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INTERGOVERNMENTAL AGREEMENT <br /> BY AND BETWEEN <br /> THE ILLINOIS OFFICE OF THE COMPTROLLER <br /> AND <br /> THE CITY OF DECATUR,ILLINOIS <br /> REGARDING ACCESS TO THE COMPTROLLER'S LOCAL DEBT RECOVERY <br /> PROGRAM <br /> This Intergovernmental Agreement("the Agreement") is hereby made and entered into as <br /> of the date of execution by and between the Illinois Office of the Comptroller(hereinafter"IOC") <br /> and the City of Decatur, Illinois (hereinafter"the local unit"), in order to provide the named local <br /> unit access to the Local Debt Recovery Program for purposes of collecting both tax and nontax <br /> debts owed to the named local unit. Each of the parties hereto is a"public agency" as defined in <br /> Section 2 of the Intergovernmental Cooperation Act [5 ILCS 220/2]. <br /> WHEREAS, both the State of Illinois and the local unit have a responsibility to collect <br /> debts owed to its respective public bodies; <br /> WHEREAS, IOC operates a system, known as the Comptroller's Offset System <br /> (hereinafter, "the System"), for collection of debt owed the State by persons receiving <br /> payments from the State; <br /> WHEREAS,the Illinois General Assembly specifically provided for the ability of the local <br /> unit to utilize the System when it amended Section 10.05 and added Section 10.05d to the <br /> State Comptroller Act [P.A. 97-632; 15 ILCS 405/10.05 and 10.05d]; <br /> WHEREAS, IOC and the local unit are empowered under the Illinois Constitution [Ill. <br /> Const., Art. VII, Sec. 10], Section 3 of the Intergovernmental Cooperation Act [5 ILCS <br /> 220/3], and Section 10.05d of the State Comptroller Act (hereinafter, "the Act") [15 ILCS <br /> 405/10.05d] to contract with each other in any manner not prohibited by law; <br /> NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants <br /> and promises contained herein, the sufficiency of which is hereby acknowledged, the <br /> parties do hereby agree as follows: <br /> Article I—Purpose <br /> The purpose of the Agreement between the IOC and the local unit is to establish the terms <br /> and conditions for the offset of the State's tax and nontax payments in order to collect tax <br /> and nontax debts owed to the local unit. <br /> Article II—Authority <br /> The authority for State payment offset is granted under Section 10.05 of the Act [15 ILCS <br /> 405/10.05] and the authority for entering into this Agreement is granted under Section <br /> 10.05d of the Act [15 ILCS 405/10.05d], Section 3 of the Intergovernmental Cooperation <br /> Act [5 ILCS 220/3], and Article VII of the Illinois Constitution [Ill. Const., Art. VII, Sec. <br /> 10]. <br /> 1 <br />