HomeMy WebLinkAboutOrdinance 27045-08-2024Ordinance No. 27045-08-2024
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS OPERATING FEDERAL FUND IN AN
AMOUNT UP TO $135,280.00 ($85,280.00 FROM THE CONTRACT PLUS
ACCRUED INTEREST FROM CONTRACTUAL AWARD FUNDS IN AN
AMOUNT UP TO $50,000.00 BASED ON ACTUAL RECEIPTS), SUBJECT TO
RECEIPT OF THE GRANT, FOR THE PROCESSING OF EMPLOYMENT
DISCRIMINATION CASES FOR FISCAL YEAR 2024; 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 the budget of the City of Fort Worth for Fiscal Year 2023-2024, as enacted by Ordinance 26453-09-
2023, as amended, is hereby further amended to make the following adjustments to estimated receipts and
appropriations by increasing estimated receipts and appropriations in the Grants Operating Federal Fund in
an amount up to $135,280.00 ($85,280.00 from the contract plus accrued interest from contractual award
funds in an amount up to $50,000.00 based on actual receipts), subject to receipt of the grant, for the
processing of Employment Discrimination cases for Fiscal Year 2024.
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 26453-09-2023 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said prior ordinances and appropriations are hereby expressly repealed.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
K rum M_ feA&
Neanan M. Hall (Aug26, 2024 12:16 CDT}
Assistant City Attorney
ADOPTED AND EFFECTIVE: August 13, 2024
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Jannette S. Goodall
City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/13124 M&C FILE NUMBER: M&C 24-0622
LOG NAME: 08EEOG2024
SUBJECT
(ALL) Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2024 and Authorize Acceptance of Funds in an Amount Up to $85,280.00, Waive Indirect Costs, and Adopt Appropriation
Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the execution of Contract No. 45310022CO045P0000 with the United States Equal Employment Opportunity Commission and
authorize the acceptance of funds in an amount up to $85,280.00:
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 $135,280.00 ($85,280.00 from the contract plus accrued interest from contractual award funds in an amount up to
$50,000.00 based on actual receipts), subject to receipt of the grant, for the processing of Employment Discrimination cases for Fiscal Year
2024.
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 June 6, 2024, the Diversity and Inclusion Department received Contract No. 45310022CO045P00002 from the EEOC indicating that the
EEOC would provide payment for 91 charges of discrimination and 50 deferrals and provide funds for a joint EEOCIFEPA innovation project
occurring during the enforcement period (contract timeframe) starting October 1, 2023, and ending September 30, 2024. The contract was signed
on June 11, 2024.
Payment for work performed and a joint innovation project is as follows:
• Resolution of 91 charges of alleged discrimination at a cost of $830.00 per case for a total of $75,530.00;
• Deferral of 50 non jurisdictional charges of discrimination at a cost of $125.00 per case for a total of $6,250.00; and
• Funds to support a joint EEOCIFEPA innovation project in the amount of $3,500.00.
The addition of up to $50,000.00 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 $135,280.00.
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 Intake Specialist Claudia Palacios, in the amount of $53,433.69,
including a base wage of $32,858.25 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 Form 1295 is not required because: This contract will be with a governmental entity, state agency or public institution of higher education: US
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
FISCAL INFORMATION 1 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. Priorto 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 Cily Manager's Office b . Fernando Costa 6122
Originating Business Unit Head, Christina A. Brooks 8988
Additional Information Contact