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RES 2004-0474 - Contract Contract with US equal opportunity commission for reimbursement for processing employment discrimination complaints (07- 1 1 1 O,OM,H� ,v,„ RECEIVPD 6 ..�; Office of the Mayor aj �,I 1819 Farnam Street,Suite 300 �� r��C . z '" 04 APR _6 PM 4` og Omaha,Nebraska 68Suite 300 ,, (402)444-5000 AO'47' of � '� P 11 _ FAX:(402)444-6059 FD FEBR OM HA. ERAS City of Omaha I Mike Fahey,Mayor Honorable President and Members of the City Council, Attached for your consideration is a Resolution authorizing the Omaha. Human Relations Department to enter into a Contract with the U.S. Equal Opportunity Commission to receive reimbursement for processing employment discrimination complaints for the time period of October 1, 2003 to September 30, 2004 in the amount of$47,050.00. Your favorable consideration of this request will be appreciated. Sincerely, d G Mike Fahey, Mayor . City of Omaha . P:\Law1\10494pjm.doc `-' tU.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION • Washington, D.C. 20507 Office of the Chief Financial Officer and Administrative Services Omaha Human Relations Department MAR 2 . 1819 Farnam Street, Suite 502 Omaha, NE 68183 , _ ; RE: Contract No. 4FPSLP0152 '"C.D ' Dear Director: -� • Enclosed are one (1) copy of the Standard Form (SF) 26 and one (1) copy of the entire contract and all attachments which have been signed by the Contracting Officer to maximize efficiency in the full execution of this contract. All applicable blocks of Section K must be completed and returned along with one (1) signed copy of the SF 26 only 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, DC 20507 It is essential that you adhere to the timely submission of the fully executed copy of the signed SF 26 form and completed Section K to prevent a STOP WORK ORDER. Any request for extension should be made via telephone or in writing. Facsimile requests are acceptable. Our facsimile telephone number is (202) 663-4178. The single contract document with all attachments signed by the Contracting Officer is for your records. If you have any questions,please call me on (202) 663 -4253. Sincerely, Cassandra Bates, Contracting Officer Procurement Management Division Office of the Chief Financial Officer and Administrative Services Enclosures AWARD/CONTRACT 1.THiS CONTRACT IS A RATED ORDER Rating Page of Pages UNDER DPAS(15 CFR 350) 1 I 5 2.CONTRACT(Proc.inst.ident.) NO. 3.EFFECTIVE DATE 4.REQUISITION/PURCHASE REQUEST PROJECT NO. 4FPSLP0152 10/01/2003 4FPSLP0061 5.ISSUED BY CODE EE459 6.ADMINISTERED BY(If other than Item 5) CODE EE459 DENVER DISTRICT OFFICE DENVER DISTRICT OFFICE 303 E.17TH AVENUE,SUITE 510 303 E.17TH AVENUE,SUITE 510 DENVER,CO 80203- DENVER,CO 80203- 7.NAME AND ADDRESS OF CONTRACTOR (No.,street,city,county,State and ZIP Code) 8.DELIVERY ❑ FOB Origin ❑✓ Other(See below) OMAHA HUMAN RELATIONS DEPT 9.DISCOUNT FOR PROMPT PAYMENT 1819 FARNAM ST SUITE 502 10 days % OMAHA,NE 68183 20 days % 30 days % days % 10.SUBMIT INVOICES ITEM (4 Copies unless other- -wise specified) To THE 12 CODE * FACILITY CODE ADDRESS SHOWN IN: 11.SHIP TO/MARK FOR CODE EE459 12.PAYMENT WILL BE MADE BY CODE EE450 Jeanette Leino DENVER DISTRICT OFFICE NATIONAL BUSINESS CENTER 303 E.17TH AVENUE,SUITE 510 MAIL STOP D-2735 7301 W.MANSFIELD AVENUE DENVER,CO 80203- DENVER„CO 80235-2230 13.AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14.ACCOUNTING AND APPROPRIATION DATA See Funding Detail ❑10 U.S.C.2304(c) ( ) ❑X 41 U.S.C.253(c)(5 ) 15A. ITEM NO. 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT SEE LINE ITEM DETAIL 15G. TOTAL AMOUNT OF CONTRACT 47,050.00 16. TABLE OF CONTENTS ( ) ISEC DESCRIPTION PAGE(S) ( ) SEC DESCRIPTION I PAGE(S) PART I-THE SCYEDULE PART II-CONTRACT CLAUSES X A SOLICITATION CONTRACT FORM 1 X I CONTRACT CLAUSES 12 X B SUPPLIES OR SERVICES AND PRICES/COSTS 3 PART III-LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACH. X C DESCRIPTION/SPECS/WORK STATEMENT 3 X j LIST OF ATTACHMENTS 1 X D PACKAGING AND MARKING 1 PART IV-REPRESENTATIONS AND INSTRUCTIONS X E INSPECTION AND ACCEPTANCE 1 REPRESENTATIONS,CERTIFICATIONS,AND K OTHER STATEMENTS OF OFFERORS X F DELIVERIES AND PERFORMANCE 2 X G CONTRACT ADMINISTRATION DATA 2 L INSTRS.,CONDS.,AND NOTICES TO OFFERORS X H SPECIAL CONTRACT REQUIREMENTS 2 M EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17.Q CONTRACTOR'S NEGOTIATED AGREEMENT(Contractor is required 18. ❑ AWARD (Contractor is not required to sign this document.) Your to sign this document and return 1 copies to issuing office) offer on Solicitation Number Contractor agrees to furnish and deliver all items or perform all the services set including the additions or changes made by you which additions or changes are set forth forth or otherwise identified above and on any continuation sheets for the in full above,is hereby accepted as to the items listed above and on any continuation consideration stated herein. The rights and obligations of the parties to this sheets. This award consummates the contract which consists of the following contract shall be subject to and governed bX the gollowing documents:(a)this documents:(a)the Government's solicitation and your offer,and(b)this award/contract. award/contract,(b)the solicitation,if any;.and(c)such provisions,representations, No further contractual document is necessary. certifications,and specifications,as attached or incorporated by reference herein. (Attachments are iisted herein.) 19A.NAME AND TITLE OF SIGNER (Type or print) 20A.NAME OF CONTRACTING OFFICER Mike Fahey, Mayor City of Omaha CASSANDRA BATES 1B9B.NA E OF 0 Om Hum. Rel D �!C.DATE SIGNED 20B.UI TED STATES OF MERIC�� 20C.DATE SIGNED �O B [/I !/ (Signature of person autho d to sion) 1 / y (Signature of Contracting Officer) 03/23/2004 NSN 7540.01-152-8069 STANDARD FORM 26(REV 4-85) PREVIOUS EDITION Uarnaril 4 Prescribed by GSA City ClerkFAR(48 CFR)53.214(a) Line Item Document Number Title Page Summary 4FPSLP0152 OMAHA 2 of 5 Total Funding: $47,050.00 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj/Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Cancelled Fund Line Item CLIN Delivery Date Unit of Total Cost Number Description Ref Issue (Start Date to End Date) Quantity Unit Price (Includes Discounts) 0001 TITLE VII,ADEA,AND ADA CHARGE 0001 91.00 ea $500.000 $45,500.00 RESOLUTIONS (10/01/2003 to 09/30/2004) PROCESSING AND RESOLVING,TITLE VII,ADEA,AND ADA CHARGES. EACH CHARGE MUST HAVE BEEN FILED SINCE OCTOBER 1, 1999,(OR SINCE OCTOBER 1,1998 FOR EACH CHARGE WHERE A DETERMINATION OF REASONABLE CAUSE IS ISSUED AND THE CHARGE IS PROCESSED THROUGH HEARINGS AND/OR LITIGATION)AND RESOLVED IN ACCORDANCE WITH A CHARGE RESOLUTION PLAN IF APPLICABLE. Ref Req No:4FPSLP0061 0002 TITLE VII,ADEA,AND ADA INTAKE 0002 1.00 ea $50.000 $50.00 SERVICES (10/01/2003 to 09/30/2004) PROVIDE INTAKE SERVICES FOR CHARGES,WITH AFFIDAVITS, FILED DURING THE PERIOD OCTOBER 1,2003 TO SEPTEMBER 30,2004,AT A PRICE OF$50 PER CHARGE. Ref Req No:4FPSLP0061 0003 FY 2004 EEOC/FEPA TRAINING 0003 1.00 lot $1,500.000 $1,500.00 CONFERENCE (10/01/2003 to 09/30/2004) • TRAINING TO FACILITATE SUCCESSFUL COMPLETION OF CONTRACT,WHICH MUST INCLUDE ATTENDANCE AT EEOC-SPONSORED ANNUAL CONFERENCE. Ref Req No:4FPSLP0061 0201 TITLE VII,ADEA,AND ADA CHARGE 0201 0.00 $.000 $0.00' RESOLUTIONS OPTION (10/01/2004 to 09/30/2005) PERIOD PROCESSING AND RESOLVING,TITLE VII,ADEA,AND ADA CHARGES. EACH CHARGE MUST HAVE BEEN FILED SINCE OCTOBER 1, 2000,(OR SINCE OCTOBER 1, 1999,FOR EACH CHARGE WHERE A DETERMINATION OF REASONABLE CAUSE IS ISSUED AND THE CHARGE IS PROCESSED THROUGH HEARINGS AND/OR LITIGATION)AND RESOLVED IN ACCORDANCE WITH A CHARGE RESOLUTION PLAN IF APPLICABLE. Ref Req No:4FPSLP0061 0202 TITLE VII,ADEA,AND ADA INTAKE 0202 0.00 $.000 $0.00 SERVICES OPTION (10/01/2004 to 09/30/2005) PERIOD PROVIDE INTAKE SERVICES FOR CHARGES,WITH AFFIDAVITS. Ref Req No:4FPSLP0061 Line Item Document Number Title Page Summary 4FPSLP0152 OMAHA 3 of 5 Total Funding: $47,050.00 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj/Job No. Sub Reporting Category See Line Item(s) Division Closed FYs Cancelled Fund Line Item CLIN Delivery Date Unit of Number Description Ref Issue Total Cost (Start Date to End Date) Quantity Unit Price (Includes Discounts) 0203 FY 2005 EEOC/FEPA TRAINING 0203 0.00 $.000 $0.00 CONFERENCE OPTION (10/01/2004 to 09/30/2005) PERIOD TRAINING TO FACILITATE SUCCESSFUL COMPLETION OF CONTRACT,WHICH MUST INCLUDE ATTENDANCE AT EEOC-SPONSORED ANNUAL CONFERENCE. Ref Req No:4FPSLP0061 0301 TITLE VII,ADEA,AND ADA CHARGE 0301 0.00 $.000 $0.00 RESOLUTIONS OPTION (10/01/2005 to 09/30/2006) PERIOD PROCESSING AND RESOLVING,TITLE VII,ADEA,AND ADA CHARGES. EACH CHARGE MUST HAVE BEEN FILED SINCE OCTOBER 1, 2001,(OR SINCE OCTOBER 1,2000,FOR EACH CHARGE WHERE A DETERMINATION OF REASONABLE CAUSE IS ISSUED AND THE CHARGE IS PROCESSED THROUGH HEARINGS AND/OR LITIGATION)AND RESOLVED IN ACCORDANCE WITH A CHARGE RESOLUTION PLAN IF APPLICABLE. Ref Req No:4FPSLP0061 0302 TITLE VII,ADEA,AND ADA INTAKE 0302 0.00 $.000 $0.00 SERVICES OPTION (10/01/2005 to 09/30/2006) PERIOD PROVIDE INTAKE SERVICES FOR CHARGES,WITH AFFIDAVITS. Ref Req No:4FPSLP0061 0303 FY 2006 EEOC/FEPA TRAINING 0303 0.00 $.000 $0.00 CONFERENCE OPTION (10/01/2005 to 09/30/2006) PERIOD TRAINING TO FACILITATE SUCCESSFUL COMPLETION OF CONTRACT,WHICH MUST INCLUDE ATTENDANCE AT EEOC-SPONSORED ANNUAL CONFERENCE. Ref Req No:4FPSLP0061 Line Item Document Number Title Page - Summary 4FPSLP0152 OMAHA 4of5 Total Funding: $47,050.00 FYs Fund Budget Org Sub Object Class Sub Program Cost Org Sub Proj/Job No. Sub Reporting Category Division Closed FYs Cancelled Fund Line Item Unit of Total Cost Number Description (Start Date to End Date) Quantity Issue Unit Price (Includes Discounts) Total Cost: $47,050.00 Contract Level Document Number Title Page Funding Summary 4FPSLP0152 OMAHA 5 of 2004- -01 -FPSLP- -2510- -SLCR-FP FP- - - $45,500.00 Reference Requisition: 4FPSLP0061 2004- -01 -FPSLP- -2510- -SLINTAKE-FP FP- - - $50.00 Reference Requisition: 4FPSLP0061 2004- -01 -FPSLP- -2510- -SLTRNG-FP FP- - - $1,500.00 Reference Requisition: 4FPSLP0061 Total Funding: $47,050.00 Award/Contract Document Title Document No. OMAHA Page 1 of 17 4FPSLPO152 TABLE OF CONTENTS SECTION C --Descriptions and Specifications 2 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT 2 SECTION D -- Packaging and Marking 5 PACKAGING AND MARKING 5 SECTION E -- Inspection and Acceptance 6 Clauses Incorporated By Reference 6 INSPECTION AND ACCEPTANCE 6 SECTION F --Deliveries or Performance 7 DELIVERIES OR PERFORMANCE 7 SECTION G-- Contract Administration Data 9 CONTRACT ADMINISTRATION DATA 9 SECTION H -- Special Contract Requirements 11 SPECIAL CONTRACT REQUIREMENTS 11 SECTION I -- Contract Clauses 14 Clauses Incorporated By Reference 14 SECTION J -- List of Documents, Exhibits and Other Attachments 17 LIST OF ATTACHMENTS 17 Award/Contract Document Title Document No. OMAHA Page 2 of 17 4FPSLP0152 SECTION C--DESCRIPTIONS AND SPECIFICATIONS C.1 FEPA04 DESCRIPTION/SPECIFICATIONS/WORK STATEMENT FEBRUARY 2004 I. Background A. The Equal Employment Opportunity Commission(EEOC)is authorized by statute to use the services of State and Local Fair Employment Practices Agencies(FEPAs)to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964,as amended(Title VII);the Age Discrimination in Employment Act(ADEA)of 1967,as amended;and,the Americans with Disabilities Act(ADA)of 1990,as amended. The EEOC also recognizes the need to ensure the employment rights of individuals granted by Federal,State,and Local anti-discrimination laws. B. As part of the Congressional mandate,the EEOC is required to establish an integrated system for a more expeditious resolution of employment discrimination charges. The EEOC has entered into a partnership with the FEPA,herein referred to as the Contractor,for continuous development and enhancement of this system. II. Scope of Work A. The Contractor agrees to work with the EEOC in the maintenance and enhancement of a national,integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives that include,but are not limited to,the following: 1. Implementation by the Contractor of procedures that provide for professional 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,on an as needed basis; 3. Use by the Contractor of an employment discrimination charge form that,within statutory limitations,is acceptable to the EEOC and the Contractor; 4. Use 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; 5. The development and maintenance of a system to ensure that the EEOC and the Contractor maintain compatible procedural and substantive standards; 6. The identification by the Contractor and the EEOC of legislative changes that may be appropriate for the establishment of integrated and efficient charge processing systems;and 7. Use of an effective case management system,and as applicable,adherence to a Charge Resolution Plan that: a. enhances quality and efficiency in the Contractor's charge resolution systems; Award/Contract Document Title Document No. OMAHA Page 3 of 17 4FPSLP0152 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 the EEOC's policies and statutory responsibilities. B. When an agreement on the above requirements is reached between the Contractor and the EEOC,they must be included as part of the executed Worksharing Agreement. The effective date of the Worksharing Agreement will run concurrently with the effective date of this contract. Upon execution,the Worksharing Agreement dated 10/02/03 ,is incorporated by reference into this contract. C. The Contractor and EEOC,as a condition to the maintenance of this contract,shall approve the Worksharing Agreement. Once the Contractor or the EEOC has been designated to process the charge,only the designated party will process the charge. The other party shall refrain from processing the charge pending completion by the initial processor to preclude duplication of effort. D. The Contractor shall: 1. Implement in partnership with the EEOC,a system that permits each party to perform various functions on behalf of the other,for example,accepting charges for each other,within the statutory limitations;and 2. Commit itself to maintenance of effort. Should the Contractor or the governmental body that provides its funds reduce the Contractor's resources in anticipation of or as a result of the EEOC contract funds,the EEOC may consider a reduction in the Contractor's funding,restrictions placed on the use of its funds,or revisions to the Contractor's operating procedures or regulations that impact on its ability to perform under its contract,as a material breach of this contract. The Contractor will be required 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 FEPA for Fiscal Year 2004 are incorporated in their entirety into this contract. III. Statement of Work Processing of Charges-Title VII Charges,and/or ADEA Charges(if applicable),and/or ADA Charges(if applicable): A. The Contractor shall 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. (See Section B of this contract). B. The Contracting Officer's Technical Representative(COTR)shall be responsible for transmitting charges initially received by the EEOC to the Contractor. The Contractor shall submit charges to the EEOC for contract credit including,but not limited to,no cause findings,successful settlements, successful conciliations,administrative resolutions,final orders issued following and pursuant to administrative hearings and litigation. The EEOC shall not award any contract credit 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 parry's failure to establish a bona fide charge. Award/Contract Document Title Document No. OMAHA Page 4 of 17 4FPSLP0152 C. All charges submitted for credit under this contract shall be completed by the Contractor between October 1,2003 and September 30,2004 as follows: 1. All charges will be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Title VII,the ADEA,and the ADA,as appropriate. 2. 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. 3. 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 the State and Local Handbook,the ADA Technical Assistance Manual for ADA charges,and the Worksharing Agreement. 4. Contract credit submissions will include fmal dispositions of charges(i.e.fmal actions). When administrative appeal rights exist,the fmal 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 fmal 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. The fifteen-day period during which a 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. 5. Contract credit submissions that are not fmal dispositions will include: a. Charges to.be litigated by the Contractor where the 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; b. Certain types of charges that must be transferred to the EEOC that are not fmal actions by the Contractor,as specified in the State and Local Handbook;and; c. Intake services by the Contractor where the EEOC accepts for processing a charge initially filed outside the jurisdiction of the Contractor,or any other FEPA,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 the EEOC accepts for processing a charge initially filed with but not jurisdictional with the Contractor and the COTR determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or FEPA office. 6. Charge resolutions submitted for contract credit pursuant to this contract will be identified by the Contractor by timely and accurate data entries on the FEPA CDS or any successor system,if applicable. Where the Contractor is not on the FEPA CDS or any successor system,charge resolutions submitted for credit pursuant to this contract will be designated in a monthly status report from the Contractor to the COTR. 7. All charges will be processed by the Contractor in accordance with the Contractor's applicable State or Local Laws. 8. 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. Award/Contract Document Title Document No. OMAHA Page 5 of 17 4FPSLP0152 SECTION D--PACKAGING AND MARKING D.1 FEPA04 PACKAGING AND MARKING FEBRUARY 2004 Charge/case file material and reports to be furnished to the designated field office shall be adequately packaged to assure safe delivery to the designated office. The Contractor shall preserve all case files and records relevant to all charges or actions until final disposition of such charges or actions by the Contractor and the EEOC and other federal authorities including federal courts. Award/Contract Document Title Document No. OMAHA Page 6 of 17 4FPSLP0152 SECTION E--INSPECTION AND ACCEPTANCE E.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon pon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): www.amet.gov Clause Title Date 52.246-04 Inspection Of Services-Fixed Price August 1996 E.2 FEPA04 INSPECTION AND ACCEPTANCE FEBRUARY 2004 INSPECTION AND ACCEPTANCE A. Inspection and Acceptance shall be made by the COTR. Inspection and acceptance shall be made pursuant to the standards set forth in the EEOC's Compliance Manual,and applicable section(s)of the State and Local Handbook. B. The COTR 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. The EEOC District Office 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. Award/Contract Document Title Document No. OMAHA Page 7 of 17 4FPSLP0152 SECTION F--DELIVERIES OR PERFORMANCE F.1 FEPA04 DELIVERIES OR PERFORMANCE FEBRUARY 2004 F.2 PERIOD OF PERFORMANCE The period of performance under this contract shall be from October 1,2003 through September 30,2004,with two one-year options to extend the term of the contract. (See Clause H.10, "Option to Extend the Term of the Contract"and Paragraph H.2 Contract Adjustments") F.3 TIME OF DELIVERY/DELIVERABLES A. When the Contractor enters a charge in the EEOC computerized Charge Data System(FEPA CDS)or any successor system the following procedures shall be used. The Contractor will: 1. Make accurate and timely charge data entries in the FEPA CDS or successor system,and the Contractor 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 II1.B.5.a.of the FY 2004 Contracting Principles. 2. Enter basic charge data into the FEPA CDS or successor system within five days of the Contractor's receipt of each charge as set forth in Section II1.B.5.a of the FY 2004 Contracting Principles in order to be eligible to receive contract credit. 3. Provide EEOC with a list of final actions within a time frame agreed upon by the COTR and the Contractor, but usually no later than 30 days after the resolution of each charge to meet the requirement of Section III.B.2 of the FY 2004 Contracting Principles. The Contractor must ensure the timely and accurate entry of data into the FEPA CDS. The COTR 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. Enter all charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month following each quarter. B. When the Contractor is not on the FEPA CDS or successor system,the following procedures shall be used. The Contractor will: 1. Submit quarterly contract production reports to the COTR for review. The quarterly reports shall consist of EEOC Forms 322 -FEPA Performance Report and 472-FEPA Charge List. Upon award of the contract,the quarterly reports must be received by the COTR not later than the 8th calendar day of the month following each quarter. 2. Furnish to the COTR,separate written reports as may be expressly required. 3. Provide the EEOC with a list of charge resolutions with respect to dual-filed charges within a time frame agreed upon with the COTR,but no later than thirty(30) days after the charge resolution dates. The lists of charge resolutions will be provided on EEOC Form 472. After receipt of the lists, and when requested by the COTR,the Contractor will forward all charge file information,or a copy of such information,within five workdays of the requests. The COTR 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 Award/Contract Document Title Document No. OMAHA Page 8 of 17 4FPSLP0152 days of submission of the Form 472/resolution listing unless the time frame is extended or otherwise modified by the COTR). 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 the EEOC of EEOC Form 322 and EEOC Form 472. All reports covering the first three quarters of the FY 2004 contract must be received by the EEOC prior to September 30, 2004. Award/Contract Document Title Document No. OMAHA Page 9 of 17 4FPSLP0152 SECTION G--CONTRACT ADMINISTRATION DATA G.1 FEPA04 CONTRACT ADMINISTRATION DATA FEBRUARY 2004 A. Contracting Officer • See Block 20A of SF 26 B. Inspection and Acceptance See Section E of the Schedule C. Accounting and Appropriation Date See Contract Level Funding Summary D. Contracting Officer's Technical • See Block 11 of SF 26 Representative E. Paying Office • See Block 12 of SF 26 F. Program Director • Michael J.Dougherty,Director State and Local Programs Office of Field Programs 1801 L Street NW,Room 8046 Washington,DC 20507 Telephone: (202)663-4801 G.2 CONTRACTING OFFICER The ContractingOfficer shall be the onlyindividual authorized to modifyanyof the terms of the contract or redirect the efforts of the Contractor. G.3 CONTRACTING OFFICER TECHNICAL REPRESENTATIVE The EEOC District Director,will serve as the Contracting Officer's Technical Representative(COTR)during the performance of this contract. The name of the authorized EEO C District Director will appear in Block 11 of Standard pp Form(SF)26, "Award/Contract". The COTR shall monitor the contract for the Program Director and provide the Contractor with technical guidance. Technical guidance shall mean providing details or interpretation of the scope of work and the requirements set forth in the contract. It is intended that any details, interpretations or suggestions furnished shall not constitute any changes in terms and conditions of the contract.The COTR 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. The COTR is responsible for preparing the official receiving report to record acceptance in EEOC's financial system procurement module. No payment may be made until a properly completed receiving report is transmitted to the payment office. G.4 INVOICING INSTRUCTIONS A. The Contractor shall submit an original invoice(s)and any other information required to make payments to the following address: National Business Center Mail Stop D-2735,EEOC Processing 7301 W.Mansfield Ave Denver,CO 80235-2230 Award/Contract Document Title Document No. OMAHA Page 10 of 17 4FPSLP0152 B. A copy of the invoice must be sent to the designated COTR. G.5 PAYMENT SCHEDULE Upon contract execution,an advance payment invoice not to exceed fifty(50)percent of the total annual contract price of this may be submitted by the Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. The contractor can submit invoices for actual production on a quarterly basis(April 9,July 9,and October 8,2004). No payment will be made until the contract and subsequent modifications,if any,are returned,properly executed,to the Equal Employment Opportunity Commission,Procurement Management Division, 1801 L Street,N.W.,Room 2505,Washington,D.C. 20507. G.6 CONTRACT ADJUSTMENTS FOR TRAINING The EEOC may adjust the contract for training when the following conditions exist: A. If the Contractor has not invoiced for training completed within a thirty(30)day period,the Contracting Officer may unilaterally deobligate the amount of funds the government determines to be in excess of the amount needed to pay for training. B. 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 Contracting Officer may unilaterally modify the contract to provide funds for training in accordance with the government's revised estimate. Award/Contract Document Title Document No. OMAHA Page 11 of 17 4FPSLPO152 SECTION H--SPECIAL CONTRACT REQUIREMENTS H.1 FEPA04 SPECIAL CONTRACT REQUIREMENTS FEBRUARY 2004 H.2 TITLE VII AND ADA CONFIDENTIALITY PROVISIONS A. The Contractor agrees to abide by the confidentiality provisions of Title VII and the ADA as those provisions are interpreted by the EEOC. The Contractor shall not make public in any manner whatever the following information if said information was obtained from the EEOC: 1. The existence of a Title VII and/or ADA charge filed by a particular charging party against a particular respondent,unless a Title VII and/or ADA lawsuit has been instituted, 2. Information obtained by the EEOC pursuant to its investigation authority(Section 709(a)),unless a Title VII and/or ADA lawsuit involving that information has been instituted and, 3. Things said or done by the parties(i.e. charging parties and respondents,and the EEOC)during the settlement efforts or conciliation of a charge,unless a Title VII and/or ADA lawsuit has been instituted. 4. Pursuant to Paragraph 5(b)of the EEOC Memorandum of Understanding with the Office of Federal Contract Compliance Programs(OFCCP),information compiled by OFCCP and provided to the EEOC may be provided to an FEP Agency(i.e.the Contractor)upon its request. It is further understood and agreed that the Contractor will not disclose to the public any such information without first requesting and obtaining the express written approval of the Director of OFCCP. B. EEOC-Furnished EEO Reports may be made public by the Contractor during or after a hearing conducted by the Contractor that involves such information. H.3 CONTRACT ADJUSTMENTS A. The COTR will review production on a quarterly basis. The Contractor is expected to produce approximately 1/4 of the total charge resolutions required under the contract each quarter. B. If the annualized linear production of the Contractor's actual production at any time indicates that the Contractor is producing at a rate that would not meet the number of charge resolutions required under the contract,the government may unilaterally modify the contract price and the total number of charge resolutions(downward adjustments)to reflect the annualized charge production projection. C. The government has the unilateral option to increase the number of contracted charge resolutions and/or intake services(upward adjustments),based on the actual or projected production of charge resolutions and intake services. H.4 RIGHTS IN DATA 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 EEOC. 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. Award/Contract Document Title Document No. OMAHA Page 12 of 17 4FPSLP0152 H.5 INDEMNIFICATION The Contractor shall indemnify the Government,its officers,agents,employees and assignees,for all claims of any nature arising out of the performance of this contract,including costs and expenses resulting from such claims. H.6 ACKNOWLEDGMENT OF GOVERNMENT The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract,such communication or release,written or oral,shall be jointly approved by the COTR and the Contractor,and shall include a statement indicating that the project or effort is co-sponsored by the EEOC. H.7 DIRECT AND INDIRECT COSTS This is a fixed price contract. No additional funds will be added for direct or indirect costs incurred by the Contractor in the performance of services that exceed the unit price(s)indicated in the pricing schedule. H.8 NOTICE OF ADVERSE COURT ACTION The Contractor will provide written notification to the Program Director 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 ten(10)days of the court's decision. H.9 PRIVACY ACT This contract requires the collection,creation and maintenance of records that 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 the 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 July 30,2002,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.10 CHARGE DATA SYSTEM-DATABASE The Contractor is expected to reconcile its data base with the EEOC's data base as necessary and appropriate. If significant discrepancies occur and cannot be eliminated through a routine reconciliation,the 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.11 OPTION TO EXTEND THE TERM OF THE CONTRACT At the option of the Government,the Contracting Officer by written notice of renewal to the contractor by the first day of each Government fiscal year(October 1),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 may extend the term of the contract at the unit prices stated in Section B of this contract. 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 three years(36 months). Base Period- October 1,2003 through September 30,2004 Award/Contract Document Title Document No. OMAHA Page 13 of 17 4FPSLP0152 Option Period I-October 1,2004 through September 30,2005 Option Period II-October 1,2005 through September 30,2006 Award/Contract Document Title Document No. OVA Page 14 of 17 4FPSLP0152 SECTION I--CONTRACT CLAUSES I.1 52.252-02 CLAUSES INCORPORATED BY REFERENCE This contract incorporates one or more clauses by reference,with the same force and effect as if they were given in full text.Upon request,the Contracting Officer will make their full text available.Also,the full text of a clause may be accessed electronically at this/these address(es): www.arnet.nov Clause Title Date 52.202-01 Definitions December 2001 52.203-03 Gratuities April 1984 52.203-05 Covenant Against Contingent Fees April 1984 52.203-06 Restrictions On Subcontractor Sales To The Government July 1995 52.203-07 Anti-Kickback Procedures July 1995 52.203-08 Cancellation,Rescission,and Recovery of Funds for Illegal or January 1997 Improper Activity 52.203-10 Price Or Fee Adjustment For Illegal Or Improper Activity January 1997 52.203-12 Limitation On Payments To Influence Certain Federal June 2003 Transactions 52.204-04 Printed or Copied Double-Sided on Recycled Paper. August 2000 52.204-07 Central Contractor Registration October 2003 52.209-06 Protecting the Government's Interest When Subcontracting With July 1995 Contractors Debarred, Suspended,or Proposed for Debarment 52.215-02 Audit and Records--Negotiation June 1999 52.215-08 Order of Precedence--Uniform Contract Format October 1997 52.217-09 Option To Extend The Term Of The Contract March 2000 52.222-03 Convict Labor June 2003 Award/Contract Document Title Document No. OMAHA Page 15 of 17 4FPSLP0152 52.222-21 Prohibition of Segregated Facilities February 1999 52.222-26 Equal Opportunity April 2002 52.222-35 Equal Opportunity for Special Disabled Veterans,Veterans of December 2001 the Vietnam Era,and Other Eligible Veterans 52.222-36 Affirmative Action For Workers with Disabilities June 1998 52.222-37 Employment Reports on Special Disabled Veterans,Veterans of December 2001 the Vietnam Era,and Other Eligible Veterans 52.223-06 Drug Free Workplace May 2001 52.224-01 Privacy Act Notification April 1984 52.224-02 Privacy Act April 1984 52.225-13 Restrictions on Certain Foreign Purchases December 2003 52.225-16 Sanctioned European Union Country Services February 2000 52.229-04 Federal,State And Local Taxes(State and Local Adjustments) April 2003 52.232-01 Payments April 1984 52.232-08 Discounts For Prompt Payment February 2002 52.232-11 Extras April 1984 52.232-17 Interest June 1996 52.232-23 Assignment Of Claims January 1986 52.232-25 Prompt Payment October 2003 52.232-33 Payment by Electronic Funds Transfer-Central Contractor October 2003 Registration 52.233-01 Disputes v July 2002 52.233-03 Protest After Award August 1996 52.242-02 Production Progress Reports April 1991 52.242-13 Bankruptcy July 1995 Award/Contract Document Title Document No. OMAHA Page 16 of 17 4FPSLP0152 52.243-01 Changes--Fixed Price August 1987 52.243-01 Alt III Changes--Fixed Price(Aug 1987)-Alternate III April 1984 52.245-02 Government Property(Fixed Price Contracts) June 2003 52.249-04 Termination for Convenience of the Government(Services) April 1984 (Short Form) 52.249-08 Default(Fixed-Price Supply and Service) April 1984 52.253-01 Computer Generated Forms January 1991 Award/Contract Document Title Document No. OMAHA Page 17 of 17 4FPSLPO 152 SECTION J--LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACHMENTS J.1 FEPA04 LIST OF ATTACHMENTS FEBRUARY 2004 PART III-LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACHMENTS Attachment A - Worksharing Agreement for FY 2004 Attachment B - SF LLL,Disclosure of Lobbying Activities,3 Pages Attachment C - Federal Register Notice,Dated July 30,2002 • Attachment 3 FY 2004 EEOC/FEPA WORKSHARING AGREEMENT WORKSHARING AGREEMENT BETWEEN OMAHA HUMAN RELATIONS DEPARTMENT And EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR FISCAL YEAR 2004 INTRODUCTION A. The Omaha Human Relations Department, hereinafter referred to as the FEPA, has jurisdiction over allegations of employment discrimination filed against employers of six or more employees occurring within the City of Omaha, Nebraska based on race, color, creed, national origin, sex, religion, age, disability, and marital status, pursuant to the City of Omaha's Civil Rights: Anti-Discrimination Ordinance, Chapter 13, Sections 13-1 to 13-300 of the Omaha Municipal Code. 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.D. § 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 City of Omaha 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 • a to receive charges does not include the right of one Agency to determine the • 6-4 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 the EEOC and the Omaha Human Relations Department 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. E. Within ten calendar days of receipt, each Agency agrees that it will notify both the Charging Party and Respondent of the dual-filed nature of each such charge it receives for initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. 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 disability-based charges which may not be resolved by the FEPA in a manner consistent with the ADA. -- 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 charges 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; -- All charges 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 • tr processing 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 subject to agreement of the other agency. Such variations shall not be inconsistent with the objectives of this Worksharing Agreement or the Contracting Principles. C. Each Agency will, on a quarterly basis, notify the other of all cases in litigation and will notify each other when a new suit is filed. As charges are received by one Agency against a Respondent on the other Agency's litigation list, a copy of the new charge will be sent to the other Agency's litigation unit within 10 working days. IV. 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,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 State and Local Handbook, including current revisions thereto. 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 ',, v,,: 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 Chris Rodgers, Interim Director. The liaison official for the EEOC will be Ronald Houser, State and Local Coordinator. B. The agencies will monitor the allocation of charge-processing responsibilities as set forth in the Agreement. Where it appears that the overall projection appears inappropriate, the appropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities of the FEPA and rapid redress for allegations of unlawful employment discrimination. C. EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPA's 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 Field Programs for resolution. E. This Agreement shall operate from the first (1St) day of October 2003 to the thirtieth (30th) day of September 2004 and may be renewed or modified by mutual consent of the parties. I have read the foregoing Worksharing Agreement and I accept and agree to the provisions contained therein. Date / Ae) Dis riot Director Equal Employment Opportunity Commission Denver District Office Date /// ia? Chris odgers, Interim irector Omaha Human Relations Department • DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 0348-0046 (See reverse for public burden disclosure.) 1.Type of Federal Action: 2. Status of Federal Action: 3. Report Type: I (a. contract la. bid/offer/application I I a. initial filing b.grant Jb. initial award 1 b. material change c. cooperative agreement c. post-award For Material Change Only: d. loan year quarter e. loan guarantee date of last report_ f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is a Subawardee, Enter Name ❑Prime ❑Subawardee and Address of Prime: Tier_ , if known: Congressional District, if known: 4c Congressional District, if known: 6. Federal Department/Agency: • 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, if known: 9. Award Amount, if known: 10.a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name,.MI): different from No. 10a) (last name, first name, MI): 11 Information requested through this torn,is authorized by title 31 U.S.C.section Signature: 1352. This disclosure of lobbying activities is a material representation of fact . upon which reliance was placed by the tier above when this transaction was made print Name: or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and Title: not more than$100,000 for each such failure. Telephone No.: Date: Federal Use only onfor Reproduction Authonzed Local R d .. __ . ..,: z_.-:: . :::4 ,,. ..: a.,.;-...... u.__.1_..i Standard Form LLL(Rev.7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action,or a material change to a previous filing,pursuant to title 31 U.S.C.section 1352.The filing of a form is required for each payment or agreementto make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency,a Member of Congress,an officer or employeeof Congress,or an employeeof a Memberof Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report.Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported,enter the year and quarter in which the change occurred.Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,State and zip code of the reporting entity.Include Congressional District,if known.Check the appropriateclassification . of the reporting entity that designates if it is,or expects to be,a prime or subaward recipient.Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier.Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee,"then enter the full name,address,city,State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the Federal agency making the award or loan commitment.Include at least one organizationallevel below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance (CFDA)number for grants,cooperative agreements,loans,and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitation for Bid (IFB) number; grant announcement number, the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency).Include prefixes,e.g.,'RFP-DE-90-001." - 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services,and include full address if different from 10(a).Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response,including time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington, DC 20503. DISCLOSURE OF LOBBYING ACTIVITIES Approved by OMB 0348-0046 CONTINUATION SHEET Reporting Entity: Page of Authorized for Local Reproduction Standard Form-111-A I.T.S. EQUAL EMPLOYMENT OPPORTUNITY C I'MMISSION UNIFORM CONTRACT FORMAT K.1 52.209-5 CERTIFICATION REGARDING DEBARMENT,SUSPENSION, PROPOSED DEBARMENT,AND OTHER RESPONSIBILITY MATTERS (DEC 2001) (a)(1) The Offeror certifies,to the best of its knowledge and belief,that-- (i) The Offeror and/or any of its Principals-- (A) Are [ ] are not [X] presently debarred, suspended,proposed for debarment,or declared ineligible for the award of contracts by any Federal agency; (B) Have [ ] have not [X],within a three-year period preceding this offer,been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state,or local)contract or subcontract;violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement,theft,forgery, bribery, falsification or destruction of records,making false statements,tax evasion, or receiving stolen property; and (C) Are [ ] are not [x] presently indicted for,or otherwise criminally or civilly charged by'a governmental entity with, commission of any of the offenses enumerated in subdivision(a)(1)(i)(B)of this provision. (ii) The Offeror has [ ] has not [X],within a three-year period preceding this offer,had one or more contracts terminated for default by any Federal agency. (2) "Principals," for the purposes of this certification,means officers; directors; owners; partners; and,persons having primary management or supervisory responsibilities within a business entity(e.g., general manager; plant manager; head of a subsidiary, division, or business segment,and similar positions). • THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS,OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER SECTION 1001,TITLE 18,UNITED STATES CODE. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award,the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph(a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror nonresponsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render,in good faith,the certification required by paragraph(a)of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph(a)of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification,in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. K.2 52.215-6 PLACE OF PERFORMANCE (OCT 1997) (a) The offeror or respondent,in the performance of any contract resulting from this solicitation, [ ] intends, [A does not intend(check applicable block)to use one or more plants or facilities located at a different address from the address of the offeror or respondent as indicated in this proposal or response to request for information. (b) If the offeror or respondent checks "intends" in paragraph(a)of this provision, it shall insert in the following spaces the required information: PLACE OF PERFORMANCE NAME AND ADDRESS OF OWNER (STREET ADDRESS,CITY, AND OPERATOR OF THE PLANT STATE,COUNTY,ZIP CODE) OR FACILITY IF OTHER THAN OFFEROR OR RESPONDENT K.3 52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB 1999) The'offeror represents that-- (a) It [X] has, [ ] has not participated in a previous contract or subcontract subject either. the Equal Opportunity clause of this solicitation; (b) It [X] has, [ ] has not, filed all required compliance reports; and (c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. K.4 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984) The offeror represents that-- (a)it [X] has developed and has on file, [ ] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor(41 CFR 60-1 and 60-2), or • • (b)it [ J has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K.5 NOTICE: The following solicitation provisions and/or contract clauses pertinent to this section are hereby incorporated by reference: FEDERAL ACQUISITION REGULATION(48 CF." CHAPTER 1) SOLICITATION PROVISIONS 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING (APR 1991) PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Federal Register/Vol. 67, No. 146/Tuesday, July 30, 2002./Notices 49339 amended to cover all correspondence investigations by the Office relating to disciplinary boards and to federal and communications,by letter,phone the programs and operations of the agencies when hiring,or conducting call,or email,throughout the agency to EEOC.The Commission is adding a background checks or security reflect the use of computerized tracking system of records covering those files. clearances are proposed to be added to systems in many offices. Six routine uses are proposed for the this system as well.They are described EEOt .7EmployeePayandLeove new system.In addition,it is proposed in greater detail above.In addition,the Records.Routine use i was amended to to exempt this system of records from Commission proposes to add a new replace the General Services certain provisions of the Privacy Act routine use permitting disclosure of Administration with the Department of pursuant to sections(j)(2)and(k)(2)of information to employees of contractors Interior.EEOC has switched its pay and the Act:A Notice of Proposed engaged by an agency to carry out the leave system administration from the Rulemaking is published separately in agency's responsibilities under 29 CFR General Services Administration to the today's FederalRegister proposing part 1614.Finally,the Commission Department of the Interior. amendments to EEOC's Privacy Act proposes to add a new routine use EEOC-8EmployeeTioveland regulations that describe those permitting disclosure of information to ReimbursementRecords.Routine use e exemptions. potential witnesses during the course of was amended to replace the General EEOG27DefensiveLitigotionFiles. an investigation,as may be appropriate Services Administration with the The Commission's Office of Legal and necessary to perform the agency's Department of Interior.EEOC has Counsel has upgraded its computerized functions under 29 CFR part 1614.The switched its financial management tracking system and filing system Commission has determined that these administrative services from GSA to the covering its defensive litigation files and four proposed routine uses are Department of the Interior. has created a set of files containing compatible with the law enforcement EEOtr9ClaimsCollectionRecords. testimony,affidavits and declarations purpose of the system of records. Routine use j was amended to replace given by individuals during EEOC's A complete list of all EEOC systems the Genera]Services Administration defense of lawsuits brought against the of records is published below.The with the Department of Interior.EEOC agency.Consequently,the Commission complete text of the notices follows. has switched its financial management is adding a system of records covering administrative services from GSA to the the Office of Legal Counsel's defensive For the Commission. Department of the Interior. litigation files.The system covers all CariM.Dominguez, EEOC.22TelephoneCollDetail documents related to civil or Choir. Records.The categories of individuals administrative litigation brought against EEOC SystemsofRecords and records were amended to include the Commission,which are retrievable EEOC-1 Age and Equal Pay Act U.S.government phone card holders by the name of the individual who filed Discrimination Case Files. and phone card records,including the litigation or the name of the EEOC-2 Attorney Referral List. billing records. individual witnesses who gave EEOC-3 Title VP and Americans With EEOG-13Employeeldentification testimony,affidavits or declarations Disabilities Act Discrimination Case _ - Cords.The categories of records was during the course of such litigation.Five Files. amended to cover proximity card lists routine uses are proposed for the new EEOC-4 Biographical Files. and records throughout the agency, system. EEOC-5 Correspondence and where applicable.The system was EEOC-2 8Reasonable Communications. previously limited to Headquarters AccommodationRecords.The EEOC-6 Employee Assistance Program roximi -cardholders. Commission hasissues an internal"' -.• Records: P tY ay EEOG15lniernalE EEOC-7 Employee Pay and Leave Records.orossment order establishing procedures for EEOC-e Employee Travel and Inquiries.The Commission approved an providing reasonable accommodation Reimbursement Records. internal order governing investigations for individuals with disabilities under EEOC-9 Claims Collection Records. • of allegations of harassment made by the Rehabilitation Act of 1973.This new EEOC-30 Grievance Records. EEOC employees.This new system of system of records covers all current and EEOG-11 Records-of Adverse Actions records covers current or former EEOC former EEOC employees and applicants' Against Nonpreference Eligibles in the • employees'complaints or reports of requests for reasonable Excepted Service. . harassment,witness statements,reports accommodations,medical records,notes EEOC-12 Telephone Call Detail Records. of interviews,findings and or records made about requests, EE0C--13 Employee Identification Cards. recommendations,decisions and decisions on requests and records made EEOC-14 Employee Parking Records. corrective actions taken and related to implement or track decisions on EEOC-15 OInffice of Inspector Inquiries.er P EEOC-16 Office Inspector General correspondence and exhibits.Nine requests. Four routine uses are proposed Investigative Files. routine uses are proposed for the for the system. EEOC-17 Defensive Litigation Files. system.In addition,it is proposed to The proposed routine uses in the four EEOC-ia Reasonable Accommodation exempt this system from certain new systems of records noted above Records. provisions of the Privacy Act pursuant meet the compatibility criteria since the EEOC/GOUT-1 Equal Employment to section (k)(2)of the Act.A Notice of information involved is collected for the Opportunity in the Federal Government Proposed Rulemaking is published purpose of the applicable routine uses. Complaint and Appeal Records. separately in today's FederalRegister We anticipate that any disclosure EEOC-1 proposing amendments to EEOC's pursuant to these routine uses will not Privacy Act regulations that describe result in any unwarranted adverse SYSTEM NAME: this exemption. effects on personal privacy. Age and Equal Pay Act Discrimination EEOC-I 6OfficeoflnspectorGenerol EEOC/GOVT-JEquolEmployment Case Files. InvestigativeFiles. The Office of the Opp art unityintheFederolGovernment Inspector General has reorganized its Complaint ondAppeolRecords.The SYSTEM LOCATION: filing system and will be maintaining its two routine uses proposed to be added Field Office where the charge or investigative files by the name of the t o EEOC-1 and EEOC-3,permitting complaint of discrimination was filed individuals who are subjects of disclosure to bar associations or (see Appendix A).Records of 49340 Federal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices complaints filed under section 321 of Employment Act,the Equal Pay Act and or investigative purpose of the agency to the Government Employees Rights Act section 323 of the Government the extent that the information is of 1991 are located in the Office of Employees Rights Act of 1991. relevant and necessary to the requesting Federal Operations,1801 L Street,NW., ROUTINE USES OF RECORDS MAINTAINED IN THE agency's decision. Washington,DC 20507,after a hearing SYSTEM,INCLUDING CATEGORIES OF USERS AND POLICIES AND PRACTICES FOR STORING, has been requested. THE PURPOSES OF SUCH USES: RETRIEVING,ACCESSING,RETAINING,AND CATEGORIES OF INDIVIDUALS COVERED BY THE These records and information in DISPOSING OF RECORDS IN THE SYSTEM: SYSTEM: these records may used: STORAGE: • Persons other than federal employees a.To disclose pertinent information to These records are maintained in file and applicants who file charges or a federal, state,or local agency or third folders and in computer databases. complaints with EEOC alleging that an party as may be appropriate or employer,employment agency or labor necessary to perform the Commission's RETRIEVABILITY: organization has violated the Age functions under the Age Discrimination These records are retrievable by Discrimination in Employment Act of in Employment Act or Equal Pay Act. charging party name,employer name 1967 or the Equal Pay Act of 1963,or b.To disclose information contained and charge-number. who file complaints under section 323 in these records to state and local . of the Government Employees Rights agencies administering state or local fair SAFEGUARDS: Act of 3993. employment practices laws. Paper records are maintained in.a c.To disclose non-confidential and secured area to which only authorized CATEGORIES OF RECORDS IN THE SYSTEM: non-privileged information from closed personnel have access.Access to and This system contains the records ADEA/EPA case files(a file is closed use of these records is limited to those compiled during the investigation of age when the Commission has terminated persons whose official duties require and equal pay-discrimination cases and its investigation and has decided not to such access.The premises are locked. during the investigation and hearing of sue)to the employer where a lawsuit when authorized personnel are not on complaints filed under section 321 of has been filed against the employer duty.Access to computerized records is the Government Employees Rights Act involving that information,to other limited,through use of access codes and of 1991.These records include: employees of the same employer who entry logs,to those whose official duties a.Documents submitted by charging have been notified by the Commission require access. party or complainant such as charge of of their right under 29 U.S.C.216 to file discrimination,persona]interview a lawsuit on their own behalf,and their RETENTION AND DISPOSAL: statement,and correspondence. representatives. Cases that are dismissed or closed for b.Documents submitted by employer d.To provide information to a other than no cause are destroyed six such as statement of position, congressional office from the record of months following the date of dismissal correspondence,statements of an individual in response to an inquiry or closure.No cause files that are of witnesses,documentary evidence such from the congressional office made at value in the development of future class as personnel files,records of earnings, the request of a party to the charge. action or pattern and practice cases are employee benefit plans,seniority list, e.To disclose pertinent information to retired to the Federal Records Center job titles and descriptions,applicant the appropriate federal,state or local one year after the date of the last action data,.organizational charts,collective agency responsible for investigating, and destroyed-after three additional bargaining agreements,petition to prosecuting,enforcing or implementing years.All other no cause files are revoke or modify subpoena. a statute,rule,regulation or order, destroyed one year after the date of the c.Records gathered and generated by where the EEOC becomes aware of an last action.Negotiated settlement files EEOC in the course of its investigation indication of a violation or potential are destroyed one year after the calendar - and,in complaints filed under section violation of civil or criminal law or year in which the settlement agreement 321 of the Government Employees regulation. is signed or after all obligations under Rights Act of 1991,during the hearing, f.To disclose information to another the agreement are satisfied,whichever such as letters of referral to state fair federal agency,to a court,or to a party occurs later.Where monetary benefits employment practices agencies, in litigation before a court or in an are realized in concurrent Age,Equal correspondence with state fair administrative proceeding being Pay,and Title VII cases,the file is employment practices agencies,witness conducted by a federal agency when the destroyed three years after the date of statements,investigator's notes, government is a party to the judicial or the last action.Other files are retired to . investigative plan,report of initial and administrative proceeding. the Federal Records Center one year exit interview,investigator's analyses of g.To disclose information to officials after the date of the last action, evidence and charge,subpoenas, of state or local bar associations or including action in the federal courts or decisions and letters of determination, disciplinary boards or committees when the last compliance review(the final conciliation agreements, they are investigating complaints report submitted by the respondent after correspondence and any additional against attorneys in connection with conciliation to indicate compliance)and evidence gathered during the course of their representation of a party before destroyed after three additional years, the investigation. EEOC. except landmark cases.Landmark cases AUTHORITY FOR MAINTENANCE OF THE SYSTEM: h.To disclose to a Federal agency in are transferred to the nearest Federal 5 U.S.C.303;29 U.S.C.209,211, the executive, legislative,or judicial Records Center two years after final 236branch of government,in response to its court action and offered to the National 217,625;99 U.S.C.3303;2 U.S.C. 1220. request information in connection with Archives ten years after final court PuRPosE(s): the hiring of an employee,the issuance action. This system is maintained for the of a security clearance,the conducting SYSTEM MANAGER(S)AND ADDRESS: purpose of enforcing the prohibitions of a security or suitability investigation against employment discrimination of an individual, the classifying of jobs, Director of the field office where the contained in the Age Discrimination in or the lawful statutory,administrative: charge was filed (see Appendix A). Federal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Notices 49341 Director of the Office of Federal RETRIEVABILITY: a.Documents submitted by charging Operations,3801 L Street,NW., Indexed alphabetically by names of -party,such as charge of discrimination, Washington,DC 20507. the attorneys. personal interview statement,medical records and correspondence. SYSTEM EXEMPTED FROM CERTAIN PROVISIONS SAFEGUARDS: b.Documents submitted by employer OF THE ACT: Access to this system of records is such as statement of position, This system is exempt under 5 U.S.C. restricted to EEOC personnel who have correspondence,statements of 552a(k)(2)from subsections(c)(3),(d), a legitimate use for the information. witnesses,documentary evidence such (e)(1),(e)(4)(G),(e)(4)(N),(e)(4)(I)and(1) This system is stored in filing cabinets. as personnel files,records of earnings, of the Act. Access to computerized records is EEO data,employee benefit plans, limited,through use of access codes and seniority list,job titles and descriptions, EEOC-2 entry logs,to those whose official duties applicant data,organizational charts, SYSTEM.NAME: require access. collective bargaining agreements, Attorney Referral List. RETENTION AND DISPOSAL: petition to revoke or modify subpoena. c.Records gathered and generated by SYSTEM LOCATION: Files are reviewed,and updated EEOC in the•course of its investigation All District Offices (see Appendix A). annually. such as letters to state or local fair SYSTEM MANAGER(S)AND ADDRESS: employment practice agencies, CATEGORIES OF INDIVIDUALS COVERED BY THE Regional Attorney at each District correspondence with state fair SYSTEM: Office(see Appendix A). employment practice agencies,witness Attorneys who represent plaintiffs in statements,investigator's notes, employment discrimination litigation. NOTIFICATION PROCEDURE: investigative plan,investigator's CATEGORIES OF RECORDS IN THE SYSTEM: Inquiries concerning this system of analyses of the evidence and charge, records should be addressed to the report of initial and exit interviews, This system contains attorneys' names,business addresses and appropriate system manager.It is copy of deferral to state,subpoenas, telephone numbers,the nature and necessary to furnish the following decisions and letters of determination, amount of civil rights litigation information: (2)Full name of the analysis of deferral agency action, individual whose records are requested; conciliation agreements, experience,state and federal bar admission,whether the attorneys have (2)mailing address to which reply correspondence duringadditional etiourse of the capacity and desire to handle class should be sent. gathered p y the investigation. actions;whether the attorneys charge RECORD ACCESS PROCEDURES: consultation fees(and how much); Same as above. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: whether the attorneys will waive the 5 U.S.C.301;42 U.S.C.2000e-5,-8 consultation fee;the types of fee CONTESTING RECORD PROCEDURES: and-9;42 U.S.C.12337;44 U.S.C.3103. arrangements the attorneys will accept, Same as above. PURPOSE(S) and whether the attorneys speak a RECORD SOURCE CATEGORIES: This system is maintained for the foreign language fluently. The individual on whom the record is purpose of enforcing the prohibitions AUTHORITY FOR MAINTENANCE OF THE SYSTEM: maintained. against employment discrimination 42 U.S.C.2000e-4(g);44 U.S.C.3]01. containediri Tile-VII o71e'Civil Rights EEOC-3 Act of 1964 and the Americans with PURPOSE(S): SYSTEM NAME: Disabilities Act of 1990. This system is maintained for the Title VII and Americans With ROUTINE USES OF RECORDS MAINTAINED IN THE purpose of providing charging parties, Disabilities Act Discrimination Case SYSTEM,INCLUDING CATEGORIES OF USERS AND upon their request,with information Files. THE PURPOSES OF SUCH USES: about local attorneys who represent These records and information in plaintiffs in employment discrimination SYSTEM LOCATION: these records may be used: litigation. Field Office where the charge of a.To disclose pertinent information to discrimination was filed (see Appendix a federal,state,or local agency or third ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM,INCLUDING CATEGORIES OF USERS AND A). party as maybe appropriate or THE PURPOSES OF SUCH USES: CATEGORIES OF INDIVIDUALS COVERED BY THE necessary to perform the Commission's These records and information in SYSTEM: functions under Title VII of the Civil these records may be used: Persons, other than federal employees Rights Act of 1964 and the Americans a.To refer charging parties to and applicants,who file charges With Disabilities Act of 1990. attorneys who handle litigation of alleging that an employer,employment b.To disclose information contained employment discrimination lawsuits, agency, labor organization or joint labor- in these records to state and local b.To provide information to a management apprenticeship committee agencies administering state or local fair congressional office from the record of has violated Title VII of the Civil Rights employment practices laws. 9 Act of 3 964 or the Americans With c.To disclose non-confidential or an individual in response to an inquiry non-privileged information in from the congressional office made at Disabilities Act of 3990,or both. these records toinformation ma ion contained p the request of the individual. CATEGORIES OF RECORDS IN THE SYSTEM: after a notice of right to sue has been POLICIES AND PRACTICES FOR STORING, This system contains records issued: RETRIEVING,ACCESSING,RETAINING,AND compiled during the investigation of 1.Aggrieved persons and their DISPOSING OF RECORDS IN THE SYSTEM: race,color, religion,sex,and national attorneys in case files involving STORAGE: origin discrimination cases and cases of Commissioner Charges provided that Stored on prepared forms,index cards discrimination against individuals with such persons have been notified of their and computer databases. disabilities. These records include: status as aggrieved persons; • 49342 . Federal Register/Vol. 67, No. 196/Tuesday, July 30, 2002/Notices 2.Persons or organizations filing on personnel have access;Access to and CATEGORIES OF INDIVIDUALS COVERED BY THE behalf of an aggrieved person provided use of these records is limited to those SYSTEM: that the aggrieved person has given persons whose official duties require Current and former Commissioners, written authorization to the person who such access.The premises are locked General Counsels and Commission filed on his or her behalf to act as the when authorized personnel'are not on officials. aggrieved person's agent for this duty.Access to computerized records is CATEGORIES OF RECORDS IN THE SYSTEM: purpose,and their attorneys; limited,through use of access codes and each for the name,date and pla 3.Employers and their attorneys, entry logs,to those whose official duties Includese of birth,edu ,employment ation provided that the charging party or require access. ceand other biographical aggrieved person has filed suit under history,information. Title VII or the Americans With ' RETENTION AND DISPOSAL: Disabilities Act,or both. Cases that are dismissed or closed for AUTHORITY FOR MAINTENANCE OF THE SYSTEM: d.To provide information to a other than no cause are destroyed six 44 U.S.C.3101,42 U.S.C.2000e-4. congressional office from the record of months following the date of dismissal an individual in response to an inquiry or closure.No cause files that ire of PURPOSE(S): from the congressional office made at value in the development of future class This system is maintained for the the request of a party to the charge. action or pattern and practice cases are purpose of providing information about e.To disclose pertinent information to retired to the Federal Records Center EEOC officials to members of the the appropriate federal,state or local one year after the date of the last action Congress and the public. agencies responsible for investigating, and destroyed after three additional prosecuting,enforcing or implementing years.All other no cause files are ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM,INCLUDING CATEGORIES OF USERS AND a statute,rule,regulation or order, destroyed one year after the date of the THE PURPOSES OF SUCH USES: • where EEOC becomes aware of an last action.Negotiated settlement files These records and information in indication of a violation or potential are destroyed one year after the calendar, h tese records may be used violation of civil or criminal law or year in which the settlement agreement a.To answer public and congressional regulation. is signed or after all obligations under inquiries regarding EEOC f.To disclose information to another the agreement are satisfied,whichever • Commissioners,General Counsels and federal agency,to a court,or to a party occurs later.Where monetary benefits Commission officials. in litigation before a court or in an are realized in concurrent Age,Equal administrative proceeding being Pay,Title VII and Americans With POLICIES AND PRACTICES FOR STORING, conducted by a federal agency when the Disabilities Act cases,the file is RETRIEVING,ACCESSING,RETAINING AND government is a party to the judicial or destroyed three years after the date of DISPOSING OF RECORDS IN THE SYSTEM: administrative proceeding. the last action.Other files are retired to STORAGE: g.To disclose information to officials the Federal Records Center one year Stored in locking metal file cabinets of disciplinary boards or committees after the date of the last action, available to office employees and on under the control of a state or local including action in the federal courts or computer databases. government when they are investigating the last compliance review(the final complaints against attorneys in report submitted by the respondent after RETREIVABILITY: _ connection with their representation of conciliation to indicate compliance)and Indexed by last name of the a party before EEOC. destroyed_afieribree'additiona7 years, Commissioner,General Counsel or h.To disclose to a Federal agency in except landmark cases.Landmark cases Commission official. the executive,legislative,or judicial are transferred to the nearest Federal branch of government,in response to its Records Center two years after final SAFEGUARDS: request information in connection with court action and offered to the National Files are kept in the Office of the hiring of an employee,the issuance Archives ten years after final court Communications and Legislative of a security clearance,the conducting action. Affairs,which is locked evenings, of a security or suitability investigation weekends and holidays.Access to • of an individual,the classifying of jobs, SYSTEM MANAGERts)AND ADDRESS: computerized records is limited, or the lawful statutory,administrative, Director of the field office where the through use of access codes and entry or investigative purpose of the agency to charge was filed. logs,to those whose official duties the extent that the information is require access. relevant and necessary to the requesting SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS RETENTION AND DISPOSAL: agency's decision. OF THE ACT: Maintained permanently. POLICIES AND PRACTICES FOR STORING, This system is exempt under 5 U.S.C.RETRIEVING,ACCESSING,RETAINING,AND 552a(k)(2)from subsections (c)(3), (d), SYSTEM MANAGER(S)AND ADDRESS: DISPOSING OF RECORDS IN THE SYSTEM: (e)(1),(e)(4)(G),(e)(4)(11),(e)(4)(1),and (f) Director.Office of Communications of the Act. and Legislative Affairs,Equal STORAGE: Employment Opportunity Commission, These records are maintained in file EEOC-4 1803 L Street,NW.,Washington,DC folders and in computer databases. 20507. SYSTEM NAME: RETRIEVABILITY: Biographical Files. NOTIFICATION PROCEDURES: These records are retrievable by Inquiries concerning this system of charging party name,employer name SYSTEM LOCATION: records should be addressed to the and charge number. Office of Communications and system manager.All inquiries should SAFEGUARDS: Legislative Affairs,Equal Employment furnish the full name of the individual Paper records are maintained in a Opportunity Commission, 1801 L Street, and themailinge address to which the secured area to which onlyauthorized N1' .,1�ashington,DC 20507. reply should. C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebraska RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS, the Omaha Human Relations Department is a certified as a local Fair Employment Practices Agency (FEPA) with the U.S. Equal Opportunity Commission ("EEOC") under federal statute to assist in enforcing Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act (ADEA); and the Americans with Disabilities Act (ADA); and WHEREAS, the City of Omaha Human Relations Department and the EEOC desire to enter into a Contract for the purpose of the City of Omaha Human Relations Department receiving reimbursement for processing employment discrimination complaints arising within its jurisdiction for EEOC for the time period of October 1, 2003 to September 30, 2004 and in the amount of$47,050.00; and, WHEREAS, attached hereto as Exhibit "A" is the proposed Contract between the Omaha Human Relations Department and the EEOC; and, WHEREAS, it is in the best interest of the City of Omaha to approve such Contract; and, WHEREAS, the Mayor recommends approval of such Contract. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, as recommended by the Mayor, the Contract between the Omaha Human Relations Department and the U.S. Equal Opportunity Commission for reimbursement for processing employment discrimination complaints arising within its jurisdiction for EEOC for the time period of October 1, 2003 to September 30, 2004 and in the amount of $47,050.00, attached hereto as Exhibit"A", is hereby approved. P:\Law1\10495pjm.doc APPROVED AS TO FORM: a4 CITY ATTORNEY A E Oi, , pagi4 .. By ifCouncilmember Adopte s AP 1 3 2004 9-0 zfr ,,, ,o'>$, . City Clerk Approved /144.AR Y//�� Mayor ' 7 7 - SSi! IIIPi.H ! 1 *'ƒq ƒ \ ƒ 9- ioci7D'' o -• En\ & 7 iII1 0 § % & \ o \ S \ ƒ \ 9 CC § ' . 9 Cr o S § \ r ? >4 + ? . + \ � § g n § \ C k o :IDƒ K 2 - -F. ° § § ® . i - ° o ' Z o o O •- - . - - 4, / ƒ � ° q % § / - L. C _ �_�• __ �i �d�• � •', y_ 2 - \