence to a Charge Resolution Plan that:
a. enhances quality and efficiency in the Contractor's charge resolution
systems;
b. establishes annual charge resolution objectives and provides mechanisms
for fixing accountability and measuring progress toward those
objectives;
c. develops procedures and processes designed to reduce inventories of
dual-filed charges that will ensure maintenarce of a charge inventory of
less than 365 days; and
d. ensures that quality standards are met and are commensurate with
EEOC's policies and statutory responsibilities:
B. The Contractor further agrees that when agreement on implementation of any of the
above mentioned items is reached, the details of such an agreement shall be reflected
in a Worksharing Agreement whose 2ffective date will run consistent with the
effective dates of this contract. Upon execution, the Worksharing Agreement dated
October 13, 1998 , is herein incorporated by reference into this contract.
C. It is understood and expressly agreed to by both parties to this contract that, as a
condition to the maintenance of this contract, the executed Worksharing Agreement
between the Contractor and EEOC provide that once EEOC or the Contractor has been
designated to process the charge, the other shall refrain from processing the charge
pending completion by the initial processor to minimize duplication of effort.
C-2
D. It is further understood and expressly agreed to by both parties to this contract that,
as a condition to the maintenance of this contract, the Contractor shall:
Implement in cooperation with EEOC, a system which permits each party to
perform various functions on behalf of the' other, among other things, _
accepting charges for each other, within such statutory limits as may exist;
and
2. Commit itself to maintenance of effort. It is the intention of the EEOC to
purchase services from the Contractor. Therefore, should the Contractor or
the governmental body which provides its funds reduce the Contractor's
resources in anticipation of or as a result of EEOC contract funds, the EEOC
may consider any reduction in the Contractor's funding from its funding
source, restriction placed on the use of its funds, or changes in the
Contractor's operating procedures or regulations which impact on its ability to
perform under its contract, as a material breach of this contract requiring the
Contractor to return all or a portion of the funds provided by the EEOC under
this contract.
E. It is understood and expressly agreed to by both parties to this contract that all
provisions ~f the EEOC's Contracting Principles for State and Local FEP Agencies for
Fscal Year 1999 adopted by the Commission on August 27, 1998 are incorporated in
their entirety into this contract.
III. Statement of Work
A. Processing of Charges -Title VII Charges, and/or ADEA Charges (if applicablel, and/or
ADA Charges (if applicable)
1. The Contractor agrees, for the prices stated in Section B, to process individual
charges of employment discrimination exclusive of any charge processing
resulting from other contracts for the resolution of charges that may be in
effect between the Contractor and the EEOC during the term of this contract.
2. The Contract Monitor shall be responsible for transmitting charges initially
received by EEOC to the Contractor. The Contractor further agrees that the
charges submitted to EEOC for contract credit review shall include, but not be
limited to, no cause findings, successful settlements, successful conciliations,
administrative resolutions,. final orders issued following and pursuant to
administrative hearings and litigation. No contract credit will be awarded by
EEOC for resolutions by the Contractor based on no jurisdiction (except in
cases where an investigation is actually required to determine jurisdiction) or
resolutions based on the charging party's failure to establish a bona fide
charge.
C-3
All charges submitted for credit under this contract shall be completed by the
Contractor between October 1, 1998 and September 30, 1999, as follows:
a. All charges will be evaluated and determinations made in accordance
with the theories of discrimination in employment as developed under
Title VII of the Civil Rights Act of 1964, as amended the Age
Discrimination in Employment Act of 1967, as amended, and the
Americans with Disabilities Act, as appropriate.
b. Investigation and resolution of individual charges pursuant to this
contract shall be conducted in a mariner designed to-effectuate relief for
the charging party and shall be carried out as expeditiously as possible.
c. All final actions, litigation and intake services for which payment is
requested under this contract will be processed and awarded contract
credit, in compliance with EEOC Order 916 for the new State and Local
Handbook when issued), the ADA Technical Assistance Manual for ADA
charges, and the Worksharing Agreement.
d. Contract credit submissions will include final dispositions of charges (i.e.
final actions). When administrative appeal rights exist, the final
disposition of a charge occurs only after the time for appeal has expired
or the appeal has been processed to completion. In cases where the
administrative appeal has been processed, the date of the notice of the
final result of the appeal is the. operative date. This applies in all cases
where an administrative appeal is provided, whether the case is
administratively resolved, dismissed, decided, or when no cause is
found. For Title VII charges only, the fifteen day period during which
Substantial Weight Review may be requested and/or the period during
which a Substantial 1N~eight Review is conducted is not considered for
the purposes of computing the operative date of the final disposition of a
charge.
e. Contract credit submissions that are not final dispositions will include:
1) Charges to be litigated by the Contractor where EEOC receives copies
of the complaints bearing confirmation of the filing dates with the Court,
or other appropriate official confirmation of the filing dates of the
complaints; 2) Certain types of charges that must be transferred to the
EEOC that are not final actions by the Contractor, as specified in EEOC
Order 916 (or the new State and Local Handbook when issued!; and 3-
Intake services by the Contractor where EEOC accepts for processing a
charge initially filed but not jurisdictional with the Contractor, or any
other FEP Agency, and for which the Contractor has prepared all charge
intake documentation, including a complete affidavit, as required by the
EEOC. In addition, contract credit for intake services will be given when
EEOC accepts for processing a charge initially filed with but not
jurisdictional with the Contractor, and the Contract Monitor determines
and justifies that there is a need to service charging parties who live at
great distances from an EEOC or State FEP Agency office.
C-4
Charge resolutions submitted for contract credit pursuant to th,s contract
will be identified by the Contractor by timely and accurate data entries
on the FEPA Charge Data System, if applicable. Where the Contractor is
not on the FEPA CDS, charge resolutions submitted for credit pursuant
to this contract will be designated in a monthly status report from the
Contractor to the Contract Monitor.
g. All charges will be processed by the Contractor in accordance with the
Contractor's applicable State or Local Law.
h. Contract credit will not be a{lowed for any charge suh~eci to a
processing fee. If such a fee is imposed or implemented during the
- period of the contract, the contract may be terminated in accordance
with Clause 52.249-4, Termination for Convenience of the Government.
4. In order to ensure consistent levels of productivity toward established results,
the contract monitor will review production on a quarterly basis. The
Contractor is expected to submit for contract credit approximately one-fourth
of the total charge resolutions required under the contract each quarter.
C-5
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION E -INSPECTION AND ACCEPTANCE
E.1 INSPECTION AND ACCEPTANCE
Inspection and Acceptance shall be made by the Contract Monitor or his/her designee on
behalf of the Director, Office of Field Programs, Equal Employment Opportunity Commission.
Inspection and Acceptance shall be made pursuant to the standards set forth in EEOC's
Compliance Manual and in the applicable section(s) of EEOC Order 916 (or the new State and
Local Handbook when issued).
The Contract Monitor will ensure that the Contractor maintains performance
that is consistent with the criteria and requirements contained herein, as well as
in the Substantial Weight Review Procedures and Worksharing Agreements.
EEOC Headquarters will conduct an on-site evaluation of the investigative and
administrative charge processing procedures of the Contractor as needed.
Accordingly, the Contractor is expected to comply with reasonable requests for
providing and/or making available information concerning various aspects of
their processes and procedures as they relate to or impact on the management
and disposition of the dual-filed inventory. Such information includes but is not
limited to staffing information, case management printouts, charge processing
documentation, and any other material and data as may be related and/or apply
to the processing of dual-filed charges or administration of the contract.
E.2 NOTICE: The following solicitation provisions and/or contract clauses pertinent to this
section are hereby incorporated by reference:
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 11 CLAUSES
52.246-4 INSPECTION OF SERVICES -FIXED PRICE (AUG 1996)
E-1
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION F -DELIVERIES OR PERFORMANCE
F.1 PERI~f~ ElF 1~RRMAt~GE
Performance under this contract shall begin on October 1, 1998 through June 15, 1999.
The Government will unilaterally modify the contract to extend the period ~f perf. ormance
beyond June 15, 1999 to the end of the period of performance. (See Clause H.10, "Option
to Extend the Term of the Contract.")
F.2 TIMF OF"DELIVERYlDELiV€RABL~S
A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS):
The contractor must make accurate and timely charge data entries in the FEPA CDS,
and is responsible for ensuring that all appropriate charge information is available for
extraction by the Collection Manager in a timely manner. Charge resolutions submitted
for contract credit review will not be accepted for payment if it is determined that any
required data entry has not been made by the FEPA. A determination not to award
contract credit made may be reversed under the procedures set forth in Section
II.B.5.a. of the FY 1999 Contracting Principles.
2. In addition, in order for a charge to be eligible for contract credit, basic charge data
must be entered into the FEPA CDS within five days of the Contractor's receipt of
each charge as set forth in Section 11. B.5.a of the FY 1999 Contracting Principles.
3. In order to meet the requirement in the FY 1999 Contracting Principles at Section
II.B.2. that the Contractor shall provide EEOC with a list of final actions within a
timeframe agreed upon by the Contract Monitor and the Contractor, but usually no
later than 30 days after the resolution of each charge, the Contractor must ensure the
timely and accurate entry of data into the FEPA CDS. The Contractor Monitor, will
generate charge data lists and reports through the FEPA CDS to verify that this
requirement is being met throughout the term of this contract.
4. The Contractor will enter all charge data for contract credit submissions through each
quarter not later than the 8th calendar day of the month following each quarter.
F-1
B. Where the Contractor is not on the FEPA COS:
The Contractor shall submit quarterly contract production reports to the Contract
Monitor for review. The quarterly reports shall consist of EEOC Forms 322 and 472.
Upon award of the contract, the quarterly reports must be received by the Contract
Monitor not later than the 8th calendar day of the month following each quarter.
2. Separately, the Contractor shall furnis:~ to the Office of Field Programs, Field
Management Programs and State and local Programs, Washington, D_C., written
reports as may be expressly required by either of those units.
' 3. The Contractor shall provide EEOC with a list of charge resolutions with respect to
dual-filed charges within a timeframe agreed upon with the Contract Monitor, but no
later than thirty days after the charge resolution dates. The lists of charge resolutions
will be provided on the EEOC Form 472. After receipt of the lists, if requested by the
Contract Monitor, the Contractor will forward ail charge file information, or a copy of
such information, within five workdays of the requests. The EEOC Contract Monitor
may extend or reasonably al*.er the five-day time frame as deemed necessary and
appropriate. (For non-certified Contractors, file information must be submitted within
five days of submission of the Form 472/resolution listing unless the timeframe is
extended or otherwise modified by the Contractor Monitor.) Failure to timely submit
reports and charge file information will result in the denial of contract credit for the
affected resolutions.
4. The Contractor must make timely and accurate submission to EEOC of EEOC Form
322, FEP Agency -Performance Report, and EEOC Form 472 FEP Agency Charge list.
All reports covering the first three quarters of the FY 1999 contract must be received
by EEOC prior to September 30, 1999.
F-2
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
UNIFORM CONTRACT FORMAT
SECTION G -CONTRACT ADMINISTRATION DATA
Contracting Officer
Contract Specialist
Inspection and Acceptance
Accounting and Appropriation Data
Contract Monitor (CM)
Jeffrey A. Rosenfeld
Lachon N. Langham
EEOC -Contract Specialist
Telephone: (202) 663-4220
See Section E of the Schedule
See Block 14 of Page 1, SF-26
Joseph Doherty, Acting Director
Charlotte District Office
Telephone: (704) 344-6682
Paying Office 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
Telephone: (202) 663-4801
G.1 CONTRACTING OFFICER
Notwithstanding any of the provisions of this contract, the Contracting Officer shall be
the only individual authorized to amend or modify any of the terms of the contract or
redirect the efforts of the Contractor.
G.2 CONTRACT MONITOR (CM)
The Equal Employment Opportunity Commission's District Director listed above is the
Contract Monitor (CM) in connection with the performance of this contract. The CM
shall monitor the contract for the Director, Office of Field Programs and provide the
Contractor with technical guidance. Technical guidance shall mean filling in the details
or otherwise explaining the scope of work and the requirements set forth in the
contract. It is intended that the details or suggestions furnished shall not constitute any
changes in terms and conditions of the contract. The CM has the responsibility for
monitoring and evaluating all phases of the Contractor's performance in order to
determine compliance with the technical requirements of the contract.
G-1
The Contractor is expected to reconcile its data base with EEOC's data base as
necessary and appropriate. If significant discrepancies occur and cannot be
eliminated through a routine reconciliation, EEOC may request a hard inventory of
the Contractor's charge inventory. Such hard inventory must be conducted in
accordance with guidelines prescribed by the EEOC.
~, H.1 o O?~''~'1..~'?1~~`Q~'lwltlll~:~`Hl~<'t:l~i{t1<:4 <::: <:::.:: ~~: ~ : > :::: `.:;:::::
This contract is renewable at the prices stated elsewhere in the contract, at the
option of the Government, by the Contracting Officer giving written notice of
renewal to the contractor by the first day of each Government fiscal year, provided,
that the Contracting Officer shall have given preliminary notice of the Government's
intention to renew at least 60 days before this contract is to expire. Such a
preliminary notice of intent to renew shall not be deemed to commit the
Government to renewals. If the Government exercises this option for the renewal,
the contract as renewed shall be deemed to include this option provision. However,
the total duration of this contract, including the exercise of any options under this
clause, shall not exceed 36 months.
Base Period -October 1, 1996 through September 30, 1997
Option Period I -October 1, 1997 through September 30, 1998
Option Period II -October 1, 1998 through June 15, 1999
The contract will be modified to extend the period of performance from June 16,
1999 to September 30, 1999. Due to EEOC's annual appropriation, EEOC can
only spend funds from October 1, 1998 to June 15, 1999.
~.
H-3
' SEC-14-98 14:34 T04 344 6734 P.02 R-750 Job-275
12/14/98 ~SO~ 14:28 F~ 704 a44 67x4 CH.~1R DIST OFFICE 1~j002
WORKSHARING AGREE:KENT
BETWEEN
ORANGE COUNTY
and the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSXON
FOR FISCAL YEAR 1999
I. INTRODUCTION
A. Orange County, through the Orange County Human Relations
Commission, hereinafter referred to as the FEPA, has
jurisdiction over allegations of employment discrimination
filed against employers of fifteen or more employees occurring
within Orange County North Carolina based on race, color, sex,
religion, national origin, age and disability, pursuant to the
Orange County Civil Rights Ordinance.
The Equal Employment Opportunity Commission, hereinafter
referred to as EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United
States whez'e such charges are based on race, color, religion,
sex, or national origin, all pursuant to Title VII of the
Civil Rights Act of 1964, as amended (42 U.S.C. §2000(e))
(hereinafter referred to as Title VII). EEOC has jurisdiction
to investigate and determine charges of discrimination based
on age (40 or older) under the Age Discrimination in
Employment Act (AREA) 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. §1a1o1) .
B. In recognition of, and to the extent of the common
jurisdiction and goals of the two (2) Agencies, and in
consideration of the mutual promises and covenants
contained herein, the FEPA and the EEOC hereby agree to
the terms of this Worksharing Agreement, which is
designed to provide individuals with an efficient
procedure for obtaining redress for their grievances
under appropriate county and Federal laws.
II. FILING OF CHARGES OF DISCRIMINAxzON
A. In order to facilitate the assertion of emplayment
rights, the EEOC and the FEPA each designate the other as
its agent for the purpose of zeceiving and drafting
charges, including those that are not jurisdictional with
the agency that initially receives the charges. EEOC's
.DEC-id-98 14:34 704 344 6734
12/1~3~98 ]IOti 14:28 F.~% 704 344 6734
P 03
CH.~R DIST OFFICE
R-750 Job-275
receipt of charges on the FEpA's behalf will
automatically initiate the proceedings of both EEOC and
the FEPA for the purposes of Section '706 (c) and (e) (I) 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 £rom one agency to
another in accordance with the terms of this agreement or
by other mutual agreement.
B. The FEPA shall take all charges alleging a violation of
Title VII, AREA, EPA, or the ADA where both the FEPA and
EEOC have mutual jurisdiction or where EEOC only has
jurisdiction, so long as the allegations meet the minimum
requirements of those Acts, and for charges specified in
Section III.A.1. below, refer them tv 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 alleging employment discrimination to draft a
charge in a manner which will satisfy the requirements of
both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it
resolves the charge. Charges may be transferred between
EEOC and Orange County Human Relations Commission within
the framework of a mutually agreeable system. Each
agency will advise Charging Parties that charges will be
resolved by the agency taking the charge except when the
agency taking the charge lacks jurisdiction or when the
charge is to be transferred in accordance with Section
III (DIVISION OF YNTTIAL CHARGE-PROCESSING
RESPONSIBILITIES}. '
D. For charges that are to be dual-filed, each Agency will
use EEOC Charge Form 5 (vr alternatively, an employment
discrimination charge form which within statutory
limitations, is acceptable in form and content to EEOC
and the FEPA) to draft charges. When a charge is taken
based on disability, the nature of the disability shall
not be disclosed on the face of the charge.
E. Within ten calendar days, each Agency agrees that it will
notify both the Charging Party and Respondent of the
dual-filed nature of each such charge it receives for
initial processing and explain tha rights and
responsibilities of the parties under the applicable
Federal, State, or'Local statutes.
003
'DEC-14-96 14:34 704 344 6734 P 04 R-750 Job-275
12/14."98 ~fOti 14:28 FA% 704 X44 6754 CHAR DIST OFFICE
IYI. DIVISION OF INITIAL CHARGE-PROCESSING RESPCNSIBILITZES
In recognition of the statutory authority granted to the FE?A
by Section 706(c) and 706(d) of Title vII as amended; and by
Title I of the Americans with Disabilities Act, and the
transmittal of charges of age discrimination pursuant to tha
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 VxI, ADA, and
. AREA charges that they originally receive:
1. For charges originally received by the EEOC and/or
to be initially processed by the E$OC, the FEPA
waives its right of exclusive jurisdiction to
initially process such charges faz a period of 60
days for the purpose of allowing the EECC 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 V22, RDA, 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 parent
organization where such parent organization
exercises direct or indirect control over the
charge decision making process;
-- All charges filed by EEOC Commissioners;
-- Charges also covered by the Immigration Reform
and Control Act;
-- Complaints referred to EEOC by the Department of
Justice, Office of Federal Contract Compliance
Programs, or Federal Eund-granting agencies under
29 CFR § 164Q, 1641, and 1691.
-Any charge where EEQC i.s 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;
X004
=DEC-14-98 14:34 704 344 6734
'12/i4/98 3i0ti 14:29 F.9% 704 344 6734
P 05 R-750 Job-275
CHAR DIST OFFICE
-- Any charge alleging retaliation for fil:.ng a
charge with EEOC or for cocoerating with EEOC; and
All charges against Respondents which are
designated for initial. processing by the EEOC in a
. supplementary memoz•andum 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 Agreement or a Consen~ Decree which,
upon mutual, consultation and agreement, is re=evant
to the disposition of the charges. The FEPA, will
provide the EEOC with an on-going list c~ all
Conciliation Agreements and Conser_t Decrees which
have features relevant to the disposition of
subsequent charges;
-- All charges which allege more than one bads 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 E=OC is
mandated by federal court decision ox by in~ernal
administrative EEOC policy-to dismiss the charge,
but FEPA can process that charge.
- A17, charges against Respondents which are
designated for initial processing by FEPA in a
supplementarymemorandum to this Agreement; and
-- A11 disability-based chaz•ges against Respondents
over which EEOC does not have jurisdiction.
8. Notwithstanding any other provision o£ the Agreement, the
FEPA or the EEOC may request to be granted the right to
initially process any charge. 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 an the other Agency's
litigation list, a copy of the new charge will be sent~to
the other Agency's litigation unit within five working
days.
005
.DEC-14-98 14:34 T04 344 6T34
12/i4/98 ](OV 14:29 FA% 704 a44 8734
ZV. EXCHANGE OF INFORMATION
CHAR DIST OFFICE
R-T50 Job-2T5
A. Both the FEPA and EEOC shall make available foz
inspection and copying to appropriate officials from the
other Agency any information which may assist each Agency
in carrying out its responsibilities. Such information
shall include, but not necessarily be limited to,
investigative files, conciliation agreements, staffing
information, case management printouts, charge processing
documentation, and any other material and data as may be
related to the processing of dual-filed charges or
administration of the contract. The Agency accepting
information agrees to comply with any confidentiality
requirements imposed on the agency providing the
information. With respect to alI information obtained
from EEOC, the FEPA agrees to observe the confidentiality
provisions of Title vII, AREA, EPA, and ADA.
H. Tn order to expedite the resolution of charges or
facilitate the working of this Agreement, either Agency
may request or permit personnel of the other Agency to
accompany or to observe its personnel when processing a
charge.
V. RESOLUTION OF C~~ARGES
A. Soth agencies will adhere to the. procedures set out in
EEOC's Order 9i6, Substantial Weight Review Manual, and
the State and Local Handbook.
B. For the purpose of according substantial weight to the
FEPA final finding and order, the FEPA must submit to the
EEOC copies of all documents pertinent to conducting a
substantial weight review; the evaluation will be
designed to determine whether the following items have
been addressed in a manner sufficient to satisfy EEOC
requirements; including, but not limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues
alleging personal harm with appropriate
documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance
with all terms of conciliation agreements, orders
after public hearing or consent orders to which the
FEPA is a party.
(~] 0 0 8
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12/14/98 3i0V 14:29 FA% 704 344 674
P.OT
CHAR DIST OFFICE
R-750 Job-275
C. In order to be eligible for contra~z credit and/or
payment, submissions must t;,eet all the substantive and
administrative requirements as stipulated in the
Contracting Principles.
D. For the purposes of determining eligibility for contract
payment, a final action is defined as the point after
which the charging party has nv administrative recourse,
appeal, or other avenue of redress available under
applicable State and Local statutes.
VZ. .IMPLEMENTATION OF THE WORKSHARIN~ AGREEMENT
A. Each agency will designate a pezson as liaison official
for the other agency to contact concerning the day-to-day
implementation for the Agreement. The liaison for the
FEPA will be Albert Kittrell, Acting Director. The
liaison official For the EECC will be Patricia B. Monroe,
State and Local Coordinator.
B. The agencies will. monitor the allocation of charge-
processing responsibilities as set forth in the
Agreement. Where it appears that the overall projection
appears inappropriate, the appropriate portions of this
Agreement will~be modified to ensure full utilization of
the investigatior: and resolution capacities of the FEPA
and rapid redress for allegations-of unlawful employment
discrimination.
C. EEOC will provide original forms to be copied by the
FEPA, in accordance with the Regulations and the
Compliance Manual to be used by the FEPAs in
correspondence with Charging Parties and Respondents.
D. If a dispute regarding the implementation or application
o£ 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 (lstl day of
October 1998 to the thirtieth (30th) day of September in
the year the contract ends and may be renewed or modified
by mutual consent of the parties.
~ 007
.DEC-14-98 14:34 TD4 344 6734 P.08 R-750 Job-275
12/1'4/98 5i0ti 14:30 FAX 704 344 6734 CHAR DIST OFFICE ~j008
I have read the foregoing Worksharing Agreement and I accept and
agree to the provisions contained therein. _
Date ~~ ~~'
ose P.dDoherty, acting Dist~e'icC Director
Employment. opportunity Com~ni.ssion
• rlOtte District Office
Date ,~O -~ -_ ~~
argare Brown, chairperson
Orange County Bc~rd of Commissioners
1. ~ ~ ~ i4p.
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