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R-24-04 05/10/2004RESOLUTION R A RESOLUTION ENTERING INTO A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS WHEREAS, the amount of revenue the Village of Lemont receives from certain sources is dependent upon its certified population; and WHEREAS, the Village believes that its population has grown since the last census; and WHEREAS, the Village believes that a limited special census would show the population to be 15,000 or more; and WHEREAS, in order to conduct a special census, it is necessary to enter into an agreement with the Department of Commerce Bureau of the Census, a copy of which is attached hereto as Exhibit A; NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND MEMBERS OF THE BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK , WILL & DU PAGE COUNTIES, ILLINOIS that: Section 1: Incorporation of Recitals: The foregoing recitals are hereby expressly incorporated into and made a part of this Resolution as if fully set forth herein. Section 2: The Mayor and Village Clerk are authorized to execute the Memorandum of Understanding with the U.S. Census Bureau attached hereto as Exhibit "A ". Section 3: Effective Date: This Resolution shall become effective upon passage, approval and publication, in Book and Pamphlet form as provided by law. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COOK, WILL AND DU PAGE COUNTIES ILLINOIS on this iG iz' Day of Icta4,, , 2004 AYES NAYS PASSED ABSENT Debby Blatzer Peter Coules Brian Reaves Steven Rosendahl Ronald Stapleton Jeanette Virgilio Attest: v v v v JOH ' F. PIA Z , Village 'r sident A ENE SMOLLEN, Village Clerk March 12, 2004 Village of Lemont Attn: Mr. Tim Schloneger 418 Main Street Lemont, IL 60439 Dear Mr. Schloneger: UNITED STATES DEPARTMENT OF COMMERCE Economics and Statistics Administration U.S. Census Bureau Washington, DC 20233-0001 This will acknowledge receipt of your check in the amount of $200 for a cost estimate for a partial special census of the Village of Lemont, Illinois. The estimated total cost of the partial special census of the Village of Lemont, Illinois, based on your population estimate of 4,772, is $92,833. Of this amount, $65,564 is paid to the Census Bureau in advance, and $27,269 is held by the village 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 are 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 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 $65,564, 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 Earlier you provided to us a list of the tracts and blocks you want included in your special census. We are including a Census 2000 block map that has these areas outlined, along with an associated tract and block list of those same areas. This will allow you to clearly see your Special Census area on a census map and ensure that we clearly understand the area you want enumerated. Please contact Mike Stump or Tim Olson in the Office of Special Censuses, at (301) 763 -1429, within two weeks after receiving this package, to verify the accuracy of the USCENSUSBUREAU Helping You Make Informed Decisions www.census.gov 2 defined special census area or advise us of needed changes. If changes are required, this should happen before you sign the MOU and begin the special census process because it may alter your cost estimate. Approximately 2 -3 weeks after receipt of your payment and return of a signed MOU, you will receive another set of census maps for your jurisdiction with specific instructions for updating these maps to show the current corporate boundaries. It is extremely important that you review these maps and delineate the current boundaries of your jurisdiction and return them within one week. We will require ordinances and plats for areas you have annexed, which are not shown on the maps sent to you, and documentation for any other changes /corrections you make to your corporate boundaries. The earlier map showing the area containing the tracts and blocks you want included in the partial special census will be used in conjunction with the map showing your corporate boundaries to prepare all of the maps and other geographic files required for your special census. All questions regarding the corporate limits and the specific tracts and blocks to be included in the partial special census 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 mapping updates from you are returned within the requested time frame and that the list of tracts and blocks to be included in your special census, as identified on the enclosed map, are accurate and verified by you before signing the MOU. Although we cannot guarantee a specific date for receipt of the final data, we will make every effort to deliver the data as soon as possible after completion of the enumeration. If you require the data by a specific date, please inform us of that date when you return the signed agreements. Please note that the Census Bureau will provide the data to any Federal, state, or local official, or other individual upon receipt 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. Sincerely, Brian Monaghan Chief, Field Division Bureau of the Census Enclosures 1 1 MEMORANDUM OF UNDERSTANDING NO. VILLAGE OF LEMONT, ILLINOIS 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 Village of Lemont, Cook County, 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: (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, 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 worker's compensation and continuation of pay, is estimated to be $27,269. 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 perforated 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 4,772, the estimated cost for these services is $65,564. 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: 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: 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 are reported to the Census Bureau for processing by April 1 of the estimates year, and 4) fulat 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. 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 altemate resolution of the dispute. FOR THE GOVERNMENTAL UNIT FOR THE CENSUS BUREAU Brian Monaghan DATE: Chief, Field Division Bureau of the Census