HomeMy WebLinkAboutOrdinance 23710-06-2019 Ordinance No.23710-06-2019
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE
GRANTS OPERATING STATE FUND, FROM AVAILABLE FUNDS IN THE AMOUNT OF
$86,000.00, SUBJECT TO THE RECEIPT OF THE GRANT, FOR THE PURPOSE OF
PROCESSING EMPLOYMENT DISCRIMINATION CASES FOR FISCAL YEAR 2019;
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 2018-2019 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Grants
Operating State Fund in the amount of $86,000.00, from available funds, for the purpose of processing
employment discrimination cases for fiscal year 2019.
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 23392-09-2018 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance are in
direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of
said prior ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY: CITY SECRETARY
Assistant Citf Attorney Wry J. K r
ADOPTED AND EFFECTIVE: June 25, 2019
�� f O����
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/26/2019 - Ordinance No. 23710-06-2019
DATE: Tuesday, June 25, 2019 REFERENCE NO.: **C-29161
LOG NAME: 02EEOC2019
SUBJECT:
Authorize Execution of a Contract with the United States Equal Employment Opportunity Commission to
Process Employment Discrimination Cases for Fiscal Year 2019, Authorize Acceptance of Funds in the
Amount up to $86,000, Plus Interest, Waive Indirect Costs, and Adopt Appropriation Ordinance (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of Contract No. 45310019C0049, with the United States Equal Employment
Opportunity Commission and accept funds in an amount up to $86,000.00; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Grants Operating Federal Fund in the amount of$86,000.00 ($81,000.00 from the contract plus accrued
interest from contractual award funds in the amount up to $5,000.00, based on actual receipts).
3. Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of
$11,145.00.
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 30, 2019, the HRC received Contract No. 45310019CO049 from the EEOC indicating that the
EEOC would provide payment for 93 charges of discrimination, 50 deferrals, funds for mandatory EEOC
training and funds for a joint EEOC/FEPA outreach, enforcement or training activity occurring during the
enforcement period (contract timeframe) starting October 1, 2018 and ending September 30, 2019.
Payment for work performed and training are as follows:
1. $74,400.00 for resolution of 93 charges of alleged discrimination at a cost of$800.00 per case;
2. $4,000.00 for deferral of 50 non jurisdictional charges of discrimination at a cost of$80.00 per case;
3. $1,600.00 for reimbursement of expenses relating to mandatory training at an EEOC sponsored annual
conference; and
Lognarne: 02EEOC2019 Page 1 of 2
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.
The addition of accrued interest from contractual awards funds in an amount up to $5,000.00 based upon
actual receipts, brings the total to an amount up to $86,000.00
A waiver of the collection of indirect cost revenue otherwise due the general fund from the EEOC contract
is being requested. Human Relations has determined that the remission of indirect cost reimbursement to
the General Fund would result in less 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 Human Relations' ability to
successfully fulfill the provisions of the grant. The cost to the General Fund of the waiver is estimated at
$11,145.00.
This contract will be with a governmental entity, state agency or public institution of higher education:
(United States Equal Employment Opportunity Commission).
A Form 1295 is not required for this contract 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 / CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendations, execution of the
agreement and adoption of the attached appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Grants Operating Federal Fund. This is a fee for service
grant. The City Manager's Department is responsible for requesting all reimbursements.
The Director of Finance certifies that the City Manager's Department is responsible for the collection and
deposit of funds due to the City. Upon receipt, these funds will be deposited into the Grants Operating
Federal Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # mount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget I Reference # moun
ID ID Year Chartfield 2
CERTIFICATIONS:
Valerie Washington (6199)
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Valerie Washington (6199)
Additional Information Contact: Angela Rush (6155)
Logname: 02EEOC2019 Page 2 of 2