HomeMy WebLinkAbout1. 24684 SLA TAP_Ready for SponsorCarbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 1
TAP STATE/LOCAL AGREEMENT (DESIGN AND CONSTRUCTION) PROJECT NO. A024(684) TETON RIVER CONNECTING PATH & PED BRIDGE KEY NO. 24684
PARTIES
THIS AGREEMENT is made and entered into this _________day of ____________________, _______, by and between the IDAHO TRANSPORTATION DEPARTMENT, hereafter called the State and the CITY OF REXBURG, acting by and through
its MAYOR AND COUNCIL, hereafter called the Sponsor.
PURPOSE
The Sponsor has requested funding under the Transportation Alternatives Program. The
purpose of this Agreement is to set out the terms and conditions necessary to obtain Federal-aid participation in the work.
The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR
§635.410, and 28 CFR Part II.
NOTE: The Sponsor is responsible for complying with all project requirements and project administration procedures outlined in the Transportation Alternatives Program Manual
available at http://apps.itd.idaho.gov/apps/manuals/manualsonline.html .
Since certain functions under this Agreement are to be performed by the State, involving the expenditure of funds, and since the State can only pay for work associated with the State Highway System, the Sponsor is fully responsible for all costs related to the project for work off
the State Highway System.
Authority for this Agreement is established by Section 40-317 of the Idaho Code.
The Parties agree as follows:
SECTION I. GENERAL
1.This Agreement is entered into for the purpose of complying with certain provisionsof the Federal-Aid Highway Act, in obtaining federal participation in the design
and construction of the project.
2.Federal participation in the costs of the project will be governed by the applicablesections of Title 23 U.S. Code (Highways) and rules and regulations prescribed or
Carbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 2
promulgated by the Federal Highway Administration, including, but not limited to, the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part II.
3.Funds owed by the Sponsor shall be remitted to the State through the ITD paymentportal at: https://apps.itd.idaho.gov/PayITD .
4.Federal participation in the project is at the rate of 92.66%; local participation is7.34%.
5.Scheduled funding for this project is listed on the approved Idaho TransportationInvestment Program, and subsequent revisions. Current estimated funding is asfollows:
a.Project Development - $280,000(PE-$30,000) (PC-$250,000) b.Utilities - $0c.Construction Engineering (CE) – ($100,000)d. Construction (CN) - $690,000
e. Total Estimated Project Costs - $1,070,000
6.The Sponsor’s match for this project will be provided in cash in the amount of 7.34percent of the entire project (currently $78,538).
7.This project shall be designed to State Standards as defined in the current versionof the Idaho Transportation Department’s Roadway Design Manual, or assubsequently revised. The current version of the Roadway Design Manual can beviewed at the following web site:
http://itd.idaho.gov/manuals/ManualsOnline.html .
SECTION II. That the Sponsor shall:
1.Provide a funding match of 7.34% of the Total Estimated Project Costs of
$1,070,000 and assume responsibility for all costs of the project over and above thefederal-aid limit noted in Section I, Paragraph 4 above.
2.Pay to the State the sum of THREE THOUSAND DOLLARS ($3,000), estimated
to be the total expense to the State for this project. This amount will be applied
towards the Sponsor’s match. Upon project completion, if the estimated expensedoes not reflect the true cost of the work performed by the State, the Sponsor shallremit to the State the additional sum needed to cover the actual costs incurred bythe State.
3.Designate an authorized representative to act on the Sponsor’s behalf. Thatauthorized representative’s name is ___________________________________,Phone No. ___________________.
Carbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 3
4. With the assistance of the State, secure the services of a consultant to design the project, and provide a copy of the project plans, specifications and estimate to the
State for review and approval. 5. Before advertisement for bids, provide to the State a certification that all rights-of-way, easements, permits, materials sources, and agreements necessary for the construction and maintenance of the project have been acquired. The Sponsor will
also certify that the contract proposal includes FHWA Form 1273 (Federal-aid Contract Provisions), and will provide an environmental determination in accordance with 23CFR 771.117. 6. Before advertisement for bids, provide to the State for review and approval a copy
of the Contract Proposal form, Notice to Contractors, and construction plans, specifications and estimate. After the project is advertised for bids, provide the State with a copy of the bidding documents. 7. Advertise for the construction of the project, open bids, prepare a contract estimate
of cost based on the successful low bid in accordance with State laws on procurement procedures for local governments, and request State concurrence prior to award. 8. Award a contract for construction of the project based on the successful low bid,
and provide the State a copy of the contract. 9. During construction of the project, Sponsor will provide a project manager and staff to administer and inspect the project, and to provide inspection diaries and support
to the State’s Engineer.
10. The Sponsor shall prepare all monthly and final contract estimates and change orders, and submit all major change orders to the State for approval. During the life of the construction contract, prior approval of the State will be obtained if it is
necessary to deviate from the plans and specifications to such a degree that the
nature of the completed work is significantly changed. 11. In cooperation with the State, establish and cause to be maintained all construction traffic controls deemed necessary to best serve the public interests and to expedite
the work in accordance with the MUTCD.
12. At no cost to the federal-share, cause to be replaced to original, equal or better condition any existing pavement, regulatory signs, and other similar items damaged as a result of the contractor’s operation, except as hereafter stated as obligations of
the State.
13. During design and construction of the project, be responsible for payment of all invoices for work performed on the project. The Sponsor will provide monthly
Carbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 4
invoices, and proof of payment of same, to the State for reimbursement of the federal-aid share, up to the federal-aid limit noted in Section I, Paragraph 4 above.
14.Maintain all project records, including source documentation for all expendituresfor a period of three (3) years from the date of final acceptance. Provide the Statean electronic copy of these documents and records upon completion of the project.If any litigation, claim, negotiation, or audit has been started before expiration ofthe three-year period, the records shall be retained until completion of the action
and resolution of all issues that arise from it.
15.Maintain the project upon completion to the satisfaction of the State. Suchmaintenance includes, but is not limited to, preservation of the building andlandscape as is necessary for safe and efficient utilization in accordance with
approved agreement with State, Federal, and Local preservation entities.
16. Comply with Exhibit B attached hereto and made a part hereof. By this agreementSponsor agrees to comply with and be bound to the Civil Rights provisions of TitleVI of the Federal Code and to generally insert those provisions in all contracts that
it enters into that are federally funded on this project. If property acquired for thisproject with Federal financial assistance is transferred, the recipient of the propertywill be subject to Exhibit B if the property is used for the same purpose it wasoriginally acquired or for another purpose involving similar services or benefits tothe general public. Sponsor should contact the State prior to disposing of any
property acquired under this agreement.
17.Comply with all other applicable State and Federal regulations.
18.To the extent permitted by Idaho law and as provided by the Idaho Tort Claims Act,
indemnify, save harmless the State, regardless of outcome, from the expenses ofand against suits, actions, claims or losses of every kind, nature and description,including costs, expenses and attorney fees that may be incurred by reason of anyact or omission, neglect or misconduct of the Sponsor or its consultant in the design,
construction and maintenance of the work which is the subject of this Agreement,
or Sponsor’s failure to comply with any state or federal statute, law, regulation orrule. Nothing contained herein shall be deemed to constitute a waiver of the State’ssovereign immunity, which immunity is hereby expressly reserved.
SECTION III: That the State shall:
1.Enter into an Agreement with the Federal Highway Administration covering thefederal government's pro rata share of design and construction costs, up to amaximum of the federal-aid limit noted in Section I, Paragraph 4 above.
2.Assist in the selection of a Consultant, negotiate, and furnish the Agreement forConsultant Services and any supplements thereto, to be used between the Sponsorand Consultant on this project.
Carbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 5
3.Review and approve the project plans and specifications.
4.Authorize the Sponsor to administer the project and make any necessary changesand decisions within the general scope of the plans and specifications.
5.Appoint the Local Highway Technical Assistance Council (LHTAC) as thecontract administrator for the State.
6.Designate a resident engineer and other personnel, as the State deems necessary, tosupervise construction in accordance with the plans, specifications and estimates inthe manner required by applicable state and federal regulations. Review forapproval all major change orders submitted by the Sponsor, and conduct a final
inspection of the project when completed.
7.Upon receipt of monthly invoices from the Sponsor, submit same to the FederalHighway Administration for reimbursement at the federal-aid participation rate of92.66%, up to a maximum of the federal-aid limit noted in Section I, Paragraph 4
above.
8.Maintain complete accounts of all project funds received and disbursed, whichaccounting will determine the final project costs.
9.Cooperate with the Sponsor in selection and designation of suitable constructiontraffic control during project construction.
10.Designate an authorized representative to act on the State’s behalf. That authorized
representative’s name is ________Lisa Popoff________, Phone No.
___________________.
SECTION IV. Both Parties agree as follows:
1.Federal participation is contingent upon ultimate completion of the project. If for
any reason the project is removed from the program without being completed, thenthe Sponsor shall be responsible for One Hundred Percent (100%) of all projectcosts, and shall pay back to the State all costs previously reimbursed. If theSponsor’s deposit exceeds project costs, then the State shall return the unspent
balance to the Sponsor.
2.Sufficient Appropriation. It is understood and agreed that the State is agovernmental agency, and this Agreement shall in no way be construed so as tobind or obligate the State beyond the term of any particular appropriation of funds
by the Federal Government or the State Legislature as may exist from time to time.
The State reserves the right to terminate this Agreement if, in its sole judgment, theFederal Government or the legislature of the State of Idaho fails, neglects or refusesto appropriate sufficient funds as may be required for the State to continue
Carbon Reduction State/Local Agreement
Teton River Connecting Path & Ped Bridge Key No. 24684
Page 6
payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement.
3.All information, regulatory and warning signs, pavement or other markings, trafficsignals required, the cost of which is not provided for in the plans and estimates,must be erected at the sole expense of the Sponsor upon the completion of theproject.
4. The location, form and character of all signs, markings and signals installed on theproject, initially or in the future, shall be in conformity with the Manual of UniformTraffic Control Devices as adopted by the State.
5.This Agreement shall become effective on the first day mentioned above, and shall
remain in full force and effect until amended or replaced upon mutual consent ofthe State and the Sponsor.
EXECUTION
This Agreement is executed for the State by its Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of City of Rexburg.
IDAHO TRANSPORTATION DEPARTMENT
________________________________ Division Administrator
ATTEST: CITY OF REXBURG
________________________ _________________________________
City Clerk Mayor
By regular/special meeting on .
KG: Key No. 24684
RESOLUTION
WHEREAS, the Idaho Transportation Department, hereafter called the STATE, has submitted an Agreement stating obligations of the STATE and the CITY OF REXBURG, hereafter called the CITY, for construction of TETON RIVER CONNECTING PATH & PED BRIDGE; and
WHEREAS, the STATE is responsible for obtaining compliance with laws, standards and procedural policies in the development, construction and maintenance of improvements made to the Federal-aid Highway System when there is federal participation in the costs; and
WHEREAS, certain functions to be performed by the STATE involve the expenditure of
funds as set forth in the Agreement; and
WHEREAS, The STATE can only pay for work associated with the State Highway system; and WHEREAS, the CITY is fully responsible for its share of project costs; and
NOW, THEREFORE, BE IT RESOLVED:
1. That the Agreement for Federal Aid Highway Project > is hereby approved.
2. That the Mayor and the City Clerk are hereby authorized to execute theAgreement on behalf of the CITY.
3. That duly certified copies of the Resolution shall be furnished to the Idaho
Transportation Department.
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution passed at a regular, duly
called special (X-out non-applicable term) meeting of the City Council, City of Rexburg,
held on _____________________, _______.
(Seal) ___________________________
City Clerk
EXHIBIT B 1050.20 Appendix A: During the performance of work covered by this Agreement, the Consultant for themselves, their assignees and successors in interest agree as follows: 1. Compliance With Regulations. The Consultant shall comply with all regulations of the United States Department of Transportation relative to Civil Rights, with specific reference to Title 49 CFR Part 21, Title VI of the Civil Rights Act of 1964 as amended, and Title 23 CFR Part 230 as stated in the ITD EEO Special Provisions and Title 49 CFR Part 26 as stated in the appropriate ITD DBE Special Provisions. http://apps.itd.idaho.gov/apps/ocr/index.aspx
2. Nondiscrimination. The Consultant, with regard to the work performed by them during the term of this Agreement, shall not in any way discriminate against any employee or applicant for employment; subcontractor or solicitations for subcontract including procurement of materials and equipment; or any other individual or firm providing or proposing services based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment. In all solicitations, either by bidding or negotiation, made by the Consultant for work or services performed under subcontract, including procurement of materials and equipment, each potential subcontractor or supplier shall be made aware by the Consultant of the obligations of this Agreement and to the Civil Rights requirements based on race, color, sex, national origin, age, disability, limited English proficiency or economic status. 4. Information and Reports. The Consultant shall provide all information and reports required by regulations and/or directives and sources of information, and their facilities as may be determined by the State or the appropriate Federal Agency. The Consultant will be required to retain all records for a period of three (3) years after the final payment is made under the Agreement. 5. Sanctions for Noncompliance. In the event the Consultant or a Subconsultant is in noncompliance with the EEO Special Provisions, the State shall impose such sanctions as it or the appropriate Federal Agency may determine to be appropriate, including, but not limited to:
• Withholding of payments to the Consultant until they have achieved compliance;
• Suspension of the agreement, in whole or in part, until the Consultant or Subconsultant is found to be in compliance, with no progress payment being made during this time and no time extension made;
• Cancellation, termination or suspension of the Agreement, in whole or in part;
• Assess against the Consultant’s final payment on this Agreement or any progress payments on current or future Idaho Federal-aid Projects an administrative remedy by reducing the final payment or future progress payments in an amount equal to 10% of this agreement or $7,700, whichever is less. 6. Incorporation of Provisions. The Consultant will include the provisions of paragraphs 1 through 5 above in every subcontract of $10,000 or more, to include procurement of materials and leases of equipment unless exempt by the Acts, the Regulations, and directives pursuant thereto. The Consultant shall take such action with respect to any subcontract or procurement as the State or the appropriate
Federal Agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the Consultant may request the State to enter into any litigation to protect the interest of the State. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States.
1050.20 Appendix E
During the performance of this contract, the Consultant, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor") agrees to comply with all non- discrimination
statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
•Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
•The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601 ), (prohibits unfair treatment of persons displaced or whose property has beenacquired because of Federal or Federal-aid programs and projects);
•Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
•Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibitsdiscrimination on the basis of disability); and 49 CFR Part 27;
•The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibitsdiscrimination on the basis of age);
•Airport and Airway Improvement Act of 1982, ( 49 USC § 4 71, Section 4 7123 ), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
•The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage andapplicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 andSection 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or
activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients andcontractors, whether such programs or activities are Federally funded or not);
•Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis ofdisability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implementedby Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
•The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);•Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures discrimination against minority populations bydiscouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
•Executive Order 13166, Improving Access to Services for Persons with Limited EnglishProficiency, and resulting agency guidance, national origin discrimination includes discriminationbecause of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.Reg. at 74087 to 74100);
•Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U .S.C. 1681 et seq).
Implementation Procedures
This agreement shall serve as the Sponsor’s Title VI plan pursuant to 23 CFR 200 and 49 CFR 21.
For the purpose of this agreement, “Federal Assistance” shall include: 1.grants and loans of Federal funds,2.the grant or donation of Federal property and interest in property,3.the detail of Federal personnel,4.the sale and lease of, and the permission to use (on other than a casual or transient basis), Federalproperty or any interest in such property without consideration or at a nominal consideration, or at aconsideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the publicinterest to be served by such sale or lease to the Sponsor, and5.any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision ofassistance.
The Sponsor shall: 1.Issue a policy statement, signed by the Sponsor’s authorized representative, which expresses itscommitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulatedthroughout the Sponsor’s organization and to the general public. Such information shall be publishedwhere appropriate in languages other than English.
2.Take affirmative action to correct any deficiencies found by ITD or the United States Department ofTransportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implementTitle VI compliance in accordance with this agreement. The Sponsor’s authorized representative shall beheld responsible for implementing Title VI requirements.
3.Designate a Title VI Coordinator who has a responsible position in the organization and easy access tothe Sponsor’s authorized representative. The Title VI Coordinator shall be responsible for initiating andmonitoring Title VI activities and preparing required reports.
4.Adequately implement the civil rights requirements.
5.Process complaints of discrimination consistent with the provisions contained in this agreement.Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation.
Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; thedate the complaint was filed; the date the investigation was completed; the disposition; the date of thedisposition; and other pertinent information. A copy of the complaint, together with a copy of the Sponsor’sreport of investigation, will be forwarded to ITD’s EEO Office – External Programs within 10 days of thedate the complaint was received by the Sponsor.
6.Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programsand activities conducted by the Sponsor.
7.Conduct Title VI reviews of the Sponsor and sub-recipient contractor/consultant program areas andactivities. Revise where applicable, policies, procedures and directives to include Title VI requirements.
8.Attend training programs on Title VI and related statutes conducted by ITD’s EEO Office.
9.Participate in an annual review of the Sponsor’s Title VI Program, the purpose of which is to determine towhat extent the Sponsor has complied with Title VI requirements including the ADA. This review isconducted one year from the date of approval of the Non-Discrimination Agreement and then annually onthe same date. The format for the Title VI review will be provided each year to the Sponsor for completion.A determination of compliance will be made by ITD’s EEO Office based on the information supplied in thereview. This review of the Sponsor’s Title VI Program may also include an on-site review in order todetermine compliance.
Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may
also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor’s Title VI Coordinator for review and action.
In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after:
a)The date of alleged act of discrimination; orb)Where there has been a continuing course of conduct, the date on which that conduct wasdiscontinued.
In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing.
Complaints shall be in writing and shall be signed by the complainant and/or the complainant’s representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor’s investigative procedures.
Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ITD and USDOT. The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD: a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). c) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor.
f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsor’s authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor’s authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary
of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office – External Programs EEO Manager PO Box 7129 Boise, ID 83707-1129 208-334-8884 Federal Highway Administration Idaho Division Office
3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 208-334-9180 Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor;
4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Revised: 03-09, 08-10, 08-17