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2014-10RESOLUTION NO. 2014 - 10 N440 11111"1141 • e • • •• - r • •r' •► • • LOCAL • WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Public Act 97 -0632 established the "Local Debt Recovery Program" to allow units of government to collect outstanding debt in coordination with the Illinois Comptroller's Office; and WHEREAS, the Village must execute and Intergovernmental Agreement with the Comptroller's Office to participate in the Program; and WHEREAS, it is in the best interest of the Village to use the Local Debt Recovery Program as a tool to ensure efficient and effective collection of amounts owed to the Village. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. The President and Board of Trustees of the Village of Buffalo Grove support an Agreement with the Illinois Office of the Comptroller. Section 2. The Village President of the Village of Buffalo Grove is hereby authorized to execute the Agreement, a copy of which is attached. Section 3. This Resolution shall be in full force and effect from and after its passage and approval. AYES: 6 — Berman; Trilline. Sussman, Terson, Stein, Ottenheimer NAYS: 0 - None ABSENT: 0 - None ABSTAIN: 0 - None PASSED: February 24, 2014 APPROVED: February 24, 2014 Attest: Village Clerk Article I — Purpose The purpose of the Agreement between the IOC and the local unit is to establish the iinni ini conditions for the offset of the State's tax and nontax Oavments in order to Article 11 — Authority The authority for State payment offset is granted under Section 10.05 of the Act [15 ILCS 405/10.051 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 [111. Const., Art. VII, Sec. 101. 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. (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. It Kim (c) No debt which has resulted in the issuance of a warrant for the arrest ♦ the debtor may be placed or remain on the System so torn as that warrant for arrest is active. a (d) • 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.); M'MMM"!IIZIIMMMM= (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; 2 (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, (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. (e) For purposes of this Agreement, "chief officer of the local unit" means Finance Director. 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 • a change in the status • 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 • the debtor, • the expiration • the ability for the debt to remain on the System, as provided for in Article III(A)(1)(b) • this Agreement. 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 • 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. (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. 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 • offset prior to issuance to the local unit. protest the offset within sixty (60) days of the written notice. 7. Debt Priorities. If a debtor has more than one local unit debt, the debt with the oldest date of entry • the System shall be offset first. 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 M4?-M-XF";* this Agreement at a later date in order to provide for an alternative method(s) of payment transfer. an offset occurred due to inaccurate debt information or over collection, and the local unit has already received payment from 10C. IOC will only refund monies in the event that a payment has not yet been made to the local unit. Article IV — Permissible Use of Information VITO 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. en1*eCOMCS ICULITC, UN V1 I it is ten-ninated by one of the parties. Either party may terminate this Agreement by the termination. Any modifications to the Agreement shall be in writing and signed by both parties. "Q rATIA 1 M rIff = IMMI PT M IOC: Ray Marchiori, Director — Department of Government and Community Affairs Article V111 — Contacts MMMM�� 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: Scott D. Anderson, Finance Director Village of Buffalo Grove 50 Raupp Blvd. 214� Phone: 847-459-2509 Fax: 847-459-0332 Email: sandersongyba.org Article IX — Acceptance of Terms and Commitment bind their respective organizations to the terms of this document, and hereby do so. 0 By: 0 Date: Name: i uy- a r Topinka -------- ----- By: Date- Z- / / I-k Name: Jdfrev-M Mahban ussmumic= m