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HomeMy WebLinkAboutContract - IHCDA - Mortgage Foreclosure Prevention CounselingINDIANA FORECLOSURE PREVENTION NETWORK PROFESSIONAL SERVICES CONTRACT IHCDA Received an Award from the Indiana State Budget Agency Hoene Ownership Education Fund FAIN: NIA Activity Description: Mortgage Foreclosure Counseling Contract # IFPN-2017-024 EDS # A161-17-IFPN-024 This Indiana Foreclosure Prevention Network Professional Services Contract ("Contract"), entered into by and between the Indiana Housing and Community Development Authority ("IHCDA") and City of South Bend having a DUNS# of 74327123, (the "Contractor"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: Duties of Contractor. The duties of the Contractor are set forth in Exhibit A, attached hereto and incorporated fully herein, and are summarized below: Conduct foreclosure prevention counseling and intervention, by telephone or in person, with and on behalf of homeowners who have been referred by the Indiana Foreclosure Prevention Network ("IFPN"). Consideration. The Contractor will be paid as described more fully in Exhibit B, attached hereto and made a part hereof. Total remuneration under this Contract shall not exceed Five Thousand Seven Hundred Fifty and 001100 Dollars ($5,750.00). Term. This Contract shall take effect as of July 1, 2017 ("Effective Date") and remain in effect through September 30, 2017 (the "Term"). Access to Records. The Contractor and its subcontractors, if any, shall maintain all financial records, supporting documentation, statistical records, books, documents, papers, other evidence pertaining to all costs incurred or fees earned under this Contract, and any other records pertinent to this Contract. The Contractor shall make such materials available at its office at all reasonable times during the Term, and for three (3) years from the date of final payment under this Contract, for inspection by IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity. Upon request, copies shall be furnished at no cost to IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity. The only exceptions are the following. (1) If any litigation, claim, or audit is started before the expiration of the three (3) year period, the records shall be retained until the litigation, claims or audit findings involving the records have been resolved and final action taken: and (2) Records for real property and equipment acquired with funds hereunder shall be retained for three (3) years after final disposition. Notwithstanding the 100028595-11 Page 1 of 39 foregoing, IHCDA, NeighborWorks America, or the authorized representative, agent or third -party contractor of either entity rights to site, document and personnel access for evaluation purposes are not limited to the required retention period, but shall last as long as records are retained. Assignment; Successors. The Contractor binds its successors and assignees to all the terms and conditions of this Contract. The Contractor shall not assign or subcontract the whole or any part of this Contract without IHCDA's prior written consent. The Contractor may assign its right to receive payments to such third parties as the Contractor may desire without the prior written consent of IHCDA, provided that the Contractor gives written notice (including evidence of such assignment) to IHCDA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and shall not be made to more than one party. AssiLynment of Antitrust Claims. As part of the consideration for the award of this Contract, the Contractor assigns to IHCDA all right, title, and interest in and to any claims the Contractor now has, or may acquire, under state or federal antitrust laws relating to the products or services which are the subject of this Contract. Audits. Contractor shall comply with 2 CFR 200, as applicable. If the Contractor expends $750,000 or more in federal awards during the Contract's fiscal year, it must submit its single audit to the IHCDA within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. According to NFMC guidance, Contractor must have completed an independent audit within nine months of the completion of its most recent fiscal year. If Contractor has revenues less than $300,000 annually and receives less than $25,000 in NFMC funding, the Contractor may submit a Review Statement or Compilation Statement in lieu of independent audited financial statements. Authoritv to Bind Contractor. The signatory for the Contractor represents that he/she has been duly authorized by Contractor to execute this Contract on behalf of the Contractor and has obtained all necessary or applicable approvals to make this Contract fully binding upon the Contractor when his/her signature is affixed, and accepted by IHCDA. Chances in Work. The Contractor shall not commence any additional work or change the scope of the work until authorized in writing by IHCDA. The Contractor shall make no claim for additional compensation in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may only be amended, supplemented or modified by a written document executed in the same manner as this Contract. Compliance with Laws. The Contractor shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, standards and guidelines including the requirements set forth in the National Foreclosure Mitigation Counseling ("NFMC") Program FINAL Funding Announcement issued on December 1, {00028595-1) Page 2 of 39 2010, as amended, and the National Industry Standards for Homeownership Counseling Foreclosure Prevention Intervention Specialty issued January, 2008, as amended, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations thereunder after execution of this Contract shall be reviewed by IHCDA and the Contractor to determine whether the provisions of this Contract require formal modification. The Contractor and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with IHCDA as set forth in IC § 4-2-6 et seq., IC § 4-2-7, et. seq., the regulations promulgated thereunder. If the Contractor has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the Contractor shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the execution of this Contract. If the Contractor is not familiar with these ethical requirements, the Contractor should refer any questions to the Indiana State Ethics Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the Contractor or its agents violate any applicable ethical standards, IHCDA may, in its sole discretion, terminate this Contract immediately upon notice to the Contractor. In addition, the Contractor may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35- 44.1-1-4, and under any other applicable laws. The Contractor certifies by entering into this Contract that neither it nor its principal(s) is presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to the State of Indiana. The Contractor agrees that any payments currently due to the State of Indiana may be withheld from payments due to the Contractor. Additionally, further work or payments may be withheld, delayed, or denied and/or this Contract suspended until the Contractor is current in its payments and has submitted proof of such payment to the State. The Contractor warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that it will immediately notify IHCDA of any such actions. During the term of such actions, the Contractor agrees that IHCDA may delay, withhold, or deny work under any supplement, amendment, change order or other contractual device issued pursuant to this Contract. If a valid dispute exists as to the Contractor's liability or guilt in any action initiated by the State or its agencies, and IHCDA decides to delay, withhold, or deny work to the Contractor, the Contractor may request that it be allowed to continue, or receive work, without delay. The Contractor must submit, in writing, a request for review to the Indiana Department of Administration (IDOA) following the procedures for disputes outlined herein. A determination by IDOA shall be binding on the parties. Any payments that the State may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest, except as permitted by IC §5-17-5 The Contractor warrants that the Contractor, its employees, agents, and subcontractors, if any, shall obtain and maintain all required certifications, permits, licenses, registrations and approvals, and shall comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities for IHCDA. Failure to do so may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with IHCDA. The Contractor affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the Indiana Secretary of State. {00028595-1j Page 3 of 39 As required by IC 5-22-3-7: (1) The Contractor and any principals of the Contractor certify that: (A) the Contractor, except for de minimis and nonsystematic violations, has not violated the terms of- (i) IC 24-4.7 (Telephone Solicitation of Consumers); (ii) IC 24-5-12 (Telephone Solicitations); or (iii) IC 24-5-14 (Regulation of Automatic Dialing Machines); in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Contractor will not violate the terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. (2) The Contractor and any principals of the Contractor certify that an affiliate or principal of the Contractor and any agent acting on behalf of the Contractor or on behalf of an affiliate or principal of the Contractor (A) except for de minimis and nonsystematic violations, has not violated the terms of IC 24-4.7 in the previous three hundred sixty-five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) will not violate the terns of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is preempted by federal law. Condition of Pavment. All services provided by the Contractor under this Contract must be performed to IHCDA's reasonable satisfaction, as determined at the discretion of the undersigned IHCDA representative and in accordance with Exhibit A and all applicable federal, state, and local laws, ordinances, rules and regulations. IHCDA shall not be required to pay for work found to be unsatisfactory, inconsistent with this Contract or performed in violation of any federal, state or local statute, ordinance, rule or regulation. As required by IC 4-13-2-14.8, payments to the Contractor shall be made via electronic funds transfer in accordance with instructions filed by the Contractor with the Controller of IHCDA. As a further condition of payment, the Contractor shall complete in full and return to IIICDA a federal Form W-9 (Request for Taxpayer Identification Number and Certification), the form of which is attached hereto as Exhibit C and made a part hereof. Confidentiality of Information. The Contractor understands and agrees that data, materials, and information disclosed to the Contractor may contain confidential and protected information. The Contractor covenants that data, material and information gathered, based upon or disclosed to the Contractor for the purpose of this Contract, will not be disclosed to or discussed with third parties without the prior written consent of IHCDA. {00028595-1) Page 4 of 39 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 Default by IHCDA. If IHCDA, sixty (60) days after receipt of written notice, fails to correct or cure any material breach of this Contract, the Contractor may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination. Disputes. A. Should any disputes arise with respect to this Contract, the Contractor and IHCDA agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the Contractor fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs incurred by IHCDA or the Contractor as a result of such failure to proceed shall be borne by the Contractor, and the Contractor shall make no claim against IHCDA for such costs. If the parties are unable to resolve a contract dispute between them after good faith attempts to do so, a dissatisfied party shall submit the dispute to the Commissioner of the Indiana Department of Administration for resolution. The dissatisfied party shall give written notice to the Commissioner and the other party. The notice shall include (1) a description of the disputed issues, (2) the efforts made to resolve the dispute, and (3) a proposed resolution.. The Commissioner shall promptly issue a Notice setting out documents and materials to be submitted to the Commissioner in order to resolve the dispute; the Notice may also afford the parties the opportunity to make presentations and enter into further negotiations. Within 10 business days of the conclusion of the final presentations, the Commissioner shall issue a written decision and furnish it to both parties. The Commissioner's decision shall be the final and conclusive administrative decision unless either patty serves on the Commissioner and the other party, within ten business days after receipt of the Commissioner's decision, a written request for reconsideration and modification of the written decision. If the Commissioner does not modify the written decision within 30 business days, either party may take such other action helpful to resolving the dispute, including submitting the dispute to an Indiana court of competent jurisdiction. If the parties accept the Commissioner's decision, it may be memorialized as a written Amendment to this Contract if appropriate. IHCDA may withhold payments on disputed items pending resolution of the dispute. The unintentional nonpayment by IHCDA to the Contractor of one or more invoices not in dispute in accordance with the terms of this Contract will not be cause for the Contractor to terminate this Contract, and the Contractor may bring suit to collect these amounts without following the disputes procedure contained herein. With the written approval of the Commissioner of the Indiana Department of Administration, the parties may agree to forego the process described in subdivision C. relating to submission of the dispute to the Commissioner. This paragraph shall not be construed to abrogate provisions of Ind. Code 4-6-2-11 in situations where dispute resolution efforts lead to a compromise of claims in favor of the State as described in that statute. In particular, releases or settlement agreements involving releases of legal claims or potential legal claims of the State should be processed consistent with Ind. Code 4-6-2-11, which requires approval of the Governor and Attorney General. {00028595-1) Page 6 of 39 Drug -Free Workplace Certification. As required by Executive Order No. 90-5 dated April 12, 1990, issued by the Governor of Indiana, the Contractor hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace. The Contractor will give written notice to IHCDA within ten (10) days after receiving actual notice that the Contractor or an employee of the Contractor in the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of this certification may result in sanctions including, but not limited to, suspension of contract payments, termination of this Contract, and/or debarment of contracting opportunities with IHCDA for up to three (3) years. In addition to the provisions of the above paragraph, if the total contract amount set forth in this Contract is in excess of $25,000.00, the Contractor certifies and agrees that it will provide a drug -free workplace by: A. Publishing and providing to all of its employees a statement notifying them that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the Contractor's workplace, and specifying the actions that will be taken against employees for violations of such prohibition; Establishing a drug -free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the Contractor's policy of maintaining a drug -free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; Notifying all employees in the statement required by subparagraph (A) above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the Contractor of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; Notifying IHCDA, in writing, within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; Within thirty (30) days after receiving notice under subdivision (C)(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; and Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs (A) through (E) above. Employment Eligibility Verification. As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the Contractor does not knowingly employ an unauthorized alien. The Contractor further agrees that: A. The Contractor shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC §22-5-1.7-3. The Contractor is not 00028595-1) Page 7 of 39 required to participate should the E-Verify program cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-employed and does not employ any employees. The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or contract with a person that the Contractor subsequently learns is an unauthorized alien. The Contractor shall require his/her/its subcontractors, who perform work under this Contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. IHCDA may terminate for default if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by IHCDA. Employment Option. Intentionally omitted. Force Maieure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected party (hereinafter referred to as a "Force Majeure Event"), the patty who has been so affected shall immediately, or as is soon as reasonably possible under the circumstances, give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. Funding Cancellation. When the Executive Director of IHCDA or the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of performance of this Contract, this Contract shall be canceled. A determination by the Executive Director of IHCDA or the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. Governing Laws. This Contract shall be governed, construed, and enforced in accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in Marion County, Indiana. HI!:PAA Compliance. If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Contractor covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information. (00028595-1) Page 8 of 39 Indemnification. The Contractor agrees to indemnify, defend, and hold harmless IHCDA, its agents, officials, and employees from all claims and suits including court costs, attorney's fees, and other expenses any act or omission of the Contractor and/or its subcontractors, if any, in the performance of this Contract. IHCDA shall not provide such indemnification to the Contractor. Independent Contractor; Workers' Compensation Insurance. The Contractor is performing as an independent entity under this Contract. No part of this Contract shall be construed to represent the creation of an employment, agency, partnership, or joint venture agreement between the parties. Except as provided in Section 24 above, neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents, employees, or subcontractors of the other party. The Contractor shall provide all necessary unemployment and workers' compensation insurance for the Contractor's employees and shall provide IHCDA with a Certificate of Insurance evidencing such coverage prior to starting work under this Contract, upon request. Information Technology Enterprise Architecture Re uirement. Intentionally omitted. Insurance. A. The Contractor and their subcontractors (if any) shall secure and keep in force during the Term of this Contract, the following insurance coverages (if applicable) covering the Contractor for any and all claims of any nature which may in any manner arise out of or result from Contractor's performance under this Contract: Commercial general Iiability, including -contractual coverage, and products or completed operations coverage (if applicable), with minimum liability limits not less than $700,000 per occurrence and $2,000,000 in the aggregate unless additional coverage is required by the IHCDA. The IHCDA is to be named as an additional insured on a primary, non-contributory basis for any liability arising directly or indirectly under or in connection with this Contract. Automobile Liability. Deleted; not applicable. Professional Liability, also known as Errors and Omissions Insurance, for those Contractors required to hold a professional license by the Indiana Professional Licensing Agency with limits not less than $700,000 per cause of action and $2,000,000 per occurrence. This is coverage available to pay for liability arising out of the performance of professional or business related duties, with coverage tailored to the needs of the specific profession. Coverage for the benefit of the IHCDA shall continue for a period of two (2) years after the date of service provided under this Contract. Fiduciary Liability. Deleted; not applicable. Valuable Papers coverage. Deleted; not applicable. Surety or Fidelity Bond(s). Deleted; not applicable. {00028595-1) Page 9 of 39 The Contractor shall provide proof of such insurance coverage by tendering to the undersigned IHCDA representative a certificate of insurance upon request and proof of workers compensation coverage meeting all statutory requirements of IC 22-3-2, upon request. In addition, proof of an "all states endorsement" covering claims occurring outside the State is required if any of the services provided under this Contract involve work outside of Indiana. The Contractor's insurance coverage must meet the following additional requirements; 1. The insurer must have a certificate of authority or other appropriate authorization to operate in the state in which the policy was issued. Any deductible or self -insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the Contractor. 1HCDA will be defended, indemnified and held harmless to the full extent of any coverage actually secured by the Contractor in excess of the minimum requirements set forth above. The duty to indemnify IHCDA under this Contract shall not be limited by the insurance required in this Contract. The insurance required in this Contract, through a policy or endorsement(s), shall include a provision that the policy and endorsements may not be canceled or modified without thirty (30) days' prior written notice to IHCDA. The Contractor waives and agrees to require their insurer to waive their rights of subrogation against IHCDA. Failure to provide insurance as required in this Contract may be deemed a material breach of contract entitling IHCDA to immediately terminate this Contract. The Contractor shall furnish a certificate of insurance and all endorsements to IHCDA upon request. Key Person(s). A. If both parties have designated that certain individual(s) are essential to the services offered, the parties agree that should such individual(s) leave their employment during the term of this contract for whatever reason, IIJCDA shall have the right to terminate this Contract upon thirty (30) days prior written notice. In the event that the Contractor is an individual, that individual shall be considered a key person and, as such, essential to this Contract. Substitution of another for the Contractor shall not be permitted without express written consent of IHCDA. Nothing in subsection A and B above shall be construed to prevent the Contractor from using the services of others to perform tasks ancillary to those tasks which directly require the expertise of the key person. Examples of such ancillary tasks include secretarial, clerical, and common labor duties. The Contractor shall, at all times, remain responsible for the performance of all necessary tasks, whether performed by a key person or others. Key person(s) to this Contract is/are Pamela Meyer, Nancy Schrager, and Hedy Robbinson. (00028595-1) Page 10 of 39 Licensing Standards. The Contractor, its employees and subcontractors shall comply with all applicable licensing standards, certification standards, accrediting standards and any other laws, rules or regulations governing services to be provided by the Contractor pursuant to this Contract. IHCDA will not pay the Contractor for any services performed when the Contractor, its employees or subcontractors are not in compliance with such applicable standards, laws, rules or regulations. If any license, certification or accreditation expires or is revoked, or any disciplinary action is taken against an applicable license, certification or accreditation, the Contractor shall notify IHCDA immediately and IITCDA, at its option, may immediately terminate this Contract. Merger & Modification. This Contract contains the entire agreement between the parties. No understandings agreements, representations, inducements, promises or oral agreements not embodied herein shall be of any force or effect. This Contract may not be modified, supplemented, or amended, except by written agreement signed by all necessary parties. Minority and Women's Business Enterprises Compliance. Deleted; not applicable. Nondiscrimination. Pursuant to the Indiana Civil Rights Law, specifically including IC § 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Contractor covenants that it shall not discriminate against any employee or applicant for employment relating to this Contract with respect to the hire, tenure, terms, conditions, or privileges of employment or any matter directly or indirectly related to employment, because of the employee or applicant's race, color, national origin, religion, gender, age, disability, ancestry, creed, pregnancy, marital, parental status, familial status, sexual orientation, status as a veteran, physical, mental, emotional or learning disability, or any other characteristic protected by federal, state, or local law ("Protected Characteristics"). Contractor certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Characteristics in the provision of services. Breach of this paragraph may be regarded as a material breach of this Contract, but nothing in this paragraph shall be construed to imply or establish an employment relationship between IHCDA and any applicant or employee of the Contractor or any subcontractor. IIICDA is a recipient of federal funds, and therefore, where applicable, Contractor and any subcontractors agree to comply with requisite affirmative action requirements, including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246. In addition, Contractor shall not discriminate against clients on the basis of their gender, race, color, religion, national origin, ancestry, creed, pregnancy, marital or parental status, familial status, sexual orientation, or physical, mental, emotional or learning disability. Notice to Parties. Whenever any notice, statement, or other communication is required under this Contract, it shall be sent by first class mail or via an established courier/delivery service to the following addresses, unless otherwise specifically advised. {00028595-11 Page 11 of 39 A. Notices to IHCDA shall be sent to: Mark Neyland Director of Asset Preservation Indiana Housing and Community Development Authority 30 South Meridian Street, Suite 1000 Indianapolis, Indiana 46204 With a copy to: David W. Stewart General Counsel Indiana Housing and Community Development Authority 30 South Meridian Street, Suite 1000 Indianapolis, Indiana 46204 B. Notices to the Contractor shall be sent to: Pamela Meyer Executive Director City of South Bend 227 West Jefferson Boulevard, 101 Floor South Bend, IN 46601 C. Awarding Official J. Jacob Sipe Executive Director Indiana Housing and Community Development Authority 30 South Meridian Street, Suite 1000 Indianapolis, Indiana 46204 As required by IC §4-13-2-14.8, payments to the Contractor shall be made via electronic funds transfer in accordance with instructions filed by the Contractor with IHCDA's Controller. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) this Contract, (2) attachments prepared by IHCDA, and (3) attachments prepared by the Contractor. All attachments, and all documents referred to in this paragraph are hereby incorporated fully by reference. Ownership of Documents and Materials. A. All documents, records, programs, applications, data, algorithms, film, tape, articles, memoranda, and other materials (the "Materials") not developed or licensed by the Contractor prior to execution of this Contract, but specifically developed under this Contract shall be considered "work for hire" and the Contractor hereby transfers and assigns any ownership claims to IHCDA so that all Materials will be the property of IHCDA. If ownership interest in the Materials cannot be assigned to II-ICDA, {00028595-11 Page 12 of 39 the Contractor grants IHCDA a non-exclusive, non -cancelable, perpetual, worldwide royalty -free license to use the Materials and to use, modify, copy and create derivative works of the Materials. Use of the Materials, other than related to contract performance by the Contractor, without the prior written consent of II-ICDA, is prohibited. During the performance of this Contract, the Contractor shall be responsible for any loss of or damage to the Materials developed for or supplied by IHCDA and used to develop or assist in the services provided while the Materials are in the possession of the Contractor. Any loss or damage thereto shall be restored at the Contractor's expense. The Contractor shall provide IHCDA full, immediate, and unrestricted access to the Materials and to Contractor's work product during the term of this Contract. Payments. All payments shall be made 35 days in arrears in conformance with State fiscal policies and procedures and, as required by IC § 4-13-2-14.8, by electronic funds transfer to the financial institution designated by the Contractor, in writing, unless a specific waiver has been obtained from IHCDA's Controller. No payments will be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by IC § 4-13-2-20. Penalties/lnterest/Attorney's Fees. IHCDA will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as permitted by Indiana law, in part, IC §5-17-5, IC §34-54-8, IC §34-13-1 and IC § 34-52-2-3. Notwithstanding the provisions contained in IC 5-17-5, any liability resulting from IHCDA's failure to make prompt payment shall be based solely on the amount of funding originating from 1HCDA and shall not be based on funding from federal or other sources. Progress Reports. The Contractor shall submit progress reports to IHCDA on a monthly basis or more often upon request. The report shall be electronic, unless the IHCDA, upon receipt of the electronic report, should deem it necessary to have it in written form. The progress reports shall serve the purpose of assuring the IHCDA that persons referred to Contractor are receiving prompt and efficient services, as well as assisting in monitoring the status of the 1FPN initiative and shall contain, at a minimum, all information required by the National Foreclosure Mitigation Counseling Program. The Contractor acknowledges that data collection and statistics, particularly with regard to settlement conferences, are central to the success and viability of the IFPN. As such, the progress reports submitted by Contractor shall indicate, with regard to each client of Contractor, whether client requested a settlement conference, and if so, whether the settlement conference was "Successful" or "Not Successful". For the purposes of this Agreement, "Successful" means any one of the following outcomes: a reinstated loan, a loan modification, a repayment plan, a forbearance agreement or plan, a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of foreclosure, an agreement to stay foreclosure proceedings or other outcome which the Deputy Director of Asset Preservation or his designee, in writing, has indicated is a Successful Outcome. A settlement conference resulting in an outcome not above listed shall be reported as "Not Successful" by Contractor. Further, Contractor shall capture and report to IHCDA the above -described settlement conference data for clients serviced partially with sources of funding outside this Contract. (00028595-11 Page 13 of 39 Public Record. The Contractor acknowledges that IHCDA will not treat this Contract as containing confidential information, and will post this Contract on its website as required by Executive Order 05-07. Use by the public of the information contained in this Contract shall not be considered an act of IHCDA. Renewal Option. This Contract may be renewed under the same terms and conditions, subject to approval of the IHCDA Board of Directors, and in compliance with IC 5-22-17-4. The term of the renewed Contract may not be longer than the term of the original Contract. Severabili . The invalidity of any .section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any written amendments or supplements. Taxes. IHCDA is exempt from most state and local taxes and many federal taxes. IHCDA will not be responsible for any taxes levied on the Contractor as a result of this Contract. Termination for Convenience. This Contract may be terminated, in whole or in part by IHCDA which shall include and is not limited to the Indiana Department of Administration and the State Budget Agency whenever, for any reason, IHCDA, IDOA or the State Budget Agency determines that such termination is in its best interest. Termination of services shall be effected by delivery to the Contractor of a Termination Notice at least thirty (30) days prior to the termination effective date, specifying the extent to which performance of services under such termination may continue. The Contractor shall be compensated for services properly rendered prior to the effective date of termination. IHCDA will not be Iiable for services performed after the effective date of termination. The Contractor shall be compensated for services herein provided but in no case shall total payment made to the Contractor exceed the original contract price or shall any price increase be allowed on individual line items if canceled only in part prior to the original termination date. For the purposes of this paragraph, the parties stipulate and agree that the Indiana Department of Administration shall be deemed to be a party to this agreement with authority to terminate the same for convenience when such termination is determined by the Commissioner of IDOA to be in the best interests of IHCDA. Termination for Default. A. With the provision of thirty (30) days' notice to the Contractor, IHCDA may terminate this Contract in whole or in part if the Contractor fails to: (00028595-1) Page I4 of 39 Correct or cure any breach of this Contract; the time to correct or cure the breach may be extended beyond thirty (30) days if IHCDA determines progress is being made and the extension is agreed by the patties; Deliver the supplies or perform the services within the time specified in this Contractor any extension; Make progress so as to endanger performance of this Contract; or Perform any of the other provisions of this Contract. If IHCDA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner IHCDA considers appropriate, supplies or services similar to those terminated, and the Contractor will be liable to IHCDA for any excess costs for those supplies or services. However, the Contractor shall continue the work not terminated. IHCDA shall pay the contract price for completed supplies delivered and services accepted. The Contractor and IHCDA shall agree on the amount of payment for manufacturing materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause. IHCDA may withhold from these amounts any sum IHCDA determines to be necessary to protect IHCDA against loss because of outstanding liens or claims of former lien holders. The rights and remedies of IHCDA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. This Contract may be suspended and/or terminated immediately if the Contractor has breached, defaulted, or committed fraud under this Contract or another contract between the Contractor and IHCDA. Further, Contractor's breach or default of other agreements or obligations related to this Contract shall constitute a material breach of this Contract. Travel. Intentionally omitted. Indiana Veteran's Business Enterprise Compliance. Deleted; not applicable. Waiver of Rights. No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither IHCDA's review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and retrain liable to IHCDA in accordance with applicable law for all damages to IHCDA caused by the Contractor's negligent performance of any of the services furnished under this Contract. Work Standards. The Contractor shall execute its responsibilities by following and applying at all times the highest professional and technical guidelines and standards. If IHCDA becomes dissatisfied with the work product of or the working relationship with those individuals assigned to work on this Contract, IHCDA may request in writing the replacement of any or all such individuals, and the Contractor {ao028595-1 } Page 15 of 39 shall grant such request. Contractor represents and warrants that all employees or independent contractors working for Contractor under this Contract either (a) are IFPN state -certified foreclosure prevention specialists under the Indiana Housing Educators Licensing Procedures and Standards ("HELPS"), (b) are, as of the Effective Date, enrolled in HELPS training to become IFPN state - certified foreclosure prevention specialists, or (c) will, within thirty (30) days of the Effective Date, enroll in HELPS training to become IFPN state -certified foreclosure prevention specialists. Contractor acknowledges that IC 32-30-10.5-10(a)(5)(A) states that an individual has the right to be assisted by a mortgage foreclosure counselor at a settlement conference, and that, if requested, Contractor will attend a settlement conference with a client. Notwithstanding the foregoing, Contractor shall use its best efforts to obtain an attorney to represent the client at a settlement conference. Failure to comply with this Section may result in immediate termination of the Contract. Accessibility. The Contractor will ensure that counseling offices and services will be accessible to persons with disabilities, or have a referral list for clients that need accessibility if its building does not provide access. If Contractor does not provide translation services, it must access translation services through Language Line Solutions using IHCDA's account, as detailed in Exhibit E, attached hereto and fully incorporated herein. Bul American Act. To the greatest extent practicable, all equipment and products purchased with funds under this Contract shall be in compliance with the requirements of the Buy American Act (41 U.S.C. § 10). Clean Air Act. If the total consideration set forth in Section 2 of this Contract exceeds $100,000.00, the Contractor agrees to comply with all applicable standards, orders or regulations pursuant to the Clean Air Act (42 U.S.C. § 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251 et seq.). Cooperation. The Contractor agrees to comply with the quality control and compliance measures consisting of site visits, file audits, and other measures to ensure compliance. By entering into this Contract the Contractor agrees to cooperate with quality control and compliance efforts of IFPN which include: A. Standard compliance reviews of program operations and counseling files for clients reported to IFPN, in which reviews are conducted on -site or remotely; Additional client file reviews and site visits, in which files are selected at random for remote compliance reviews of specific client files; and/or Special compliance reviews that are performed when NeighborWorks America receives reports of non- compliance or has concerns about IFPN program management or financial management. The Contractor agrees to fully cooperate with IHCDA, NeighborWorks America, or the authorized representative, agent, or third -party contractor of either entity during compliance audits and agrees to {00028595-1) Page 16 of 39 allow them to cone onto the site of the Contractor and to conduct a full review of compliance with IFPN requirements. Iticheible Expenses. The Contractor shall promptly repay IHCDA, out of non-federal resources, for any funds under this Contract that it utilizes for expenses that are deemed "ineligible" and/or "improperly documented" by any of the following: IHCDA, NeighborWorks America, IFPN Counselor Resource Guide, or this Agreement. In addition, the Contractor is prohibited from receiving payment under this Contract for any counseling activities for which it has billed, is planning to bill, or has received payment from the U.S. Department of Housing or Urban Development ("HUD") or vice versa. Accordingly, any such expenses shall be deemed "ineligible". If the Contractor receives payment from a client through the IFPN, it is not allowed to receive funds for that client through the MHA Outreach and Intake Project, or vice versa. The Contractor shall not submit subordinate liens for a homeowner whose primary Iien was already service by the Contractor previously and where there is no significant change in circumstance for the borrower or change in work-out options available to the borrower, nor should the Contractor resubmit clients that it has taken longer than expected to counsel or to receive a final outcome. Tenants, heirs, owners who do not have a mortgage on the subject property, and owners (including investors) who do not live in the subject property are not eligible to receive counseling through IFPN. No IFPN funds may be provided directly to lenders or homeowners to discharge outstanding mortgage balances or for any other direct debt reduction payments. These funds may only be used to assist owner -occupants of one -to -four -unit properties. Mandatory Disclosure to Clients. The Contractor shall provide all clients a disclosure statement that explicitly describes the various types of services provided and any financial relationships between the Contractor and any other industry partners. The disclosure must clearly state that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. The Contractor must allow client access to its privacy policy statement and document receipt of the privacy statement in the client's file. National Industry Standards Code of Ethics and Conduct and Minimum Standard Activities for Foreclosure Intervention and Default Counseling. The Contractor hereby certifies that all counselors performing services under this Agreement have signed the National Industry Standards Code of Ethics and Conduct. If Contractor is not a HUD - approved housing counseling agency, it certifies that it meets or exceeds HUD's housing counseling approval requirements. The Contractor certifies that all work performed under this Contract will meet the Minimum Standard Activities for Foreclosure Intervention and Default Counseling. If the Contractor is a HUD -approved housing counseling it must be in good standing with HUD. "Not in good standing" is defined as a failure to comply with the laws and regulations that govern the IIUD housing counseling program, or the inability of the Contractor to draw down HUD housing counseling grant funds for any reason. IF the Contractor has received Housing Counseling grants from HUD in the past are "not in good standing" unless they (a) continue to be a HUD -Approved Counseling Agency and (b) are not under investigation(s) by HUD for possible noncompliance that have resulted in funds being withheld by HUD. 100028595-11 Page 17 of 39 Political Activi If the total consideration set forth in Section 2 of this Contract exceeds $100,000.00, the Contractor hereby certifies that it will not and has not used these funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or other award covered by 31 U.S.C. § 1352. Public Statements, Press Releases, and Media. Contractor acknowledges that IHCDA is solely responsible for all public statements, press releases and media related to IFPN and the services provided by Contractor under this Contract. Contractor shall (a) distribute the marketing material provided by IHCDA at the times and according to the instructions given by IHCDA; (b) promptly refer all media inquiries on IFPN or the Contract to IHCDA; (c) immediately contact IHCDA with any questions about media or marketing materials; (d) not alter the marketing materials provided by IHCDA; (e) not contact media (traditional or otherwise) regarding IFPN or this Contract; and (0 not create marketing materials related to IFPN or the Contract. Breach of this Section may be deemed a material breach of this Contract and grounds for immediate termination and denial of further work with IHCDA. Client Fees. To ensure no financial barriers would prohibit clients from receiving foreclosure mitigation counseling services through IFPN, the Contractor agrees not to charge fees (service fees, membership fees or otherwise) to any foreclosure or delinquency counseling clients in exchange for foreclosure counseling services. Contractor may charge a nominal fee for pulling credit reports if the cost does not deter clients from seeking counseling. Conflicts of Interest. The Contractor must ensure that staff and volunteers who provide foreclosure intervention counseling services under IFPN do not have any conflicts of interest due to relationships with servicers, real estate agencies, mortgage lenders, and/or other entities (including itself) that may stand to benefit from particular assistance outcomes. Good Standing. The Contractor must be currently authorized to do business in all states where it proposes to provide counseling services and the Contractor has current certificates of good standing in all states in which it operates. Duplicate Client Reset. Any client who received counseling services prior to January 1, 2016 will be eligible to be counseled again by the Contractor on or after January 1, 2016 at any level. The duplicate reset only applies to level I and 2 clients. Contractor will be required to document that the client received the appropriate level of service again, after January 1, 2016 and all current required documentation is maintained in the client file, with the new intake date. In order for a client to be uploaded into the Data Collection System for payment, the homeowners must have received a new counseling session after January 1, 2016 and all required documentation must be updated as of the new intake date and recorded in the {00028595-11 Page 18 of 39 client file. The Contractor cannot submit subordinate liens for a homeowner whose primary lien was already serviced by the counselor previously and where this is not a change in circumstance for the borrower or change in workout options available to the borrower, nor should the Contractor resubmit clients who have on -going cases without any substantial change in circumstances and that have already been filled in a previous round of funding. Client Riebts. In order to keep as many options as possible available to clients, the Contractor must not engage in exclusivity agreements with clients seeking foreclosure or delinquency counseling or interested parties such as servicers or lenders, not shall they otherwise engage in practices which exclude other counseling agencies from working with its clients or its clients' servicers or lenders, should the client willingly seek assistance from another organization. Indirect Cost Rate. According to 2 CFR 200.414(f), the Contractor may charge a de minimis rate of 10% of modified total direct costs (MTDC). As described in 2 CFR 200.403, Factors affecting allowability of costs, costs must be consistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. If chosen, this methodology once elected must be used consistently for all Federal awards until such time as the Contractor chooses to negotiate a rate, which the Contractor may apply to do at any time. A proposal to establish a cost allocation plan or an indirect (F&A) cost rate, whether submitted to a Federal cognizant agency for indirect costs or maintained on file by the Contractor, must be certified by the Contractor using the Certificate of Cost Allocation Plan or Certificate of Indirect Costs as set forth in Appendices III through VII, and Appendix IX in 2 CFR part 200. The certificate must be signed on behalf of the Contractor by an individual at a level no lower than vice president or chief financial officer of the Contractor. Internal Controls. The Contractor must: A. Establish and maintain effective internal control over federal funds that provides reasonable assurance that the Contractor is managing federal funds in compliance with Federal statutes, regulations, and the terms and conditions of the federal funding. These internal controls should be in compliance with guidance in "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States or the "Internal Control Integrated Framework", issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). Comply with Federal statutes, regulations, and the terms and conditions of federal funds. Evaluate and monitor the Contractor's compliance with statutes, regulations and the terms and conditions of the federal funds. Take prompt action when instances of noncompliance are identified including noncompliance identified in audit findings. {00028595-11 Page 19 of 39 Take reasonable measures to safeguard protected personally identifiable information and other information that IHCDA or HUD designates as sensitive or the Contractor considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. Conflict of Interest Disclosure. The Contractor must disclose in writing any potential conflict of interest to IHCDA. Mandato Disclosure. The Contractor must disclose, in a timely manner, in writing to IHCDA all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Award. The Contractor's failure to make these disclosures may subject to the Contractor to remedies of non- compliance set forth in 2 CFR 200.338. If the total value of the Contractor's currently active grants, cooperative agreements, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then the Contractor must maintain the currency of information reported to the ,System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this award term and condition. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law I 1I- 212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available. Closeout. A. The Contractor must submit, no later than thirty (30) days after closeout of the program or termination of this Agreement Date, all financial, performance information and other information as required by the terms and conditions this Agreement. The closeout of a Federal award does not affect any of the following: 1. The right of IHCDA to disallow costs and recover funds on the basis of a later audit or other review. The obligation of the Contractor to return any funds due as a result of later refunds, corrections, or other transactions including final indirect cost rate adjustments. Audit requirements in subpart F of 2 CFR part 200. Recordkeeping and record retention requirements set forth herein. Exhibits. Exhibits A, B, C, D, E, and F attached hereto, are fully incorporated herein. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] {00028595-1) Page 20 of 39 {oo028595-1) Page 24 of 39 74 EXHIBIT A NETWORK AGENCY SERVICES AND RESPONSIBILITIES The Contractor shall serve as a trusted advisor to borrowers who are in default and facing foreclosure and who are referred to the Contractor by the Indiana Foreclosure Prevention Network ("IFPN"). The goal of the Contractor is to identify and attain the optimal housing solution for the IFPN client while averting a foreclosure. Contractor shall provide the services described herein in compliance with the standards and guidelines for the IFPN contained in the IFPN Participant Manual (the "Manual"), which is incorporated herein by reference. The Contract to which this Exhibit is attached provides additional payment levels for the following services: Any client who received Level I and 2 counseling services prior to January 1, 2016 will be eligible to be counseled again at any level. Level One Counseling: (Action Plan Development) To qualify for a Level One payment ($150.00), Contractor will be required to complete all of the following steps; 1. Intake. The Contractor must conduct an intake including client name and address, basic demographic information, lender and loan information, and reason for delinquency. The National Industry Standards for Homeownership Education and Counseling — Foreclosure Intervention Specialty ("Standards") provide guidance on what should be included in an Intake Form (See www.nw.org/nfinc). It is recommended, but not required, that contact information for one additional person is collected at intake in the event that client moves or is otherwise unable to be reached following initial intake. Contractor may conduct intake in a variety of ways. Those that use electronic client management systems can submit a screenshot from their system showing that the minimum required information has been collected. The Contractor must ensure that the information is readily available in the client file when requested by IHCDA or NFMC. 2. Authorization, The Contractor must collect a signed authorization form from the client or have other legally -permissible client authorization on record that will allow Contractor to (a) submit client -level information to the data collection system ("DCS"), (b) allow IHCDA and NFMC. to open files to be reviewed for program monitoring and compliance purposes, and (c) allow IHCDA and NFMC to conduct follow-up with client related to program evaluation. Clients may opt out of (c) above only, but proof of this must be retained in the client's file. Clients that opt out of (a) or (b) above cannot be uploaded into the DCS. Files uploaded in to the DCS without a signed authorization can create a legal liability, therefore the Contractor must ensure client files submitted to the DCS have a signed authorization form in the client file. Contractor is responsible for performing counseling within the limits of the laws in the State of Indiana. 3. Disclosure. Contractor must provide to all clients a disclosure statement. The disclosure statement must explicitly describe the various types of services the Contractor provides and any financial relationships between the Contractor and any other industry partners. The disclosure must state clearly that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. This must be presented to the client at the time of counseling. Proof that the client received the disclosure must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. €00028595-1) Page 23 of 39 4. Privacy Policy.' Contractor must provide to all clients a copy of its privacy policy. Proof that the client received the policy must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. Although it is a best practice to provide the client with the privacy policy at the time of counseling, the Contractor may elect to share the privacy policy after the counseling occurs. If that is the case, Contractor must keep on file proof that the policy was sent to the homeowner via e-mail, fax, or postal mail. Having access to the privacy policy on Contractor's website does not satisfy this requirement unless there is affirmative confirmation and documented proof that the client has reviewed the policy.in the file. Clients that choose too t-out and not share their information with affiliated third -parties cannot be uploaded into the DCS for payment. 5. Budaet. Contractor must develop a budget for each client based on client's oral representation of their expenses, debts, and available sources of income. One example of a worksheet Contractor may use to develop this budget can be found on the NFMC members' website at www.nfmcmembers.org. 6. Action Plan. Contractor must develop a written Action Plan for follow-up activities to be taken by the client and review this Action Plan with the client. The Action Plan must be clearly labeled in the client file. When developing this Action Plan, it is expected that the Contractor will do a comprehensive analysis of the homeowner's situation and recommend a best plan of action. The Action Plan must include the counselor's assessment of the client's situation with a client -specific recommendation for a counseling plan of action. A general handout with a variety of workout options or "Actions" is not acceptable. If the assessment and recommendation are part of the counselor notes, IHCDA requires that the information is transferred to a form titled Action Plan so that the assessment and course of action are clearly defined for the client and for compliance testing. The National Industry Standards provide guidance on what should be included in an Action Plan. (See www.nw.org/nfmc) NFMC has also created a template Action Plan which is available on the NFMC members' website; use of this template is not required. However, Contractor must have a conforming Action Plan in each client file. 7. Making Home f fordrrble Pro ram Eligibility. Contractor must determine and document if client is eligible for assistance through the Making Home Affordable Program. Documentation that a screening occurred for each type of available assistance listed below. Available products in the MHA are subject to changes mandated by the U.S. Department of Treasury, the administrators of MHA. Types of assistance offered through the Making Home Affordable Program are; a. Refinance. Contractor must determine and document eligibility by requesting information and analyzing if. (a) client is the owner occupant of a one- to four -unit property (required by the NFMC Program, not HARP); (b) loan is a first lien, conventional mortgage that is owned or guaranteed by Fannie Mae or Freddie Mac --- counselor will verify this by checking the GSE's web look -up tools; (c) the client is current on mortgage (client hasn't missed more than one payment in the last 12 months and has not missed any payments in the past 30 days); (d) the client must have a source It is acceptable for Contractor to combine the Authorization Form, Disclosure Statement, and Privacy Policy into a single document which the client signs and the Contractor maintains in the client file. (00028595-1) Page 24 of 39 income; and (e) the refinance improves the long-term affordability or stability of the loan. b. Modification. Contractor must determine and document eligibility by requesting information and analyzing if: (a) the mortgage loan is a first lien mortgage loan originated on or before January 1, 2009; (b) the mortgage has not been previously modified under the Home Affordable Modification Program ("HAMP"); (c) the borrower has experienced a hardship that has caused the mortgage loan to become delinquent or default is reasonably foreseeable; (d) the property securing the mortgage loan is not vacant or condemned; (e) the mortgage loan is secured by a one- to four -unit property, one unit of which is the borrower's principal residence; (f) if client's front end debt -to -income ("DTI") ratio is greater than 31 %; and (g) the current unpaid principal balance of the mortgage is less than $729,750.00 for a one -unit property, $934,200.00 for a two -unit property; $1,129,250.00 for a three -unit property; and $1,403,400 for a four -unit property. c. FHA Loans. Contractor must determine and document eligibility by requesting information and analyzing if: (a) the client is the owner of a one- to four -unit home; (b) the client has income sufficient to support the new mortgage payments; and (c)) the client has surplus income that is not more than 15% of his or her net income. d. Short Sale and Deed In-Liett. Contractor must determine and document eligibility for the Home Affordable Foreclosure Alternatives (HAFA) program by requesting information and analyzing if; (a) client is or has been the owner occupant of a one to four -unit property sometime during the last 12 months; (b) the homeowner has not purchased a new property within the last 12 months; (c) because of a financial hardship, the homeowner is delinquent or default is reasonably foreseeable (for Service Members, this may include a Permanent Change of Station (PCS) order); (d) the mortgage loan is a first lien mortgage loan originated on or before January 1, 2009; (e) the current unpaid principal balance of the mortgage is less than $729,750 for a one -unit property, $934,200 for a two -unit property; $1,129,250 for a three -unit property; and $1,403,400 for a four - unit property; or (f) the borrower has either been evaluated for a modification but is not eligible or has been informed that modification may be an option and has elected to pursue a short sale or deed -in -lieu instead. When reporting for Level One counseling activities, all seven of these completed documents must be in the client's file: intake, authorization, disclosure, privacy policy, budget, Action Plan, and MHA eligibility determination. The Contractor must certify that all NFMC clients are owner -occupants of their homes at the time they receive counseling. By existing statute, NFMC clients must be owner -occupants of single-family (one -to four - unit) properties with mortgages in default or in danger of default. The Contractor cannot receive payment for a client until after all the required actions for the level have occurred and have been documented accordingly. Level Two: Counseling: (Action Plan Implementation) To qualify for a Level Two payment $300.00 Contractor will be required to complete the following steps: {00028595-1) Page 25 of 39 1. Authorization. If not already on file, Contractor must collect a signed authorization form from the client or have other legally -permissible client authorization on record that will allow the Contractor to (a) submit client -level information to the DCS for this grant, (b) allow IIICDA and NFMC to open files to be reviewed for program monitoring and compliance purposes, and (c) allow IHCDA and NFMC to conduct follow-up with client related to program evaluation. Clients may opt -out of (c) above only, but proof of this opt -out must be retained in the client's file. Clients that opt out of (a) or (b) above cannot be uploaded into the DCS. Files uploaded in to the DCS without a signed authorization can create a legal liability, therefore the Contractor must ensure client files submitted to the DCS have a signed authorization form in the client file. Contractor is responsible for performing counseling within the limits of the laws in the State of Indiana. 2. Disclosure. Contractor must provide to all clients a disclosure statement. The disclosure statement must explicitly describe the various types of services the Contractor provides and any financial relationships between the Contractor and any other industry partners. The disclosure must state clearly that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. This must be presented to the client at the time of counseling. Proof that the client received the disclosure must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. 3. Privacy Policy.2 Contractor must provide to all clients a copy of its privacy policy. Proof that the client received the policy must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. Although it is a best practice to provide the client with the privacy policy at the time of counseling, the Contractor may elect to share the privacy policy after the counseling occurs. If that is the case, Contractor must keep on file proof that the policy was sent to the homeowner via e-mail, fax, or postal mail. Having access to the privacy.olic on Contractor's website does not satisfy this requirement unless there is affirmative confirmation and documented proof that the client has reviewed the policy in the file. Clients that choose toopt-out and not share their information with affiliated third -parties cannot be uploaded into the DCS for payment. 4. Budget Verification. Contractor must engage in budget verification during which s/he reviews documented evidence provided by the client to establish true debt obligations (e.g., credit report), monthly expenses (e.g., monthly bills, bank statements, mortgage statement, credit card statement, utility bill) and spending patterns, and realistic opportunities for income (e.g., tax returns, pay stubs, profit and loss statement, third party verification). Note: a credit report alone does not satisfy the budget verification requirement. Contractor should collect verification of all income, expenses, and debt as stated by the client (must be within previous 30 days). A credit report alone does not satisfy the budget verification requirement. S. Verification of Action Taken. Contractor should take a ro riate actions upon the steps outlined in the written Action Plan (created during Level One). Contractor must have documented evidence of "action" taken on behalf of the client. This requires more than the I It is acceptable for Contractor to combinc.the Authorization Form, Disclosure Statement, and Privacy Policy into a single document which the client signs and the Contractor maintains in the client file. {00028595-1) Page 26 of 39 counselor's notes; it also requires documentation that the action tools place. This could include, but is not limited to, the following: a. Draft and submit hardship letter to servicer that describes the client's situation, reason for delinquency, factors that should be considered when developing a workout plan, and an estimate of the housing cost the client can afford to pay. Contractor must keep on file a copy of the fax transmission report, e-mail, portal transmission screenshot, or postal mail receipt as evidence that this was submitted to servicer. b. Document an attempt to contact the servicer or lender via fax transmission receipt, e-mail, or postal mail receipt. if a workout is possible, fill out and submit forms required by the service to move forward with a workout plan, loan modification or other available program and maintain proof that these were submitted in the client file (fax transmission receipt, e- mail, portal transmission screenshot, or postal mail). E-mail contact information for servicers who have made such information is available on www.nw.org/nfine. c. Complete and submit application for local resource options including refinance programs or rescue funds and document that referral took place via fax transmission receipt, e-mail, or postal mail receipt. d. Assist in situations where client elects to pursue sale options and document the assistance that took place and communication with industry partners via fax transmission report, e- mail portal transmission screenshot, or postal mail. A referral list of realtors for a short sale, or other sale options, must include at least three realtors and the client's signature stating they received the list. This signed referral list should be retained in the file. Please note that referring a client back to the servicer/lender is not considered a referral. e. Collecting and transmitting documentation required for Making Home Affordable Program refinance or modification decisions, if that is what Action Plan dictates. Contractor should keep on file a copy of the fax transmission report, e-mail, portal transmission screenshot, or postal mail receipt as evidence that this was submitted or servicer. Note: Neither Counselor Notes nor telephone logs satisfy the requirement for documenting Verification. of Action Taken, as neither provide verifiable proof that any action took place. Fax transmission sheets, e-mails, mail receipts, screenshots of portal communication, or other verification that action took place is required to be retained in the client's file. When reporting for Level Two counseling activities, all five of these completed documents must be in the client's file: authorization, disclosure, privacy policy, budget verification, and verification of action taken based on the Action Plan. The Contractor moist certify that all NFMC clients are owner -occupants of their homes at the time they receive counseling. By existing statute, NFMC clients must be owner -occupants of single-family (one -to four -unit) properties with mortgages in default or in danger of default. Note: Starting with Round 3, NFMC no longer has a "Level Three" counseling designation. Clients that would previously have been reported as Level Three should now be reported twice — once at Level One, and once at Level Two. {00028595-1) Page 27 of 39 Treasury Directive 13-08 now allows payments to be made to counseling agencies for providing post -modification counseling in certain circumstances; Clients that would previously have been resorted as "Level_ Four" should now only be reported as "Level Four" if they have a Government Sponsored Enti "GSE" loan or loan owned or euaranteed by the Veterans Administration "VA" the Department of A riculture's Rural Housing Service "RHS" or the Federal Housing Administration ("FHA"). If the Contractor participates as a referral agency that receives compensation for providing post -modification counseling for Fannie Mae or Freddie Mac it must not report those same clients as NFMC "Level Four" clients, Level 4 Counseling: Mahine Home Affordable/Post-Mitigation Counseling Borrowers with a trial loan modification or permanent loan modification under the Home Affordability Modification Program ("FIAMP") who need post -modification financial counseling and have a Government Sponsored Entity Loan, or loan owned or guaranteed by the Veterans Administration ("VA"), the Department of Agriculture's Rural Housing Service ("RHS"), or the Federal Housing Administration ("FHA") are eligible for Level Four counseling. If a borrower contacts the Contractor for counseling or is referred by a services or other agency, the Contractor will work with the borrower to submit an intake package to the servicer. This counseling must conform to Level One and Level Two counseling requirements. If the borrower does receive a trial loan modification or permanent loan modification under RAMP from a compliant loan source, the Contractor can provide the borrower with Level Four counseling, as described in the Counseling Protocol that can be found on the NFMC Program members' site. The Contractor cannot receive payment for a client until after all the required actions for the level have occurred and have been documented accordingly. Level 4a Counseling_ (Initial Making Horne Affordable Counseling) To qualify for a Level 4a payment ($300.00), the Contractor will be required to complete all of the following steps: 1. Verification of Client Loan Source. The Contractor must provide documentation that verifies the client's loan source is GSE, RHS, FHA, or VA. Documentation can include but is not limited to a screenshot from the Malting Home Affordable website loan look -up tool, or from .Fannie or Freddie's loan look -up tool. Additional tools for specific loan types can include but is not limited to: For VA loans, VA can research loans by using either the social security number or the loan identification number. Counselor can send an authorization form to obtain required documentation. ■ For FHA loans, a FHA Connection printout with loan information can be used. HUD-1 (Homeowner's HUD I will have this information) 2. Trial or Permanent Loan Modification Verification. Organization shall keep on file documentation that proves the client currently has a trial loan modification or permanent loan modification. This can include but is not limited to the trial modification agreement, or a letter (e-mail will suffice) from the servicer documenting the trial modification. {00028595-1) Page 28 of 39 3. Authorization. Contractor must collect a signed authorization form from the client or have other legally -permissible client authorization on record that will allow organization to (a) submit client -level information to the DCS for this grant, (b) allow IHCDA and NFMC to open files to be reviewed for program monitoring and compliance, and (c) allow IHCDA and NFMC to conduct follow-up with client related to program evaluation. Clients may opt -out of (c) above only, but proof of this opt -out must be retained in the client's file. Clients that opt out of (a) or (b) above cannot be uploaded into the DCS. Files uploaded in to the DCS without a signed authorization can create a legal liability, therefore the Contractor must ensure client files submitted to the DCS have a signed authorization form in the client file. Contractor is responsible for performing counseling within the limits of the laws in the State of Indiana. 4. Disclosure. Contractor must provide to all clients a disclosure statement. The disclosure statement must explicitly describe the various types of services the Contractor provides and any financial relationships between the Contractor and any other industry partners. The disclosure must state clearly that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. This must be presented to the client at the time of counseling. Proof that the client received the disclosure must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. 5. Privacy Poliey.3 Contractor must provide to all clients a copy of its privacy policy. Proof that the client received the policy must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. Although it is a best practice to provide the client with the privacy policy at the time of counseling, the Contractor may elect to share the privacy policy after the counseling occurs. If that is the case, Contractor must keep on file proof that the policy was sent to the homeowner via e-mail, fax, or postal mail. Having access to the privacy policy on Contractor's website does not satisfy this requirement unless there is affirmative confirmation and documented proof that the client has reviewed the policy in the file. Clients that choose to opt -out and not share their information with affiliated third -parties cannot be uploaded into the DCS for payment. b. Budget Verification. Contractor must engage in budget verification during which s/he reviews documented evidence provided by the client to establish true debt obligations (e.g., credit report), monthly expenses (e.g., monthly bills, bank statements, mortgage statement, credit card statement, utility bill) and spending patterns, and realistic opportunities for income (e.g., tax returns, pay stubs, profit and loss statement, third party verification). Contractor should collect verification of all income, expenses, and debt as stated by the client (must be within previous 30 days). Note: a credit report alone does not satisfy the budget verification requirement; sources of income are also required to be retained in the client's file. 7. Documentation of DTL Using the verified budget, the Contractor will calculate the back end debt -to -income ("DTI") ratio. The back end DTI ratio is the ratio of the borrower's total monthly debt payments to the borrower's Monthly Gross Income. A standard for calculating back end DTI is included in the Counseling Protocol on NFMC's members' website. A document indicating the calculation must be in the file, as well as evidence of income and 3 It is acceptable for Contractor to combine the Authorization Form, Disclosure Statement, and Privacy Policy into a single document which the client signs and the Contractor maintains in the client file, {00028595-1) Page 29 of 39 debt. A credit report is not sufficient to calculate the DTI ratio, as income must also be validated. 8. 4a Action Plan. Contractor will create an Action Plan which includes a timeline to eliminate unnecessary debt, minimize expenses, increase income, and increase savings. In addition, the Action Plan should include a plan for staying current on the trial or permanent loan modification as well as any applicable referrals. Different from a Level One Action Plan, the 4a Action Plan is focused on how the client can maintain the trial modification and manage his/her budget. If these items are part of the counselor's notes, NFMC requires that the information be transferred to a form titled 4a Action Plan so that the assessment and course of action are clearly defined for the client and for compliance testing. 9. Counsel on Stavine Current. Contractor must discuss terms of mortgage and how to stay current -- even if/when rate resets, explain the incentive component and that if the client redefaults s/he will be terminated from the program. A loan will be considered to have redefaulted when the borrower reaches a 90-day delinquency status under the Mortgage Banker Association delinquency calculation. Note: in order to successfully complete the initial trial period (at minimum three payments at modified terms), a borrower must be current by the third payment. 10. Referrals. Refer to job training or referral programs if applicable. 11. Date of Follow -Up Meeting_ Establish follow-up schedule with borrower, with at least one additional appointment, as required by the Action Plan. It is expected that a client will notify their counselor if they have a significant change in circumstances. During the follow-up meeting, the Contractor must discuss terms of mortgage and how to stay current- even if/when the interest rate resets, explain the incentive component and explain that if the client re -defaults s/he will be terminated from the program. A loan will be considered to have re - defaulted when the borrower reaches a 90-day delinquency status under the MBA delinquency calculation. Documentation to validate this requirement can include, but is not limited to, a letter to the client scheduling the appointment or detailed counselor notes that indicate the date of the next appointment and the requirements of the client for the next appointment. In order to report a client as having received Level 4a counseling, the following documents must be in the client's file: verification of client loan source, trial or permanent loan modification verification, authorization, disclosure, privacy policy, budget verification, documentation of back end DTI, Action Plan that would include applicable referrals, and date of follow-up meeting. The Contractor must certify that all NFMC clients are owner -occupants of their homes at the time they receive counseling. By existing statute, NFMC clients must be owner -occupants of single-family (one- to four -unit) properties with mortgages in default or in danger of default. The Contractor is responsible for ensuring proper documentation exists in client files. The Contractor cannot receive payment for a client until after all the required actions for the level have occurred and have been documented accordingly. Level 4b Counseling: (Counseling) Level 4b ($150.00) can only be reported when a Level 4a client has completed one follow-up session and the following documents are in the file: {00028595-1} Page 30 of 39 1. Authorization. If not already on file, Contractor must collect a signed authorization form from the client or have other legally -permissible client authorization on record that will allow the Contractor to (a) submit client -level information to the DCS for this grant, (b) allow IHCDA and NFMC to open files to be reviewed for program monitoring and compliance, and (c) allow IHCDA and NFMC to conduct follow-up with client related to program evaluation. Clients may opt -out of (c) above only, but proof of this must be retained in the client's file. Clients that opt out of (a) or (b) above cannot be uploaded into the DCS. Files uploaded in to the DCS without a signed authorization can create a legal liability, therefore the Contractor must ensure client files submitted to the DCS have a signed authorization form in the client file. Contractor is responsible for performing counseling within the limits of the laws in the State of Indiana. 2. Disclosure. Contractor must provide to all clients a disclosure statement. The disclosure statement must explicitly describe the various types of services the Contractor provides and any financial relationships between the Contractor and any other industry partners. The disclosure must state clearly that the client is not obligated to receive any other services offered by the Contractor or its exclusive partners. This must be presented to the client at the time of counseling. Proof that the client received the disclosure must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. 3. Privacy Policy.4 Contractor must provide to all clients a copy of its privacy policy. Proof that the client received the policy must be maintained in the file. Such proof can include a statement signed by the homeowner or an electronic signature, if applicable. Although it is a best practice to provide the client with the privacy policy at the time of counseling, the Contractor may elect to share the privacy policy after the counseling occurs. If that is the case, Contractor must keep on file proof that the policy was sent to the homeowner via e-mail, fax, or postal mail. Having access to the privacy policy on Contractor's website does not satisfy this requirement unless there is affirmative confirmation and documented proof that the client has reviewed the olic in the file. Clients that choose too t-out and not share their information with affiliated third -parties cannot be uploaded into the DCS for payment. 4. Documentation of DTI. Using the verified budget, the Contractor will calculate the back end DTI ratio. The back end DTI ratio is the ratio of the borrower's total monthly debt payments to the borrower's Monthly Gross Income. A standard for calculating back end DTI is included in the Counseling Protocol on the NFMC members' website. A document indicating the calculation must be in the file, as well as evidence of income and debt. A credit report is not sufficient to calculate the DTI ratio, as income must also be validated. 5. Update on Verified Budget. Contractor will document borrower's ability to keep to crisis and/or long-term budget whichever was discussed during Level 4a counseling. This can include but is not limited to; new documentation to verify budget, mortgage statement or credit report showing timely payments to the trial modification or a copy of the client's permanent modifications dated after the initial Level 4a counseling session. It is acceptable for Contractor to combine the Authorization Form., Disclosure Statement, and Privacy Policy into a single document which the client signs and the Contractor maintains in the client file. {00028595-1) Page 31 of 39 6. Status of Borrower's Modified Loan. Contractor must verify status of borrower's payment(s) on modified loan. Proof of this includes, but is not limited to, a current mortgage statement that details the status of the client's payments, communication from the services regarding the loan, or a copy of the credit report verifying the client's timeliness of payments. 7. Progress against Action Plan. Contractor must document borrowers' progress against the Action Plan developed during the first visit. Counselor notes or narrative could meet part of this requirement, as could a credit report pulled to ensure the client is paying their debt(s) on time. An updated crisis or long-term budget reflecting that the client is on track will also meet part of this requirement, but the Contractor must also address specific steps in the Action Plan and if the client has met them. If a narrative is used, it should be clear that it is pertaining to the progress against the Action Plan. In order to report a client as having received Level 4b counseling, the following documents must be in the file: authorization, disclosure, privacy policy, documentation of DTI, update on verified budget, status of borrower's modified loan, and progress against Action Plan. The Contractor must certify that all NFMC clients are owner -occupants of their homes at the time they receive counseling. By existing statute, NFMC clients must be owner -occupants of single-family (one- to four -unit) properties with mortgages in default or in danger of default. The Contractor is responsible for ensuring proper documentation exists in client files. The Contractor cannot receive payment for a client until after all the required actions for the Ievel have occurred and have been documented accordingly. Maximum Pavout: If the client has a back -end DTI ratio at or above 55%, the Contractor is eligible to receive a maximum payout of $450.00 (the sum of Level 4a and Level 4b fees). If the client does not have a back -end DTI ratio at or above 55%, the Contractor is eligible to receive a maximum payout of $450.00 (the sum of Level I and Level 2). Level 4a and Level 4b services are the Making Home Affordable Program substitutes for Level 1 and Level 2 services, respectively, and as such, the Contractor is never eligible to receive any combination of Level 1 and 2 fees with Level 4a and 4b fees. Termination of Counseling: The Contractor must document every termination of counseling. Termination occurs or may occur under any of the following conditions: 1. Counselor has made three attempts to contact the client, issued an "Unable to Reach" letter, and has not heard back from the client within 31 days of the date the letter was issued; 2. Client meets his or her housing needs or resolves the housing problem; 3. Counselor determines that further counseling will not meet the client's housing needs or resolve the client's housing problem; 100028595-11 Page 32 of 39 4. Client terminates the counseling without resolving the housing problem; 5. Client does not follow the agreed -upon counseling and Action Plan; or 6. Client repeatedly fails to appear for counseling appointments. {00028595-1) [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 33 of 39 EXHIBIT B FEESCHEDULE For performing the services required by the Contract to which this Exhibit B is attached and in accordance with Exhibit A to IHCDA's satisfaction, Contractor will be paid according to the following fee schedule. Unless otherwise indicated in the schedule, Contractor is responsible for any and all expenses incurred in rendering its services under this Contract. Claims shall be submitted once per month via the IHCDAonline.com system. FEE PAYABLE PROCESS Submit the following required documentation and invoice by the fifth (P) day of each month: I. Intake form; 2. Authorization form; $150.00/client Completion of 3. Disclosure form; Level 1 4. Privacy policy; 5. Household budget; 6. Action Plan; 7. MHA eligibility determination; and 8. Certification that each client is an owner -occupant of his or her home. Submit the following required documentation and invoice by the fifth (P) day of each month: 1. Authorization form; 2. Disclosure form; 3. Privacy policy; 4. Verified household budget; Completion of 5• Verification of action taken based upon Action Plan. $300.00/client Level2 (Neither Counselor Notes nor telephone logs satisfy the requirement for documenting Verification of Action Taken, as neither provides verifiable proof that any action took place. Fax transmission sheets, e-mails, mail receipts, screenshots of portal communication, or other verification that action took place is required to be retained in the client's file.); and 6. Certification that each client is an owner -occupant of his or her home. {00028595-1) Page 34 of 39 Submit the following required documentation and invoice by the fifth (5th) day of each month: 1. Verification of client loan source; 2. Trial or Permanent Loan Modification Verification; 3. Authorization Form; 4. Disclosure Form; 5. Privacy Policy; 6. Verified Household Budget; $300.00/client Completion of 7. Documentation of back end DTI ratio; Level 4a 8. Action Plan (If these items are part of the counselor's notes, NFMC requires that the information be transferred to a form titled 4a Action Plan so that the assessment and course of action are clearly defined for the client and for compliance testing.); 9. Counsel on Staying Current; 10. Referrals; 11. Date of follow-up meeting; and 12. Certification that each client is an owner -occupant of his or her home. Submit the following required documentation and invoice by the fifth (5th) day of each month: I . Authorization Form (if not already on file); 2. Disclosure Form; Completion of 3• Privacy Policy; $150.00/client Level 4b 4. Documentation of back -end DTI at time of second appointment; 5. Update on Verified Household Budget; 6. Status of client's modified loan; 7. Progress against the Action Plan; and 8. Certification that each client is an owner -occupant of his or her home. Program 3 installments, Administration sum total not to exceedAdministration Each month, submit invoice for 1/3 of Program Fee - Not to Budget amount ($1,107.00), provided exceed 19.25% AdmProgram iContractor Admnistration submitted claims in the corresponding of the Contract Budget amount month total. of $1,107.00. Unless modified in writing and signed by the parties in the same manner as the Contract to which this Exhibit B is attached, the total amount of fees under this Contract shall not exceed Five Thousand Seven Hundred Fifty and 00/100 Dollars ($5,750.00). (00028595-11 Page 35 of 39 (00028595-1) EXHIBIT C FEDERAL FORM W-9 REQUEST FOR TAXPAYER IDENTIFICATION NUMBER AND CERTIFICATION HTTP://WWW.IRS.GOV/PtJB/IRS PDF/FW9.PDF Contractor to Fill Out Form on IRS Website and Attach Page 36 of 39 Form W- Request for 'Taxpayer Give Form to. the (Rev, gecember20f4) requester. Do not (e v. Pacember2Lie 14) identifiiration Numbor and Certification send to the IRS. internal Revenue Servloe 1 Narrle'(k shovin on your income tax return), Name Is requlrod on. Sues line, ao no[ ieaye mis fine oianiL GRY of S©uth Bend 2 Business name/dlsre9ardod entity name, If different from above N Ql N ❑ 3 Check appropriate box for federal tax alasslflaatfon check enfy one of the falloWing seven boxes: 4 Exemptions (codes apply only to cattalo apt€ties, not fndfviduels; see ° ° ❑ lndividuallsole proprietor or El Corporation El Corporation ❑ Partnership ❑ TrusUestate InslrQcltons'cn page 3): fir [ single -member LLC ❑ Limited Ilability company, Enter the tax olassitioallon (C=C corporation, S=S corporation, P=partnarshlp) F Exempt payee cods (if any) q Mote. Forx single -member LLC that Is disregarded, do not. check LLC: check the appropriate box in the line above for E~xemptton from FATCA reporting code (If a n y) +' the tax ctassifoelfott of the single member owner. ❑ Other(see instructtons)w Government wvea'., ro•�Wp�n; �yWmed ou ,Brr.0 etlsd .- S Address (number, street, and apt, or suite no,) Regdastor's nine and address (optiona) 227 W .Jefferson Blvd. 0 pity, state, and Z(pcode co South Send IN 46601 7 List .account numbers) here (optional) Taxpayer IdpntifjGati0 Nurhbf?Y irlN) Enter yburTlN in the appropriate I?Dx. 1he I IN provlaeo must maccn ute name grver r U r 11HU i w aver u - backup withholding. ale For individuals, Ibis is d generally your social security number (Sag). However, for a A m resident alien, sole proprietor, or disregarded entity, see the Para ] Instructions on page 3. For other entities, It is your employer identification number (M), If you do not have a number, see Now to get a TIN on pages. or Note. If the account is In more than one name, see the instructions for title 1 and the chart on page 4 for Employer identification nghrhar guidelines on whose number to enter, 3 5 _6 t) 0 1 2 4 1 ME Certification Linder penalties of perjury, t certify that; 1, The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b)1 have not been notified by the Internal Revenue Service (IRS) that 1 am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. '1 am a U.S. citizen oi' other U.S, persoh (defined below); and 4, The FATCA code(s) entered on this form (ffady) indicating that I am exempt from FATCA repotting is correct. certificationinstructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate tronsactfons, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, carioellatiorl of debt, oontdbutiofis to an individual retirement arrangement (IRA), and generally, payments Tither than interest and dividends, you ate not required to sign the certification, but you must provide your correct FIN. See the Instructions on page3: Sign r� 1 7t�.re U.S.fparson]" General instructions sentlon references are to the Internal Revenue Code Unless otherwise noted- Futura developtments. Information about developments affecting Form W-9 (such as legislation enacted efterwe release It) Is at www.frs.gov1AV9. Purpose of Form An individual or entity (Form W-9 requester) who Is required (o file an intormation return with the ins must obtain your cotrect taxpayer identification number (TIN) which may be, yoursoclaf security number (SSN), Individual, taxpayer idunlifcallon dumber (ITIN), adoption taxpayer Identlficilion number (AT]", or employer (dentlflcatlon number (FIN), to report on an Information return the amount paid to you, or other amount reportable on an infotmallon return. Examples of Information returns include, but are not limited to, the following: . Form 1009-INT(Infetest'earned or paid) Form 1099-DIV (dividends, Including those from stocks or mutual funds) • Form 1099-M€SC (various types of income, prizes, awards, or gross proceeds) ! Form 1099-B (etopk or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) + Form 109b-K (merchant nerd and third party network transactions) • Form 1CJ90 (home mortgage Interest),1 OBB-E (student loan interest). I05B-T (tultioh) • Form 1 o89-c (camelad debt) • Form i oue-A (acqu)s)tiort or abandonment of secured property) Use norm W-9 only If you are a U.S. person (including a res)dent alien), to provide your correct TK Ifyou do not return Form W-9 fo the requester With a TIN, you might be subject to hackup withholding. Sea What Is backup WIthhotding? on page 2, By signing the filled -put form, you: 1. Certfy that the TIN you qre giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you area U.S. exempt payee. I I applicable, you are also certifying that ass U.S'. person, yourallocable share of any parbtership Income from it US, trade or business is not subject to. the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (It any) Indicating that you are exempt from the FATCA reporting, is correol. See Whatis FATCAreportBlg7 on page 2 for further information. Cat. No.10231 X Form W-9 (RQv, 12-20i4) W �H W M 10 F-IAIo myy OMO f�0 C N c @ cy @ m O � = c� L ro C m C 14 — mnn N ti v clv r'v Cc 0 L @ - J @ Z a-CL CL 3 N Ci CD CO iD V Di 0a s V :s g ;O IO 1a A 8 A &3 N C W � O@� +}�pS� m Wl�Ip/ 122 ldrmel d4 tll 5 X S2 Q RJR R fl 1 Ili 1 t; eO N t( M -i g 8 GI W s 1- Cp La i; "ma�1yy is ,V �! V pp�� {{�� P; CV ��ppN�s; 'Q ,-N GOO M P] s ��pp� fit (p� pp V N f� pi CAG {m� :p V ryry Nla fi g gg�yq� � � � o o {'2 C m o as E ? m ro G i 5 a ? C`4 a y v al �' ° p N C ro ;.i m p 13 +� 6 z' 4 WM1 1-� 0. i✓L o H V1 i 6 O 00 t^� ro fi w 3 m a 12 41 M v0 - w rr--I IL a. m �.. V) 00 N O 0 EXHIBIT F STANDARDS FOR HOMEOWNERSHIP EDUCATION AND COUNSELING — FORECLOSURE INTERVENTION SPECIALTY Contractor shall download the National Industry Standards Form it must be executed by each counselor and with an executed copy of this Contract. http://www.homeownershipstandards.com[Uploads/Nationa]%20Industry%20Standards% 20Code %20of%20Ethics%20and %20Conduct%20Form.pdf (00028595-I1 Page 39 of 39 ThG.. National Industry Standards for ILI Homeownership Education and Counseling s? \�a El.L'iAlYlyt�r ,tE,,rnwE�sl,ij Code of Ethics and Conduct Done Right;' INSTRUCTIONS: The Code of Ethics and Conduct is an essential component of the National Industry Standards for Homeownership Education and Counseling. It is required that a signed copy be kept on file within your office for each counselor listed in your organization profile, and made available upon request. It is important that counselors read, sign and agree to abide by the Code of Ethics and Conduct and the guidelines set forth in the National Industry Standards for Homeownership Education and Counseling. (Please fill out all fields below) 10 By checking this box (or signing below), I acknowledge that I have received and read the National Industry Standards Code of Ethics and Conduct fortHomeownership Professionals and agree to adopt and adhere to uideli s as outlined. Signature: Print Name: Hedy L. Robinson Company: City of South Bend Address: 227 W. Jefferson Blvd. Telephone: Email: Web Site: Date: South Bend, IN 46601 574-235-9475 hrobinso@southbendin.gov www.south ben din. July 31, 2017 Save digital copies on a computer in your office: 1. Have each counselor read the Code of Ethics and Conduct guidelines and fill out this PDF form on the computer. 2. Make sure each counselor checks the signature box indicating that he/she has read and agreed to the guidelines. 3. Save and file each counselor's Pt]F form electronically. OR Keep printed copies on file in your office: 1. Print out as many copies of the form as necessary and have each counselor read the Code of Ethics and Conduct guidelines and fill out the form. 2. Make sure each counselor signs the form indicating that he/she has read and agreed to the guidelines. 3. Keep the signed hard copies on file in your office. BILL NO. 125-79 ORDINANCE NO.. L L.5'?� AN. ORDINANCE 0Y THE C01MON COUNCIL OF THE CITY QF SOUTN BEND, INDIANA, ESTABLISHING A NON - REVERTING "INSURANCE PREMIUM AND LIABILITY SERVE FUND". ' STATEMENT OF PURPOSE AND INTENT; The City Administration bps det'exmi.aied that it would be in the City's best interest to. retain a larger share of its potential liabilities in view of durrent upwards trends in the municipal insurance market, The Ordinance is proposed as a method for retaining such risks, paying p�ceviums'and providing the mechanism to service such retained risks -and potential liabilities. WEREAS, the Cou non Council,, of the City of South Bend 'has determinad that it i.s in the best intarestd of the City that the, City 'become self�insuxed in certain areas of public liability imposed cipoxx it by law ariszrkg from the ownership of property and acts of'iGs employees.in the course of providing services, -and WHEREAS; the Common Council has determined that the City has the'£inancial ability to accomplish its own funding to cover said areas og retained liability and that it would be to the .fiscal advantage of the -City to do so. NOW THUREVORE, BE IT ORDAINED BX tN1 COMMON COUNCIL OP THE CITY• bF SOUTH BEND, SECT16Nr 1. - Rese•rvd Fund Created A•general`uon=revextlr}g fund is hereby created to be. known as the "Liab.ility Insurance Pxemii3m and Resexve ISand", Said fund is created for the purpose of setting aside monies,' assessed on' all dperataons and departmonts of the City, for the payment of any premium for outside covarage,'. claims arising from.retained risk and all inoidejital costs associated with any claims ai fLSi.ng from .said refalned risk including, bait not lainit-ed to; .i:nvgnti.gative and Jcgal fees, Said reserve fund also shall bs used for the purpose of £ending tlx.e a dp n s"trative positions or contractual serviccs of a -risk manager, legal'counsel,'clairors adjuster, and necessary support personnel. Said fund -may be used for a source of temporary loans to ogler City funds but skull in no way be assessed for 'permanent mans, said .fund shall be invested by the Gontr-oll.erc's Office with all earned interest belonging to said fund in it's entirety, SECT_lb? I '(A). Payment of Certain Departmental Safety Coordinators 'the administration and common council to dramatize.thei,ic comiaitment to employee and job safety, and also to xecdgnize that certain employee safety coordinators will be performing this duty, outside o£ the normal work duties 'do hereby authorize the payment of a stipend in addition tic tbei,c normal wages in the amount of $100,00 annually.. The following safety coordinator positions shall be' in this cat=ngo>;y.. . Traffic and Lighting Municipal Garage' River Bend Plaza Maintenance Bureau of Sewers Bureau of Streets Waste. Water Treatment Plant; 4ater Cdorks (North Pumping Station) Eater Works (Olive Street -Station) Parking Garage's e 1 I . I f SECTION I1. Source of.Funds I a y xo � Said�fund.shall- be�funded b amounts apA A riated by the J, Council as part -of the annual general budgeting processfor 01 departments, bureaus, and boards of the City, In addition, the € ' CounciX. may approve additional appxopziations as needed from •• these, sAVe sources. 1 SECTION rfl, Expenditure of Funds No exp.endi.ture of funds o= paj*merit of.ela3ms aiaing from the,.City's retention -of liability shall be made by ,the Board o£ Public Worlts Without the apPxl'h the � ornhis lnamed or 'his named representative, andthnGity Attorney an olicies,- representative. Insurance premiums shall -be Pap aequi'r.ed through the,prace�s deACribeI in the 2controllerof the f'stoffice, € iiuriicipal CodA 'as needed ii on a , roval by E Incidental odntxactual expenses wbich nay.oc'cur as a result of retained liability claims shall. be submitted to the 'Board of Public Works fog payment. upon, approval. o£,hotb the City Cantroller " e and the City Attorney or his named ox his named representativ rapxeseiitatzve, . SEGIxON IV. This Ordinance shall lake effect and be in € force January 1, 19$© and passed by thl. e Snntn Bend Common Council € 'on the day of ' 1979. I ember E: e on Council E jsl iEADING -Zi'?p Pf. n t I{:,n s.5•=-sue Pi fiM HEMIN 2nd READING I _ I\O7 APPP,OVED•' - :SE❑ 19 W9 I •REFERRED - ' nn / Clit'i.[F;8.50?�'{IrEt,s IVr. . f j . E , s e :i4a w1': i,•, r CITY of SOUTH BEND -� PETER J. NEMETH, Mayor 54VIA a y CDUNTV-GI7NG souY 9l+ILO i`•• .��t„:. f 1 TH BENp, IN PIANA 46667 ' pewr H. Wren 2141384.9747 • , Dnf c4ior, Adwdem4wion and Flrianw September 1.9,•1979 Members of the Council' South Bend Common Council 4th Floor Couinty-City Bldg, D1 ar Council Members,' There will be presented at first reading of the September 24, 1979 Council meeting' an ordinance which will. enable the City to snake major c-hangas in administexiug it's property and liability insurance- program, During the last 10 years,'we•have seen'the cnst, of the City's insurance package increase from about $86,000.00 to W8,000,00 in 1979, In .lieu of this i:fnancially escalating situation, we feel it:.is Lime to evaluate.our positions and look at alternative methods of' financing the .potential:risk s created through the day to day operation of the City, 'It is felt that the best weir for the City to handle this situation is using combined programs of self insurance and outside Gdverage depending on the. specific • risk. During the-1979 legislative session of the Indiana General Assembly a law was ina6ced which now allows cities to set up a cumulative fund' to be used for the pux'posa o� defraying those expenses normally associated with providing insurance coverage ax retaining risk, The ordinance'accompanying tbis letter •waould authorize said fund, but more importantly, would support in full the city's action in becoming self reliant in the area . of insurance', ' It is felt that theicity is in a positign'•both financially and professionally to evaluate it's operations and decide which should be insured through outside sources and which should fall into the category of retained risks. . r CITY' OF SOUTH BAND sown Pend. IN 46oij ff Page Two s' SepCmber 19, 1979 + Members of the Common Council. Mr, 'Vance and T wpuld like to sit down with Council in caucus and explain more fully the --details',' benefits and 4sks of pur8uing this course of action, if pois have further questions, please'feel free to contact my office off' M-r. Va"ca, pM/•bkn s 2, i' rr fF IC 34-13-3-4 �f' l Limitation on aggregate liability; pitive damages prohibited Y Sec. 4. (a) The combined aggregate -liability of all govemmental entities and of all j` public employees, acting within the scope of their employment and not excluded horn liability under section 3 of this chapter, does not exceed: (1') for injury to or death of one (i) person in any one, (1) occurrence: (A) tree hundred thousand dollars ($300,000) for a cause of action that accrues before January 1, 2006; (�) five hundred tlxo��sand dollars ($5Q0.,000) for a cause of action: that accl s on or after January 1, 2006, and before January 1, 2009; or (C) seven hundred thousand dollars ($700,000) for a cause of action that acciucs on or after January t, 2008; and (2) for injury to or death of all'pexsons in that occurrence; live million dollars ,($5,000,OOp). (b) A governmental entity or an employee of a govenun.ental entity acting within the scope of c3nploym. ent is not liable for punitive damages.As added by P.L.1--1998, SEC 8, Amended by P,L,108-2003, SEC.2; P.L,161-2003, SEC 6; P.L,97 2004, SEC 114. -IN _-A ill