HomeMy WebLinkAboutOrdinance 22323-08-2016 ORDINANCE NO. 22323-08-2016
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FUND IN THE AMOUNT
OF $75,750.00, SUBJECT TO RECEIPT OF FUNDS FROM THE UNITED
STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, FOR THE
PURPOSE OF REIMBURSING EXPENSES ASSOCIATED WITH THE CITY OF
FORT WORTH'S HUMAN RELATIONS COMMISSION INVESTIGATING
EMPLOYMENT DISCRIMINATION CHARGES; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2015-2016 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of$75,750.00 subject to receipt of funds from the United States Equal Employment
Opportunity Commission, for the purpose of reimbursing expenses associated with the City of Fort Worth's
Human Relations Commission investigating employment discrimination charges.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 21873-09-2015 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions
of said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Chris Troutt,Assistant City Attorney Mary J s ,Cilry Secretary
ADOPTED AND EFFECTIVE: August 2, 2016
Ordinance No.22323-08-2016
Page 1 of 1
s� U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
MAY 2 2016
Office of the Chief Financial Officer
Fort Worth Human Relations Commission
Attn: FEPA Director
1000 Throckmorton St.
Fort Worth, Texas 76102
RE-- t ontexct No. l-'I--C4i0I6C0080
Dear FEPA Director:
Enclosed is a copy of the Standard Form (SF) 26 of the entire contract and all attachments.
In order to expedite the execution of this contract, please return two (2) signed copies of the
SF 26, Page 1, only within ten (10) days from receipt of this letter to the following address:
Equal Employment Opportunity Commission
Acquisition Services Division
131 M Street, N.E., 4Eh Floor
Washington, D.C. 20507
Attn: Caroline Fowler, Contracting Officer
It is essential that you adhere to the timely submission of the fully executed copies of the signed
SF 26. 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 is for your records.
Upon execution by the Government, one (1) fully executed copy of the contract will be returned
to you for your file.
If you have any questions. please call me on (202) 663-4219.
Sincerely,
Caroline Fowler
Contracting Officer
Acquisition Services Division
Enclosure(s)
AWARD/CONTRACT 1•THIS CONTRACT A RATED OR=TING PAGE OF PAGES
UNDER DPAS (15 CFR 700) z.
2 CONTRACT( .inst indent)NO 3.EFFECTIVE DATE 4 REQUISITIONIPURCHA E REQUESTIPROJECT NO
EEC45016C0000 10/01/2015 FP160043
5 ISSUED BY CODE 4syidP 6.ADMINISTERED BY(ltotherthen Item 5) CODE lee,
EEOC OCFO ASD EEOC Dallas District Office
131 M Street, N.E., 4th Floor 207 S. Houston Street
Washington, DC 20507 Dallas, TX 75202-4726
7 NAME AND ADDRESS OF CONTRACTOR(No..street,county,State and ZIP Code) 8 DELIVERY
FORT WORTH HUMAN RELATIONS COMMISSION
1000 THROCXMORTON ❑FOB ORIG N ❑OTHER{See below)
FORT WORTH, TX 76102 6312 9.DISCOUNT FOR PROMPT PAYMENT
Net Days 3:.
10 SUBMIT INVOICES ITEM
(4 copies unless otherwise
specified)TO THE See Schedule
CODE LOC824614754 IFAC LITY CODE ADDRESS SHOWN IN
11 SHIP TOIMARK FOR CODE 12 PAYMENT WILL BE MADE BY CODE E=,_e AY
EEC Payment, Interior Business center
ALtn: EEOC Inv-ice Processing Ter.
See Schedule Denver. CI.- 8:235 Q
13 AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION: 14 ACCOUNTING AND APPROPRIATION OATH
❑IOU S C 2304(c)( ) 41 U 5 C 253(c)( ? See Schedule
15A. ITEM NO. 15B SUPPLIESISERVICES 15C.QUANTITY 150 UNIT 15E UNIT PRICE 15F AMOUNT
See Schedu:e
15G.TOTAL AMOUNT OF CONTRACT 1, $ 75,750.00
16.TABLE OF CONTENTS
(X) SEC DESCRIPTION PAGES) (X) SEC DESCRIPTION PAGES)
PART I-THE SCHEDULE PART II-CONTRACT CLAUSES
A SOLICITATION/CONTRACT FORM Cq CONTRACT CLAUSES (V
B SUPPLIES OR SERV CES AND PRICES/COSTS PART III-LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACH.
C DESCRIPTIONISPECS NVORK STATEMENT :') J LIST OF ATTACHMENTS �]
D PACKAGING AND MARK.NG PART V-REPRESENTATIONS AND INSTRUCTIONS
E INSPECTION AND ACCEPTANCE K REPRESENTATIONS,CERTIFICATIONS AND OTHER
F DELIVERIES OR PERFORMANCE STATEMENTS OF OFFERORS `
EJEHCONTRACT ADM NISTRAT ON DATA L NSTRS CONDS,AND NOTICES TO OFFERORS
SP EC AL CONTRACT REQUIREMENTS M EVALUAT ON FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
-7 Ell CONTRACTOR'S NEGOT ATED AGREEMENT(Contractor is required to 18 ❑ SEALED-BID AWARD(Contractor is not required to sign this document,)
sign Ows document and return 2 copies to issuing office.) Contractor Your bid on Solicitation Number
agrees to furnish and deliver all items or perform all the services set forth or otherwise including the additions or changes made by you whicn additions or changes are ss o m
identified above and on any continuation sheets for the consideration stated herein The full above.is hereby accepted as to the terms listed above and on any continuation sheets
rights and obligations of the parties to this contract shall be subject to and governed by the This award consummates the contract which consists of the following documents (a)the
foltowtng documents (a)this award/contract (b)the solicitation.if any,and(c)such Govemment's solicitation and your bid,and(b)this awardtconlract. No further contractual
provisions representations,certifications and specifications,as are attached or document is necessary (Block 18 should be checked only when awarding a sealed-bid
incur orated b reference herein. Attachments are fisted herein. contract.
i9A NAME AND TITLE OF SIGNER(Type or Print) 20A NAME OF CONTRACTING OFFICER
Fowler, Caroline A
198 NAME OF CONTRACTOR 19C DATE GNED 20B UN TED STATES OF AMERICA 20C.DATE SIGNED
BY BY
(Signature of person authorized to sign) (Signature of Contracting Officer)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV 412008)
Previous edition is usable Prescribed by GSA-FAR(48 CFR)53.214(a)
AWARD/CONTRACT 1.THIS CONTRACT A RATED ORDER RATING PAGE OF PAGES
UNDER DPAS(15 CFR 700) 1 1 20
2 CONTRACT(Prot Inst Indent)NO 3.EFFECTIVE DATE 4 REQUISITIONIPURCHASE REQUESTIPROJECT NO
EEC45016COOBO 10/01/2015 FP160043
5 ISSUED BY CODE 453100 6 ADMINISTERED BY(If other than Item 5) CODE F£458
EEOC OCFO ASD EEOC Dallas District Office
131 M Street, N.£., 4th Floor 207 S. Houston Street
Washington, DC 20507 Dallas, TX 75202 4726
7 NAME AND ADDRESS OF CONTRACTOR(No.,$frost,county,State and ZIP Code) B DELIVERY
FORT WORTH HUMAN RELATIONS COMMISSION
1000 THROCKMORTON [:]FOB ORIGIN ❑x OTHER(See befow)
FORT WORTH, TX 76102 6312 9 DISCOUNT FOR PROMPT PAYMENT
Net Days 30
10 SUBMIT INVOICES ITEM
(4 copies unless otherwise
specified)TO THE See Schedule
CODE LOCS24614759 IFACILITY CODE ADDRESS SHOWN IN
11 SHIP TOIMARK FOR CODE 12 PAYMENT WILL BE MADE BY CODE eECPAY
EEC Payment, Interior Business Center
See Schedule Attn: EEOC Invoice Processing Team
Denver, CO 80235 0
13 AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION* 14 ACCOUNTING AND APPROPRIATION DATA
❑10 U S C 2304(c)( ) E 41 U S C.253(c)( ! ) see Schedule
15A. ITEM NO. 15B,SUPPLIES/SERVICES 15C.QUANTITY 15D.UNIT 15E UNIT PRICE 15F.AMOUNT
See Schedule
15G.TOTAL AMOUNT OF CONTRACT $ 7s,750.04
16.TABLE OF CONTENTS
(X) SEC DESCRIPTION PAGE(S) (X) SEC DESCRIPTION PAGES)
PART I-THE SCHEDULE PART II-CONTRACT CLAUSES
A SOLICITATiONICONTRACT FORM N CONTRACT CLAUSES (�
8 SUPPLIES OR SERVICES AND PRICESICOSTS PART III-LIST OF DOCUMENTS,EXHIBITS AND OTHER ATTACH.
C DESCRIPTION/SPECS N/ORK STATEMENT CY} J I LIST OF ATTACHMENTS p}
D PACKAGING AND MARKING PART V-REPRESENTATIONS AND INSTRUCTIONS tu
E INSPECTION AND ACCEPTANCE REPRESENTATIONS,CERTIFICATIONS AND OTHER
F DELIVERIES OR PERFORMANCE K STATEMENTS OF OFFERORS
G CONTRACT ADMINISTRATION DATA L INSTRS CONDS,AND NOTICES TO OFFERORS
H SPECIAL CONTRACT REQUIREMENTS M EVALUATION FACTORS FOR AWARD
CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE
7. 0 CONTRACTOR'S NEGOTIATED AGREEMENT(Contractor is required to 18 ❑ SEALED-BID AWARD(Contractor is not required to sign this document)
sign this document and return 2 copies to issuing office) Contractor Your bid an Solicitation Number
agrees to furnish and deliver all rlems or perform all the services Set forth or otherwise includ ng the additions or changes Made by you Which additions or changes are Re o n
identified above and on any continuation sheets for the cons darabon slated herein The full above is hereby accepted as to the terms listed above and on any continuation sheets
rights and obligations of the parties to this contract shall be subject to and governed by the This award consummates the contract which consists of the following documents (a)the
following documents (a)this awardlconlract (b)the solicitation if any,and(c)such Government's so citation and your bid,and(b)this award/contract No further contractual
provisions representations certifications and specifications as are attached or document is necessary (Block 18 should be checked only when awarding a sealed-bid
rotor Dialed b reference herein, Attachments are listed herein contract.
19A NAME AND TITLE F SIGNER(Type or Print) 20A NAME OF CONTRACTING OFFICER
Fowler, =aro_ine A
19B NAME OF CONTRACTOR 19C.DATE SIGNED 208 UNITED STATES OF AMERICA 20C DATE SIGNED
BY (Signature of person authorized to sign) BY (Signature of Contracting Officer)
AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 26 (REV 4/2008)
Previous edition is usable Prescribed by GSA-FAR(48 CFR)53 214(a)
EEC46016CODW
Page 2 of 20
TABLE OF CONTENTS*
Listing of`Incorporated Purchase Requis itiorts............................... ................................................................ .......
Scc_tion B - Supplies or Services sand Pricer Costs.................
....
section C Description Specilicat ons'� ork Statement-.................. .................................................................. +7
Section D - Packaging and Murkirtg.......................................I........- .....10
Section : - Inspection and .Accoptance Terms....—. .............. ........ ....... ........,.` —................,..,i...�.,..—.... . ..10
Section )= - Dchvcry or Perform, ncc......................................................................................................................10
Section G - Contract Administration Data.............................................................................................................12
Section11 - Special Contract Rettuiremeats......... . ..............,...................................,......................,,........,,,,.....,..15
Section I Contract clauses.................. .... ....................................... ........................................................ ... ...18
Section J - List oJ'Docarnw-5, Lxhibi[5, and other Attachments............---........................................,...............,. 0
EEC45016CO080
Page 3 of 20
Listing of Incorporated Purchase Requisitions
Incorporated Purchase Requisition Numbers:
FP160043
Section B - Supplies or Services and Prices/Costs
Item Number Base Item Supplies/Services Quantity Unit
Number _
0001 TITLE VII,ADEA,ADA,AND GINA 101 EA
CHARGE RESOLUTIONS:
Contract Typefirm Fixed Price
Unit Price $700.00
Extended Price 1 $70,700.00
Description
Processing and Resolving,Title VII,ADEA,ADA and GINA Charges Each Charge must have been filed
since October 1,2011,(or since October 1, 2010,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.
Purchase Requisitions FP160043
Funded Amount $70,700.00
Item Number Base Item Supplies/Services Quantity Unit
Number
0002 TITLE VII,ADEA,ADA,AND GINA 55 EA
INTAKE SERVICES Provide Intake
Services for charges,with affidavits,
filed during the period October 1,
2015 to September 30,2016 at a
rice of$50 per charge
Contract Type:Firm Fixed Price
Unit Price $5000
Extended Price $2,750.00
Description
EEC45016C0080
Page 4 of 20
Purchase Requisitions FP160043
Funded Amount $2,750.00
Item Number Base Item SupplieslServices Quantity Unit
Number
O0 FY 2016 EEOCIFEPA TRAINING: 1 EA
Training to facilitate successful
completion of contract,including
EEOC-S onsored Annual Training,
Contract T pe:Firm Fixed Price
Unit Price $1,300.00
Extended Price $1,300.00
Description:
Purchase Requisitions FP160043
Funded Amount $1,300.00
Item Number Base Item SupplieslServices Quantity Unit
Number
0004 FY 2016 FEPA ENGAGEMENT 1 EA
FUNDING: Submission of an
acceptable written proposal detailing
a joint EEOCIFEPA enforcement,
outreach,or training activity in
support of a Strategic Enforcement
Plan or District Complement plan
prior to 9/30/2016
Contract T e:Firm Fixed Price
¢ Unit Price $1,000.00
Extended Price $1,000.00
Description.
EEC45016CO080
Page 5 of 20
Purchase Requisitions FP160043
Funded Amount $1,000.00
Item Base Item Supplies/Services
Number Number
0005 OPTION YEAR 1 -TITLE VII,ADEA,ADA,AND GINA
CHARGE RESOLUTIONS:
Description*
Processing and Resolving,Title VII,ADEA,ADA and GINA Charges. Each Charge must have been filed since
October 1,2012,(or since October 1,2011, 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.
Purchase Requisitions
Item Base Item Supplies/Services
Number Number
0006 OPTION YEAR 1 -TITLE VII,ADEA,ADA,AND GINA
INTAKE SERVICES: Provide Intake Services for
charges,with affidavits, filed during the period October
1, 2016 to September 30,2017 at a price of$50 per
charge.
Description:
Purchase Requisitions
Item Base Item Supplies/Services _.... _
Number Number
EEC45016CO080
Page 6 of 20
0007 FY 2017 EEOCIFEPA TRAINING:Training to facilitate
successful completion of contract, including EEOC-
S onsored Annual Training.
Description:
Purchase Requisitions
Item Base Item Supplies/Services
Number Number
0008 OPTION YEAR 2-TITLE VII,ADEA,ADA,AND GINA T
CHARGE RESOLUTIONS:
Description:
Processing and Resolving,Title VII,ADEA,ADA and GINA Charges, Each Charge must have been filed since
October 1,2013, (or since October 1,2012, 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
char a resolution plan if applicable.
Purchase Requisitions
Item Base Item Supplies/Services
Number Number _
0009 OPTION YEAR 2-TITLE VII,ADEA,ADA,AND GINA
INTAKE SERVICES Provide Intake Services for
charges with affidavits,filed during the period October
1, 2017 to September 30,2018 at a price of$50 per
charge
Description:
Purchase Requisitions ��
EEC45016CO080
Page 7 of 20
Item --Base Item Supplies/Services
Number Number
0010 OPTION YEAR 2-FY 2098 EEOClFEPA TRAINING
Training to facilitate successful completion of contract,
including EEOC-Sponsored Annual Training_
Description:
Purchase Requisitions
Clauses incorporated by reference
None
Clauses incorporated by full text
None
Section C - Description/SpecificationsMork Statement
Clauses incorporated by reference
None
Clauses incorporated by full text
I. Background
A The Equal Employment Opportunity Commission (EEOC) is authorized by statute to use the services of State and
Local Fair Employment Pracfces 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 the
Americans with Disabilities Act (ADA) of 1990, as amended, and, the Genetic Information Nondiscriminat on Act(GINA) of
2008. 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 -s required to establish an integrated system for a more
expeditious reso:ution of employment discrimination charges The EEOC has entered into a partnersh p 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 resolul.on 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
EEC45016C0080
Page 8 of 20
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 discr mination 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 compat ble with that used 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;
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•nventory 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 Nov 12, 2015, 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 wi I
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
(a)reduce the Contractor's resources in anticipation of or as a result of the EEOC contract funds, (b)place restrictions on the
use of its funds, or(c)revise the Contractors operating procedures or regulations that impact on its ability to perform under its
contract,the EEOC may consider it to be a material breach of this contract and may, among other things,reduce its funding of
this contract or require the return of 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
EEC45016CO080
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Contracting Principles for State and Local FEPA for Fiscal Year 2016 are incorporated in their ent.rety into this contract
III. Statement of Work
Processing of Charges-Title VII Charges: and/or ADEA Charges (if applicable). ADA Charges and?or GINA Charges(if
applicable)
A The Contractor shall submit charges to the EEOC for contract credit including, but not limited to, no cause findings.
successful settlements, successful concdiat ons administrat ve reso utions, 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 party's failure to establish a bona fide charge
B All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 2015
and September 30,2016 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,ADA and the GINA,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 th',s 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 Workshanng Agreement
4 Contract credit submissions will include final dispositions of charges (i a final actions). When administrative
appeal rights exist, the final disposition of a charge occurs only after the time for appeal has expired or the appeal has been
processed to completion, In cases where the administrative appeal has been processed, the date of the notice of the final
result of the appeal is the operative date This applies in all cases where an administrative appeal is provided,whether the
case is administratively resolved, dismissed, decided, or when no cause is found 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 final 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 final 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 COR
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 EEOC IMS or any successor system,if applicable. Where the Contractor is not on the
EEOC IMS 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 CDR.
EEC45016CO080
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7. All charges will be processed by the Contractor in accordance with the Contractor's applicable Stale 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(Services)(Short Form)
9. 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.
Section D - Packaging and Marking
Norse
Section E - Inspection and Acceptance Terms
None
Clauses incorporated by reference
None
Clauses incorporated by full text
A Inspection and Acceptance sha I be made by the COR 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 COR will ensure that the Contractor maintains performance that is consistent with the criteria and requirements
contained herein as well as 'n the Substantial Weight Review Procedures and Worksharing Agreements. The EEOC District
Office will conduct an on-site evauaton of the invest,gative and administrative charge processing procedures of the
Contractor as needed Accordingly. the Contractor is expected to comp'y with reasonable requests for providing and/or
making availab a 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-riled charges or adm!nistration of the contract.
Section F - Delivery or Performance
Line Item: 0001
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
i0j1?15 9130196 EEC Location
131 M Street, NE
Washingttvn DC US 20507 J
Line Item: 0002
Period Of Performance Start Date I Period Of Performance End Date Period Of Performance Address
EEC45016CO080
Page 11 of 20
1011115 9130/16 EEC Location
i 131 M Street, NE
Washington DC US 20507
Line Item: 0003
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
1011115 9/30116 EEC Location...... 131 M Street, NE
— Washington DC US 20507
Line Item: __0004
Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address
1011115 9130116 EEC Location
131 M Street, NE
Washington DC US 20507
Clauses incorporated by reference
None
Clauses incorporated by full text
F.1 PERIOD OF PERFORMANCE
A The period of performance under this contract shall be from October 1, 2015 through September 30. 2016.with
two one-year options to extend the term of the contract.
(See Section 1 52.217-9"Option to Extend the Term of the Contract").
B The penod of performance for Opt.on Period I and Option Pe nod II are as follows
Option Period I—October 1,2016 through September 30. 2017
Option Period II—October 1, 2017 through September 30,2018
F 2 TIME OF DEUVERY10ELIVERABLES
A When the Contractor enters a charge in the EEOC computerized Integrated Mission System (IMS) or any
successor system the follow'ng procedures shall be used. The Contractor will
1 Make accurate and timely charge data entries in the IMS or successor system, and the Contractor -s
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 cred t made may be reversed
under the procedures set forth in Section III.B.5.a. of the FY 2016 Contracting Principles.
2 Enter bas°c charge data into the IMSor successor system within five business days of the Contractor's
receipt of each charge as set forth in Section III.B.5.a of the FY 2016 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 COR and the Contractor,
EEC45016CO080
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but usually no later than 30 calendar days after the resolution of each charge to meet the requirement of Section III B 2 of the
FY 2016 Contracting Principles. The Contractor must ensure the timely and accurate entry of data into the IMS or successor
system The COR will generate charge data lists and reports through the IMS or successor system 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 IMSor successor system, the following procedures shall be used. The
Contractor will:
1. Submit monthly contract production reports to the COR for review. The monthly reports shall consist of
EEOC Forms 322-FEPA Performance Report and 472-FEPA Charge List Upon award of the contract,the monthly reports
must be received by the COR not later than the 6th calendar day of the month following each month.
2. Furnish to the COR 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 t me frame
agreed upon with the COR, but no later than thirty (30) calendar days after the charge resolution dates The I:sts of charge
resolutions will be provided on EEOC Form 472. After receipt of the lists, and when requested by the COR the Contractor will
forward al: charge file information, or a copy of such information, within five business days of the requests The COR may
extend or reasonably alter the five-day time frame as deemed necessary and appropriate (For non-certified Contractors, fie
information must be submitted within five business days of submission of the Form 472/resolution listing unless the time frame
is extended or otherwise modified by the COR). Failure to timely submit reports and charge file information w-ll result in the
denial of contract credit for the affected reso'ubons.
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 2016 contract must be received by the EEOC prior to
September 30.2016,
C. Proposal for FY 2016 FEPA Engagement
The Contractor must submit to the Contracting Officer Representative prior to September 30, 2016, a written
proposal detailing a joint enforcement,joint outreach or joint training activity with the EEOC District Office which(1)identifies
and supports a specific priority contained in either EEOC's Strategic Enforcement Plan or the District Office's Complement
Plan, (2) contains sufficient details and a certification that the FEPA is willing and able to perform the actions it proposed to
perform,and(3)which the EEOC finds to be feasible and acceptable.
Section G - Contract Administration Data
Total Obligated Amount$75 750.00
The Obligated Amount is broken down by line of accounting as follows*
LOA 20161010OB1616DI I OS LPPSJ FPS LP NA 25101D 999996 9999 SLCR NAINA1 NA
mount:$70.700 00
Clin 0001:$70,700 00
LOA-2016101 0OB1616D 10SLPPS FPSLP NA 251010 999996 9999 SLINTK NA NA NA
mount:$2,750.00
Clin 0002:$2,750.00
LOA-2016 0100B1616D 10SLPPS FPSLP NA 25101D 999996 9999 SLTRNG NA NA NA
EEC45016CO080
Page 13 of 20
mount:$1 300 00
Clin 0003$1 300 00
LOA 2016 10100 B1616D I OS LPPS1 FPS LP NA 251010 999996 9999 SLJO UTINAI NAI NA
mount:$1,000 00
Clin 0004:$1,000 00
Requesting Office Address
EEOC Office of Field Programs-State and Local
131 M Street, N.E., 5th Floor
Washington DC 20507
Phone: Fax:
Contact Details:
Yao,James
JAMES.YAO @EEOC.GOV
202-6634896
—COTR Office Address
EEOC Dallas District Office
207 S Houston Street
Dallas TX 75202-4726
Phone 210-281-7627 Fax 210-281-2522
Contact Details
issuing Office Address
EEOC OCFO ASD
131 M Street, N.E,4th Floor
Washington DC 20507
Phone: Fax 202-6634178
Contact Details
Fowler,Caroline A
CAROLINE FOWLER @EEOC.GOV
202-663-4219
Submit Invoices To Address
EEC Payment, Interior Business Center
Attn• EEOC Invoice Processing Team
7301 W. Mansfield Avenue
Mail Stop D 2770
' Denver CO 80235
Phone: Fax
Contact Details,
I Administration Office Address
a
EEOC Dallas District Office
207 S Houston Street
Dallas TX 752024726
Phone: 210-281-7627 Fax 210-281-2522
I Contact Details
EEC45016C0080
Page 14 of 20
Remit To Office Address
EEC Payment, Interior Business Center
Attn: EEOC Invoice Processing Team
7301 W. Mansfield Avenue
Mail Stop D 2770
Denver CO 80235
Phone: Fax:
Contact Details:
Clauses incorporated by reference
None
Clauses incorporated by full text
G 1 CONTRACT ADMINISTRATION DATA
A Contracting Officer. See Block 20A of SF 26
B Inspection and Acceptance See Sect on E of the Schedule
C Accounting and Appropriation Data See Accounting Line Accounting and Appropriations Data
D Contracting Officers Representative
Jaime Valdez
EEOC State and Local Program Coordinator
Dallas District Office
Office Telephone 210-281-7661
E Paying Office. See Block 12 of SF-26
Program Director
Michael J. Dougherty. Director
State and Local Programs
Office of Field Programs
131 M Street, N E.. Fifth Floor
Washington, DC 20507
Telephone, (202)663-4801
G 2 CONTRACTING OFFICER
The Contracting Officer sha I be the only indiv dual authorized to modify any of the terms of the contract or redirect the
efforts of the Contractor.
G 3 CONTRACTING OFFICER REPRESENTATIVE
The EEOC State and Local Coordinator/Program Manager for the District Office will serve as the Contracting Officers
Representative (COR) during the performance of th s contract The name of the authorized COR will appear in Section G 1
Contract Administration Data The COR shal monitor the contract for the Program Director and provide the Contractor with
EEC45016C0080
Page 15 of 20
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 COR 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 COR is responsible for providing oversight to the District Office District Resource Manager(DRM)for the preparation of
the official receiving report to record acceptance in EEOC's financial system procurement module. No payment may be made
until a proper,y completed receiving report is transmitted to the payment office
G4 INVOICING INSTRUCTIONS
A The Contractor shall subm t an or,ginal invoice(s) and any other information required to make payments to the
following address:
Interior Business Center
CIO Equal Employment Opportunity Commssion
IBC Vendor Payments
Attention EEOC Invoice Process.ng Team
7301 W Mansfield Avenue
Mail Stop D 2770
Denver, CO 80235
B. The contractor may submit an invoice electronically to the following e-mail address
eeoc_vendor_payments 1BCDenver @IBC.DOI.Gov
C A copy of the invoice must be sent to the designated COR
G 5. PAYMENT SCHEDULE
Upon contract execution an advance payment ;nvoice not to exceed fifty (50) percent of the number of charge
resolutions stated in the contract.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
f,April 11. July 11, and October 11, 2016) No payment will be made until the contract and subsequent modifications. if any
are returned, prope•ly executed, to the Equal Employment Opportunity Commiss on, Acquisition Services Division, 131 M
Street, N.E ,4th Floor Washington D C 20507
G6 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)calendar 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 prov ded
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 prov.de funds for training in accordance with the
government's revised estimate
Section H - Special Contract Requirements
Clauses incorporated by reference
EEC45016CO080
Page 16 of 20
None
Clauses incorporated by full text
H.1 TITLE VII,ADA AND GINA CONFIDENTIALITY PROVISIONS
A. The Contractor agrees to abide by the confidentiality provisions of Title VII, ADA and the GINA 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,ADA and/or GINA charge filed by a particular charging party against a particular
respondent, unless a Title VII,ADA and/or GINA lawsuit has been instituted,
2. Information obtained by the EEOC pursuant to its investigation authority(Section 709(a)), unless a Title VII,
ADA and/or GINA 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,ADA and/or GINA 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 wr.tlen approval of the Director of OFCCP
B. EEOC-fumished EEO Reports may be made public by the Contractor during a hearing conducted by the
Contractor that involves the above information.
H.2 CONTRACT ADJUSTMENTS
A. The COR wd;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 anytime 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 mod'fy the contract price and the tota' 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.3 RIGHTS IN DATA
The Government shall have access to all case files created and developed n the performance of this contract at all
reasonable times when they are in the possession of the Contractor. The Contractor shalt 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 HA above.
H.4 INDEMNIFICATION
The Contractor shall indemnify the Government, its officers. agents,employees and assignees,for all claims of any
EEC45016CO080
Page 17 of 20
nature arising out of the performance of this contract,including costs and expenses resulting from such claims.
H.5 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 COR and the
Contractor,and shall include a statement indicating that the project or effort is co-sponsored by the EEOC.
H.6 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.7 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 Equal Opportunity clause in Section I of this contract. Such notice shall
be provided within ten(10)business days of the court's decision.
H.S 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.9 CHARGE DATA SYSTEM-DATABASE
The Contractor is expected to reconcile its database with the EEOC's database 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.10 FEPA ENGAGEMENT FUNDING
To be eligible to invoice for the funding, In the amount of $1,000, the Contractor must submit to the
Contracting Officer Representative prior to September 30,2016,a written proposal detailing a joint enforcement,joint
outreach or joint training activity with the EEOC District Office which (1) identifies and supports a specific priority
contained in either EEOC's Strategic Enforcement Plan or the District Office's Complement Plan, (2) contains
sufficient details and a certification that the FEPA is willing and able to perform the actions it proposes to perform,
and(3)which the EEOC finds to be feasible and acceptable.
H.11 Information Security Related to Use of EEOC's Integrated Mission System(IMS)OR SUCCESSOR SYSTEM
FEPA Directors are responsible for authorizing IMS or successor system account creation and determining
the appropriate level of system access to provide each user by employing the concept of least privilege -providing
the minimal level of access required to perform their job functions.When determining the appropriate level of access
for a user,the FEPA Director must consider the status of the user's government background investigation (whether
completed or in-process). Depending on the business need and sensitivity of the data, it may be appropriate to
limitlrestrict a user's system access until the background investigation is completed.
EEC45016C0080
Page 18 of 20
FEPA Directors must ensure that, upon a user's separation, IMS or successor system access is removed and
system accounts are disabled as of the close-of-business on the employee's separation date.
Inactive accounts(accounts that have not been logged in within 30 days)will be disabled by the EEOC.
A certification of system accounts by each FEPA Director must be performed annually. During this review a
list of active system users will be forwarded to the FEPA Director for their review. Each FEPA Director or their
designee must review the account listing to ensure that all individuals listed for each system have the need and the
proper level of access for each system. Any modifications or deletions must be forwarded by the Director to EEOC
for action and the Director must then certify the accuracy of the report. This process has been automated to be
accessed,reviewed,and certified from within the IMS system or successor system.
Users must access IMS or successor system from workstations that are compliant with the security and
privacy policy requirements of their state/local government oversight bodies. At a minimum, workstations must
Include anti-virus protection that is updated on a regular basis.
FEPA Directors are responsible for ensuring that their employees, contractors, contingent workers, and all
other users of EEOC's IMS or successor system receive information Security Awareness Training on an annual
basis.
Section I - Contract Clauses
Clauses Incorporated by reference
None
Clauses incorporated by full text
52.247-9 Option to Extend the Term of the Contract.(MAR 2000)
(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the
contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend
at least 60 days before the contract expires.The preliminary notice does not commit the Government to an extension.
(b)If the Government exercises this option,the extended contract shall be considered to include this option clause
(c)The total duration of this contract, including the exercise of any options under this clause shall not exceed 36 months
(End of clause)
52.252-2 Clauses Incorporated by Reference.(FEB 4998)
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 acquisition govlfarlindex html
(End of clause)
Clause Number Clause Title
EEC45016CO080
Page 19 of 20
52.202-1 Definitions (NOV 2013)
52.203-3 Gratuities (APR 1984)
52203-5 Covenant Against Contingent Fees (MAY 2014)
52.203-6 Restrictions on Subcontractor Sales to the Government
(SEP 2006)
52203-7 Anti-Kickback Procedures (MAY 2014)
52 203-8 Cancellation Rescission,and Recovery of Funds for Illegal
or Improper Activity (MAY 2014)
52103-10 Price or Fee Adjustment for Illegal or Improper Activity (MAY
2014)
52.203-12 Limitation on Payments to Influence Certain Federal
Transactions (OCT 2010)
52.205-117 Contractor Employee Whistleblower Rights and Requirement
to Inform Employees of Whistleblower Rights. (APR 2014)
44 Printed or Copied Double-Sided on Postconsumer Fiber
Content Paper (MAY 2011)
52.204-12 Data Universal Numbering System Number Maintenance.
(DEC 2012)
52.204-13 System for Award Management Maintenance (JUL 2013)
52.209-6 Protecting the Government's Interest When Subcontracting
with Contractors Debarred,Suspended, or Proposed for
Debarment (OCT 2015)
52.215-2 Audit and Records-Negotiation. (OCT 2010)
52.215-8 Order of Precedence-Uniform Contract Formal (OCT 1997)
52.222-3 Convict Labor (JUN 2003)
52222-21 Prohibition of Segregated Facilities. ,APR 2015)
52222-26 Equal Opportunity (APR 2015)
52.222-25 Equal Opportunity for Veterans. (OCT 2015)
52.222-36 Equal Opportunity for Workers with Disabilities (JUL 2014)
52.222-37 Employment Reports Veterans.(FEB 2016)
52.222-40 Notification of Employee Rights Under the National Labor
Relations Act (DEC 2010)
52.222-50 Combating Trafficking in Persons.(MAR 2015)
52.222-54 Employment Eligibility Verification, (OCT 2015)
52.223-6 Drug-Free Workplace. (MAY 2001)
52.223-18 Encouraging Contractor Policies to Ban Text Messaging
While Driving. (AUG 2011)
52.224-1 Privacy Act Notification (APR 1984)
52.224-2 Privacy Act (APR 1984)
52.225-13 Restrictions on Certain Foreign Purchases, (JUN 2008)
52.229-4 Federal,State, and Local Taxes(State and Local
Adjustments) (FEB 2013)
52.232-1 Payments (APR 1984)
52.232-8 Discounts for Prompt Payment (FEB 2002)
52.232-11 Extras (APR 1984)
52.232-25 Prompt payment (JUL 2013)
52.232-33 Payment by Electronic Funds Transfer—System for Award
Management (JUL 2013)
EEC45016C0080
Page 20 of 20
52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013)
52.233,1 Disputes.(MAY 2014)
52.233.3 Protest after Award (AUG 1996)
52.233-4 Applicable Law for Breach of Contract Claim (OCT 2004)
52.242-2 Production Progress Reports (APR 1991)
52.243-1 'A1 Changes-Fixed-Price. (AUG 1987)-Alternate I(APR 1984)
52,244-6 Subcontracts for Commercial Items (FEB 2016)
245 1 Government Property (APR 2012)
52.249-4 Termination for Convenience of the Government(Services)
(Short Form) (APR 1984)
52.2498 Default(Fixed-Price Supply and Service) (APR 1984)
52.253-1 Computer Generated Forms (JAN 1991)
Section J - List of Documents, Exhibits, and other Attachments
None
Clauses incorporated by reference
None
Clauses incorporated by full text
Attachment A - Worksharing Agreement for FY 2016
Attachment B - SF LLL, Disclosure of Lobbying Activities, 2 Pages
Attachment C - Federal Register Notice, Dated April 26, 2006 and July 30 2002
WORKSHARING AGREEMENT
BETWEEN
CITY OF FORT WORTH, HUMAN RELATIONS COMMISSION
and
THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DALLAS DISTRICT OFFICE
FOR FISCAL YEAR 2016
INTRODUCTION
1. The City of Fort Worth, Human Relations Commission, hereinafter
referred to as the FEPA, has 3urisdiction over allegations of
employment discrimination fi-ed against employers of 15 or more
employees occurring within the City limits of Fort Worth based on
race, color, religion, sex, national origin, age (40 years of age
and older) , disability, sexual orientation, transgender, gender
identity or gender expression pursuant to City of Fort Worth City
Code (Chapter 17, Division 3, Section 17.71) .
The U.S. Equal Employment Opportunity Commission, hereinafter
referred to as the EEOC, has jurisdiction over allegations of
employment discrimination occurring throughout the United States
where such charges are based on race, color, religion, sex, or
naLional 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) . The EEOC has jurisdiction to
investigate and determine charges of discrimination based on age
(40 or older) under the Age Discrimination in Employment Act of
1967, as amended (29 U.S.C. § 621 et. seq. ) (ADEA) , for unequal
wages based on sex under the Equal Pay Act of 1963, as amended
(29 U.S.G. § 206) (EPA) , and over allegations of employment
discrimination based on disability pursuant to Title I of the
Americans with Disabilities Act of 1990, as amended (42 U.S.C. §
12101) (ADA) , and over the use or acquisition of genetic
information as the basis for employment decisions pursuant to
Title II of the Genetic Information Nondiscrimination Act of
2008 .
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 Fort worth, Texas Discrimination Ordinances
and Federal laws.
0
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. The EEOC's receipt of charges on the FEPA's behalf
will automatically initiate the proceedings of both the EEOC and
the FEPA for the purposes of Section 706 (c) and (e) (1) of Title
VII. This delegation of authority to receive charges does not
include the right of one Agency to determine the jurisdiction of
the other Agency over a charge. Charges can be transferred from
one agency to another in accordance with the terms of this
agreement or by other mutual agreement.
B. The FEPA shall take all charges alleging a violation of Title
VII, the ADEA, the EPA, GINA or the ADA where both the FEPA and
the EEOC have mutual jurisdiction, or where the 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
that 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 FEPA
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 the EEOC and the FEPA) to draft charges.
When a charge is taken based on disability, the nature of the
disability shall not be disclosed on the face of the charge.
E. Each agency will make every effort to forward all dual filed
charges to the other agency within three (3) working days of
receipt . Charge data information on the charge taken by the FEPA
that will be investigated by the EEOC will be entered by the FEPA
in the Integrated Mission System (IMS) within three days of the
filing of the charge. Each agency will also forward all other
relevant data obtained at the time of intake. This information
should include EEOC Form 212A (Transmittal. Form) , EEOC Form 5
(Charge of Discrimination) , affidavit from Charging Party, where
possible a pre-counseling and post counseling form, all documents
and information submitted by Charging Party.
ii
Within ten calendar days of receipt, each Agency agrees that it
will notify both the Charging Party and the 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.
1TI , 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. The 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
Ear 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 that may not be resolved by
the FEPA in a manner consistent with the ADA.
-- All concurrent Title VII/EPA charges;
-- All GINA 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 the EEOC by the U.S. Department of
Justice, Office of Federal. Contract Compliance Programs, or
Federal fund-granting agencies under 29 CFR § 1640, 1641,
and 1691.
iii
-- Any charge where the EEOC is a party to a Conciliation
Agreement or a Consent Decree that, 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 that have features relevant to the
disposition of subsequent charges;
-- Any charge alleging retaliation for filing a charge with
the EEOC or for cooperating with the EEOC; and
-- All charges against Respondents that are designated for
initial processing by the EEOC in a supplementary memorandum
to this Agreement.
2 . The FEPA will initially process the following types of
charges:
-- Any charge alleging retaliation for filing a charge with
the FEPA or cooperating with the FEPA;
-- Any charge where the FEPA is a party to a Conciliation
Agreement or a Consent Decree that, 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 that have
features relevant to the disposition of subsequent charges;
-- All charges that allege more than one basis of
discrimination where at least one basis is not covered by
the laws administered by the EEOC but is covered by the FEPA
Ordinance, or where the EEOC is mandated by federal court
decision or by internal administrative EEOC policy to
dismiss the charge, but the FEPA can process that charge.
-- All charges against Respondents that are designated for
initial processing by the FEPA in a supplementary memorandum
to this Agreement; and
-- All disability-based charges against Respondents over
which the EEOC does not have jurisdiction.
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
five working days.
iv
IV. EXCHANGE OF INFORMATION
A. Both the FEPA and the EEOC shall make available for inspection
and copying to appropriate officials from the other Agency any
information that 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 the EEOC, the FSPA agrees to observe
the confidentiality provisions of Title VII, the ADEA, the ADA
and GINA.
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 the 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
propel theory,
3 . relief, if appropriate,
4 . mechanisms for monitoring and enforcing compliance with all
terms of conciliation agreements, orders after public hearing or
consent orders to which the FEPA is a party.
C. In order to be eligible for contract credit and/or payment,
submissions must meet all the substantive and administrative
requirements as stipulated in the Contracting Principles.
D. For the purposes of determining eligibility for contract payment,
a final action is defined as the point after which the charging
party has no administrative recourse, appeal, or other avenue of
redress available under applicable State and Local statutes.
v
V1 . 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 Ms. Angela
Rush, Administrator. The liaison official for the EEOC will be
Mr. Jaime Valdez, State and Local Program Manager.
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. The agencies agree to work together in furtherance of the
provisions of EEOC' s 2012-2016 Strategic Plan and 2013 FEPA
Engagement Plan, when assessing the allocation of charges under
this agreement and to cooperate in compliance and enforcement
efforts as well as training, outreach and technical assistance
efforts encompassed by the Plans.
D. The EEOC will provide original forms to be copied by the FEPA, in
accordance with the Regulations and the Compliance Manual to be
used by the FEPAs in correspondence with Charging Parties and
Respondents.
E. 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.
F. This Agreement shall operate from the first day of October 2015
to the thirtieth day of September 2016 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
B linda F. McCallister
Acting District Director
U.S. Equal Employment Opportunity Comm.
Dailas District Office/f
Date 10-19-2015 J
Angela Wish, Administrator
City of Fort Worth
Human Relations Commission
vi
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:
a.contract ia. bidlofferlapplication a. initial filing
b.grant b. initial award L 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, Ml): different from No. 1Oa)
(last name, first name,Ml):
11,Information requested through this form is authorized by We 31 U.S.0 section Signature:
1352. This disdoeure of lobbying activities Is a material representation of fact
upon which reliance was placed by the tier above when this transaction was made pent Name:
or entered Into. This disclosure Is required pursuant to 31 U.S C, 1352. Thla
Information will be available for public Inspection Any person who fails to file the
required dledosure shall be subject to a civil penalty of not lees then$10,000 and Title:
not more than 5100,000 for each such failure.
Telephone No.: Date:
Federal Use Only: Authorized for Local Reproduction
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 materialchange to a previousfiling,pursuant to titre 31 U.S.C.section 1352.The filing of a form is required for each paymentor agreemenito 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 appropriate classification
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.
B. 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 awardfloan
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 farm,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.
min+,
49338 Federal Register/Val. 67, No. 146/Tuesday, July 30, 2002/Notices
announcing the 2002 Annual Meeting of ozone0sso.org or via the OTC Web site last published its Privacy Act systems
the Ozone Transport Commission at http://isiviv.sso.org/0tc)on Tuesday, notices in 1994.The Commission
(OTC).During this meeting,the OTC Jul 20,2002.The MANE-VU agenda proposes four new systems of records to
will deal with appropriate matters will be available at the same time.but cover,in two cases.new programs that
within the Ozone Transport Region in separately on MANE-VU's Web site at will collect Individually Identifiable
the Northeast and Mid-Atlantic Slates, http:/lunvty sso.rmunavu.org.The records end,in the other two cases,
as provided for under the Clean Air Act purpose of this meeting Is to review existing records that through the use of
Amendments of 1990.This meeting is major ozone health studies,discuss the information technology have become
not subject to the provisions of the role of clean energy and energy individually identifiable.in addition,
Federal Advisory Committee Act,Public efficiency in ozone reduction efforts, the Commission is amending several or
Law 92-463,as amended. and discuss regional approaches to its systems to include additional
MATES:The OTC meeting will be held on reducing ground-Ievel ozone,including categories of individuals or of records.
Tuesday,August 6,2002 starting at 0 ozone transport. The Commission is adding two new
a.m.(DST). 0etad:July z3,zooz. routine uses to its two private sector
ADDREssEs:The Inn at Essex,70 Essex Donald S.Walsh, case files systems and four now routine
Way,Essex)unction,Vermont 115452: Regional Administrator,Region Ill. uses to its government-wide system of
(802)878-1100.Important Note:The 1FR Doc.oz-im2s Filed 7-29-02;8:45 em) mcords covering federal sector
Mid-Adantic/Northeast Visibility Union eaurro caaE , complaint and appeal records.Finally,
(MANE-VU)Board will meet the the Commission has amended several
previous day,on Monday,August 5, system notices to reflect current office
2002,from 1 p.m.until 5 p.m.(DST),at names and has amended A pendix A to
the soma location. EQUAL EMPLOYMENT OPPORTUNITY reflect current addresses of�Commission
COMMISSION offices.To ensure that users will have
FOR FURTHER INFORMATION CONTACT: a copy of the current text of each of its
Judith M.Katz,U.S.Environmental Privacy Act of 1974;Publication of system notices,the Commission Is
Protection Agency,Region Ill,1650 Notices of Systems of Records and publishing ilia complete text of all of its
Arch Street,Philadelphia,PA 19103: Proposed Now Systems of Records systems notices.
12151814-2100.For Documents and AGENCY:Equal Employment A brief description of the major
Press Inquiries Contact:Ozone Opportunity Commission. changes follows:
Transport Commission,444 North Oppor ACTION:Notice:publication of notices of EE�1 Age and Equal Pay Act
Capital Street,NW..Suite 638, of records,and proposed new Discrimination Case Files.A new
Washington.DC 20001:(20Z)508-3040; systems category of individuals was added to
e-mail:ozoneesso.ors;Web site:htiprll systems of records. cover Individuals who file complaints
rviviv.sso.org/atc. sUMMARY:This notice proposes four new under section 321 of the Government
SUPPLEMENTARY INFORMATION:The Clean syslams of records and changes to a Employees Rights Act or 1991.
Air Act Amendments or 1900 contain,at number of existing s tams of records. EEOG1 Age and Equal Pay Act
Section 184,provisions for the"Control This notice republishes all of EEOC's Discrimination Casa Files and EEOF3
of Interstate Ozone Air Pollution." notices for its systems or records subject Title Vil and Americans With
Section 184(0)establishes an"Ozone to the Privacy Act In one Issue or the Disabilities Act Discrimination Casa
Transport Region"(OTR)comprised of Federal Register so that an accurate and Files.Two now routine uses are
the States of Connecticut,Delaware. complete text or the notices is available proposed for each system.One would
Maine,Maryland,Massachusetts,Now for use by individuals and by agency permit disclosure or information to
Hampshire,New Jersoy,Now York, Privacy Act officers. officials of stale or local bar associations
Pennsylvania,Rhode Island,Vermont, DATES•The changes to the existing or disciplinary boards or committees
parts of Virginia,and the District of systems of records are effective on July when they are Investigating complaints
Columbia.The Assistant Administrator 30,2002.The proposed new systems of against attorneys in connection with
for Air and Radiation of the records will became effective,without their representation of a party before
Environmental Protection Agency further notice,on September 27,2002, EEOC.The proposed routine use in
convened the first meeting of the unless comments dictate otherwise. EEOC3,the Title Vil and ADA case
commission in Now York t City on May ADDRESSES:Written comments may be tioards or committees, nder the control 7.1991.The purpose of the OTC is to sent to ilia Office or Executive
deal with ground level ozone formation. Secretariat,Equal Employment of a slate or local government because
q
transport,and control within the OTR. these files are covered by the
The purpose or this notice is to Opportunity Commission,iRoom 1D4D?, confidentiality provisions contained in
announce[fiat this Commission will 1801 .Street,or this Washington,DC Title VII,42 U.S.C.200oe-5(b)and 8(e),
meet on August 6.2002.The meeting 20507.Copies of this notice are end may not be disclosed to members of
will be held at the address noted earlier available In the following alternate the public.Officials of stale or federal
In this notice. formals:largo print,braillo,electronic governments are not members of the
Section 176A(b)(2)or the Clean Air file on computer disk,and audio-tape. public.The second now routine use
Act Amendments or 1990 specifies that Coppies may be obtained from the would permit disclosure of Information
the meetings of the OTC are not subject i ublications Center by calling 1-800- to federal officials in connection with
to the provisions of the Federal 699 3362. hiring,issuing a security clearance.or
Advisory Committee Act.This meeting FOR FURTHER INFORMATION CONTACT: conducting a background check.The
will be open to the public as space Themes J.Schlegetar,Assistant Legal Commission has dolorminod that these
permits. Counsel or Kathleen Orem,Senior proposed routine uses are compatible
Type of Meeting:O en. Attorney(202)663-4669(voice)or(202) wit the law enforcement purpose or the
Agenda:Copies of go final agenda 663-7020(TDD), systems of records.
will be available from the OTC office SUPPLEMENTARY INFORMATION:Tito Equal EEOF5 General Correspondence
(202)508-3840(by a-mail: Employment Opportunity Commission Records.The system of records was
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 or records covering those riles. clearances are proposed to be added to
systems in many offices. Six routine uses are proposed for the this system as well.They nre described
t:EOG7 Employee Pay and Leave 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 now
replace the General Services certain provisions or the Privacy Act routine use permitting disclosure of
Administration with lite Department of pursuant to sections(1)(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 Fadaral Raeggislor proposing part 1614.Finally,the Commission
Department of the Interior. amendments to M's Privacy Act proposes to add a new routine use
EEOC-8 Employee Travel and regulations diet describe those permitting disclosure of information to
Reimbursement Records.Routine use a exempptions. potential witnesses during the course of
was amended to replace the General EE&!17Defensive litigation Files. 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 20 CFR part 1614.The
switched its financial management tracking system and riling 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 or files containing compatible with the law enforcement
EEOC-9 Claims Collection Records, 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 oral[EEOC systems
the General Services Administration defense of lawsuits brought against the or 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 For the Commission.
administrative services from GSA to the the Office of Legal Counsel's defensive
Department or ilia Interior. litigation files.The system covers all Carl M.Dominguez,
C•EOC-12 Telephone Call Detail documents related to civil or Chair.
Records.The categories of individuals administrative litigation brought against EEOC systems of Records
and records were amended to include the Commission,which are retrievable EEOC-t A n and Equal U.S.government phone card holders by the name or the individual who filed Discrimination Casa Files.Act
and phone card records,Including the litigation or the name of the
billing tards. CCOC-z Altomay Referral List.
gg Individual witnesses who gave EEOC-s Title Vii and Americans With
EEOC-13 Employee Identification testimony,affidavits or declarations Disabilities Act Discrimination Casa
Cards.The categories of records was during the course or such litigation.Five Files.
amended to cover proximity card lists routine uses are proposed far the new MIX-4 Biographical Files.
and records throughout the agency, system. EEOC-9 Correspandonco and
where applicable.The system was EEOC-16 Reasonable Communications.
previously limited to Headquarters Accommodation Records.The =, -a Employee Assistance Program
proximity card holders. Commission has Issued an Internal Records.
EEOC-45 Internal Harassment order establishing procedures for EEOC-7 Employee Pay and Leave Records.
Inquiries.The Commission approved an EEOC-a Employee Travel and
In
q pp For reasonable accommodation Reimbursement Records.
internal order governing Invostigolions For individuals with disabilities under EEOC-•S Clalms Collectloo Rocards.
of allegations of harassment mado by the Rehabilitation Act of 1973•This new EEDC-10 Grievance Records.
EEOC employees.This new system of system of records covers all current and ECDC-1 t Records of Adverse Actions
records covers current or former EEOC former EEOC employees and applicants' Against NonprufarenceEligibles In tits
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, EEOC-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 tract:decisions on ECOC-15 Iniornal Harassment Inquiries.
correspondence and exhibits.Nine requests.Four routine uses are proposed EEOInva Office of Inspector Gonaral
routine uses are proposed ror the for the system. Invusti Defensive Files.
EEOC-17 Dnfnnaivn Litigalfon Silas.
system.In addition.It is proposed to The proposed routine uses in the four EEOC-le Reasanoble Accommodation
exempt this system from certain now systems or records noted above Rocords.
provisions of the Privacy Act pursuant meet the compatibility criteria since the EEOCIGOVT--1 Equal Employment
to section(k)(2)of the Act.A Notice of Information Involved Is collected for the Opportunity in the Fudoral Government
Proposed Rulamaking Is published purpose of the applicable routine uses. Complaint and Appeal Records.
separately in today's Federal Register We anticipate that any disclosure EEOC-.t
proposing amendments to EEOC's pursuant to these routine uses will not
Privacy Act regulations that describe result In any unwarranted adverse SYSTEM NAMQ*
this exemption, affects on personal pprivacyy. Age and Equal Pay Act Discrimination
E1;OGiG Office of Inspector General EEOCIGOVT 1 L'quol Employment Case Files.
Investigative Files.The Office of the Opportunity in the Federal Government
Inspector General has reorganized its Complaint and Appeal Records,The SYSTEM LOCAMR:
filing system and will be maintaining Its two routine uses proposed to be added Field Office where the charge or
investigative riles by the name of the to 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/Tuosday, July 30, 20021 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 321 of the Government the extent that the information is
of 1901 are located in the Office of Employees Rights Act of 1091. 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 SYS M,INCLUDING CATEGORIES OF USERS AND POLICIES AND FRACTICes FOR 3TORING,
has been requested. THE PURPOSES OF SUCH USES. RETAIEVk10,ACCESSING,RETAINING,AND
CATEGORIES OF INDIVIDUALS COVERED BY THE These records and information in DISPOSING OF RECORDS IN THE SYSTEM:
SYSTEM: these records may be 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 P
employer,employment agency or labor necessary to perform l e Commission's REnmAalurr.
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 ilia Equal Pay Act of 1963,or b.To disclose information contained and charge number.
who file complaints under section 321 in these records to state and local
or the Government Employees Rights agencies administering state or local fair UnoUARm:
Act of 1991. employment practices laws. paper records are maintained In a
CATEGORIES RECORDS W THE SYSTEM: c.To disclose non-confidential and secured area to which only authorized
non-privileged Information from closed personnel have access.Access to and
This system contains the records ADEAIEPA case files(a file is close 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 promises are locked
complaints investigation
section 3x1 off sue)to the employer where a lawsuit when authorized personnel are not on
P has been filed against the employer duty.Access to computerized records is
the Government Employees Rights Act Involving that information,to other limited,thro thugh use of access codes and
of 1991.These records include: employees Of the some employer who entry logs,oi ose 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,personal 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 retard of months following ilia 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 tiles.records of earnings, the request of a party to the charge. action or pattern and practice cases are
employee benefit plans,seniority list, o.To disclose pertinent information to retired to the Federal Records Center
job titles and descriptions.applicant ilia appropriate federal,slate 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 ilia data of the
c.Records gathered and generated by ►vlhere the EEOC becomes aware of an last action.Negotiated settlement files
EEOC in die course of its investigation Indication of a violation or potential are destroyed lane 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 re ulotion. is signed or after all obligations under
Rights Act of 1991,during the hearing, 1,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 ore realized in concurrent Age,Equal
correspondence with stale fair administrative proceeding being Pay,and Title VII cases,the file is
employment practices agencies,witness conducted by a federal agency when ilia destroyed three years after the date of
statements.investigator's notes, government is a art to the judicial or the last action.Other files are retired to
Investigative plan,report of initial and dministrative proceeding.. the Federal Records Center one year
exit interview,investigators analyses of g.To disclose Information to officials after the data of the last action,
evidence and charge,subpoenas, of state or local bar associations or including action in the federal courts or
decisions
i lion agreements,letters of determination, disciplinary boards or committees when the last compliance review(Ilia final
they are investigating complaints report submitted by ilia respondent after
correspondence and any additional against attorneys In connection with conciliation to Indicate compliance)and
evidence gathered during ilia course of their representation of a party before destroyed after three additional years,
ilia investigation. EEOC, except landmark cases.Landmark cases
AUTHORITY FOR MAaVTENANCE OF THE SYSTEM: h.TO disclose 10 a Federal agency In are transferred to the nearest Federal
5 U.S.C,301;29 U.S.C.200.211,216, the executive,legislative,Or judicial Records Center two years after final
217,625;44 U.S.C.3101;2 U.S.C.1220. branch of government,in response to its court action and offered to lie National
request Information in connection with Archives ten years after final court
PURPOSE15): the hiring of an employee,ilia Issuance action,
This system is maintained for lie of a securlly clearance,ilia conducting
purpose of enforcing the prohibitions of a securily orsullability investigation SYSTEM MANAGER(S)AND ADDRESS:
against employment discrimination of an individual,lie classifying of jobs. Director of ilia field office whore the
contained in[he Age Discrimination In or the lawful statutory,administrative, charge was filed(see Appendix A).
Federal Register/Vol. 67, No. 146/Tuesday, July 30, 2002/Nat(cos 49341
Director of the Office of Federal RETRIEVAMLI Y: e.Documents submitted by charging
Operations,1801 L Street.NW.. Indexed alphabetically by names of party,such as charge of discrimination,
Washington,DC 20507. the attorneys. personal Interview statement,medical
and correspondence.
sYSYSTEM E>tEMPrFa FROM CERTAIN PROYtSRON$ sAFEDUARDS; records
Documents submitted b employer
of THE ACTS 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
(a)(1),(e)(4)(G).(e)(4)(H).(a)(4)(1)and(q This system is stored in filing cabinets. as personnel files,records ofeamings,
of the Act. Access to computerized records is EEO data,employee benefit plans,
EEOC-2 limited,through use of access codes and seniority list,job titles and descriptions,
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.
srsrEM tocATloN: Files a a Records gathered and generated by
reviewed and updated FEOC in the Course of its investigation
All District Offices(see Appendix A). annually. such as letters to state or local fair
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM MANAGERIS)AND ADORES$; employment practice agencies,
SYSTEM: Regional Attorney at each District correspondence with state fair
Attorneys who represent plaintiffs in
Office(see Appendix A). employment practice agencies,witness
pPa statements,Investigator's notes,
employment discrimination litigation. NOTIFICATION PAoceoupe: Invastigallve plan,Investigator's
CATEGORIES OF RECORDS IN THE SYSTEM: Inquiries concerning this system of analyses of the evidence and charge.
This system contains attorneys' records should be addressed to the report of initial and exit Interviews,
names.business addresses and appropriate system manager.It is copy of deferral to slate,subpoenas,
telephone numbers,the nature and necessary to furnish the following decisions and letters Of determination,
amount of civil rights litigation information:(1)Full name of ilia analysis of deferral agency action,
experience.state and federal bar individual whose records are requested; conciliation agreements,
admission,whether the attorneys have (2)mailing address to which reply correspondence and any additional
the capacity and desire to handle class should be sent. evidence gathered during the course of
actions;whether the attorneys charge RECORD ACCESS PROCEOURES: the investigation.
consultation foes(end how much); Same as above. A1ITHGRITY FOR MAINTENANCE OF THE SYSTEM:
whether the attorneys will walve the 5 U.S.C.301;42 U.S.C.20009-3,-B
consultation fee;the types of foe CONTESTING RECORD PROCEDURES: and-D;42 U.S.C.12117;44 U.S.C.3101.
arrangements the attorneys will accept, Same as above.
and whether the attorneys speak a PURPOSE($):
foreign language fluently. RECORD SOURCE CATEGORIES: This system is maintained for the
The individual an whom the record is purpose of enforcing the prohibitions
AUTHORITY FOR MAINTENANCE OF THE SYSTEM; maintained. against employment discrimination
42 U.S.C.2000a-4(g);44 U.S.C.3101. EEOC-3 contained in Title VII of the Civil Rights
PURPOSE($); Act of 1954 and the Americans with
This system is maintained for the SYSTEM NAME, Disabilities Act of 1090.
With i
d A
Vil an Americans purpose of providing charging parties, Title ROUTINE USES OF RECORDS MAIITAINED UI 111E
upon their request,with information Disabilities Act Discrimination Case Files SYSTEM,INctualNG CATEGORIES of USERS AND
.
about local attorneys who represent THE PURPOSES OF SUCH USES:
plaintiffs in employment discrimination SYSTEM LOCATION: These records and information in
litigation. Field Office where the charge of these records may be used:
ROUTINE USES OF RECORDS MAINTAINED IN THE discrimination was filed(see Appendix a.To disclose pertinent Information to
A). a federal,state,or local agency or third
THE PURPOSES POSES OF SUCH USES: of USERS AND party as may be appro priate or
SHE PURPOSES OF SUCH USES: CATEGORIES OF INOMMAL3 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 federnl employees Rights Act of 1004 and the Americans
a.To refer charging parties to and applicants,who rile charges With Disabilities Act of 1090.
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.
an individual in response to an inquiry Act of 14184 or the Americans With c.To disclose non-confidential or
from the congressional office made at Disabilities Act of 1o00,or both. non-privileged Information contained in
the request of the individual. these records to t1Te following parsons
CATEGDRIES OF RECORDS IN THE SYSTEM: after a notice of right to sue has been
POLICIES AND PRACTICES FOR STORING, 'Phis system contains records issued;
RETRIEVING,ACCESSING,RETAINING,AND compiled during he investigation Of 1.Aggrieved arsons and their
DISPOSING OF RECORDS IN THE SYSTEM: race, olor,religion,sax,and national attorney 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. 148/Tuesday, July 30, 20021 Noticas
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 parson 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 liar behalf to act as the when authorized personnel are not on officials.
aggrieved parson'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 Includes for each the name,date and
3.Employers and their attorneys, entry logs,to those whose official duties Inc of birth,education,employment m
provided that the charging party or require access, p
aggrieved person has filod suit under history,and other biographical
Title Vll or ilia Americans With RETENTION AND DISPOSAL: information.
Disabilities Act.or both. Cases that are dismissed or closed for AUTHORITY FOR MAINTENANCE OF TIM SYSTEM:
d.To provide information to a other than no cause are destroyed six 44 U.S.C.3101,42 U.S.C.20DOe-4.
congressional office from the record of months following the data of dismissal
an individual in response to an inquiry or closure.No cause files that are 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 Infarmation 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 USER DI RECORDS MAINTAINED IN THE
a statute,rule,regulation or order, destroyed one year after the date of the SYSTEM,INCLUDING CATEGORIES OF USERS AND
Where EEOC becomes aware of an last action.Negotiated settlement files THE Those records OF sand Info
Indication of a violation or potential are destroyed one year after the calendar These records and information in
violation of civil or criminal law or year in which the settlement agreement than records may be used
regulation. is signed or after all obligations under a.To answer public and congressional
r.To disclose information to another the agreement are satisfied,whichever inquiries rogarding EEOC
federal agency,to a court,or to a party occurs later.Where monetary benefits Commissioners,General Counsels and
in litigation before a court or in an are realized in concurrent Ago,Equal Commission officials,
administrative proceeding being pay,Title V1I and Americans With POLICIES AND PRACTICES FOR STORING,
conducted by a federal agency when the Disabilities Act cases,the rile is RETRIEVING,ACCESSING,RETAINING AND
government is a party to the judicial Or destroyed three years after the date of MPOSING OF RECORO5IN THE 5YU M:
administrative proceeding. the last action.Other files are retired to STORAGE:
g.To disclose information to officials the Federal Records Cantor one year Stared in locking of disciplinary boards or committees after the date of the last action, g metal file cabinets
under the Control of a stale or lord including action in the federal courts or available to office employees and on
government when they are investigating the last compliance review(the final computer databases.
complaints against attorneys in report submitted by the respondent after RETREIVAS"M:
connection with their representation or conciliation to indicate compliance)and Indexed by last name of the
a party before EEOC. destroyed after three additional years, Commissioner,Ceneral 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 Cantor two years after final SAFEGUARDS:
request information in connection Willi court action and offered to die National Files are kept in the Office or
the hiring Of an ertrplayaa,the Issuance Archives tan years after final court Communications and Legislative
of a security clearance,ilia 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 MANAGER(S)AND ADDRESS: computerized records is limited,
or the lawful statutory,administrative. Director of ilia 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
agency's decision. OF THE ACT; RETENTION AND DISPOSAL:
POLICIES AND PRACTICES FOR STORING,
This system is exempt under 5 U.S.C. Maintained permanently.
RETRIEVING,ACCESSING,RETAINING,AND 552a(k)(2)from subsections(c)(3),(d), SYSTEM MANAGER(SI AND ADDRESS:
DISPOSING OF RECORDS IN THE SYSTEM: (e)(1),(e)(4)(G),(e)(4)(H),le)(4)(1),and(0 Director,Office of Communications
STORAGE: of the Act, and Legislative Affairs.Equal
These records are maintained in rile EEOC-4 Employment Opportunity Commission,
folders and in computer databases. 1001 L Street,NW.,Washington,DC
RETRIEVaawTY:
SYSTEM NAME: 20507.
These rocords are retrievable by Hlographical Files. NOTIFICATION PROCEDURES:
charging party name,employer name SYSTEM LOCATION: Inquiries concerning this system of
and charge number. records should be addressed to the
Office of Communications and system manager.Ali inquiries should
SAFEGUARDS: Legislative Affairs,Equal Employment furnish the full name of die individual
Paper records are maintained in a Opportunity Commission,1801 L Street, and the mailing address to which the
secured area to which only authorized NW.,Washington.DC 20507, reply should be mailed.
Federal Register/Val. 71, No. 80/Wednesday, April 26, 20081 Notices 24705
SYSTEM MANAGERS)AND ADDRESS: -actut Of thu 15M
t tD activities of the Inspectors General. Director of the office in the field laid Progmms,1801 L Street,NW.,
The Commission proposes to add a where the charge was filed(see t ashington.DC 20507.
n v system of records,EEOC-19, Appendix A).Director of the Office of Where an EEO cam plaint or Rna
Re olving Fund Registrations.The Field Programs,1801 L Street,NW., n Dilated grievance decision has eon
Cc mission's Revolving Fund was Washington,OC 20507.Director of the ap soled to EEOC or an individu has
solo lished by Congress to permit CC Office of Federal Operations,1801 L pat tioned EEOC for review of a
to pr vide equal employment Street,NW.,Washington,DC 20597 dec ion or the Merit Systems Pr laction
oppa unity training and technic (only for complaints filed under section Soa the system manager of th appeal
assist to at cost to employers a 321 of the Government Employees Right or pa ition file is the Director, tca or
indivi als and use the proceed for Act of 1091). redo 1 Operations,1801 L Str et,NW.,
further fining and technical 2.EEOC-3.Title Vil and Americans Washt ton,DC.
assistan .The Revolving Fun With Disabilities Act Discrimination S.E Cr-19,Revolving Fun
proposes o keep a database Of Case Files,most recently published at Regis tions,is added as set orth
Informad a about the person who have 87 FR 49338,40341(Jul 30,2002),is below:
,attended i training or tech cal amended as eat forth below. EEOC-19
nsolstance rograms.The r stration
Information Is used by Rev ving Fund SYSTEM MANAOER(S)AND ADDRESS: SYSTEM NA
staff for the rogrom in cc ieciion with Director of the office in the field Revolvh Fund Regis Ions.
which it was ecoived an or mailings where the charge was filed(see SYSTEM LOC A ON:
about future rams. roe routine Apppandix A).Director of the OMCO of Rovolvin Fund Divisi n,Office of
uses are prop d for th new system. Field programs,1801 L Street,NW., Field Pregrn s,Equal E playment
Thu Commis on also reposes to Add Wshin tan,DC 20507. Opportunity ommissi ,1801 L Street,
a now system a cord ,EEOC-20, NW.,Washin ton,DC 507•
RESOLVE Pros Re rds.RESOLVE neral Investigative Files,most
is EEOC's ipmaEa alt ative dispute re Bally published at 67 FR 49338, CATeaaRl13 OF VIDU COVERED BY THE
resolution progm , B RESOLVE 49 51(July 30,2002),I9 amondod s sat SYSTEM:
Program provides rum to EEOC fari below. Individuals a Ister for or attend
employees for the i ormal resolution of " EEOC Revolving Fu programs,
a variety or wnrkpl disputes as an courses and can ro cos and who
ROM
USE!OF RECORDS wUNTAIN IN THE
alternalive t a t ha edures that SYSTEM, NCLUOINO CATEGORIES OF s Anal purchase publics s and products.
employees traditf no y use to resolve THE PUR SES OF SUCH USES: CATEOORIES OF RECD S IN THE SYSTEM:
disputes,such as he O complaint 0 • + The system con no tits names,job
process and the egoti ad and To dt lose informatio to y j
administrative levant procedures. S. titles•company, nization or agency
P authorize fffcials of the sidant's names.bu9InB99 d sses and hone
RESOLVE cov a varie of common Council an togrity and ciency P
workplace dis utes and sues,such as numtwrs,email ddr sees,any
P (PCIE)and a Executive until on reasonable ace mo lion requested,
terms and ca Itions of a ployment, Integrity and Ificiency •CIEI.the and attendant or ur ase dales.Some
requests Tarr asoneble ac mmadBtion pepnrimani o ustice,a d the Federal of t110 records a can Din payment
and allegati s of employ ant Burenu of inv igatio far the purpose lnrarmalian,t e Indust or the
discriminat n.Three rout! a uses are of conducting q Billet' a assessment corn an a
proposed f r this new systn reviews of the O ica f Inspector Bstabpf islyme eta size ilia
Tito pro used routine uses ar EEOC- Cenarol's inveslig It separations.
16,0 lic of Inspector Conern h.To disclose in rmation to AUTHORITY F MAINTENANCE THE SYSTEM:
Invastig iva Files,and the tw authorized official f the PCIE and the 42 U.S.0 2000e-4(k)•
propose new systems of tecor s meet ECIE for their pre lion of reports to
thu cot patibllity criteria since l ie the President an the ongress on the PURPOSE(S)
inform tion involved is calleclo for the activities or the p ors General. These ords Bre mainle led For the
purp0 a of the applicable routine sea. 4.EEOC/CO -1,E al Employment purpose f administering Re olving
We a ticipato that any disclosure Opportunity f the Fed al Government Fund pr grams and publlcle g future
purl ant to those routine uses wiI not Complaint an Appeal R rds,most progra .
res tin an unwarranted adverse scantly pub shed at 87 40336,
y 40359(Jul 0,2002).is a ended as sat RatrTiNE of RECORDS NAM em THE
elf Is on personal privacy. forth belaw SYSTEM INCLUMa cATEooRms OF ER9 AND
inally,the Commission has amen ad THE PU POSES OF SUCH USES:
A pandix A to reflect the currant na es SYSTEM M GER(S)AND AMMES Tit a records and infarmatio in
a d addresses of its officoa in the fiel Within to agency or depart ant thus records may be used to:
Fur thu Cummission. where complaint ordiscrin notion o. and mailings to registrants nd
was fil ,the system manager I the 4110 does advertising future Revo Ing
ad M.Ilnrningunz. Direct of the Office of Equal Fu d programs.
Empl ment Opportunity or cilia .To provide information to a
Accordingly,11 is proposed that: offic' designated as responsible r the c gressional office from the ecor of
1.EEOC-1,Age and Equal Pay Act ad nistration and enforcement of d Individual in response to an inq try
Discrimination Case Files,most recently an regulations within the agency or f t mathuesl of that individual made t
published at 67 Fit 49338,40330(July d pparlent. g y C To disclose infarmatfan tD,anoth
30,2002),is amended as set forth below, Ulrhere an individual has requested a edam!agency,to a court,ar to a par!
• f R f • ring-ilia 914le��Ha
, l�av��JJ'�a
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/2/2016 - Ordinance No. 22323-08-2016
DATE: Tuesday, August 2, 2016 REFERENCE NO.: ""'C-27824
LOG NAME: 02EEOC2016
SUBJECT:
Authorize Execution of a Contract with the United States Equal Employment Opportunity Commission in an
Amount Up to $75,750.00 to Process Employment Discrimination Cases for Fiscal Year 2016 for the
Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance (ALL COUNCIL
DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Contract No. EEC45016C0080, with the United States Equal
Employment Opportunity Commission and accept funds in an amount up to $75,750.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Grants Fund in an amount up to $75,750.00.
DISCUSSION:
In January 1977, the United States Equal Employment Opportunity Commission (EEOC) recognized the
Human Relations Commission (HRC) as a local deferral agency and a Fair Employment Practice Agency
(FEPA) in accordance with Section 706(c) of the United States Equal Employment Opportunity Act of
1972, Title VII, of the Civil Rights Act of 1964, as amended. Pursuant to this section, the EEOC, prior to
asserting jurisdiction over employment discrimination charges, defers such charges for resolution to a
local or state agency having authority to enforce a local or state fair employment law similar to Title VII,
the Age Discrimination in Employment Act and the Americans with Disabilities Act.
On May 2, 2016, the HRC received Contract No. EEC45016CO080 from the EEOC indicating that the
EEOC would provide reimbursement for 101 charges of discrimination, 55 deferrals, funds for mandatory
EEOC training and funds for a joint EEOC/FEPA outreach, enforcement or training activity occurring
during the enforcement period (contract reimbursement timeframe) starting October 1, 2015 and ending
September 30, 2016. Reimbursement of program expenditures are as follows:
1. $70,700.00 for resolution of 101 charges of alleged discrimination at a cost of$700.00 per case;
2. $2,750.00 for deferral of 55 non-jurisdictional charges of discrimination at a cost of$50.00 per case;
3. $1,300.00 for reimbursement of expenses relating to mandatory training at an EEOC sponsored annual
conference; and
4. $1,000.00 for a joint EEOC/FEPA enforcement, outreach or training activity in support of the strategic
enforcement plan or a district complement plan.
Logname: 02EEOC2016 Page 1 of 2
On May 9, 2016, the Fort Worth HRC voted to approve the EEOC contract and seeks authorization from
the City Council to allow the execution of Contract No. EEC45016CO080 with the EEOC to process
employment discrimination cases.
The United States Equal Employment Opportunity Commission serves ALL COUNCIL DISTRICTS.
This contract will be with a governmental entity, state agency or public institution of higher education:
(United States Equal Employment Opportunity Commission).
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, receipt of the
reimbursement grant and adoption of the attached appropriation ordinance, funds will be available in the
current operating budget, as appropriated, of the Grants Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
21001 0020413 4310006 G00074 990203 2016 $75,750.00
21001 0020413 5XXXXXX G00074 990203 2016 $75,750.00
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �mount
ID ID Year Chartfield 2
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Angela Rush (6155)
Additional Information Contact: Tracy Bancroft Lasseter (8988)
Logname: 02EEOC2016 Page 2 of 2