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CITY OF WEST CHICAGO
PUBLIC AFFAIRS COMMITTEE
AGENDA ITEM SUMMARY
ITEM TITLE: Resolution No. 22-R-0042 and Ordinance No. 22-O-
0023 AGENDA ITEM NUMBER: _‘t. 4. « 8.
A Resolution approving an Agreement with Linnebarger FILE NUMBER:
Googan Blair & Sampson, LLP for the Collection of Certain
Debts Owed to the City COMMITTEE AGENDA DATE: 07/25/2022
COUNCIL AGENDA DATE: 08/01/2022
STAFF REVIEW: Colin Fleury, Chief of Police SIGNATURE
APPROVED BY CITY ADMINISTRATOR: Michael Guttman
SIGNATURE
To best recover City debts, delinquent fees, permit payments, application fees, business, and liquor licenses, including renewals, and,
other debts or fees due and owing to the City, the Police Department staff recommend using a professional debt collection agency.
While researching the availability of such agencies, the Department staff discovered the services of Linebarger Googan Blair &
Sampson, LLP, 233 South Wacker Drive, Suite 4030, Chicago, IL 60606. This Firm is used by several neighboring communities
and specializes in collecting debt related to past due fines, fees, citations, penalties, and cost assessments relating to parking,
compliance, and/or red-light violations owed to Municipalities. The Firm charges an administrative fee of 19.75% of the total
amount actually collected by the Firm on all accounts referred to it by the City. This appears to be a common fee structure and
amount.
The companion Ordinance allows the City to recover the debt collector’s fees and staff time associated with debt collection, so that
he City is whole with regards to the debt amounts collected.
The City Attorney prepared the Ordinance and reviewed the Agreement with the debt collection firm, and his changes were
incorporated into the latter.
See Exhibit A — Professional Services Contract for Collection of Delinquent Accounts.
ACTIONS PROPOSED:
Staff recommends approval of Resolution No. 22-R-0042 and adoption of Ordinance No. 22-O0-0023
COMMITTEE RECOMMENDATION:

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RESOLUTION NO. 22-R-0042
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CERTAIN
AGREEMENT WITH LINENBARGER GOOGAN BLAIR & SAMPSON, LLP
BE IT RESOLVED by the City Council of the City of West Chicago, in
regular session assembled, that the Mayor is hereby authorized to execute and the City
Clerk is authorized to attest certain Agreement with Linnebarger Googan Blair &
Sampson, LLP, a copy of which is attached hereto as Exhibit “A.”
APPROVED this 1* day of August 2022.
AYES:
NAYES:
ABSTAIN:
ABSENT:
Mayor Ruben Pineda
ATTEST:
Deputy City Clerk Valeria Perez
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PROFESSIONAL SERVICES CONTRACT.
FOR COLLECTION OF DELINQUENT ACCOUNTS
THIS CONTRACT is made and entered into effective this day of June , 2022 by and between
the CITY OF WEST CHICAGO, 475 Main Street, West Chicago, IL 60185 a body politic and
corporate, hereinafter “West Chicago” or the “Municipality”, and LINEBARGER GOGGAN
BLAIR & SAMPSON, LLP, 233 South Wacker Drive, Suite 4030, Chicago, IL 60606, an Illinois
limited liability partnership, hereinafter the “Firm.” This contract creates an attorney-client
relationship between CITY OF WEST CHICAGO and the Firm.
I. General Scope of Services
CITY OF WEST CHICAGO agrees to employ and does hereby employ the Firm for the collection
of delinquent accounts receivable as more specifically described below pursuant to the terms and
conditions described in this contract for Debt Collection Services. This contract supersedes all
prior oral and written agreements between the parties, and can only be amended if done so in
writing and signed by all parties. This contract cannot be transferred or assigned by either party
without the written consent of all parties.
Upon execution and approval of this contract, CITY OF WEST CHICAGO agrees, at its discretion,
to refer to the Firm for collection as provided herein, fees, fines, citations and other delinquent
accounts or charges owed to the Municipality as may be determined by the Municipality, including
but not limited to:
1) past due fines, citations, penalties and cost assessments relating to parking,
compliance and/or red-light violations or violations of other Municipality vehicle
ownership, compliance or operation related provisions of the Code of Ordinances,
CITY OF WEST CHICAGO, Illinois, hereafter the “Code”;
2) past due ambulance fees;
3) past due water, sewer and municipal waste related fees, charges and penalties;
4) past due alarm fees, charges and penalties.
If mutually agreed by the parties, the Municipality may refer and the Firm may pursue collection
of:
5) other past due fees, taxes, fines, penalties, citations and cost assessments relating
to or arising out of any other provisions of the Code;
6) the existing backlog of other delinquencies for unpaid Municipality fees, taxes,
fines, penalties, citations, cost assessments, services, utilities, licenses, permits,
fees or other delinquencies or debts of any kind owed to the Municipality;
7) any other amounts owed or that may come to be owed to the Municipality that the
Municipality, in its discretion, may refer to the Firm for collection or enforcement.
The collection process shall incorporate both the preparation and mailing of demand letters to
delinquent account holders whose demographic information has been verified by the Firm, and a
concurrent telephone collection campaign, in a format and frequency to be agreed upon by the
parties. CITY OF WEST CHICAGO will use its best efforts to forward accounts to the Firm for
collection in a prompt and timely manner. The Firm will work with CITY OF WEST CHICAGO
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to facilitate the referral of any other receivables on a time frame to be agreed upon by the parties
should the parties agree to move forward with such delinquencies. With respect to all categories
of delinquencies subject to this contract, CITY OF WEST CHICAGO will provide the Firm with
copies of, or access to, the information, backup data and underlying documentation necessary to
effectuate the services that are subject to this contract, which information will be used solely and
exclusively for the collection contemplated herein.
The Firm will initiate standard accepted debt collection procedures within 10 days from the date
the account is assigned to the Firm for collection, and after all information in the Municipality’s
possession at the time of referral is provided, including name, address, type of account, unpaid
balance, date of birth and driver’s license (if on file with the Municipality), phone numbers,
account number and account start and stop dates. The Firm will provide confirmation of all
accounts entered into its collection system to the Municipality Collector, or such other person as
may be designated by the Municipality, within ten (10) days after receipt of the information
referenced in this paragraph.
CITY OF WEST CHICAGO may recall any transferred account at any time and for any reason
upon notice to the Firm, at which point all collection activity will immediately cease, and the
account will be returned to the Municipality along with a returned account report. The Firm shall
not receive any fees for accounts recalled by the Municipality where no collection has occurred.
The Firm will maintain at all times over the life of this Contract, all necessary professional
licenses and registrations required to legally perform the duties and obligations required by this
Contract.
The Firm will maintain an appropriate disaster recovery plan to protect the Municipality’s
receivables and the confidentiality of the information contained therein.
The Firm’s project team will work with the designated Municipality representatives to discuss
implementation, electronic and written communications protocols and data transfer requirements,
and will develop the necessary database and programming interfaces at no cost to CITY OF WEST
CHICAGO. Should CITY OF WEST CHICAGO require additional or new computer hardware
or software in order for it to perform its obligations under this contract, the Firm agrees to provide
any necessary information to the Municipality with respect to the technical specifications of such
purchase, but all costs associated with such purchase and related installation and integration shall
be the sole obligation and expense of CITY OF WEST CHICAGO, unless a separate agreement
and fee structure shall be negotiated and agreed to in writing by both parties hereto.
Over the life of this contract, designated attorneys and managers from the Firm’s Chicago office
will be made available for meetings and consultations as reasonably requested by CITY OF WEST
CHICAGO to answer questions, discuss status and strategy, and generally ensure the
Municipality’s needs are being met.
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II. Additional Contractual Services
In conjunction with the collection services set forth above to be provided pursuant to this Contract,
the Firm will provide the following additional services at no additional costs to the Municipality:
A. The Firm will perform its electronic, multi-tiered batch skip-tracing process on
accounts referred to the Firm when an account does not include a phone number, when
a notice is returned as “undeliverable”, or when a Firm collector determines that the
listed name, number and/or address is incorrect.
B. For parking, compliance, red-light or other vehicle related violations in which the
Municipality has cited a license plate, the Municipality will forward the license plate
number, expiration date and vehicle make, and the Firm will perform its skip-tracing
process on such information in an attempt to locate vehicle owner information for
noticing purposes. If ownership information is located, the Firm will mail notices to
the registered owner as required by Municipality ordinance.
C. To expand payment options and ensure that payment is as convenient as possible for
CITY OF WEST CHICAGO’S citizens, the Firm will undertake the following:
1. The Firm will make multiple payment options available including a mobile
device compatible website, and other options to facilitate web-based payments,
mail-in payments, payments via credit card, checks, checks-by-phone, money
orders, and Interactive Voice Response (IVR) payments. All costs and fees
associated with these payment methods shall be the responsibility of the Firm,
and shall not be charged to the Municipality or to delinquent account holders.
2. The Firm will develop, with the advice and input of designated Municipality
representatives, the terms and parameters of installment payment plans to be
available upon request to delinquent account holders, including required down
payment amounts, plan lengths, and, if desired, terms relating to the
establishment of hardship plans for individuals meeting requirements to be
determined by the Municipality, such as for veterans or seniors. Upon receipt
of all necessary information regarding the requisite terms, the Firm will
implement, track and enforce the terms of all installment payment plans relating
to CITY OF WEST CHICAGO’S accounts. Unless otherwise authorized by the
Municipality or pursuant to the Code, the Firm will obtain the Municipality’s
written approval for any plan extending beyond one year from the date of its
initiation.
3. The Firm will establish a unique toll free number to be used by CITY OF WEST
CHICAGO delinquent account holders when contacting the Firm regarding an
account referred to the Firm by the Municipality. The Firm’s Chicago call
center will conduct the Municipality’s telephone campaigns and respond to all
delinquent account holder calls relating to the Municipality’s accounts.
4. The Firm will ensure that it has an appropriate number of bi-lingual
representatives on staff in its Chicago call center at all times when the call
center is open to respond to the needs of CITY OF WEST CHICAGO’S
citizens.
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5. To better facilitate the needs of CITY OF WEST CHICAGO citizens, the
Firm’s Chicago call center will be available to accept payments and answer
questions six days a week. The call center will be staffed to place and accept
calls Monday through Friday from 8 a.m. to 6 p.m. (CST), and Saturdays from
8 a.m. to noon (CST), exclusive of holidays.
D. The Firm will provide CITY OF WEST CHICAGO with regular reports reflecting
collection status and other information relating to the Firm’s work and the
Municipality’s receivables in the manner and frequency required to meet the
Municipality’s needs as more fully set forth in Section III below.
E. Where the Firm locates a correct or updated resident address and/or telephone number
for a delinquent account holder living in the CITY OF WEST CHICAGO, if desired,
the Firm will provide such updated information to the Municipality in an agreed upon
format and frequency to ensure that the Municipality has current reliable information
in its system regarding CITY OF WEST CHICAGO residents and delinquent account
holders.
F. The Firm will provide technical support associated with establishing remote, secure,
web-based access to CITY OF WEST CHICAGO’S accounts by Municipality
employees who require access to this information through the Firm’s LGBS View.
This access will allow designated, Municipality staff remote, real-time access from
their own computers to all CITY OF WEST CHICAGO accounts placed with the Firm.
G. The Firm will provide on-going technical support over the life of this Contract, at no
cost to CITY OF WEST CHICAGO, to ensure the security, accuracy and dependability
of all data transfers, storage and other operations, and to ensure the security of the
Firm’s IT systems utilized in connection with the collection, storage and/or transfer of
data relating to accounts referred to the Firm.
II. Contract Administration and Oversight
The Firm will work with designated Municipality staff to develop the appropriate wording, time
frame and sequence of demand letters to be used by the Firm in connection with its collection
activities. All standard, written communications to be used in connection with the Firm’s
collection activities will be sent on official law firm letterhead, and will be pre-approved by the
Municipality.
The Firm will work with designated CITY OF WEST CHICAGO personnel to develop the
format, type and frequency of any other reports desired by the Municipality, and that can
routinely be created using the Firm’s account management systems, and will work with
designated CITY OF WEST CHICAGO personnel to develop the format, type and frequency of
any such reports that may be requested. Those reports may include, upon request, information
reflecting different placement variables, total number of accounts assigned, number recalled,
number and dollar value of accounts still in the Firm’s inventory undergoing active collection
activities.
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The Firm shall use account information provided by CITY OF WEST CHICAGO for the purposes
of account collection only, and shall keep all such information confidential from any third party
without express written authorization from CITY OF WEST CHICAGO. The Firm will ensure
that all collection activities are performed in a professional and respectful manner, in compliance
with all applicable federal, state and local laws and regulations, including applicable consumer
protection, telephone and fair debt collection related statutes.
If an amount is disputed by a delinquent account holder, the Firm shall cease all collection efforts
and promptly refer that dispute to the appropriate Municipality department or agency for its review,
and shall be under no obligation to continue to pursue collection activities regarding such account
until the delinquency at issue is either verified, vacated/discharged or adjusted by the Municipality,
and the results of the Municipality’s review are communicated to the Firm.
Account holders identified as being in bankruptcy, deceased, or deemed indigent or otherwise
unable to pay when the account holder is found shall be returned. Upon return of these accounts,
neither party will have any obligation to the other party with regard to the returned accounts.
IV. Compensation
A. As compensation for all services provided pursuant to this contract (except litigation
services, which are separately listed in paragraph “B” below), CITY OF WEST CHICAGO agrees
to pay to the Firm fees in the amount of 19.75% of the total amount actually collected by the Firm
on all accounts referred to it by the Municipality, which fees shall be managed as follows:
1. With respect to accounts or delinquencies on which fees are not charged to and
collected from delinquent account holders as set forth in paragraph 2 below, the Firm
shall deduct its fees from the gross amount collected each month and shall remit, in the
form and method requested by the Municipality, the remaining net amount to CITY OF
WEST CHICAGO along with a report showing the total amount collected and the total
amount of fees retained by the Firm no later than the 30" day following the end of each
calendar month.
2. Subsequent to the execution of this Contract, should CITY OF WEST CHICAGO
amend its Code to provide that fees shall be charged to and collected from delinquent
account holders, or should CITY OF WEST CHICAGO otherwise instruct the Firm to
charge and collect its fees from delinquent account holders pursuant to authority
provided by Illinois or other applicable law, the Firm will add the fees set forth in this
Section IV onto the underlying gross balance of each applicable account, and collect
such fees directly from the delinquent account holders. The Firm will then retain its
fees from the gross amount collected each month and remit to CITY OF WEST
CHICAGO, in the form and method requested by the Municipality, the remaining net
amount collected along with a report showing the total gross amount collected and the
total amount of fees retained by the Firm no later than the 30" day following the end
of each calendar month.
3. The Firm shall not charge the Municipality or any of its delinquent account holders any
additional costs for credit card fees, convenience fees or processing fees.
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B. If mutually agreed by the Parties, with the input and approval of the Municipality
Corporation Counsel’s office or other designated Municipality representative, the Firm will
develop a limited litigation enforcement program that is intended to improve overall, voluntary
compliance by pursuing the largest personal and commercial delinquencies where information
obtained by the Firm indicates that the delinquent account holder may have the ability to pay.
Should the Municipality desire to have the Firm pursue a litigation enforcement strategy, the
parties will work in good faith to agree upon a reasonable scope for such strategy, such as an
annual campaign to target an agreed upon number of the Municipality’s largest scofflaws, or some
other parameters to be agreed by the Parties.
CITY OF WEST CHICAGO agrees to pay fees in the amount of 30% of the total amount actually
collected in any litigation brought on its behalf by the Firm. The Firm agrees that it will pay costs,
such as filing costs or service fees, associated with bringing any such litigation. However, should
any monies be recovered in connection with any such litigation, either through settlement,
judgment or otherwise, any out of pocket costs advanced by the Firm shall be reimbursed to the
Firm from the amount actually recovered.
V. Term and Termination
The initial term of this contract shall be one (1) year, beginning on the date set forth above, and
continuing to and through the day of , 2023. Following the
expiration of this initial term, and in the event this contract has not been terminated or otherwise
formally extended by mutual agreement of the parties, CITY OF WEST CHICAGO and the Firm
may agree to renew the initial term of the contract for two (2) additional consecutive one (1) year
terms. If not formally extended, following the expiration of the initial term and any extended term
this contract shall automatically continue on a month-to-month basis unless or until terminated as
provided herein. Either party may, with or without cause, terminate this contract at any time for
convenience by giving the other party sixty (60) days written notice of termination.
During the initial term of this contract, either party shall have the right to terminate the same prior
to its expiration based upon a material breach of contract by the other party; provided however,
that the party giving notice of breach shall grant the receiving party a period of twelve (12) days
from the date of written notice, the opportunity to attempt to cure any unsatisfactory breach, act,
omission or condition. Should the party receiving notice be found not to have remedied the
unsatisfactory breach, act, omission or condition to the satisfaction of the party giving notice, the
party giving notice may terminate this Contract.
Unless otherwise mutually agreed by the parties, the effective date of any termination shall be sixty
(60) days from the date the notice of termination is received; said sixty (60) days period being
deemed adequate for the purpose of the Municipality to ensure continuity of services, and for the
Firm in winding down its affairs with regards to work in progress.
Following the initial Term of this agreement, either Party upon Sixty (60) days notice to the other
Party, may cancel this agreement. Payment and the return of City of West Chicago information
shall be handled as provided for herein, under the “winding down” period referred to below.
CITY OF WEST CHICAGO is entitled, but is not required, to refer additional accounts to the Firm
after notice of termination has been received by the Firm to ensure continuity of services. In any
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event, the Firm shall be entitled to payment of its fee, pursuant to Section “IV” of this contract, for
all amounts collected on referred accounts during the sixty (60) day “winding down” period and
until and through the actual date of contract termination if extended by agreement of the parties.
At the end of that period, all accounts shall be returned to CITY OF WEST CHICAGO by the
Firm as required by agreement of the parties or as required by law.
VI. Notice
For purposes of sending notice under the terms of this contract, all notices to be sent by one party
to the other under this contract shall be sent by certified United States mail, or delivered by hand
or by courier, and addressed as follows:
If to the Firm:
Linebarger Goggan Blair & Sampson, LLP
Attention: Catherine A. Murray, Managing Partner
233 South Wacker Drive
Suite 4030
Chicago, IL 60606
If to CITY OF WEST CHICAGO, by prepaid certified mail addressed to:
City of West Chicago
Attention: Michael Guttman, City Administrator
475 Main Street
West Chicago, IL 60185
With a copy to:
City of West Chicago Corporation Counsel
Bond, Dickson and Conway
400 S. Knoll Street, Unit C
Wheaton, IL 60187
VII. Illinois Law
This contract is made and is to be interpreted under the laws of the State of Illinois, and any legal
proceeding of any kind relating hereto shall be filed in the Circuit Court of DuPage County,
Illinois. In the event that any provision(s) of this contract shall for any reason be held invalid,
illegal or unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not
affect any other provision(s) of this contract, and it shall further be construed as if the invalid,
illegal or unenforceable provision(s) had never been a part of this contract.
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VIII. Insurance
At all times during the term of this Contract, the Firm will maintain general liability insurance
and personal injury coverage, including excess and umbrella coverage, in an amount that
provides effective coverage equivalent to or greater than $2 million, employers’ liability and
professional liability insurance in the amount of $1 million, worker’s compensation insurance in
accordance with the provisions of the laws of the State of Illinois, technology professional
liability in the amount of at least $3 million, and aggregate umbrella limits of at least $5 million.
Where applicable, all insurance maintained by the Firm with respect to this Contract shall name
the Municipality, and its officers and employees, as an additional insured unless such designation
is unavailable due to commercial practices in the insurance industry as to the particular type of
coverage.
IX. Execution
In consideration of the terms and compensation herein stated, by their signatures below, both the
Firm and CITY OF WEST CHICAGO hereby accept their respective obligations and undertake
performance of said contract as set-forth above.
This contract is executed on behalf of CITY OF WEST CHICAGO by the presiding officer of its
governing body, or by such other person who is authorized to execute this instrument.
This contract may be executed in any number of counterparts, and each counterpart shall be
deemed an original for all purposes. Signed facsimiles shall be binding and enforceable.
CITY OF WEST CHICAGO
By: Date:
Ruben Pineda, Mayor
City of West Chicago
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP
By: Date:
Catherine A. Murray, Managing Partner
Chicago Office
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Ordinance No. 22-O-0023
AN ORDINANCE AMENDING APPENDIX G - FEE SCHEDULE OF THE CODE OF
ORDINANCES OF THE CITY OF WEST CHICAGO —
SECTION 21.1 —- CITY COLLECTION FEES
BE IT ORDAINED by the City Council of the City of West Chicago, Illinois, in regular
session assembled, that the City Code is amended as follows:
Section 1. That Appendix G of the Code of Ordinances of the City of West Chicago is hereby
amended to create Section 21.1 — City Collection Fees with the language contained in Exhibit A
attached hereto.
Section 2. All ordinances and resolutions, or parts thereof, in conflict with the provisions of this
Ordinance are, to the extent of such conflict, expressly repealed.
Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form as provided by law.
PASSED this day of , 2022.
Alderman L. Chassee Alderman J. Beifuss
Alderman J. Sheahan Alderman H. Brown
Alderman A. Hallett Alderman C. Dettmann
Alderman S. Dimas Alderman M. Birch-Ferguson
Alderman C. Swiatek Alderman M. Garling
Alderman R. Stout Alderman J. Short
Alderman J. Jakabcsin Alderman J. Morano
APPROVED as to form:
City Attorney
ADOPTED this day of , 2022
Ruben Pineda, Mayor
ATTEST:
Deputy City Clerk Valeria Perez
PUBLISHED:

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Appendix G Fee Schedule
Sec. 21.1 City Collection fees
In addition to the fees set forth in this Appendix, the city may assess a fee for collections
and costs as shall actually be incurred by the city, plus an additional administrative fee of
25% of the total debt or delinquency owed to the city in the event the city, in its sole and
exclusive discretion, determines that it is necessary or desirable to obtain professional
collection services for any city debts, delinquent fees, permit payments, application fees,
business and liquor licenses, including renewals, and such other debts or fees due and owing
to the city.