HomeMy WebLinkAboutContract - Indiana Housing and Community Development Alliance - Housing Counseling SupportINDIANA FORECLOSURE PREVENTION NETWORK
PROFESSIONAL SERVICES CONTRACT
IHCDA Received an Award from the
Indiana State Budget Agency Home Ownership Education Fund
FAIN: NIA
Activity Description: Mortgage Foreclosure Counseling
Contract # IFPN-2017-024A
EDS # A161-17-024A
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 69753580, (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:
1. 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").
2. 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 Eleven Thousand Five Hundred
Seven and 00/100 Dollars ($11,507.00).
3. Term.
This Contract shall take effect as of October 1, 2017 ("Effective Date") and remain in effect
through December 31, 2017 (the "Term").
4. 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
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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 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.
5. Assipnment; 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.
6. Assignment 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.
7. 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 NF'MC
funding, the Contractor may submit a Review Statement or Compilation Statement in lieu of
independent audited financial statements.
8. Authority 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.
9. Changes 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.
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10. Compliance with Laws.
A. 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, 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.
B. 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. It 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/. H 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.
C. 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.
D. 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.
E. 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
F. 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
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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 fiu-ther work with IHCDA.
G. 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.
H. 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 terms of IC 24-4.7 for the duration of the Contract, even if IC 24-4.7 is
preempted by federal law.
11. Condition of Payment.
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 IHCDA a As
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.
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12. 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
IIICDA.
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 Dandle 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 Iaws 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/Conf dential 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.
13. Continuity of Services. Intentionally omitted.
14. 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 term "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.
B. 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
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recoupment, penalties or costs that might arise fi-om 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.
15. 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.
16. 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.
B. 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.
C. 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
party 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.
D. 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.
E. 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.
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F. 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.
17. 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;
B. 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;
C. 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;
D. 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;
E. 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
F. Making a good faith effort to maintain a drug-frec workplace through the implementation of
subparagrapbs (A) through (E) above.
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18. Employment E figibility 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
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.
B. 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.
C. 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 terra
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.
19. Employment Option. Intentionally omitted.
20. Force Majeure.
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 party 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.
21. 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.
22. Governing Lanus.
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.
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23. HIPAA 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.
24. 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.
25. 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.
26. Information Technology Enterprise Architecture Recluirement. Intentionally omitted.
27. 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 liability, 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, noncontributory
basis for any liability arising directly or indirectly under or in connection with this Contract.
2. Automobile Liability. Deleted; not applicable.
3. 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.
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4. Fiduciary Liability. Deleted; not applicable.
5. Valuable Papers coverage. Deleted; not applicable.
6. Surety or Fidelity Bond(s). Deleted; not applicable.
7. 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.
B. 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.
2. Any deductible or self -insured retention amount or other similar obligation under the
insurance policies shall be the sole obligation of the Contractor.
3. IHCDA 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.
4. The insurance required in this Convact, 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.
5. The Contractor waives and agrees to require their insurer to waive their rights of
subrogation against IHCDA.
C. 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.
28. 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, IHCDA shall have the right to terminate this Contract upon thirty (30) days
prior written notice.
B. 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
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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, Hedy Robbinson.
29. 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 IHCDA,
at its option, may immediately terminate this Contract.
30. Mereer & 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.
31. Minority and Women's Business Enterprises Compliance. Deleted; not applicable.
32. 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,
terns, 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.
IHCDA 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.
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33. 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.
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:
City of South Bend, Pamela Meyer
Executive Director
227 West Jefferson Blvd., 1411 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.
34. 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.
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35. 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 IHCDA, 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.
B. Use of the Materials, other than related to contract performance by the Contractor, without the prior
written consent of IHCDA, 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.
36. 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.
37. PenaltiesllnterestlAttorney'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 IHCDA
and shall not be based on funding from federal or other sources.
38. 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 IFPN 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
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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.
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.
40. 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.
41. Severability.
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.
42. 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.
43. 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.
44. 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 liable 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
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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.
45. Termination for Default.
A. With the provision of thirty (30) days' notice to the Contractor, RICDA may terminate this
Contract in whole or in part if the Contractor fails to:
I. 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 parties;
2. Deliver the supplies or perform the services within the time specified in this Contract or any
extension;
3. Mahe progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract.
B. 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.
C. XHCDA 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.
D. 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.
E. 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.
46. Travel. Intentionally omitted.
47. Indiana Veteran's Business Enterprise Compliance. Deleted; not applicable.
48. 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 1HCDA'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
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Contractor shall be and remain 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.
49. 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
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.
50. 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.
51. Buy 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).
52. 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.).
53. 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:
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A. Standard compliance reviews of program operations and counseling files for clients reported to
IFPN, in which reviews are conducted on -site or remotely;
B. Additional client file reviews and site visits, in which files are selected at random for remote
compliance reviews of specific client files; and/or
C. 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
allow them to come onto the site of the Contractor and to conduct a full review of compliance with
IFPN requirements.
54. Ineligible Expenses.
The Contractor shall promptly repay 1HCDA, 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 lien 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.
SS. 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.
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56. National Industry Standards Code of Ethics and Conduct and Minimum Standard
Activities for Foreclosure Intervention and Default Counselin .
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 HUD
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 non-compliance that
have resulted in funds being withheld by HUD.
57. Political Actives
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.
58. 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 (f) 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.
59. 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.
60. 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.
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61. 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.
62. 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 1 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 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.
63, Client_Ri2hts.
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.
64. 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.
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65. 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).
B. Comply with Federal statutes, regulations, and the terms and conditions of federal funds.
C. Evaluate and monitor the Contractor's compliance with statutes, regulations and the terms and
conditions of the federal funds.
D. Take prompt action when instances of noncompliance are identified including noncompliance
identified in audit findings.
E. 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.
66. Conflict of Interest Disclosure.
The Contractor must disclose in writing any potential conflict of interest to IHCDA.
67. Mandatory 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 111-212, 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.
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68. 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.
B. The closeout of a Federal award does not affect any of the following:
The right of IHCDA to disallow costs and recover funds on the basis of a later audit or other
review.
2. 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.
3. Audit requirements in subpart Ii of 2 CFR part 200.
4. Recordkeeping and record retention requirements set forth herein.
69. Exhibits. Exhibits A, B, C, D, E, and F attached hereto, are fully incorporated herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
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Non -Collusion and Acceptance
The, undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that
he/she is the property authorized representative, agent, member or officer of the Contractor, that
he/she has not, nor has any other member, employee, representative, agent or officer of the
Contractor, directly or indirectly, to the best of the undersigned's, knowledge, entered into or offered
to enter into any combination, collusion or agreement to receive or pay, and that he/she has not
received or paid, any sum of money or other consideration for the execution of this Contract other
than that which appears upon the face of this Contract. Furthermore, if the undersigned has
knowledge 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 attests to compliance
with the disclosure requirements in IC 4-2-6-10.5.
In Witness Whereof, Contractor and lHCDA have, through their duly authorized representatives,
entered into this Contract. The parties, having read and understood the foregoing terms of this
Contract, do by their respective signatures dated below hereby agree to the terms thereof.
Indiana Housing and Community
City of South Bend Development Authority
By: OVID--
PAlk. works
Printed:
Mal
Printed: J. Jacob S
JEC, 2 1
Title: Title:
Date: Date:
Approved by:
Indiana Department of Administration
By: (for)
Jessica Robertson, Commissioner
Date:
APPROVED as to Form and Legality:
Office of the Attorney General
F4orm approval has been granted by the
Office of the Attorney Generalptirs"ant to
IC4-13-2-14.3(e) on July 7,2017
FA 17-13
Executive Director
-Approved by:
State Budget Agency
By: (for)
Jason Dudich, Director
Date:
This document prepared by Brigitte Collier, Compliance Attorney.
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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/nfmc). 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 rile. 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
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the file. Such proof can include a statement signed by the homeowner or an electronic
signature, if applicable.
4. Privacy Policy__1 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. Havin access to the privacy.policyon Contractor's website sloes
not satisfy this requirement unless there is affirmative confirmation and documented roof
that the client has reviewed the policy in the file. Clients that choose to opt -out and not
share their information with affiliated third- arties cannot be a loaded into the DCS for
pUment,
5. Budeet. 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 Horne Affordable Program Elipibility. 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,
' 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
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
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 Ioan '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 Ioan 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 -Lieu. 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 eompleted 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.
{00028595-1}
Page 25 of 39
Level Two: Counseling. (Action Plan Implementation) To qualify for a Level Two payment
$300.00 Contractor will be required to complete the following steps:
L 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 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. Privac Polic .z Contractor must provide �o 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 snail. Having access to the privacy policy on Contractor's website does
not satisfy this requirement unless there is affirmative confirmation and documented roof
that the client has reviewed the policy in the file. Clients that choose toot -out and not
share their information with affiliated third -parties cannot be u loaded 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 patters, 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'
z 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 26 of 39
previous 30 days). A credit report alone does not satisfy the budget verification
requirement.
5. Verification of Action Taken. Contractor should take appropriate 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
counselor's notes; it also requires documentation that the action took 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, email, portal transmission screenshot, or postal mail). E-mail contact
information for servicers who have made such information is available on
www.nw.org/nfmc.
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, email 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 Hoare Affordable
Program refinance or modification decisions, if that is what Action PIan dictates.
Contractor should keep on file a copy of the fax transmission report, email, 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 tools 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
{00028595-1)
Page 27 of 39
verification of action taken based on the 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.
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.
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 reported as "Level Four" should now only be reported as "Level Four"
if they have a Government Sponsored Entity "GSF" loan or loan owned or guaranteed b
the Veterans Administration "VA" the Department of Agriculture'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: Making Home Afford able/Post-Mitigation Counseling
Borrowers with a trial loan modification or permanent loan modification under the Home
Affordability Modification Program ("HAMP") 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 ("RIIS"), 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 servicer 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 HAW 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 Home 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 loop -up tool. Additional tools for specific loan types can
include but is not limited to:
{00028595-1)
Page 28 of 39
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.
r For FHA loans, a FHA Connection printout with loan information can be used.
■ HUD-1 (Homeowner's HUD 1 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.
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 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 beep 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.
3 It is acceptable for Contractor to combine the Authorization Fonn, 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
6. 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 DTI. 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 debt. A credit report is not sufficient to calculate the DTI ratio, as income must
also be validated.
S. 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 Stavina 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.
{00028595-1)
Page 30 of 39
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:
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.' 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 polia in the file. Clients that choose to opt -out and not
a 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.
{00028595-11
Page 31 of 39
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.
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
servicer 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 level have
occurred and have been documented accordingly.
Maximum Payout:
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 1 and Level 2).
100028595-1)
Page 32 of 39
Level 4a and Level 4b services are the Making Horne 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;
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.
f 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 (5th) day of each month:
I. Intake form;
2. Authorization form;
$150.00/client
Completion of
3. Disclosure form;
Level 1
4. Privacy policy;
S. 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 (5th) day of each month:
l . Authorization form;
2. Disclosure form;
3. Privacy policy;
4. Verified household budget;
5. Verification of action taken based upon Action Plan.
$300.00/client
Completion of
(Neither Counselor Notes nor telephone logs satisfy
Level
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 tools
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 (5'h) day of each month:
1. Authorization Form (if not already on file);
2. Disclosure Form;
$150.00/client
Completion of
3. Privacy Policy;
4. Documentation of back -end DTI at time of second
Level 0appointment;
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.
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 Eleven
Thousand Five Hundred Seven and 00/100 Dollars ($11,507.00).
(00028595-11
Page 35 of 39
{00028595-1}
EXHIBIT C
FEDERAL FORM W-9
REQUEST FOR TAXPAYER IDENTIFICA_TION
NUMBER AND CERTIFICATION
HTTP://W W W.IRS.GOV/PUB/IRS-PDF/FW9.PDP
Contractor to Fill Out Form on IRS Website and Attach
Page 36 of 39
Farm
W 9
Request for ?Taxpayer
Give Form to the
(Rev.pecember20
Identification Number and Certification
requester. Do not
peparimeniofthe7-reaseasury
Internal Revenue Service
Send to the IRS.
1 Name (p 7hn4onur income tax ret . Names required On this line; do not leave this line blank.
2 Business n /disregarded entity name, if different from above
as
a
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (codes apply only to
o
0
❑ Individuallsole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate
cenaln entities, not individuals; see
Instructions on page 3):
m c
single -member LLC
❑ Limited I€ability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
Exempt Payee code {if any)
o
Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for
Fxempt€on from PATCA reporting
the tax ciassificaflon of the single member owner,
code (if any)
0
Other (see instructtom)r
(Applftsra a.muntsmatnlai00 oulsidulfie U.s.)
w
w
5 Address (number, street, and apt. rsu€te no.)
Requester's name and address (optional)
C
�t O
6 Cy, state, _ZIP c de
_jand
4(V
(00 1
7 List account number(s) here (optional)
mentitication Number (I IN
EnteryourTIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSN)- However, for a
resident alien, sofe proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (ON). If you do not have a number, see How to get a
TIN on page 3.
Note. if the account is in more then one name, see the Instructions for line 1 and the chart on page 4 for
guidelines on whose number to enter.
Social security number
rM_111_1T
or
Employer Identification number
uertirication
Under penalties of perjury, I certify that;
1. The number shown on this form Is my correct taxpayer Identification number (or I am wafting for a number to be issued to me); and
2. I am not subject to backup withholding bocause: (a) I am exempt from backup withholding, or (b) I have not been notified by the Infernal Revenue
Service (IRS) that f am subject to backup withholding as a result of a failure to report all interest or dividends, or (a) the IRS has notified me that I am
no longersuhject to backup withholding; and
3. lam a U.S, citizen or other U.S. person (defined below); and
4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct.
Certification instructions. 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 transactions, Item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an indlvlduai retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN, See the
instructions on page 3. n
Sign g I _-- -
SI nature of ;; P7 + r
Here erson U.S. p4l Q �^ Y Date ► �' S l
General Instructions
Seetlon references are to the Internal Revenue Code unions otherwise noted.
Future developments, Information about developments affecting Form W-9 (such
as legislation enacted after we release 0) is at www.1rs.gov/f 9.
Purpose of Form
An individual or entity (Form W 9 requestor) who Is required to file an Information
return with the IRS must obtain your correct taxpayer identification number (IN)
which may be your soc€a[ security number (SSN), Individual taxpayer Identification
number (€TIN), adoption taxpayer Identification number (ATIN), or employer
Identification number (EIN), to report on an information return the amount paid to
you, or other amount reportable on an information return. Examples of Information
returns include, but are not limited to, the following;
worm 1099-INT (Interest eamed or paid)
form 1099-DIV (dividends, Including those from stocks or mutual funds)
Worm 1099-MISC (various types of income, prizes, awards, or gross proceeds)
[Norm 1099-B (stock or mutual fund sales and certain other transactions by
brokers)
Dorm 1099-5 (proceeds from real estate transactions)
19orm 1099-K (merchant card and third party network transactions)
Ifform 1096 (home mortgage interest), 1098-E (Strident loan interest), 1098-T
(tuition)
Rorm 1009-0 (canceled debt)
Worm 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only If you area U.S. person (Including a resident alien), to
provide your correct TIN.
If you do not return Form W-9 to the requestor with a TIN, you might be subject
to backup withholding. See What is backup withholding? on page 2.
By signing the tilled -out form, you:
1. Certify that the TIN you are giving IS oorrect (or you are waiting for a number
to be Issued),
2. Certify that you are not subject to backup Withholding, or
S. Claim exemption from backup withholding if you are a U.S. oxempt payee. If
applicable, you are also certifying that as a U.S, person, your allocable share of
any partnership income from a U.S. trade or business is not subject to the
withholding tax on foreign partners' share of effectively connected Income, and
4. Certify that FATCA codes) entered on this form (If any) Indicating that you are
exempt from the FATCA reporting, is correct. See What is FATCA reporting? on
page 2 for further information.
Cat. No. 10231X Form W 9 (Rev. 12-2014)
EXHIBIT 1)
CONTRACTOR'S INTERNAL PRIVACY/
CONFIDENTIAL INFORMATION POLICY
Cbeek one:
El Internal Privacy/Confidential Information Policy is attached hereto.
—In the
Alternative —
If 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
complete the following instead of resubmitting its policy:
Contractor's Internal Privacy/Confidential Information Policy has not changed since the time it
was submitted to IHCDA in conjunction with Contract; Z�Lw 1,-2
City of South Bend
LN
Printed: 86ard of p 1,11jor
Title: -DEC 2 1291 t,m.
d
Date:
(00028595-1)
Attested by (where applicable):
Page 37 of 39
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12
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/National%201ndustry%20Standards%
20Code %20of%20Ethics%20and%20Conduct%20Form.pdf
{00028595-11
Page 39 of 39
Print'Form
National Industry Standards for
i
Homeownership Education and Counseling
noluegwll "! Done ftht, Code of Ethics and Conduct
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.
(Pleas ill out all fields below)
By checking this box (or signing below), I acknowledge that I
have received and read the National Industry Standards Code of
Ethics and CondtAct for Homeownership Professionals and agree
to adopt and ad l rem"idelines as outlined.
Sig
Print Name: Hedy L. Robinson
Company: City of South Bend
Address: 227 W. Jefferson Blvd., 14th Floor
South Bend, IN 46601
Telephone: 574-23 5-947 5
Email: hrobinso@southbendin
Web Site: https:/Iwww.southbendin.gov/
Date: 12/14/2017
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 PDF 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.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW IZEQUEs'r FORM
Date December 15, 2017
Name Pam Meyer Department DC1
December 21, 2017
BPS' Date Phone Extension 5845
r
JA
Legal Attorney Name Ben Dougherty
Controller Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing El
H Agreement
❑ Professional Services
❑ Bid Opening
Quote Opening
F] Change Order No.
❑ Ease/Encroach.
Other:
Company or Vendor Name
New Vendor
MBENVBE Contractor
Project Name
Project Number
Funding Source
Account No.
FAT
Terms of Contract
Purpose/Description
Previous Amount
1�1Contract
■ Resolution
Bid Award
■Quote Award
C/O & PCA No.
■Traffic Control
ISM � 001 Wrl I M M M "1111
R Req. to Advertise [:] Title Sheet
ro-M
Indiana Housing and Community Development Authority
J Yes X No L] If Yes, Approved by Purchasing
] MBE E] WBE
Housing Counseling Support
N/A - payment TO City
$ 11,507.00
October 1, 2017 - December 31, 2017
F-1 Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non Debarment, E-Verify, Iran, etc.)
increase
Decrease
Current Percent of Change: %
New Amount
Total Percent of Change: %
Dispersal After Approval
Copy Original
Pam Meyer, DC1
Imi