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R-314-94 Approving Agreement between Village of Lemont and U.S, Cesus Bureau for the Performance of a Special CensusRESOLUTION 3'`f' RESOLUTION APPROVING AGREEMENT BETWEEN VLLLAGE OF LEMONT AND U. S. CENSUS BUREAU FOR THE PERFORMANCE OF A SPECIAL CENSUS WHEREAS, the Village of Lemont seeks to contract with the U. S. Census Bureau to have a special census conducted in Lemont; and WHEREAS, the special census will result in revised official population data reflecting community growth -since 1990; and WHEREAS, the revised population data will result in an upward adjustment in per capita revenues distributed to the Village by the State of Illinois. NOW, THEREFORE, BE IT RESOLVED that the attached agreement between the Village of Lemont and Bureau of the Census is hereby approved. PASSED AND APPROVED BY TILL PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL, AND DU PAGE, ILLINOIS, on this 9 day of , 1994. AYES NAYS PASSED ABSENT Barbara Buschman ✓ Alice Chin Keith Latz William Margalus Richard Rimbo Ralph Schobert ✓ aS//ho,e 211 0- E'er -sL-- Approved by me this 9i' Attest: 0 )%2. r CHARLENE M. SMOLLEN, Village Clerk day of , 1994 RICHARD A. KWASNESKI, Village President CHARLENE M. SMOLLEN, Village Clerk (4) 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, workman's compensation, 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 $12,650. The Contractor agrees that these funds will be available for disbursement upon approval of the designated Government employee. 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 8,684, the estimated cost for these services is $20,350. 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.(3) 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 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 FOR THE GO11 ERNHENT (5) BY: TITLE: DATE: BY:, WILLIAM P. BUTZ DATE: Associate Director for Demographic Programs Bureau of the Census SC -3 3/22/93 CONTRACT NO. LEMONT, ILLINOIS AND THE UNITED STATES OF AMERICA DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS Agreement between the United States of America, Bureau of the Census, Department of Commerce, (hereinafter referred to as the Government) and the village of Lemont, Cook County, Illinois (hereinafter referred to as the Contractor). RECITALS 1. 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 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 recruiting, screening, recommending, and compensating 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 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 othur.jrvay interfege with such employees kin . the performance of their responsibilities. 11 „ (1U,. I .'1,4 ; B. (1) The Contractor shall update maps of the proposed census area in accordance with instructions provided by the pover!t nt.,.;The Contractor shall provide any certification of legal boundaries ,wi hjq Owproposed census area as required by, the Government. The census will not be scheduled until these oh}igakions(taye been completed to the satjsfaction,of the, Government. ,,ru coulblX M • '¢16 „ :� �•zc. trf� SflUJ1171t(t (2) The Colntractor shall supply, free of charge, satisfactory office quarters equipped with,Aelephone(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, 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 reject any persons recommended by the. Contractorlif 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 kcal laws; including but not limited to those pertaining to Equal Empippopn.Vipportunity . Act; and the Fair Labor Act applicable to these, employees, and shall complete and filecany an ell ippgtts required thereunder. ' iv- f 4+; ,ae ,• , tY,rtp 111; -f uf.r t,lr ,r,l (a) In the event that sufficient suitable applicants are not furnished by the Contractor for the necessary positions and .0! I, the Government must expend funds to obtain applicants to fill the remaining positions, the Contractor agrees s;..to reimburse the Government for those additional expenses. This will increase thgrsts, estimated ;in B.(4). and B.(5).