HomeMy WebLinkAboutOrdinance 22920-09-2017 Ordinance No. 22920-09-2017
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE GRANTS OPERATING FUND IN THE AMOUNT OF $81,250.00, 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
PROCESSING 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 2016-2017 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Fund in the amount of $81,250.00 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 processing employment discrimination charges for Fiscal Year 2017.
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 orjudgment 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. 22927-09-2017 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said prior ordinances and appropriations are hereby expressly repealed.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: CITY SECRETARY
Christopher Troutt, Senior Assistant City Attorney a J. Ka&
ADOPTED AND EFFECTIVE: September 26. 2017
^` U.S. rQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Washington, D.C. 20507
♦L�+�oMv
JUN 0 6 2017
Office of the ChicrFinancial Officer
Fort Worth I luman Relations Commission
Angela Rush, I luman Relations Administrator
1000 Throckmorton St.
Fort Worth. 'rexas 76102
Subject: Contract No, EEC4i016C00801'00002
Dear Ms. Rush:
Enclosed is a copy of the Standard Form (SF)30 ol'the entire contract modification and all
attachments.
In order to expedite the execution of this contract, please return two (2) signed copies of the
SF 30, Page 1, only within ten (10) clays from receipt of this letter to the following Address:
Equal Employment Opportunity Commission
Acquisition Services Division
131 M Street, N.E.,4", 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 30. 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(I) fully executed copy of the contract will be returned
to you for your tile.
If you have any questions, please call me on (202) 663-4219.
Sincerely,
Caroline Fowler, Contracting Officer
Acquisition Services Division
Enclosure(s)
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1.CONTRACT ID CODE PAGE OF PAGES
2.AMENDMENT/MODIFICATION NO 3 EFFECTIVE DATE 4 REQUISITION/PURCHASE REQ.NO. 5.PROJECT NO (IJopplicoble)`
EEC4501600080POOD02 -01/2016 See Schedule
6.ISSUED BY CODE aI 7 ADMINISTERED BY (1Jatherthan Item 6) CODE
EEOC OCFO ASD EEOC Dallas District Office
131 M Street, N,:.,, Ith Floor 207 S. Houston Street
Washington, DC , Js Dallas, TX 75202-4726
8.NAME AND ADDRESS OF CONTRACIOR (No.,street county,5tate ondZIPCode) (X) 9A,AMENDMENT OF SOUCIATION NO
FORT WORTH, CITY OF
FORT WORTH HUMAN RELF;PIOtIS COt4TiISSI N
1000 THROChMORTON
FORT WORTH, TX. 76102-6312 9B.DATEO (SEEITEMIJ)
10A.MODIFICATION OF CONTRACT/ORDER NO
EEC45016COOSO
10B.DATED (SEE 17E M 13)
CODE LOC8246147_ , FAGUTYCODE
11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
❑ The above numbered solicitation is amended asset forth in Item 14. The hour and date specified for receipt of Offers ❑ is extended, ❑ is not extended.
Offers must acknowledge receipt of this amendment prior to the hour and date specified in tire solicitation or as amended,by one of the following methods:
(a)BY completing items 8 and 1S,and returning cop es of the amendment,(b)By acknowledging receipt of this amendment an each copy of the offer submitted,
or(c)By separate letter or telegram which includes a reference to the sobccaation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE
DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE lJOUR ANO DATE SPECIFIED MAY RESULT IN REJECTION OF YOUROFFER.If by virtue of this amendment your desire to change an offer
already submitted,such than a may be made by`etegram o letter,p ov'ded each telegram or letter makes reference to the solicitation and this
amendment,and is received Nior to the opening!tour and date spec t cit.
12.ACCOUNTING AND APPROPIRATION DATA (11requued)
See Schedule
13.THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTS/ORDERS.
IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14.
CHECK ONE A.THIS CHANGE ORDER IS ISSUED PURSUANT TO. (Speclfyouthanty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER
NO.IN ITEM IDA.
B. THE ABOVE NUMBERED CONTRACTIORDER 15 MODIFIED TO REFLECT THE ADM`NISTRATIVE CHANGES (suchas changes In paying office,
opprapriationdate-,etc. )SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43 1031b;
❑ C. THIS SUPPLEMENTAL AGREEMENT 15 ENTERED INTO PURSUANT TO AUTHORITY OF.
X 0. OTHER (SpecrJytypeoJmodrfitatranandautharity)
Se:.coon 1, 52.217-9 Option to Extend the Tenn of the Contract.
E.IMPORTANT: ContractorE] is not, M is required to sign this document and return 2 copies to the issuing office.
14 DESCRIPTION OF AMENDMENT/MODIFICATION I Organized byUCF section headings,including sohmation controctsubjectmatrerwherefeasible.)
MODIFICATION CONTROL NUMBER LL'C4501 uC''00flO110000
SUMMARY OF CHANGES E..ERCISE: OPTION YIEAR. 1
PURSUAIT TO SECTION 1, 52.217-9 EII'FIi'LED "OPTION TO EXTEND THE TERM OF THE CONTRACT",
THE GOVERNMEIN' HEREBY EXERCISES OP`T'ION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A
PERIOD 01' 'rwELVE 12) MONTHS COMMEITCING ON OCTOBER 1, 2016 THROUGH SEP'CEMBER 30, 2017.
(SEE A'I'TACHt•IEN'F 110_ 1 FOR DETAILS)
Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and In full force and effect.
15A.NAME AND TITLE OF SIGNER (rypeorprnnt) 16A.NAME AND TITLE OF CONTRACTING OFFICER f rypearprint)
Fowler, Caroline A
Contracting Officer
158.CONTRACTORIOFI LRQR ISC DATE SIGNED 168.UNITED STATES OF AMERICA 166 DATE SIGNED
ignature of person outhooie tosign ignatureo Contracting icer
NSN 7540.01-152.8070 STANDARD FORM 30 [REV.10.83)
Previouseditli nunusable Prescribed by GSA FAR(48 CFR)53.243
L LC4501600080l'00002
Page 2 ort
Summary of Changes
Modification Changes
Effective as of the date of this Modification No. EEC45016CO080 is revised as follows:
1, Line Number 0005: OPTION YEAR 1 -Title VII, ADEA, ADA, AND GINA CHARGE RESOLUTIONS:
Action: 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.
Period of Performance 10/01/2016 --09/30/2017
Unit of Measure and Quantity: 107 ea
Unit Price: $700.00
Contract Type: Firm Fixed Price
Charge Account 201710100B1717Dj10SLPPSIFPSLP1NA12510101999996199991SLCRINAINAINA
Funded Value: $74,900.00
2. Line Number 0006: OPTION YEAR 1 -Title VII, ADEA, ADA,AND GINA INTAKE SERVICES
Action: Provide Intake Services for charges, with affidavits, filed during the period October 1, 2016 to September 30,
2017. Period of Performances 10/01/2016 --09/30/2017
Unit of Measure and Quantity. 55 ea
Unit Price: $70.00
Charge Account 20171010061717 DI10SLPPSI FPSLPINA12510101999996199991SLINTKINAINAINA
Funded Value: $3,850.00
3. Line Number 0007: OPTION YEAR 1 -FY 2017 EEOC/FEPA TRAINING CONFERENCE:
Action: Training to facilitate successful completion of contract, which must include attendance at EEOC—
Sponsored Annual Conference.
Period of Performance: 10/01/2016 --09/30/2017
Unit of Measure and Quantity: 1 ea
Unit Price: $1,500.00
Charge Account: 201710100B1717D110SLPPSIFPSLPINA12510101999996199991SLTRNGINAINAINA
Funded Value: $1,500.00
4, Line Number 0008: OPTION YEAR 1 -FY 2017 FEPA ENGAGEMENT FUNDING:
Action: Submission of an acceptable written proposal detailing a joint EEOC/FEPA enforcement, outreach, or training
activity in support of a Strategic Enforcement Plan or District Complement Plan.
Period of Performance: 10/01/2016—09/30/2017
Unit of Measure and Quantity: 1 ea
Unit Price: $1,000.00
Charge Account: 201710100B1717D110SLPPSIFPSLPINA12510101999996199991SLJOUTINAINAINA
Funded Value: 51,000.00
Reference Requisition No.: FP170091
5. As a result of this modification, the grand total for the contract is increased by $81,250 from $73,900.00 to$155,150.
6. Except as stated above, all other terms and conditions remain unchanged.
ATTACHMENT NO. I
In addition, listed below are the revised Sections of the contract:
Section C - DESCRIPTIONS AND SPECIFICATIONS
Section 11, Paragraph B of the Statement of Work—The last sentence is revised to read as
follows:
From: Upon execution, the Worksharing Agreement dated 10/27/2015, is incorporated-
by
ncorporatedby reference into this contract.
To: Upon execution, the Worksharing Agreement dated 11/12/2016, is incorporated
by reference into this contract.
Section 1I, Paragraph E of the Statement of Work is revised to read as follows:
From: It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principles for State and Local FEPA for
Fiscal Year 2016 are incorporated in their entirety into this contract.
To: It is understood and expressly agreed to by both parties to this contract that all
provisions of the EEOC's Contracting Principles for State and Local FEPA for
Fiscal Year 2017 are incorporated in their entirety into this contract.
Section III. Paragraph B of the Statement of Work is revised to read as follows:
From: All charges submitted for credit under this contract shall be completed by the
Contractor between October 1,2015 and September 30,2016 as follows:
To: All charges submitted for credit under this contract shall be completed by the
Contractor between October 1, 2016 and September 30,2017 as follows:
Section F - DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
Paragraph F.I A is revised to read as follows:
From: 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 I, 52.217-9 "Option to Extend the
Term of the Contract').
To: A. The period of performance under this contract shall be from October 1,
2016 through September 30, 2017.
Page 1 of 5
ATTACHMENT NO. I
F.2 TIME OF DELIVERY/DELIVERABLES
F.2.A.1 —The last sentence is revised to read as follows:
From: A determination not to award contract credit made may be reversed under the
procedures set forth in Section III.B.5.a. of the FY 2016 Contracting Principles.
To: A determination not to award contract credit made may be reversed under the
procedures set forth in Section 111.13.5.a. of the FY 2017 Contracting Principles.
Paragraph F.2.A 2 is revised to read as follows:
From: Enter basic charge data into the IMS or successor system within five business
days of the Contractor's receipt of each charge as set forth in Section III.13.5.a of
the FY 2016 Contracting Principles in order to be eligible to receive contract
credit.
To: Enter basic charge data into the IMS or successor system within five business
days of the Contractor's receipt of each charge as set forth in Section I11.13.5.a of
the FY 2017 Contracting Principles in order to be eligible to receive contract
credit.
Paragraph F.2.A.3 is revised to read as follows:
From: Provide EEOC with a list of final actions within a time frame agreed upon by the
COR and the Contractor, but usually no later than 30 calendar days after the
resolution of each charge to meet the requirement of Section 111. 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.
To: Provide EEOC with a list of final actions within a time frame agreed upon by the
COR and the Contractor, but usually no later than 30 calendar days after the
resolution of each charge to meet the requirement of Section I1I. B.2 of the FY
2017 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.
Paragraph F.2.B.4 is revised to read as follows:
From: 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.
Page 2 of 5
ATTACHMENT NO. 1
To: 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 2017 contract must be received by the EEOC prior to September 30,2017.
Paragraph F.2.0 is incorporated as follows:
C. Proposal for FY 2017 FEPA Engagement
From: 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.
To: The Contractor must submit to the Contracting Officer Representative prior to
September 30, 2017,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
Replace Section G.1 with the following:
G.1 CONTRACT ADMINISTRATION DATA
A. Contracting Officer: See Block 20A of SF 26
B. Inspection and Acceptance: See Section E of the Schedule
C. Accounting and Appropriation Data: See Accounting Line Accounting and
Appropriations Data
D. Contracting Officer's Representative:Jaime Valdez,State and Local
Program Manager
Dallas District Office
Telephone: (210) 281-7661
E. Paying Office: See Block 12 of SF-26
Page 3 of 5
ATTACHMENT NO.
F. 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.5 PAYMENT SCHEDULE
Paragraph G.5 is revised to read as follows:
From: Upon contract execution, an advance payment invoice 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 (April 11,July 11,and October 11,
2016). No payment will be made until the contract and subsequent
modifications, if any, are returned, properly executed, to the Equal Employment
Opportunity Commission,Acquisition Services Division, 131 M Street, N.E., 4'1'
Floor, Washington, D.C. 20507.
To: Upon contract execution, an advance payment invoice 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. No payment will be made until the
contract and subsequent modifications, if any, are returned, properly executed, to
the Equal Employment Opportunity Commission, Acquisition Services Division,
131 M Street, N.E., 4"' Floor, Washington, D.C. 20507.
Section H — SPECIALCONTRACT REQUIREMENTS
Paragraph H.LAA is revised to read as follows:
From: Pursuant to Paragraph 5(b)of the EEOC Memorandum of Understanding with the
Office of Federal Contract Compliance Programs (OFCCP), information
compiled by OFCCP and provided to the EEOC may be provided to an FEP
Agency(i.e. the Contractor)upon its request. It is further understood and agreed
that the Contractor will not disclose to the public any such information without
first requesting and obtaining the express written approval of the Director of
OFCCP.
To: Pursuant to Paragraph 4(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
Page 4 of 5
ATTACHMENT NO. I
that the Contractor will not disclose to the public any such information without
First requesting and obtaining the express written approval of the Director of
OFCCP.
Paragraph H.10 is incorporated as follows:
H.10 FEPA ENGAGEMENT FUNDING
From: 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 Ends to be feasible and acceptable.
To: 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,
2017, 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.
Section J — LIST OF ATTACHMENTS
Section J is revised to incorporate Attachments C and D as follows:
From: Attachment C - Federal Register Notice, Dated April 26,2006 and July 30,2002
To: Attachment C- Federal Register Notice, Dated November 17,2016
Attachment D - Worksharing Agreement for FY 2017- l Page
Page 5 of 5
FY 2017 EXTENSION OF WORKSHARING AGREEMENT
Inasmuch as there have been no substantive changes in the processes,
procedures, statutes, policies or regulations that would adversely
affect or substantially alter the work sharing arrangement between the
EEOC's Dallas District Office and the City of Fort Worth, Human
Relations Commission, or that would affect the processing of charges
filed under the pertinent Federal, state or local statutes, the
parties agree to extend the current work sharing agreement that was
executed on November 12, 2015 through the FY 2017 Charge Resolution
Contract Option Period, from October 1, 2016 through September 30,
2017 . The agencies agree to work together in furtherance of the
provisions of EEOC' s 2012-2016 Strategic flan and the 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 . By executing this extension, the parties
agree to abide by the confidentiality provisions of GINA as well as
the other statutes cited in the agreement. This agreement, as well as
the attendant Worksharing Agreement may be reopened and amended by
mutual consent of the parties.
t:�"-Ad /oie)1,
Angela ush, Human Relations Administrator Date
OCT 1 "72016
Shirley Richardson, District Director Date
81118 Federal Register/Vol, 81, No. 222/Thursday, November 17, 2016/Noticas
For the Commission, necessary to assist in connection with bargaining agreements,and petitions to
Jenny R.Yang, EEOC's efforts to respond to the revoke or modify subpoenas.
Chalr. suspected or confirmed breach or to c.Records gathered and generated by
EEOC Systems of Records prevent,minimize,or remedy such EEOC in the course of its investigation
harm, and,in complaints filed under section
Universal Routine Uses. b.To another Federal agency or 304 of the Government Employees
EEOC-1 Age Discrimination in Federal entity when information from Rights Act of 1991,during the bearing,
Employment Act,Equal Pay Act,and this system of records is reasonably such as letters of referral to state fair
Section 304 of the Government necessary to assist the recipient agency employment practices agencies,
Employee Rights Act Discrimination or entity in(1)responding to a correspondence with state fair
Case Files. suspected or confirmed breach or(2) employment practices agencies,witness
EEOC-2 Attorney Referral List, preventing,minimizing,or remedying statements,lnvestigatot's notes,
EEOC-3 Title VII,Americans with the risk of harm to individuals,the investigative plan,report of initial and
Disabilities Act,and Genetic agency(including its information exit interview,investigator's analyses of
Information Nondiscrimination Act systems,programs,and operations),or evidence and charge,subpoenas,
EEOC-4 Biographical Files. the Federal government. decisions and letters of determination,
EEOC-5 Correspondence and conciliation agreements,
Communications. EEOC-1 correspondence and any additional
EEOC--6 Freedom of Information Act SYSTEM NAME: evidence gathered during the course of
and Privacy Act Records the investigation.
EEOC-7 Employee Pay and Leave Age Discrimination in Employment
Records. Act,Equal Pay Act,and Section 304 of AUTHORITY FOR MAlN'IEkANCE OF THE SYSTEM:
EEOC-8 Employee Travel and the Government Employee Rights Act 5 U.S.C.301-.29 U.S.C.209, 211,623,
Reimbursement Records. Discrimination Case Files. 626-.42 U.S.C.2000e-16c;44 U.S.C.
EEOC-9 Claims Collection Records. 3101;2 U.S.C.1220,
EEOC-10 Grievance Records. SYSTEM LOCATION:
EEOC-11 Adverse Actions Against Field Office where the charge or PURPOSE:
Nonpreference Eligibles in the Excepted Complaint of discrimination was filed This system is maintained for the
Service Records (see Appendix A).Records of purpose of enforcing the prohibitions
EEOC-12 Telephone Call Detail complaints filed under section 321 of against employment discrimination
Records, the Government Employees Rights Act contained in the Age Discrimination in
EEOC-13 Employee Identification of 1991 are located in the Office of Employment Act,the Equal Pay Act and
Cards. Federal Operations 131 M Street NE., section.304 of the Government
EEOC-14 Reserved Washington,DC 20507,after a hearing Employees Rights Act of 1991.
EEOCr15 Internal Harassment has been requested. ROUTINE USES OF RtCORDS MAINTAINED IN THE
Investigation Files. CATEGORIES OF INDIVIDUALS COVERED eY THE SYSTEM,INCLODINO CATEOORIES OF USERS AND
EEOC-16 Office of Inspector General SYSTEM: THE PURPOSES OF SUCH USES:
Investigative Files. Persons other than federal employees These records and information in
ees
EEOC-17 Defensive Litigation Files. P y these records may be used:
EEOC-18 Reasonable and applicants who file charges or a.To disclose pertinent information to
Accommodation Records. complaints with EEOC alleging that an a federal,state,or local agency or third
EEOC-19 Revolving Fund employer,employment agency or labor party as may be appropriate or
Registrations. organization has violated the Age necessary to perform the Commission's
EEOC-20 RESOLVE Program Discrimination in Employment Act of functions under the Aga Discrimination
Records. 1967 or the Equal Pay Act of 1963,or in Employment Act,Equal Pay Act,or
EEOC-21 Emergency Management who file complaints under section 304 section 304 of the Government
Records. of the Government Employees Rights Employee Rights Act of 1991.
EEOC-22 $EOC Personnel Security Act of 1991. b.To disclose information contained
Records. in these records to state and local
EEOC/GOVT-1 Equal Employment CATEGORIES OF RECORDS IN THE SYSTEM: agencies administering state or local fair
Opportunity in the Federal Government This system contains the records employment practices laws.
Complaint and Appeal Records. compiled during the investigation of age c.To disclose non-confidential and
Universal Routine Uses:The and equal pay discrimination cases and non-privileged information from closed
following routine uses of the records during the investigation and hearing of ADEAIEPA case files(a file is closed
apply to and are incorporated by complaints filed under section 304 of when the Commission has terminated
reference into each system of records the Government Employees Rights Act its investigation and has decided not to
published below: of 1991.These records include: sue)to the employer where a lawsuit
a.To appropriate agencies,entities, a.Documents submitted by charging has been filed against the employer
and persons when:(1)EEOC suspects or party or complainant such as charge of involving that information,to other
has confirmed that there has been a discrimination,personal interview employees of the same employer who
breach of the system of records;(2) statement,and correspondence, have been notified by the Commission
EEOC has determined that as a result of b.Documents submitted by employer of their right under 29 U.S.C.216 to file
the suspected or confirmed breach there such as statement of position, a lawsuit on their own behalf,and their
is a risk of harm to individuals,the correspondence,statements of representatives.
agency(including its information witnesses,documentary evidence such d.To provide information to a
systems,programs,and operations),or as personnel files,records of earnings, congressional office from the record of
the Federal government;and(3)the employee benefit plans,seniority list, an individual In response to an inquiry
disclosure made to such agencies, job titles and descriptions,applicant from the congressional office made at
entities,and persons is reasonably data,organizational charts,collective the request of a party to the charge.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices 81119
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a.To disclose pertinent information to RETENTION AND DISPOSAL: SYSTEM LOCATION:
the appropriate federal,state, or local All private sector charge files not All District Offices(see Appendix A).
agency responsible for Investigating, designated for permanent retention will
a statute,rule,,enforcing.
o ting.or oImplementing be retained for three years following the SYSTEMAIES OF INDIVIDUALS COVERED BY THE
g fiscal year in which they were closed.
where the EEOC becomes aware of an (For example,if a charge was Closed on Attorneys who represent plaintiffs in
indication of a violation or potential March 31,2014,in FY 2014,the three- employment discrimination litigation,
violation of civil or criminal law or year retention period would begin on
regulation. y p g CATEGORIES OF RECORDS IN THE SYSTEM:
f.To disclose information to another October 1,2014,which p the first day This system contains attorneys'
federal agency,to a court,or to a of will
2015.)These non-permanent files
per}' will be retained for one year in the names,business addresses andy
in litigation before a court or in an EEOC field office where the charge of telephone numbers,the nature and
administrative proceeding being discrimination was filed,Afterwards, amount of their civil rights litigation
conducted by a federal agency when the the non-permanent files will be experience;their state and federal bar
government is a party to the judicial or transferred to the Federal Records admissions;whether the attorneys have
administrative proceeding. Center(FRC).The FRC will destroy the the capacity and desire to handle class
S.To disclose information to officials files after the three-year retention period actions;whether the attorneys charge
of state or local bar associations or is met.Permanent files will be retained consultation fees(and how much);
disciplinary boards or committees when in the field office for three ears and whether the attorneys will waive the
they are investigating complaints y consultation fee;thees of fee
against attorneys in connection with then transferred to FRC.FRC will arrangements the attorneys will accept;
their representation of a party before transfer the files to the National and whether the attornespeaks a p
EEOC. Archives and Records Administration foreign language fluently.
h.To disclose to a Federal agency in (NARA)for permanent retention when
the executive, legislative,or judicial eligible, AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
branch of government,in response to its Closed non-permanent private sector 42 U.S.C.2000e-4(g);44 U.S.C.3101.
request for information in connection charge files that are the subject of
with the hiring of an employee,the Freedom of Information Act(FOIA) PURPOSE:
issuance of a security clearance,the requests are retained for six years after This system is maintained for the
conducting of a security or suitability the FOIA response is provided.The files purpose of providing charging parties,
investigation of an individual,the will be transferred to FRC one year after upon their request,with information
glassifying of jobs,or the lawful completion of all actions taken under about local attorneys who represent
statutory,administrative,or FOIA/Privacy Act.Alternatively,the plaintiffs in employment discrimination
investigative purpose of the agency to files may be included as part Of the litigation.
the extent that the information is permanent files retained by the EEOC
relevant and necessary to the requesting field office. ROUTINE USES OF RECORDS MAINTAINED IN THE
agency's decision. Closed private sector charge files that SYSTEM,INCLUDING CATEGORIES OF USERS AND
I.To disclose information to other are the subject of a Section 83 request THE PURPOSES OF SUCH USES:
federal agencies in accordance with are retained for six years after the These records and information in
Memoranda of Understanding or similar Section 83 response is provided.The these records may be used:
agreements between EEOC and other files will be transferred to FRC one year a.To refer charging parties to
agencies that provide for coordination, after completion of all actions taken attorneys who handle litigation of
cooperation,and confidentiality of under FOIA.Alternatively,the files may employment discrimination lawsuits.
documents in EEOC's employment be included as part of the permanent b.To provide information�o a
discrimination enforcement efforts, files retained by the EEOC field office, congressional office from the record of
POLICIES AND PRACTICES FOR STORING, an individual in response to an inquiry
RETRIEVING,ACCESSING,RETAINING,AND SYSTEM MANAGER(S)AND ADDRESS: from the congressional office made at
DISPOSING OF RECORDS IN THE SYSTEM: Director of the office in the field the request of the individual.
STORAGE: where the charge was filed(see POLICIES AND PRACTICES FOR STORING,
These records are maintained in file Appendix A).Director of the Office of RETRIEVING,ACCESSING,RETAINING,AND
folders and electronically. Field Programs,131 M Street NE., DISPOSING OF RECORDS IN THE SYSTEM:
Washington,DC 20507.Director of the
RETRIEVABILITY: Office of Federal Operations,131 M STORAGE:
These records are retrievable by Street NE.,Washington,DC 20507 (only Stored on prepared forms,on index
charging party name,employer name, for complaints filed under section 321 cards and electronically.
and charge number. of the Government Employees Right Act
of 1991). RETRIEVABILITY:'
SAFEGUARDS: Indexed alphabetically by names of
Paper records are maintained in a SYSTEM EXEMPTED FROM CERTAIN PROVISIONS the attorneys.
secured area to which only authorized OF THE ACT:
personnel have access.Access to and This system is exempt under 5 U.S.C. SAFEGUARDS:
use of these records is limited to those 552a(k)(2)from subsections(c)(3),(d), Access to this system of records is
persons whose official duties require (e)(1),(e)(4)(G),(e)(4)(H),(e)(4)(I)and(f) restricted to EEOC personnel who have
such access.The premises are locked of the Act. a legitimate use for the information.
when authorized personnel are not on This system is stored in filing cabinets.
duty.Access to electronic records is EEOC-2 Access to electronic records is limited,
limited,through use of usernames and through use of access codes and entry
passwords,to those whose official SYSTEM NAME: logs,to those whose official duties
duties require access. Attorney Referral List. require access.
81120 Federal Register/Vol. 81, No. 222/Thursday, November 17, 2016/Notices
RETENTION AND DISPOSAL: as personnel files,records of earnings, that the aggrieved person has given
Files are reviewed and updated EEO data,employee benefit plans, written authorization to the person who
annually. seniority lists,job titles and filed on his or her behalf to act as the
descriptions,applicant data, aggrieved person's agent for this
SYSTEM MANAGERS AND ADDRESS: organizational charts,Collective purpose,and their attorneys;
Regional Attorney at each District bargaining agreements,and petition to 3.Employers and their attormays,
Office(see Appendix A). revoke or modify subpoenas, provided that the charging party or
NOTIFICATION PROCEDURE: C.Records gathered and generated by aggrieved person has filed suit under
Inquiries concerning this system of EEOC in the course of its investigation Title VII,the Americans with
q g y such as letters to state or local fair Disabilities Act,Title II of the Genetic
records should be addressed to the employment practice agencies, Information Nondiscrimination Act of
appropriate system manager.It is correspondence with state fair 2008,or any combination of the three.
necessary to furnish the following employment practice agencies,witness d.To provide information to a
information:(1)Full name of the statements,investigator's notes, congressional office from the record of
individual whose records are requested; investigative plan,investigator's an individual in response to an inquiry
(2)mailing address to which the reply analysis of the evidence and charge, from the congressional of'ce made at
should be sent. report of initial and exit interviews, the request of a party to the charge.
RECORD ACCESS PROCEDURES: copy of deferral to state,subpoenas, 9.To disclose pertinent information to
decisions and letters of determination, the appropriate federal,state,or local
Sarna as above. analysis of deferral agency action, agencies responsible for investigating,
CONTESTING RECORD PROCEDURES: conciliation agreements, prosecuting,enforcing,or implementing
Same as above. correspondence,and any additional a statute,rule,regulation,or order.
evidence gathered during the course of where EEOC becomes aware of an
RECORD SOURCE CATEGORIES: the investigation. indication of a violation or potential
The individual on whom the record is violation of civil or criminal law or
maintained. AUTHORITY FOR MAINTENANCE OF THE SYSTEM'. regu lation.
5 U.S.C.301;42 U.S.C.2000e-5,-8 f.To disclose information to another
EEOC-3 and 4;42 U.S.C.12117;44 U.S.C. 3101, federal agency,to a court,or to a party
SYSTEM NAME: 42 U.S.C.2000--10. in litigation before a court or in an
Title VII,Americans with Disabilities PURPOSE: administrative proceeding being
Act,and Genetic Information This system is maintained for the conducted by a federal agency when the
Nondiscrimination Act Discrimination purpose of enforcing the prohibitions government is a party to the judicial Or
Casa Flies, against employment discrimination administrative proceeding.
To disclose to
contained 1Title VII of the Civil Rights of disciplinary boards or committees
Field
SYSTEM LOCATION; Act of 1964,the Americans with under the control of a state or local
Field Office where the charge of Disabilities Act of 1990,and Title II of government when the are Investigating
dA crimination was filed(see Appendix the Genetic Information omplaints against attorneys in g g
Nondiscrimination Act of 2008 connection with their representation of
CATEGORIES OF INDIVIDUALS COVERED BY THE ROUTINE USES OF RECORD$MAINTAINED IN THE a Party before EEOC.
SYSTEM: SYSTEM,INCLUDING CATEGORIES OF USERS AND h To disclose to a Federal agency in
Persons,other than federal employees THE PURPOSE$OF SUCH USES: the executive,legislative,or judicial
and applicants,who file charges These records and information in branch of government,in response to its
alleging that an employer,employment these records may be used; request for information in connection
agency,labor organization or joint labor- a.To disclose pertinent information to with the hiring of an employee,the
management apprenticeship committee a federal,state,or local agency or third issuance of a security clearance,the
has violated Title VII of the Civil Rights party as may be appropriate or conducting of a security or suitability
Act of 1964,the Americans with necessary to perform the Commission's investigation of an individual,the
Disabilities Act of 1990,Title 11 of the functions under Title VII of the Civil classifying of jobs,or the lawful
Genetic Information Nondiscrimination Rights Act of 1964,the Americans with statutory,administrative,or
Act of 2008{GINA),or any combination Disabilities Act of 1990,or Title II of the investigative purpose of the agency to
of the three. Genetic Information Nondiscrimination the extent that the information is
CATEGORIES OF RECORDS IN THE SYSTEM: Act of 2008, relevant and necessary t0 the requesting
b.To disclose information contained agency's decision.
This system contains records in these records to state and local I.To disclose information to other
compiled during the investigation of agencies administering state or local fair federal agencies in accordance with
race, color,religion,sex,national origin, employment practices laws. Memoranda of Understanding or similar
disability,and genetic information c.To disclose non-confidential or agreements between EEOC and other
discrimination cases.These recordsnon-privileged information contained in agencies that provide for coordination,
include: these records to the following persons cooperation,and confidentiality of
a.Documents submitted by charging after a notice of right to sue has been documents in EEOC's employment
party,such as a charge of issued: discrimination enforcement efforts.
discrimination,a personal interview 1, Aggrieved persons and their
statement,medical records,and attorneys in case files involving RETRIEVING,
AND PRACTICE,FOR STORING,
correspondence. Commissioner Charges provided that DISPOSING
ING,ACCESSING,RETAINING,AND
b.Documents submitted by employer such persons have been notified of their DI,PO5INO OP RECORDS 1N THE SYSTEM
such as position statement, status as aggrieved persons; STORAGE:
correspondence,statements of 2.Persons or organizations filing on These records are maintained in file
witnesses,documentary evidence such behalf of an aggrieved person provided folders and electronically.
Federal Register/Vol. 81, No. 222/Thursday, November 17, 2018/Notices 811.21
RETRIEVABILITY: Field Programs,131 M Street NE., SYSTEM MANAGER AND ADDRESS:
These records are retrievable by Washington,DC 20507. Director,Office of Communications
charging party name,employer name, and Legislative Affairs,Equal
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS
and charge number. OF THE ACT: Emplo Street NGp Washington DCsion,
SAFEGUARDS: This 552a(k){2)system
ml subsecexempions(c}(3)er 5�(d}C, 20507.
Paper records are maintained In ora (e)(1),(B)(4)(G),(e)(4)(H),(e)(4)(1),and(f)
eeCUl'ed area t0 Which Only authorized NOTIFICATION PROCEDURES:
personnel have access,Access to and of the Act. Inquiries conc6ming this system of
use of these records is limited to those EEOC-4 records should be addressed to the
persons whose official duties require system manager,All inquiries should
such access.The premises are lacked SYSTEM NAME: furnish the full name of the individual
when authorized personnel are not an Biographical Files. and the mailing address to which the
duty.Access to electronic records is reply should be mailed.
g
limited,through use of usernames and SYSTEM Loca7iON:
passwords,to those whose official Office of Communications and RECo110 oases$PROCEDURE$:
Legislative Affairs,Equal EmploymentSame ss above.
duties require access. g q
Opportunity ComulAssion,131 M Street CONTESTING RECORDS PROCEOURES:
RETENTION AND DISPOSAL: NE.,Washington,DC 20507. Same as above.
All private sector charge files not CATEGORIES OF INDIVIDUALS COVERED BY THE
designated for permanent retention will SYSTEM: RECORD SOURCE CATEGORIES:
be retained for three years following the The individual to whom the record
fiscal year in which they were closed. Current and former Commissioners, pertains.
(For example,if a charge was closed on General Counsels and Commission
March 31, 2014,in FY 2014,the three- Officials. EEOC-5
year retention period would begin on CATEGORIES OF RECORDS IN THE SYSTEM: SYSTEM NAME:
October 1,2014,which is the first day Includes for each the name,date and Correspondence and
of FY 2015.)These non-permanent files place of birth,education,employment Communications.
will be retained for one year In the history,and other biographical SYSTEM LOCATION:
EEOC field office where the charge of information.
discrimination was filed,Afterwards, All locations listed in appendix A and
the non-permanent files will be AUTHORITY FOR MAINTENANCE OF THE SYSTEM: all headquarters offices,131 M Street
transferred to the Federal Records 44 U.S.C.3101,42 U.S.C. 2000e-4. N8•,Washington,DC 20507,
Center(FRC).The FRC will destroy the CATEGORIES OF INDIVIDUALS COVERED BV THE
files after the three-year retention period PURPOSE' SYSTEM:
is met.Permanent files will be retained This system is maintained for the Chargins parties,members of the
In the field office for three years and purpose of providing information about general public,members of Cdngress
then transferred to FRC.FRC will EEOC officials to members of the and current and former federal
transfer the files to the National Congress and the public, employees who seek information or
Archives and Records Administration ROUTINE USES OV RECORDS MAINTAINED IN THE assistance from EEOC.
(NARA)for permanent retention when SYSTEM,INCLUDING CATEGORIES OF USERS AND
eligible. THE PURPOSES OF SUCH USES: CATEGORIES OF RECORDS 1N THE SYSTEM:
Closed non-permanent private sector These records and information in a.Inquiries from members of
charge files that are the subject of these records may be used Congress,the White House and
Freedom of Information Act(FOIA) a. o answer public congressional members of the general public,
Tc an
requests are retained for six years after including current and former federal
the FOIA response is provided.The files inquiries regarding EEOC employees.
will be transferred to FRC one year after Commissioners,General Counsels and b,EEOC responses to the above
completion of all actions taken under Commission officials. inquiries.
FOIA/Privacy Act.Alternatively,the POLICIES AND PRACTICES FOR STORING, c.Computer tracking system
i`ilas may be included as part of the RETRIEVING,ACCESSING,RETAINING,AND indicating the dates inquiries are
permanent files retained by the EEOC DISPOSING OF RECORDS IN THE SYSTEM: received,to whom and when they are
field office. STORAGE: assigned for response and the dates they
Closed private sector charge files that Stored
are answered.
are the subject of a Section 83 request d electronically,
are retained for six years after the RETRIEVABILITY: AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 83 response is provided.The Indexed by last name of the 44 U.S.C.3101-,42 U.S.C.2000e-4,
files will be transferred to FRC one year Commissioner,General Counsel or PURPOSE:
after completion of all actions taken Commission official. This system is maintained for the
under FOIA/Privacy Act.Alternatively, purpose of responding to inquiries from
the files may be included as part of the SAFEGUARDS: members of Congress and the public
permanent files retained by the EEOC Files are kept In the Office of seeking information or assistance.
field office. Communications and Legislative
Affairs,which is locked evenings, ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM MANAGER(S)AND ADDRESS: weekends,and holidays. SYSTEM INCLUDING CATEGORIES OF USERS AND
Director of the office in the field THE PURPOSES OF SUCH USES:
where the charge was filed(see RETENTION AND DISPOSAL: These records and information in
Appendix A).Director of the Office of Maintained permanently. these records may be used:
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 9/26/2017 -Ordinance No. 22920-09-2017
DATE: Tuesday, September 26, 2017 REFERENCE NO.: **C-28389
LOG NAME: 02EEOC2017
SUBJECT:
Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission in an
Amount Up to $81,250.00 to Process Employment Discrimination Cases for Fiscal Year 2017 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. Ratify execution of Contract No. EEC45016C0080P00002, with the United States Equal
Employment Opportunity Commission and accept funds in an amount up to $81,250.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and
appropriations in the Grants Fund in an amount up to $81,250.00.
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 VI I,
the Age Discrimination in Employment Act and the Americans with Disabilities Act.
On June 6, 2017, the HRC received Contract No. EEC45016CO080P00002 from the EEOC indicating that
the EEOC would provide reimbursement for 107 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, 2016 and
ending September 30, 2017. Reimbursement of program expenditures are as follows:
1. $74,900.00 for resolution of 107 charges of alleged discrimination at a cost of$700.00 per case;
2. $3,850.00 for deferral of 55 non-jurisdictional charges of discrimination at a cost of$70.00 per case;
3. $1,500.00 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: 02EEOC2017 Page 1 of 2
On August 7, 2017, the Fort Worth HRC voted to approve the EEOC contract and seeks authorization
from the City Council to allow the execution of Contract No. EEC45016CO080P00002 with the EEOC to
process employment discrimination cases.
Time was of the essence for this contract and it was executed on September 6, 2017. The City Council is
requested to ratify the execution of such contract.
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. Prior to an expenditure being made, the
participating department has the responsibility to validate the availability of funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
21001 0020413 4310006 XXXXXX 990203 $81,250.00
21001 0020413 5XXXXXX XXXXXX 990203 $81,250.00
FROM
Fund Departmentccoun Project Program ctivity Budget Reference # mount
ID 1A 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: 02EEOC2017 Page 2 of 2