HomeMy WebLinkAboutContract 41520 (2)PROFFSSIOE'ML SERVICES AGR
CIPI SECRETARY
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This PROFESSIONAL SERVICES A G RI=FRIIENT ("Agreement") is made and
entered into by and between the CITY OF FORT WORTH (the "City"), a home rule
municipal corporation of the State of Texas, acting by and through its duly authorized
Assistant City Manager, and STRATEGIC COST CONTROL, INC., ("Consultant"), a
Massachusetts corporation acting by and through its duly authorized Director of
Operations.
1. SCOPE OF SERVICES.
Consultant hereby agrees in good faith with due diligence to provide the City with
unemployment compensation CUI") cost control and management services. In particular,
Consultant shall perform the following:
1.0 Claims Management
Consultant shall:
1.0.1 File a limited power of attorney with the Texas Workforce Commission
directing the state to send all of City's unemployment claims and related
material directly to Consultant.
1.0.2 Following receipt from the state of a notice of filing of an initial claim, load the
clairn data into Consultant's claims management system and calendar all
claim -related deadlines.
1.0.3 Identify any claims that duplicate previous entries and file and pursue
protests with the state for duplicate claims.
1.0.4 Obtain payroll and human resources data from City and identify the location
where the claimant worked.
1.0.5 If a claimant's social security number is not provided by the state, contact
City to verify claimant's identity and status as a former City employee.
1.0.6 If claimant did not work for City, file and pursue a protest with the state
contesting the claim as invalid and note such protest in Consultant's system
to ensure that future charges will not be accepted.
1.0.7 Utilizing City payroll data, determine the City's actual liability for each claim
under Texas law.
1.0.8 If wages are provided on a claim, verify that they are correct.
1.0.9 If any errors are discovered in the wages provided, file and pursue a protest
with the state to ensure City receives an appropriate credit.
M
OFFICIAL RECORD
Crint SECRETARY
0 WORTH, TX
1.0.10 Obtain all necessary separation information from City to investigate each
claim thoroughly, making as many attempts as necessary to obtain this
information.
1.0.11 Following investigation, make a recommendation to City's UI Coordinator (as
designated by City's Human Resources Director) on whether to appeal a
claim based on the facts of the case, state law, and City's monetary liability.
1.0.12 Confer with UI Coordinator to jointly determine whether to file an appeal.
1.0.13 Draft and file detailed appeals and requests for hearing.
1.0.14 Contact the UI Coordinator within 24 hours of receipt of notice that a hearing
has been scheduled to identify the official representative of the claimant's
former employing department and the appropriate fact witness(es), determine
if a representative from Human Resources will be required as an additional
witness, and ascertain whether the claimant has initiated any ancillary
litigation.
1.0.15 Within 72 hours of receipt of notice that a hearing has been scheduled, hold
a conference call with all witness(es) to (i) inform the witness(es) of the time
and place for the hearing, (ii) identify any supporting documentation that
witness(es) will need to produce prior to the hearing, and (iii) provide a
procedural overview of the hearing process to help ensure the witness(es) is
(are) comfortable with the process.
1.0.16 Within 24 hours of the initial conference call, provide the UI Coordinator,
department representative, and each identified witness with a copy via
electronic mail or facsimile of: (i) the packet of information titled "Notice of
Telephone Hearing," a sample of which is attached as Exhibit A and (ii) the
document "Preparing for an Unemployment Claim Hearing," a copy of which
is attached to this Agreement as Exhibit B.
NOTE Consultant's representative shall ensure that neither a
claimant's social security number nor home address is included in the
documents sent to the department representative and witnesses. The
claimant's social security number and home address should appear in
the documents sent to the City's UI coordinator.
1.0.17 At least 72 hours prior to the time scheduled for the hearing hold an in -
person or telephonic conference between Consultant's assigned hearing
representative and City witness(s) to (i) review the documentation provided
under Section 1.0.16 and answer any witness questions; (ii) ensure that
Consultant representative has all supporting documentation to be used at the
hearing, including, but not limited to, the claimant s pre -termination and
termination letters if applicable; (iii) assist witness(es) with preparing and
targeting their testimony; (iv) advise witness(es) of anticipated questions; and
(v) provide guidance on presenting testimony in an effective and targeted
manner.
RFP No.10-0531, Unemployment Compensation Administration, Page 2 of 13
1.0.18 At least 48 hours prior to the time scheduled for the hearing, pre -file all
documentary evidence and supporting documentation that is to be introduced
or discussed at the hearing.
1.0.19 Provide representation of the City at up to twenty (20) hearings annually, to
include conducting cross-examination of the claimant; addressing questions
to witness(es); and keeping the presiding officer(s) focused on the pertinent
issues.
1.0.20 If Consultant's staff in their professional judgment suspect that the claimant is
using the hearing process as a means of discovery for ancillary litigation,
notify the Ul Coordinator and the City's Law Department of Consultant staff's
concern and cooperate with the City in providing details of the UI case that
may have bearing on the ancillary litigation.
1.0.21 If an unfavorable decision results from any protest or appeals proceeding,
consult with UI Coordinator to clarify issues raised and provide City with a
recommendation as to whether to pursue further administrative appeal or
judicial review.
1.0.22 If an appeal is filed, prepare and file appeal briefs and draft a letter to the
appellate body.
1.0.23 Continuously monitor both contested and uncontested claims to ensure on-
going accuracy and file and pursue protests as needed
1.0.24 Maintain running balance of City charges and provide updates to City on
request.
1.0.25 Use running balances and previous year's activity to estimate future ratios
and balances and project future years' unemployment cost and provide such
information to City on request
1.0.26 Audit on -going claims to ensure that account is charged accurately based on
Consultant's independent calculation of liability under Section 10.0.7 and
check for any charge errors, including, but not limited to:
a. Charges in excess of weekly benefit amount
b. Charges in excess of maximum potential liability
c. Charges for disallowed weeks due to availability or monetary issues
d. Charges for disallowed or non -charges claims
e. Charges for claims favorably reversed at appeals level
f. Charges that exceed partial entitlement
1.0.27 Generate an audit report and conduct an investigation for each error and file
and pursue protests as needed.
1.0.28 Note the date that a charge -error protest is filed with the state, monitor state
response, and follow up with state as needed to ensure timely resolution.
RFP No.10-0531, Unemployment Compensation Administration, Page 3 of 13
1.0.29 Maintain running balance of outstanding charge -error protests and provide
such information to City on request.
1.0.30 Compare charge totals on the state's quarterly and annual reports with the
audited totals in Consultant's system and file and pursue appeals as needed.
1.0.31 Work with UI Coordinator and other assigned City staff to develop
customized summary and detailed quarterly management reports tailored to
City's operational structure and focused on City needs. At a minimum, each
report will (i) reflect Consultant s independent calculation of actual liability for
each claim under Section 10.0.7, (ii) list the exact amount of actual benefit
charges, and (iii) include the date of the claim, reason for separation, and
protest or appeal status
1.0.32 Monitor City's quarterly reports and annual reports for unfavorable trends and
recommend solutions to address areas of concern.
1.0.33 On City s request, work with UI coordinator to identify City staff who require
access to City's unemployment claims activity and provide identified staff with
tailored, secure web -based access to current City information in Consultant's
claims system.
1.0.34 Ensure that all of Consultant's employees assigned to represent the
City are familiar with the City's disciplinary process and the document
`Preparing for an Unemployment Claim Hearing," a copy of which is
attached as Exhibit A, and with the hearing procedures of the Texas
Workforce Commission.
1.0.35 In connection with all services, observe and comply with all deadlines
and other procedural requirements under state law and administrative
regulations.
1.1 Administration of the City's Unemployment Compensation Account
Consultant shall:
1.1.1 Audit each claim account for accuracy of payments and compliance with
statutory and regulatory requirements and prepare and file protests for any
improper charges.
1.1.2 Audit periodic statements of benefit charges and administration fees invoiced
by the Texas Workforce Commission and pursue explanation and/or
correction of any discrepancies that are discovered.
1.1.3 Ensure correction of any errors in payments to claimants.
1.1.4 Maintain financial records of benefit charges and adjustments made to the
City's unemployment compensation account.
1.2 Consulting and Advisory Services Regarding Administrative Procedures:
RFP No.10-0531, Unemployment Compensation Administration, Page 4 of 13
Consultant shall:
1.2.1 Provide guidance, including examples, for developing methods and
procedures to control and reduce unemployment compensation costs.
1.2.2 Provide City with up-to-date information on applicable laws and regulations
and assist City in revising policies and procedures as needed.
1.2.3 Review City policies and procedures relating to regulatory compliance and
minimizing of costs and recommend revisions and improvements.
1.2.4 Provide a written management report on a semi-annual and annual basis that
describes the City's unemployment activity, provides a statistical analysis of
costs, trends and projections, and reflects the results of Consultant's
services.
1.2.5 Provide ad hoc reports to the City, in a form acceptable to the City, as
requested by personnel in the Human Resources Department based on
quarterly and annual reports of the Texas Workforce Commission regarding
claims and costs pertaining to the City of Fort Worth.
1.3 Specialized Training:
Consultant shall:
1.3.1 Provide orientation materials for personnel in the City's Human Resources
Department assigned to facilitate processing of UI claims.
1.3.2 Provide at least one educational seminar for designated City personnel
regarding operation, management and cost control measures related to the
City's unemployment compensation responsibilities and liabilities.
The work described in this "Scope of Services" section shall be referred to collectively for
purposes of this Agreement as the "Services."
2. TERM.
This Agreement shall encompass all services rendered by the Consultant to the City
for a period of four years, beginning November 1, 2010 ending October 31, 2014, unless
terminated earlier in accordance with the provisions of this Agreement. This Agreement
may be renewed for one additional one-year period by written mutual consent of the parties.
3. COMPENSATION.
As full and complete compensation for the Services, the City shall pay Consultant
Four Thousand Two Hundred Dollars ($4,200.00) to be paid in two equal payments. The
first payment shall be due within thirty (30) days of the date that this Agreement is fully
executed. The second payment shall be due on or before May 31, 2011. Consultant shall
not perform any services for the City beyond those specified by this Agreement
RFP No.10-0531, Unemployment Compensation Administration, Page 5 of 13
unless the City has provided a signed, written request for such services and provided
signed, written authorization of the additional costs for such services. The City shall not be
liable for any expenses of Consultant not specified by this Agreement unless the City first
approves such expenses in writing.
If the City requires representation at additional hearings beyond those included as
part of the Services, Consultant shall offer such representation at a rate of One Hundred
and Twenty Five Dollars ($125 00) per additional hearing. The City is not requesting or
authorizing payment for such additional representation at this time; separate signed, written
documentation as described above is required for the City to engage Consultant to provide
additional representation.
4. TERMINATION.
4.1. Written Notice.
The City or Consultant may terminate this Agreement at any time and for any
reason by providing the other party with 30 days written notice of termination.
4.2 Non -appropriation of Funds.
In the event no funds or insufficient funds are appropriated by the City in any
fiscal period for any payments due hereunder, City will notify Consultant of such
occurrence and this Agreement shall terminate on the last day of the fiscal period
for which appropriations were received without penalty or expense to the City of any
kind whatsoever, except as to the portions of the payments herein agreed upon for
which funds shall have been appropriated.
4.3 Duties and Obligations of the Parties.
In the event that this Agreement is terminated prior to the expiration of the
then -current term, the City shall pay Consultant for Services actually rendered up to
the effective date of termination and Consultant shall continue to provide the City
with services requested by the City and in accordance with this Agreement up to
the effective date of termination.
DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION.
Consultant hereby warrants to the City that Consultant has made full disclosure in
writing of any existing or potential conflicts of interest related to Consultant's Services
u nder this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to
the City in writing Consultant for itself and its officers, agents and employees further
agrees that it shall treat all information provided to it by the City as confidential and shall
n ot disclose any such information to a third party without the prior written approval of the
City. Consultant shall store and maintain City Information in a secure manner and shall
n ot allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Consultant shall notify the City immediately if the security or
integrity of any City information has been compromised or is believed to have been
compromised
RFP No.10-0531, Unemployment Compensation Administration, Page 6 of 13
Consultant understands and acknowledges that the City is a public entity under the laws of
the State of Texas, and as such, the following information is subject to disclosure under
Chapter 552 of the Texas Government Code, the Texas Public Information Act (the "Act") -
1) all documents and data held by the City, including information obtained from the
Consultant and 2) information held by the Consultant for or on behalf of City that relates to
the transaction of City's business and to which City has a right of access If the City
receives a request for any documents that may reveal any of Consultant's proprietary
information under the Act, or by any other legal process, law, rule, or judicial order by a
court of competent jurisdiction, the City will utilize its best efforts to notify Consultant prior
to disclosure of such documents The City shall not be liable or responsible in any way for
the disclosure of information not clearly marked as "Proprietary / Confidential Information"
or if disclosure is required by the Act or any other applicable law or court order In the
event there is a request for such information, it will be the responsibility of Consultant to
submit reasons objecting to disclosure. A determination on whether such reasons are
sufficient will not be decided by the City, but by the Office of the Attorney General of the
State of Texas, or by a court of competent jurisdiction.
6. RIGHT TO AUDIT.
Consultant agrees that the City shall, until the expiration of three (3) years after
final payment under this contract, have access to and the right to examine at reasonable
times any directly pertinent books, documents, papers and records of the consultant
involving transactions relating to this Contract at no additional cost to the City. Consultant
agrees that the City shall have access during normal working hours to all necessary
Consultant facilities and shall be provided adequate and appropriate work space in order
to conduct audits in compliance with the provisions of this section. The City shall give
Consultant reasonable advance notice of intended audits
Consultant further agrees to include in all its subcontractor agreements hereunder a
provision to the effect that the subcontractor agrees that the City shall until expiration of
three (3) years after final payment of the subcontract, have access to and the right to
examine at reasonable times any directly pertinent books documents, papers and records
of such subcontractor involving transactions related to the subcontract, and further that City
shall have access during normal working hours to all subcontractor facilities and shall be
provided adequate and appropriate work space in order to conduct audits in compliance
with the provisions of this paragraph. City shall give subcontractor reasonable notice of
intended audits.
7. INDEPENDENT CONTRACTOR.
It is expressly understood and agreed that Consultant shall operate as an
independent contractor as to all rights and privileges granted herein, and not as agent,
representative or employee of the City. Subject to and in accordance with the conditions
and provisions of this Agreement, Consultant shall have the exclusive right to control the
details of its operations and activities and be solely responsible for the acts and omissions
of its officers, agents, servants, employees, contractors, and subcontractors Consultant
acknowledges that the doctrine of respondeat superior shall not apply as between the City
its officers, agents servants, and employees, and the Consultant, its officers, agents,
employees, servants, contractors, and subcontractors. Consultant further agrees that
RFP No.10-0531, Unemployment Compensation Administration, Page 7 of 13
nothing herein shall be construed as the creation of a partnership or joint enterprise
between City and Consultant.
8. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY, INCLUDING
DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER
REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR
OMISSIONS), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT,
ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES
CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY,
INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS,
SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR
LAWSUITS FOR EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST
PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL
PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT
CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF
CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS, OR EMPLOYEES.
9. ASSIGNMENT AND SUBCONTRACTING.
Consultant may not assign or subcontract any of its duties, obligations, or rights under
this Agreement without the prior written consent of the City. If the City grants consent to
an assignment, the assignee shall execute a written agreement with the City and the
Consultant under which the assignee agrees to be bound by the duties and obligations
of Consultant under this Agreement. The Consultant and Assignee shall be jointly liable
for all obligations under this Agreement prior to the assignment. If the City grants
consent to a subcontract, the subcontractor shall execute a written agreement with the
Consultant referencing this Agreement under which the subcontractor shall agree to be
bound by the duties and obligations of the Consultant under this Agreement as such
duties and obligations may apply. The Consultant shall provide the City with a fully
executed copy of any such subcontract.
10. INSURANCE
Consultant shall provide the City with certificate(s) of insurance documenting
policies of the following minimum coverage limits that are to be in effect prior to
commencement of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability
$ 500,000.00 Each Occurrence
$1,000,000.00 Aggregate
RFP No.10-0531, Unemployment Compensation Administration, Page 8 of 13
(b) Automobile Liability
$1,000,000.00 Each accident on a combined single limit basis or
$250 000 00 Bodily injury per person
$500 000.00 Bodily injury per person per occurrence
$100 000.00 Property damage
Coverage shall be on any vehicle used by the Consultant, its
employees, agents, representatives in the course of the providing
Services under this Agreement. "Any vehicle" shall be any vehicle
owned, hired and non -owned
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000.00 Each accident/occurrence
$100,000.00 Disease - per each employee
$500,000.00 Disease - policy limit
This coverage may be written as follows:
Workers' Compensation and Employers' Liability coverage with limits
consistent with statutory benefits outlined in the Texas workers'
Compensation Act (Art 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and
minimum policy limits for Employers' Liability of $100,000 each
accident/occurrence, $500,000 bodily injury disease policy limit and $100,000
per disease per employee
(d) Professional Liability (Errors & Omissions)
$ 300,000.00 Each Claim Limit
$1,000,000.00 Aggregate Limit
Professional Liability coverage may be provided through an
endorsement to the Commercial General Liability (CGL) policy, or a
separate policy specific to Professional E&O Either is acceptable if
coverage meets all other requirements. Coverage shall be claims -
made, and maintained for the duration of the contractual agreement
and for two (2) years following completion of Services provided An
annual certificate of insurance shall be submitted to the City to
evidence coverage.
10.2 Certificates.
Certificates of Insurance evidencing that the Consultant has obtained
all required insurance shall be delivered to the City prior to Consultant
proceeding with any work pursuant to this Agreement. All policies shall be
endorsed to name the City as an additional insured thereon, as its interests
may appear. The term City shall include its employees, officers, officials,
RFP No.10-0531, Unemployment Compensation Administration, Page 9 of 13
11.
agent, and volunteers in respect to the contracted Services. Any failure on
the part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirement. A minimum of thirty (30)
days notice of cancellation or reduction in limits of coverage shall be
provided to the City. Ten (10) days notice shall be acceptable in the event of
non-payment of premium. Such terms shall be endorsed onto Consultant's
insurance policies. Notice shall be sent to the Risk Manager, City of Fort
Worth 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City
Attorney at the same address.
COMPLIANCE WITH LAWS. ORDINANCES, RULES AND REGULATIONS.
Consultant agrees to comply with all applicable federal, state, and local laws,
ordinances, rules, and regulations. If the City notifies Consultant of any violation of such
laws, ordinances, rules or regulations Consultant shall immediately desist from and correct
the violation.
12. NON-DISCRIMINATION COVENANT.
Consultant, for itself, its personal representatives, assigns, subcontractors,
and successors in interest, as part of the consideration herein, agrees that in the
performance of Consultant's duties and obligations hereunder, it shall not
discriminate in the treatment or employment of any individual or group of individuals
o n any basis prohibited by law. If any claim arises from an alleged violation of this
n on-discrimination covenant by Consultant, its personal representatives, assigns,
subcontractors, or successors in interest, Consultant agrees to assume such liability
and to indemnify and defend the City and hold the City harmless from such claim.
13. NOTICES
Notices required pursuant to the provisions of this Agreement shall be conclusively
determined to have been delivered when (1) hand -delivered to the other party, its agents,
e mployees, servants or representatives, (2) delivered by facsimile with electronic
confirmation of the transmission, or (3) received by the other party by United States Mail,
registered, return receipt requested, addressed as follows:
To The CITY:
City of Fort Worth
Attn: Karen Montgomery
1000 Throckmorton
Fort Worth TX 76102-6311
Facsimile: (817) 392-8654
14. SOLICITATION OF EMPLOYEES.
To CONSULTANT:
Strategic Cost Control
Attn. Heather Anthony
899 Presidential Drive, Ste. 115
Richardson TX 75081
Neither the City nor Consultant shall, during the term of this agreement and
additionally for a period of one year after its termination, solicit for employment or employ
whether as employee or independent contractor, any person who is or has been employed
by the other during the term of this agreement, without the prior written consent of the
person's employer.
RFP No.10-0531, Unemployment Compensation Administration, Page 10 of 13
15. GOVERNMENTAL POWERS.
It is understood and agreed that by execution of this Agreement, the City does not
waive or surrender any of its governmental powers
16. NO WAIVER
The failure of the City or Consultant to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a
waiver of the City's or Consultant's respective right to insist upon appropriate performance
o r to assert any such right on any future occasion.
17. GOVERNING LAW / VENUE.
This Agreement shall be construed in accordance with the internal laws of the State
of Texas If any action, whether real or asserted, at law or in equity, is brought on the basis
of this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas, Fort Worth
Division.
18. SEVERABILITY.
If any provision of this Agreement is held to be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired
19. FORCE MAJEURE.
If either party is unable, either in whole or part, to fulfill its obligations under this
Agreement due to acts of God; strikes, lockouts, or other industrial disturbances; acts of
public enemies; wars; blockades' insurrections; riots• epidemics* public health cases;
earthquakes; fires; floods; restraints or prohibitions by any court, board department,
commission, or agency of the United States or of any state; declaration of a state of
disaster or emergency by the federal, state, county, or City government in accordance with
applicable law; any arrests and restraints; civil disturbances' or explosions, or some other
reason beyond the Party's reasonable control (collectively "Force Majeure Event"), the
o bligations so affected by such Force Majeure Event will be suspended only during the
continuance of such event.
20. HEADINGS NOT CONTROLLING.
Headings and titles used in this Agreement are for reference purposes only and shall
n ot be deemed a part of this Agreement.
21. REVIEW OF COUNSEL
The parties acknowledge that each party and its counsel have reviewed and revised
this Agreement and that the normal rules of construction to the effect that any ambiguities
are to be resolved against the drafting party shall not be employed in the interpretation of
this Agreement or exhibits hereto.
RFP No.10-0531, Unemployment Compensation Administration, Page 11 of 13
22. AMI-N.NDIVIFNTS / MODIFICATIONS / EXT
�NSIOi S.
No extension, modification or amendment of this Agreement shall be binding upon a
party hereto unless such extension, modification, or amendment is set forth in a written
instrument, which is executed by an authorized representative and delivered on behalf of
such party.
23. ENTIR
E;TY OF AGRF
rIVIENT.
This instrument, including all attachments and exhibits and any documents
incorporated herein by reference, constitutes the entire understanding between the City
and Consultant and their respective assigns and successors in interest as to the matters
contained herein. Any prior or contemporaneous oral or written documents purporting to
vary from the terms of this Agreement is hereby declared null and void to the extent in
conflict with any provision of this Agreement.
24. SIGNATURE AUTHORITY.
The person signing this Agreement hereby warrants that he or she has the legal
authority to execute this Agreement on behalf of his or her respective party and that such
binding authority has been granted by proper order, resolution, ordinance, or other
authorization of the entity. The other party is fully entitled to rely on this warranty and
representation in entering into this Agreement.
[SIGNATURE PAGE FOLLOWS]
OFFICIAL RECORD
CITY SECRETARY
Ft WORTH, TX
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this
day of Ma.A..t. , 2010.
CITY OF FORT WORTH
By:
Karen L. Montgomery
Assistant City Manager
a-LI-0 /
Date:
STRATEGIC COST CONTROL, INC.
Heather Anthoriq-
Director of Operations
/1/1 �/�Date: to
RFP No.10-0531, Unemployment Compensation Administration, Page 12 of 13
ATTEST:
By:
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City SecrAary
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APPROVED AS TO FORM AND
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Asistant
CONTRACT AUTHORIZATION:
No M&C Required
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OFFICIAL RECORD
CITY SECRETARY
F1'0 WORTH, TX
RFP No.10-0531, Unemployment Compensation Administration, Page 13 of 13
Oct 1,2010 8:33 AM
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Texas Workforce Commission
Notice of Te iephone Hearing
Date Mailed: SRPTEMBER 28, 2010
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Claimant: SSN:
Hearing Date:
TUESDAY, OC FOBER 12, 2010
Scan l-8OO252-3749
between 1:40 PM and 1:30 PM for your
hearing.
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WHEAT YOU MUST DO:
Send documents before the hearing. You may have documents that are important to your
case. Review the contents of this packet carefully: If any documents are mussing,
immediately fax or mail copies of those documents to the hearing officer and the other party.
Call in for your hearing, This hearing will be held by telephone conference call. On the
hearing date, call (800) 2524749 within, the 30 minutes before the hearing start time.
Give the operator the phone number where you can be reached for the hearing. If you call
from a pay phone, be sure it can receive incoming calls.
The hearing may be your only chance to tell what happened, present your documents, and ask
questions of the witnesses. If you do not call (800) 252-3749 within the 30 minutes before the
hearing start time, you may not be allowed to participate in the hearing. You will not have another
opportunity to offer testimony unless you can establish good cause for whey you did not call in as
instructed. Employers who are not parties of interest (indicated above as NPI) do not have the right
to request a new hearing, nor to appeal.
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Employer: PI Account: 99-991777-1
FORT WORTH -CITY OF
% CORPORATE COST CONTROL, INC.
PO BOX 851925 •
RICHARDSON TX 75085-1925
Hearing Start Time:
:30PM
Central Daylight Time
Hearing Officer:
M. MC BRYDE
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! I P I II ..'_=-'I. ,JIP1 L_,.. 11 .11dl.C2::
Are you ready for your hearing? Go to www.texasworkforce.org and select `Prepare for an
appeal" to listen to a sample hearing and access other information and tools to help you prepare.
Appeal No: 1351672-1 Hearing: 1
Appeal filed by: Employer
Appea! Date: 08/31 /20 10
Initial Claim Date: 07/25/2010
Determination Date(s): 08/18/2010
Equal Opportunity Program
M. MC BRYDE, Hearing Officer
Texas Workforce Commission
PO BOX 90736
SAN ANTONIO TX 78209
Hearing Officer (210) 8041124
Fax No. (210) 804- ] 1 b 1
OFFICIAL i 4Es4)RD
CITY SECRETARY
'o wnRTHI TX
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Oct 1,2010 8:33 AN
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Additional copies of this hearing notice packet were mailed to:
FORT WORTH -CITY OF
ATTN HR DEPT - PETE NELSON
1000 THROCKMORTON ST
FORT WORTH TX 76102-6312
Oct 1,2010 8:33 AM
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Issues in Your Hearing
(Additional issues, if any, are continued on Page 4.)
• Whether the claimant was separated from the last work as a result of a discharge based on
work -connected misconduct or a voluntary quit without work -connected good cause. If
claimant's discharge occurred while absent from work due to illness, or if claimant resigned
from work upon the advice of a physician, claimant should immediately mail or fax to the
hearing officer and opposing party a physician's statement to medically verify claimant's
physical condition Testimony alone as to a physical condition may be insufficient.
Chargeability of benefits paid to claimant which are based on wages from this employer. If
employer is a reimbursing employer, benefits paid to claimant based on wages from this
employer shall be billed to the employer.
•
• Please notify your client of the hearing and forward to them copies of the hearing notice and
attached Commission documents.
Oct 1,2010 8:33 AM
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Equal Opportunity Program
Oct 1,2010
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Your Appeal Tribunal Hearing - Information and Instructions
Hearing packet contents
TWC mails a Notice of Hearing and copies of the
information we have to all hearing participants.
This packet should contain:
• The date that TWC notified the claimant's last
employer that the claimant applied for
unemployment benefits. (This information is
included only if relevant to the claim.)
• Any protests to the claim
• Any information that TWC received in
response to the claimant s claim
• Any fact-finding statements that TWC took
while investigating issue(s) on appeal.
• The appeal itself (either a letter or appeal form),
Purpose of the hearing
The hearing is a fact-finding process that uses a
question -and -answer method. Each side may
present testimony, witnesses, and documents
relevant to its case. The hearmg officer will
conduct a fair hearing, determine what is relevant,
and make sure the record is complete. After the
hearing, the officer will prepare a written decision
based on the evidence. That decision will be mailed
to you.
What happens at a hearing
Your Notice of Telephone Hearing lists what issues
the hearing will cover. The hearing is recorded and
all proceedings are taken under oath. After
explaining the law and procedures, the hearing
officer will ask questions of each side and its
witnesses in turn.
After all testimony is taken from one side, the same
procedure is repeated for the other side. Wait your
turn, as you may not interrupt while another person
is testifying. The hearing officer will tell you when
it's your turn to ask questions. Ask relevant
questions that have not already been asked and
answered. If you don't have any questions, let the
hearing officer know.
Evidence
Written evidence or documents such as letters,
timecards, or doctors' statements may help your
case. Photos, maps, or charts may also help explain
what happened. Be ready to tell who prepared the
evidence and how it helps your case. Send legible
copies of the documents to the hearing officer and
the other side before the hearing. Do this even if
you believe the Texas Workforce Commission or
the other side already has them If you don t, the
documents may not be considered as evidence.
Include only documents that relate directly to issues
listed on the hearing notice.
Special equipment
If you need access to a telephone, fax machine, or
speakerphone to present witness testimony or
documents, TWC can set up the equipment at a
Texas Workforce Center an your area We will try
to provide as much privacy for your hearing as
possible. To request the equipment, please contact
your local Texas Workforce Center as soon as you
know the time and date of your hearing. For a
directory of TWC Workforce Centers, please visit
www.texasworkforce. ors.
Relay Texas customers may communicate with
TWC at 1-800-735-2989 (TDD) or I-800-735-2988
(Voice).
Witnesses
You may present witnesses to support your case.
Choose witnesses who actually saw or heard what
happened. Notify them of the date and time of the
hearing and arrange for them to be available at that
time. When the hearing begins, give the hearing
officer the telephone number where each witness
can be reached for the hearing.
Sworn statements
A sworn written statement —called an affidavit —is
sometimes used when a witness is unavailable to
testify at the scheduled hearing time. An affidavit
cannot be given as much weight as live witness
testimony because the person who made the sworn
statement is unavailable to answer questions. If an
affidavit is used, it must be specific and must be
sworn to before a notary public.
Do I need a Lawyer?
The unemployment appeal process is designed for
claimants and employers who don t have attorneys.
The hearing officer will help you develop the facts,
present your documents, and question the other
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Equal Opportunity Program
Oct 1,2010 8:33 AM
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side. However, an attorney or another person may
represent you at your own expense.
Schedule conflicts
Hearing postponements are not ordinanly granted.
However if you have a justifiable conflict, notify
the hearing officer as soon as possible before your
hearing. If you don't, a later request to reopen your
hearing may be denied.
Failure to appear and requests to reopen
If one side fails to participate in the hearing the
bearing officer may take testimony from those
present and issue a decision based on that
testimony. The side that failed to participate may
request a reopening of the case, but must first
establish good cause for the original
nonappearance If you want a hearing reopened,
request it in writing no later than 14 days of the
decision date.
Faxing your appeal or petition to reopen
If you fax your appeal or petition to reopen, TWC
must receive it no later than 14 days from the date
the decision was mailed. Keep your fax
confirmation as proof of transmission. TWC will
use the date we receive the fax to determine
whether your appeal is timely
Interpreters
The Appeal Tribunal will provide qualified
interpreters If you or any of your witnesses need
an interpreter and you have not previously
requested one, contact the hearing officer
immediately.
Withdrawing an appeal
Only the person who filed the appeal may withdraw
it. If you wish to withdraw your appeal, please
notify your hearing officer in writing or by
telephone. The name, address, and phone number
of the hearing officer are listed on the Notice of
Telephone Hearing.
Time zones
If you call from a time zone other than Central
Standard Time, be sure to properly calculate the
time difference.
Subpoenas
A subpoena is a legal document issued by the
hearing officer that orders an essential witness to
testify or produce certain documents for the
hearing. Before requesting a subpoena, ask the
witness to voluntarily participate or furnish
documents. If the witness refuses call your hearing
officer immediately. The subpoena process takes
several days, so please allow plenty of time. The
hearing officer determines if it is necessary to issue
a subpoena.
Decision
The Appeal Tribunal's written decision will resolve
each issue but it won't review in detail all
testunony or documents given at the hearing. If you
disagree with the decision, you may file a further
appeal. The decision will explain how to file an
appeal
Oct 1,2010 8:33 AM
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Selected Sections of the Texas Unemployment Compensation Act
One or more of the following sections of the Texas
Unemployment Compensation Act may be involved
in your case, depending on the issues. Other
sections of the Act not listed here may also be
involved. If so, the hearing officer will explain
them before your hearing.
Discharge for Misconduct. Section 207.044 of
the Act states an individual is disqualified for
benefits if the individual was discharged for
misconduct connected with the individual's last
work. Disqualification under this section continues
until the claimant has returned to employment and
worked for six weeks or earned wages equal to six
times the individual s benefit amount.
Definition of Misconduct. Section 201.012 of the
Act defines "misconduct" as the mismanagement of
a position of employment by action or inaction,
neglect that jeopardizes the life or property of
another, intentional wrongdoing or malfeasance
intentional violation of a law, or violation of a
policy or rule adopted to ensure the orderly work
and safety of employees. The term "misconduct"
does not include an act in response to an
unconscionable act of an employer or superior.
Voluntarily Leaving Work. Section 207.045 of
the Act states an individual who left the individual's
last work voluntarily without good cause connected
with the work is disqualified until the individual has
returned to employment and worked for six weeks
or earned wages equal to six times the individual's
benefit amount,unless the individual left work to
move with a spouse from the area where the
individual worked. In that case, the claimant shall
be disqualified for not less than six nor more than
twenty-five benefit periods following the filing of a
valid claim, as determined by the Commission
according to the circumstances in each case.
No individual may be disqualified because the
individual left work because of a medically verified
illness of the claimant or claimant's minor child,
injury disability or pregnancy if the individual is
available for work. A medically venfied illness of a
minor child prevents disqualification under this
section only if reasonable alternative care was not
available to the child and the employer refused to
allow the individual a reasonable amount of time
off during the illness.
Military personnel who do not reenlist have not left
work voluntarily without good cause connected
with the work.
An individual who is partially unemployed and who
resigns that employment to accept other
employment that the individual believes will
increase the individual's weekly wage is not
disqualified for benefits under this section.
A temporary employee of a temporary help firm is
considered to have left the employee's last work
voluntarily without good cause connected with the
work if the temporary employee does not contact
the temporary help firm for reassignment on
completion of an assignment. A temporary
employee is not considered to have left work
voluntarily without good cause connected with the
work under this subsection unless the temporary
employee has been advised; (1) that the temporary
employee is obligated to contact the temporary help
firm on completion of assignments; and (2) that
unemployment benefits may be denied if the
temporary employee fails to do so.
Benefit Eligibility Conditions: Section 207.021
of the Act states an unemployed individual is
eligible to receive benefits for a benefit period if the
mdividual:
(I) has registered for work at an employment office
and has continued to report to the employment
office as required by rules adopted by the
Commission;
(2) has made claim for benefits;
(3) is able to work;
(4) is available for work;
(5) for the individual's base period, has benefit
wage credits: (A) in at least two calendar quarters;
and (B) in an amount not less than 37 times the
individual's benefit amount;
(6) after the beginning date of the individual's most
recent pnor benefit year, if applicable, earned
wages in an amount equal to not less than six times
the individual's benefit amount;
Equal Opportunity Program
Oct 1,2010 8:33 AM
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(7) has been totally or partially unemployed for a
waiting period of at least seven consecutive days;
and
(8) participates in reemployment services such as a
job search assistance service, if the individual has
been determined, according to a profiling system
established by the Commission, to be likely to
exhaust eligibility for regular benefits and to need
those services to obtain new employment, unless:
(A) the individual has completed participation in
such service; or (B) there is reasonable cause, as
determined by the Commission, for the individual's
failure to participate in those services
Filing; Information Notices. Section 208.001 of
the Act states, in part, that claims for benefits shall
be made in accordance with rules adopted by the
Commission. Each employer shall post and
maintain, in places accessible to employees, printed
notices giving general information about filing a
claim for unemployment benefits.
Exclusions from Chargebacks. Section 204,022
of the Act states in substance, that benefits paid to a
claimant shall not be charged to an employer's
account if the claimant's last separation from the
employer's employment pnor to the beginning date
of the claimant s benefit year,
1) was required by a federal statute;
2) was required by a state statute or municipal
ordinance;
3) would have disqualified the employee under
Section 207,044, 207.045 or 207.053 if the
employment had been the employee's last
work;
4) imposes a disqualification under Section
207.044, 207.045, or 207.053;
5) was caused by a medically verifiable illness of
the employee or the employee's minor child;
6) was based on a natural disaster that results in a
disaster declaration by the President of the
United States;
7) was caused by a natural disaster fire, flood, or
explosion that causes an employee to be
separated from his or her employer and thereby
incapable of performing work;
8) was based on a disaster that results in a disaster
declaration by the Governor;
9) resulted in the employee s resigning from
partial employment to accept other employment
that the employee reasonably believed would
increase the employee's weekly wage;
10) was caused by the employer being called to
active military service on or after January 1,
2003;
11) resulted from the employee leaving the
workplace to protect the employee from family
violence or stalking as evidenced by: (A) a
protective order; (B) police records and (C)
medical documents*
12) resulted from a move from the employment
area that: (A) was made with the employee's
spouse who is a member of the U.S. military,
(13) resulted from the spouse's permanent
change of station longer than 120 days or a tour
of duty longer than one year; or
13) was caused by the employee being unable to
perform work as a result of a disability for
which the employee is receiving disability
insurance benefits wider 42 U.S.C. Section 423.
Failure to Apply for, Accept, or Return to Work.
Section 207.047 of the Act states an individual is
disqualified for benefits if during the individual's
current benefit year the individual failed, without
good cause, to apply for available, suitable work
when directed to do so by the Commission, or to
accept suitable work offered to the individual, or to
return to the individual's customary self-
employment (if any) when directed to do so by the
Commission. Disqualification continues until the
individual has returned to employment and worked
for six weeks, or earned wages equal to six times
the individual's benefit amount.
Recovery of Benefits Paid. Section 212.006 of
the Act states that benefits paid to a claimant that
are not in accordance with the final determination
of an examiner or decision of an Appeal Tribunal,
the Commission, or a reviewing court shall be
refunded by the claimant to the Commission, or in
the discretion of the Commission, deducted from
future benefits payable to the claimant under this
Act.
Determination Final; Appeal, Section 212.053 of
the Act states, in part, an examiner's determination
is final for all purposes unless the claimant or the
person or branch for which the claimant last
worked, and to whom a copy of the determination is
mailed files an appeal from the determination not
later than the 14' calendar day after that date on
which the copy of the determination is mailed to the
last known address of the claimant, person, or
branch as shown by Commission records.
Equal Opportunity Program
Oct 1,2010 8:33 AM
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Page: 1
Benefits — Non -Monetary Determinations
Fact Finding
SSN:1111alh Case Nbr: 4
Issue Nbr: 1 Type. FIRED Reason: FIRED-INTAKE-INTERNET
Stmt Nbr: 1 of: 3 Stmt of Claimant Taken: 07-26-2010 11:20:14 AM
Name. Title:
Phone Stmt: N Claim ID: 2010-07-25 Claim Dt: 07-25-2010 Rebuttal: Footnote: N
Accused of inappropriate behavior and the behavior of the employees under my
supervision.
Name of the person who told you that you were fired:
01.111111.1.111.
Title of the rson who told you that you were fired:
Did somet ing specific happen that caused you to be fired?_
Y
Explanation:
I was accused of false allegations filed against me and was term
inated. At this time Vm In the appeal process of these false allegations.
fired?_
N
Explanation:
I had no previous disciplines, or warnings in my employee file t
hroughout my 3 years of employment with them.
Did you do what you were warned about?
N
Explanation:
I was accused of false allegations by one of my employees for hi
s own personel reasons.
END
*** No footnote entered ***
Page: 2
Benefits — Non -Monetary Determinations
Fact Finding
SSN:S Case Nbr: 4
Issue Nbr. 1 Type: FIRED Reason: INAPPROPRIATE CONDUCT
Stmt Nbr: 2 of: 3 Stmt of: Employer Taken 08-12-2010 10:39:02 AM
Name: STACEY LOPEZ/CORPORATE COST CNTL Title: REP
Phone Stmt: Y Claim ID 2010-07-25 Claim Dt 07-25-2010 Rebuttal: N Footnote: Y
R!A
No Question Set Entered ***
END
DATE AND TIME: 08-12-10 10:41AM LEFT MESSAGE FOR: STACEY
LOPEZ LEFT MESSAGE ON OR WITH VOICEMAIL
Oct 1,2010 8:33 AM
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ADVISED CALLING FOR INFORMATION ON UNEMPLOYMENT CLAIM. DEADLINE
TO RESPOND MON 8-16-10 BY I lAM GAVE CONSEQUENCES FOR FAILURE
TO RESPOND BY DEADLINE. COMMENTS:
Oct 1,2010 8:33 AM
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Benefits — Non -Monetary Determinations
Fact Finding
SSN:ile Cam Nbr: 4
Issue Nbr: 1 Type: FIRED Reason: INAPPROPRIATE CONDUCT
Stmt Nbr: 3 of: 3 Stint of: Claimant Taken: 08-17-2010 11:08:01 AM
Name: itle•
Phone Stint: Y Claim ID: 2010-07-25 Claim Dt: 07-25-2010 Rebuttal: N Footnote: Y
What was reason for separation from work?
INNAPROPRIATE CONDUCT
Nan le of person discharging claimant.
When/how discharged?
07-26-10 BY A CERTIFIED LETTER IN A MAIL
Exactly what happened?
I HAD A DISGRUNTLED EMPLOYER WHO WANTED A TRANSFER AND
1 DIDN'T GIVE IT TO HIM SO HE WAS NOT HAPPY. HE HAD MORE DISCIPLINE COMING
BUT THEY TERMINATED ME.
Proof relating to the accusation/incident?
FUEY SAY THAT THEY HAVE WRITTEN
STATEMENTS F/OTHERS PEOPLE BUT I GUESS THEY WILL PRODUCE THAT AT MY
HEARING.
Prior warning(s)?
N
Time lapse between incident and discharge?
Y
If yes, explain.
THE COMPLAINTS WERE TURNED IN BY THE DISGRUNTLED EMPLOYEE IN
APRIL AND THEY DID NOT TERMINATE ME UNTIL JULY 26TH. I DO NOT KNOW THE
REASON
WHY IT TOOK SO LONG.
END
ALL THESE ALLEGATIONS WERE SURROUNDING THREE OF MY EMPLOYEES THAT WERE A
PART OF THE MISCONDUCT AND I AM ATTACHED BECAUSE I AM THEIR SUPERVISOR I
DID NOT PARTICIPATE IN ANY INNAPROPRIATE CONDUCT AND I HAVE WITNESSES THAT
WILL SAY I DID NOT PARTICIPATE IN ANY INNAPROPRIATE CONDUCT AND I DO NOT USE
PROFANITY AT THE WORKPLACE I WOULD BE COMFORTABLE IN PUTTING ALL OF MY
LOYEES ON THE STAND AT THE HEARING AND ASK THEM THE SAME QUESTION] AM
GOING TO MY HEARING ON THURSDAY OF THIS WEEK TO ADDRESS THIS W/THE CITY
AND GET MY JOB BACK
BASICALLY, I HAD THREE EMPLOYEES WHO WERE OUT IN THE FIELD WORKING WHILE
ISTAY BACK IN THE OFFICE BUT I HAVE TEAM LEADS OUT THERE IN THE FIELD WHO
WERE SUPPOSED TO REPORT TO ME ABOUT THINGS BUT THEY WERENT REPORTING
THINGS TO ME SO THE DISGRUNTLED EMPLOYEE MADE A COMPLAINT AGAINST HIS
OTHER CO-WORKERS HIS TEAM LEAD AND ME BECAUSE HE DID NOT GET HIS
TRANSFER.THE DISGRUNTLED EMPLOYER ALSO DID NOT GET ALONG W/HIS CO
WORKERS. 1 AM GOING THRU A HEARING W/IHE CITY TO GET MY JOB BACK AND TO
BRING TO THE FOREFRONT ALL OF THE ISSUES WERE BROUGHT UP BECAUSE OF THIS
Oct 1,2010 8:33 AM
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DISGRUNTLED EMPLOYEE FIE IS THE ONE TO CAUSE ALL OF THIS BUT HE DOES NOT
HAVE MUCH ON ME AT ALL. HE IS THE ONE THAT TS THE CORE OF MISCONDUCT.
Oct 1,2010
8:33 AM
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Employer Response to Notice of Application for UI Benefits
SSNIMINNER
Claim Date: 07-25-2010 Claim Type: IC PGM: REG Claim iD: 2010-07-25
Employer: 99-991777-1 FORT WORTH-LiFY OF
Correct Last Employer: Y
Monetarily Eligible: Y
EDI:
Notice Sent: 07-27-2010
Due: 08-10-2010
Claimant Separation Reason: FIRED
Responded: O8-10-2010
Response Type: Confirmation #:
Employer Separation Reason: FIRED
TWC Action: ROUTE ONLY
Current Investigator. GWENDOLYN DAVIS
Employment Information.
Date Range Worked: T ru
Gross Wages Earned:
Wages ]a Lieu Of Notice:
On Temporary Layoff:
Paid Vacation Days:
Paid lbw
Recall Date:
Paid T7uu:
Responder's Name: TWC Account:
Responder's Title: Phone:
Contact Person: Phone:
Additional Information Regarding Separation
Oct 1,2010 8:33 AM
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Issue Decision Log
SSN:alar
Case Nbr: 4
Issue Nbr: 1 of: 1 Type: FIRED Reason: INAPPROPRIATE CONDUCT
Program: REG Claim ID: 2010-07-25 Claim Type: IC Claim Dt: 07-25-2010
LEU• 99-991777-1 FORT WORTH -CITY OF
Late LEU Response: N Interested Party: Y Charged: Yes
Other Employer:
Decision Date: 08-17-2010 Weeks Disqualified:
Mailed Date: 08-18-2010 Deductible Amount:
Begin Date: 07-25-2010 State:
End Date: Incident Date:
Claimant Failed to Respond: N
Qualified: Y
Rationale: PO -DECISION IS BASED ON AVAILABLE INFORMATION, CONFLICTING
STATEMENTS AS THE MOVING PARTY, EMPLOYER FAH4F-D TO PROVIDE PROOF OF
MISCONDUCT OR MISMANAGEMENT
Conclusion: FIRED -LAST INCIDENT NOT MISCONDUL 1-NUT DISQUALIFIED
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Oct 1,2010 8:33 AN
POO
1 MI n MINIM' 1wouru11•11
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Waal MIM•Il
Total Pages (incl. cover) Request Date: 09/22/2010
SNP
11111.
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D No Records Found
SSN:
Case Number. 1351672
To: TWC Appeals
Fax: 51124751175
From: NO
Claimant
Claim ID: '7/25/2010
Case -Issue:
4/1, FD
D Unable to Locate Paper Records
E-CENTER 6475
Oct 1,2010 8:33 AN
C 7-a5 /6
Received en0r201n s:00:52 Air Icannil Daylight Tbnel in 00-63 on a+. IS 09 1/ 0 2010 08 Ps2 9249 P . 001 /001
•
August 10, 2010
CORPORATE
COST CONTROL, INC.
TEXAS WORKFORCE COMMISSION
P0BOX 901010
FORT WORTH, TX 76101-1010
REFERENCE:
Z0/Q
Isa Please send a coo/ of the determination to: "`
Corporate Cast Controt, Inc.
P.O. Box 851825
Richardson, TX 7$088-1825
NOTICE OF RESPONSE TO CLAIM
SOCIAL SECURITY NO.
ACCOUNT NO.
999917771
Dear Claims interviewer,
CLASIANY
EMPLOYER
City of Fort Worth
°Are OF HIRE LA.ST PAY WORK
7/9/2007 7r2til2010
cLA $ DATE
7/25/2010
In response to your Unemployment Claim Notice, the employer's records indicate that the
reason for separation is as follows:
Claim Protested, Discharged for misconduct. Two separate complaints were filed by
employees who alleged various incidents of inappropriate conduct by their supervisor,=
and oth individuals supervised liallnAfter an internal investigation, it was
determined tlsa ed is inappvyiate behavior andalso failed to adequately
supervise employees wbo engaged in in.:*r ,.,:..:e behavior This behavior included
supervisors and employees that routinely yelled, screamed, cursed, and made demeaning
comments towards employees performing their daily job duties. This inappropriate behavior
also included the use of use of obscene and profane language and derogatory comments. It was
determined that as a supervisor,Sengagcd in inappropriate behavior himself and
also failed to take appropriate remedial action when be became aware of the behavior.
Sincerely,
A-75-47).-
Stacey Lopez
Employees Representative
Oct 1,2010 8:33 AN
FRO SOAP COST CONTROL
August 30, 2010
(TUE)AUG 31 2010 10:09/ST. 9:32/No.6827704075 P 1
CORPORATE
COST CONTROL, INC.
APPEALS TRIBUNAL
TEXAS WORKFORCE COMMISSION
FAX TO 512475-1135
•
REFERENCE!
soak sECURRY so.
ArcouxY rro.
889817711
NOTICE OF APPEAL Of
Decision Mailed
8/18/2010
City of Fort Worth
Cbkn t)po:
Initial
CAA
Ch
ICWq:
7/25/2010
CLAIM CATE
7/25J2010
As authorized representatives of the referenced employer, we disagree with the claim
determination/Ming and wish to file an appeal,
Please notify us of the date sad time of the hearing ss soon as It has bees scheduled.
Thank you in advance For your consideration in this matter.
Sincerely,
49e
Stacey Lopez
Employer's Representative
Please mail employer's copy of 8earisg Notice to:
Po• 1 ox et -CPUs
Riefardson, ?aDPS /72,5
Page 1 of 1
08/31/2010 TUE 10:06 (TX/RX NO 9136] 111001
Oct 1,2010 8:33 AN
•
•
Fp11�I V tn,�u CORP COST CONTROL
1. /UO'L C44 11e
VI Support 61 Custamer SNvice
TEXAS WORKFORCE COMMISSION
BOX 901010
FORT WORM TX 78101-2010
I
MN
(TUE)AUG 31 2010 10:09/ST. 9:32/No.6827704075 P 2
ge
EMPLOYER'S GOPY
DETERMINATION ON PAYMENT OF UNEMPLOYMENT BENEP!TS
Date Mailed: Augtat 18, 2010 AUG 2 3
FORT YORTH-CITY OF
i CORPORATE COST CONTROL, INC.
PO BOX 85192S
RICHARDSON TX 75085-1925
Ihatltlel Ita,tl,el tl im211131.011del.berit61t6te,ltl
•
Iodividua :
social Security - 11
RmPbyet FORT WO • " e F
Employer Account No,c 99-991777-1
All dfAs a o shown in
month-dad-,teatr order,
We scat this declsltfn on entitlement to Unemployment Benefits to the individual on this dace.
iesstlet $eparst ton from Work
Deslslon: We oan pay you benetits, if you meet ail other requirement°.
Reason fee Deatsfon: Dur investigation found that some of your actions on the Job nay have
been elacenduot. However, the Incident your employer discharged you for want not misconduct
connected with the work.
Law Referenda: Section 207.044 of tha Texas Unemployment Compensation Act.
teult ataostre yaw r aeiefen
rwc monitors eligibility for bsncfite snen a claimant first files a claim for unemployment
insurance and every ties weekly payments are requested. TWC has made a decision
about this c/minima's Joe separation or ongoing ettgipt/ity for ui. bentlte.
- if you disagree with this decision, file an appeal. Appeal teem decision separately
by the appeal deadline. If you fax your appeal, retain a copy of the confirmation sheet.
A claimant Pan dispute or appeal a "we cannot pay you benefits• derision. Two
will notify you of the appeal hearing. Fallure to participate may reedit in en
advert* decision.
Be aware that you may receive additional or revised deaietons for the same claim.
tat, you haws questtens, °all the TWC Tele-Center handling your alarm.
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Dsterminatlan.,.of BtnDIo's •.Potiddat Chariebadc..
Your last employer 1s a reimbursing employer. Therefore. if we make any payments to you during
your benefit year, we MUST include the amount paid on the quarterly bit/ for this account.
•
. , .• If I You . Disagree • with •tnis;:Deleasion• %. . •.r .. ' .... s f
it you disagree with this desiska, you may appeal. Fax or have say appeal you nay file postmarked
on or betorc 08-01-t0 . TWC will use the data we receive the fax to determine whether your
appeal is timely. 1f yos hie your appeal by fit. you should rotate you fax confirmation es proof of anomalistic*.
Please include a copy of this notice with Appeals oa pr adore. TM Appeal ale hs is writes to this Wrest
Appeal Tribunal
Texas Woskforoe Commission
101 E. /5th Street
Austin, TX 78778-0002
FAX (512) 475-1135
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Exhibit B
Preparing for an Unemployment Claim Hearing
Information to gather before the hearing.
The hearing examiner will ask for the following information about the employee:
• Hire date
• Termination date
• Last position held
• Date unpaid leave began
• Reason for termination
• Final rate of pay
• Regular work schedule number of hours worked weekly
• Supervisor's name
Documents needed for the hearing.
The hearing examiner will not allow witnesses to review documents during the
hearing unless the documents have been admitted into evidence. You should obtain
copies of the following documents well in advance of the hearing and provide them to
the City's third -party administrator, who will represent the City at the hearings
• Pre -termination letter
• Notice of termination
• Documents that support the reason for the termination, including the work rule
the employee violated (for example, the specific provision of the Personnel
Rules and Regulations, General Orders, or Standard Operating Procedures),
and the evidence obtained during the investigation, if any, of the employee's
conduct
• Prior disciplinary action
• Evaluations (if they are relevant to the reason for termination)
Issues to anticipate at the hearing.
Progressive discipline. The City does not have a progressive -discipline policy. A
progressive -discipline policy requires an employer to issue an oral or written warning,
then some form of discipline short of termination, before an employee can be
terminated. Under the City's policies, an employee may be tenmmated for a first
offense.
Work rules. The hearing examiner will want to know whether the employee was
terminated for violating a work rule The Department's representative at the hearing
will need to be familiar with the rule that the employee violated and be prepared to
discuss how and when the employee learned of the rule. Specifically, the hearing
examiner is trying to determine whether the employee had advance notice that the
conduct the employee engaged in could result in his termination.
Investigation. The hearing examiner may inquire about the investigation the
Department conducted that led to the termination decision and what the employee was
told about the results of the investigation. (In some cases there is no investigation
the decision -maker may have personally witnessed the conduct, such as
insubordination so this may not be an issue) If there was an investigation, the
Department may need to provide a witness at the hearing who can testify about how
management learned of the conduct, what steps were taken to determine whether the
employee actually engaged in it, and what the employee was told before the
termination decision was made (such as at or following the pre -termination hearing.)
Usual order of proceedings.
The hearing will be conducted by telephone. Be sure to call in within the time
provided on the hearing notice.
The hearing examiner will open the hearing with a statement of the issues: whether
the employee's separation from work was voluntary or due to discharge or layoff.
The hearing examiner will discuss any procedural issues related to the hearing,
administer the oath to the witnesses, estabhsh who will be each party's representative
during the hearing, confirm that each party received notice of the hearing, and take
testimony. All witnesses will be subject to cross-examination and questioning by the
hearing examiner.
Hearings are usually set for one or two hours. If the hearing is not completed within
the time allotted, it will be adjourned and continued on another day, probably a few
weeks later.