K-5 - Memorandum of Understanding for Setoff

MEMORANDUM OF UNDERSTANDING BETWEEN THE IOWA DEPARTMENT OF REVENUE AND ____________________ REGARDING STATE SETOFF PROGRAM ARTICLE I PURPOSE 1.1 The purpose of this memorandum of understanding ("Agreement") is to define the terms and conditions of [_________________] ("Participating Agency")’s participation in the State Setoff Program ("Program"), as administered by the Iowa Department of Revenue ("IDR"). Participating Agency and IDR may individually be referred to as a “Party”, or collectively as “Parties”. ARTICLE II DEFINITIONS & AUTHORITY 2.1 Definitions. 2.1.1 "Credit Vendor" means an agency or entity who submits funds to the Program. 2.1.2 "Data" means any information in the possession of or owned by the Participating Agency or IDR that is shared with the other Party under this Agreement. 2.1.2.1 Data may include personal information as defined by Iowa Code section 715C.1(11). 2.1.2.2 IDR shall at no time share federal tax information pursuant to this Agreement. IDR shall only share state tax information as allowed by law. 2.1.3 "Debt" means any amount, as measured in money, owed to a Public Agency. 2.1.4 "Debt Portal" means the online system through which the Participating Agency will administer its Debt. 2.1.5 "Debt Type" means a category of Debt that has become due, owing, and payable under statute, administrative rule, or other lawful means. 2.1.6 "Obligor" means as defined in Iowa Code 421.65(1)(a). 2.1.7 "Obligor Directory Information" means the Obligor’s Name, Address, Phone Number, and Email Address. 2.1.8 "Obligor Information" means any information regarding the Obligor required by IDR, including “Obligor Directory Information”. 2.1.9 "Participating Agency" means a Public Agency or the Iowa Judicial Branch ("IJB"), that has entered into an agreement with IDR to participate in the State Setoff Program. 2.1.10 "Public Agency" means as defined in Iowa Code 421.65(1)(b). 2.1.11 "Public Payment" means as defined in Iowa Code section 421.65(1)(c). 2.1.12 "Qualifying Debt" means as defined in Iowa Code section 421.65(1)(d). 2.1.13 "Setoff Fee", as outlined in Section 3.4.4, means the amount paid by the Participating Agency per setoff to IDR for participation in the State Setoff Program. 2.1.14 "State Setoff Program" or the “Program” means the program established by Iowa Code section 421.65 to set off against each Public Payment any Qualifying Debt the Obligor owes to a Participating Agency. 2.1.15 All monetary amounts referenced in this Agreement and throughout the State Setoff Program shall be in United States Dollars. 2.1.16 Unless otherwise specified, references to IDR and Participating Agency shall include their officers, employees, agents, and contractors. FAST Enterprises, LLC (Fast) is a contractor of IDR. Participating Agency authorizes Fast access to Participating Agency Data subject to this Agreement. 2.2 Legal Authority. This Agreement is entered into pursuant to the authority in Iowa Code section 421.65 and associated administrative rules.