14-22 Resolution No. 14-22
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH THE ILLINOIS OFFICE OF THE COMPTROLLER REGARDING ACCESS
TO THE COMPTROLLER'S LOCAL DEBT RECOVERY PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Sean R. Stegall, City Manager, be and is hereby authorized and directed to execute an
Intergovernmental Agreement with the Illinois Office of the Comptroller on behalf of the City of
Elgin regarding access to the comptroller's local debt recovery program, a copy of which is
attached hereto and made a part hereof by reference.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: February 26, 2014
Adopted: February 26, 2014
Omnibus Vote: Yeas: 8 Nays: 0
Attest:
s/Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
BY AND BETWEEN
THE ILLINOIS OFFICE OF THE COMPTROLLER
AND
THE CITY OF ELGIN,ILLINOIS
REGARDING ACCESS TO THE COMPTROLLER'S LOCAL DEBT RECOVERY
PROGRAM
This Intergovernmental Agreement("the Agreement") is hereby made and entered into as
of the date of execution by and between the Illinois Office of the Comptroller(hereinafter
"IOC") and the City of Elgin, an Illinois municipal corporation, (hereinafter"the local unit"), in
order to provide the named local unit access to the Local Debt Recovery Program for purposes of
collecting both tax and nontax debts owed to the named local unit. Each of the parties hereto is a
"public agency" as defined in Section 2 of the Intergovernmental Cooperation Act [5 ILCS
220/2].
WHEREAS,both the State of Illinois and the local unit have a responsibility to collect
debts owed to its respective public bodies;
WHEREAS,IOC operates a system,known as the Comptroller's Offset System
(hereinafter, "the System"), for collection of debt owed the State by persons receiving
payments from the State;
WHEREAS,the Illinois General Assembly specifically provided for the ability of the
local unit to utilize the System when it amended Section 10.05 and added Section 10.05d
to the State Comptroller Act [P.A. 97-632; 15 ILCS 405/10.05 and 10.0Sd];
WHEREAS, IOC and the local unit are empowered under the Illinois Constitution [Ill.
Const., Art. VII, Sec. 10], Section 3 of the Intergovernmental Cooperation Act [5 ILCS
220/3], and Section 10.05d of the State Comptroller Act(hereinafter, "the Act") [15 ILCS
405/10.05d] to contract with each other in any manner not prohibited by law;
NOW THEREFORE, in consideration of the foregoing recitals and the mutual
covenants and promises contained herein,the sufficiency of which is hereby
acknowledged, the parties do hereby agree as follows:
Article I—Purpose
The purpose of the Agreement between the IOC and the local unit is to establish the
terms and conditions for the offset of the State's tax and nontax payments in order to
collect tax and nontax debts owed to the local unit.
Article II—Authority
The authority for State payment offset is granted under Section 10.05 of the Act[15 ILCS
405/10.05] and the authority for entering into this Agreement is granted under Section
10.05d of the Act[15 ILCS 405/10.05d], Section 3 of the Intergovernmental Cooperation
Act [5 ILCS 220/3], and Article VII of the Illinois Constitution [Ill. Const., Art. VII, Sec.
10].
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Article III—State Payment Offset Requirements and Operations
A. Legal Requirements. The offset of State payments shall be conducted pursuant to
the authority granted in Section 10.05 and 10.05d of the Act [15 ILCS 405/10.05
and 10.05d] and the requirements set forth in this Agreement.
1. Definition of"Debt"
(a) For purposes of this Agreement, debt shall mean any monies owed
to the local unit which is less than 7 years past the date of
final determination, as confirmed by the local unit in Article
III(A)(2)(a)(viii) of this Agreement.
(b) No debt which is more than 7 years past the date of final
determination may be placed or may remain on the System.
(c) No debt which has resulted in the issuance of a warrant for the
arrest of the debtor may be placed or remain on the System so long
as that warrant for arrest is active.
(d) No debt which has resulted in the attachment of a lien on any
personal property or other personal interest of the debtor shall be
placed or remain on the System so long as that lien is attached to
that property or interest.
2. Due Process &Notification
(a) Before submitting a debt to IOC for State payment offset, the local
unit must comply with all of the notification requirements of this
Agreement. For purposes of this Agreement,notification of an
account or claim eligible to be offset shall occur when the local
unit submits to IOC the following information:
(i) the name and address and/or another unique identifier of
the person against whom the claim exists;
(ii) the amount of the claim then due and payable to the local
unit;
(iii) the reason why there is an amount due to the local unit(i.e.,
tax liability, overpayment, etc.);
(iv) the time period to which the claim is attributable;
(v) the local entity to which the debt is owed;
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(vi) a description of the type of notification has been given to
the person against whom the claim exists and the type of
opportunity to be heard afforded to such a person;
(vii) a statement as to the outcome of any hearings or other
proceedings held to establish the debt, or a statement that
no hearing was requested; and,
(viii) the date of final determination of the debt.
(b) IOC will not process a claim under the Agreement until
notification has been received from the local unit that the debt has
been established through notice and opportunity to be heard.
(c) The local unit is required to provide the debtor with information
about a procedure to challenge the existence, amount, and current
collectability of the debt prior to the submission of a claim to IOC
for entry into the System. The decision resulting from the
utilization of this procedure must be reviewable.
3. Certification
(a) The chief officer of the local unit shall, at the time the debt is
referred, certify that the debt is past due and legally enforceable in
the amount stated, and that there is no legal bar to collection by
State payment offset.
(b) Only debts finally determined as currently due and payable to the
local unit may be certified to IOC as a claim for offset.
(c) The chief officer of the local unit may delegate to a responsible
person or persons the authority to execute the statement of the
claim required by the Agreement.
(d) This delegation of authority shall be made on either electronic or
paper based forms provided by the Comptroller.
(e) For purposes of this Agreement, "chief officer of the local unit"
means the City Manager.
(f) The chief officer hereby acknowledges and agrees that he/she will
ensure that the login information into any electronic system
provided by the Office of the Comptroller will remain confidential,
that only active employees of the local unit may be granted the
delegation of authority provided for in Part(c) of this Subsection,
and that under no circumstances is a vendor, agent, consultant,
collector or any other third-party representative of the local unit
authorized to submit or certify debt to IOC on behalf of the local
unit.
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4. Notification of Change in Status
(a) The chief officer must notify IOC as soon as possible,but in no
case later than 30 days, after receiving notice of a change in the
status of an offset claim.
(b) A change in status may include,but is not limited to,payments
received other than through a successful offset,the filing of a
bankruptcy petition, the death of the debtor, or the expiration of the
ability for the debt to remain on the System, as provided for in
Article III(A)(1)(b)of this Agreement.
5. Notification of Change in the Chief Officer
(a) The local unit shall be responsible for notifying IOC as soon as is
practicable in the event the chief officer named in the Agreement is
no longer an officer or employee of the local unit or is otherwise
unable to perform the certification process provided for in
Subsection 3 of this Section.
(b) Upon obtaining knowledge that the chief officer is no longer an
officer or employee of the local unit or is otherwise unable to
perform the certification process provided for in Subsection 3 of
this Section, whether through notification by the local unit or by
any other means, IOC shall suspend the authority for the chief
officer and any of his or her designees to certify debt to IOC.
(c) The local unit shall be responsible for updating records with IOC
in the event of a change in the chief officer in order to reestablish
certification authority and resume collection by State payment
offset.
B. Operational Requirements
1. Technical Requirements. IOC agrees to work with the local unit to
facilitate information and data procedures as provided for in this
Agreement. The local unit agrees to adhere to the standards and practices
of IOC when transmitting and receiving data. The chief officer shall
assume the responsibility of providing updates to the debtor records on file
with IOC in order to ensure an equitable resolution of the debts owed to
the local unit.
2. Fee. A fee may be charged to the debtor and shall be no more than$20
per payment transaction. The fee will be deducted from the payment to be
offset prior to issuance to the local unit.
3. Offset Notices. IOC will send offset notices to the debtor upon processing
a claim under the Act and this Agreement. The notice will state that a
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request has been made to make an offset against a payment due to the
debtor, identify the local unit as the entity submitting the request,provide
the debtor with a phone number made available pursuant to Article III
(B)(6)of this Agreement, and inform the debtor that they may formally
protest the offset within sixty(60) days of the written notice.
4. IOC Protest Process. If a protest is received,IOC will determine the
amount due and payable to the local unit. This determination will be made
by a Hearing Officer and will be made in light of all information relating
to the transaction in the possession of IOC and any other information IOC
may request and obtain from the local unit and the debtor subject to the
offset. If IOC requests information from the local unit relating to the
offset, the local unit will respond within sixty(60) days of IOC's request.
IOC may grant the local unit an additional sixty(60)day extension for
time to respond. The local unit shall complete an adjudication review with
IOC in order to evaluate the local unit and the protest process prior to the
offset of any State payments.
5. IOC Hearing Officer. The local unit hereby agrees to provide the Hearing
Officer with any information requested in an efficient and timely manner
in order to facilitate the prompt resolution to protests filed as a result of
this Agreement. For purposes of this Agreement, any decision rendered
by the Hearing Officer shall be binding on the local unit and shall be the
final determination on the matter. The Hearing Officer may continue the
review of a protest at his/her discretion in order to assure an equitable
resolution.
6. Local Unit Call Center. The local unit hereby agrees to provide a working
phone number which IOC will furnish to persons offset under this
Agreement. The local unit shall ensure that the phone number is properly
staffed in order to provide information about the debt the local unit is
offsetting under this Agreement. The phone number for purposes of this
Section and the Agreement is: 847.289.2664.
7. Debt Priorities. If a debtor has more than one local unit debt, the debt
with the oldest date ofentry on the System shall be offset first.
8. Transfer of Payment. Transfer of payment by IOC to the local unit shall
be made in the form of electronic funds transfer(EFT). Nothing in this
section or this Agreement shall limit the ability of either party to modify
this Agreement at a later date in order to provide for an alternative
method(s)of payment transfer.
9. IOC Refunds. If IOC determines that a payment is erroneous or otherwise
not due to the local unit, IOC will process a refund of the offset, and
refund the amount offset to the debtor. In the event the refund results in
only a partial refund to the debtor, IOC will retain the fee referenced in
Article III, Paragraph B, Section 2 above. The fee will only be refunded
to the debtor in the event of a full refund of the offset amount.
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10. Local Unit Refunds. The local unit is responsible for refunding monies to
the debtor, including any and all administrative fees collected by IOC, if
an offset occurred due to inaccurate debt information or over collection,
and the local unit has already received payment from IOC. IOC will only
refund monies in the event that a payment has not yet been made to the
local unit.
11. Third-Party Matching Services. IOC may utilize the services of a third-
party vendor to assist in the identification of individual debtors. The local
unit shall review and add any valid matches which result from the
assistance of the third-party vendor within 30 days of receipt of the
updated records. If the local unit is unable to add the valid matches within
30 days of receipt of the updated records,the chief officer must notify IOC
as to the reason the local unit is not able to add the records in addition to a
time frame for adding the records in the future.
Article IV—Permissible Use of Information
IOC acknowledges that the local unit is providing sensitive information about local debts
for the purpose of conducting offsets under the Agreement. As such,IOC will use the
information solely in connection with the Local Debt Recovery Program. IOC shall
safeguard the local information in the same manner as it protects State debt information.
The local unit acknowledges that IOC is providing sensitive information about State
payments for the purpose of conducting offsets under the Agreement. As such,the local
unit will use the information solely in connection with the Local Debt Recovery Program.
The local unit shall safeguard State information in the same manner as it protects local
debt information.
The parties may use information in any litigation involving the parties, when such
information is relevant to the litigation.
Article V—Term of the Agreement and Modifications
The Agreement becomes effective as of the Effective Date and shall remain in effect until
it is terminated by one of the parties. Either party may terminate this Agreement by
giving the other party written notice at least thirty(30)days prior to the effective date of
the termination. Any modifications to the Agreement shall be in writing and signed by
both parties.
Article VI—No Liability to Other Parties
Except for the fees described in Article III,paragraph B, Section 2 above, each party shall
be responsible for its own costs incurred in connection with the Agreement. Each party
shall be responsible for resolving and reconciling its own errors, but shall not be liable to
any other parties for damages of any kind as a result of errors. Each party shall be liable
for the acts and omissions of its own employees and agents. The Agreement does not
confer any rights or benefits on any third party.
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,
Article VII—Issue Resolution
The parties acknowledge that IOC is ultimately responsible for the development, design
and operation of the System. Subject to that understanding, the parties agree to work
cooperatively to resolve any matters that arise during the development, design and
implementation of the program. If an issue cannot be resolved informally by mutual
agreement of staff personnel, then the parties agree to elevate the issue to a senior level
manager for resolution of the issue. For purposes of the Agreement,the "senior level
managers" are:
1. IOC: Ray Marchiori,Director—Department of Government and Community
Affairs
2. Local Unit: Colleen Lavery, Chief Financial Officer, City of Elgin, 150 Dexter
Court, Elgin,IL 60120; 847.931.5636
Article VIII—Contacts
The points of contacts for this Agreement are:
IOC: Alissa Camp, General Counsel
Illinois Office of the Comptroller
325 West Adams
Springfield,Illinois 62704
Phone: 217/782-6000
Fax: 217/782-2112
E-mail: CampAJ @mail.ioc.state.il.us
Local Unit: William A. Cogley
Corporation Counsel and Chief Development Officer
City of Elgin
150 Dexter Court
Elgin, IL 60120-5555
847.931.5656
Email: cogley_w @cityofelgin.org
Article IX—Acceptance of Terms and Commitment
The signing of this document by authorized officials forms a binding commitment
between IOC and the City of Elgin. The parties are obligated to perform in accordance
with the terms and conditions of this document, any properly executed modification,
addition, or amendment thereto, any attachment, appendix, addendum, or supplemental
thereto, and any documents and requirements incorporated by reference.
By their signing, the signatories represent and certify that they possess the authority to
bind their respective organizations to the terms of this document, and hereby do so.
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IN WITNESS WHEREOF, the Illinois Office of the Comptroller and the City of Elgin
here by the following officials sign their names to enter into this agreement.
ILLINOIS OFFICE OF THE COMPTROLLER
By: Date:
Name: Judy Baar Topinka
Title: Comptroller
CITY OF ELGIN,
AN ILLINOIS MUNICIPAL CORPORATION
By: ,i,,ifailteir.(/ Date: February 26, 2014
Name: SEAN R. STEGALL, CITY MANAGER
Title: eI/ ( "frI
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