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HomeMy WebLinkAboutContract 45918 CITY SECRETARY' CONTRACT ACT AMENDMENT OF SOLICITATIONIMOOIFICATION OF CONTRACT 1. CONTRACT ID CODE PAGE OF PAGES __ 1 4 2.AMENDMENT/MODIFICATION N0. 3,EFFECTIVE DATE 4.REQUISITION/PURCHASE RED.NO 5.PROJECT NO.If(applicable) 0002 10/01/2013 2114FPSLP0054 6.ISSUED BY CODE CFAS D 7.ADMINISTERED BY(/t other than Item 6) CODE z'pGAL Equal Employment Opportunity Comm. Equal Employment Opportunity Comm. 131 M Street N.E. 207 S. Houston Street 4th Floor 3rd Floor Washington DC 20507 Dallas TX 75202-4726 B.NAME AND ADDRESS OF CONTRACTOR(No.,street,county,state and 21P Code) (x) 9A.AMENDMENT OF SOLICITATION NO. FORT WORTH, CITY OF 1000 THROCKMORTON 96.DATED(SEE ITEM 11) FORT WORTH TX 76102-6311 X ICA MODIFICATION OF CONTRACT/ORDER NO. EECCN130018 10B DATED(SEE ITEM 13) CODE 000305 FACILITY CODE 1 10/01/2012 11.THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS ❑The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers ❑is extended. ❑is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended,by one of the following methods:(a)By completing Items B and 15,and returning copies of the amendment,(b)By acknowledging receipt of this amendment on each copy of the offer submitted',or(c)By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted,such change may be made by telegram or letter,provided each telegram or letter makes reference to the solicitation and this amendment,and is received prior to the opening hour and date specified. 12.ACCOUNTING AND APPROPRIATION DATA(If required) Net Increase: $70,450.00 See Schedule 13.THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACT/ORDER NO.AS DESCRIBED IN ITEM 14. c EcK or<e A THIS CHANGE ORDER IS ISSUED PURSUANT TO (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO IN ITEM t0A B.THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES(such as changes in paying office, appropriation date,etc.) SET FORTH IN ITEM 14,PURSUANT TO THE AUTHORITY OF FAR 43.103(b). C.THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D.OTHER(Specify type of modification and authority) X Section I, 52.217-9 Option to Extend the Term of the Contract. E.IMPORTANT: Contractor ❑is not, n is required to sign this document and return 2 copies to the issuing office. 14.DESCRIPTION OF AMENDMENT/MODIFICATION(Organized by UCF section headings,including solicitation/contract subject matter where feasible.) PURPOSE: EXERCISE OPTION YEAR 1. PURSUANT TO SECTION I, 52.217-9 TO EXTEND THE TERM OF THE CONTRACT, THE GOVERNMENT HERESY EXERCISES OPTION YEAR 1 TO EXTEND CONTRACT PERFORMANCE FOR A PERIOD OF TWELVE (12) MONTHS COMMENCING OCTOBER 1, 2013. EFFECTIVE AS OF THE DATE OF THIS MODIFICATION, EECCN130018 IS REVISED AS FOLLOWS: Delivery Location Code: DAL00 Dallas District Office 207 S. Houston Street Continued . . . Except as provided herein,all terms and conditions of the document referenced in Item 9A or 10A,as heretofore changed,remains unchanged and in full force and effe OF- 15A.NAME AND TITLE OF SIGNER(Type orpnnt) 16A.NAME AND TITLE OF CONTRACTING OFFICER(Type or QOpC A W- Charles W. Daniels, Assistant City Manager Caroline Fowler 15B.C NT TOR/OFFEROR ./f 15C.DATE SIGNED 1 NI ED STATES F AM A 16 D I NED o ISignature of person auihoriz ed lo sign) (Signafwa o/Conhachng Offcer} NSN 7540-01on unusable APPROVED AS TO FORM AND LEGALITY: Attested STANDARD F as 00000 3, ,o�y Previous edition unusable �'rescri y GS r )53.24 cI ATTORNEY C k r<<Ca pIli 6.Tie u+tMary J ySer, City Secretary CONTINUATION SHEET REFERENCE NO,OF DOCUMENT BEING CONTINUED AGE OF EECCN130018/0002 14 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM N0, SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) Dallas TX 75202-4726 USA Payment: Equal Employment Opportunity Comm. PO Box 8790 Attn: Matthew France Reston VA 20195-8790 Period of Performance: 10/01/2013 to 09/30/2014 Add Item 0010 as follows: 0010 OPTION YEAR 1 - Title VII, ADEA, ADA AND GINA 102 JA 650.00 66,300.00 CHARGE RESOLUTIONS:Processing and Resolving, Title VII, ADEA, ADA and GINA Charges. Each Charge must have been filed since October 1, 2009, (or since October 1, 2008, for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation) and resolved in accordance with a charge resolution plan if applicable. Obligated Amount: $66,300.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLCR00- FPDALO-251010 Funded: $66,300.00 Add Item 0011 as follows: 0011 OPTION YEAR 1 - Title VII, ADEA, ADA, AND GINA JA F'1.00 1, 50.00 INTAKE SERVICES:Provide Intake Services for charges, with affidavits, filed during the period October 1, 2013 to September 30, 2014, at a price of $50 per charge. Obligated Amount: $1,750.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLINTK- FPDALO-251010 Funded: $1,750.00 Add Item 0012 as follows: 0012 OPTION YEAR 1 - FY 2014 EEOC/FEPA TRAINING JA .00 1,400.00 Continued . . . OPTIONAL FORM 336(4-66) NSN 7510-01.152-6067 Sponsamd by GSA FAR(46 CFR)53.110 CONTINUATION SHEET REFERENCE NO OF DOCUMENT BEING CONTINUED AGE OF EECCN130018/0002 3 14 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (B) CONFERENCE:Training to facilitate successful completion of contract, which must include attendance at EEOC - Sponsored Annual Conference. Obligated Amount: $1,400.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLTRNG-- FPDALO-251010 Funded: $1,400.00 Add Item 0013 as follows: 0013 OPTION YEAR 1 - FY 2014 FEPA Engagement 1 JA 1,000.00 1,000.00 Fundng:Submission of an acceptable written proposal detailing a joint EEOC/FEPA enforcement, outreach, or training activity in support of a Strategic Enforcement Plan or District Complement Plan priority. Obligated Amount: $1,000.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLJOUT- FPSLPO-251010 Funded: $1,000.00 Add Item 0014 as follows: 0014 OPTION YEAR 2 - Title VII, ADEA, ADA, AND GINA JA 0.00 0.00 CHARGE RESOLUTIONS:Processing and Resolving, Title VII, ADEA, ADA and GINA Charges. Each Charge must have been filed since October 1, 2010, (or since October 1, 2009, for each charge where a determination of reasonable cause is issued and the charge is processed through hearings and/or litigation) and resolved in accordance with a charge resolution plan if applicable. Obligated Amount: $0.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLCR00- FPDALO-251010 Funded: $0.00 Add Item 0015 as follows: Continued . . . OPTIONAL FORM 336(4.86) NSN 7540-01-152-8067 Sponsored by GSA FAR(48 CFR)53.110 REFERENCE NO.OF DOCUMENT BEING CONTINUED AGE OF CONTINUATION SHEET EECCN130018/0002 4 I 4 NAME OF OFFEROR OR CONTRACTOR FORT WORTH, CITY OF ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) 'r. (D) (E) (F) 0015 OPTION YEAR 2 - Title VII, ADEA, ADA, AND GINA JA 1.00 0.00 INTAKE SERVICES:Provide Intake Services for charges, with affidavits, filed during the period October 1, 2014 to September 30, 2015, at a price of $50 per charge. Obligated Amount: $0.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLINTK- FPDALO-251010 Funded: $0.00 Add Item 0016 as follows: 0016 FY 2015 EEOC/FEPA TRAINING CONFERENCE:Training to JA .00 0.00 facilitate succesful completion of contract, which must include attendance at EEOC - Sponsored Annual Conference. Obligated Amount: $0.00 Accounting Info: 4501001414BD20140100001014SLP00014PSOFPSLPOSLTRNG- FPDALO-251010 Funded: $0.00 AS A RESULT OF THIS MODIFICATION, THE TOTAL FUNDING IS INCREASED BY $70,450.00 FROM $61,300.00 TO $131,750.00. EXCEPT AS STATED ABOVE, ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. OPTIONAL FORM 336(4-86) NSN 7540.01152-8067 Sponsored by GSA FAR(48 CFR153.110 In addition, listed below are the revised Sections of the contract: Section C—DESCRIPTIONS AND SPECIFICATIONS Section II, Paragraph B of the Statement of Work—The last sentence is revised to read as follows: From: Upon execution, the Worksharing Agreement dated 09/17/2012, is incorporated by reference into this contract. To: Upon execution, the Worksharing Agreement dated 10/29/2013, is incorporated by reference into this contract. Section II, Paragraph E of the Statement of Work is revised to read as follows: From: It is understood and expressly agreed to by both parties to this contract that all provisions of the EEOC's Contracting Principles for State and Local FEPA for Fiscal Year 2013 are incorporated in their entirety into this contract. To: It is understood and expressly agreed to by both parties to this contract that all provisions of the EEOC's Contracting Principles for State and Local FEPA for Fiscal Year 2014 are incorporated in their entirety into this contract. Section 111, Paragraph B of the Statement of Work is revised to read as follows: From: All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 2012 and September 30, 2013 as follows: To: All charges submitted for credit under this contract shall be completed by the Contractor between October 1, 2013 and September 30, 2014 as follows: Section F - DELIVERIES OR PERFORMANCE F.1 PERIOD OF PERFORMANCE Paragraph F.1 A is revised to read as follows: From: 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"). To: A. The period of performance under this contract shall be from October 1, 2013 through September 30, 2014, with a one-year option to extend the term of the contract. (See Section I, 52.217-9 "Option to Extend the Term of the Contract"). Page 1 of 4 F.2 TIME OF DELIVERY/DELIVERABLES F.2.A.1 — The last sentence is revised to read as follows: From: A determination not to award contract credit made may be reversed under the procedures set forth in Section II1.13.5.a. of the FY 2013 Contracting Principles. To: A determination not to award contract credit made may be reversed under the procedures set forth in Section II1.13.5.a. of the FY 2014 Contracting Principles. Paragraph F.2.A 2 is revised to read as follows: From: Enter basic charge data into the IMS or successor system within five days of the Contractor's receipt of each charge as set forth in Section I11.13.5.a of the FY 2013 Contracting Principles in order to be eligible to receive contract credit. To: Enter basic charge data into the IMS or successor system within five days of the Contractor's receipt of each charge as set forth in Section II1.13.5.a of the FY 2014 Contracting Principles in order to be eligible to receive contract credit. Paragraph F.2.A.3 is revised to read as follows: From: Provide EEOC with a list of final actions within a time frame agreed upon by the COR and the Contractor, but usually no later than 30 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. To: Provide EEOC with a list of final actions within a time frame agreed upon by the COR and the Contractor, but usually no later than 30 days after the resolution of each charge to meet the requirement of Section III. B.2 of the FY 2014 Contracting Principles. The Contractor must ensure the timely and accurate entry of data into the IMS or successor system. The COR will generate charge data lists and reports through the IMS or successor system to verify that this requirement is being met throughout the term of this contract. Paragraph F.2.13.4 is revised to read as follows: From: The Contractor must make timely and accurate submission to the EEOC of EEOC Form 322 and EEOC Form 472. All reports covering the first three quarters of the FY 2013 contract must be received by the EEOC prior to September 30, 2013. Page 2 of 4 To: The Contractor must make timely and accurate submission to the EEOC of EEOC Form 322 and EEOC Form 472. All reports covering the first three quarters of the FY 2014 contract must be received by the EEOC prior to September 30, 2014. Paragraph F.2.0 is incorporated as follows: C. Proposal for FY 2014 FEPA Engagement The Contractor must submit to the Contracting Officer Representative prior to September 1, 2014, a written proposal detailing a joint enforcement, joint outreach or joint training activity with the EEOC District Office which (1) identifies and supports a specific priority contained in either EEOC's Strategic Enforcement Plan or the District Office's Complement Plan, (2) contains sufficient details and a certification that the FEPA is willing and able to perform the actions it proposes to perform, and (3)which the EEOC finds to be feasible and acceptable. Section G— CONTRACT ADMINISTRATION DATA Replace Section G.1 with the following: G.1 CONTRACT ADMINISTRATION DATA A. Contracting Officer: See Block 20A of SF 26 B. Inspection and Acceptance: See Section E of the Schedule C. Accounting and Appropriation Data: See Accounting Line Accounting and Appropriations Data D. Contracting Officer's Representative: Jaime Valdez, State and Local Program Manager Dallas District Office Telephone: (210) 281-7661 E. Paying Office: See Block 12 of SF-26 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 Page 3 of 4 G.5 PAYMENT SCHEDULE Paragraph G.5 is revised to read as follows: From: Upon contract execution, an advance payment invoice not to exceed fifty (50) percent of the number of charge resolutions stated in the contract, submitted by the Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. The contractor can submit invoices for actual production on a quarterly basis (April 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., 4" Floor, Washington, D.C. 20507. To: Upon contract execution, an advance payment invoice not to exceed fifty (50) percent of the number of charge resolutions stated in the contract, submitted by the Contractor. Subsequent payments will be based on the Contractor's actual production of accepted charge resolutions. The contractor can submit invoices for actual production on a quarterly basis (April 11, July 11, and October 10, 2014). No payment will be made until the contract and subsequent modifications, if any, are returned, properly executed, to the Equal Employment Opportunity Commission, Acquisition Services Division, 131 M Street, N.E., 4`h Floor, Washington, D.C. 20507. Section H—SPECIALCONTRACT REQUIREMENTS Paragraph H.10 is incorporated as follows: H.10 FEPA ENGAGEMENT FUNDING To be eligible to invoice for the funding, in the amount of$1,000, the Contractor must submit to the Contracting Officer Representative prior to September 1, 2014, a written proposal detailing a joint enforcement, joint outreach or joint training activity with the EEOC District Office which (1) identifies and supports a specific priority contained in either EEOC's Strategic Enforcement Plan or the District Office's Complement Plan, (2) contains sufficient details and a certification that the FEPA is willing and able to perform the actions it proposes to perform, and (3) which the EEOC finds to be feasible and acceptable. Section J— LIST OF ATTACHMENTS Section J is revised to incorporate Attachment D Attachment D - Worksharing Agreement for FY 2014 - 1 Page Page 4 of 4 0 FY 2014 EXTENSION OF WORKSHARING AGREEMENT Inasmuch as there have been no substantive changes in the processes, procedures, statutes, policies or regulations that would adversely affect or substantially alter the work sharing arrangement between the ' United States Equal Employment Opportunity Commission's Dallas District Office and the Cit y of Fort Worth, Human Relations^" Commission,, or that would affect the processing of charges filed under the pertinent Federal, state or local statutes, the parties agree to extend the current work sharing agreement that was executed on September 17, 2012 through the FY 2014 Charge Resolution Contract Option Period. The agencies agree to work together in furtherance of the provisions of EEOC' s 2012-2016 Strategic Plan and the 2013 FEPA Engagement Plan, when assessing the allocation of charges under this agreement and to cooperate in compliance and enforcement efforts as well as training, outreach and technical assistance efforts encompassed by the Plans. By executing this extension, the parties agree to abide by the confidentiality provisions of GINA as well as the other statutes cited in the agreement. This agreement, as well as the attendant Worksharing Agreement may be reopened and amended by mutual consent of the parties. "A aaL /D . Ca AngelE6 Rush Date n Relations Administrator z i 1i3 a t V. Elizondo Date/ District Director ti n 0 1.14 zi -- o t� co City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/512014 -Ordinance No. 21354-08-2014 DATE: Tuesday, August 05, 2014 REFERENCE NO.: **C-26894 LOG NAME: 02EEOC2014 SUBJECT: Authorize Execution of a Contract for Receipt with the United States Equal Employment Opportunity Commission in the Amount Up to $70,950.00, Including Interest, to Process Employment Discrimination Cases for Fiscal Year 2014 for the Human Relations Unit of the City Managers Office and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of Contract No. EECCN130018, with the United States Equal Employment Opportunity Commission and accept funds in an amount up to $70,950.00; 2. Authorize the use of anticipated interest in an amount up to $500.00; and 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Fund in an amount up to $70,950.00. 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 June 18, 2014, the Human Relations Commission (HRC) received a Contract No. EECCN130018, from the EEOC indicating that the EEOC would provide reimbursement for 102 charges of discrimination, 35 deferrals, funds for mandatory EEOC training, and funds for a joint EEOC/FEPA outreach, enforcement or training activity. Reimbursement of program expenditures are as follows: 1. $66,300.00 for resolution of 102 charges of alleged discrimination at a cost of$650.00 per case; 2. $1,750.00 for deferral of 35 non-jurisdictional charges of discrimination at a cost of$50.00 per case; 3. $1,400.00 for reimbursement of expenses relating to mandatory training at an EEOC sponsored annual conference; and 4. $1,000.00 for a joint EEOC/FEPA enforcement, outreach or training activity in support of the strategic enforcement plan or a district complement plan. On June 24, 2014, 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 Logname: 02EEOC2014 Page 1 of 2 employment discrimination cases. 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. FUND CENTERS: TO Fund/Account/Centers FROM Fund/AccounVCernters GR76 451723 002216728000 $70.450.00 GR76 441012 002216728000 $500.00 GR76 5(VARIOUS) 002216728010 $70,950.00 CERTIFICATIONS: Submitted for City Manager's Office by: Charles Daniels (6199) Originating Department Head: Angela Rush (6155) Additional Information Contact: Tracy Bancroft Lasseter (8988) ATTACHMENTS 1. 02 EEOC2014 AO14.doc (Public) Logname: 02EEOC2014 Page 2 of 2