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HomeMy WebLinkAboutIowa Civil Rights Commission-Cooperative Agreement-01.22.2008 —v7 COOPERATIVE AGREEMENT !C Between Waterloo Commission on Human Rights IOWA CIVIL RIGHTS COMMISSION 400 E. 14th Street Des Moines, IA 50319 1. Definitions: As used in this Cooperative Agreement the following terms shall be defined as follows: (a) "Commission"means the Iowa Civil Rights Commission (b) "Fiscal year 08"means from July 1, 2007 to June 30, 2008. 2. Purpose and Authority: The purpose of this Cooperative Agreement is to assist the State Commission in resolving complaints alleging discrimination and to reduce case backlogs, without compromising quality or the integrity of the system. The criteria and parameters set by the Agreement are designed to ensure an efficient, effective, and coordinated State-Local civil rights enforcement program and partnership. In order to effectuate the purposes of the "Iowa Civil Rights Act," the Commission now enters into a Cooperative Agreement with the Waterloo Commission on Human Rights. Iowa Code §216.19 (2005). 3. Scope: Under this Cooperative Agreement, the Commission contracts with Waterloo for the satisfactory intake and resolution of complaints whose allegations fall within the prohibitions of Iowa Code §§216.6, 216.7,216.9, 216.10 and 216.11. 4. Period: This Cooperative Agreement will run during Fiscal Year 08. There is no commitment on the part of the Commission to contract with Waterloo for the resolution of complaints after June 30, 2008. 5. Total Amount: The total amount that the Commission can be required to spend,as aggregate compensation to all contracting Local Commissions for work performed under this and all other Cooperative Agreements Fiscal Year 08, is $32,000 maximum. If insufficient funds exist for payment of all cases tendered for payment by the contracting Local Commissions,payment shall be allocated on a first-come first-served basis, according to the date of submission of the case(s). 6. Payment Date: The Commission conditions payment to Waterloo for work performed under this Agreement on acceptance of that work by the Commission. The Commission will only make payment for each case submitted in the calendar month following acceptance of the work. In the case of payment for intake services, the Commission accepts the work when the Commission opens the case file corresponding to the intake. 7. Payment Schedule: (a) Intakes only—The Commission intends to pay $25.00for each intake completed by Waterloo, which results in a complaint cross-filed with the Commission and transmitted to the Commission for further processing. (b) For each complaint resolution, less than one year old from the date of filing with the ICRC, performed by Waterloo and accepted by the Commission, the Commission intends to pay $100.00 to Waterloo. Resolutions include Satisfactory Adjustments, Withdrawals, Administrative Releases, and Administrative Closures for Failure to Cooperate and Unable to Locate, No Probable Causes and Probable Causes. For each complaint over one year old, the Commission intends to pay$75.00 to the local commissions. 8. Whenever possible, Administrative Closures for failure to locate the complainant or of the complainant to cooperate with the investigation should be based upon on the merits of the case. This means that, after the local commission makes a good-faith effort to locate the complainant and encourage their cooperation, the decision on the case should refer to the relevant evidence before the local commission; The local commission should determine whether the evidence indicates that the complainant would prevail. 9. Whether the case is less than one year old, or older, the case must be received without a need for additional work("Additional work" would include any activity as determined by the Commission staff needed to comply with regulations, including, but not limited to: making a decision on the merits; interviewing parties; requesting records; or redrafting memorandum, settlement papers, or other documents because a case number or name is either omitted or incorrect). (a) For each complaint resolution that requires additional work, the Commission intends to pay$25.00, rather than $100.00 or$75.00 noted above. (b) Closure papers must include correct local and state case numbers, and when cross-filed with EEOC, correct federal case numbers as well. Payment may be denied if closure papers do not include all correct case numbers. 10. Maintenance of Effort: Iowa Code §216.19 provides that a local government required to maintain a human rights agency shall structure and adequately fund the local human/civil rights agency in order to effect cooperative undertakings with the Commission and to aid in effectuating the purposes of the "Iowa Civil Rights Act." 11. Quarterly Reports: Waterloo Commission on Human Rights agrees to submit quarterly reports to the Commission listing each intake and resolution submitted for contract credit under this Agreement. Quarterly Reports are due, as applicable, on November 10,2007(for July 1, 2007-September 30,2007 activity), January 10, 2008 (for October 1,2007-December 31, 2007 activity), April 10, 2008 (for January 1, 2008-March 31, 2008 activity), and July 10, 2008 (for April 1,2008-June 30, 2008 activity). As a condition of final payment, the local commission must submit, and the commission must have received, all cases no later than July 15, 2008. 12. Training.The State and local Commission will cooperate in planning, sponsoring, and conducting necessary complaint processing training for staff and commissioners. 13. This contract recognizes the 180-day filing period for initial complaints, (except for the 2007 amendments regarding minors and people with disabilities), set forth in Iowa Code Chapter 216, begins the day the complaint is received by the Iowa Civil Rights Commission, not by the local. (a) Due care should be taken to assure complaints are timely filed per Chapter 216 of the Iowa Code. (b) The undersigned local commission understands ICRC has a 180-day filing limitations period(except for the 2007 amendments)and agrees to make every reasonable effort to cross-file their complaints 2 f ! f with ICRC within that 180-day period. Every reasonable effort includes faxing a complaint to ICRC on the date of the receipt by Waterloo if that is the only way to cross-file the complaint with ICRC timely. 14. Closures. Closure papers must include correct local and state case numbers, and when cross-filed with EEOC, correct federal case numbers as well. Payment may be denied if closure papers do not include all correct case numbers. 15. ICRC may be required to obtain a full copy of the case file maintained by the local commission. The copies should be provided to ICRC at reduced or no cost. Chairperson, ights Commission Date Mayor, City of Lt}c.. "2r Date kicrti)(01h1,4\_.) 0 Director,Iowa Civil Rights Commission Date 3 \k )