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)

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.

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. 45310019C0049 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

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