Contract - IHCDA - Mortgage Foreclosure Prevention Counseling

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The parties acknowledge that the services to be performed by Contractor for IHCDA under this contract may require or allow access to data, materials, and information containing Social Security numbers or other personal information maintained by or on behalf of IHCDA in a computer system or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3- 1(4), the Contractor and IHCDA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If any Social Security number(s) is/are disclosed by Contractor, Contractor agrees to pay the cost of the notice of disclosure of a breach of the security of the system in addition to any other claims and expenses for which it is liable under the terms of this Contract. The Contractor agrees to handle and dispose of clients' personal information in accordance with the National Industry Standards for Homeownership Counseling, HUD's standards for approval of housing counseling, and applicable laws and regulations. A copy of the "Standards for Homeownership Education and Counseling — Foreclosure Intervention Specialty" are set forth in Exhibit F to this Contract. Attached hereto and incorporated herein by reference as Exhibit D is a copy of Contractor's internal privacy/confidential information policy, which includes policies required under the May 25, 2010 Memorandum from NeighborWorks America on the subject of protection disposal of personal information, as amended. Contractor agrees to comply with such internal privacy/confidential information policy with regard to data, materials, and information disclosed or otherwise provided to Contractor by IFPN clients under the terms of this Contract. IF THE CONTRACTOR HAS PREVIOUSLY PROVIDED IHCDA WITH A COPY OF THE CONTRACTOR'S INTERNAL PRIVACY/CONFIDENTIAL INFORMATION POLICY, AND SUCH POLICY HAS NOT CHANGED, THE CONTRACTOR SHALL PREPARE AND SUBMIT THE FOLLOWING FOR EXHIBIT D: "Contractor's Internal Privacy/Confidential Information Policy has not changed since the time it was submitted to IHCDA in conjunction with Contract # " BY DOING SO, THE CONTRACTOR WILL NOT NEED TO RESUBMIT ITS POLICY. Continuity of Services. Intentionally omitted. Debarment and Suspension. A. The Contractor certifies by entering into this Contract that neither it nor its principals nor any of its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana. The teem "principal" for purposes of this Contract means an officer, director, owner, partner, key employee or other person with primary management or supervisory responsibilities, or a person who has a critical influence on or substantive control over the operations of the Contractor. The Contractor certifies that it has verified the state and federal suspension and debarment status for all subcontractors receiving funds under this Contract and shall be solely responsible for any recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor. The Contractor shall immediately notify IHCDA if any subcontractor becomes debarred or suspended, and shall, at IHCDA's request, take all steps required by IHCDA to terminate its contractual relationship with the subcontractor for work to be performed under this Contract. 100028595-1) Page 5 of 39