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HomeMy WebLinkAbout135-05 RESOLUTIONRESOLUTION NO. 135-05 • A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES CENSUS BUREAU FOR THE PURPOSE OF CONDUCTING A SPECIAL CENSUS FOR FAYETTEVILLE, ARKANSAS IN THE AMOUNT OF $961,770.00; AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves a Memorandum of Understanding with the United States Census Bureau for the purpose of conducting a Special Census for Fayetteville, Arkansas in the amount of $961,770.00. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby approves a Budget Adjustment in the amount of $961,770.00. PASSED and APPROVED this 5th day of July 2005. •••• • G\Z Y QVICA • ATTES By: su. .73_ • F.:FAYETTEVILLE: Titus 7?lg k0NSG3!? SONDRA SMITH, City Clerk APPROVE By DAN COODY, Mayor • • O 17 2 /0 MEMORANDUM OF UNDERSTANDING NO. CITY OF FAYETTEVILLE, ARKANSAS AND THE UNITED STATES OF AMERICA DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Memorandum of Understanding between the United States of America, Department of Commerce, Bureau of the Census, (hereinafter referred to as the Census Bureau) and the City of Fayetteville, Washington County, Arkansas. (hereinafter referred to as the Governmental Unit). INTRODUCTION 1. The Governmental Unit has requested that a special census be taken under the authority of Title 13, United States Code, Section 196. 2. Section 196 of Title 13 authorizes the Secretary of Commerce to take a special census for a state, local, or tribal government upon payment of the actual or estimated cost. 3. The Governmental Unit is willing to pay all costs of taking the special census including, but not limited to, appropriately furnished office quarters, total compensation of all field enumeration and supervisory personnel, compensation of Census Burcau headquarters and regional office personnel for time allocated to the special census, overhead for headquarters and regional offices, processing and tabulation of data, and all other costs attributable to taking the special census. 4. In taking the special census, the Governmental Unit is directly responsible for recruiting and compensating all field personnel determined necessary by the Census Bureau for taking the special census. Notwithstanding the Governmental Unit's responsibility for recruitment and compensation, such field personnel shall be and remain employees of the Census Bureau, subject to all appropriate Federal laws, and under its direct supervision. In this regard, the Census Bureau reserves the right to reject persons recommended by the Governmental Unit if such persons fail to meet employment critcria. TERMS Acknowledging the foregoing, the parties agree as follows: A. (I) The Census Bureau shall designate one or more experienced employees to direct the taking of the special ccnsus. (2) The Census Bureau cmployee(s) shall oversee all aspects of the enumeration including the hiring, training, and separation of enumerators, crew leaders, and other temporary personnel employed locally to take the special census. The designated Census Bureau employee(s) shall exercise day-to-day technical supervision of these employees. All such temporary personnel shall be Federal Government employees and neither the Governmental Unit nor any representative of the Governmental Unit shall supervise, exercise control over, or in any other way interfere with such employees in the performance of their responsibilities. B. (I) The Governmental Unit shall update maps of the proposed census area in accordance with instructions provided by the Census Bureau. The Governmental Unit shall provide any certification of legal boundaries within the proposed census area as required by the Census Bureau. Once the Governmental Unit boundaries have been certified by the Census Bureau, these boundaries will become the official boundaries for the special census. Any annexations after the Governmental Unit has certified its boundaries will not be included in the special census. The special census will not be scheduled until these obligations have been completed to the satisfaction of the Census Bureau. (2) The Governmental Unit shall supply, free of charge, satisfactory office quarters equipped with telephone(s), office furniture, photocopier, fax machine, and other equipment and furnishings as determined necessary and proper by the Census Bureau. These quarters must meet all security and confidentiality requirements as agreed to by the Census Bureau representative. • • 0172 MOU No.: City of Fayetteville, Arkansas (3) The Governmental Unit shall recruit sufficient qualified applicants for enumerators, crew leaders, and other positions as may be needed to complete the special census. Employees shall be selected for employment and separated under standards established by the Census Bureau, and shall take an oath or affirmation, as required, to protect the confidentiality of the information they collect. The Census Bureau reserves the right to reject any persons recommended by the Governmental Unit if such persons fail to meet the established employment standards. The Governmental Unit shall be responsible for all administrative operations relating to the reconcilement and payment of these employees. The Governmental Unit shall also comply with all applicable federal, state, and local laws, including but not limited to those pertaining to the 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 Governmental Unit for the necessary positions and the Census Bureau must expend funds to obtain applicants to fill the remaining positions, the Governmental Unit agrees to reimburse the Census Bureau for those additional expenses. This will increase the costs estimated in B.(4). and B.(5). In addition, if the Governmental Unit fails to provide sufficient suitable applicants, delays in completing the special census may occur. (4) (a) The Governmental Unit shall pay directly enumerators, crcw leaders, and others hired locally to conduct the actual enumeration, at rates of pay fixed by the Census Bureau. The compensation of such enumerators, crew leaders, and others shall be paid to them directly by the Governmental Unit upon approval by the designated Census Bureau employee. The Governmental Unit shall pay or withhold from the compensation paid to the enumerators, crew leaders, and others locally employed all amounts necessary for Social Security, federal, state, and local income tax, or other sums required to be paid or withheld by federal, state, or local laws. The amount necessary to cover these expenses, not Including worker's compensation and unemployment benefits, is estimated to be $523,540. The Governmental Unit agrees that these funds will be available for disbursement upon approval of the designated Census Bureau employee. (b) The Government Unit shall reimburse the Census Bureau for all funds expended by the Census Bureau resulting from payments to the Department of Labor under applicable federal workers' compensation and unemployment benefits laws. (c) (5) The Governmental Unit shall reimburse the Census Bureau and/or the United States for all funds expended in the processing, investigation and defense of all administrative and/or judicial claims regarding the actions of temporary enployecs arising from their employment pursuant to this Memorandum of Understanding (MOU). In addition, the Governmental unit agrees to indemnify the Census Bureau and/or the United States for any settlements and/or judgments incurred by the latter as a result of the actions of temporary employees arising from their employment pursuant to this MOU. In addition to the salary expenses to be paid directly by the Governmental Unit to all temporary employees hircd locally, the Governmental Unit 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) printing and preparation of enumeration questionnaires and related materials; (c) map preparation; (d) tabulation expenses; (e) the cost of the designated Census Bureau 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 Census Bureau in completing the special census. Based on an estimate of the population of 70 351, the estimated cost for these services is 5438,230. A payment of that amount shall be furnished to the Census Bureau before any work on the special census is performed. The advance payment will be adjusted to actual costs and billing or refund made as appropriate. This payment is for Census Bureau costs referenced in this item and excludes those directly payable by the Governmental Unit under item B.(4) above. (6) In accordance with B.(5), if actual cost exceeds the advance payment, the additional payment to the Census Bureau is due in full, 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 U.S. Treasury in accordance with Treasury fiscal requirements. Notwithstanding the Governmental Unit's direct payment of compensation, all temporary enumerators, crew leaders, and others hired locally to conduct the special census are employees of the Federal Government. Therefore, regarding the negligent or wrongful acts of any temporary employees arising from their employment pursuant to this MOU, any claims and/or litigation arising from said acts will be adjudicated pursuant to the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. (see section B. (4xc) herein regarding reimbursement and indemnification requirements). • • MOU No.:0172 City of Fayetteville, Arkansas The individual information collected by the enumerators on the special census questionnaires is strictly confidential pursuant to the provisions of Title 13, Unitcd States Code, and the questionnaires shall be controlled by and returned directly to the authorized representative of the Census Bureau. All such special census questionnaires and all othcr papers relating to the special census are the property of the Census Bureau and under the law may only be made available to and examined by Census Bureau officials and employees. Unlawful disclosure subjects employees to a fine of up to $250,000 or imprisonment of up to 5 years, or both. The Census Bureau shall provide to the Governmental Unit the official population and housing unit 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 Census Bureau official. Thc Census Bureau 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 Governmental Unit due to the data not being available by a specific date. The Governmental Unit accepts that responses to a special census, unlike a decennial census, are voluntary and some respondents may choose to not answer some questions. When this happens, the Census Bureau will make every effort to collect as much information as possible. If the Census Bureau cannot obtain information directly from respondents, the Census Bureau will follow statistical procedures to assign the missing information based on information provided by people in the housing unit or from people from neighboring housing units. The Governmental Unit also accepts that, to complete the count of the group quarters population, it may be necessary for the Census Bureau to obtain information for people residing in certain institutions (such as correctional facilities with security issues) from administrative records rather than from the respondents themselves. The Census Bureau will provide detailed statistical results to the Governmental Unit subject to limitations imposed by Title 13, United States Code, to protect the confidentiality of respondents. The Census Bureau can only use the special census counts in the intercensal population estimates program if: I) the entire area of a governmental unit is included in the special census, 2) the legal boundaries of the governmental unit correspond to those used in the Population Estimates program (boundaries legally in effect on January 1 of the estimates year), and 3) the boundaries are reported to the Census Bureau for processing by April I of the estimates year, and 4) final approved counts from the Special Census enumeration are ready by August 1 of the estimates year. If a Governmental Unit requests a special census for only a portion of their arca, they do so with the understanding that the results of this partial special census will not be included in any subsequent Census Bureau population estimates. The Governmental Unit shall accept as final the official population count and other statistical results when provided by the Census Bureau. E. This MOU may be terminated in writing by the Governmental Unit before enumeration begins. In the event of termination of the MOU, the Census Bureau will be reimbursed by the Governmental Unit for costs incurred or obligated prior to the date of termination. Once the enumeration has commenced, it will be carried to completion, the data will be processed, and the results will be reported. The Census Bureau may terminate in writing this MOU in whole or in pan, when it is in the Federal Government's interest. If this MOU is terminated, the Census Bureau will return any unused funds to the Governmental Unit. F. In the event a dispute arises under or related to the terms of this MOU, and before any legal action is taken, the Parties mutually agree to select a forum for alternate resolution of the dispute. FOR THE GOVERNMENTAL UNIT BY: TITLE: FOR THE CENSUS BUREAU BY: Brian Chief, Bureau on 'ield han ivision Census DATE: 1t't 3i Form SC -3 6/02/2004 City of Fayetteville, Arkansas Budget Adjustment Form Budge) Year 2005 Department: General Government Division: Miscellaneous Program: Miscellaneous Date Requested 7/5/2005 Adjustment Number Project or Item Requested: $961,770 is requested in the Contract Services account. Project or Item Deleted: None. $961,770 from the Use of Fund Balance. Justification of this Increase: The funding is needed for the City to contract out a Special Census with the US Census Bureau. The cost of $961,770 is based on a population estimate of 70,351. Of that amount, $438,230 is paid to the Census Bureau in advance, and $523,540 is held by the City to pay local persons who work on the special census. Justification of this Decrease: There is sufficient fund balance remaining to meet 2005 objectives. Increase Budget (Decrease Revenue) Account Name Account Number Amount Project Number Contract services Account Name Use of fund balance 1010 6600 5315 00 961,770 Decrease Budget (Increase Revenue) Account Number 1010 0001 4999 99 Amount Project Number 961,770 Approval Signatures Budget Office Use Only Requested By Date Budget Manager Datc Department Director Fi�Internal Director Mayor Dale _! 6 Date Type: A B C Date of Approval Posted to General Ledger Posted to Project Accounting Entered in Category Log Initial Date Initial Datc Initial Date Initial Dale ttevllre DEPARTMENTAL CORRESPONDENCE 15- -us TO: Mayor Dan Coody and City Council FROM: Stephen Davis, Finance & Internal Services Direct DATE• June 16, 2005 SUBJECT: City Wide Special Census Recommendations Staff recommends approval of the Memorandum of Understanding with the U.S. Census Bureau and approving a budget adjustment in the amount of $961,770 from General Fund Undesignated Reserves to provide funding for this agreement. Background A Special Census is a basic enumeration of population, housing units, and group quarters conducted by the Census Bureau at the request of a governmental unit such as a state, county, or city. They are conducted on a cost -reimbursable basis. The Census Bureau's authority to conduct Special Censuses is specified in Title 13, United States Code Section 196. A Special Census is requested when local officials believe there has been a significant population change in their community due to growth or annexation. Currently it is estimated that Fayetteville's population has grown from 58,047 in 2000 to a current population of 70,351. This represents a 21% increase in population from 2000 to 2005. Act 331 of 1995 provides the authorization for amending the distribution of state tumback funds for General Fund and Street Fund when a special census is conducted. The Act stipulates that the special census population for a city or incorporated town be substituted for the most recent federal decennial census population for that city or incorporated town and that state tumback be recalculated for all cities and incorporated towns in Arkansas based on the new population proportion. Current Status City staff has determined that a city-wide special census will benefit the City of Fayetteville by increasing State Turnback revenues for both General Fund and Street Fund. This determination is based on a predicted population of 70,351. This predicted population estimate was provided the City by the Northwest Arkansas Regional Planning Commission and is the population basis the Census Bureau used to develop the Special Census cost estimate of $961,770. • • Staff has calculated that General Fund will essentially recover the cost of this Special Census by mid -2011 and Street Fund will receive an additional $2.7 million in State Tumback. The per capita for General Fund is $15.50 per capita and for Street Fund is S47.00 per capita. As each city conducts a special census the per capita rate for State Tumback purposes will be lowered based on an increase in total city and incorporated town population statewide. The official 2000 population for the State of Arkansas is 2,673,400. Based on the impact that the increase of Fayetteville population will have on the total Arkansas population, the per capita amounts will lower for General and Street to $15.39 and $46.66 respectively. Census 2000 Street Tumback General Turback Arkansas Revised Revised Revised City/Town Per Capita Total Tumback Fayetteville Arkansas Per Capita Population Tumback Available Population Population Tumback 1.709,229 $ 47.00 S 80,333.763 70.351 1,721 533 S 46.66 1,709,229 S 15.50 S 26,493,050 70351 1,721.533 _S 1539 S 62.50 $ 106,826.813 $ 62.05 Based on the schedule below, the change in population will provide the City of Fayetteville with $3,503,479 in additional state tumback revenue, over the next five years. City of Fayetteville, Arkansas State Turnback Projections Official Census Street Turnback General Turnback Special Census Street Turnback General Turnback Additional Turnback Per Capita Annual Projected Population Amount Projection Total 58,047 $ 47.00 $ 2,728,209 $ 16,369,254 75.2% 58,047 15.50 899,729 5,398,371 24.8% $ 62.50 $ 3,627,938 $ 21,767,625 100.0% 70,351 $ 46.66 $ 3,282,865 $ 19,697,190 75.2% 70,351 15.39 1,082,647 6,495,882 24.8% $ 6205 $ 4,365,512 $ 26,193,072 100.0% Street Fund $ 554,656 $ 2,634,616 75.2% General Fund 182,918 868,863 24.8% Total $ 737,575 $ 3,503,479 100.0% • • Budget Considerations The cost of contracting out the special census with the U.S. Census bureau is $961,770. This estimated cost is based on a population estimate of 70,351 persons. Of the $961,770, $438,230 will be paid to the Census Bureau in advance and $523,540 is held by the City to pay local persons who work on the special census. Currently it is projected that $3 503,479 in additional revenue will be received by the City of Fayetteville during a five year period until a complete 2010 census update. • • RESOLUTION NO. A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE UNITED STATES CENSUS BUREAU FOR THE PURPOSE OF CONDUCTING A SPECIAL CENSUS FOR FAYETTEVILL.E, ARKANSAS IN THE AMOUNT OF $961,770.00; AND APPROVING A BUDGET ADJUSTMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves a Memorandum of Understanding with the United States Census Bureau for the purpose of conducting a Special Census for Fayetteville, Arkansas in the amount of $961,770.00. Section 2. That the City Council of the City of Fayetteville, Arkans*s hereby approves a Budget Adjustment in the amount of $961,770.00. rte+ PASSED and APPROVED this 5th day of July 2005. ,r•-• ATTEST. By: • ONDRA..- IT City•Cbl ear APPROVE DAN ODY, Mag • • • Based on estimated Official 2010 Census release date of information, it is estimated that three (3) months of the increased population will remain in 20' • Based on the seven (7) month completion schedule from the Census Bureau, it is estimated that nine (6) months of the increased population will be in 21 64 N J • Co A In ID t N CO NO) N C0 ✓ Co N 64 60 - 6 to CO A 2 T. CO Vj M 64 -4V J N N �A A 6LPEOS'£ $ (R (1) N ) � J Om) 0 A N >foegwnl leuolltPPV 0 cn m o cn o mB 0co a 0 17) c n _I c 0 C 5. 3 ; � 3 m J Jy N J y cN tu A F N c CO) F N F F ZIS'S9£'p $ (I) (0 A -• Si, 0) 8m N N N N D) 0) ? 0) N V CO ZLS'S9E'9 S alS'Sgt'Y S ZIS'S9£'V S ZLO'£61.'9Z S N O CO CO 0) N N g V Co CO CO p00 0p0 A A ✓ V 9E6'LZ9'E S 64 W CO J 9E67Z9'£ S 9£6'LZ9'£ $ SZ9'L9L'LZ $ N N CO V 0 m N O O t0 CON CD N 5D CO IV N O (0 10 w N 0 (D 0• O O 60 N co (DD I mm O 64 N (00 N (0 Co (0 CO 60 N 0- ) 000 CO W N ✓ PP .8v 0 N O J O J N N O O 3. W El o 3 Q o (D • <. n_ O al cn > 1 7- w cow June 10, 2005 City of Fayetteville Attn: Honorable Dan Coody 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mayor Coody: UNITED STATES.PARTMENT OF COMMERCE Economics and Statistics Administration U.S. Census Bureau Washington, DC 20233-0001 RECEIVED JUN 1 0 2005 CITY OF FAYETTEVILLE MAYOR'S OFFICE 'This will acknowledge receipt of your check in the amount of 5200 for a cost estimate for a special census of the City of Fayetteville, Arkansas. The estimated total cost of the special census of the City of Fayetteville, based on your population estimate of 70,351 persons, is $961,770. Of this amount, $438,230 is paid to the Census Bureau in advance, and $523,540 is held by the city to pay local persons who work on the special census. We are enclosing two copies of the Memorandum of Understanding (MOU) for the special census. Please read the MOU carefully, giving particular attention to the Terms sections, so you arc aware of the responsibilities of all the parties involved. As indicated in Terms item B(3)(a), the cost of the special census could increase significantly if sufficient applicants are not provided due to the additional time the Census Bureau supervisor would have to spend in recruiting additional applicants. It will be necessary to have an authorized local official sign and complete both copies of the MOU in the section designated "FOR THE GOVERNMENTAL. UNIT." If you wish to have us begin work on the special census, please forward a check for $438,230, payable to Commerce -Census, along with both signed copies of the MOU to the following address: Bureau of the Census P.O. Box 277943 Atlanta, GA 30384 Attn: Special Censuses Approximately three weeks after we receive your payment and signed MOU, you will receive another set of census maps for your jurisdiction with specific instructions to provide updates for current corporate boundaries. It is important that you review these maps and delineate the current boundaries of your jurisdiction and retum them within one week. Ordinances and plats are required for annexations. Information received from you regarding updated corporate limits will be used in the preparation of all maps and geographic products required to conduct your special census. Questions regarding corporate limits must be resolved before the special census begins. Total time needed to complete your Special Census and provide certified data is approximately 6-7 months from the time we receive the MOU and partial payment. Preparatory work takes approximately 3 months, enumeration averages about one month, and processing and certification takes about 3 months. Providing certified data within 6-7 months from a signed MOU assumes that all USCENSUSBUREAU IIIIp•no You MaII In/ormtJ OIri,,on1 www.rensus.gov • • 2 mapping updates from you are returned within the requested time frame. We cannot guarantee delivery of certified data to you on a specific date. However, we will make every effort to deliver the data as soon as possible after enumeration is complete. If you require certified data on or before a specific date, please contact us before signing the MOU so that we can discuss together the feasability of meeting this deadline. Please note that the Census Bureau will provide the data to any Federal, state, or local official, or other individual upon rcceipt of a written request. If you have questions or require further information, please call the Office of Special Censuses at 301-763-1429 or fax 301-457-8329. Since rian Monaghan Slit— Chief, Field Division Bureau of thc Census Enclosures Stephen L. Davis Submitted By • City of Fayetteville • Staff Review Form City Council Agenda Items Contracts 5 -Jul -05 City Council Meeting Date FISD Director Division Action Required: Finance & Internal Services Department City Council is requested to approve a Memorandum of Understanding (MOU) with the U.S. Census Bureau for the conducting of a special census for Fayetteville, Arkansas The estimated total cost of the special census is based on a population estimate of 70,351 person, is $961,770. City Council is also requested to approve a Budget Adjustment for $961,770. $961,770.00 Cost of this request 1010.6600.5315.00 Account Number N/A Project Number 1,715,082.00 Category/Project Budget (2005) 429,307.00 $ Services & Charges Program Category / Project Name Miscellaneous Funds Used to Date Program / Project Category Name 1,285, 775.00 General Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached X Debartmer1t Director 4-/e--05 Date /W. l City Attorney Da Mayor G-/7cac Date Previous Ordinance or Resolution # Original Contract Date: Original Contract Number. Received in City Clerk's Office llipprosr Comments: Staff recommends approval of this request. • • • MEMORANDUM OF UNDERSTANDING NO. CITY OF FAYETTEVILLE, ARKANSAS AND THE UNITED STATES OF AMERICA DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Memorandum of Understanding between the United States of America, Department of Commerce, Bureau of the Census, (hereinafter referred to as the Census Bureau) and the City of Fayetteville, Washington County, Arkansas. (hereinafter referred to as the Governmental Unit). INTRODUCTION I. The Governmental Unit has requested that a special census be taken under the authority of Tule 13, United States Code, Section 196. 2. Section 196 of Tide 13 authorizes the Secretary of Commerce to take a special census for a state, local, or tribal government upon payment of the actual or estimated cost. 3. The Governmental Unit is willing to pay all costs of taking the special census including, but not limited to, appropriately furnished office quarters, total compensation of all field cnumeration and supervisory personnel, compensation of Census Burcau headquarters and regional office personnel for time allocated to the special census, overhead for headquarters and regional offices, processing and tabulation of data, and all other costs attributable to taking the special census. 4. In taking the special census, the Governmental Unit is directly responsible for recruiting and compensating all field personnel determined necessary by the Census Bureau for taking the special census. Notwithstanding the Governmental Unit's responsibility for recruitment and compensation, such field personnel shall be and remain employees of the Census Bureau, subject w all appropriate Federal laws, and under its direct supervision. In this regard, the Census Bureau reserves the right to reject persons recommended by the Governmental Unit if such persons fail to meet employment criteria. TERMS Acknowledging the foregoing, the parties agree as follows: A. (1) The Census Bureau shall designate one or more experienced employees to direct the taking of the special census. (2) The Census Bureau employee(s) shall oversee all aspects of the enumeration including the hiring, training, and separation of enumerators, crew leaders, and other temporary personnel employed locally to take the special census. The designated Census Bureau employees) shall exercise day-to-day technical supervision of these employees. All such temporary personnel shall be Federal Government employees and neither the Governmental Unit nor any representative of the Governmental Unit shall supervise, exercise control over, or in any other way interfere with such employees in the performance of their responsibilities. B. (1) The Governmental Unit shall update maps of the proposed census area in accordance with instructions provided by the Census Bureau. The Governmental Unit shall provide any certification of legal boundaries within the proposed census area as required by the Census Bureau. Once the Governmental Unix boundaries have been certified by the Census Bureau, these boundaries will become the official boundaries for the special census. Any annexations after the Governmental Unit has certified its boundaries will not be included in the special census. The special census will not be scheduled until these obligations have been completed to the satisfaction of the Census Bureau. (2) The Governmental Unit shall supply, free of charge, satisfactory office quarters equipped with telephone(s), office furniture, photocopier, fax machine, and other equipment and furnishings as determined necessary and proper by the Census Bureau. These quarters must meet all security and confidentiality requirements as agreed to by the Census Bureau representative. (3) • • MOU No.: City of Fayetteville, Arkansas The Governmental Unit shall recruit sufficient qualified applicants for enumerators, crew leaders, and other positions as may be needed to complete the special census. Employees shall be selected for employment and separated under standards established by the Census Bureau, and shall take an oath or affirmation, as required, to protect the confidentiality of the information they collect. The Census Bureau reserves the right to reject any persons recommended by the Governmental Unit if such persons fail to meet the established employment standards. The Governmental Unit shall be responsible for all administrative operations relating to the reconcilement and payment of these employees. The Governmental Unit shall also comply with all applicable federal, state, and local laws, including but not limited to those pertaining to the 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 Governmental Unit for the necessary positions and the Census Bureau must expend funds to obtain applicants to fill the remaining positions, the Governmental Unit agrees to reimburse the Census Bureau for those additional expenses. This will increase the costs estimated in B.(4). and B.(5). In addition, if the Governmental Unit fails to provide sufficient suitable applicants, delays in completing the special census may occur. (4) (a) The Governmental Unit shall pay directly enumerators, crew leaders, and others hired locally to conduct the actual enumeration, at rates of pay fixed by the Census Bureau. The compensation of such enumerators, crew leaders, and others shall be paid to them directly by the Governmental Unit upon approval by the designated Census Bureau employee. Thc Governmental Unit shall pay or withhold from the compensation paid to the enumerators, crew leaders, and others locally employed all amounts necessary for Social Security, federal, state, and local income tax, or other sums required to be paid or withheld by federal, state, or local laws. The amount necessary to cover these expenses, not Including worker's compensation and unemployment benefits, is estimated to be $523,540. The Governmental Unit agrees that these funds will be available for disbursement upon approval of the designated Census Bureau employee. (b) The Government Unit shall reimburse the Census Bureau for all funds expended by the Census Bureau resulting from payments to the Department of Labor under applicable federal workers' compensation and unemployment benefits laws. (c) The Governmental Unit shall reimburse the Census Bureau and/or the United States for all funds expended in the processing, investigation and defense of all administrative and/or judicial claims regarding the actions of temporary employees arising from thcir employment pursuant to this Memorandum of Understanding (MOU). In addition, the Governmental unit agrees to indemnify the Census Bureau and/or the United States for any settlements and/or judgments incurred by the latter as a result of the actions of temporary employees arising from their employment pursuant to this MOU. (5) In addition to the salary expenses to be paid directly by the Governmental Unit to all temporary employees hired locally, the Governmental Unit 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) printing and preparation of enumeration questionnaires and related materials; (c) map preparation; (d) tabulation expenses; (e) the cost of the dcsignated Census Bureau 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 (1) other incidental expenses incurred by the Census Bureau in completing the special census. Based on an estimate of the population of 70,351, the estimated cost for these services is $438,230. A payment of that amount shall be furnished to the Census Bureau before any work on the special census is performed. The advance payment will be adjusted to actual costs and billing or refund made as appropriate. This payment is for Census Bureau costs referenced in this item and excludes those directly payable by the Governmental Unit under item 13.(4) above. (6) In accordance with B.(5), if actual cost exceeds the advance payment, the additional payment to the Census Bureau is due in full, 30 days from the date of the invoice. A late charge shall be imposed on the overdue amount for cach 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 U.S. Treasury in accordance with Treasury fiscal requirements. C. Notwithstanding the Governmental Unit's direct payment of compensation, all temporary enumerators, crew leaders, and others hired locally to conduct the special census are employees of the Federal Government. Therefore, regarding the negligent or wrongful acts of any temporary employees arising from their employment pursuant to this MOU, any claims and/or litigation arising from said acts will be adjudicated pursuant to the Federal Ton Claims Act, 28 U.S.C. 2671 et seq. (sec section B. (4)(c) herein regarding reimbursement and indemnification requirements). • • • MOU No.: City of Fayetteville, Arkansas D. The individual information collected by the enumerators on the special 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 Census Bureau. All such special census questionnaires and all other papers relating to the special census are the property of the Census Bureau and under the law may only be made available to and examined by Census Bureau officials and employees. Unlawful disclosure subjects employees to a fine of up to $250,000 or imprisonment of up to 5 years, or both. The Census Bureau shall provide to thc Governmental Unit the official population and housing unit 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 Census Bureau official. The Census Bureau 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 Governmental Unit due to the data not being available by a specific date. The Governmental Unit accepts that responses to a special census, unlike a decennial census, are voluntary and some respondents may choose to not answer some questions. When this happens, the Census Bureau will make every effort to collect as much information as possible. If the Census Bureau cannot obtain information directly from respondents, the Census Bureau will follow statistical procedures to assign the missing information based on information provided by people in the housing unit or from people from neighboring housing units. The Governmental Unit also accepts that, to complete the count of the group quavers population, it may be necessary for the Census Bureau to obtain information for people residing in certain institutions (such as correctional facilities with sccurity issues) from administrative records rather than from the respondents themselves. The Census Bureau will provide detailed statistical results to the Governmental Unit subject to limitations imposed by Title 13, United States Code, to protect the confidentiality of respondents. The Census Bureau can only use the special census counts in the intercensal population estimates program if: 1) the entire area of a governmental unit is included in the special census, 2) the legal boundaries of the governmental unit correspond to those used in the Population Estimates program (boundaries legally in effect on January 1 of the estimates year), and 3) the boundaries arc reported to the Census Bureau for processing by April 1 of the estimates year, and 4) final approved counts from the Special Census enumeration are ready by August 1 of the estimates year. If a Governmental Unit requests a special census for only a portion of their area, they do so with the understanding that the results of this partial special census will not be included in any subsequent Census Bureau population estimates. The Governmental Unit shall accept as final the official population count and other statistical results when provided by the Census Bureau. E. This MOU may be terminated in writing by the Governmental Unit before enumeration begins. In the event of termination of the MOU, the Census Bureau will be reimbursed by the Governmental Unit for costs incurred or obligated prior to the date of termination. Once the enumeration has commenced, it will be carried to completion, the data will be processed, and the results will be reported. The Census Bureau may terminate in writing this MOU in whole or in part, when it is in the Federal Government's interest. If this MOU is terminated, the Census Bureau will return any unused funds to the Governmental Unit. In the event a dispute arises undcr or related to the to s of this MOU, and before any legal action is taken, thc Parties mutually agree to select a forum for alternate resolution of the dispute. FOR THE GOVERNMENTAL UNIT FOR THE CENSUS BUREAU BY: / BY: NAME: TIT E: Brian Monaghan DATE: Chief, Field Division Bureau of the Census Form SC -3 6/02/2004 Clarice Pearman - Res. 135-05 • • From: Clarice Pearman To: Davis, Steve Subject: Res. 135-05 Page 1 Steve, Attached is a copy of the resolution passed by City Council, July 5, 2005 regarding a special census. The two originals are being returned to you via interoffice mail for the US signatures needed. Please be sure to get a this back to me to attached to this resolution when you received it back. Thanks. Clarice CC: Deaton, Vicki l Clarice Pearman - Fwd: Res. 135-05 111, From: Clarice Pearman To: Fell, Barbara Subject: Fwd: Res. 135-05 Attached is the budget adjustment for this item too. • »> Clarice Pearman 07/12/05 04:49PM »> Steve, Attached is a copy of the resolution passed by City Council, July 5, 2005 regarding a special census. The two originals are being returned to you via interoffice mail for the US signatures needed. Please be sure to get a this back to me to attached to this resolution when you received it back. Thanks. Clarice CC: Davis, Steve Page 1 July 28, 2005 City of Fayetteville Attn: Honorable Dan Coody 113 West Mountain Street Fayetteville, Arkansas 72701 Dear Mayor Coody: &S.135 -o5 UNITED STATElEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. Census Bureau Washington, DC 20233-0001 RECEIVED JUL '4 9 2005 CIT OF FAYETTEVILLE MAYOR'S OFFICE This will acknowledge receipt of the formal agreement and the check for 5438,230 as initial payment for the special census of the City of Fayetteville, Arkansas. One copy of the signed formal agreement is enclosed for your records. You will receive Census Bureau maps of the City of Fayetteville from our National Processing Center in Jeffersonville, Indiana. These maps will show the corporate limits and street pattems based on the information we have. Before further work can proceed on your special census, the corporate limits must be verified or corrected and changes made to the street patterns, as needed. Detailed instructions will be enclosed with the maps. Field operations for your special census will be under the general direction of Mr. Henry L. Palacios, the Director of our Kansas City Regional Office. A member of his staff will he contacting you to answer any questions you may have regarding the preparation and scheduling of field activities for your special census. We invite you to access the Special Census Website, located at www.census.gov/spccialcensus. Several tools can be found under Customer Tools to assist you with recruitment and community outreach. You can tailor the advertisements, posters, announcements, and fact sheets with information specific to your community by using the free Adobe Reader software. Before using these tools, be sure to discuss specific items with your regional office liaison, including enumerator pay rate and the approximate date of your Census Day. Use the following User Name and Password to access the Customer Tools section. User Name: specialcensus Password: special2003 We need approximately 60 days from the date we receive your updated maps to prepare for Census Day. The actual census date cannot be set until all map processing has been completed and your recruitment efforts have generated an adequate number of job applicants. Please keep in mind that 60 days is only an cstimate and may increase or decrease based on multiple factors. If you have further questions on the contract or the certification of the census counts, please contact Mike Stump, Office of Special Censuses on 301-763-1429. Sincerely, Mike Stump Office of Special Censuses U.S. Census Bureau Enclosure USCENSUSBUREAU MN<:no You Moil informed Decisions www.census.gov Clarice Pearman - Res 135-05 From: Clarice Pearman To: Davis, Steve Date: 7/29/05 4:33PM Subject: Res. 135-05 Steve, Attached is a copy of the resolution passed by the City Council and a copy of the US Census Bureau Agreement for a special census. If anything else is need please let me know. Thanks. Clarice CC: Deaton, Vicki; Fell, Barbara Page 1