HomeMy WebLinkAboutOrdinance 27481-02-2025Ordinance No. 27481-02-2025
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND IN AN
AMOUNT UP TO $103,740.00 ($93,740.00 FROM THE CONTRACT PLUS
ACCRUED INTEREST FROM CONTRACTUAL AWARD FUNDS IN AN
AMOUNT UP TO $10,000.00 BASED ON ACTUAL RECEIPTS), SUBJECT TO
RECEIPT OF THE GRANT, FOR THE PROCESSING OF EMPLOYMENT
DISCRIMINATION CASES FOR FISCAL YEAR 2025; PROVIDING FOR A
SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF
PRIOR ORDINANCES; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2024-2025 in the
Budget of the City Manager, there shall also be increasing estimated receipts and appropriations in the Grants
Operating Federal Fund in an amount up to $103,740.00 ($93,740.00 from the contract plus accrued interest
from contractual award funds in an amount up to $10,000.00 based on actual receipts), subject to receipt of
the grant, for the processing of Employment Discrimination cases for Fiscal Year 2025.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair
the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall
be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance 27107-09-2024 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE: February 25, 2025
CITY SECRETARY
Jannette S. Goodall
City Secretary
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AWARD/CONTRACT I'- This Contract is a Rated Order under the Defense Priorities and Allocations (RATING (PAGE OF PAGES
System (DPAS) -Code of Federal Regulations -at 15 CFR 700. , 1 118
2. CONTRACT (Procurement, Instruction, Identification) NUMBER . EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUEST/PROJECT NUMBER
45310025CO021 10/01/2024 FP250045
S. ISSUED BY CODE 1453100 6. ADMINISTERED BY(lfotherfhanItem 5) CODE IFE458
EEOC OCFO ASD EEOC Dallas District Office
131 M Street, N.E., 4th Floor 207 S. Houston Street
Washington, DC, 20507 Dallas, TX, 75202-4726
7. NAME AND ADDRESS OF CONTRACTOR (Number, Street, County, State and ZIP Coin) 8. DELIVERY
CITY OF FORT WORTH
200 TEXAS ST ❑FREE ONBOARD Q OTHER (See below)
(FOB) ORIGIN
FORT WORTH, TX, 76102 9. DISCOUNT FOR PROMPT PAYMENT
Net Days - 30
I10. SUBMIT INVOICES ITEM
copies unless
of
otherwise specified)
CODE TOTHEADDRESS See Schedule
ENS6MKS1ZL18 IFACILITYCODE gGLM6 I SHOWN IN
11. SHIP TO/MARK FOR CODE I 12. PAYMENT WILL BE MADE BY CODE EECPAY
EEC Paysent, Interior Business Center
Attn: EEOC Invoice Processing Tess
See Schedule Denver, Co, 80225
13. AUTHORITY FOR USING OTHER THAN FULL AND OPEN COMPETITION UNDER 4. ACCOUNTING AND APPROPRIATION DATA
THE UNITED STATES CODE AT:
10 U.S.C. 3204(a)( ) a 41 U.S.C. 3304(a)( 5) See Schedule
15A. ITEM NUMBER 15B. SUPPLIES/SERVICES 15C. QUANTITY 15D. UNIT 15E. UNIT PRICE 15F. AMOUNT
See Schedule
15G. TOTAL AMOUNT 0 � CONTRACT ► I $ 93740
16. TABLE OF CONTENTS
(X) I SECTION I DESCRIPTION I PAGE(S)
(X) ISECTIONI DESCRIPTION I PAGE(S)
PART I - THE SCHEDULE
PART ll - CONTRACT CLAUSES
X A SOLICITATION/CONTRACT FORM
X I I (CONTRACT CLAUSES
(_4
N
X B SUPPLIES OR SERVICES AND PRICES/COSTS
PART 111 -LIST OFDOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS
x C DESCRIPTION/SPECIFICATIONSIWORK STATEMENT lt'r
X I J (LIST OF ATTACHMENTS
X D PACKAGING AND MARKING)
PARTIV- REPRESENTATIONSAND INSTRUCTIONS
X E INSPECTION AND ACCEPTANCE L,
K REPRESENTATIONS, CERTIFICATIONS AND OTHER 0,..
X F DELIVERIES OR PERFORMANCE
STATEMENTS OF OFFERORS I
x G CONTRACT ADMINISTRATION DATA
L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS
X H SPECIAL CONTRACT REQUIREMENTS UJ
M EVALUATION FACTORS FOR AWARD V )
CONTRACTING OFFICER WILL COMPLETE ITEM 17 (SEALED -BID OR NEGOTIATED PROCUREMENT) OR 18 (SEALED -BID PROCUREMENT) AS APPUCABLE
17. 0 CONTRACTOR'S NEGOTIATED AGREEMENT(Contractorisrequiredfo
18. SEALED -BID AWARD (Contraclorisnot requinedto sign this document.)
sign this document and return 1 copes to Issuing office.)
Yourbid on Solicitation Number
Contractor agrees to furnish and deliver all items or perform all the services set
including the additions orchanges made by you which additions or changes are set
forth or otherwise Identified above and on any continuation sheet5s for the
forth in full above, is hereby accepted as to the terms listed above and on any
consideration slated herein. The rights and obligations of the parties to this
continuation sheets. This award consummates the contract which consists of the
contract shall be subject to and governed by the following documents: (a) this
award/contract, (b) the solicitation, If any, and (c) such provisions, representations,
following documents: (a) the Government's solicitation and your bid, and (b) this
certifications, and specifications. as are attached or Incorporated by reference
meet i
award/contract. No further contractual document is necessary. (Block 18 should be
contractual
herein. (Attachments are listed herein.)
checked only when awarding d-bid t.)
19A. NAME AND TITLE OF SIGNER (Type orprint)
20A. NAME OF CONTRACTING OFFICER
DANABURGHDOFF
Adams, John D
ASSISTANT CITY MANAGER
john.adams@eeac.gov
19B. NAME OF CONTRACTOR
19C. DATE SIGNED
20B. � 6 TAM OF AMERIC®igitally signed by
20C. DATE SIGNED
Dono Bur hdof
BY.:.9,
Dec 27, 2024
J u�� v • John D. Adams II
BYE
�
(Signature ofperson authorized to sign)
�a rm-4 of C�n::J a .38-
AUTHORIZED FOR LOCAL REPRODUCTION APPROVED AS TO FORM AND LEGALITY STAIN A" FORM 26 (REV.12/2022)
Previous edition Is NOT usable raw. Prescribed by GSA- FAR (48 CFR) 53.214(a)
JESSIKA VNLLIAMS. ASSISTANT CITY ATTORNEY
L _..
45310025C0021
Page 2 of 18
TABLE OF CONTENTS:
Listing of Incorporated Purchase Requisitions......................................................................................................................................3
Section B - Supplies or Services and Prices/Costs..................................................................................................................................3
Section C - Description/Specifications/Work Statement .................................................... ................................................ »»............... 5
Section D - Packaging and Mai -Icing ......................................................................................................................................................8
Section E - Inspection and Acceptance Terms.....................................................................................................................................8
Section F - Delivery or Performance......................................................................................................................................................9
Section G - Contract Administration Data.......................................................................................................................................... 10
Section N - Special Contract Requirements........................................................................................................................................ 13
SectionI - Contract Clauses................................................................................................................................................................. 15
Section J - List of Documents, Exhibits, and other Attachments....................................................................................................... 17
Listing of Incorporated Purchase Requisitions
Incorporated Purchase Requisition Numbers:
FP250045
Section B - Supplies or Services and Prices/Costs
Item Number Base Item Supplies/Services Quantity
Number
0001 TITLE VII, ADEA, ADA, PWFA AND 103
GINA CHARGE RESOLUTIONS
I Contract Type:Firm Fixed Price
I Unit Price
I I Extended Price
45310025C0021
Page 3 of 18
Unit
EA
$830.00
$85,490.00
Description:
Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been
filed since October 1, 2020, (or since October 1, 2019, for each charge where a determination of reasonable
cause is issued and the charge is processed through hearings and/or litigation). Period of Performance:
10/01 /2024 — 09/30/2025.
Purchase Requisitions FP250045
I
ACRN
Funded Amount $85,490.00
I
IDC Type:
Item Number Base Item
Number
0002
Contract Type: Firm Fixed Price
Not Applicable
Supplies/Services
TITLE VII, ADEA, ADA, PWFA AND
GINA INTAKE SERVICES
Quantity Unit
50 EA
Unit Price I $125.00
Extended Price $6,250.00
Description:
Provide Intake Services for charges, with interview notes, filed during the period October 1, 2024 to
September 30, 2025. Period of Performance: 10/01/2024 — 09/30/2025.
I
Purchase Requisitions FP250045
I
ACRN
Funded Amount $6,250.00
IDC Type: Not Applicable
45310025C0021
Page 4 of 18
Item Number Base Item Supplies/Services Quantity Unit
0003 I Number I FY 2025 EEOC/FEPA TRAINING I 1 I LT
Contract Type: Firm Fixed Price
Unit Price $2,000.00
Extended Price $2,000.00
Description:
Training to facilitate successful completion of contract, including EEOC-Sponsored Annual Training. Period
of Performance: 10/01/2024 — 09/30/2025.
Purchase Requisitions FP250045
ACRN
Funded Amount $2,000.00
I
IDC Type: Not Applicable
Item Base Item Supplies/Services
Number Number
0004 OPTION YEAR 1 - TITLE VII, ADEA, ADA, PWFA
AND GINA CHARGE RESOLUTIONS
I
Description:
Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been
filed since October 1, 2021, (or since October 1, 2020, for each charge where a determination of reasonable
cause is issued, and the charge is processed through hearings and/or litigation). Period of Performance:
10101/2026 — 09/3012027.
Purchase Requisitions
I
IDC Type: Not Applicable
Item Base Item Supplies/Services
Number Number
0005 OPTION YEAR 1 - TITLE VII, ADEA, ADA, PWFA
AND GINA INTAKE SERVICES
I
Description:
Provide Intake Services for charges, with interview notes, filed during the period October 1, 2025 to September
30, 2026. Period of Performance: 10101/2025 — 09/30/2026,
I I
Purchase Requisitions
I I
IDC Type: Not Applicable
Item Base Item Supplies/Services
Number Number
0006 OPTION YEAR 2 - TITLE VII, ADEA, ADA, PWFA
AND GINA CHARGE RESOLUTIONS
I
45310025C0021
Page 5 of 18
Description:
Processing and Resolving, Title VII, ADEA, ADA, PWFA and GINA Charges. Each Charge must have been
filed since October 1, 2022, (or since October 1, 2021, for each charge where a determination of reasonable
cause is issued, and the charge is processed through hearings and/or litigation). Period of Performance:
10/01 /2026 — 09130/2027.
I
Purchase Requisitions
IDC Type: Not Applicable
Item Base Item Supplies/Services
Number Number
0007 OPTION YEAR 2 - TITLE VII, ADEA, ADA, PWFA
AND GINA INTAKE SERVICES
I
Description:
Provide Intake Services for charges, with interview notes, filed during the period October 1, 2026 to September
30, 2027. Period of Performance: 10/01/2026 — 09/30/2027.
I
Purchase Requisitions
I I
IDC Type:
Not Applicable
000
Number Number
8 I Base Item I OPTION YEAR 2 — FY 2027 EEOC/FEPA TRAINING
I I
Description:
Training to facilitate successful completion of contract, including EEOC-Sponsored Annual Training. Period of
Performance: 10/01/2026 — 09/30/2027.
I
Purchase Requisitions
I I j
IDC Type: Not Applicable
Clauses incorporated by reference
None
Clauses incorporated by full text
None
Section C - Description/Specifications/Work Statement
Clauses incorporated by reference
None
Clauses incorporated by full text
45310025CO021
Page 6 of 18
CA Background
A. The Equal Employment Opportunity 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; the Genetic Information Nondiscrimination Act (GINA) of 2008; and the Pregnant Workers
Fairness Act (PWFA). The EEOC also recognizes the need to ensure the employment rights of
individuals granted by Federal, State, and Local anti -discrimination laws.
B. The EEOC has entered into a partnership with the FEPA, herein referred to as the Contractor, for
continuous development and enhancement of this system.
C.2 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, notification of dual -filed charges to respondents within 10
days, rebuttal opportunity for charging parties, determinations supported by evidence,
resolutions with remedies and resolution of charges on a current basis.
2. The training of Contractor personnel in charge processing procedures comparable to 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 terruinology (such as common language pertaining to types
of resolutions) that is the same as or comparable to that used by the EEOC.
5. The development and maintenance of a system to ensure that the EEOC and the Contractor
maintain comparable 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.
7. Use of an effective case management system 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 that will ensure maintenance of a charge inventory
of less than 365 days; and
d. ensures that quality standards are met and are comparable to or 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. Upon execution, the Worksharing
Agreement dated 10111/2024, 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 dual -filed
charge, the designated party will process the charge. The other party shall refrain from processing the
dual -filed charge pending completion by the initial processor to prevent duplication of effort.
D. The Contractor shall:
45310025C0021
Page 7 of 18
implement in partnership with the EEOC, a system that permits each party to perform various
functions on behalf of the other, such as, accepting charges for each other, within the statutory
limitations; and
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, or (b) place restrictions on the use of its funds, or (c) revise the
Contractor's operating procedures or regulations that impact 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
current Contracting Principles are incorporated in their entirety into this contract.
Notwithstanding any provisions in the Statement of Work or elsewhere in this contract, this contract,
inclusive of any amendments/modifications, does not cover —and the EEOC cannot accept for credit —
any work that the EEOC and its agents are enjoined from performing because of a court order.
C.3 Statement of Work
Processing of Charges - Title VII, PWFA, ADA, GINA and ADEA Charges, as applicable:
A. The Contractor shall submit dual -filed charges to the EEOC for contract credit including, but not limited
to, no cause findings, successful settlements, successful conciliations, administrative resolutions, and
final orders issued following and pursuant to administrative hearings. 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, 2024 and September 30, 2025 according to the following provisions.
1. All charges will be evaluated and determinations made in accordance with the theories of
discrimination in employment as developed under Title VII, PWFA, ADA, GiNA, and ADEA,
or other comparable local standards, as applicable.
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 and intake services for which payment is requested under this contract will be
processed and awarded contract credit in compliance with the State, Local, and Tribal Handbook
and the Worksharing Agreement.
4. Contract credit submissions will include final dispositions of dual -filed 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, or when no cause is
found. The fifteen -day period during which a Substantial Weight Review may be requested
and/or the period during which a Substantial Weight Review is conducted is not considered for
the purposes of computing the operative date of the final disposition of a charge.
Contract credit submissions that are not final dispositions will include:
a. dual -filed charges to be litigated by the Contractor where the EEOC receives copies of
the complaints bearing confirmation of the filing dates with the Court, or other
appropriate official confirmation of the filing dates of the complaints;
45310025C0021
Page 8 of 18
b, certain types of dual -filed charges that must be transferred to the EEOC that are not
final actions by the Contractor, as specified in the State, Local, and Tribal Handbook;
and
G. contract credit for intake services may be given when the EEOC accepts for processing
a charge initially filed with but not jurisdictional for the Contractor. Conti -act credit for
intake services may be granted when the Contractor has submitted all charge intake
documentation (e.g., complete intake interview notes, signed and dated charge of
discrimination) and proof of timely charge service on the employer.
6. Dual -filed 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 Agency Record
Center (ARC) or any successor system, if applicable. Where the Contractor uses the EEOC's
Gateway system to ARC, charge resolutions submitted for credit pursuant to this contract will be
designated in at least 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 will preserve all case files and records relevant to all dual -filed 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
None
Clauses incorporated by reference
None
Clauses incorporated by full text
D
Charge/case file materials must be uploaded into the EEOC's Agency Record Center (ARC) and or EEOC Secure Share
Section E - Inspection and Acceptance Terms
None
Clauses incorporated by reference
45310025CO021
Page 9 of 18
None
Clauses incorporated by full text
EA INSPECTION AND ACCEPTANCE
A. Inspection and acceptance shall be made by the COR. Inspection and acceptance shall be made pursuant
to the standards set forth in applicable section(s) of the State, Local, and Tribal 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 Handbook and Worksharing Agreement. The EEOC
District Office will conduct an on -site evaluation of the investigative and administrative 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.
Section F - Delivery or Performance
Line Item: 0001
Period Of Performance Start Date
10/1/24
Line Item: 0002
Period Of Performance Start Date
10/1/24
Line Item: 0003
Period Of Performance Start Date
1011124
Period Of Performance End Date
9/30125
Period Of Performance End Date
9130/25
Period Of Performance End Date
9/30/25
Clauses incorporated by reference
None
Clauses incorporated by full text
Period Of Performance Address
EEC Location
131 M Street, NE
Washington
DC US 20507
Period Of Performance Address
EEC Location
131 M Street, NE
Washington
DC US 20507
Period Of Performance Address
EEC Location
131 M Street, NE
Washington
DC US 20507
45310025CO021
Page 10 of 18
SECTION F - DELIVERIES OR PERFORMANCE
F.1 PERIOD OF PERFORMANCE
A. The period of performance tinder this contract shall be from October 1, 2024 through September 30, 2025,
with two, one-year options to extend the term of the contract. (See Section I, 52.217-9 "Option to Extend the
Tenn of the Contract").
B. The period of performance for Option Period I and Option Period II are as follows:
Option Period I — October 1, 2025 through September 30, 2026
Option Period II — October 1, 2026 through September 30, 2027
F.2 TIME OF DELIVERY/DELIVERABLES
A. When the Contractor enters a charge in the EEOC computerized Agency Records Center (ARC) or any
successor system, the following procedures will be used.
1 Make accurate and timely charge data entries in ARC 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. Dual -filed charge resolutions submitted for contract credit
review will not be accepted for payment if it is detennined that any required data entry has not been
made by the FEPA. A determination not to award contract credit made may be reversed under the
procedures set forth in Section III.B.4.a. of the current Contracting Principles.
2. Enter basic charge data (including parties' email addresses if available) into ARC or successor system
within five (5) business days of the Contractor's receipt of each charge as set forth in Section III.B.4.a
of the current Contracting Principles in order to be eligible to receive contract credit.
3. Upon EEOC request, FEPA will provide a list of final actions within an agreed upon time, but usually
no later than 30 calendar days after the resolution of each charge.
4. Enter all charge data before requesting contract credit.
B. When the Contractor uses the EEOC's Gateway system to ARC or any successor system, the following
procedures shall be used. The Contractor will:
1. subm it monthly contract production reports to the COR for review. Upon award of the contract, report
for each month must be received by the COR not later than the 5th business day of the subsequent
month.
2. Furnish to the COR, separate written reports as may be expressly required.
3. When requested by the COR, the Contractor will forward all charge file information, or a copy of such
information, within five business days of the requests through a mutually agreed upon secured
method. The COR may extend or reasonably alter the five-day time frame as deemed necessary and
appropriate. Failure to timely submit reports and charge file information will result in the denial of
contract credit for the affected resolutions.
Section G - Contract Administration Data
Total Obligated Amount:$93,740.00
The Oblipted Amount is broken down byY line of accountin;�,�as follows:
ontract ACRN: LOA:202510100B2525DI10SLPPSIFPSLPINN2510101999996I9999ISLCRINA4NAINA
jkmount:$85,490.00
45310025CO021
Page 11 of 18
IClin 0001385,490.00
1
Contract ACRN: LOA:202510100B2525DI10SLPPSIFPSLPINA12510101999996199991SLINTKINAINAINA
Amount:$6,250.00
Clin 0002:$6,250.00
Contract ACRN: LOA:202510100B2525DI10SLPPSIFPSLPINA12510101999996199991SLTRNGINAINAINA
Amount:$2,000.00
Clin 0003:$2,000.00
1
Requesting Office Address
EEOC Office of Field Programs - State and Local
131 M Street, N.E., 5th Floor
Washington DC 20507
Phone: Fax:
Contact Details:
Yao, James
JAMES.YAO@EEOC.GOV
COR Office Address
EEOG Dallas District Office
207 S. Houston Street
Dallas TX 75202-4726
Phone: 210-281-7627 Fax: 210-281-2522
Contact Details:
Issuing Office Address
EEUC OCFO ASD
131 M Street, N.E., 4th Floor
Washington DC 20507
Phone: Fax: 202-663-4178
Contact Details:
Adams, John D
john.adams@eeoc.gov
Submit Invoices To Address
EEG Invoice, IBC Email
Email: eeoc,,—Vendor_payments—ibcdenver@ibc.doi.gov
Denver CO 80225
Phone: Fax:
Contact Details:
Administration Office Address
EEOC Dallas District Office
207 S. Houston Street
Dallas TX 76202-4726
Phone: 210-281-7627 Fax: 210-281-2522
Contact Details:
Remit To Office Address
EEC Payment, Interior Business Center
45310025CO021
Page 12 of 18
Attn: EEOC Invoice Processing Team
One Denver Federal Center
Bldg 48, Mail Stop D 2770
Denver CO 80225
Phone: Fax:
Contact Details:
Clauses incorporated by reference
None
Clauses incorporated by full text
G
G.1 CONTRACT ADMINISTRATION DATA
A. Contracting Officer: See Block 20A of SF 26
B. Inspection and Acceptance: See Section E of the Schedule
C. Accounting and Appropriation Data: See Accounting Line, Accounting and Appropriations Data
D. Contracting Officer's Representative: Hector Colon-Padro
EEOC State, Local and Tribal Program Manager
EEOC Dallas District Office
Office Telephone: (210) 640-7546
Email: Hector. Colon-Padro(a.eeoc.gov
E. Paying Office: See Block 12 of SF-26
F. Program Contact:
James Yao, Deputy Director State,
Local and Tribal Programs Office of
Field Programs
131 M Street, N.E., Fifth Floor Washington,
DC 20507
Telephone: (202) 921-2886
Email: james.vao( .eeoc.aov
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, Local and Tribal 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 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
Contractors 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
receipt to record acceptance in EEOC's financial
45310025CO021
Page 13 of 18
system. No payment may be made until a properly completed receipt is entered for the payment office.
GA INVOICING INSTRUCTIONS
A. A copy of the original invoice shall be sent to the COR for review and approval prior to submitting the
voucher to IBC.
B. The original invoice required to make payment to the Contractor may be sent electronically by the COR or the
Contractor to the following e-mail address:
eeoc_vendor_payments_IBCDenver-a IBC.DOI.Gov
G.5 PAYMENT SCHEDULE
Upon contract execution, an advance payment invoice not to exceed twenty-five (25) percent of the number of charge
resolutions stated in the contract may be submitted by the
Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. No
payment will be made until the contract and subsequent modifications, if any, are digitally returned, properly executed, to
the Equal Employment Opportunity Commission, Acquisition Services Division.
G.6 TRAINING SUPPORT/CONTRACT ADJUSTMENTS
Relative to training, the Contractor may voucher and provide receipts within 10 business days after completing the training.
The EEOC may adjust the contract for training when the following conditions exist:
A. If the Contractor has not invoiced and provided receipts for training within 10 business days of completing the
training, the Contracting Officer may unilaterally deobligate funds allocated for the training.
B. In the event the government determines before training is to be conducted that the amount of fiords 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
Clauses incorporated by reference
None
Clauses incorporated by full text
H
H.1 TITLE VI1, ADA, GINA and PWFA CONFIDENTIALITY PROVISIONS
A. The Contractor agrees to abide by the confidentiality provisions of Title VII, ADA, GINA and the PWFA as
those provisions are interpreted by the EEOC. The Contractor shall not make public the following
information, if said information was obtained from the EEOC, unless required by court order:
1. The existence of a Title Vll, ADA, GINA, and/or PWFA charge filed by a particular charging party
against a particular respondent, unless a Title VII, ADA, GINA and/or PWFA lawsuit has been
instituted based upon the charge.
2. Information obtained by the EEOC pursuant to its investigation authority (Section 709(a)), unless a
Title VII, ADA, GINA and/or PWFA lawsuit involving that information has been instituted.
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.
4. Pursuant to Paragraph 4(b) of the EEOC Memorandum of Understanding with the Office of Federal
45310025CO021
Page 14 of 18
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.
H.2 CONTRACT ADJUSTMENTS
A. The COR will review production on a quarterly basis. The Contractor is expected to produce approximately
I/4 of the total charge resolutions required under the contract each quarter. 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.
3. 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 for dual -filed charges created and developed in the performance of
this contract at all reasonable times when they are in the possession of the Contractor. The Contractor shall have access
to such dual -filed 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 either
the Contractor or the EEOC except as authorized in accordance with the Confidentiality Provisions set forth at paragraph
H.1 and the Privacy Act requirements in paragraph H.8.
HA INDEMNIFICATION
To the extent permitted by the law, 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 EEOC and
the Contractor.
H.6 DIRECT AND INDIRECT COSTS
This is a fixed price contract. No additional funds will be added for direct or indirect costs incurred by the Contractor in the
performance of services that exceed the unit price(s) indicated in the pricing schedule.
H.7 NOTICE OF ADVERSE COURT ACTION
The Contractor will provide written notification to the Program Contact of any adverse local, state, or federal court decision
issued against the Contractor relevant to the Equal Opportunity clause in Section I of this contract. Such notice shall be
provided within ten (10) business days of the court's decision.
H.8 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 1. The records
compiled, created and maintained pursuant to this contract are included in the EEOC's Privacy Act System EEOC-3, "Title
VII, Americans with Disabilities Act, and Genetic Information Nondiscrimination Act Discrimination Case Files," or Privacy
Act System EEOC-1, "Age and Equal Pay Discrimination Case Files." The contents and operation of these systems are
described in Federal Register Notice, "Privacy Act of 1974; Publication of Notices of Systems of Records and Proposed
New Systems of Records", dated November 17, 2016, and included in Section J of this contract. The EEOC's Privacy Act
regulations, at 29 CFR, Part 1611 are hereby incorporated by reference.
H.9 CHARGE DATA SYSTEM - DATABASE
The Contractor is expected to reconcile its database with the EEOC's database as necessary and appropriate. If significant
45310025CO021
Page 15 of 18
discrepancies occur and cannot be eliminated through a routine reconciliation,
the EEOC may request a hard inventory of the Contractors charge inventory. Such hard inventory must be conducted in
accordance with guidelines prescribed by the EEOC.
H.10 Information Security Related to Use of EEOC's Agency Records Center (ARC) OR Successor System
FEPA Directors are responsible for authorizing ARC account creation and determining the appropriate level of system
access to provide each user by employing the concept of least privilege - providing the minimal level of access required to
perform their job functions. When determining the appropriate level of access for a user, the FEPA Director must consider
the status of the user's government background investigation (whether completed or in -process). EEOC policy is to
iimit/restrict a users system access until the background investigation is completed.
FEPA Directors must ensure that, upon a user's separation, ARC or successor system access is removed and system
accounts are disabled as of the close -of -business on the employee's separation date.
Inactive accounts (accounts that have not been logged in within 30 days) will be disabled by the
EEOC.
A certification of system accounts by each FEPA Director must be performed at least annually. During this review a list of
active system users will be forwarded to the FEPA Director for their review. Each FEPA Director or their designee must
review the account listing to ensure that all individuals listed for each system have the need and the proper level of access
for each system. Any modifications or deletions must be forwarded by the FEPA Director to EEOC for action and the
Director must then certify the accuracy of the report before returning it to EEOC.
Users must access ARC or successor system from workstations that are compliant with the software baseline, security and
privacy policy requirements of their state/local government oversight bodies. At a minimum, workstations must include
compliant software, anti-malware, data at rest (DAR) protection that is updated on a regular basis, to meet all available
protection options. All workstations must be secured, screen -locked or locked down when not in use.
FEPA Directors are responsible for ensuring that their employees, contractors, contingent workers, and all other users of
EEOC's ARC or successor system receive Information Security Awareness Training on an annual basis. Each FEPA
location will formally designate an Information Technology (IT) and Information Security (INFOSEC) point of contact
(POC) and relay the POC to EEOC.
Section I - Contract Clauses
Clauses incorporated by reference
None
Clauses incorporated by full text
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 prior to the
contract expiration date; provided that the Government gives the Contractor a preliminary written notice of its intent to extend
at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.
(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months.
45310025CO021
Page 16 of 18
(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.acauisition.aov/far/index.htmi.
(End of clause)
Clause Number Clause Title
52.202-1
Definitions. (JUN 2020)
52.203-3
Gratuities. (APR 1984)
52.203-5
Covenant Against Contingent Fees. (MAY 2014)
52.203-6
Restrictions on Subcontractor Sales to the Government.
(JUN 2020)
52.203-7
Anti -Kickback Procedures. (JUN 2020)
52.203-8
Cancellation, Rescission, and Recovery of Funds for Illegal
or Improper Activity. (MAY 2014)
52.203-10
Price or Fee Adjustment for Illegal or Improper Activity. (MAY
2014)
52.203-12
Limitation on Payments to Influence Certain Federal
Transactions. (JUN 2020)
52.203-17
Contractor Employee Whistleblower Rights and Requirement
to Inform Employees of Whistleblower Rights. (NOV 2023)
52.203-19
Prohibition on Requiring Certain Internal Confidentiality
Agreements or Statements (JAN 2017)
52.204-4
Printed or Copied Double -Sided on Postconsumer Fiber
Content Paper (MAY 2011)
52.204-12
Unique Entity Identifier Maintenance. (OCT 2016)
52.204-13
System for Award Management Maintenance. (OCT 2018)
52.204-23
Prohibition on Contracting for Hardware, Software and
Services Developed or Provided by Kaspersky Lab and
Other Covered Entities. (NOV 2021)
52.204-25
Prohibition on Contracting for Certain Telecommunications
and Videos Surveillance Services or Equipment. (NOV 2021)
52.209-6
Protecting the Government's Interest When Subcontracting
with Contractors Debarred, Suspended, or Proposed for
Debarment. (NOV 2021)
52.215-2
Audit and Records - Negotiation. (JUN 2020)
52.215-8
Order of Precedence - Uniform Contract Format. (OCT 1997)
52.222-3
Convict Labor. (JUN 2003)
52.222-21
Prohibition of Segregated Facilities. (APR 2015)
52.222-26
Equal Opportunity. (SEPT 2016)
52.222-35
Equal Opportunity for Veterans. (JUN 2020)
45310025C0021
Page 17 of 18
152.222-36
Equal Opportunity for Workers with Disabilities. (JUN 2020)
52.222-37
Employment Reports on Veterans. (JUN 2020)
Notification of Employee Rights Under the National Labor
152.222-40
Relations Act (DEC 2010)
52.222-50
Combating Trafficking in Persons. (NOV 2021)
52.222-54
Employment Eligibility Verification. (MAY 2022)
152.223-6
Drug -Free Workplace, (MAY 2001)
Encouraging Contractor Policies to Ban Text Messaging
152.223-18
While Driving. (JUN 2020)
52.224-1
Privacy Act Notification. (APR 1984)
52.224-2
Privacy Act. (APR 1984)
52.225-13
Restrictions on Certain Foreign Purchases. (FEB 2021)
52.229-4
Federal, State, and Local Taxes (State and Local
Adjustments). (FEB 2013)
52.232-1
Payments. (APR 1984)
52.232-8
52.232-11
Extras. (APR 1984)
52.232-25
Prompt payment. (JAN 2017)
52.232-33
Payment by Electronic Funds Transfer System for Award
Management. (OCT 2018)
52.232-39
Unenforceability of Unauthorized Obligations. (JUN 2013)
52.233-1
Disputes. (MAY 2014)
52.233-3
Protest after Award. (AUG 1996)
52.233-4
Applicable Law for Breach of Contract Claim. (OCT 2004)
52,242-2
Production Progress Reports. (APR 1991)
52.243-1 'A1
Changes - Fixed -Price. (AUG 1987) - Alternate I (APR 1984)
52.244-6
Subcontracts for Commercial Products and Commercial
Services. (NOV 2023)
52.245-1
Government Property. (SEP 2021)
52.249-4
Termination for Convenience of the Government (Services)
(Short Form). (APR 1984)
52.249-8
Default (Fixed -Price Supply and Service). (APR 1984)
52.252-2
Clauses Incorporated by Reference. (FEB 1998)
52.253-1
Computer Generated Forms. (JAN 1991)
Section J - List of Documents, Exhibits, and other Attachments
None
45310025CO021
Page 18 of 18
Clauses incorporated by reference
None
Clauses incorporated by full text
Attachment A - Worksharing Agreement for FY 2025
Attachment B - SF LLL, Disclosure of Lobbying Activities, 2 Pages
Attachment C - Federal Register Notice, Dated November 17, 2016
Revised 9/24
EEOC/FEPA WORKSHARING AGREEMENT
WORKSHARING AGREEMENT
BETWEEN
FORT WORTH HUMAN RELATIONS COMMISSION
And
THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
DALLAS DISTRICT OFFICE
FISCAL YEAR 2025
INTRODUCTION
A. The FORT WORTH HUMAN RELATIONS COMMISSION, hereinafter
referred to as the FEPA, has jurisdiction over allegations of employment
discrimination filed against employers with 15 or more employees
occurring within THE CITY OF FORT WORTH based on race, color
reliaion, sex, national oriain. aae (40 vears of aae and older), and disability
pursuant to the Citv of Fort Worth Code, Chapter 17. Division 3, Section
17.71.
The U.S. Equal Employment Opportunity Commission, hereinafter referred
to as the EEOC, has jurisdiction over allegations of employment
discrimination occurring throughout the United States where such charges
are based on race, color, religion, sex (including pregnancy, gender
identity and sexual orientation), or national origin, all pursuant to Title VII
of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000e et seq.)
(hereinafter referred to as Title VII). The EEOC also has jurisdiction to
investigate and determine charges of discrimination based on age (40 or
older) under the Age Discrimination in Employment Act of 1967, as
amended (29 U.S.C. § 621 et seq.)(ADEA); for unequal wages based on
sex under the Equal Pay Act of 1963, as amended (29 U.S.C. § 206(d))
(EPA); over allegations of employment discrimination based on disability
pursuant to Title I of the Americans with Disabilities Act of 1990, as
amended (42 U.S.C. § 12101 et seq.)(ADA); over the use or acquisition of
genetic information as the basis for employment decisions pursuant to
Revised 9/24
Title II of the Genetic Information Nondiscrimination Act of 2008 (42
U.S.C. § 2000ff et seq.)(GINA); and over allegations alleging failure to
provide a reasonable accommodation based on pregnancy, childbirth, or
related conditions, pursuant to the Pregnant Workers Fairness Act of 2022
(42 U.S.C. § 2000ff et seq.) (PWFA). Section 709(b) of Title VII and the
procedural regulations, 29 C.F.R.§ 1601.13(c), and §1626.10 for ADEA
cases, provide for the EEOC to enter into worksharing agreements with
FEPAs, such that FEPAs can receive pay to investigate some EEOC
claims.
B. In recognition of, and to the extent of the common jurisdiction and goals of
the two Agencies, and in consideration of the mutual promises and
covenants contained herein, the FEPA and the EEOC hereby agree to the
terms of this Worksharing Agreement (Agreement), which is designed to
provide individuals with an efficient procedure for obtaining redress for
their grievances under appropriate CITY OF FORT WORTH, TEXAS,
ANTI -DISCRIMINATION ORDINANCES and Federal laws.
II. FILING OF CHARGES OF DISCRIMINATION
A. In order to facilitate the assertion of employment rights, the EEOC and the
FEPA each designate the other as its agent for the purpose of receiving
and drafting charges, including those that are not jurisdictional with the
agency that initially receives the charges. The EEOC's receipt of charges
on the FEPA's behalf will automatically initiate the proceedings of both the
EEOC and the FEPA for the purposes of Section 706(c) and (e)(1) of Title
VII. This delegation of authority to receive charges does not include the
right of one agency to determine the jurisdiction of the other agency over a
charge. Charges can be transferred from one agency to another in
accordance with the terms of this Agreement.
B. The FEPA shall take all charges alleging a violation of Title VII, ADEA,
EPA, GINA, the ADA, or PWFA where both the FEPA and the EEOC have
mutual jurisdiction, or where the EEOC only has jurisdiction, so long as
the allegations meet the minimum requirements of the applicable statute,
and for charges specified in Section III. A. 1. below, and refer them to the
EEOC for initial processing.
C. Each agency will inform individuals of their rights to file charges directly
with the other agency and or assist any person alleging employment
discrimination to draft a charge in a manner that will satisfy the
requirements of both agencies to the extent of their common jurisdiction.
Normally, once an agency begins an investigation, it resolves the charge.
Charges may be transferred between the EEOC and the FEPA in
accordance with the terms of this Agreement. Each agency will advise
Revised 9/24
charging parties that charges will be resolved by the agency taking the
charge except when the agency taking the charge lacks jurisdiction or
when the charge is to be transferred in accordance with Section III of this
Agreement.
D. For charges that are to be dual filed, each agency will use the EEOC
Charge Form 5 (or alternatively, an employment discrimination charge
form which within statutory limitations, is acceptable in form and content to
the EEOC and the FEPA) to draft charges. When a charge is taken based
on disability, the nature of the disability shall not be disclosed on the face
of the charge.
E. Within ten calendar days of receipt, each agency agrees that it will notify
both Charging Party and 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.
F. Notwithstanding any provisions in this Worksharing Agreement or
elsewhere, this Agreement, inclusive of any amendments/modifications,
does not cover, and the EEOC does not accept for credit, any work that
the EEOC and its agents are enjoined from performing because of a court
order.
III. DIVISION OF INITIAL CHARGE -HANDLING RESPONSIBILITIES
The primary responsibility for handling charges at the intake and investigation
stages' between the FEPA and the EEOC will be divided as follows:
A. The EEOC will investigate all Title VII, EPA, ADA, GINA, ADEA, and
PWFA charges that it originally receives, and the FEPA will investigate all
charges that it originally receives under its respective state or local
statutes.
1. For charges originally received by the EEOC and/or to be initially
investigated by the EEOC, the FEPA waives its right of exclusive
jurisdiction to initially investigate such charges for a period of 60
days for the purpose of allowing the EEOC to proceed immediately
with the investigation of such charges before the 61 st day.
1 The terms "investigation" or "investigate' for purposes of this Agreement includes all intake and investigative evidence gathering
actions, communications and correspondence related to inquiries and filed charges Including interviews of potential claimants and
witnesses; review and assessment of charges; jurisdiction and duplication of charge assessments; contract credit
requeslslassessments, etc. This does not include matters at the litigation stage.
Revised 9/24
In addition, the EEOC will initially investigate the following charges:
a. All Title VII, ADA, PWFA and concurrent Title VII/ADA charges
jurisdictional with the FEPA and received by the FEPA 240 days or
more after the date of violation;
b. All disability -based charges that may not be resolved by the
FEPA in a manner consistent with the ADA.
c. All concurrent Title VII/EPA charges;
d. All charges against the FEPA or its parent organization where
such parent organization exercises direct or indirect control over
the charge decision -making process;
e. All charges filed by EEOC Commissioners;
f. All charges filed by EEOC Office Directors under EPA and/or
ADEA;
g. Charges also covered by the Immigration Reform and Control
Act;
h. Complaints referred to the EEOC by the U.S. Department of
Justice; the U.S. Department of Labor, Office of Federal Contract
Compliance Programs; or Federal fund -granting agencies under 29
CFR §§ 1640, 1641, and 1691;
i. Any charge where the EEOC is a party to a Conciliation
Agreement or a Consent Decree that is relevant to the charge;
j. Any charge alleging retaliation for filing a charge with the EEOC
or for cooperating with the EEOC;
k. All charges against Respondents that are designated for initial
investigation by the EEOC in a supplementary memorandum to this
Agreement; and
I. All charges filed under GINA.
2. The FEPA will initially investigate the following types of charges
under its respective state or local statutes:
a. Any charge alleging retaliation for filing a charge with the FEPA
or cooperating with the FEPA;
Revised 9/24
b. Any charge where the FEPA is a party to a Conciliation
Agreement that is relevant to the charge. The FEPA will notify the
EEOC on a quarterly basis of all Conciliation Agreements;
c. All charges that allege more than one basis of discrimination
where at least one basis is not covered by the laws enforced by the
EEOC but is covered by the state or local laws enforced by the
FEPA, or where a court order prohibits the EEOC from handling the
charge, but does not prohibit the FEPA from processing that charge
under state or local law;
d. All charges against Respondents that are designated for initial
investigation by the FEPA in a supplementary memorandum to this
Agreement agreed to by the EEOC; and
e. All disability -based charges against Respondents over which the
EEOC does not have jurisdiction.
B. Notwithstanding any other provision of the Agreement, the FEPA or the
EEOC may request to be granted the right to initially investigate any
charge subject to agreement of the other agency. Such variations shall not
be inconsistent with the objectives of this Worksharing Agreement or the
Contracting Principles.
C. The EEOC and the FEPA may agree to cooperate and investigate cases
together for the good of the public. The EEOC District Director and the
FEPA Executive Director/Administrator will reduce to writing how the
agencies will work together, setting forth the division of labor and how the
agencies will proceed to jointly investigate. The Charging Parties (if any)
and Respondents will be informed of the division of labor and the intent to
investigate together to ensure transparency in the investigative process to
better serve the public. In the event of a dispute in this subsection, the
agencies will resolve the dispute under Section VI.D that governs
resolving disputes. Both agencies agree to represent a united front to the
relevant employer and the employer's employees and applicants for
employment involved in the matter.
IV. EXCHANGE OF INFORMATION
A. In furtherance of cooperative and coordinated efforts envisioned by
Title VII and the procedural regulations, the FEPA and the EEOC
will make available for inspection and copying to appropriate
officials from the other agency, charge processing information that
may assist the agency in carrying out its investigative
responsibilities, as is practicable. Such information may include
Revised 9124
case information contained in investigative files and other material
or data as may be related to the processing of dual filed charges or
administration of the contract. Each agency is permitted to
withhold, in its discretion, deliberative, confidential, and otherwise
privileged information. The receiving agency will not provide the
shared information to third parties without the express written
consent of the agency that provided the information originally,
except as required by law or court order. The agency accepting
information agrees to comply with any confidentiality requirements
imposed on the agency providing the information to the extent
possible. With respect to all information obtained from the EEOC,
the FEPA agrees to observe the confidentiality provisions of Title
VII, ADA, PWFA, and GINA and comply with the Privacy Act. The
parties understand that this provision is for investigative purposes
only and any information obtained cannot be used outside the
investigative process.
B. In order to expedite the resolution of charges or facilitate the working of
this Agreement, either agency may request or permit personnel of the
other agency to accompany or to observe its personnel when investigating
a charge.
V. RESOLUTION OF CHARGES
A. Both agencies will adhere to the procedures set out in the EEOC's State
and Local Handbook, including current revisions.
B. For the purpose of according substantial weight to the FEPA's final finding
and order, the FEPA must submit to the EEOC copies of all documents
pertinent to conducting a substantial weight review; the evaluation will be
designed to determine whether the following items have been addressed
in a manner sufficient to satisfy the EEOC requirements; including, but not
limited to:
1. jurisdictional requirements,
2. investigation and resolution of all relevant issues alleging personal
harm with appropriate documentation and using proper theory,
3. relief, if appropriate,
4. mechanisms for monitoring and enforcing compliance with all terms
of conciliation agreements, orders after public hearing, or consent
orders to which the FEPA is a party.
Revised 9/24
C. To be eligible for contract credit and/or payment, submissions must meet
all the substantive and administrative requirements as stipulated in the
Contracting Principles.
D. For the purposes of determining eligibility for contract payment, a final
action is defined as the point after which Charging party has no
administrative recourse, appeal, or other avenue of redress available
under applicable State and Local statutes.
VI. IMPLEMENTATION OF THE WORKSHARING AGREEMENT
A. Each agency will designate a person as liaison official for the other agency
to contact concerning the day-to-day implementation for the Agreement.
The liaison official for the FEPA will be LAURIE MANIOTIS, SR. HUMAN
RELATIONS INVESTIGATOR. The liaison official for the EEOC will
be HECTOR COLON-PADRO, STATE. LOCAL & TRIBAL PROGRAM
MANAGER.
B. The agencies will monitor the allocation of charge -processing
responsibilities as set forth in the Agreement. Where it appears that
modifications should be made, the Agreement may be modified as
needed.
C. The agencies agree to work together in furtherance of the EEOC's current
Strategic Plan objectives when assessing the allocation of charges under
the Agreement and to cooperate in compliance and enforcement efforts as
well as training, outreach and technical assistance efforts encompassed
by the Strategic Plan.
D. If a dispute regarding the implementation or application of this Agreement
cannot be resolved by the FEPA Executive Director/Administrator and the
EEOC District Office Director, the issues will be reduced to writing by both
parties and forwarded to the EEOC Director of the Office of Field
Programs (OFP) who may request additional information from the FEPA
Executive Director/Administrator or the EEOC District Director. The
Director of OFP's determination is final and may include, among other
things, rescission of this Agreement and contract for services. This
dispute resolution mechanism is the exclusive remedy for all disputes
arising under this Agreement.
E. This Agreement shall operate from the first day of October 2024 to the
thirtieth day of September 2025 and may be renewed or modified by
mutual consent of the parties.
Revised 9/24
I have read the foregoing Worksharing Agreement and I accept and agree to the
provisions contained therein.
Date: 10 $ $4
FEPA Signature
Coo ! pi reC�y
FEPA Title
Fby+ WbY*) &1A�OY) 5 &MVYUS�40-vn
FEPA Name
Date:
EEOC Signature
District Director
EEOC Title
Travis Nicholson
EEOC District Name
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 02/25/25 M&C FILE NUMBER: M&C 25-0140
LOG NAME: 08EEOC2025
SUBJECT
(ALL) Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2025 and Authorize Acceptance of Funds in an Amount Up to $93,740.00, Waive Indirect Costs, and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the execution of Contract No. 45310025C0021-FP250045 with the United States Equal Employment Opportunity Commission and
authorize the acceptance of funds in an amount up to $93,740.00;
2. Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of $10,000.00; and
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an
amount up to $103,740.00 ($93,740.00 from the contract plus accrued interest from contractual award funds in an amount up to
$10,000.00 based on actual receipts), subject to receipt of the grant, for the processing of Employment Discrimination cases for Fiscal Year
2025.
DISCUSSION:
In January 1977, the United States Equal Employment Opportunity Commission (EEOC) recognized the Fort Worth Human Relations Commission
(a predecessor to the Diversity and Inclusion Department) 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 December 18, 2024, the Diversity and Inclusion Department received Contract No. 45310025C0021-FP250045 from the EEOC indicating
that the EEOC would provide payment for 103 charges of discrimination and 50 deferrals and provide funds for training for work performed during
the enforcement period (contract timeframe) starting October 1, 2024, and ending September 30, 2025. The contract was signed on December
27, 2024.
Payment for work performed and training is as follows:
• Resolution of 103 charges of alleged discrimination at a cost of $830.00 per case for a total of $85,490.00;
• Deferral of 50 non jurisdictional charges of discrimination at a cost of $125.00 per case for a total of $6,250.00; and
• Training funds in the amount of $2,000.00.
The addition of up to $10,000.00 in accrued interest on contractual awards funds (the final amount of which is based upon actual receipts) brings
the total to an amount up to $103,740.00.
A waiver of the collection of indirect cost revenue otherwise due to the General Fund is being requested. The Diversity and Inclusion Department
has determined that the remission of indirect cost reimbursement to the General Fund would result in fewer available programming dollars, which,
when compounded by yearly fluctuations in funding, unanticipated delays in the receipt of funding, the threat of federal cuts in EEOC's
programming, and increasing salary and benefit costs, could jeopardize the Diversity and Inclusion Department's ability to successfully fulfill the
provisions of the grant. The cost to the General Fund of the waiver is estimated at $10,000.00.
The Grant is a pay for performance grant, where the amount awarded is for services previously rendered. Currently, one part-time employee's
salary is paid with the funds received as part of this contract, Human Relations Investigator Specialist Claudia Palacios, in the amount of
$89,173.84, including a base wage of $68,598.40 plus benefits of $20,575.44. If funding ends, such as if EEOC decides to terminate the contract
in the future, the affected employee will not yet have performed the services for the next contract year. There may be several options for
consideration to retain high performing talent, including remaining in the function through General Funds, or the employee may have the opportunity
to seek employment elsewhere, within or outside the City.
A grant application has been entered to the Grant Application Repository. The number is GRNT-APPL-0000000111.
A Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education:
UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FISCAL INFORMATION I CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds
will be available in the current operating budget, as appropriated, in the Grants Operating Federal Fund. The Diversity and Inclusion Department
(and Financial Management Services) will be responsible for the collection and deposit of funds due to the City. Prior to expenditures being
incurred, the Diversity and Inclusion Department has the responsibility to validate the availability of funds. This is a fee for service grant.
Submitted for Citv Manager's Office bv: Dana Burghdoff 8018
Oriainatina Business Unit Head: Christina A. Brooks 8988
Additional Information Contact: