HomeMy WebLinkAbout(0048) M&C 20-0644City of Fort Worth, Texas
Mayor and Council Communication
DATE: 09/15/20 M&C FILE NUMBER: M&C 20-0644
LOG NAME: 08EEOC2020
SUBJECT
(ALL) Ratify Execution of a Contract with the United States Equal Employment Opportunity Commission to Process Employment Discrimination
Cases for Fiscal Year 2020, Ratify Acceptance of Funds in the Amount up to $85,000.00 (Including Interest), Waive Indirect Costs, and Adopt
Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Ratify the execution of Contract No. 45310019C0049P00002 with the United States Equal Employment Opportunity Commission and accept
funds in an amount up to $85,000.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Grants Operating Federal Fund in the
amount of $85,000.00 ($78,100.00 from the contract plus accrued interest from contractual award funds in the amount up to $6,900.00, based on
actual receipts); and
3. Waive the transfer of indirect cost revenue due the General Fund in the estimated amount of $13,183.00.
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 VI I, the Age Discrimination in Employment Act and the Americans with Disabilities Act.
On June 1, 2020, the HRC received Contract No. 45310019C0049P00002 from the EEOC indicating that the EEOC would provide payment
for 89 charges of discrimination, 55 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, 2019, and ending September 30, 2020. Payment
for work performed and training are as follows:
1. $71,200.00 for resolution of 89 charges of alleged discrimination at a cost of $800.00 per case;
2. $4,400.00 for deferral of 55 non -jurisdictional charges of discrimination at a cost of $80.00 per case;
3. $1,500.00 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 $6,900.00 based upon actual receipts, brings the total to an
amount up to $85,000.00
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 $13,183.00.
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, execution of the agreement 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 is responsible for the collection and deposit of funds due to the City for requesting all
reimbursements. 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 by. Fernando Costa 6122
Originating Business Unit Head: Christina A. Brooks 8988
Additional Information Contact: Angela Rush 6155
Laurie Maniotis 6183