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HomeMy WebLinkAboutContract 45825 (2)grai COMT ACT RIMS Zr AWARD/CONTRACT 2. CONTRACT (Proc. Inst. !dent) NO EECCN13001S 5. ISSUED BY CODE Equal Employment Opportunity Comm. 131 M Street N.E. 4th Floor Washington DC 20507 11. THIS CONTRACT IS A RATED ORDER UNDER DPAS 05 CFR 350) CFASD 7 NAME AND ADDRESS OF CONTRACTOR (No., Street, City, Country, State and 2!P Code) FORT WORTH, CITY OF 1000 THROCKMORTON FORT WORTH TX 76102-6311 CODE 100305 !FACILITY CODE 11. SHIP TO/MARK FOR CODE I Field Programs - State and Local 131 M Street N.E. Attn: VERONICA YOUNG Washington DC 20507 FPSLP 13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION 0 10 U.S.C. 230-4 (c) ( 15A. ITEM NO Continued I SEC. I DESCRIPTION PART I- THE SCHEDULE A B C D E F G H 1_72141 U.SC 253tc)( 158. SUPPLIES/SERVICES SOLICITATION/CONTRACT FORM SUPPLIES OR SERVICES AND PRICES/COSTS DESCRIPTION/SPECS MORK STATEMENT PACKAGING AND MARKING INSPECTION AND ACCEPTANCE DELIVERIES OR PERFORMANCE CONTRACT ADMINISTRATION DATA SPECIAL CONTRACT REQUIREMENTS 5 } IRATING 13. EFFECTIVE DATE 10/01/2012 (PAGE OF PAGES 'PAGE t 5 14. REQUISITION/PURCHASE REQUEST/PROJECT NO 2113FPSLP0036 6. ADMINISTERED BY (If other than Item 5) CODE I FPDAL Equal Employment Opportunity Comm. 207 S. Houston Street 3rd Floor Dallas TX 75202-4726 8. DELIVERY El FOB ORIGIN Li OTHER (See below) 9. DISCOUNT FOR PROMPT PAYMENT 10. SUBMIT INVOICES (4 copies unless otherwise specified) TO THE ADDRESS SHOWN IN 12. PAYMENT WILL BE MADE BY CODE Equal Employment Opportunity Comm. PO Box 8790 Attn: Matthew France Reston VA 20195-8790 14 ACCOUNTING AND APPROPRIATION DATA See Schedule 15C. 150. 15E. UNIT PRICE QUANTITY UNIT 15G. TOTAL AMOUNT OF CONTRACT 11 18. TABLE OF CONTENTS PAGES) ' (X) 1 2 4 1 2 2 3 3 x ITEM GCE 15F AMOUNT I SEC. I DESCRIPTION PART II - CONTRACT CLAUSES 1 I 1 CONTRACT CLAUSES PART I11 - LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACH J 1 LIST OF ATTACHMENTS PART IV - REPRESENTATIONS AND INSTRUCTIONS K REPRESENTATIONS. CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS INSTRS . CONDS . AND NOTICES TO OFFERORS L EVALUATION FACTORS FOR AWARD CONTRACTING OFFICER WILL COMPLETE ITEM 17 OR 18 AS APPLICABLE 17 :X CONTRACTOR' S NEGOTIATED AGREEMENT (Contractor is required to sign this ' 18 i ; AWARD (Contractor is not required to sign this document) Your offer on document and return 2 copies to issuing office) Contractor agrees to furnish and deliver all items or perform all the services set forth or otherwise identified above and on any continuation sheets for the consideration stated herein The rights and obligations of the parties to this contract shall be subject to and governed by the foltowtn documents (a) this award/contract, (b) the solicitationif any. and (c) such provisions. representations_ certifications and specifications. as are attached or incorporated by reference herein Attachments are bsted herein s 194. NAME AND t1TLE OF SIGNER (Type or print) Fernando Costa, Assistant City Manager 198 NAME OF CONTRACTOR BY (Signature of person authorized to sign) NSN 7540-0t.152.8069 PREVIGuS EDITION sS uNUSAB[E Attested by: , , lizs :so ;44 J. Kaysetiiy 5ecretary an% 9C DATE SIGNED » a tg, % *WA 4? ti O ko . Solicitation Number ___ including the additions or changes made by you which additions Or changes are set forth in full above is hereby accepted as to the items listed above and on any condition sheets This award consummates the contract which consists of the following documents (a) the Government's solicitation and your offer. and (b) this award/contract No further contractual document is necessary 20A NAME OF CONTRACTING OFFICER Caroline Fowler 208 UNITED STATES OF AMERICA few O Q o�'ov oo° leX ry. rO ram. • 1 the Contractrno Officer1 S64,150.00 IPAGE(S) 12 11 i i • 20C DATE SIGNED STANDARD FORM 25 (Rev 445) Pretcnted Yy GSA ki)Rili L'4ll-VC, G3 I ©E : t1.1t J J !I . • CONTINUATION SHEET REFERENCE NO OF DOCUMENT BEING CONTINUED EECCN130018 PAGE OF 2 15 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT TRICE AMOUNT (A) (B) (C) (D) (E) (F) Period of Performance: 10/01/2012 to 09/30/2013 0001 TITLE VII, ADEA, ADA , AND GINA CHARGE RESOLUTIONS: Processing and Resolving, Title VII, ADEA, ADA and GINA Charges. Each Charge must have been filed since October 1, 2008, (or since October 1, 2007, for each charge where a determination of ✓ easonable cause is issued and the charge is processed through hearings and/or litigation) and ✓ esolved in accordance with a charge resolution plan applicable. Obligated Amount: $60,450.00 Delivery: 07/12/2013 Accounting Info: 4501001313BD20130100001013SLP00013PSOFPSLPOSLCh00- FPDALO-251010 Funded: $60,450.00 0002 TITLE VII, ADEA, ADA, AND GINA INTAKE SERVICES: 0003 Provide Intake Services for charges, with affidavits, filed during the period October 1, 2012 to September 30, 2013. at a price of $50 per charge. Obligated Amount: $2,300.00 Delivery: 07/12/2013 Accounting Into: 4501001313B020130100001013SLP00013PS0FP8LP0SL1NTK- FPDAL0-251010 Funded: $2,300.00 EOC/FEPA TRAIN GONFFRENrPe a.ini :7 1 JP. =, 400.09 1, 00.00 • fac_..I_ate succesfa completion of contract, w hich must include attendance at FEOC - Sponsored con rrac y;r±ich must include attendance at "IEOC Sponsored Annual erence. Obligated Amount: $1,400.O0 Delivery ; 07/12/2013 Accounting 1313 Gi J 013J PAO PSOFPcl OSLTRNG- Conrinfled . . NSN 7540-01-152-5057 93 CIA 650.00 60,450.00 46 JA 50.00 2,300.00 OPTIONAL FORM 335 (4-85) Sponso/ed by GSA FAR (48 CFR) 53.110 CONTINUATION SHEET NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO (A) REFERENCE NO OF DOCUMENT BEING CONTINUED EECCN13001B SUPPLIES/SERVICES FPDALO-251010 unded: $1,400.00 (B) 0004 OPTION YEAR 1 - TITLE VII, ADEA, ADA, AND GINA CHARGE RESOLUTIONS: Proces-,ing and Resolving, Title VII, ADEA, ADA, and GINA Charges. Each P rocessing and Resolving, Title VII, ADEA, ADA, and GINA Charges. Each Charge must have been f iled since October 1, 2010, (or since October 1, 2009, for each charge where a determination of ✓ easonable cause is issued and the charge is processed through hearings and/or litigation) and ✓ esolved in accordance with a charge resolution plan if applicable. Obligated Amount: $0.00 Delivery: 07/12/2013 Accounting Info: 4.501001313BD2013010000101351,900013P30FPSLPOSLCROO- FPDAL0-251010 Funded: $0.00 0005 OPTION YEAR 1 - TITLE VII, ADEA , ADA AND GINA INTAKE SERVICES: Provid Intake Services for charges, with affidavits, filed during the period P rovide Intake Services for charges, with affidavits, filed during the period October 1, 2013 to September 30, 2014, at a price of $50 ner charge. O bligated Amount: $O.00 Accounting Info: 4501001313ED20130'1000010135LP00013P30FPSL90SLK- FPDAIG-251010 Funded: $0.00 0006 OPTION 'YEAR. 1 - FY 2014 EEOC/FEPA 1RA.:NIJr: CONFEREA?CE : ra-nit ILO facil_tat sucressfu' completion ple.__on of contract, which must inc_ude rainir:q to facilitate successful completion of contract, which mus_ include attendance at ?C-sponsored Annual Obligated Amount: 50.00 PAGE OF 3 ( 5 RUANTITY UNIT UNIT PRICE AMOUNT (C) (D) (E) (F) JA JA JA 0.00 0.00 0.00 0.00 0.00 O.OG CONTINUATION SHEET REFERENCE NO OF DOCUMENT BEING CONTINUED EECCN130018 PAGE OF 4 15 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO SUPPLIESiSERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Continued .. Accounting Info: 4501001313BD20130100001013SLP00013PSOFPSLPOSLTRNG- FPDP.LO-251010 Funded: $0.00 0007 OPTION YEAR 2 - TITLE VII, AREA, ADA, AND GINA CHARGE RESOLUTIONS: Processing and Resolving, Title VII, ADEA, ADA, and GINA Charges. Each P rocessing and Resolving, Title VII, ADEA, ADA, and GINA Charges. Each Charge must have been f iled since October 1, 2011, (or since October 1, 2010, for each charge where a determination of ✓ easonable cause is issued and the charge is processed through hearings and/or litigation) and ✓ esolved in accordance with a charge resolution plan if applicable. Obligated Amount: $0.00 Accounting Info: 4501001313BD20130100001013SLP00013PS0FPSLPOSLCR00- FDDALO-251010 Funded: $0.00 0008 OPTION YEAR 2 - TITLE VII, ADEA, ADA, AND GINA INTAKE SERVICES: Providz Intake Services for charges, with affidavits, filed during the period P rovide Intake Services for charges, with affidavits, filed during the period October 1, 2014 to Sep ember 30, 2015, at a price of $50 per charge Obligated Amount: $0.00 Accounting Info; 45010C1313BD201010000 O13SLPO00i-3PSO PSLPOSLINTK- FPDAr0-2519 10 Funded: o.t.00 0009 OPTION YEAR 2 - FY 2015 EEOC/FEPA TRAINING CONFERENCE: Training to facilitate successful completion contract, which must include attendance at EEOC ponsored Annual Conference. Obligated Amount: S0.00 Continued cf JA JA JA 0.00 0.00 0.00 0.00 0.00 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED EECCN130018 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE (A) (B) (C) (D) (Er Accounting Info: 4501001313BD20130100001013SLP00013PSOFPSLPOSLTRNG- FPDALO-251010 Funded: $0.00 The total amount of award: $64,150.00. The obligation for this award is shown in box 15G. NSN 7540-0t-552-8C67 PAGE OF 5 15 AMOUNT (F) OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 Table of Contents Sec. Description 1) :t tr 1 1 Page N o. A Solicitation/Contract Form I B Supplies or Serr ices/Prices . .. ...... 2 C Description/Specifications .... .. 2 D Packaging and Fla rking. . 5 E Inspection arid Acceptance.. . _ .... ,,,,,,,,,,, ,,,, AdiAdAd ..,.. ..... ..............—..,- 5 F Delis cries or Performance 6 G Contract .ldministration Data .... 7 1-1 Special Contract Requirements . , aa ... , .. 9 I Contract Clauses ....... 12 52.202-1 Definitions. (JAN 2012) 52.203-3 Gratuities. (APR 1984) 52203-5 Covenant Against Contingent Fees. (APR 1984) 12 52 203-6 Restrictions on Subcontractor Sales to the Government. (SEP 2006) 12 52 203-7 Anti -Kickback Procedures. (OCT 2010) 12 52,203-8 Cancellation, Rescission- and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) ...... . .. .. .. 12 52.203-10 Price or Fee Adjustment for Illegal or Improper Activity. (JAN 1997) 12 51103-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 12 52 204 4 Printed or Copied Double -Sided on Postconsumer Fiber Content Paper (May 2(71 1) 12 52 204 7 Central Contractor Registration. (DEC 2012) 12 52 209-6 Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended. or Proposed for Debarment. 12 (DEC 2010) 52,215-2 Audit and Records - Negotiation. (OCT 2010) 12 52 215-8 Order of Precedence - Uniform Contract Format. (OCT 1997) - .. 12 52 222-3- Convict Labor. (JUN 2003) 12 52.222-21 Prohibition of Segregated Facilities. (FEB 1999) 12 52 222-26 Equal Opportunity. (MAR 2007) ... ... . . . ..... 52,222-35 Equal Opportunity for Veterans (SEP 2010) 13 52.222-36 Affirmative Action for Workers with Disabilities. (OCT 2010) 13 52?22-37 Employment Reports Veterans. (SEP 2010) 13 52 22240 Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) 13 52 222-50 Combating Trafficking in Persons (FEB 2009) 13 52 222-54 Employment Eligibility Verification. (JUL 2012) . 13 52 223-6 Drug -Free Workplace. (MAY 2001) 13 52223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) 13 5222411 Privacy Act Notification (APR 1984) 13 52.224-2 Privacy Act. (APR 1984) 13 52,225-13 Restrictions on Certain Foreign Purchases, (JUN 2008) ... . . .. . . . . . ..... . .. . .... .. . . . . 13 52-229-1 Federal, State, and Local Taxes (State and Local Adjustments). (APR 2003) 13 52.232-1 Payments. (APR 1984) .. 13 2_232_8, Discounts for Prompt Payment. (FEB 2002) .... , ... Ed 13 52 232_41Extras (APR 1984) .. 13 52.2 32-25 Prompt payment. (OCT 2008) ...... . , .. - - . 13 52 231 _33 Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) ....... 13 52 233-1 Disputes. (JUL 2002) ... 13 52 233-3 Protest after Award (AUG 1996) .. 13 52 333_t Applicable Law for Breach of Contract Claim. (OCT 2004) . .... 13 52.242 2 Production Progress Reports. (APR 1991) 13 52 213-1 *Al Changes - Fixed -Price (AUG 1987) - Alternate I (APR 1987) 13 52 244-6 Subcontracts for Commercial Items (DEC 2010) 13 52 245-1 Government Property. (APR 2012) ... .. .. ... 13 52.249-1 Termination for Convenience of the Government (Services) (Short Form) (APR 1984) 13 52 249-8 Delimit (Fixed -Price Supply and Service) (APR 1984) .. .... 13 Clauses Incorporated by Reference. (FEB 1998) , , 13 Computer Generated Forms (JAN 1991) . 13 LIST OF ATTACHMENTS 13 1' -1 Z _) _-I 12 12 i2 SECTION C - DESCRIPTION/SPECIFICATIONS/WORK STATEMENT I. Background A. The Equal Employment Oppoitunity Commission (EEOC) is authorized by statute to use the services of State and Local Fair Employment Practices Agencies (FEPAs) to assist it in meeting its statutory mandate to enforce Title VII of the Civil Rights Act of 1964, as amended (Title VII) the Age Discrimination in Employment Act (ADEA) of 1967, as amended; the Americans with Disabilities Act (ADA) of 1990, as amended; and, the Genetic Information Nondiscrimination Act of 2008. The EEOC also recognizes the need to ensure the employment rights of individuals granted by Federal, State, and Local anti -discrimination laws. B. As part of the Congressional mandate, the EEOC is required to establish an integrated system for a more expeditious resolution of employment discrimination charges The EEOC has entered into a partnership with the FEPA, herein referred to as the Contractor, for continuous development and enhancement of this system. II. Scope of Work A. The Contractor agrees to work with the EEOC in the maintenance and enhancement of a national, integrated employment discrimination law enforcement and charge resolution system by accomplishing various objectives that include, but are not limited to, the following: 1. Implementation by the Contractor of procedures that provide for professional intake of all charges the FEPA initially receives, prompt notification to respondents, resolution of charges on a current basis, determinations supported by evidence, and resolutions with remedies; 2. The training of Contractor personnel in charge processing procedures compatible with those of the EEOC, on an as needed basis; 3. Use by the Contractor of an employment discrimination charge form that, within statutory limitations is acceptable to the EEOC and the Contractor; 4. Use by the Contractor of processing terminology (such as common language pertaining to types of resolutions) that is the same as or compatible with that used by the EEOC; 5. The development and maintenance of a system to ensure that the EEOC and the Contractor maintain compatible procedural and substantive standards; 6. The identification by the Contractor and the EEOC of legislative changes that may be appropriate for the establishment of integrated and efficient charge processing systems; and 3 7. Use of an effective case management system, and as applicable, adherence to a Charge Resolution Plan that: a. enhances quality and efficiency in the Contractor's charge resolution systems, b. establishes annual charge resolution objectives and provides mechanisms for fixing accountability and measuring progress toward those objectives; c. develops procedures and processes designed to reduce inventories of dual -filed charges that will ensure maintenance of a charge inventory of less than 365 days; and d. ensures that quality standards are met and are commensurate with the EEOC's policies and statutory responsibilities. B. When an agreement on the above requirements is reached between the Contractor and the EEOC, they must be included as part of the executed Worksharing Agreement. The effective date of the Worksharing Agreement will run concurrently with the effective date of this contract Upon execution, the Worksharing Agreement dated September 17. 2011, is incorporated by reference into this contract. C. The Contractor and EEOC, as a condition to the maintenance of this contract, shall approve the Worksharing Agreement. Once the Contractor or the EEOC has been designated to process the charge, only the designated party will process the charge. The other party shall refrain from processing the charge pending completion by the initial processor to preclude duplication of effort. D. The Contractor shall: 1. Implement in partnership with the EEOC, a system that permits each party to perform various functions on behalf of the other for example, accepting charges for each other, within the statutory limitations; and 2 Commit itself to maintenance of effort. Should the Contractor or the governmental body that provides its funds (a) reduce the Contractor's resources in anticipation of or as a result of the EEOC contract funds, (b) place restrictions on the use of its funds or (c) revise the Contractor's operating procedures or regulations that impact on its ability to perform under its contract, the EEOC may consider it to be a material breach of this contract and may, among other things, reduce its funding of this contract or require the return of all or a portion of the funds provided by the EEOC under this contract. E It is understood and expressly agreed to by both parties to this contract that all provisions of the EEOC s Contracting Principles for State and Local FEPA for Fiscal Year 2013 are incorporated in their entirety into this contract. III. Statement of Work Processing of Charges - Title VII Charges, and/or ADEA Charges (if applicable), ADA and/or GINA Charges (if applicable): A. The Contractor shall submit charges to the EEOC for contract credit including, but not limited to, no cause findings, successful settlements, successful conciliations, administrative resolutions, final orders issued following and pursuant to administrative hearings and litigation. The EEOC shall not award any contract credit for resolutions by the Contractor based on no jurisdiction (except in cases where an investigation is actually required to determine jurisdiction) or resolutions based on the charging party's failure to establish a bona fide charge. B. All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 2012 and September 30, 2013 as follows: l . All charges will be evaluated and determinations made in accordance with the theories of discrimination in employment as developed under Title VII, the ADEA, ADA, and the GINA, as appropriate. 2. Investigation and resolution of individual charges pursuant to this contract shall be conducted in a manner designed to effectuate relief for the charging party and shall be carried out as expeditiously as possible. 3. All final actions, litigation, and intake services for which payment is requested under this contract will be processed and awarded contract credit in compliance with the State and Local Handbook the ADA Technical Assistance Manual for ADA charges, and the Worksharing Agreement. 4. Contract credit submissions will include final dispositions of charges (i.e. final actions). When administrative appeal rights exist, the final disposition of a charge occurs only after the time for appeal has expired or the appeal has been processed to completion. In cases where the administrative appeal has been processed, the date of the notice of the final result of the appeal is the operative date. This applies in all cases where an administrative appeal is provided, whether the case is administratively resolved dismissed, decided, of when no cause is found. The fifteen -day period during which a Substantial Weight Review may be requested and/or the period during which a Substantial Weight Review is conducted is not considered for the purposes of computing the operative date of the final disposition of a charge. 5. Contract credit submissions that are not final dispositions will include: a Charges to be litigated by the Contractor where the EEOC receives copies of the complaints bearing confirmation of the fling dates with the Court, or other appropriate official confirmation of the filing dates of the complaints; b. Certain types of charges that must be transferred to the EEOC that are not final actions by the Contractor, as specified in the State and Local Handbook and; c. Intake services by the Contractor where the EEOC accepts for processing a charge initially filed outside the jurisdiction of the Contractor, or any other FEPA, and for which the Contractor has prepared all charge intake documentation, including a complete affidavit, as required by the EEOC. In addition, contract credit for intake services will be given when the EEOC accepts tor processing a charge initially filed with but not jurisdictional with the Contractor and the COR determines and justifies that there is a need to service charging parties who live at great distances from an EEOC or FEPA office. 6. Charge resolutions submitted for contract credit pursuant to this contract will be identified by the Contractor by timely and accurate data entries on the EEOC IMS or any successor system, if applicable. Where the Contractor is not on the EEOC IMS or any successor system, charge resolutions submitted foi credit pursuant to this contract will be designated in a monthly status report from the Contractor to the COR. 7. All charges will be processed by the Contractor in accordance with the Contractor's applicable State or Local Laws. 8. Contract credit will not be allowed for any charge subject to a processing fee. If such a fee is imposed or implemented during the period of the contract, the contract may be terminated in accordance with Clause 52.249-4, Termination for Convenience of the Government (Services) (Short Form). 9. The Contractor shall preserve all case files and records relevant to all charges or actions until final disposition of such charges or actions by the Contractor and the EEOC and other federal authorities including federal courts. SECTION D - PACKAGING AND MARKING Charge/case file material and reports to be furnished to the designated field office shall be through the regular U.S. mail and should be adequately packaged to assure safe delivery to the designated office. SECTION E - INSPECTION AND ACCEPTANCE E.1 INSPECTION AND ACCEPTANCE A. Inspection and Acceptance shall be made by the CO/C. Inspection and acceptance shall be made pursuant to the standards set forth in the EEOC's Compliance Manual, and applicable section(s) of the State and Local Handbook. B. The COR will ensure that the Contractor maintains performance that is consistent with the criteria and requirements contained herein, as well as in the Substantial Weight Review Procedures and Worksharing Agreements. The EEOC District Office will conduct an on -site evaluation of the investigative and administrative I'a:=e (6 charge processing procedures of the Contractor as needed. Accordingly, the Contractor is expected to comply with reasonable requests for providing and/or making available information concerning various aspects of their processes and procedures as they relate to or impact on the management and disposition of the dual -filed inventory. Such information includes but is not limited to staffing information, case management printouts, charge processing documentation and any other material and data as may be related and/or apply to the processing of dual -filed charges or administration of the contract. SECTION F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE A. The period of performance under this contract shall be from October 1, 2012 through September 30, 2013, 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' . B. The period of performance for Option Period I and Option Period II are as follows: Option Period I — October 1 2013 through September 30 2014 Option Period II — October 1, 2014 through September 30, 2015 F.2 TIME OF DELIVERY/DELIVERABLES A. When the Contractor enters a charge in the EEOC computerized Integrated Mission System (IMS) or any successor system the following procedures shall be used The Contractor will: Make accurate and timely charge data entries in the IMS or successor system, and the Contractor is responsible for ensuring that all appropriate charge information is available for extraction by the collection manager in a timely manner. Charge resolutions submitted for contract credit review will not be accepted for payment if it is determined that any required data entry has not been made by the FEPA. A determination not to award contract credit made ma) be i eversed under the procedures set forth in Section III.B.5.a. of the FY 2013 Contracting Principles. Enter basic charge data into the 1MS or successor system within five days of the Contractor's receipt of each charge as set forth in Section III.B.5.a of the FY 2013 Contracting Principles in order to be eligible to receive contract credit. 3. Provide FEOC with a list of final actions within a time frame agreed upon by the COR and the Contractor, but usually no later than 30 days after the resolution of each charge to meet the requirement of Section III. B.2 of the FY 2013 Contracting Principles. The Contractor must ensure the timely and accurate entry of data into the IMS or successor system. The COR will generate charge data lists and reports through the IMS or successor system to verify that this requirement is being met throughout the term of this contract. 4. Enter all charge data for contract credit submissions through each quarter not later than the 8th calendar day of the month following each quarter B. When the Contractor is not on the IMS or successor system, the following procedures shall be used. The Contractor will: l . Submit monthly contract production reports to the COR for review. The monthly reports shall consist of EEOC Forms 322 - FEPA Performance Report and 472 - FFPA Charge List. Upon award of the contract the monthly reports must be received by the CORnot later than the 8th calendar day of the month following each month. Furnish to the COR, separate written reports as may be expressly required. 3. Provide the EEOC with a list of charge resolutions with respect to dual - filed charges within a time frame agreed upon with the COR, but no later than thirty (30) days after the charge resolution dates. The lists of charge resolutions will be provided on EEOC Form 472. After receipt of the lists, and when requested by the COR, the Contractor will forward all charge file information, or a copy of such information, within five workdays of the requests The COR may extend or reasonably alter the five-day time frame as deemed necessary and appropriate (For non -certified Contractors, file information must be submitted within five days of submission of the Form 472/resolution listing unless the time frame is extended or otherwise modified by the COR). Failure to timely submit reports and charge file information will result in the denial of contract credit for the affected resolutions. 4. The Contractor must make timely and accurate submission to the EEOC of EEOC Form 322 and ELOC Form 472. All reports covering the first three quarters of the FY 2013 contract must be received by the EFOC prior to September 30, 2013 SECTION G - CONTRACT ADMINISTRATION DATA G.1 CONTRACT ADMINISTRATION DATA A. Contracting Officer: See Block 20A of SF 26 B. Inspection and Acceptance: See Section E of the Schedule 8 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 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.2 CONTRACTING OFFICER The Contracting Officer shall be the only individual authorized to modify any of the terms of the contract or redirect the efforts of the Contractor. G.3 CONTRACTING OFFICER REPRESENTATIVE The EEOC State and Local Coordinator/Program Manager for the District Office will serve as the Contracting Officer's Representative (COR) during the performance of this contract. The name of the authorized COR will appear in Section G.1 Contract Administration Data. The COR shall monitor the contract for the Program Director and provide the Contractor with technical guidance. Technical guidance shall mean providing details or interpretation of the scope of work and the requirements set forth in the contract. It is intended that any details, interpretations or suggestions furnished shall not constitute any changes in terms and conditions of the contract. The COR has the responsibility for monitoring and evaluating all phases of the Contractor's performance in order to determine compliance with the technical requirements of the contract. The COR is responsible for providing oversight to the District Office District Resource Manager (DRM) for the preparation of the official receiving report to record acceptance in EEOC's financial system procurement module. No payment may be made until a properly completed receiving report is transmitted to the payment office. G.4 INVOICING INSTRUCTIONS A. The Contractor shall submit an original invoice(s) and any other information required to make payments to the following address: US Equal Employment Opportunity Commission P 0 Box 8790 Reston, VA 20195-2690 B. The contractor may submit an invoice electronically to the following e-mail address: eeocinvoiceAgcecloud.com. C. A copy of the invoice must be sent to the designated COR. G.5 PAYMENT SCHEDULE 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 12, July 12, and October 11, 2013). 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., 4th Floor, Washington, D.C. 20507. G.6 CONTRACT ADJUSTMENTS FOR TRAINING The EEOC may adjust the contract for training when the following conditions exist: A. If the Contractor has not invoiced for training completed within a thirty (30) day period, the Contracting Officer may unilaterally deobligate the amount of fiends the government determines to be in excess of the amount needed to pay for training. In the event the government determines before training is to be conducted that the amount of funds provided under the contract should be reduced or increased as a result of a revised estimation of the amount of funds needed to pay for training, the Contracting Officer may unilaterally modify the contract to provide funds for training in accordance with the government's revised estimate. SECTION H - SPECIAL CONTRACT REQUIREMENTS H.1 TITLE VII, ADA AND GINA CONFIDENTIALITY PROVISIONS The Contractor agrees to abide by the confidentiality provisions of Title VII, ADA and the GINA as those provisions are interpreted by the EEOC. The Contractor shall not make public in any manner whatever the following information if said information was obtained from the EEOC: 1. The existence of a Title VII, ADA and/or GINA charge filed by a particular charging party against a particular respondent, unless a Title VII, ADA and/or GINA lawsuit has been instituted, a c I II Information obtained by the EEOC pursuant to its investigation authority (Section 709(a)), unless a Title VII, ADA and/or GINA lawsuit involving that information has been instituted and, 3. Things said or done by the parties (i.e. charging parties and respondents, and the EEOC) during the settlement efforts or conciliation of a charge, unless a Title VII. ADA and/or GINA lawsuit has been instituted. 4. Pursuant to Paragraph 5(b) of the EEOC Memorandum of Understanding with the Office of Federal Contract Compliance Programs (OFCCP), information compiled by OFCCP and provided to the EEOC may be provided to an FEP Agency (i.e, the Contractor) upon its request. It is further understood and agreed that the Contractor will not disclose to the public any such information without first requesting and obtaining the express written approval of the Director of OFCCP. B. EEOC-furnished EEO Reports may be made public by the Contractor during a hearing conducted by the Contractor that involves the above information. H.2 CONTRACT ADJUSTMENTS A. The COR will review production on a quarterly basis. The Contractor is expected to produce approximately 1/4 of the total charge resolutions required under the contract each quarter. B. If the annualized linear production of the Contractor's actual production at any time indicates that the Contractor is producing at a rate that would not meet the number of charge resolutions required under the contract, the government may unilaterally modify the contract price and the total number of charge resolutions (downward adjustments) to reflect the annualized charge production projection. C. The government has the unilateral option to increase the number of contracted charge resolutions and/or intake services (upward adjustments), based on the actual or projected production of charge resolutions and intake services. H.3 RIGHTS IN DATA The Government shall have access to all case files created and developed in the performance of this contract at all reasonable times when the) are in the possession of the Contractor. The Contractor shall have access to such case files at all reasonable times while they are in the possession of the EEOC. No case files, reports studies, findings or other information collected or created in the performance of this contract shall be released by the Contractor except as authorized in accordance with the Confidentiality Provisions set forth at paragraph H.1 above. H.4 INDEMNIFICATION The Contractor shall indemnify the Government, its officers, agents, employees and assignees, for all claims of any nature arising out of the performance of this contract, including costs and expenses resulting from such claims. H.5 ACKNOWLEDGMENT OF GOVERNMENT The Contractor agrees that in the communication or release of all information concerning work performed or work to be performed under this contract, such communication or release, written or oral, shall be jointly approved by the COR and the Contractor, and shall include a statement indicating that the project or effort is co -sponsored by the EEOC. H.6 DIRECT AND INDIRECT COSTS This is a fixed price contract. No additional funds will be added for direct or indirect costs incurred by the Contractor in the performance of services that exceed the unit price(s) indicated in the pricing schedule. H.7 NOTICE OF ADVERSE COURT ACTION H.8 The Contractor will provide written notification to the Program Director of any adverse local, state, or federal court decision issued against the Contractor relevant to the Equal Opportunity clause in Section I of this contract. Such notice shall be provided within ten (10) days of the court's decision. PRIVACY ACT This contract requires the collection, creation and maintenance of records that are subject to the Privacy Act of 1974. See the Privacy Act Notification Clause and the Privacy Act Clause incorporated into this contract in Section I. The records compiled cleated and maintained pursuant to this contract are included in the EEOC's Privacy Act System EEOC-3, "`I itle VII and ADA Discrimination Case Files', or Privacy Act System EEOC- 1, ' Age and Equal Pay Discrimination Case Files". The contents and operation of these systems are described in Federal Register Notice. "Privacy Act of 19744 Publication of System of Records, Proposed New Systems and Proposed New Routine Uses", dated July 30, 2002, and included in Section J of this contract. The EEOC s Privacy Act regulations, at 29 CFR, Part 1611 are hereby incorporated by reference. H.9 CHARGE DATA SYSTEM - DATABASE The Contractor is expected to reconcile its data base with the EEOC's data base as necessary and appropriate. If significant discrepancies occur and cannot be eliminated through a routine reconciliation the EEOC may request a hard inventory of the Contractor s charge inventory. Such hard inventory must be conducted in accordance with guidelines prescribed by the EEOC. 12 SECTION I CONTRACT CLAUSES 52.217-9 Option to Extend the Term of the Contract. (MAR 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months. (End of clause) 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): WWW acquisition.gov/far/index.html. (End of clause) Clause Number 52.202-1 152.203-3 52.203-5 52.203-6 52.203-7 52.203-8 52 203-10 52.203-12 152.204-4 152.204-7 52.209-6 52.215-2 52 215-8 52.222-3 52.222-3 1 152.222-26 Clause Title Definitions. (JAN 2012) Gratuities. (APR 1984) Covenant Against Contingent Fees. (APR 1984) Restrictions on Subcontractor Sales to the Government. (SEP 2006) Anti -Kickback Procedures. (OCT 2010) Cancellation, Rescission, and Recovery of Funds for Illegal or Improper Activity. (JAN 1997) Price or Fee Adjustment for Illegal or Improper Activity, (JAN 1997) Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) Printed or Copied Double -Sided on Postconsumer Fiber Content Paper (MAY 2011) Central Contractor Registration. (DEC 2012) Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debannent. (DEC 2010) Audit and Records - Negotiation. (OCT 2010) Order of Precedence - Uniform Contract Format. (OCT 1997) Convict Labor. (JUN 2003) Prohibition of Segregated Facilities, (FEB 1999) Equal Opportunity. (MAR 2007) e 113 152.222-35 152.222-36 152.222-37 ;52.222 40 152.222-50 152.222-54 ;52.223-6 152.223-18 152.224-1 152,224-2 152.225-13 52.229-4 52.232-1 52.232-8 52.232-11 52.232-25 52.232-33 52.233-1 52.233-3 52.233-4 52.242-2 52.243-1 *A1 52.244-6 52.245-1 52.249-4 52.249-8 52.252-2 52.253-1 Equal Opportunity for Veterans. (SEP 2010) Affirmative Action for Workers with Disabilities. (OCT 2010) Employment Reports Veterans. (SEP 2010) Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) Combating Trafficking in Persons. (FEB 2009) Employment Eligibility Verification. (JUL 2012) Drug -Free Woikplace. (MAY 2001) Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011) Privacy Act Notification. (APR I984) Privacy Act (APR 1984) Restrictions on Certain Foreign Purchases. (JUN 2008) Federal, State and Local Taxes (State and Local Adjustments). (APR 2003) Payments. (APR 1984) Discounts for Prompt Payment. (FEB 2002) Extras. (APR 1984) Prompt payment. (OCT 2008) ;Payment by Electronic Funds Transfer - Central Contractor Registration. (OCT 2003) ;Disputes. (JUL 2002) Protest after Award. (AUG 1996) Applicable Law for Breach of Contract Claim. (OCT 2004) Production Progress Reports. (APR 1991) Changes - Fixed -Price. (AUG 1987) - Alternate I (APR 1987) Subcontracts for Commercial Items. (DEC 2010) Government Property. (APR 2012) Termination for Convenience of the Government (Services) (Short Form). (APR 1984) Default (Fixed -Price Supply and Service). (APR 1984) Clauses Incorporated by Reference. (FEB 1998) Computer Generated Forms. (JAN 1991) SECTION J - LIST OF °ATTACHMENTS Attachment A - Worksharing Agreement for FY 2013 Attachment B - SF LLL, Disclosure of Lobbying Activities, 2 Pages Attachment C - Federal Register Notice, Dated April 26, 2006 and July 30, 2002 WORKSHARING AGREEMENT BETWEEN City of Fort Worth, Fort Worth 1-Iuman Relations Commission and THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Dallas District Office FOR FISCAL YEAR 2013 INTRODUCTION The City of Fort Worth, Human Relations Commission, hereinafter ✓ eferred to as the FEPA, has jurisdiction over allegations of e mployment discrimination,filed against employers of 15 or more e mployees occurring within the city limits of Fort worth, Texas based on race, color, religion, sex, national origin, age (40 years of age and older) and disability pursuant to City of Fort W orth City Code (Chapter 17,fivision 3, Section 17.71). The U.S. Equal Employment Opportunity Commission, hereinafter ✓ eferred to as the EEOC, has jurisdiction over allegations of e mployment discrimination occurring throughout the United States where such charges are based on race, color, religion, sex, or n ational origin, all pursuant to Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. § 2000(e)) (hereinafter ✓ eferred to as Title VII). The EEOC has jurisdiction to investigate and determine charges of discrimination based on age (40 or older_) 1967, as under amended the Age (29 U.S.C.§ wages based on sex under the Equal Pay Act of 1963, (29 U.S.C.§ 206) (EPA), and over allegations of discrimination based Americans with 12101) (ADA) , information as on disability Disabilities and the over basis Act the for pursuant to Title of 1990, use or as amended acquisition employment decisions pursuant Title II of the Genetic Information Nondiscrimination Act 2008. Discrimination in Employment Act of 621 et.seq.)(ADEA) for unequal as amended employment I of the (442 U.S.C. § of genetic t o o f In recognition of, and to the extent of the comnicn jurisdiction and goals of the two (2) Agencies, and in consideration of the mutual promises and covenants contained herein, the FEPA and the EEOC hereby agree to the terms which is designed to provide procedure for obtaining redress appropriate City of and Federal laws. of ._his Worksharincr Agreement, individuals with an efficient for their grievances under Fort Worth, Texas Discrimination Ordinances II. FILING OF CHARGES OF DISCRIMINATION A. In order to facilitate the asser_l.ion of employwFwent rights, the EEOC and the FEPA each designate the other as its agent for the purpose of receiving and drafting charges, including those that are not jurisdictional with the agency that initially receives t he charges. The EEOC s receipt of charges on the FEPA's behalf will automatically initiate the proceedings of both the EEOC and t he FEPA for the purposes of Section 706 (c) and (e) (1) of Title ✓ II. This delegation of authority to include the right of one Agency to determine t he other Agency over a charge. Charges can o ne agency to another in accordance with agreement or by other mutual agreement. receive charges sloes not t he jurisdiction of be transferred from t he terms of this The FEPA shall take all charges alleging a violation of Title ✓ II, the ADEA, the EPA GINA or the ADA where both the FEPA and t he EEOC have mutual jurisdiction, or where the EEOC only has jurisdiction, so loncx as the allegations meet the minimum ✓ equirements of those Acts, and for charges specified in Section III. A. 1. below, refer them to the EEOC for initial processing. Each Agency will inform individuals of their rights to file charges directly with the other Agency and or assist any person alleging employment discrimination to draft a charge in a manner t hat will satisfy the requirements of both agencies to the extent o f their common jurisdiction. N ormally, once an agency begins an investigation, it resolves the charge. Charges may be transferred between the EEOC and the FEPA w ithin the framework of a mutually agreeable system. Each agency w ill advise Charging Parties that charges will be resolved hy the agency taking tne charge except wnen the agency taking the charge lacks jurisdiction or wnen the charge is Lc be transferred in accordance with Section III (DIVISION OF INITIAL CHARGE - PROCESSING RESPONSIBILITIES)_ D For charges that are to be dual -filed, each Agency will use EEOC Charge Form 5 (or alternatively, an employment discrimination charge form which within statutory limitations, is acceptable in f orm and content to the EEOC and the FEPA) to draft charges. When a charge is taken based on disability, the nav_,re of the disability shall not be disclosed on tne face of the charge. Each Agency will make every effort to forward all dual filed Charges (3) working days of taken by the ;PEPA that t o the ocher_ agency within Charge data information on investigated by the EEOC Integrated Mission System the charge. Each agency will obtained at the time of intake. EEOC t he filing of ✓ elevant data includes EEOC Norm 212A (Transmittal Form), o f Discrimination), afficavit from the Cb possible a pre -counseling and post-counse information submitted by the Charging Part three charges will be entered by MS) within three (3) also the FEPA working days eccipt. will be in the of orward all other Thr> information Form 5 ;Charge arying Party, where form, documents and W ithin ten calendar days of receipt, each Agency agrees that it w ill notify both the Charging Party and the Respondent of the dual -filed nature of each such charge it receives for initial processing and explain the rights and responsibilities of the parties under the applicable Federal, State, or Local statutes. III. DIVISION OF INITIAL CHARGE -PROCESSING RESPONSIBILITIES In recognition of the statutory authority granted to the FEPA by S ection 706(c) and 706(d) of Title VII as amended; and by Title I of t he Americans with Disabilities Act, and the transmittal of charges of age discrimination pursuant to Lhe Age Discrimination in Employment Act of 1967, the primary responsibility for resolving charges between t he FEPA and the EEOC will be divided as follows: A. The EEOC and the FEPA will process all Title VII, ADA, and AREA charges that they originally receive. 1. For charges originally received by the HEOC and/or to be initially processed by the EEOC, the FEPA waives its right of exclusive jurisdiction Lc initially process such charges for a period of 60 days for the purpose of allowing the EEOC t o proceed immediately with the processing of such cnarges before the 61st day. In addition, the ETvOC will initially process the following charges: - - All Title VII, ADA, and concurrent Title VII/ADA charges jurisdictional with the FEPA and received by the FEPA 240 d ays or more after the date of violation; - - All disability -based charges that may not be resolved by t he FEPA in a manner consistent with the ADA. - All concurrent Title VII/E'PT. charges - - Ali GINA charges; - - All charges against the rLeA or it , parent organization where such parent organization exercises direct or indirect control over Lhe charge decision -making process; - All cnarges fled by Charges also covered Control Act; Commissioners; the Immi.grat ion Reform and - - Complaints 're.'= -erred to the EEOC by tine U . S . Department of Justice, Office of Federal Contract Compliance Programs, or T'ederal fund -granting agencies under 29 CFR § 1640, 1641, and 169i,- - - Any charge where the EEOC is a party to a Conciliation Agreement or a Consent Decree that, upon mutual consultation and agreement, is relevant to :the disposition of the charge. The EEOC will notify the FEPA of all Conciliation Agreements and Consent_ Decrees that have features relevant to the cisposition of subsequent charges; - - Any charge alleging retaliation for filing a charge with t he FEOC or for cooperating with the EEOC; and - - All charges against Respondents that are designated for initial processing by the EEOC in a supplementary memorandum t o this Agreement. 2 The FEPA will initially process the following types of charges: - - Any charge alleging retaliation for filiny a chargewith t he FEPA or cooterating with the FEPA; - - Any charge where the FEPA. is a party to a Conciliation Agreement or a Consent Decree that, upon mutual consultation and agreement, is relevant to the disposition of the charge. The FEPA will provide the EEOC with an on -going list of all Conciliation Agreements and Consent Decrees that have features relevant to the disposition of subsequent charges; - - All charges that allege more than one basis of discrimination where at least one basis is not covered by t he laws administered by the EEOC but is covered by the FEPA t rdinance, or where the FLOC is mandated by federal court decision or by internal administrative EEOC policy to dismiss the charge, but the FEPA can process that charge. All charges against Respondents that are designated for initial processing by the F I?PA in a supplementary memorandum t o tnis Agreement; and All disability -based charges against Respondents over which the EEOC does not have _jur_isdiction. Notwithstanding any other provision of the Agreement, the FEPA or t he EEOC may request to be granted the right -c initially process any charge suojecc to agreement of the other agency. Such variations shall not be inconsistent with. the objetc s of this W orksharing Agreement or the Contract in Principles. Each Agency will on a quarterly basis notify the other 11 cases in litigation and will noti_iy each other when a new suit is f iled. As charges are received by one Agency against a Respondent on the other Agency's litigation list a copy of the new charge will be sent to the other Agency's litigation.. unit within t hree working days. IV. EXCHANGE OF INFORMATION A. Both the FEPA and the EEOC shall make available for inspection and copying to appropriate officials from the other Agency any information that may assist each Agency in carrying out its responsibilities. Such. information shall include, but not necessarily be limited to, investigative files, conciliation agreements, staffing information, case management printouts, charge processing documentation, and any other material and data as may be related to the processing of dual -filed charges or administration of the contract. The Agency accepting information agrees to comply wild any confidentiality requirements imposed on t he agency providing the information. With respect to all information obtained from the EEOC, the FFPA agrees to observe t he confidentiality provisions of Title VII, the ADEA, the ADA and GINA. In order to expedite the :resolution of charges or facilitate the working of this Agreement, either Agency may .request or permit personnel of the other Agency to accompany or to observe its personnel when processing a charge. V RESOLUTION OF CHARGES A. Both agencies will adhere to the procedures set out in the EEOC's S tate and Local Handbook, including current revisions thereto. For the purpose of according substantial weight to the FEPA final finding and order, the FEPA must suomiL to the EEOC copies of all documents pertinent to conducting a substantial weight review, t he evaluation will be designed to determine whether the following items have been addressed in a manner_ sufficient to satisfy EEOC requirements; including, but not limited to: jurisdictional requirements, 2. investigation and resolution of all relevant issues alleging personal harm with appropriate documentation and using proper theory, relief, if approc_i to mechanisms for monitoring and enforcing compliance with all terms of conciliation. agreements, orders after public hearing or consent orders to which the FEPA. ie a party_ In order to be eligible for contract, creel :it and/or payment, submissions must meet all the substantive ant administrative requirements as stipulated it the Contracting Principles. For the purposes of determining eligibility for contract payment, a final action is defined as the point after which the charging party has no administrative recourse, appeal, or other avenue of redress available under applicable State and Local statutes. VT . IMPLEMENTATION OF THE WORKSHPRING AGREEMENT Each agency will designate a person as liaison official for the o ther agency to contact_ concerning the day-to-day implementation for the Agreement. The liaison for the FEPA will be Angela Rush and the liaison official for the EEOC will be Jaime Valdez. The agencies will monitor the allocation of charge -processing ✓ esponsibilities as set forth in the Agreement_ Where it appears t hat the overall projection appears inappropriate, the appropriate portions of this Agreement will be modified to ensure full utilization of the investigation and resolution capacities o f tie FEPA and rapid redress for allegations of unlawful e mployment discrimination. C The EEOC will provide original forms to be copied by the FEPA, in accordance with the Regulations and the Compliance Manual to be used by the FEPAs in correspondence with Charging Parties and Respondents. If a dispute regarding the agreement cannot be resolved Director, the issues will be and forwarded to the Director ✓ esolution. implementation or application of this FEPA and District Office to writing by both parties of Field Programs for by the reduced of the Office E This Agreement shall operate from the first day of October 2012 t o the thirtieth day of September 2013 and may be renewed or modified by mutual consent ot_ the parties. I have read the foregoiny Workshariny Agreement and I accept and agree to the provisions contained therein. 9 /17/17 Date V. Elizond.c(, Nqual Employ las District 0 �Cv Di ent trict Director Opportunity Commission Angela 'Rush, Human Relations Ads; s.li.istrator Worr_h, Human Relations Commission City of For DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosu •e.) 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: 1 a. contract a. bid/offer/application I a. initial filing lb. grant b. initial award b. material change c. cooperative agreen-ent c. post -award For Material Change Only: d. loan year quarter e. loan guarantee date of last report f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is a Subawardee, Enter Name Prime n Subawaniee and Address of Prime: Tier , if known: Congressional District, if known: 4c Conaressionai District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: 8. Federal Action Number, if known: 10. a. Name and Address of Lobbying Registrant (if individual, last name, first name, MI): 11 Information requested Ihrough Ibis font is authorized by title 31 U.S.O. section 1352. This disclosure ct lobbying activities is a malarial represerdatlon of fact upon which reliance was placed by the tier above when this transaction was made or entered into This disclosure is required pursuant to 31 U.S.C. 1352. This information will be available for public insoedion. Any person, who fails to file the required disclosure shall be subject to a ov t penalty of not less than $10,000 and not more than 5100,000 for each such failure. Federal/Use Only CF*A Numier, if applicable: Approved by OP:15 0348-0046 9. Award Amount, if known: b. Individuals Performing Services (including address if different from No. 10a ) (last name, first name, MI): Signature: Print Name. Title: Telephone No.: Date: Authorized for Local Reproduction Standard Form LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U_S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employeeof any agency, a Member of Congress, an officer or employee of Congress, or an employeeot a Member of Congress in connectionwith a covered Federal action. Completeail items that apply for both the initial filing and material change report Refer to the Implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report If this is a foltowup report caused by a material change to the inforrnation previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previouslysubmitted report by this reporting entity for this covered Federal action. 4 Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, it known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the arganizationfling the report in item 4 checks "Subawardee,"then enter the full name, address. city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizationaltevel below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1), if knrvn, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e_g., RF-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Narne, First Name, and Middle Initial (Mi). The certifying official shall sign and dale the form, print hisfher name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB Control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing cata sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. 49338 Federal Register! V• announcing the 2002 Annual N4oeting of the Ozone Transport Commission (OTC). During this meeting, the OTC will deal with appropriate: matters within the Ozone Transport Region in the Northeast and Mid -Atlantic States, as provided for under the Clean Air Act Amendments of 1990. This meeting is n ot subject to the provisions or the Federal Advisory Committee Act, Public Law 92-463, as amended. DATES: The OTC meeting will be held on Tuesday, August 6, 2002 starting at 9 a.m. (DST). ADDRESSES: The Inn at Essex, 70 Essex Way, Essex Junction, Vermont 05452; (802) 878-1100. Important Note: The Mid-Atlantic:/Northeast Visibility Union (MANE—VU) Board will meet the previous day, on Monday, August 5, 2002, from 1 p.m. until 5 p.m. (DST), al the same location. FOR FURTHER INFORMATION CONTACT: Judith M. Katz, U.S. Environmental P rotection Agency, Region ftl, 1650 Arch Street, Philadelphia, PA 19103; (215) ti14-2100. For Documents and Press inquiries Contact: Ozone Transport Commission, 444 Noun Capitol Strecd., NW., Suite 638, Washington, DC 20001; (202) 508-3840; e-mail: ozone @sso.org; Web site: htlp:/7 wwt v. sso. or'g/Ol c. S UPPLEMENTARY INFORMATION: The Clean Air Act Amendments or 1990 contain, at S ection 184, provisions for the "Control o f Interstate Ozone Air Pollution." S ection 184(a) establishes an "Ozone Transport Region" (OTR) comprised of the States of Connecticut, Delaware, ?viainc, NIaryland, •Massachuse( ts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode island, Vermont, parts of Virginia, and the District of Columbia. The Assistant Administrator for Air and Radiation of the Environmental Protection Agency convened the first electing of the commission in New York City on May 7, 1991, T11c purpose of the O'I'C is Lo deal with ground level ozone formation, transport, and control within the OTR. The purpose of this notice is to announce that this Commission will meet on August 6, 2002. The meeting will be held at the address noted earlier in this notice. Section 176A(b)(2) of We Clean Air Act Amendments of 1990 specifies that the meetings of the OTC are not subject to tl:e provisions of the Federal Advisory Committee Act. This ineeting will be open to the public as space permits. [ypc of Meeting: Open_ Agenda: Copies el the final agenda will be available from the O-1'C nftice (202) 508-38 40 (by e-mail: 67, No. 146 / Tuesday, July 30, 2002 ! Notices ozonemsso.org or via the OTC Web site at hdp://www.sso.orgiotc) on Tuesday, July 29, 2002. The MANE—VU agenda will be available at the same time, but separately on MANE—VU's Web site at h itp:%/wwiv.sso.mnnevn.org. The purpose of this meeting is to review major ozone health studies, discuss the role of clean energy and energy efficiency in ozone reduction efforts, and elisc.uss regional approaches to reducing ground -level ozone, including ozone transport. Dated: July 2:3, 2002. Donald S Welsh, Regional Administrator, Region M. [FR Doc. 02-19228 Piled 7-20-02; 8:45 amj BILLING CODE 6560--50-P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION P rivacy Act of 1974; Publication of N otices of Systems of Records and P roposed New Systems of Records AGENCY: Equal Employment Opportunity Commission. ACTION: Notice; publication of notices of systems of records, and proposed new systems of records. S UMMARY: This notice proposes four new systems of records and changes to a n umber of existing systems of records. This notice republishes all of EEOC's n otices for its systems of records subject to the Privacy Act in one issue of the Federal Register so that an accurate and complete text of the notices is available for use by individuals and by agency P rivacy Act officers. DATES: The changes to the existing systems of records arc effective on July 30, 2002. The proposed new systems of records will become effective, without further notice, on September 27, 2002, unless continents dictate otherwise. ADDRESSES: Written continents may be sent to the Office of Executive Secretariat, Equal Employment O pportunity Commission, Room 10402, 1801 L Street, NW., Washington, DC 20507. Copies of this notice are available in the: following alternate formats: large print, braille, electronic file on computer disk. and audio -tape. Copies may be obtained from the Publications Center by calling 1-800— (999-3362. FOR FURTHER INFORMATION CONTACT: Thomas J. Schlageter, Assistant Legal Counsel or Kathleen Oram, Sen or Attorney (202) 663-4669 (voice) or (202) 663-7026 (TOW. S UPPLEMENTARY INFORMATION: The Equal Empto 'anent Opportunity Commission last published its Privacy Act systems n otices in 1994. The Commission proposes four new systems of records to cover, in two cases, new programs that will collect individually identifiable records and, in the other two cases, existing records that through the use of information technology have become individually identifiable. In addition, the Commission is amending several of its systems to include additional categories of individuals or of records. The Commission is adding two new routine uses to its Iwo private sector case files systems and four new routine uses to its government -wide system of records covering federal sector complaint and appeal records. Finally, the Commission has amended several system notices to reflect current office n ames and has amended Appendix A to reflect current addresses of Commission o ffices. To ensure that users will have a copy of the current text of earn of its system notices, the Commission is publishing the complete text of all of its systems notices. A brief description of the major changes follows: REOC-1 Age and Equal Pay Act Discrimination Case Files. .A new category of individuals was added to cover individuals who file complaints u nder section 321 of the Government Employees Rights Act of 1991. EEOC-1 Age and Equal Pay Act D1Sv:'1l?li1?0tlall Cave Files and E1ZOC-3 Title VII and Americans With Disabilities Act Discrimination Case Files. Two new routine uses are proposed for each system. One would permit disclosure of information to o fficials of slate or local bar associations o r disciplinary boards or committees when they are investigating complaints against attorneys in connection with their representation of a party before EEOC. The proposed routine use in EEOC-3, (he Title VIi and ADDA cdse files system, is limited to disciplinary boards or cwnmihaus under [he control al a state or local governnient because these files ate covered by the confidentiality provisions contained in Title VII, 42 U.S.C. 2000c 5(b) arid 8(e). and may not be disclosed to members or the public. Officials of state or federal gover linents are not members of the public. The second new ,nutine use would permit disclosure of information to federal officials in connection with hiring, issuing a security clearance, or conducting a background check. The Commission has delwmined that these. proposed tontine ,iscs are coinpa!ihlc with the law enforcement purpose of the systems of records. EEOC-5 General Correspondence Records. The system of records '>vas Federal Register / Vol. 67, No amended to cover all correspondence and communications, by letter, phone call, or email, throuj,hout the agency to reflect the use of computerized tracking systems in many offices. EEOC-7 Employee Pay and Leave Records. Routine use i was amended to replace the General Services Administration with the Department of Interior. EEOC has switched its pay and leave system administration from the General Services Administration to the Department of the tnterior. EEOC-8 Employee Tavel and Hermbursenent Records. Routine use e was amended to replace the General Services Administration with the Department of Interior. EEOC has switched its financial management administrative services from GSA to the Department of the Interior. EEOC-9 Claims Collection Records. Routine use j was amended to replace the General Services Anministration with the Department of interior. EEOC has switched its financial management adminisuative services from GSA to the Departmc nt of the Interior. EEOC-12 Telephone Call Detail Records. The categories of individuals and records were amended to include U.S. government phone card holders and phone card records, including billino records. EEOC-13 Employee Identification Cards. The categories of records was amended to cover proximity card lists and records throughout the agency, where applicable. The system was previously limited to Headquarters proximity card holders. EEOC-15 Internal Harassment Inquiries. The Commission approved an internal order governing investigations o f allegations of harassment made by EEOC employees. This new system of records covers current or former EEOC e mployees' complaints or reports of harassment, witness statements, reports o f interviews, findings and recommendations, decisions arrd corrective actions taken and related correspondence and exhibits. Nine routine uses are proposed for the system. In addition, it is pi oposcd to exempt this system from certain provisions of the Privacy Act pursuant to section (k)('L) of the: Act. A Notice of P roposed Ruicrnaking is published separately in today's Federal Register proposing amendments o EEOC's P rivacy Act regulations that describe this oxen -nation. EEOC-16 Office of Inspector Generoi Investigative Piles. The Office of the Inspector General has reorganized its filing system and will be maintaining its invcstignttve flies by the name of the individuals who are subjects of 146. / Tuesday, July 30, 2002 / Notices 49339 disciplinary boards and to federal agencies when hiring, or conducting background checks or security clearances are proposed to be added to this system as well. They are described in greater detail above. In addition, the Commission proposes to add a new routine use permitting disclosure of information to employees of contractors engaged by an agency to carry out the agency's responsibilities under 29 CFR part 1614. Finally, the Commission proposes to add a new routine use permitting disclosure of information to potential witnesses during the course of an investigation, as may be appropriate and necessary to perform the agency's functions under 29 CFR part 1614. The Commission has determined that these four proposed routine uses are compatible with the law enforcement purpose of the system of records. A complete list of all EEOC systems of records is published below. The complete text of the notices follows. For the Commission. investigations by the Office relating to the programs and operations of the EEOC. The Connnission is adding a system of records covering those files. Six routine uses are proposed for the new system. In addition, it is proposed to exempt this system of records from certain provisions of the Privacy Act pursuant to sections (j)(2) and (k)(2) of the Act. A Notice of Proposed Rulemaking is published separately in today's Federal Register proposing amendments to EEOC's Privacy Act regulations that describe those exemptions. EEOC-17 Defensive Litigation Files. The Commission's Office of Legal Counsel has upgraded its computerized tracking system and filing system covering its defensive litigation files and has createcl a set of files containing testimony, affidavits and declarations givers by individuals during EEOC's d efense of lawsuits brought against the agency. Consequently, the Commission is adding a system of records covering the Office of Legal Counsel's defensive litigation files. The system covers all documents related to civil or administrative litigation brought against the Commission, which are retrievable by the name of the Individual who filed the litigation or the name of the individual witnesses who gave testimony, affidavits or declarations during the course of such litigation. Five routine uses are proposed for the new system. EEOC-113 Reasonable Accommodation Records. The Commission has issued an internal o rder establishing procedures for providing reasonable accommodation for individuals with disabilities under the Rehabilitation Act of 1.973. This new system of recorcls covers all current and former IZEOC employees and applicants' requests for reasonable accommodations, medical records, notes o r records made about requests, decisions on requests and records made to implement or track decisions on requests. Four routine uses are proposed for the system 'Phe proposed routine uses in the four new systems of records noted above meet the compatibility criteria since the information involved is collected for the purpose or the applicable routine uses. We anticivate that my disclosure pursuant to these routine uses will not result in any unwarranted adverse e ffects on personal privacy. EEOC/GOVT-1 Equal Employment Opportunity in the Federal Government Complaint and Appeal Records. The two routine uses proposed to be added to EEOC-1 and EEOC-:3. permitting disclosure to bar associations or Cari M. Dominguez, Chair. EEOC Systems of Records EEOC-1 Age and Equal Pay Act Discrimination Case Files. EEOC-2 Attorney Referral List. EEOC-3 Title VII and Americans with Disabilities Act Discrimination Case Files. EEOC-4 Liiographical Files. EEOC-5 Correspondence and Communications. EEOC-6 Employee Assistance Program Records. EEOC-7 Employee Pay and Leave Records. EEOC-8 Employee Travel and Reimbursement Records. EEOC-9 Claims Collection Records. EEOC-10 Grievance 'Records. EEOC-11 Records of Adverse Actions Against Nonprcference Eligibles in the Excepted Service. EEOC-12 Telephone Call Detail Records. EEOC-13 Employee Identification Cards. EEOC-14 Employee Parking Records. EEOC-15 Internal Harassment Inquiries. EEOC—I 6 Office of inspector General Investigative Files. EEOC-17 Defensive Litigation Files. EEOC-18 Reasonable Accommodation Records. EEOCIGOVI'-1 Equal Employment Opportunity in the Federal Government Complaint and .Appeal Record,. EEOC-1 SYSTEM NAME: Age and Equal Pay Act Discrinlinertitin Case Files. SYSTEM LOCATION: Field Oliice where the charge or complaint of discrimination was filed (sce Appendix A). Records of 40341 Federal Register / Vol. 67, No. 1.46 /Tuesday, July 30, 2002 / Notices complaints filed under section 321 of the Covernment Employees Rights Act o f 1991 are located in the Office of Federal Operations, 1801 L Street, NW., Washington, DC 20507, after a hearing has been requested. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons other than federal employees and applicants who file charges or complaints with EEOC alleging that an e mployer, employment agency or labor organization has violated the Age Discrimination in Employment Act of 1967 or the Equal Pay Ad of 1963, or who file complaints under section 321 o f the Government Employees Rights Acl of 1991. CATEGORIES OF RECORDS IN THE SYSTEM: This system contains the records compiled during the investigation of age and equal pay discrimination cases and during the investigation and Bearing of complaints filed under section 321 of the Governrent Employees Rights Act o f 1991. These records include: a. Documents submittecl by charging party or complainant such as charge of discrimination, personal interview statement, and correspondence. b. Documents submitted by employer such as statement or positron, correspondence, statements of witnesses, documentary evidence such as personnel files, records of earnings, e mployee benefit plans, seniority list, job titles and descriptions, applicant data, organizational charts, collective bargaining agreements, petition to revoke or modify subpoena. c. Records gathered and generated by EEOC in the course of its investigation and, in complaints filed under section 321 of We Government Employees Rights Act or 1991, during the hearing, such as letters of referral to stale fair employment practices agencies, correspondence .viI.h state fair employment practices agencies, witness statements, investigator's notes, investigative plan, report of initial and exit interview, investigator's analyses of evidence and char__=e, subpoenas, decisions and letters of determination, conciliation agreements, correspondence and any additional e vidence gathered during the course of the investigation. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 5 U.S.C. 301; 20 U.S.C. 209, 211, 216, 217, 625; 44 U S.C. 3101; 2 U.S.C. 1220. P URPOSE(S): This system is maintained for the purpose of enforcing the prohibitions against employment discrimination contained in the Agc Discrimination in Employment Act, the Equal Pay Act and section 321 of the Government Employees Rights Act of 1991. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records and information in these records may he used: a. To disclose pertinent information to a federal, state, or local agency or third party as may be appropriate or n ecessary to perform the Commission's functions under the Age Discrimination in Employment Act or Equal Pay Act. b. To disclose information contained in these records to state and local agencies administering state or local fair e mployment practices laws. c. To disclose non -confidential and n on -privileged information from closed ADEA/EPA case files (a file is closed when the Commission has terminated its investigation and has decided not to sue) to the employer where a lawsuit has been filed against the employer involving (hat information, to other e mployees of the same employer who have been notified by the Commission o f their right under 29 U.S.C. 216 to file a lawsuit on their own behalf, and their ✓ eln•esentat Ives. d. To provide information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of a party to the charge. e. To disclose pertinent information to the appropriate federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation or order, where the EEOC becomes aware of an indication of a violation or potential violation of civil or criminal 'taw or regulation. f. To disclose information to another federal agency, to a court, or to a party in litigation before a court or in an administrative proceeding being conducted by a federal agency when the government is a party to the judicial or administrative proceeding. g.'1'o disclose information to officials o f state or local bar associations or disciplinary hoards or committees when they are investigating complaints against attorneys in connection with their representation of a party before FLOC. h. To disclose to a Federal agency in the executive, legislative, or judicial branch of government, in response to its request information in connection with the hiring of an employee, the issuance o f a security ctear.ncu, the conducting o f a security or suitability investigation o r an individual, the classifying or jobs, o r the lawful statutory, administrative, or investigative purpose of the agency to the extent that the information is relevant and necessary to the requesting agency's decision. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: These records are maintained in file Folders and in computer dataDases. RETRIEVABILITY: These records are retrievable by charging party name, employer name and charge number. SAFEGUARDS: Paper records are maintained in a secured area to which only authorized personnel have access. Access to and u se of these records is limited to those persons whose official duties require such access. The premises are locked when authorized personnel are not on duty. Access to computerized records is limited, through use of access codes and entry logs, to those whose official duties require access. RETENTION AND DISPOSAL: Cases that are dismissed or closed for o ther than no cause are destroyed six months following the date of dismissal o r closure No cause tiles that are of value in the development of future class action or pattern and practice cases are retired to the Federal Records Center o ne year after the date of the last action and destroyed after three additional years. All other no cause files are destroyed one year after the date of the last action. Negotiated settlement riles are destroyed one year after the calendar year in which the settlement agreement is signed or after all obligations under the agreement are satisfied, whichever o ccurs later. \'Vhere. monetary benefits are realized in concurrent A' e, Equal Pay, and Title VII cases, the File is destroyed three years alter the date of the last action. Other files ate retired to the Federal Records Center one year after the date of the last action, including action in the federal courts or the last compliance review (the final report submitted by the respondent after conciliation to indicate compliance) and destroyed alter three additional years, except landmark cases. Landmark cases arc transferred to the nearest Federal Records Center two years after final court action and offered to the National Archives ten years after final court aCtiOf. S YSTEM MANAGER(S) AND ADDRESS: Director of the field office vhere the; charge was riled ';sec; ;\ppcnrlix A.). Federal Register/ Vol. 67, No. 146 /T.uesda Director of (hc Office of Federal Operations. 1801 L Street, NW., Washington, DC 20507. S YSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt under 5 U.S.C. 552a(k)(2) from subsections (c)(3), (d), (e)(1), (e)(4)(C), (C)(4)(1-1): (c)(4)(I) and (l) o f the Act. EEOC-2 S YSTEM NAME: Attorney Referral LisI. S YSTEM LOCATION: All )District Office; (see Appendix A). CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Attorneys :who represent plaintiffs in e mployment discrimination litigation. CATEGORIES OF RECORDS IN THE SYSTEM: This system contains attorneys' n ames, business addresses and telephone numbers, (he nature and amount of civil rights litigat ion experience, state and federal bar admission, whether the attorneys have the capacity and desire to handle class actions: whether the attorneys charge consultation lees land how much); whether She attar! cys t.:'iii waive the consultation fee; the types of fee arrangements the attorneys will accept, and whether the attorneys speak a foreign language fluently. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 42 U.S.G. 2000e-4(g); 44 U.S.C. 310-1. P URPOSE(S): '{,ills system is maintained for the purpose of providing charging pa 'ties, upon their request, with information about local attorneys who represent plaintiffs in employment discrimination litigation. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records and information in these records may be used: a. To refer charging parties to attorneys who handle litigation of employment discrimination lawsuits. b. To provide. information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Stored on prepared forms, index cards and coml''ttur databases, July 30, 2002/Notices 49341 RETRIEVABILITY: Indexed alphabetically by names of the attorneys. SAFEGUARDS: Access to this system of records is restricted to FLOC personnel who have a legitimate use; for the information. This system is stored in filing cabinets. Access to computerized records is limited, through use of access codes and entry logs, to those wnose official duties require access. RETENTION AND DISPOSAL: Files are reviewed and updated annually. S YSTEM MANAGER(S) AND ADDRESS: Regional Attorney at each District Office (see Appendix A). N OTIFICATION PROCEDURE: Inquiries concerning this system of records should be addressed to the appropriate system manager. It is n ecessary to furnish the following information: (1) Full name of the individual whose records are requested; (2) mailing address to which reply should he sent. RECORD ACCESS PROCEDURES: Sarno as above, CONTESTING RECORD PROCEDURES: Same us abu e. RECORD SOURCE CATEGORIES: The individual or: tvhom the record is maintained. EEOC-3 SYSTEM NAME: Title VIi and Americans ith Disabilities Act Discrimination Case files. SYSTEM LOCATION: Field Office where the charge of discrimination was filed (see Appendix A). CATEGORtES OF INDIVIDUALS COVERED BY THE SYSTEM: Persons, other than federal employees and applicants, who file charges alftginn' :hat an ex ;plover, employment agency, labor organization or joint labor- -management apprenticeship committee has violated "title VII of the Civil Rights Act of 1 064 or the Americans With Disibilities Act of 1990, or both CATEGORIES OF RECORDS IN THE SYSTEM: This system contains records COlnpi ted during the investigation Of race, colas-, religion, sex, arid national Origin discrimination cases and cases of discrin:inalio!i against individuals with disabilities. These records Include: a. Documents submitted by charging party, such as charge of discrimination, personal interview statement, medical records and correspondence. b. Documents submitted by employer such as statement of position, correspondence, statements of witnesses, documentary evidence such as personnel files, records of earnings EEO data, employee benefit pla;rs, seniority list, job titles and descriptions, applicant data, organizational charts, collective bargaining agreements, petition to revoke or modify subpoena. c. Records gathered and generated by EEOC in the course of its investigation such as letters to state or local fair employment practice agencies. correspondence with state fair employment practice agencies, witness statements, investigator's notes, investigative plan, investigators analyses of the evidence and charge, report of initial and exit interviews, copy of deferral to slate, subpoenas, decisions and Idlers of determination, analysis of deferral agency action, conciliation agreements, correspondence and any additional evidence gathered during the course of the investigation. AUTHORITY FOR MAINTENANCE OF THE SYSTEM 5 U.S.C. 301; 42 U.S.C. 2000e-5,-8 and —9; 42 U.S.C. 1211 7; 44 U.S.C. 3101. P URPOSE(S): This system is maintained for the purpose of enforcing the prohibitions against employment discrim!n ttion contained in Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records and information in these records may he used: a. To disclose pertinent information to a federal, state, or local agency or third party as may be appropriate or n ecessary to perform the Commission s functions under Title VII of the Civil Rights Act of 1964 and the Americans With Disabilities Act of 1990. 1u. To disclose information contained in these records to state and focal agencies administering state or local fair e mployment practices lows. c. fo disclose non -confidential or nor.-privilegeo information contained in these records to the following persons after a notice of right to sue: has been issued: 1. Aggrieved persons and their attorneys in case files intro' ving Commissioner Charges provided that such persons have been notified Of their status as aggrieved persons; 49342 Federal Register! Vol, 87, No. 146 i Tuesday, July 30, 20021 Notices 2. Persons or organizations filing on behalf of an aggrieved person provided that the aggrieved poison has given wiitten authorization to the person who filed on his or her behalf to act as the aggrieved person's agent for this purpose, and their attorneys; 3. Employers and their attorneys, provided that the charging party or aggrieved person has filed suit under Title VII or the Americans With Disabilities Act, or both. d. To provide information to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of a party to the charge. e. To disclose pertinent information to the appropriate federal, state or local agencies responsible for investigating, prosecuting, enforcing or implementing a statute, rule, regulation or order, where EEOC becomes aware of an indication of a violation or potential violation of civil or criminal lave or regulation. f. To disclose information to another federal agency, to a court., or to a party in litigation before a court or in an administrative proceeding being conducted by a federal agency when the government is a party to tho judicial or administrative proceeding. g. To disclose information to officials o f disciplinary boards or committees under the control ofa stale or local government wheat they arc investigating complaints against attorneys in connection with 1 aeir representation of a party before UEOC. h. To disclose to a Federal agency in the executive, legislative, of judicial branch of government, in response to its request information in connection with the hiring of an employee, the issuance o f a security clearance, the conducting o f a security or suitability investigation o f an individual, the classifying of jobs, or the lawful statutory administrative, o r investigative purpose of the agency to the extent that the information is relevant and necessary to the requesting agency's decision. o OLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: These records aro maintained in file folders and in computer databases. RETRIEVABILITY: "These records are retrievable by charging party name. employer name and charge number. SAFEGUARDS: Paper records; arc maintained in a secured area to which only authorized personnel have access. Access to and u se of these records is limited to those person; whose official duties require such access, The premises are locked when authorized personnel are not on duty. Access to computerized records is limited, through use of access codes and entry logs, to those whose official duties require access. RETENTIONAND DISPOSAL: Cases that are dismissed or closed for o ther than no cause are destroyed six months following the date of dismissal or closure. No cause files that are of value in the development of future class action or pattern and practice cases are retired to the Federal Records Center o ne year after the date of the last action and destroyed after three additional years. All athet no cause files are destroyed one year after the date of the last action. Negotiated settlement files are destroyed one year after the calendar year in which the settlement agreement is signed or after all obligations under the agreement are satisfied, whichever o ccurs later. Where monetary benefits are realized in concurrent Age, Equal Pay, Title 1JII and Americans With Disabilities Act cases. the file is destroyed three years after the late of the last. action. Other files ate retired to the Feder al Records Center one year after the date of the last action, including action in the federal courts or the last compliance review (the final report submitted by the respondent after conciliation to indicate compliance) and destroyed after three additional years, except landmark cases. Landmark cases are transferred to the nearest Federal Records Center two years after final court action and offered to the National Archives ten nears after final court action SYSTEM MANAGER(S) AND ADDRESS: Director of tale field office vvhere the charge was filed. SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT: This system is exempt. under 5 U.S.C. 5523(k)(2) from subsections (c(3), (d), (e)(4)(G), (c)(4)(}I), (e)(4)(T). area (f) o f the At:t. EEOC 4 SYSTEM NAME: 13iographical files. S YSTEM LOCATION: Office of Communications and Legislative Affairs, Equal Employment Oppm tun ty Commission, 1801 T. Street, tibV., Washington, DC 20507. alaldraik CATEGORIES OF IN•IVIPUALS COVERED BY THE SYSTEM: Current and former Commissioners, General Counsels and Commission officials. CATEGORIES OF RECORDS IN THE SYSTEM: Includes for each the name, date and place of birth, education, employment history, and other biographical information. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: 44 U.S.C. 3101, 42 U.S.C. 2000e-4. PURPOSE(S): This systern is maintained for the purpose of providing information about EEOC officials to members of the Congress and the public. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: These records and information in these records may be used a. To answer public and congressional inquiries regarding EEOC Commissioners, General Counsels and Commission officials. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: Stored in locking metal file cabinets available to office employees and on computer databases. RETREIVABILITY: Indexed by last name of the Commissioner, General Counsel or Commission official. SAFEGUARDS: Files are kept in the Office of Communications and Legislative Affairs, which is locked evenings. weekends and holidays. Access to computerized records is limited, through use of access codes and entry togs, to those whose official duties require access. RETENTION AND DISPOSAL Maintained permanently. SYSTEM MANAGER(S) AND ADDRESS: Director, Office Of Communications and Legislative Affairs, Equal Employment Opportunity Commission, 1801 L Street, NV\T., Washington, DC 20507. NOTIFICATION PROCEDURES: Inquiries concerning this system of records should be addressed to the system managcl. All inquiries should furnish the full narne of the individual and the mailing address to which !ha reply ,should he mailed. Federal Register/ Vol. 71, No. CIO/Wednesday, A it 26, 2006iNotices 2`A7( hurl-a-to-ho-l- c .ri-ciont-curd-Caor,fn riser tf�e activities of tho Inspectors Co-nora(. ho Commission proposes to add a no v systom of records, EEOCr-19, Rom lying Fund Registrations. The Con m,isscon's'Revolving Fund was e sta lishod by Congress to permit EJLOC tops vitro equal on,ploymont o ppoc unity training end lech.nicn n ssista -ice et cos( to employers nn inch vic rats and use .liie pracoods further raining and technical assistant a. The Rovolvjng run proposes to )coop a dntebn.so of informntie n About the persons vha have attended J training or tocbn• al assistance l rogra.lns. The rag'-tration inforrnalionn is used by Rovo ing Fund staff for the ) rogcam in con ection with which it. was ecoivod and or mailings about future. 1' ograms. Tin ea routine red for the ow syzter'n. The Commis. ion also roposos to add a now systorn o records E•ROC-20, 'RESOLVE Progr• rn Rncnrds. RESOLVE is l;EOC'.s interne olio •iativo dispute resolution prograi t. 7' o RESOLVE Program providos to EEOC e mployees for t)lei? .rural resolution of • variety of workpla e disputes as nn alternative to tho p•f: edures that employees txnditio a ly usa to resolve disputes, such as no -EO complaint process and the r Sgoti lted end administrative g evante procedures. RESOLVE cover a varit ty of common workplaco chip 11os and ssucs, such as terms and tour itions oftmploylnonl, requests for ref6isonablo ac.orlmodation and ailegatio L.s of employ ent disci -mimeo n. Throe rout no uses are proposed fo this new systen. Tito prop sod routine use, for EEOC 16, Office f inspector Conort l Jnves(igat'vo Files, and We hid,. pioposet now systems of records meek the comy atibiiity criteria since tho in-forma��(ion involvod is collect d for the purposh of the applicable rouiin r uses. -VVe anticipate that any disclosure purst>tllnt to those routino uses wilt not result' in any unwarranted adverse elilerjIs an personal privacy. U SOS are pYopo 17(nally, the Con mission leas erne /tlt(knndix A to reflect We current n and addresses of its of€ices in the clot Ter the Commisieri, Uri kt. Doniinpez, Accordingly, it is proposed that: 1 -EE0C-1, Ago and Equal Pay Act tisscrin,ination Cese files, most recently published at 67 FR 4.9338, 40339 (July 3o 2002) is arnondod as set font? below.. • SYSTEM MANAGErn(S) ANU ACURESS: Director of the office in the field where the charge was fled (see Appendix A). Director of the Office of Field Progrnnls, 1801 L Street. Nvv., Washington, DC 20507. Diroctor of the Office of Federal Operations, -I8o1 L Street, NW., Washington, DC 20607 (only for complaints filed under section 321 of the Government Employees Right Act of 199:1). 2. LEOC-3, Title VIl and Americans With Disabilities Act Discrimination Case Files, most recently published at 67 FR 49333, 49341 (July 30, 20021, is ttnlondod as set forth below. SYSTEM MANACER(S) ANO ADDRESS: Director of the office in the fretd where the charge -was filed (sea Appendix A). Director of the Office of 'Hold Programs, 1(101 L Street, NW.. Washington, DC 20507. rtreEeS 9& office-e 44'rrpeG c>r % Glyntoral Investigative Files, most re onlly published et 67 FR 49330 49- 51 (July 30, 2002), is amended s sot fort below. ROUTIN SYSTEM, THE PURP • 6. To di authorize° Council on integrity arid E (PCIE) and tao Exocutivc Integrity and Efficiency ( Oepv-tinenl o Justice, at bureau of Inve -ligation of conducting q taliteti reviews of tho O.fico General's invest I' h. To disclose tr authorized officials ECM for their pro tiro President and activities of the ispot 4. EEOC/GOVr--) ; b teal Employment Opportunity inillo 'Fed rot Government Complaint end Appeal 1 ecords, most recently publ'silod at 67 7R 49333, 49354- (July 0, 2002), is a )ended as set forth below USES OF RFConne MAi!1 iAIN - IN THE UCLUOING CATEGOVIIE_S OF U4FEns ,NO SES Or SUCH USES.: !J/ :close information/o officials of the P esident's iciency until Gn CIE), the d the Federal or lbe purpose e assessment lnspecter operations. motion to of the PCCE and the abon of reports to Congress on tiro tors General. SYSTEM MAN Within w here th was file Direct Empl ment Opportunity of olh\ o ffice it designated es responsible adrn nistration and enforcement o ere I employment opportunity lays an regulations within the agency o ddnartment. hors an individual has requested rains-tic-spttle-rntt ergor of hor>:ri-, GEn(S) ANC ADORES he agency or dopa, ,neat complaint of discrimination i \t the system manager s Wu of the Office of Equal I-IcinOlttinc -• 7; Fed. ftcg. 74705'LV06 ho ,,, tncrDh'uctot-crf-t-licrO.tt s;e ,f Aioid Programs, 11101 I., Sscot, NW.t� l.A. eshington. 3C 20507. (/ Nhoro An EEO complaint or ftnol ,,o,1otietod griouor.rr> decision has Mien a-1 .Dated to EEOC or an iadividual�htts IT IJ path ioneri ECOC for review of tl deci ion of the Iviorit Systems Pr oetio 'Tear:I, the systom it -tonal -cot of the :wpmor pa ition file ,s amTOitattor. O� ic.o of Fodor-i Operations. iuoa L St.roit. NW. Waalli.rgton, DC- 5. EL C-1O, Revolving Taunt Ret;istc< .ions, 1s added as sot iOri.ii lielo•ry: gr_OG-le S YSTEM NAN Rovoivir Fund l.n(;ir;irn4f ens. // S YSTEM I.00A ION: Rovolvi g i' d Dives ioli. Of Ciao of Fiold Programs, Lqual Ira-plcyenozat Opportunity :on•srnicsiotp. 180:1 Street NW., VVoshin ton, DC 71507, GATEGOIIIES OF i• 'i IvIOUAt_vCOVFRE0 OY ltlr S YSTEM; inclividl,als zo rnr.Stcr for or attend EECC Rovolving Font progra.ma courses rind cont rot os and who purehnsr pubI;ce,, o s and products. cnlfcortieS OP ar:Col 5 her nu: SYSTM The system coat} ins lbo mimes, lob tides, company, DI urzetion or Agency nitrites, business a c osSC.S and phono numbers, email D dreSSD5. any roasbnnbtn nccONnn0t'nlior, requested, and ettenclancn f v taut :h:lso dates. Sarno of the records -> ay con Et in payment information, tllh industy of tho company, and no site c,If ISte. Establisher ont • AIM/10111TV ! -OP YSTEM- These re :orris aYll inta nod for the Fund pro is and puillici.r. ng future program Theta reicorci sand informatib these yeicords relay ho us-cid to: Fun programs. TeCillOSI. 01 that individual. c- To disclose information to anotikr daral agency, to a court, or ICI part ts t-tigtt et cu. litifriro-rr-con Rd lying 'tQUAL EMPLOYMENT OPPORTUNITY COMMISSION Washington, D,C 20507 .iancial Officer JUL 2 3 2013 urt Worth Community Relations Department rEPA Director .,0 Throckmorton Street .-ort Worth, TX 76102-6312 RE' Contract No EECCN130018 Dear FEPA Director: Enclosed is a fully executed copy of the above contract. It is being submitted for your information and file. Should you have any questions regarding this contract, please do not hesitate to contact me on (202) 663-4219. Sincerely, Caroline Fowler, Contracting Officer Acquisition Services Division Enclosure M&C Review Page 1 of 2 OUNCIL GENDA Official site of the City of Fort Worth, Texas FORT WORTH COUNCIL ACTION: Approved on 7/9/2013 - Ordinance No. 20792-07-2013 DATER 7/9/2013 REFERENCE NO.: **C-26304 LOG NAME 02EE0C2013 CODE' C TYPE CONSENT PUBLIC HEARING: NO SUBJECT: Authorize Execution of a Contract for Receipt in the Amount Up to $64,350.00, Including Interest, with the United States Equal Employment Opportunity Commission to Process Employment Discrimination Cases for Fiscal Year 2013 for the Human Relations Unit of the City Manager's Office and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a contract, Contract No EECCN130018, with the United States Equal Employment Opportunity Commission and accept funds in the amount up to $64,150.00; 2. Authorize the use of anticipated interest in the amount up to $200.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in the amount up to $64,350.00. DISCUSSION: In January 1977, the United States Equal Employment Opportunity Commission (EEOC) recognized the Human Relations Commission (HRC) as a local deferral agency and a Fair Employment Practice Agency (FEPA) in accordance with Section 706(c) of the United States Equal Employment Opportunity Act of 1972, Title VII, of the Civil Rights Act of 1964, as amended. Pursuant to this section, the EEOC, prior to asserting jurisdiction over employment discrimination charges, defers such charges for resolution to a local or state agency having authority to enforce a local or state fair employment law similar to Title VII, the Age Discrimination in Employment Act and the Americans with Disabilities Act. On May 9, 2013, the HRC received a Contract No. EECCN130018, from the EEOC indicating that the EEOC would provide partial reimbursement for 93 charges of discrimination, 46 deferrals and funds for mandatory EEOC training. Reimbursement of program expenditures are as follows: 1. $60,450.00 for resolution of 93 charges of alleged discrimination at a cost of $650.00 per case; 2. $2,300.00 for deferral of 46 non -jurisdictional charges of discrimination at a cost of $50.00 per case; and 3. $1,400.00 for reimbursement of expenses relating to mandatory training at an EEOC sponsored annual conference. On May 28 2013, the Fort Worth HRC voted to approve the EEOC contract and seek authorization from the City Council to allow the execution of Contract No EECCN130018 with the EEOC to process employment discrimination cases. http://apps.cfwnet.org/council_packet/mc review.asp7ID=18543&councildate=7/9/2013 8/5/2014 M&C Review Page 2 of 2 The United States Equal Employment Opportunity Commission serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, receipt of the grant and adoption of the attached appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Grants Fund. TO Fund/Account/Centers GR76 451723 002216647000 GR76 5 (VARIOUS) 002216647010 GR76 441012 002216647000 $64.150.00 $64.350.00 $200.00 FROM Fund/Account/Centers Submitted for Citv Manager's Office bv: Charles Daniels (6199) Oriainatina Department Head: Angela Rush (6155) Additional Information Contact: Tracy Bancroft Lasseter (8988) ATTACHMENTS 02EE0C2013 A013.doc http://apps.cfwnet org/council packet/mc review.asp?ID=18543&councildate=7/9/2013 8/5/2014