HomeMy WebLinkAbout139-95 RESOLUTIONe
RESOLUTION NO. - 139= 95
A RESOI UTION AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE AN AGREEMENT WTTH THE UNITED
STATES OF AMERICA DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS TO PARTICIPATE IN A
COUNTY -WIDE SPECIAL CENSUS/CITY-WIDE SPECIAL.
CENSUS AND APPROVING A BUDGET ADJUSTMENT TO
FUND THE CITY'S COST OF THE SPECIAL CENSUS.
BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILL.E, ARKANSAS:
Section 1. The Council hereby authorizes the Mayor and City Clerk to execute an
agreement with the United States of America Department of Commerce Bureau of the Census
to participate in a county -wide special census/city-wide special census. A copy of the agreement
is attached hereto marked Exhibit "A" and made a part hereof.
Section 2. The Council hereby approves a budget adjustment in the amount of
$168,000 to fund the city's cost of the special census increasing Contract Services, Acct. No.
1010 6600 5315 00 by decreasing Use of Fund Balance, Acct. No. 1010 0001 4999 99. A copy
of the budget adjustment is attached hereto and made a part hereof.
PASSED AND APPROVED this 7th day of November , 1995.
ATTEST:
By: jltQr,C_, `/ f
if
Traci Paul, City Clerk
APPROVED:
By
Fred Hanna, Mayor
City of Fayetteet1t0; Aibnsss
1. Budget Adjustment Forth •'• t
Budget Year
1995
Depatttnent General Government
Division: Miscellaneous
Program:
Date Requested
October 31, 1995
Adjustment*
Project or Item Requested:+•
Fundings requested to conduct atpecial census.
Project or Item Deleted:
None. Use of fund balance is proposed for this adjustment.
Justification of this Increase:
Special census data can be used to adjust state turnback revenues
for both General Fund and Street Fund. Additionally, the
Washington County Intergovernmental Cooperative Council is
considering approving a county—wide special census which will
adjust the county sales tax distribution formula.
Justification of this Decrease:
Sufficient fund balance remains to comply with City policy.
Increase
Account Name Amount Account Numbet Project Number
Contract Services
168,000 1010 6600 SSIS 00
Decrease
Account Name Amount Account Numbet _ Project Number
U se of Fund Balance
168,000 1010 0001 4999 99
Requested
Budget ••rdinator
Department Director
Admin. Se
Mayor
Approval Signatures
ce s r
lid ltre j1iner y W9A5
Budget Office Use Only
Type: A 8 C m D
F
Date of Approval ._
Posted to General Ledger
Entered in CategoryLog
Budget Office Copy
aM o.r
41N 11101
CONTRACT NO.
?e, r� FAYETTEVILLE, ARKANSAS
Arts 0 d
Agreement
AND
THE UNITED STATES OF AMERICA
DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
between the United States of America, Bureau of the Census, Department of Commerce,
(hereinafter referred to as the Government)
and
the City of Fayetteville, Washington County, Arkansas
(hereinafter referred to as the Contractor).
RECITALS
I . The Contractor has requested that a special population census be taken under the authority of Title 13, United States Codes,
Section 196.
2. Section 196 of Title 13 authorizes the Secretary of Commerce to take a special census for a state or local government upon
payment of the actual or estimated cost.
3. The Contractor is willing to pay all costs of taking the special census including, but not limited to, appropriately furnished
office quarters, total compensation of a l field enumeration and supervisory personnel, compensation of Census Bureau
headquarters and regional office personnel for time allocated to the special census. overhead for headquarters and regional
offices, processing of data, and al: other costs attributable to taking the special census.
4. In taking the special census, the Contractor is directly responsible for recruiting, screening, recommending, and compensatir.g
all field personnel determined necessary by the Government for taking the special census. Notwithstanding the Contractor's
responsibility for recruitment and compensation, such field personnel shall be and remain employees of the Government,
subject to all appropriate Federal laws and under its direct supervision. In this regard. the Government reserves the right to
reject persons recommended by the Contractor if such persons fail to meet employment criteria.
TERMS
Acknowledging the foregoing, the parties agree as follows:
A. (1) The Government shall designate one or more experienced employees to direct the taking of the special census.
(2) The designated Government employee(s) shall oversee all aspects of the enumeration including the hiring, training and
separation of field representatives, field supervisory personnel, and other temporary personnel employed locally to ;axe
the special population census. The designated Government employee(s) shall exercise day-to-day technical supervision
of these employees. All such temporary personnel shall be Government employees and neither the Contractor nor any
representative of the Contractor shall supervise, exercise control over or in any other way interfere with such
employees in the performance of their responsibilities.
B. (1) The Contractor shall update maps of the proposed census area in accordance with instructions provided by the
Government. The Contractor shall provide any certification of legal boundaries within the proposed census area as
required by the Government. The census will net be scheduled untii these obligations have been completed to the
satisfaction of the Government.
(2) The Contractor shall supply, free of charge, satisfactory office quarters equipped with telephone(s). office furniture,
personal computers, and other equipment and furnishings as determined necessary and proper by the Government.
(3) The Contractor shall recruit, screen, and recommend for employment sufficient qualified applicants for field
representatives. supen•tsory field personnel, and other positions as may be needed to complete the special population
census. Employees shall be selected for employment and separation under standards established by the Government,
and shall take an oath or affirma:ion as required to protect the confidentiality of the information collected by thein.
The Government reserves the right to reject any persons recommended by the Contractor if such persons fail to meet
the established employment standards. The Contractor shall be responsible for all administrative operations relating
to the reconcilement and payment of these employees. The Contractor shall also comply with all applicable federal,
state, and local laws, including but not limited to those pertaining to Equal Employment Opportunity Act and the Fair
Labor Standards Act applicable to these employees and shall complete and file any and all reports required thereunder.
(a) In the event that sufficient suitable applicants are not furnished by the Contractor for the necessary positions and
the Government must expend funds to obtain applicants to fill the remaining positions. the Contractor agrees
to reimburse the Government for those additional expenses. This will increase the costs estimated in B.(4) and
B.(5).
(4) (a) The Contractor shall pay, directly, field representatives, supervisory field personnel, and others hired locally
to conduct the actual enumeration, at rates of pay fixed by the Government. The compensation of such field
representatives, supervisory field personnel, and others shall be paid to them directly by the Contractor upon approval
by the designated Government employee. The Contractor shall pay or withhold from the compensation paid to the field
representatives, supervisory field personnel, and others locally employed all amounts necessary for Social Security,
federal, state, and local income tax, continuation of pay, or other sums required to be paid or withheld by federal, state,
or local laws. The amount necessary to cover these expenses, not including workman's compensation and continuation
of pay, is estimated to be $87,243. The Contractor agrees that these funds will be available for disbursement upon
approval of the designated Government employee.
(5)
(b) The Contractor shall reimburse the Government for all funds expended by the Government resulting from
payments to the Department of Labor under applicable Federal workers' compensation and unemployment benefits laws.
In addition to the salary expenses to be paid directly by the Contractor to all temporary employees hired locally, the
Contractor agrees to pay all other expenses related to the taking of the special census including but not limited to (a)
administrative and technical work performed by headquarters and regional personnel; (b) enumeration schedules and
related materials; (c) map preparation; (d) tabulation expenses; (e) the cost of the designated Government employee's
salary, allowances for subsistence at the standard federal rate per day, traveling expenses, other reasonable and
necessary expenses, and overhead and other charges applicable to these costs; and (0 other incidental expenses incurred
by the Government in completing the special population census. Based on an estimate of the population of 54,006, the
estimated cost for these services is $80,800. A payment of that amount shall be furnished to the Government before
any work on the census is performed. The advance payment will be adjusted to actual costs and billing or refund made
as appropriate. This payment is for Government costs referenced in this item and excludes those directly payable by
the Contractor under item B.(4) above.
(6) In accordance with B.(5), if actual cost exceeds the advance payment, the additional payment to the Government in full
is due 30 days from the date of the invoice. A late charge shall be imposed on the overdue amount for each 30 -day
period or portion thereof during which the remittance is due. The late charge will be based on a percentage rate equal
to the current value of funds to the U.S. Treasury in accordance with Treasury fiscal requirements.
Notwithstanding Contractor's direct payment of compensation, all temporary field representatives, supervisory field personnel
and others hired locally to conduct the special census are employees of the Federal Government. Accordingly, it is understood
that, absent negligence or malfeasance on its part, the Contractor shall not be liable for claims under the Federal Tort Claims
Act or amounts owing due to inappropriate personnel actions by the Government.
The individual information collected by the field representatives on the special population census questionnaires is strictly
confidential pursuant to the provisions of Title 13, United States Code, and the questionnaires shall be controlled by and
returned directly to the authorized representative of the Government. All such population census questionnaires and all other
papers relating to the special population census are the property of the Government and under the law may only be made
available to, and examined by, Government officials and employees Unlawful disclosure subjects employees to a fine of up
to $5,000 or imprisonment of up to 5 years, or both.
E. The Government shall provide to the Contractor the official population count derived from the special census at the earliest
practicable date after completion of the enumeration and the processing required to produce the statistical results. This count,
which shall be as of the date of the special census, will be provided in writing and signed by an appropriate Government
official.
The Government will not guarantee delivery of the final count by any specified date and shall not be held responsible for any
loss or damages suffered by the Contractor due to the data not being available by a specific date. The Contractor accepts that
response to a special census is voluntary and that, in order to obtain as complete a total count as possible, it may be necessary
to use secondary sources and administrative records, which may not include all of the detailed information. The detailed
statistical results will be made available to the Contractor, subject to limitations imposed by the need to protect confidentiality
and by such statistical requirements as deemed necessary by the Bureau of the Census. The Government will also provide
these statistical results to government officials and individuals upon written request; and, insofar as the Government deems
the results to be of sufficient public interest, make them generally available in publications of the Bureau of the Census. The
Contractor shall accept as final the official population count and other statistical results when provided by the Government.
F. This agreement may be canceled by the Contractor before enumeration begins. In the event of cancellation of the agreement,
the Government will be reimbursed by the Contractor for costs incurred or obligated prior to the date of cancellation. Once
the enumeration has commenced, it will be carried to completion, the data will be processed and reported.
G. In the event a dispute arises under or related to the terms of this Agreement, and before any legal action is taken, the Parties_.
mutually agree to select a forum for alternate resolution of the dispute.
FOR THE CONTRACTOR
BY:
FOR THE GOVERNMENT
BY:
BRYANT BENTON DATE:
Associate Director for Field Operations
A/1(470r Bureau of the Census
SC -3 7/28/95
Agreement
CONTRACT NO.
FAYETTEVILLE, ARKANSAS
AND
THE UNITED STATES OF AMERICA
DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
between the United States of America, Bureau of the Census, Department of Commerce,
(hereinafter referred to as the Government)
and
the City of Fayetteville, Washington County, Arkansas
(hereinafter referred to as the Contractor).
RECITALS
1. The Contractor has requested that a special population census be taken under the authority of Tule 13, United States Codes,
Section 196.
2. Section 196 of Title 13 authorizes the Secretary of Commerce to take a special census for a state or local government upon
payment of the actual or estimated cost •
3. The Contractor is willing to pay all costs of taking the special census including, but not limited to, appropnately furnished
office quarters, total compensation of all field enumeration and supervisory personnel, compensation of Census Bureau
headquarters and regional office personnel for time allocated to the special census, overhead for headquarters and regional
offices. processing of data, and all other costs attributable to taking the special census.
4. In taking the special census, the Contractor is directly responsible for recn; ting, screening, recommending, and compensating
a:: field personnel determined necessary by the Government for taking the special census. Notwithstanding the Contractor's
responsibility for recruitment and compensation, such field personnel shall be and remain employees of the Government.
subject to all appropriate Federal laws and under its direct supervision. In this regard, the Government reserves the right to
reject persons recommended by the Contractor if such persons fail to meet employment criteria.
TERMS
Acknowledging the foregoing, the parties agree as follows:
A. (1) The Government shall designate one or more experienced emp'oyees to direct the taking of the special census.
(2) The designated Government employee(s) shall oversee all aspects of the enumeration including the hiring, training. and
separation of field representatives, field supervisory personnel, and other temporary personnel employed locally to take
the special population census. The designated Government employee(s) shall exercise day-to-day technical supervision
of these employees. All such temporary personnel shall be Government employees and neither the Contractor nor any
representative of the Contractor shall supervise. exercise control over or in any other way interfere with such
employees in the perfornance of their responsibilities.
B. (1) The Contractor shall update maps of the proposed census area in accordance with instructions provided by the
Government. The Contractor shall provide any certification of legal boundaries within the proposed census area as
required by the Government. The census will not be scheduled until these obligations have been completed to the
satisfaction of the Government.
(2) The Contractor shall supply, free of charge, satisfactory office quarters equipped with telephone(s). office furniture,
persona: computers. and other equipment and furnishings as determined necessary and proper by the Government.
(3) The Contractor shall recruit, screen. and recommend for employment sufficient qualified applicants for field
representatives, supervisory field personnel, and other positions as may be needed to complete the special population
census. Employees shall be selected for employment and separation under standards established by the Government,
and shall take an oath or affirmation as required to protect the confidentiality of the information collected by them.
The Government reserves the right to resect any persons recommended by the Contractor if such persons fail to meet
the established employment standards. The Contractor shall be responsible for all administrative operations relating
to the reconcilement and payment of these employees. The Contractor shall aiso compl. with all applicable federal,
state, and local laws, including but not limited to those pertaining to Equal Employment Opportunity Act and the Fair
Labor Standards Act applicable to these employees, and shall complete and file any and all reports required thereunder.
(a) In the event that sufficient suitable applicants are not furnished by the Contractor for the necessary positions and
the Government must expend funds to obtain applicants to fill the remaining positions. the Contractor agrees
to reimburse the Government for those additional expenses. This will increase the costs estimated in B.(4). and
B.(5).
(4) (a) The Contractor shall pay, directly, field representatives, supervisory field personnel, and others hired locally
to conduct the actual enumeration, at rates of pay fixed by the Government. The compensation of such field
representatives, supervisory field personnel, and others shall be paid to them directly by the Contractor upon approval
by the designated Government employee. The Contractor shall pay or withhold from the compensation paid to the field
representatives, supervisory field personnel, and others locally employed all amounts necessary for Social Security,
federal, state, and local income tax, continuation of pay, or other sums required to be paid or withheld by federal, state,
or local laws. The amount necessary to cover these expenses, not including workman's compensation and continuation
of pay, is estimated to be $87,243. The Contractor agrees that these funds will be available for disbursement upon
approval of the designated Government employee.
(b) The Contractor shall reimburse the Government for all funds expended by the Government resulting from
payments to the Department of Labor under applicable Federal workers' compensation and unemployment benefits laws.
(5) In addition to the salary expenses to be paid directly by the Contractor to all temporary employees hired locally, the
Contractor agrees to pay all other expenses related to the taking of the special census including but not limited to (a)
administrative and technical work performed by headquarters and regional personnel; (b) enumeration schedules and
related materials; (c) map preparation; (d) tabulation expenses; (e) the cost of the designated Government employee's
salary, allowances for subsistence at the standard federal rate per day, traveling expenses, other reasonable and
necessary expenses, and overhead and other charges applicable to these costs; and (f) other incidental expenses incurred
by the Government in completing the special population census. Based on an estimate of the population of 54,006, the
estimated cost for these services is $80,800. A payment of that amount shall be furnished to the Government before
any work on the census is performed. The advance payment will be adjusted to actual costs and billing or refund made
as appropriate. This payment is for Government costs referenced in this item and excludes those directly payable by
the Contractor under item B.(4) above.
(6) In accordance with B.(5), if actual cost exceeds the advance payment, the additional payment to the Government in full
is due 30 days from the date of the invoice. A late charge shall be imposed on the overdue amount for each 30 -day
period or portion thereof during which the remittance is due. The late charge will be based on a percentage rate equal
to the current value of funds to the U S. Treasury in accordance with Treasury fiscal requirements.
C. Notwithstanding Contractor's direct payment of compensation, all temporary field representatives, supervisory field personnel
and others hired locally to conduct the special census are employees of the Federal Government. Accordingly, it is understood
that, absent negligence or malfeasance on its part, the Contractor shall not be liable for claims under the Federal Tort Claims
Act or amounts owing due to inappropriate personnel actions by the Government.
D. The individual information collected by the field representatives on the special population census questionnaires is strictly
confidential pursuant to the provisions of Title 13, United States Code, and the questionnaires shall be controlled by and
returned directly to the authorized representative of the Government. All such population census questionnaires and alt other
papers relating to the special population census are the property of the Government and under the law may only be made
available to, and examined by, Government officials and employees. Unlawful disclosure subjects employees to a fine of up
to $5,000 or imprisonment of up to 5 years, or both.
E. The Government shall provide to the Contractor the official population count derived from the special census at the earliest
practicable date after completion of the enumeration and the processing required to produce the statistical results. This count,
which shall be as of the date of the special census, will be provided in writing and signed by an appropriate Government
official.
The Government will not guarantee delivery of the final count by any specified date and shall not be held responsible for any
loss or damages suffered by the Contractor due to the data not being available by a specific date. The Contractor accepts that
response to a special census is voluntary and that, in order to obtain as complete a total count as possible, it may be necessary
to use secondary sources and administrative records, which may not include all of the detailed information. The detailed
statistical results will be made available to the Contractor, subject to limitations imposed by the need to protect confidentiality
and by such statistical requirements as deemed necessary by the Bureau of the Census. The Government will also provide
these statistical results to government officials and individuals upon written request; and, insofar as the Government deems
the results to be of sufficient public interest, make them generally available in publications of the Bureau of the Census. The
Contractor shall accept as final the official population count and other statistical results when provided by the Government.
This agreement may be canceled by the Contractor before enumeration begins. In the event of cancellation of the agreement,
the Government will be reimbursed by the Contractor for costs incurred or obligated prior to the date of cancellation. Once
the enumeration has commenced, it will be carried to completion, the data will be processed and reported.
G. In the event a dispute arises under or related to the terms of this Agreement, and before any legal action is taken, the Parties
mutually agree to select a forum for alternate resolution of the dispute
FOR THE CONTRACTOR FOR THE GOVERNMENT
BY: BY:
111, /4P/A4(
DA BRYANT BENTON DATE:
Associate Director for Field Operations
Mai/or Bureau of the Census
SC -3 7/28/95
