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HomeMy WebLinkAboutRESOLUTION - 59-13 - 11/19/2013 - AGREEMENT III OFFICE OF COMPTROLLER RESOLUTION NO. 59-13 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AMENDMENT NUMBER ONE AND AMENDMENT NUMBER TWO TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign the attached documents marked: AMENDMENT NUMBER ONE TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF ELK GROVE VILLAGE AND AMENDMENT NUMBER TWO TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF ELK GROVE VILLAGE copies of which are attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said documents upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this 19th day of November 2013. APPROVED this 19th day of November 2013. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Judith M. Keegan, Village Clerk Local DeblRecoveryAmendmenl AMENDMENT NUMBER ONE TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF ELK GROVE VILLAGE The parties hereby agree to amend the Intergovernmental Agreement (hereinafter, "the Agreement") between the Illinois Office of the Comptroller and the Village of Elk Grove Village, (hereinafter referred to as the "local unit"), effective upon execution, as follows: Article III, Section A, Subsection 3, Part (b) is amended by deleting that Part and replacing it with the following: (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)(4)(b) of this Agreement. Article III, Section A is amended by inserting the following as a new subsection four: 4. 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. s (b) No debt which is more than 7 years past the date of final determination may be placed or may remain on the System. Article 111, Section B is amended by adding the following as the last sentence in the paragraph titled "Operational Requirements The chief officer will assume the responsibility of providing updates to the debtor records t on file with IOC in order to ensure an equitable resolution of the debts owed to the local unit. Article III, Section B, Subsection 2 is amended by deleting that subsection and replacing it with the following: 2. Fee. A fee shall be charged to the debtor in order to recover the cost to IOC for administrating the System. The fee shall be per payment transaction and shall be $15, unless the payment is for an amount less than $30, in which case the fee shall be equal to the amount offset. The fee will be deducted from the payment to be offset prior to issuance to the local unit. Article III, Section B, Subsection 7 is amended by deleting that subsection and replacing it with the following: 7. Debt Priorities (a) If a debtor has more than one local unit debt, the debt with the oldest date of delinquency shall be offset first. (b) Any debt that is less than or equal to $9.99 which is placed or-remains on the System will not be offset and will not be paid to the local unit until such time as the balance owed to the local unit by the debtor exceeds $9.99. All other terms and conditions of the Agreement thereto shall remain in full force and effect. This amendment contains all of the revised terms and conditions agreed upon by the named parties. IN WITNESS WHEREOF, the Illinois Office of the Comptroller and the Village of Elk Grove Village by the following officials sign their names and agree to the terms and conditions of the above referenced amendments. ILLINOIS OFFICE OF THE COMPTROLLER By: Date: Name: Judy Baar Topinka Title: Comptroller VILLAGE OF ELK GROVE VILLAGE BY: Craig B Johnson Date: November 19, 2013 Name: Craig B. Johnson Title: Mayor AMENDMENT NUMBER TWO TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS OFFICE OF THE COMPTROLLER AND THE VILLAGE OF ELK GROVE VILLAGE The parties hereby agree to amend the Intergovernmental Agreement (hereinafter, "the Agreement') between the Illinois Office of the Comptroller and the Village of Elk Grove Village, (hereinafter referred to as the "local unit'), effective upon execution, as follows: Article III, Section A, Subsection 1 is amended by inserting the following new Parts (c) and(d): (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. Article 111, Section A, Subsection 2, Part (a) is amended by deleting that Part and replacing it with the following. (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. Article 111, Section A, Subsection 2, Part (d) is amended by deleting that Part and replacing it with the following: (d) This delegation of authority shall be made on either electronic or paper based forms provided by the Comptroller. Article III, Section A, Subsection 2 is amended by inserting the following new Part (0. (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. Article 111, Section A is amended by inserting the following new Subsection 5 at the end of the Section: 5. Notification of Change in the Chief Officer 1 (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. The Article III, Section B header is amended by deleting that header and replacing it with the following. B. Operational Requirements Article III, Section B, Subsection 1 is amended by deleting that subsection and replacing it with the following: I. 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. Article 111, Section B, Subsection 2 is amended by deleting that subsection and replacing it with the following: 2. Pee. 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. Article III, Section B, Subsection 4 is amended by deleting that subsection and replacing it with the following. 4. TOC 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 2 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. Article III, Section B, Subsection 7 is amended by deleting that subsection and replacing it with the following: 7. Debt Priorities. If a debtor has more than one local unit debt, the debt with the oldest date of entry on the System shall be offset first. Article III, Section B, Subsection 10 is amended by deleting that subsection and replacing it with the following: 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. Article III, Section B, is amended by inserting the following new Subsection 11 at the end of that Section: 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. All other terms and conditions of the Agreement thereto shall remain in full force and effect. This amendment contains all of the revised terms and conditions agreed upon by the named parties. [Signatures Page Follows] 3 IN WITNESS WHEREOF, the Illinois Office of the Comptroller and the Village of Elk Grove Village by the following officials sign their names and agree to the terns and conditions of the above referenced amendments. ILLINOIS OFFICE OF THE COMPTROLLER By: Date: Name: Judy Baar'Topinka Title: Comptroller VILLAGE OF ELK GROVE VILLAGE BY: Craig B. Johnson Date: November 19. 2013 Name: Craig B. Johnson Title: Mayor 4