HomeMy WebLinkAboutOrdinance 25017-08-2021 ORDINANCE NO.25017-08-2021
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND,SUBJECT
TO RECEIPT OF THE GRANT, IN THE AMOUNT OF $67,735.80, FOR THE
PURPOSE OF FUNDING PROCESS EMPLOYMENT DISCRIMINATION CASES
FOR FISCAL YEAR 2021; 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 2020-2021 in the
Budget of the City Manager,there shall also be increased estimated receipts and appropriations in the Grants
Operating Federal Fund, subject to the receipt of the grant, in the amount of$67,735.80, for the purpose of
funding process employment discrimination cases for fiscal year 2021.
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 24393-09-2020 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said prior ordinances and appropriations are hereby expressly repealed.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:
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JB Strong(Aug 202111:02 CDT)
John B. Strong Ronald P. Gonzales
Sr Assistant City Attorney Acting City Secretary
ADOPTED AND EFFECTIVE: Auiust 24,2021 ?J
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/24/21 M&C FILE NUMBER: M&C 21-0590
LOG NAME: 08EEOC2021
SUBJECT
(ALL)Approve Execution of a Contract with the United States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2021,Approve Acceptance of Funds in the Amount Up to$67,735.80, Including Interest,Waive Indirect Costs,and Adopt
Attached Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Approve the execution of Contract No.45310019C0049P00003 with the United States Equal Employment Opportunity Commission and
accept funds in an amount up to$67,735.80;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the
amount of$67,735.80, subject to receipt of the grant,for the processing of Employment Discrimination cases for Fiscal Year 2021;and
3. Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of$10,499.36.
DISCUSSION:
In January 1977,the United States Equal Employment Opportunity Commission(EEOC)recognized the Diversity and Inclusion Department
(formerly the Human Relations Commission)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 July 9,2021,the Diversity and Inclusion Department received Contract No.45310019C0049P00003 from the EEOC indicating that the EEOC
would provide payment for 75 charges of discrimination, 15 deferrals, and funds for a joint EEOC/FEPA outreach,enforcement or training activity
occurring during the enforcement period(contract timeframe)starting October 1,2020,and ending September 30,2021.
Payment for work performed and training are as follows:
• Resolution of 75 charges of alleged discrimination at a cost of$800.00 per case for a total of$60,000.00;
• Deferral of 15 non jurisdictional charges of discrimination at a cost of$80.00 per case for a total of$1,200.00;and
• A joint EEOC/FEPA enforcement,outreach or training activity in support of the strategic enforcement plan or a district complement plan for
an amount of$1,000.00.
The addition of accrued interest from contractual awards funds in an amount up to$5,535.80 based upon actual receipts, brings the total to an
amount up to$67,735.80.
A waiver of the collection of indirect cost revenue otherwise due the general fund from the EEOC contract is being requested.The Diversity and
Inclusion Department 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 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$10,499.36.
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/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 City Manager's Office b . Fernando Costa 6122
Originatina Business Unit Head: Christina A. Brooks 8988
Additional Information Contact: