Contract may only be amended, supplemented or modified by a written document executed in the same
<br />manner as this Contract.
<br />10. Compliance with Laws.
<br />A. The Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and
<br />ordinances, standards and guidelines including the requirements set forth in the National Foreclosure
<br />Mitigation Counseling ("NFMC") Program FINAL Funding Announcement issued on December 1,
<br />2010 (located at: http://www.nw.org/network/nfmcp/documents/Round5FundingA.nnouncement.
<br />pdf) as amended, and the National Industry Standards for Homeownership Counseling Foreclosure
<br />Prevention Intervention Specialty issued January, 2008 (located at: http://www.nw.org/network/
<br />nfmcp/documents/Nati6naadustryForeclosure CounselingStandards-FINAL.pdf) as amended, and
<br />all provisions required thereby to be included herein are hereby incorporated by reference. The
<br />enactment or modification of any applicable state or federal statute or the promulgation of
<br />rules or regulations thereunder after execution of this Contract shall be reviewed by IHCDA and
<br />the Contractor to determine whether the provisions of this Contract require formal modification.
<br />B. The Contractor and its agents shall abide by all ethical requirements that apply to persons who have
<br />a business relationship with IHCDA as set forth in IC § 4-2-6 et seq., IC § 4-2-7, et. seq., the
<br />regulations promulgated thereunder. If the Contractor has knowledge, or would have acquired
<br />knowledge with reasonable inquiry, that a state officer, employee, or special state appointee,
<br />as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the Contractor
<br />shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the
<br />execution of this contract. If the Contractor is not familiar with these ethical requirements, the
<br />Contractor should refer any questions to the Indiana State Ethics Commission, or visit the
<br />Inspector General's website at http://www.in.gov/ig/. If the Contractor or its agents violate any
<br />applicable ethical standards, IHCDA may, in its sole discretion, terminate this Contract immediately
<br />upon notice to the Contractor. In addition, the Contractor may be subject to penalties under IC §§ 4-
<br />2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
<br />C. The Contractor certifies by entering into this Contract that neither it nor its principal(s) is presently
<br />in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required
<br />payments to the State of Indiana. The Contractor agrees that any payments currently due to the
<br />State of Indiana may be withheld from payments due to the Contractor. Additionally, further work
<br />or payments may be withheld, delayed, or denied and/or this Contract suspended until the
<br />Contractor is current in its payments and has submitted proof of such payment to the State.
<br />D. The Contractor warrants that it has no current, pending or outstanding criminal, civil, or enforcement
<br />actions initiated by the State, and agrees that it will immediately notify IHCDA of any such actions.
<br />During the term of such actions, the Contractor agrees that IHCDA may delay, withhold, or deny
<br />work under any supplement, amendment, change order or other contractual device issued pursuant
<br />to this Contract.
<br />E. If a valid dispute exists as to the Contractor's liability or guilt in any action initiated by the State or its
<br />agencies, and IHCDA decides to delay, withhold, or deny work to the Contractor, the Contractor
<br />may request that it be allowed to continue, or receive work, without delay. The Contractor must
<br />submit, in writing, a request for review to the Indiana Department of Administration (IDOA)
<br />following the procedures for disputes outlined herein. A determination by IDOA shall be binding on
<br />{00024811-1)
<br />Page 3 of 39
<br />
|