HomeMy WebLinkAboutOrdinance 25662-08-2022ORDINANCE NO. 25662-08-2022
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND,
SUBJECT TO RECEIPT OF THE GRANT, IN THE AMOUNT UP TO $86,000.00,
FOR THE PROCESSING OF EMPLOYMENT DISCRIMINATION CASES FOR
FISCAL YEAR 2022; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING
ALL ORDINANC ES 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 al located to the various City departments for Fiscal Year 2021-2022 in the
Budget of the City Manager, there shall also be increased estim ated receipts and appropriations in the Grants
Operating Federal Fund , subject to the receipt of the grant, in the amount up to $86,000.00, for the processing
of Employment Discrimination cases for Fiscal Year 2022.
SECTION 2.
That shou ld any portion , section or part of a section of this ordinance be dec lared 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 25073-09-2021 and all other ordinances and
appropriations amend in g 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of said prior ordinances and appropriations are hereby expressly repealed.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 SECRET ARY
j ~S. gtHJJ.:dt
Jannette S. Gooda ll (Aug 25, 2022 10:19 CD T)
Assistant City Attorney Jannette S. Goodall
City Secretary
ADOPTED AND EFFECTIVE: August 23, 2022
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/23/22
LOG NAME: 08EEOC2022
SUBJECT
M&C FILE NUMBER: M&C 22-0605
(ALL) Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2022 and Acceptance of Funds in an Amount Up to $79 ,950 .00, Waive Indirect Costs , and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council :
1. Ratify the execution of Contract No . 45310022C0045 with the United States Equal Employment Opportunity Commission and accept funds
in an amount up to $79 ,950 .00;
2 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in an
amount up to $86 ,000 .00 ($79 ,950.00 from the contract plus accrued interest from contractual award funds in an amount up to $6 ,050 .00 ,
based on actual receipts), subject to receipt of the grant , for the processing of Employment Discrimination cases for Fiscal Year 2022 ; and
3 . Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of $4,626.80 .
DISCUSSION:
In January 1977 , the United States Equal Employment Opportun ity 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 July 3 , 2022 , the Diversity and Inclusion Department received Contract No. 45310022C0045 from the EEOC indicating that the EEOC would
provide payment for 90 charges of discrimination and 40 deferrals and provide funds for a joint EEOC/FEPA outreach, enforcement or training
activity occurring during the enforcement period (contract timeframe) starting October 1, 2021 , and ending September 30 , 2022 . The contract was
signed on July 15 , 2022 .
Payment for work performed and training are as follows:
• Resolution of 90 charges of alleged discrimination at a cost of $830.00 per case for a total of $74 ,700 .00;
• Deferral of 40 non-jurisdictional charges of discrimination at a cost of $100.00 per case for a total of $4 ,000.00 ; 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 $1,250 .00 .
The addition of up to $6 ,050 .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 $86 ,000.00.
A waiver of the collection of indirect cost revenue otherwise due the General Fund is being requested . The Diversity and Inclusion Department has
determined that the remiss ion 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 $4 ,626.80.
A Form 1295 is not required because: This contract w ill be with a governmental entity , state agency or public institution of higher education: 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 col lection 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 . Th is is a fee for service grant.
Submitted for City Manager's Office by: Fernando Costa 6122
Originating Business Unit Head: Christina A . Brooks 89 88
Additional Information Contact: