HomeMy WebLinkAbout07-71 Resolution No. 07-71
RESOLUTION
AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING
WITH THE UNITED STATES CENSUS BUREAU
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock,Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute a Memorandum of Understanding on behalf of the City of Elgin with the United States
Census Bureau for the 2007 Special Census, a copy of which is attached hereto and made a part
hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: March 14, 2007
Adopted: March 14, 2007
Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
s/Jennifer Quinton
Jennifer Quinton, Deputy City Clerk
OF
, a City of Elgin
Jtok
January 29, 2009
RE: Resolution No. 07-71
Execution of a Memorandum of Understanding between the City of Elgin and U.S.
Census Bureau for the 2007 Special Census
To Whom It May Concern:
The document listed above was sent out for signatures to another entity and an executed copy
was never returned to the City Clerk's office for record retention. Attached is the un-executed
copy that was sent out for signature. Thank you.
SrttU MtSSAIit
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WilsonJOReS. WHITE-ORIGINAL CANARY-DUPLICATE 44-900•Duplicate
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c?� s „ �, Agenda Item No.
J Cityof Elgin
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March 9, 2007
TO: Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager
Janice Ward, Senior Planner
SUBJECT: Memorandum of Understanding for the 2007 Special Census
PURPOSE
The purpose of this memorandum is to provide the Mayor and members of the City Council with
information to approve the Memorandum of Understanding for the 2007 Special Census.
RECOMMENDATION
It is recommended that the City Council approve the Memorandum of Understanding for the
2007 Special Census for an estimated cost of$204,427.
BACKGROUND
A Special Census cost estimate was obtained from the Census Bureau. A partial census of the
City's growth areas is expected to cost $204,427 for approximately 12,000 residents (includes
new residents and existing year 2000 residents residing in identified growth areas). This census
would be conducted in the summer of 2007.
Based on actual new housing construction permits from the year 2000 (our last census count) to
the end of 2006, it is expected that 3,885 new housing units will be built and occupied by mid-
year 2007. Using this housing estimate and a factor of 2.79 persons per household, Elgin's
population is expected to increase by 10,840 persons resulting in a total population of 105,327
persons at the time of the special census.
An increase in Elgin's population will result in additional income tax, local use tax, and motor
fuel tax revenues (known as per capita revenues) from the State of Illinois. It is projected that
the City will receive an additional $1,300,000 (approximately $120 per person) annually for a
total of$3.69 million (2008 through 2010 and less the estimated $204,427 cost to conduct the
census).
Memorandum of Understanding for the Special Census
March 9, 2007
Page 2
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
United States Department of Commerce, U.S. Census Bureau
Bureau of the Census, Office of Special Censuses, Atlanta, GA
Bureau of the Census, Field Division, Westchester, IL
FINANCIAL IMPACT
()I
The cost for the special census will be $204,427. Sufficient funds are budgeted ($235,460) and
available ($230,880) in the General Fund, Special Projects, account number 010-6902-719.89-
02, project number 151956, Special Census 2007, to enter into the agreement. It is estimated that
per capita revenues would increase $1.3 million per year over the 2008-2010 period as a result of
conducting the census.
LEGAL IMPACT
The Memorandum of Understanding between the City of Elgin and the U.S. Department of AW
Commerce, Bureau of the Census must be executed to initiate the 2007 Special Census.
ALTERNATIVES
1. The City Council may choose to conduct a 2007 Special Census and execute the
Memorandum of Understanding between the City of Elgin and the U.S. Department of
Commerce, Bureau of the Census.
2. The City Council may decide not to conduct a 2007 Special Census.
Respectfully submitted for Council consideration.
JAW
Attachment
MEMORANDUM OF UNDERSTANDING NO.
CITY OF ELGIN,ILLINOIS
AND THE UNITED STATES OF AMERICA
DEPARTMENT OF COMMERCE
BUREAU OF THE CENSUS
nd Memorandum of Understanding g
between the United States of America,Department of Commerce,Bureau of the Census,
(hereinafter referred to as the Census Bureau)
and
the City of Elgin,Cook&Kane Counties,Illinois.
(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 Bureau 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 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 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. (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
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.
MOU No.:
GU:City of Elgin,Illinois
(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,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. 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
$80,095. 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 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.
(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 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(f)other incidental expenses incurred by the
Census Bureau in completing the special census. Based on an estimate of the population of
11,675,the estimated cost for these services is$124,332. 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.
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 Tort Claims Act,28 U.S.C.2671 et seq.(see section B.(4)(c)herein
regarding reimbursement and indemnification requirements).
MOU No.:
GU:City of Elgin,Illinois
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 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.
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 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 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 cif 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.
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 FOR THE CENSUS BUREAU
BY: BY:
NAME: DATE: Brian Monaghan DATE:
Chief,Field Division
TITLE: Bureau of the Census
Form SC-3
6/02/2004