HomeMy WebLinkAbout24-236 Resolution No. 24-236
RESOLUTION
AUTHORIZING EXECUTION OF A MEMORANDUM OF UNDERSTANDING AND TO
ACCEPT PLANNING TECHNICAL ASSISTANCE SERVICES FROM THE CHICAGO
METROPOLITAN AGENCY FOR PLANNING (CMAP)
WHEREAS, the City of Elgin (hereinafter referred to as "the City") has a population of
more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of the Section 6
of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section,a home rule unit may exercise any power and perform
any function pertaining to its government and affairs for the protection of the public health,safety,
morals and welfare; and
WHEREAS, the City of Elgin ("the City") has applied for technical assistance services
through the Chicago Metropolitan Agency for Planning ("CMAP"), for the City of Elgin
Americans with Disabilities Act Public Rights-of-Way Transition Plan project; and
WHEREAS, the City's request for such assistance has been recommended by CMAP as a
priority project; and
WHEREAS, CMAP adopted the ON TO 2050 Plan as the long-range regional
comprehensive plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane,
Kendall. Lake, McHenry and Will counties, and is providing technical assistance as a means of
advancing the plan's implementation and CMAP priorities; and
WHEREAS, the City and CMAP have agreed on the Memorandum of Understanding
("MOU"),attached hereto as Exhibit A,that will guide technical assistance services to be provided
by CMAP.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. The City of Elgin supports the Elgin ADA PROW Transition Plan Project and
hereby authorizes a duly appointed representative to execute the Memorandum of Understanding
attached hereto as Exhibit A ("MOU").
Section 2. Pursuant to the provisions of the MOU, the City accepts the offer of staff
assistance services by CMAP and recognizes that these services are provided for the purpose of
advancing the implementation of ON TO 2050 and other CMAP priorities.
Section 3. The City Council authorizes and directs Richard G. Kozal, City Manager, or
his designee, to finalize and execute an MOU on behalf of the City with CMAP, the final form of
which is subject to the approval of the City Corporation Counsel, and which shall be generally
consistent with the document entitled "CMAP Memorandum of Understanding for City of Elgin
ADA Plan MOU No. A25-0022-TA."
Section 4. The City Council recognizes that provisions that govern the administration of
technical assistance services, CMAP's core values, and, if necessary, the discontinuance of such
services, are included in the MOU.
Section 5. This Resolution shall be in full force and effect immediately upon its passage
and approval in a manner provided by law.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: October 23, 2024
Adopted: October 23, 2024
Omnibus Vote: Yeas: 9 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
- 2 -
433 West Van Buren Street
Suite 450
Chicago Metropolitan Chicago,It60607
Agency for Planning 312.454.0400
cmap gov
MOU No.: A25-0022-TA
Memorandum of Understanding
For
City of Elgin ADA Plan
THIS Memorandum of Understanding (hereinafter "MOU") by and between the Chicago
Metropolitan Agency for Planning, herein called CMAP, and the City of Elgin, herein called the
GOVERNMENTAL BODY. The purpose of this MOU is to develop a public right-of-way (PROW)
self-evaluation and transition plan that complies with the Title II obligations of the Americans
with Disabilities Act (ADA) (hereinafter"PROJECT')
Required Signatures
By signing below, the GOVERNMENTAL BODY and CMAP agree to comply with and abide by
all provisions set forth in Parts 1-3 herein and any Appendices thereto.
For th VERNMENTAL BODY:
Gchard G. Kozal, City Manager October 23, 2024
Signature Ty e or Print Name of Authorized Representative Date
to
Kimberly A. Dewis, City Clerk October 23, 2024
ignature Type or Print Name Date
For CMAP:
Erin Aleman Attest Signature Date
Executive Director
Part 1 Scope/Term
Part 2 General Conditions
Part 3 Responsibilities
Attachement 1 Project Charter
Part 1: Scope/Term
1. Scope of Services and Responsibilities. CMAP and the GOVERNMENTAL BODY agree
as specified in Part 3.
2. Term of MOU. The term of this MOU shall be three (3) years from the date of execution
unless terminated earlier as provided for in Paragraph 6 "Termination" herein.
3. Amendments. All changes to this MOU must be mutually agreed upon by CMAP and the
GOVERNMENTAL BODY and be incorporated by written amendment, signed by the parties.
Part 2: General Conditions
The following are general conditions of approval, procedural guidelines, and specific terms of
MOU to which all projects are subject. Signatories of this MOU certify that these general
conditions will be adhered to unless amended in writing.
1. Complete MOU. This MOU including all exhibits and other documents incorporated or
referenced in the MOU, constitutes the complete and exclusive statement of the terms and
conditions of the MOU between CMAP and the GOVERNMENTAL BODY and it supersedes all
prior representations, understandings and communications regarding this PROJECT. The
validity in whole or in part of any term or condition of this MOU shall not affect the validity of
other terms or conditions of this MOU
a) Either Party's failure to insist in any one or more instances upon the performance of any
terms or conditions of this MOU shall not be construed as a waiver or relinquishment of
said Party's right to such performance by the other Party or to future performance of
such terms or conditions and the other Party's obligation in respect thereto shall
continue in full force and effect. The GOVERNMENTAL BODY shall be responsible for
having taken steps reasonably necessary to ascertain the nature and location of the
work, and the general and local conditions that can affect the work or the cost thereof.
Any failure by the GOVERNMENTAL BODY to do so will not relieve it from responsibility
for successfully performing the work without additional expense to CMAP.
b) CMAP and the GOVERNMENTAL BODY assume no responsibility for any
understanding or representations made by any of its officers, employees or agents prior
to the execution of this MOU, unless such understanding or representations by both
parties are expressly stated in this MOU.
c) Changes: CMAP and the GOVERNMENTAL BODY may from time to time order work
suspension or make any change in the general scope of this MOU including, but not
limited to changes, as applicable, in the drawings, specifications, delivery schedules or
any other particular of the description, statement of work or provisions of this MOU. If
any such change causes an increase or decrease in the cost or time required for
performance of any part of the work under this MOU, CMAP shall promptly notify the
GOVERNMENTAL BODY and a written amendment will be prepared for MOU between
CMAP and the GOVERNMENTAL BODY for changes in scope, time and/or costs. No
amendments are effective until there is a written MOU that has been signed by both
parties.
d) Changes to any portion of this MOU shall not be binding upon CMAP and the
GOVERNMENTAL BODY except when specifically confirmed in writing by an authorized
representative of CMAP and an authorized representative of the GOVERNMENTAL
BODY.
e) For its convenience, CMAP reserves the right to extend the Term of this MOU. Any
changes to the Term of this MOU shall not be binding until specifically confirmed in
writing by authorized representatives of both parties.
2. Compliance/Governing Law. The terms of this MOU shall be construed in accordance with
the laws of the State of Illinois. Any obligations and services performed under this MOU shall be
performed in compliance with all applicable state and federal laws.
3. Availability of Appropriation (30 ILCS 500/20-60). This MOU is contingent upon and
subject to the availability of funds. CMAP, at its sole option, may terminate or suspend this
MOU, in whole or in part, without penalty, if the Illinois General Assembly, the state funding
source, or the federal funding source fails to make an appropriation sufficient to pay such
obligation, or if funds needed are insufficient for any reason. The GOVERNMENTAL BODY will
be notified in writing of the failure of appropriation or of a reduction or decrease in appropriation.
4. Allowable Charges. No expenditures or charges shall be included in the cost of the
PROJECT that are: (i) contrary to provisions of this MOU or the latest budget approved by a
duly-authorized official of CMAP and the GOVERNMENTAL BODY; (ii) not directly for carrying
out the PROJECT; (iii) of a regular and continuing nature, except that of salaries and wages of
appointed principal executives of CMAP who have not been appointed specifically for the
purposes of directing the PROJECT, who devote official time directly to the PROJECT under
specific assignments, and respecting whom adequate records of the time devoted to and
services performed for the PROJECT are maintained by CMAP may be considered as proper
costs of the PROJECT to the extent of the time thus devoted and recorded if they are otherwise
in accordance with the provisions hereof; or(iv) incurred without the consent of CMAP after
written notice of the suspension or termination of any or all of CMAPs obligations under this
MOU.
5. Suspension. If the GOVERNMENTAL BODY fails to comply with the special conditions
and/or the general terms and conditions of this MOU, CMAP may, after written notice to the
GOVERNMENTAL BODY, suspend the MOU, pending corrective action by the
GOVERNMENTAL BODY. If corrective action has not been completed within sixty (60) calendar
days after service of written notice of suspension, CMAP shall notify the GOVERNMENTAL
BODY in writing that the MOU has been terminated by reason of default in accordance with
Paragraph 6 "Termination" herein.
6. Termination.
a) This MOU may be terminated in whole or in part in writing by CMAP or the
GOVERNMENTAL BODY for its convenience (hereinafter termed "Termination for
Convenience"), provided that the terminating party provides not less than fourteen (14)
calendar days written notice (delivered by certified mail, return receipt requested) of
intent to terminate to the respective address set forth on the signature page of this MOU.
b) Upon notice of termination by either party, CMAP shall (i) promptly discontinue all
services affected (unless the notice directs otherwise) and (ii) deliver or otherwise make
available to the GOVERNMENTAL BODY all data, drawings, specifications, reports,
estimates, summaries and such other information and materials as may have been
accumulated by CMAP in performing this MOU, whether completed or in process.
c) No Further Liability. Each party agrees that the rights of termination hereunder are
absolute and it has no right to a continued relationship with the other after termination
(except as expressly stated herein). Neither party shall incur any liability whatsoever for
any damage, loss or expense of any kind suffered or incurred by the other (or for any
compensation to the other) arising from or incident to any termination of this MOU by
such party that complies with the terms of the MOU whether or not such party is aware
of any such damage, loss or expense.
7. Publication. CMAP and the GOVERNMENTAL BODY shall have royalty-free, nonexclusive
and irrevocable license to reproduce, publish, disclose, distribute, and otherwise use, in whole
or in part, any reports, data or other materials specifically prepared under this Agreement, and
to authorize other material to do so. The GOVERNMENTAL BODY and CMAP shall include
provisions appropriate to effectuate the purpose of this clause in all contracts for work under this
Agreement.
8. Confidentiality Clause. Except as required pursuant to a validly issued subpoena, lawful
request by a governmental entity or any applicable laws, including without limitation any Federal
or State Freedom of Information Acts, any documents, data, records, or other information given
to or prepared by the GOVERNMENTAL BODY or CMAP pursuant to this Agreement shall not
be made available to any individual or organization without prior written approval by CMAP or
the GOVERNMENTAL BODY. All information secured in connection with the performance of
services pursuant to this Agreement shall be kept confidential unless disclosure of such
information is approved in writing by CMAP or the GOVERNMENTAL BODY. Nothing in these
restrictions interfere with the lawful obligation to respond to FOIA requests.
9. Reporting/Consultation. The GOVERNMENTAL BODY shall consult with and keep CMAP
fully informed as to the progress of all matters covered by this Agreement. CMAP shall consult
with and keep the GOVERNMENTAL BODY fully informed as to the progress of all matters
covered by this Agreement.
10. Identification of Documents. All reports, maps, and other documents completed as part of
this Agreement, other than documents exclusively for internal use within CMAP or the
GOVERNMENTAL BODY offices, shall carry the following notation on the front cover or a title
page or, in the case of maps, in the same area which contains the name of the
GOVERNMENTAL BODY. "This material was prepared in consultation with CMAP, the Chicago
Metropolitan Agency for Planning, (http://www.cmap.illinois.gov)."
Part 3: Responsibilities
The GOVERNMENTAL BODY shall perform and carry out in a satisfactory and proper manner,
as determined by CMAP, the following:
1. Project Charter. The PROJECT and all work performed by CMAP will be consistent with the
Project Charter included herein as "ATTACHMENT 1". Changes to the project charter must be
jointly agreed to by CMAP and the GOVERNMENTAL BODY.
2. Scope of Work. Following enacting this MOU, CMAP and GOVERNMENTAL BODY will
jointly determine and document the PROJECT scope of work, timelines, public engagement
schedules, commitment of non-staff resources by either CMAP or the GOVERNMENTAL
BODY, and other elements prior to beginning the work outlined in the scope of work. CMAP
may also request GOVERNMENTAL BODY assistance to establish expectations and
performance goals for the PROJECT and process. Said scope of work shall be finalized and
mutually agreed to by both parties prior to beginning work.
a) CMAP and GOVERNMENTAL BODY shall jointly agree to changes to PROJECT scope
or timelines; CMAP may discontinue the PROJECT if major deviations, changes, or
expansions of scope or schedule occur.
b) All work performed by LTA staff must be related to the scope of work.
3. Roles and Relationship. CMAP and the GOVERNMENTAL BODY shall perform and carry
out in a satisfactory and proper manner, as determined by CMAP the following:
a) CMAP shall assign staff to work with local governments and the community as part of
the Local Technical Assistance program.
b) GOVERNMENTAL BODY shall assign a lead person to be the main point of contact for
LTA staff.
c) CMAP staff will report on the overall scope of work and day-to-day activities to the
GOVERNMENTAL BODY.
d) Assigned staff are CMAP employees and CMAP is responsible for evaluating their
performance.
e) CMAP management, in addition to the CMAP staff assigned to the PROJECT, may
periodically check-in (frequency to be determined based on need) with
GOVERNMENTAL BODY.
f) CMAP is responsible for assigning relevant LTA staff to work on the PROJECT (based
on availability, skills, familiarity with the area, and subject matter expertise).
g) GOVERNMENTAL BODY understands that CMAP assistance is provided as a means of
advancing the implementation of ON TO 2050 the long-range regional comprehensive
plan for the seven-county Chicago region, encompassing Cook, DuPage, Kane, Kendall,
Lake, McHenry and Will counties.
4. Access to resources. LTA staff will have full access to CMAP data and other resources,
including specialized CMAP staff(for advanced mapping, data, outreach, communications, or
topic-specific expertise). The GOVERNMENTAL BODY will provide CMAP access to data as
follows:
a) The GOVERNMENTAL BODY will provide access to relevant staff who will need to be
involved in the PROJECT, and will ensure that they allocate sufficient time to the
PROJECT.
b) The GOVERNMENTAL BODY will provide access to all relevant internal data, reports,
and other information necessary to successfully complete the PROJECT.
c) The GOVERNMENTAL BODY's leadership (key staff, planning commissioners, board
members, other elected officials, other decision-makers) commits to participate in the
PROJECT and allocate sufficient time at meetings (Plan Commission meetings,
GOVERNMENTAL BODY meetings, etc.) to ensure due consideration so the PROJECT
is successful.
5. Demonstration of local support. GOVERNMENTAL BODY agrees to provide an inclusive,
open, safe and welcoming environment in which to conduct meetings and outreach events.
a) The GOVERNMENTAL BODY shall be responsible for working with CMAP to identify
members for a steering committee or similar oversight group.
b) If public outreach is a component of the PROJECT, the GOVERNMENTAL BODY
agrees to participate in public outreach and engagement efforts; including assisting in
dissemination of PROJECT and meeting information, attending and assisting at public
meetings, and providing key stakeholder contact information.
6. Project management and review. CMAP will have lead responsibility for project
management. CMAP shall in all reasonable ways coordinate and work with the
GOVERNMENTAL BODY staff as the PROJECT proceeds. The GOVERNMENTAL BODY in all
reasonable ways shall cooperate with CMAP and the consultant, if any. CMAP shall require the
consultant, if any, to provide the GOVERNMENTAL BODY with all of the consultants'
deliverables, if any; at the same time they are delivered to CMAP. CMAP and
GOVERNMENTAL BODY shall notify the other of all scheduled PROJECT related meetings
with the consultant, if any, to enable the other to attend the meetings if desired.
a) Allocation of CMAP staff to the PROJECT will vary over time based on project timeline
and work needs.
b) In order to maintain PROJECT progress and momentum, the GOVERNMENTAL BODY
agrees to review and provide feedback on PROJECT deliverables in a timely manner, in
accordance with the agreed upon timelines.
c) GOVERNMENTAL BODY agrees to make best faith effort to adopt and implement the
completed plan within agreed upon timelines.
ATTACHMENT 1:
Project Charter
MODULE 1:PROJECT CHARTER
WORK PLAN NO. PROJECT TITLE DATE
2025.023 City of Elgin ADA PROW Transition Plan 04/22/2024
The Project Charter provides a high-level overview to establish a shared understanding of the project to facilitate the formal
authorization to begin detailed scoping.
General Information
Program area Accessible Communities
Project type Consultant led project
Community Partner City of Elgin
1.Project Description
A brief overview of the project as it appears in the agency's annual work plan.
CMAP will provide technical assistance,as a consultant-led project,to the City of Elgin(Community Partner)to develop a public
right-of-way(PROW)self-evaluation and transition plan that complies with the Title II obligations of the Americans with
Disabilities Act(ADA).The project will explore and address topics including,but not limited to,grievance remediation;accessibility
compliance and best practices for pedestrian access routes,transit stops,and other infrastructure in the public right-of-way;
notices and robust public engagement;and improvement prioritization schemas.CMAP also will encourage local staff to go
beyond the base level of compliance and integrate key principles of universal design into their planning processes.
2.Assumptions and responsibilities
Identifying assumptions and the responsible parties that support them is critical to the successful completion of a project by
providing a better understanding of whether the project is realistic and achievable.
NO. ASSUMPTION/RESPONSIBILITY
Public rights-of-way and facilities are required to be accessible to persons with disabilities pursuant to the following
statutes:Section 504 of the Rehabilitation Act of 1973(29 U.S.C.§794),Title II of the Americans with Disabilities Act of
1
1990(ADA)(42 U.S.C.§§12131-12164),the Illinois Accessibility Code.,local ordinances,and Public Rights of Way
Accessibility Guidelines,as applicable.
Community Partner will assign a local coordinator serving as the main point of contact for the project,with access to
2 officials and staff.The anticipated commitment for this individual is between 100-120 staff hours over the life of the
project.CMAP will assign a project manager to the project and that individual will be the primary point of contact for this
project.
3 The Community Partner will provide access to all relevant internal data,reports,past plans,and other information
necessary to successfully complete the project,and will identify budgetary resources to implement the transition plan.
The Community Partner will participate in public outreach and engagement efforts identified by CMAP or its consultants,
4 including leveraging existing community events to increase community empowerment and equitable
engagement.Consultant will work with the Community Partner to identify and collect contact information for relevant
community stakeholders and will also explore past participation efforts and identify priority audiences.
All materials produced must use ADA-compliant accessibility formats,use accessible language,being language this
5 inclusive and is easy to understand,and may require materials to be translated into the region or area's most spoken
languages.
6 The proposed study area will include all public ROW within the corporate limits of the Community Partner.
In the development of the plan,CMAP and the Consultant will pursue the highest standards for accessibility(PROWAG)
7 and universal design and will seek to coordinate accessibility improvements with local safety planning.
The Community Partner will be responsible for the implementation of the plan including seeking available funding,but the
8 community would be eligible for future implementation support from CMAP.
9 CMAP fiscal year is July—June.
10 CMAP will utilize an engagement consultant to provide regional awareness of ADA requirements,messaging,and outreach
resources.Consultant will work with CMAP and the PMO Consultant to incorporate these materials into the project.
11 Community Partner has an estimated 343 linear centerline miles of public right-of-way;614 linear miles of existing
sidewalks;and 8 linear miles of off-street pedestrian pathways.These estimates will require verification.
12 The Community Partner contracted with Cyclomedia to gather LiDAR imaging data.
3. Constraints and exclusions
Awareness and planning for the organizational,technical,and resource constraints that limit the project's scope will allow for
problem areas to be identified and addressed to reach the project goals quickly.
NO. CONSTRAINT/EXCLUSIONS
The project will be limited to the public rights-of-ways,thus only covering part of the Title II obligations.The project will
1 not include facilities and programming.
2 Engineering work is not included in project scope. Engineering services or work are not an eligible use of CMAP funds.
3 There may be challenges coordinating and involving all departments in the city.
4 The project must be completed within the limited timetable identified below.
4. ON TO 2050 Implementation Topics
The project activities will seek to advance the recommendations of ON TO 2050 the region's comprehensive plan by exploring and
addressing implementation of the following:
TOPIC PROJECT IMPLEMENTATION
Leverage the transportation network to promote inclusive growth for a system that works better for everyone
Invest in transportation Expand transportation connections to key destinations with the identification and
connections to desired prioritization of gaps in access by all modes--with a focus on public right-of-way
destinations(C05.G13.R32.S120) infrastructure--to employment centers,medical and education facilities,social services,
and recreation and regional trails,and other quality of life destinations.
Improve commute options Specifically, the study area includes all public ROW in the City, with an emphasis on
between disinvested areas and strengthening east-west access,and connections to priority destinations including but not
employment,education and limited to downtown Elgin,the Elgin Transportation Center,local educational institutions,
training,and service opportunities and other local cultural and institutional sites.
(C05.G13.R31.S116)
Improve access to public rights of Enhance the usability of the public right-of-way by non-vehicular modes with universal
way for pedestrians,cyclists,and design recommendations for accessibility,placemaking and streetscape improvements,and
people with disabilities the identification and prioritization of infrastructure projects.
(C05.G13.R31.S117)and
Specifically, the project will identify barriers to accessibility in the public right-of-way.
Implement best practices in
placemaking(C01.G02.R03.S010)
Increase authentic,responsive Expand equitable engagement with the application of environmental justice principles and
engagement of underrepresented steps taken to provide the public,including members of minority populations and low-
communities in planning and income populations,access to public information and to develop a feasible shared vision
development(COS.G13.R31.S114) for the plan.The engagement process will create a foundation and a framework for future
outreach to avoid disproportionately high and adverse effects in future transportation and
other programs,policies,and activities.
Specifically,as required by Title II,steps shall be taken to provide ample opportunities to
provide feedback on the draft plan. The engagement process should include people with
disabilities,disability advocacy organizations,and other parties that would be impacted by
or have an interest in this plan. The Steering Committee will be comprised of members from
the local disability community,representatives of local disability organizations,residents,
business owners,community leaders,and other community stakeholders.
Improve travel safety for a system that works better for everyone
Update roadway designs for speed Increase roadway safety for vulnerable road user with design recommendations for safety
management,conflict reduction, improvements for pedestrian crossings,problematic intersections,and the prioritization of
safety,and accessibility. accessibility,safety improvements,Complete Streets initiatives,and alternative
(C05.G13.R32.S119) intersections.
Specifically, the project will identify accessibility barriers and recommend improvements,
which should also result in increasing the safety of vulnerable road users.
Harness technology to improve travel and anticipate future impacts for a modern multimodal system that adapts to changing
travel demand
Ensure that emerging Leverage emerging transportation technology with studies,pilots and demonstration
transportation technologies projects that allow communities identify the potential benefits and pitfalls of new
support inclusive growth technologies with regard to economic competitiveness,affordable mobility,accessibility,
(C05.G12.R28.S097) and local quality of life.
Specifically,the project may utilize light detection and ranging technology(LiDar)and
document the process to inform communities of alternative technologies to measure ADA
compliance in public right-of-way infrastructure.
Build local government capacity to provide a strong quality of life
Support local governments in the Implement plan recommendations through a planning process that represents the vision of
implementation of technical the community and empowers leaders to undertake their role in implementation,as well as
assistance plan recommendations an action plan that prioritizes recommendations and outlines implementation steps.
(C04.G 10.R25.S086)
Specifically,resources provided by CMAP will provide staff with knowledge in ADA
compliance to be able to capitalize on opportunities when they arise and CMAP will also
assistance with planning for and implementing infrastructure and capital projects.
Plan for future development when Build the capacity of the community to develop,fund,and maintain transportation
approving near-term infrastructure and to plan for future development when approving near-term infrastructure
infrastructure and development and development proposals.
proposals(C01.G01.R01.S003)
Specifically,the City of Elgin is committed to creating capacity by providing a high level of
Build capacity for disinvested accessible infrastructure where residents and visitors can travel anywhere on accessible
communities to develop,fund, routes that are up to current standards and safe,improving pedestrian mobility across the
and maintain transportation community.
infrastructure(C05.G13.R31.S115)
S. Local Contribution and timetable
The required local contribution,if any,and anticipated project schedule.
Contribution amount: N/A Due Date: N/A
Anticipated kick-off: Ql-FY2025 Anticipated Duration: 12 months