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HomeMy WebLinkAboutAgenda - 03-17-1998 - 8bORANGE COUNTY BOARD OF COUNTY COMMISSIONERS Action Agenda Item No. 86 ACTION AGENDA ITEM ABSTRACT Meeting Date: March 17,1998 SUBJECT: MODIFICATION TO CONTRACT WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) DEPARTMENT: Human Rights and Relations ATTACHMENT(S): • Correspondence from EEOC • Modification To Contract All items sent under separate cover; original contract provided to BOCC on 10/7/97. -------------------------------------------- PUBLIC HEARING: _ Yes XX No BUDGET AMENDMENT NEEDED _ Yes XX No INFORMATION CONTACT: Oliver Melvin, Ext. 2252 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). BACKGROUND: On October 7, 1997, the Board of Commissioners approved a Worksharing Agreement between Orange County and the EEOC for a period from the first (1 st) day of October, 1997 to the thirtieth (30th) day of September, 1998. On February 26, 1998, EEOC proposed a modification of the original Contract between the parties, originally effective May 2, 1996, to extend said Contract for a period conterminous with the said Agreement and to increase the total Contract price by $21,700 from $11,182.57 to a new total of $32,882.57, said total to be determined by the processing and resolving of 40 charges at a price of $500 per charge; providing intake services for 10 charges and attending EEOC sponsored training for a reimbursement form EEOC of $1,200. RECOMMENDATION(S): The Manager recommends that the Board approve the contract modification and authorize the Chair to sign the contract. U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D.C. 20507 Orange County Human Relations = ^ 2 6 Commission 110 South Churchton Street Hillsborough, NC 27278 Subject: Contract No. 7/5010/0145 Dear Director: Enclosed are four (4) copies of proposed Modification No. 4 of subject contract. In order to expedite the execution of this modification, please return three (3) 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 Raiford, Contract Specialist, on (202) 663 -4220 or me at (202) 663 -4223. Sincerely, 6i ffrer A . osejfe d, ement agem Office of Financial and Enclosures racting Officer Division 'ource Management AMENDMENT OF SOLICITATION /MODIFICATION OF CONTRACT 1 • CONTRACT ID CODE PAGE OF PAGES THE CONTRACT ORDER NO. IN ITEM 10A. 1 I 3 2. AMENDMENT /MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION /PURCHASE REQ. 40. 5. PROJECT N0. 4 10/01/97 8/5010/1501 (if applicable) 6. ISSUED BY CODE LR 7. ADMINISTERED BY CODE (If other than Item 6) EQUAL EMPLOYMENT OPPORTUNITY COMM. PROCUREMENT MANAGEMENT DIVISION EQUAL EMPLOYMENT OPPORTUNITY COMMIS 1801 L STREET , N.W. ROOM 2505 WASHINGTON, ZO50'I CHARLOTTE DISTRICT OFFICE 129 WEST TRADE STREET, SUITE 400 OC CHARLOTTE, NC 28202 8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP code) 9A. AMENDMENT OF SOLICITATION 40. ORANGE COUNTY HUMAN RELATIONS COMMISSION 110 SOUTH CHURCHTON STREET 98. DATED ( SEE ITEM 1 1) HILLS80ROUGH, NC 27278 10A. MODIFICATION OF CONTRACT /ORDER NO. X 7/5010/0145 108. DATED (SEE ITEM 13) 04/07/97 CODE I FACILITY CODE 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 Offers ❑ is extended, ❑ is not extended. Offerors must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods: (a) By completing Items 8 and 15, and returning copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; ar (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO' THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes, . reference to the solicitation and this amendment, and is received prior to the opening hour and date specified. 12. ACCOUNTING AND APPROPRIATION DATA (If required) SEE PAGE 2 FOR ACCOUNTING AND APPROPRIATION DATA 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS /ORDERS, IT MODIFIES THE CONTRACT /ORDER NO. AS DESCRIBED IN ITEM 14. E. IMPORTANT: Contractor ❑ is not, E is required to sign this document and return 3 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT /MODIFICATION (Organized by UCF section headings, including solicitation /contract subject matter where feasible.) PURPOSE: EXERCISE OF OPTION I. Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hereby exercises Option Year 1 to extend contract performance for a period of "welve (12) months commencing October 1, 1997. Effective as of the date in Block 3 of this modification. 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) Margaret Brown Chair. JEFFREY A. ROSENFELD Orange County Commissioners CONTRACTING OFFICER 158. CONTRACTOR /OFFEROR 15C. DATE SIGNED 168. UNITED STATES OF AMERICA 16C. DATE SIGNED (Signature of person authorized to sign) BY (Signature of Contracting Officer) NSN 7540 -01 -152 -8070 PREVIOUS EDITION UNUSABLE 30 -105 STANDARD FORM 30 (REV. 10 -83) Prescribed by GSA FAR (48 CFR) 53.243 A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A. S. 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: 0. OTHER (Specify type of modification and authority) X CLAUSE H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT. E. IMPORTANT: Contractor ❑ is not, E is required to sign this document and return 3 copies to the issuing office. 14. DESCRIPTION OF AMENDMENT /MODIFICATION (Organized by UCF section headings, including solicitation /contract subject matter where feasible.) PURPOSE: EXERCISE OF OPTION I. Pursuant to Clause H.10, OPTION TO EXTEND THE TERM OF THE CONTRACT, the Government hereby exercises Option Year 1 to extend contract performance for a period of "welve (12) months commencing October 1, 1997. Effective as of the date in Block 3 of this modification. 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) Margaret Brown Chair. JEFFREY A. ROSENFELD Orange County Commissioners CONTRACTING OFFICER 158. CONTRACTOR /OFFEROR 15C. DATE SIGNED 168. UNITED STATES OF AMERICA 16C. DATE SIGNED (Signature of person authorized to sign) BY (Signature of Contracting Officer) NSN 7540 -01 -152 -8070 PREVIOUS EDITION UNUSABLE 30 -105 STANDARD FORM 30 (REV. 10 -83) Prescribed by GSA FAR (48 CFR) 53.243 L CLIN Contract No. 7/5010/0145 Modification No. 4 Page 2 of 3 OPTION PERIOD I - October 1, 1997 through September 30, 1998 DESCRIPTION AMOUNT 0201 Processing and resolving, at a price of $500 $ 20,000 per charge, 4L 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 Provide Intake Services for 10 charges, with $ 500 affidavits, filed during the period October 1, 1997 to September 30, 1998, at a price of $50 per charge. 0203 Travel and other costs related to attendance and $ 1,200 provision of EEOC sponsored training. TOTAL CONTRACT PRICE (OPTION PERIOD I): $-2L-Wk The accounting and appropriation data is as follows: 8/5010/22/4116 - $ 20,000 OBLIGATE 8/5010/19/4116 - $ 500 OBLIGATE 8/5010/08/4106 - $ 1 ,200 OBLIGATE SECTION F - PERIOD OF PERFORMANCE. The period of performance is hereby extended from October 1, 1997, through September 30, 1998. As a result of this modification, the total contract price is increased by $ 21,700 from $ 11,182.57 to a new total of $ 32,882.57 . Contract No. 7/5010/0145 Modification No. 4 Page 3 of 3 IL In addition, the following are changes to the contract: Section C - DES TPTiON /SPEC./WORK STATEMENT Replace Pages C -1 through C -5 with the attached Pages C -1 through C -S. Section E - INSPECTION AND ACCEPTANCE Replace Page E -1 with the attached Page E -1. Section F - DRT IVERM -1, OR PERFORMANCE Replace Pages F -1 and F -2 with the attached Pages F -1 and F -2. Section G - CONTRACT ADMINISTRATION DATA Replace Pages G -1 through G -4 with the attached Pages G -1 through G -4. Section H - SPEC AL CONTRACT REQim_?FMNIS, Replace Page H -2 with the attached Page H -2. Section J - LIST OF ATTACFIlN=S Incorporate Worksharing Agreement for Option I as Attachment D. Except as stated above, all other terms and conditions for the contract remain unchanged. U.S. EQUAL EMPCOYMENT-OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION C - DESCRIPTION/SPEC./WORK STATEMENT I. Background A. There is an acknowledged need to ensure the employment rights of individuals granted by Federal, State and Local anti - discrimination laws, and, The Equal Employment Opportunity Commission (EEOC) is authorized by statute to utilize the services of State and Local Fair Employment Practices (FEP) Agencies to assist it in meeting its statutory mandate to enforce Title Vll of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, and, the Americans with Disabilities Act, and, B. The Equal Employment Opportunity Commission, pursuant to Congressional mandate to establish an integrated system for more expeditious resolution of employment discrimination charges, has committed itself to continued development and enhancement of such a system in partnership with the FEP Agency, hereinafter referred to as the Contractor. II. Scope of Work A. The Contractor agrees to cooperate with the Equal Employment Opportunity Commission in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives which include, but are not limited to, the following: 1. Implementation by the Contractor of procedures that provide for prof essionalized intake of all charges the FEPA initially receives, prompt notification to respondents, resolution of charges on a current basis, determinations supported by evidence, and resolutions with remedies; 2. The training of Contractor personnel in charge processing procedures compatible with those of the EEOC; 3. Utilization by the Contractor of an employment discrimination charge form which, within statutory limitations, is acceptable to the EEOC and the Contractor; 4. Utilization by the Contractor of processing terminology (such as common language pertaining to types of resolutions) that is the same as or compatible with that utilized by the EEOC; C -1 oA "r- co, 5. The development and maintenance of a system to enst Contractor maintain compatible procedural and substar 6. The identification by the Contractor and EEOC of legislative changes that may be appropriate for the establishment of integrated and efficient charge processing systems. 7. Utilization of an effective case management system, and, as applicable, adherence to a Charge Resolution Plan that: enhances quality and efficiency in the Contractor's charge resolution systems; b. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives; C. develops procedures and processes designed to reduce inventories of dual -filed charges that will ensure maintenance of a charge inventory of less than 365 days; and d. ensures that quality standards are met and are commensurate with EEOC's policies and statutory responsibilities. B. The Contractor further agrees that when agreement on implementation of any of the above mentioned items is reached, the details of such an agreement shall be reflected in a Worksharing Agreement whose effective date will run consistent with the effective dates of this contract. Upon execution, the Worksharing Agreement dated October 16. 1997. is herein incorporated by reference into this contract. C. It is understood and expressly agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the executed Worksharing Agreement between the Contractor and EEOC provide that once EEOC or the Contractor has been designated to process the charge, the other shall refrain from processing the charge pending completion by the initial processor to minimize duplication of effort. C -2 D. It is further understood and expressly'agreed to by both parties to this contract that, as a condition to the maintenance of this contract, the Contractor shall: 1. Implement in cooperation with EEOC, a system which permits each party to perform various functions on behalf of the other, among other things, accepting charges for each other, within such statutory limits as may exist; and 2. Commit itself to maintenance of effort. It is the intention of the EEOC to purchase services from the Contractor. Therefore, should the Contractor or the governmental body which provides its funds reduce the Contractor's resources in anticipation of or as a result of EEOC contract funds, the EEOC may consider any reduction in the Contractor's funding from its funding source, restriction placed on the use of its funds, or changes in the Contractor's operating procedures or regulations which impact on its ability to perform under its contract, as a material breach of this contract requiring the Contractor to return all or a portion of the funds provided by the EEOC under this contract. E. It is understood and expressly agreed to by both parties to this contract that all provisions of the EEOC's Contracting Principles for State and Local FEP Agencies for Fiscal Year 1998 adopted by the Commission on July 8, 1997 are incorporated in-their entirety into this contract. III. Statement of Work 1. The Contractor agrees, for the prices stated in Section B, to process individual charges of employment discrimination exclusive of any charge processing resulting from other contracts for the resolution of charges that may be in effect between the Contractor and the EEOC during the term of this contract. 2. The Contract Monitor shall be responsible for transmitting charges initially received by EEOC to the Contractor. The Contractor further agrees that the charges submitted to EEOC for contract credit review shall include, but not be limited to, no cause findings, successful settlements, successful conciliations, administrative resolutions, final orders issued following and pursuant to administrative hearings and litigation. No contract credit will be awarded by EEOC for resolutions, by the Contractor based on no jurisdiction (except in cases where an investigation is actually required to determine jurisdiction) or resolutions based on the charging party's failure to establish a bona fide charge. C -3 „3. All charges submitted for credit under this contract shall be completed by the. Contractor between October 1, 1997'&W September 30, 1998,.88 fiollows a. All charges will'be evaluated and determinationg made in accordance with the theories. of discrimination in employment as developed under Title VII of the Civil Rights Act of 1964; as amended the Age Discrimination in Employment Act of 1967, as amended, and the Americans with Disabilities Act, as appropriate. b. Investigation and resolution of individual charges pursuant to this contract shall be conducted in a manner designed to effectuate relief for the charging party and shall be carried out as expeditiously as possible. c. All final actions, litigation and intake services for which payment is requested under this contract will be processed and awarded contract credit, in compliance with EEOC Order 916 (or the new State and Local Handbook when issued), the ADA Technical Assistance Manual for ADA charges, and the Worksharing Agreement. d. Contract credit submissions will include final dispositions of charges (i.e. final actions). When 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 lie final result of the appeal is the operative date. This applies in all cases where an administrative appeal is provided, whether the case is administratively resolved, dismissed, decided, or when no cause is found. For Title VII charges only, the fifteen day period during which Substantial Weight Review may be requested and /or the period during which a Substantial Weight Review is conducted is not considered for the purposes of computing the operative date of the final disposition of a charge. e. Contract credit submissions that are not final dispositions will include: 1) Charges to be litigated by the Contractor where EEOC receives copies of the complaints bearing confirmation of the filing dates with the Court, or other appropriate official confirmation of the filing dates of the complaints; 2) Certain types of charges that must. be transferred to the EEOC that are not final actions by the Contractor, as specified in EEOC Order 916 (or the new State and Local Handbook when issued); and 3) Intake services by the Contractor where EEOC accepts for processing a charge initially filed but not jurisdictional with the Contractor, or any other FEP Agency, and for which the Contractor has prepared all charge intake documentation, including a complete affidavit, as required by the EEOC. In addition, contract credit for intake services will be given when EEOC accepts for processing• a charge initially filed with but not jurisdictional with the Contractor, and the Contract Monitor determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or State FEP Agency office. C -4 , f. Charge resolutions submitted for contract credit pursuant to this Contract • ;Wilt be identified by the Contramor -by timely and- accurate data. ervtd.ss '. on the ff PA:•Ctiatge Data System; if "4a ficab+e. ` Where Vie Contractor• is not on the FEPA CDS, charge resolutions submitted for credit: pursuant to this contract will be designated in a monthly status report from the. Contractor.to the Contract Monitor. g. All charges will be processed by the Contractor in accordance with the Contractor's applicable State or Local Law. h. Contract credit will not be allowed for any charge subject to a processing fee. If such a fee is imposed or implemented during the period of the contract, the contract may be terminated in accordance with Clause 52.249 -4, Termination for Convenience of the Government. 4. in order to ensure consistent levels of productivity toward established results, the contract monitor will review production on a quarterly basis. The Contractor is expected to submit for contract credit approximately one -fourth • of the total charge resolutions required under the contract each quarter. C -5 U -�S- EaUAL EMPLOYMENT OP,PORTU,NITY:CQMMISSION 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 1) CLAUSES 52.246 -4 INSPECTION OF SERVICES - FIXED PRICE (APR 1984) E -1 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. UNIFQRM. CONTRACT fORMAT •' � �:„5.,�i� a��;s,� ,:r.�:_ ,�+`;�asa�ars��:..�.�;s � .- �:�:.'.� -{ -�-a.: , a SEaTibl11 - DELIVERIES PERFORMANCE F.1 PERIOMOF-PERFORMANCE Performance under this contract shall begin on October 1, 1997 and be completed by September 30, 1998. (See Clause H.10, "Option to Extend the Term of the Contract. ") F.2 TIME OF DELLVEiM-IDEUVERABLES A. Where the Contractor is on the EEOC's computerized charge data system (FEPA CDS): 1. The contractor must make accurate and timely charge data entries in the FEPA CDS, and is responsible for ensuring that all appropriate charge information is available for extraction by the Collection Manager in a timely manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been made by the FEPA. A determination not to award contract credit made may be reversed under the procedures set forth in Section H.B.5.a. of the FY 1998 Contracting Principles. 2. In addition, in order for a charge to be eligible for contract credit, basic charge data" must be entered into the FEPA CDS within five days of the Contractor's receipt of each charge as set forth in Section II. B.5.a of the FY 1998 Contracting Principles. 3. In order to meet the requirement in the FY 1998 Contracting Principles at Section II.B.2. that the Contractor shall provide EEOC with a list of final actions within a timeframe agreed upon by the Contract Monitor and the Contractor, but usually no later than 30 days after the resolution of each charge, the Contractor must ensure the timely and accurate entry of data into the FEPA CDS. The Contractor Monitor, will generate charge data lists and reports through the FEPA CDS to verify that this requirement is being met throughout the term of this contract. 4. The Contractor will enter all charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month following each quarter. F -1 B.-Where.-the Coivaetor is -not on the FEPA COS �: - � - ��- �r.�•y rig# "' .,". • '; •,�r� :. `The WGoritraatnr• s, aU- submit quarter 'contract pi<oduction reports to th'e Contract .Monitor for review. The quarterly reports shall consist of EEOC Forms 322 and 472. Upon award of-the- contract, the quarterly reports must be received.by'the Contract Monitor not later than the. 8th calendar'day of the month following each quarter. 2. Separately, the Contractor shall furnish to the Office of Field Programs, Field Management Programs and State and Local Programs, Washington, D.C., written reports as may be expressly required by either of those units. I The Contractor shall provide EEOC with a list of charge resolutions with respect to dual -filed charges within a timeframe agreed upon with the Contract Monitor, but no later than thirty days after the charge resolution dates. The lists of charge resolutions will be provided on the EEOC Form 472. After receipt of the lists, if requested by the Contract Monitor, the Contractor will forward all charge file information, or a copy of such information, within five workdays of the requests. The EEOC Contract Monitor may extend or reasonably alter the five -day time frame as deemed necessary and appropriate. (For non - certified Contractors, file 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 1998 contract must be received by EEOC prior to September 30, 1998. F -2 U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION UNIFORM CONTRACT FORMAT SECTION G - CONTRACT ADMINISTRATION DATA Contracting Officer Contract Specialist Inspection and Acceptance Jeffrey A. Rosenfeld Lachon Raiford EEOC - Contract Specialist Telephone: (202) 663- 4220 See Section E of the Schedule Accounting and Appropriation Data: See Block 14 of Page 1, SF -26 Contract Monitor (CM) Lucy Lewis, Director Charlotte District Office Telephone: (919) 732- 8181 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 G.1 Telephone: (202) 663 -4801 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 detaiis 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 G.3 DISTRICT OFFICE STATE AND LOCAL COORDINATOR � Tt F C t Sta .Qpat aoaiinasor pr,ProgramJlAa»g rws�fhe d s+ ttie of the'Cfi%I m.connection witF4.the perfntmance'of tliis,Contract andf i60 perfotm those duUes.- specified in paragraph G -2 above. G.4. INVOICE INSTRUCTIONS a. General. Strict compliance with the invoice instructions will facilitate early payment of invoices. No payments, however, can be made until this contract and subsequent modifications are returned, properly executed, to the Equal Employment Opportunity Commission, 1801 L Street, N.W., Washington, D.C. 20507, Attn: Contracting Officer, Room 2505. b. Invoice Forms. The Contractor must use copies of the "Public Voucher for Purchases and Services Other Than Personal," Standard Form 1034. Copies of the form may be obtained from the CM. C. Payments shall be invoiced in accordance with the payment schedule contained in Section G. However, regarding training, in order for the government to make maximum use of funds, it is imperative that requests for payment of training completed be invoiced no later than 30 days after completion of the training. 1. In those cases where the Contractor has not invoiced for training completed within the 30 day period, the Contractor agrees to allow the govemment to unilaterally deobligate the amount of funds the government determines to be in excess of the amount needed to pay for training. 2. In the event the government determines before training is to be conducted that the amount of funds provided under the contract should be reduced or increased as a result of a revised estimation of the amount of funds needed to pay for training, the Contractor agrees to allow the government to unilaterally modify the contract to provide funds for training in accordance with the government's revised estimation. Step 1 - The Contractor will prepare, sign and submit copies of "Public Voucher for Purchases and Services Other Than Personal," Standard Form 1034, to the CM. Vouchers for advance payments must be received by the CM by the 10th of the month if payment is wished near the first of the subsequent month. Vouchers for payment of charge resolutions actually produced should be submitted to the CM as soon after completion of a fiscal quarter as possible. For advance payment, the Contractor will check "Advance" in the "Payment" section of each Form 1034 submitted. For actual production payments prior to the completion of the contract, the Contractor will check "Progress" in the "Payment section and will type the following certification in the "Articles or Services" section of each Form 1034 submitted: Contractor certifies that all charge resolutions for which payment is requested were processed in compliance with the applicable section(s) of EEOC Order 916. (The reference to "EEOC Order 916" will change to "the State and Local Handbook" when the Handbook is issued.) For the actual production payment upon completion of the contract, the Contractor will check "Final" in the "Payment section, and the certification cited above will be typed in the "Articles or Services" section of the final Form 1034 submitted. G -2 Step 2 - The CM will receive and review the Standard Form 1034. If found correct and proper for payment, the CM will sign the. Standard Foam 1034 on the " b Zed C ` y ' ;i _:.,, ti g 0 lcec {ie t►e iVt �hov+ia�i1i", rripvyy red�to' modify paynin amounts on voai:hefs submitted fo'r actual. production ; payments based..-Upon assessment of the charge resolutions received and accepted, and will advise the Contractor of any modification in payments made in light of the requirements of the contract-between the-parties. Step 3 - The CM will detach one yellow .copy of the Standard Form 1034, then mail the original and remaining copies of the Standard Form 1034 to: Equal Employment Opportunity Commission Office of Field Programs State and Local Programs 1801 L Street, N.W., 8th Floor Washington, D.C. 20507 Step 4 _ The Office of Field Programs, after processing the voucher, will forward the original and one copy of the voucher to Financial Management Division, Room 2005, for payment. Step 5 - The CM will mail the detached yellow copy to the Contracting Officer for inclusion in the contract file, addressed as follows: Equal Employment Opportunity Commission Director, Procurement Management Division 1801 L Street, N.W., Room 2505 .._ Washington, D.C. 20507 J, I 4k, • a. Payments made under this contract will be made by vouchers submitted to the CM (District Director). Upon notice of award, an advance payment voucher not to exceed fifty (50) percent of the total annual contract price of this contract may be submitted by the Contractor. Should this contract obligate funds less than the total annual contract price indicated in the Schedule, the Contractor may submit a voucher. for that amount; provided, that the voucher does not exceed 50 percent of the total annual contract price. The advance payment invoice will be approved for payment by the CM only after award of the contract by the Contracting Officer. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. It should be noted that the Contractor has the option to submit invoices on any or all subsequent quarterly actual production payment dates shown on the Payment Schedule below. G -3 • PAYMENT SCHEDULE FOR YOUCHERING Percentage of Total Type of Voucher Vouchering Date Contract Allocation Payments 10/02/97 50% Advance 01/08/98 -- Based on Actual Production 04/08/98 -- Based on Actual Production 07/08/98 -- Based on Actual Production 10/08198 Not to exceed Based on Actual Contract Amount Production b. The CM may recommend payment for the full amount of the contract at any time that the Contractor completes the number of acceptable charge resolutions required by the contract. a. If the contractor has provided the information designating a financial institution for receipt of electronic funds transfer payment to the EEOC Financial Management Division, no further action is required to receive electronic payments through the Automated Clearing House system. b. If the contractor has provided the information designating a financial institution for receipt of electronic funds transfer payment to the EEOC Financial Management Division and the information has changed, the contractor is required to provide the updated information to the EEOC Financial Management Division identified in block 12 of SF 26 within 14 calendar days of the award date of this contract. c. If the contractor has not provided the information designating a financial institution for receipt of electronic funds transfer payment, the contractor is requested to provide the information required by clause 52.232 -33, identified in paragraph 1.2 of this contract to the EEOC Financial Management Division identified in block 12 of SF 26. G -4 H.3 RIGHT- SWErATA The Government shall have access to all case files.created and developed in the performance of this contract at all reasonable times when they are in the possession of the Contractor. The Contractor shall have access to such case files at all reasonable times while they are in the possession of the Equal Employment Opportunity Commission. No case files, reports, studies, findings or other information collected or created in the performance of this contract shall be released by the Contractor except as authorized in accordance with the Confidentiality Provisions set forth at paragraph H -1 above. H.4 INDEMI NIRCATION The Contractor agrees to indemnify the Government, its officers, agents, employees and assignees, for all claims of any nature arising out of the performance of this contract, including costs and expenses resulting from such claims. The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communication or release, whether in writing or otherwise, shall be jointly approved by the Contract Monitor and the Contractor, and shall include a statement to the effect that the project or effort depicted was or is co- sponsored by the Equal Employment Opportunity Commission. H.6 DIRWrANV;INDIRE CO This is a fixed price contract. No additional funds will be added to this contract for direct or indirect costs incurred by the Contractor in the performance of this contract that exceeds the unit price(s) indicated in Section C. The Contractor will provide written notification to the Director, Office of Field Programs, of any adverse local, state, or federal court decision issued against the Contractor relevant to the Employment Opportunity clauses, Section I, of this contract. Such notice shall be provided within 10 days of the courts decision. H.8 PRA This contract requires the collection, creation and maintenance of records which are subject to the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act Clause incorporated into this contract in Section I. The records compiled, created and maintained pursuant to this contract are included in EEOC's Privacy Act System EEOC -3, "Title VII and ADA Discrimination Case Files ", or Privacy Act System EEOC -1, "Age and Equal Pay Discrimination Case Files ". The contents and operation of these systems are described in Federal Register Notice, "Privacy Act of 1974; Publication of System of Records, Proposed New Systems and Proposed New Routine Uses ", dated March 19, 1994,' and included in Section J of this contract. The EEOC's Privacy Act regulations, at 29 CFR, Part 1611 are hereby incorporated by reference. H -2 I WORKSHARING AGREEMENT BETWEEN ORANGE COUNTY and the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 1998 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 race, color, religion, sex, or national origin, all pursuant to Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000(e)) (hereinafter referred to as Title VII) . EEOC has jurisdiction to investigate and determine charges of discrimination based on age (40 or older) under the Age Discrimination in Employment Act (ADEA) of 1967, as amended (29 U.S.C. §621 et-seq.), for unequal wages based on sex under the Equal Pay Act of 1963 (29 U.S.C. §206), and over allegations of employment discrimination based on disability pursuant to Title I of the Americans with Disabilities Act of 1991,(42 U.S.C. §12101) . B. In recognition of, and to the extent of the common jurisdiction and goals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to the terms of this Worksharing Agreement, which is designed to provide individuals with an efficient procedure for obtaining redress for their grievances under appropriate county 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 receipt of charges on the FEPA's behalf will automatically initiate the proceedings of both EEOC and the FEPA for the purposes of Section 706 (c) and (e) (1) of Title VII. This delegation of authority to receive charges does not include the right of one Agency to determine the jurisdiction of the other Agency over a charge. Charges can be transferred from one agency to another in accordance with the terms of this agreement or by other mutual agreement. B. The FEPA shall take all-charges alleging a violation of Title VII, ADEA, EPA, or the ADA where both the FEPA and EEOC have mutual jurisdiction or where EEOC only has jurisdiction, 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 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 (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. 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 =or initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. III. DIVISION OF INITIAL CHARGE- PROCESSING RESPONSIBILITIES 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; -- Any charge alleging retaliation for filing a charge with EEOC or for cooperating with EEOC; and -- All 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 Agreement or a Consent Decree which, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on -going list of all Conciliation Agreements and Consent Decrees which have features relevant to the disposition of subsequent charges; -- All charges which allege more than one basis of discrimination where at least one basis is not covered by the laws administered by EEOC but is covered by the FEPA Ordinance, or where EEOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but FEPA can process that charge. -- All charges against Respondents which are designated for initial processing by FEPA in a supplementary memorandum to this Agreement; and IV -- 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 five working days. EXCHANGE 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 916, Substantial Weight Review Manual, and the State and Local Handbook. 3. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must submit to the EEOC copies of all documents pertinent to conducting a substantial weight review; the evaluation will be designed to determine whether the following items have been addressed in a manner sufficient to satisfy EEOC requirements; including, but not limited to: 1. jurisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, 3. relief, if appropriate, 4. mechanisms for monitoring and enforcing compliance with all terms of conciliation agreements, orders after public hearing or consent orders to which the FEPA is a party. C. In order to be eligible for contract credit and/or - payment, submissions must meet 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 THE WORKSHARING AGREEMENT A. Each agency will designate a person as liaison official for the other agency to contact concerning the day -to -day implementation for the Agreement. The liaison for the FEPA will be Lucy Lewis, Director. The liaison official for the EEOC 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 investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. :EOC will provide or�c�na? SPA, 'n accordance wi -^ IF Ccmpliarce Manua'_ to be correspondence uric: C` arging fo_„Ls -o to ccp_ed cy -ne the egulat_Ors and -re used Par.._es and Res n- �cnde mss. D. _= a dispute regarding _e _mpiamentation or a ^y ,___patio t hls agreement cannot be reS01"ted by District Office Director, the issues will be reduced ^to writing by both par -ie_s and forwarded to -he Director c the Office of Program Operations for resolution. This Agreement shall operate from the first (ist) day c= October 1997 to the thirtieth (30th) day of September in the year the contract ends and may be renewed or mach =led by mutual consent of the parties. I have read the foregoing Worksharing Agreement and I accept and agree to the provisions contained therein. Date Marsha J. Dra District Director Equal Employment Opportunity Commission Charlotte District Office Date _ ! v 7 LI 7 c QQ�su.�n �- • 1 `��W �/( William L. Crowther, Chairperson Orange County Board of Commissioners