HomeMy WebLinkAboutContract - IHCDA - Mortgage Foreclosure CounselingINDIANA FORECLOSURE PREVENTION NETWORK
PROFESSIONAL SERVICES CONTRACT
IHCDA Received an Award from the
Indiana State Budget Agency Home Ownership Education Fund
FAIN: N/A
Activity Description: Mortgage Foreclosure Counseling
Contract # IFPN-2019-024
EDS # A161-19-IFPN-024
This Indiana Foreclosure Prevention Network Professional Services Contract ("Contract"), entered
into by and between the Indiana Housing and Community Development Authority ("IHCDA")
and City of South Bend (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.
This Contract is intended as a fee -for -service Contract. The Contractor will be one of several
Contractors eligible to be paid for services ("Eligible Contractors"), as described more fully in
Exhibit B, attached hereto and made a part hereof. The Contractor acknowledges that it will be
eligible to provide services until such time as the Contract Term set forth in Section 3. Term has
been reached, or funding cancellation as set forth in Section 21. Funding Cancellation occurs,
whichever comes first.
3. Term.
This Contract shall take effect as of January 1, 2019 ("Effective Date") and remain in effect through
December 31, 2019 (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 five (5) years from the date of final payment under this Contract, for inspection by IHCDA, or
the authorized representative, agent or third -party contractor of either entity. Upon request, copies shall
be furnished at no cost to IHCDA, or the authorized representative, agent or third -party contractor of
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either entity. The only exceptions are the following: (1) If any litigation, claim, or audit is started
before the expiration of the five (5) year period, the records shall be retained until the litigation, claims
or audit findings involving the records have been resolved and final action taken: and (2) Records for
real property and equipment acquired with funds hereunder shall be retained for five (5) years after
final disposition. Notwithstanding the foregoing, IHCDA, 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. Assignment; ent• 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.
The Contractor acknowledges that it may be required to submit to an audit of funds paid through this
Contract. Any such audit shall be conducted in accordance with IC 5-11-1, et. seq. and audit
guidelines specified by IHCDA.
The Contractor further acknowledges that following the expirations of this Contract, the Contractor
mov be required to arrange for a financial and compliance audit of funds provided by IHCDA pursuant
to this Contract. Such audit, if required, is to be conducted by and independent public or certified
public accountant (or as applicable, the Indiana State Board of Accounts), and performed in
accordance with Indiana State board of Accounts publication entitled "Uniform Compliance
Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources,"
and applicable provisions of the Office of Management and Budget Circulars A-133 (Audits of States,
Local Governments, and Non -Profit Organizations). Should an audit be required pursuant to this
paragraph, the Contractor is responsible for ensuring that the audit and any management letters are
completed and forwarded to IHCDA in accordance with the terms of this Contract. Audits conducted
pursuant to this paragraph must be submitted no later than nine (9) months following the close of the
Contractor's fiscal year. Contractor agrees to provide IHCDA an original of all financial and
compliance audits. Audits conducted pursuant to this paragraph shall be and audit of the actual entity,
or distinct portion thereof that is the Contractor, and not of a parent, member, or subsidiary
corporation of the Contractor, except to the extent such and expanded audit may be determined by
the Indiana State Board of Accounts or IHCDA to be in the best interests of the State. An audit
conducted pursuant to this paragraph shall include a statement from the Auditor that the Auditor has
reviewed this Contract and that the Contractor is not out of compliance with the financial aspects of
this Contract.
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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.
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 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. If the Contractor has knowledge, or would have acquired
knowledge with reasonable inquiry, that a state officer, employee, or special state appointee,
as those terms are defined in IC 4-2-6-1, has a financial interest in the Contract, the Contractor
shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to the
execution of this Contract. If the Contractor is not familiar with these ethical requirements, the
Contractor should refer any questions to the Indiana State Ethics Commission, or visit the
Inspector General's website at http://www.in.gov/ig/. If the Contractor or its agents violate any
applicable ethical standards, IHCDA may, in its sole discretion, terminate this Contract immediately
upon notice to the Contractor. In addition, the Contractor may be subject to penalties under IC §§ 4-
2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
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
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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
performance of work activities for IHCDA. Failure to do so may be deemed a material breach of
this Contract and grounds for immediate termination and denial of further work with IHCDA.
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.
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11. Conditimi of Pavn ent.
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 federal
Form W-9 (Request for Taxpayer Identification Number and Certification), the form of which is
attached hereto as Exhibit C; and made a part hereof. 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.
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
IHCDA, except to the extent required by applicable law.
The parties acknowledge that the services to be performed by Contractor for IHCDA under this
contract may require or allow access to data, materials, and information containing Social Security
numbers or other personal information maintained by or on behalf of IHCDA in a computer system
or other records. In addition to the covenant made above in this section and pursuant to 10 IAC 5-3-
1(4), the Contractor and IHCDA agree to comply with the provisions of IC 4-1-10 and IC 4-1-11. If
any Social Security number(s) is/are disclosed by Contractor, Contractor agrees to pay the cost of the
notice of disclosure of a breach of the security of the system in addition to any other claims and
expenses for which it is liable under the terms of this Contract.
The Contractor agrees to handle and dispose of clients' personal information in accordance with the
National Industry Standards for Homeownership Counseling, HUD's standards for approval of
housing counseling, and applicable laws and regulations. A copy of the "Standards for
Homeownership Education and Counseling — Foreclosure Intervention Specialty" are set forth in
Exhibit F to this Contract. Attached hereto and incorporated herein by reference as Exhibit D is a
copy of Contractor's internal privacy/confidential information policy. 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 POLICYHAS NOT CHANCED, THE CONTRACTOR SHALL
PREPARE AND SUBMIT THE FOLLOWING FOR EXHIBIT D: "Contractor's Internal
Privacy/Confidential Information Policy has not changed since the time it was submitted to IHCDA
in conjunction with Contract # BY DOING SO, THE
CONTRACTOR WILL NOT NEED TO RESUBMIT ITS POLICY.
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13. Cont nuz 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
recoupment, penalties or costs that might arise from use of a suspended or debarred subcontractor.
The Contractor shall immediately notify IHCDA if any subcontractor becomes debarred or
suspended, and shall, at IHCDA's request, take all steps required by IHCDA to terminate its
contractual relationship with the subcontractor for work to be performed under this Contract.
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
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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.
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
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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 -free workplace through the implementation of
subparagraphs (A) through (E) above.
18. Employment Eli ibili 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 term
of a contract with a subcontractor.
IHCDA may terminate for default if the Contractor fails to cure a breach of this provision no later
than thirty (30) days after being notified by IHCDA.
19. Employment Option. Intentionally omitted.
20. Force Maieure
In the event that either party is unable to perform any of its obligations under this Contract or to enjoy
any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the
affected party (hereinafter referred to as a "Force Majeure Event"), the 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
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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. Fun din . 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. The Contractor acknowledges that
the Maximum Appropriation for services to be provided by Eligible Contractors is One Million, Five
Hundred Thousand Dollars ($1,500,000.00). When the aggregate amount of fees paid for services by
Eligible Contractors reaches this Maximum Appropriation, a default determination that funds are not
available to support continuation of performance of this Contract will be made by the Executive
Director of IHCDA, and this Contract shall be cancelled.
22. Governin2 Laws.
This Contract shall be governed, construed, and enforced in accordance with the laws of the State of
Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in
Marion County, Indiana.
23. I IPAA 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_Conti-actor; Workers' Comnensation 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.
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26. Information Technology Enterprise Architecture Ite uirennent. 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:
1. Intentionally Omitted.
2. Automobile Liability. Intentionally Omitted.
3. Intentionally Omitted.
4. Fiduciary Liability. Intentionally Omitted.
5. Valuable Papers coverage. Intentionally Omitted.
6. Surety or Fidelity Bond(s). Intentionally Omitted,
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 Contract, through a policy or endorsement(s), shall include a
provision that the policy and endorsements may not be canceled or modified without thirty
(30) days' prior written notice to IHCDA.
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.
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28. KeyIon
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
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, Hedy Robinson.
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. Wrger & 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, Wow n's Business Enterprises Compliance. Intentionally Omitted.
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,
terms, conditions, or privileges of employment or any matter directly or indirectly related to
employment, because of the employee or applicant's race, color, national origin, religion, gender, age,
disability, ancestry, creed, pregnancy, marital, parental status, familial status, sexual orientation, status
as a veteran, physical, mental, emotional or learning disability, or any other characteristic protected by
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Page 1 I of 29
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.
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 900
Indianapolis, Indiana 46204
With a copy to:
David W. Stewart
General Counsel
Indiana Housing and Community
Development Authority
30 South Meridian Street, Suite 900
Indianapolis, Indiana 46204
B. Notices to the Contractor shall be sent to:
Pamela Meyer, Director of Neighborhood Development
City of South Bend
227 W. Jefferson Blvd
South Bend, IN 46601
C. Awarding Official
J. Jacob Sipe
Executive Director
Indiana Housing and Community
Development Authority
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30 South Meridian Street, Suite 900
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 Deference.
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.
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. Penalties/ InterestiAttorne Is 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.
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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 IHCDA. The Contractor acknowledges that data collection and statistics,
particularly with regard to settlement conferences, are central to the success and viability of the IFPN.
As such, the progress reports submitted by Contractor shall indicate, with regard to each client of
Contractor, whether client requested a settlement conference, and if so, whether the settlement
conference was "Successful" or "Not Successful". For the purposes of this Agreement, "Successful"
means any one of the following outcomes: a reinstated loan, a loan modification, a repayment plan, a
forbearance agreement or plan, a refinancing, a short sale or pre -foreclosure sale, a deed -in -lieu of
foreclosure, an agreement to stay foreclosure proceedings or other outcome which the 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 O bony
This Contract may be renewed under the same tells 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.
4l, 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.
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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 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, IHCDA may terminate this Contract
in whole or in part if the Contractor fails to:
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. Make 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. IHCDA shall pay the contract price for completed supplies delivered and services accepted. The
Contractor and IHCDA shall agree on the amount of payment for manufacturing materials delivered
and accepted and for the protection and preservation of the property. Failure to agree will be
a dispute under the Disputes clause. IHCDA may withhold from these amounts any sum IHCDA
determines to be necessary to protect IHCDA against loss because of outstanding liens or claims of
former lien holders.
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.
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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 Enterorise +CormAiance. Intentionally Omitted.
48. Waiver of Rip-hts.
No right conferred on either party under this Contract shall be deemed waived, and no breach of this
Contract excused, unless such waiver is in writing and signed by the party claimed to have waived
such right. Neither IHCDA's review, approval or acceptance of, nor payment for, the services
required under this Contract shall be construed to operate as a waiver of any rights under this Contract
or of any cause of action arising out of the performance of this Contract, and the Contractor shall be
and 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. Failure to comply with this Section may
result in immediate termination of the Contract.
0. 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 1, attached hereto and fully
incorporated herein.
51. 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 IHCDA receives reports of non-compliance
or has concerns about IFPN program management or financial management.
The Contractor agrees to fully cooperate with IHCDA, 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.
52. Ineligible Expenses.
The Contractor shall promptly repay IHCDA, out of non -State 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, 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."
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.
53. 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.
54. National Industry Standards Code of Ethics and Conduct and Minimum Standard
Activities for foreclosure Intervention and Default Counseling.
The Contractor hereby certifies that all counselors performing services under this Agreement have
signed the National Industry Standards Code of Ethics and Conduct. If Contractor is not a HUD -
approved housing counseling agency, it certifies that it meets or exceeds HUD's housing counseling
{00033430-1}
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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.
55. Public Statements Press Releases and Media.
Contractor acknowledges that IHCDA is solely responsible for all public statements, press releases
and media related to IFPN and the services provided by Contractor under this Contract. Contractor
shall (a) distribute the marketing material provided by IHCDA at the times and according to the
instructions given by IHCDA; (b) promptly refer all media inquiries on IFPN or the Contract to
IHCDA; (c) immediately contact IHCDA with any questions about media or marketing materials; (d)
not alter the marketing materials provided by IHCDA; (e) not contact media (traditional or otherwise)
regarding IFPN or this Contract; and (0 not create marketing materials related to IFPN or the
Contract. Breach of this Section may be deemed a material breach of this Contract and grounds for
immediate termination and denial of further work with IHCDA.
56. 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.
57. 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.
58. Good Standing, Intentionally Omitted.
59. Du licate Client Reset.
Any client who received counseling services prior to July 1, 2018 will be eligible to be counseled
again by the Contractor on or after January 1, 2019 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, 2019 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 Management
System "DMS" for payment, the homeowners must have received a new counseling session after
100033430-11
Page 18 of 29
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 properly 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 IHCDA 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.
City of South Bend
By: VM_ ____ ..
a (if N611c or
Printed:
Indiana Housing and Community
Development Authority
Printed: J. Jacob
Title:d, Title:
Date: ., Date;
100033430-11
Executive Director
Page 20 of 29
January 1, 2019 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.
60. Client Rights.
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.
61. Conflict of Interest Disclosure,
The Contractor must disclose in writing any potential conflict of interest to IHCDA.
62. Exhibits. Exhibits A, B, C, D, E, and F attached hereto, are fully incorporated herein.
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Page 19 of 29
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 1 and 2 counseling services prior to July 1, 2018 will be eligible to be
counseled again at any level.
Level One Counseling jAction Plan Development and Implementation). To qualify for a Level
One payment ($250.00), 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.
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 management system ("DMS"), (b) allow IHCDA
to open files to be reviewed for program monitoring and compliance purposes, and (c) allow
IHCDA 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 DMS. Files uploaded in to the DMS without a
signed authorization can create a legal liability, therefore the Contractor must ensure client
files submitted to the DMS have a signed authorization form in the client file. Contractor is
responsible for performing counseling within the limits of the laws in the State of Indiana.
3. Disclosure. Contractor must provide to all clients a disclosure statement. The disclosure
statement must explicitly describe the various types of services the Contractor provides and
any financial relationships between the Contractor and any other industry partners. The
disclosure must state clearly that the client is not obligated to receive any other services
offered by the Contractor or its exclusive partners. This must be presented to the client at the
time of counseling. Proof that the client received the disclosure must be maintained in the
file. Such proof can include a statement signed by the homeowner or an electronic signature,
if applicable.
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4. Privacy Policy. V 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 tilts i_Nuiremeait unless there is affirni.ative onfirination and do�:umented roof that
theclienthas reviewed the ppoligy in ,the file,µµµ Clients that choose too . t-out and not share their
information with affiliated .thrmtd „pArtL cannot be uploaded into the DMS for
5. Budget and Verification. Contractor must develop a budget for each client based on client's
oral representation of their expenses, debts, and available sources of income. Contractor must
engage in budget verification during which s/he reviews documented evidence provided by
the client to establish true debt obligations (e.g., credit report), monthly expenses (e.g.,
monthly bills, bank statements, mortgage statement, credit card statement, utility bill) and
spending patterns, and realistic opportunities for income (e.g., tax returns, pay stubs, profit
and loss statement, third party verification). Note: a credit report alone does not satisfy the
budget verification requirement. Contractor should collect verification of all income,
expenses, and debt as stated by the client (must be within previous 30 days). A credit report
alone does not satisfy the budget verification requirement.
6. Action Plan and Verification of Actions Taken. 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, and should also include Client referral to relevant community services that may
be of benefit to the Client. 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. Contractor must have a conforming Action Plan in each client file.
ContractorlitNd tact apI rcpriate actions of tjj�_sj_ps 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
' 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.
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Page 22 of 29
copy of the fax transmission report, e-mail, portal transmission screenshot, or postal mail
receipt as evidence that this was submitted to servicer.
b. Document an attempt to contact the servicer or lender via fax transmission receipt, e-mail,
or postal mail receipt. If a workout is possible, fill out and submit forms required by the
service to move forward with a workout plan, loan modification or other available program
and maintain proof that these were submitted in the client file (fax transmission receipt, e-
mail, portal transmission screenshot, or postal mail).
c. Complete and submit application for local resource options including refinance programs
or rescue funds and document that referral took place via fax transmission receipt, e-mail,
or postal mail receipt.
d. Assist in situations where client elects to pursue sale options and document the assistance
that took place and communication with industry partners via fax transmission report, e-
mail portal transmission screenshot, or postal mail. A referral list of realtors for a short
sale, or other sale options, must include at least three realtors and the client's signature
stating they received the list. This signed referral list should be retained in the file. Please
note that referring a client back to the servicer/lender is not considered a referral.
e. Collecting and transmitting documentation required for refinance or modification
decisions, if that is what Action Plan dictates. Contractor should keep on file a copy of
the fax transmission report, e-mail, portal transmission screenshot, or postal mail receipt
as evidence that this was submitted or servicer.
Note: Neither Counselor Notes nor telephone logs satisfy the requirement for
documenting Verification of Action Taken, as neither provide verifiable proof that any
action took place. Fax transmission sheets, e-mails, mail receipts, screenshots of portal
communication, or other verification that action took place is required to be retained in
the client's file.
When reporting for Level One counseling activities, documentation of all six of these
completed steps must be in the client's file: Intake, Authorization, Disclosure, Privacy
Policy, Budget and Verification, and Action Plan. The Contractor must certify that all
clients are owner -occupants of their homes at the time they receive counseling. Clients
must be the owner of single-family (one -to four -unit) properties with mortgages in
default or in danger of default.
The Contractor cannot receive payment for a client until after all the required actions for the level
have occurred and have been documented accordingly.
Level Two Counseling Client Follow-up). To qualify for a Level Two payment ($100.00)
Contractor must have contact with either the client or the client's lender, in any combination, at least
three (3) times within a 90-day period following the completion of the Action Plan and Verification
of Steps Taken, as described in Level One. The contacts must be documented in the Contractor's
case notes, and must detail who, what, when, and how the Contractor made contact with either the
client or the client's lender, as well as the results of any successful contact. If the Contractor is
unsuccessful in its attempts to contact the client, the Contractor must mail written notification to the
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clients informing them that they have 30 calendar days from the date of notification to contact the
Contractor to complete follow-up. If the client does not respond within the 30-days timeframe, the
Contractor may close the client file.
Level Three Counseling Exit Interview). To qualify for a Level Three payment ($100.00), the
Contractor must conduct an exit interview with the client, at least 180 days after the Level One Intake
date. The exit interview must document the final client outcome in a manner prescribed by IHCDA.
If the Contractor did not complete Level Two Counseling of the client, the Contractor is not eligible
for Level Three payment.
Maximum Payout:
The Contractor is eligible to receive a maximum per -client payout of $450.00 (the sum of Level One,
Level Two, and Level Three).
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.
{00033430-1}
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 24 of 29
EXHIBIT B
FEE SCHEDULE
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.
m...
FEE m..,.m........
_
PAYABLE. W
PRO... _.mw�....... _
LESS
_
Submit the following required documentation and invoice by
the fifth (51h) day of each month:
1. Intake form;
Completion of
2. Authorization form;
$250.00/client
Level 1
3. Disclosure form;
4. Privacy policy;
5. Budget and verification;
6. Action Plan and steps taken on Action Plan;
7. Certification that each client is an owner -occupant of
.......
__ his or her home.
...
Submit the following..........
required documentation and invoice by
Completion of
the fifth (5th) day of each month:
$100.00/client
Level
1. Documentation of client follow-up.
.... .......
the following required documentation and '� � � y by
Submitinvoice
Completion of
the fifth (51h) day of each month:
$100.00/client
Level 3
1. Documentation of client exit interview
......... _....
Program
Administration
Fee - Not too
Each month, IHCDA will pay an additional 20% of the
exceed 20 /o of
Per -claim basis
corresponding monthly claim total, provided Contractor
the Contract
submitted claims in the corresponding month.
total.
HUD
Completionof
....................--
is
p g� registration payment
will
Certification
documentation. IHCDA reimburse
se Contractor for exam
Exam
Certification
registration of no more than two (2) counselors, and two
Reimbursement
Exam
attempts per counselor (a total of four (4) registration
re istration
payments).
{00033430-1 }
Page 25 of 29
{00033430-1
EXHIBIT C
FEDERAL FORM W-9
REQUEST FOR TAXPAYER IDENTIFICATION
NUMBER AND CERTIFICATION
HTTP://WWW.IRS.GOV/PUB/IRS-PDF/FW9.PDF
Contractor to Fill Out Form on IRS Website and Attach
Page 26 of 29
Form W.0 I
(Rev. November 7"') usit of the "aa,,
into awal Revenue Service I
I Il (as shown on your
City of South Bend
2 Rkjghtrm!inmnol
Request for Taxpayer Give Form to the
Identification Number and Certification requester. Do not
Ill Go to wwwJrs.gov1FormW9 for instructions and the latest information. send to the IRS.
unir,le tay. rallpon). N77, is 7=-qoirod on the iln-, do not leave -=Ns line Tblank,
entity —naWia, if dlffen.,nt —frarnabnvo
3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the
following seven boxes.
El Individual/sole proprietor or El C Corporation El S Corporation El Partnership Trust/estate
single -member LLC
❑ Limited liability company. Enter the tax classification (G-C corporation. 8=3 corporation, P=Partnership) l
Note: Check the appropriate box in the line above for the tax classification of the single-rnernber owner. Do not check
LLC if the LLC is classified as a single -member LLG that is disregarded from the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U,S. federal tax purposes. Otherwise, a single -member LLC l
is disregarded from the owner should check the appropriate hall for the tax classification of its owner.
Other tsoie instructions) Ill Government (APP11" 1. uS,)
street, and apt. or Pout 710 Instructions, Requester's name and address foul mil
4 Exemptions (codes apply only to
certain entities, not individuals; gee
Instructions on page 3):
Exempt payee code (if any)
227 W Jefferson Blvd
"i"Eity, state, and ZIP code
South Bend IN 46601
7 List ao'count numl hot
Taxpayer Identification Number (TIN)
Eviller Year TIN in the appropriate box, 'I he'l IN provided must rnatch the ran to given on [I I ne I to avoid
7
backup withholding. For individuals, this is gorierally your social security' nun-iber l However, for a
resident allion, solo proprietor or dlsregordoat enfity, sale the insVoctiolil for Part I, kater, For other
el It is your, ampll ldenlIllcatkw nurnher (Ei It YOU do 1101 have a number, see How to got a
TIN, pater.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Give the Requester for guidelines on whose number to enter.
Exemption from FATCA reporting
code (if any)
�so',., sa�cT urn —he r
F_
or
ENUMMUMUMME
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. 1 am not nubl to bil withholding because: (a) I am exempt from backup withholding, or(b)1 hive not been notil bythe Internal Revenue
Sil (IRS) that I atop subtact to backup) withholding as a result of a fails re to report all interest or dividends, or (c) the IRS has notified trio, that I am
no longer subject to backup withholdil and
3. 1 am a U,S, citizen or other U.S. person (defined below); and
4. The FATCA codl entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You mil cross Dill ften"i 2 above If You have b"n notified by Ina IRS that your are currontily subject to backpip withholding because
you have failed to report all interest sond dividends on yow tax retuill For wall estate fransactiors, liarn 2 l not apply, For mull rrhlrosrpaid,
acquistion or abandonment of secured property, cancellation of debts contributions, to an indf0dual rotirennent arratingentoril (JRA)„ and generally, payrnents
other Ihan interest and dividends, you are not raquired, to slign the certification, but you must provide your correct'hN. See, the Instructions for Part fl, later.
Sign Signature of
Here I U.S. person ►
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments, For the latest inforniatbri abotit developments
related to Fol W-9 and its Instructions„ such as legislation enacted
alter they Were PUNIShed, go to
Purpose of Form
Ali kidividual or el (Form W-9 requester) who Ls required to file, an
Information return with than IRS must obtain your correct taxpayer
Identification number iTiN)i which may be yarlir socall security number
(,913N), lndividual taxpayer Identilicatiori number l l adopOoll
taxpayer idenlification number (ATIN), or employer identification number
l to report out sill Information returiv the amount paid to you, or offier
amount reportable on an information return. Examples of information
returns include, but are not Ilmited to, the following.
s, Form 1 099-INT (interest earned or paid)
Date Ill 4 1—( 14
- Form 1099-DN (dividends, including those from stocks or mutual
funds)
- Form 1089-MISC (various types of income, prizes, awards, or gross
proceeds)
- Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098 -'1' (tuition)
• Form 1099-0 (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only If you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not reterrn Forri i W-9 to the rogzdaster with a 7'ill you might
be �ubject to backup withholding. See What Is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 11 -2017)
EXHIBIT D
ul" 1'I A ' I" CI1tI IS 11' 1" RNAL PRIVACY/
CON IIIEI' "11AL INFORMAIJON POLICY
Check one:
l Internal Privacy/Confidential Information Policy is attached hereto.
—In the Alternative —
El If contractor has previously provided IHCDA with a copy of the Contractor's Internal
Privacy/Confidential Information Policy, and t`clpolicy 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 # /
City of South Bend Attested by (where applicable):
By:
APPROVED
�I
Printed: _.e..._,_.....__ ar..._.
Title:r
C .w
Date:
(00032805-11
Page 27 of 29
EXHIBIT E
A(`,(,'E,SSIN(;'I'RA'S1,A'I-ION SERYICES
Effective January 1, 2015, 1HCDA uses Propio Language Services.
Over -the -phone Interpreting
Dial the Interpreter:
1-888-804-2044
The auto attendant will prompt:
1. Spanish, press 1; all other languages, press 2
2. (1frion-Spanisin) enter the language cWevzmwja4>
3. Enter your 4-digit account number: 3404
Indiana Foreclosure Prevention Network
You will also be asked for:
Caller's First InNal and Last Name
Agency
Limited English Speaker first initial and fast name
For 3-way calls:
Ask k1k;call.
Back-up who answers (interpreter or operator)) to
place t , 1,
Back-up Interpreter Number: I-Rfifi-366-1284
(C*Lw &OFMitt & uiwftkatpftvy4# fiuOY*VWe,i
A
t00032805-11
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Page 28 of 29
MINN
in
I WIN
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%20Industry%20Standards%
20Code%20of%20Ethics%20and%20Conduct%20Form.pdf
(00032805-11
Page 29 of 29
Print Form
,, btiY4".4i'43p
sr .., National Industry Standards for
Homeownership Education and Counseling
Doatc Ritrot:' t;od'e 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.
(Please fill out all fields below)
Z By checking t' is box (or signing below), I acknowledge that I
have received art read tHhe National Industry Standards Code of
Ethics and Conduc for ownership Professionals and agree
to adopt and adhere e . uidelines as outlined.
Signatu
Print Name: Hedy L. Robinson
Company:City of South Bend
Address: 227 W. Jefferson Blvd- 14th Floor
South Bend, IN 46601
Telephone: 574-235-9475
Email: hrobinso@southbendin.
Web Site: southbendin.ciov
Date: 02/18/2019
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 REQUEST FORM
Date February 25? 2019
Name Pam Me er Department DCI
BPW Date March 12 2019 Phone Extension 5845
r•'y ,, ,. Hwwwwwwwwwwwwwwwwwumrvaeuwmir�m�r �mvr�ew......, uu�unummme�wde�s�uerr���i:;�m�o�rw�waa�mmm�mmmmmmmm�m�mmmmm�mm�mmmmm�m�mmm�wuuumwu�wrvu�
Check the A t' a wt Items �e - ec i� ed r All Submissions
Professional Services Agreement Contract ProposalmmITITmm ....._...
Open Market Contract [1 Amendment/Addendum Special Purchase, QPA
Bid Opening 0 Bid Award ❑ Req. to Advertise ❑ Title Sheet
Quote Opening Quote Award E] Reject Bids/Quotes
Proposal Opening [❑ C/O & PCA No. [:] PCA
Chg. Order, No. Traffic Control F-1 Resolution
Other:
Ease./Encroach
Required Information
Company or Name
Indiana Housingl� and Community Dev ;� ainent utho 11-1CD )
Yes, Approved by Purchasing
New Vendor New
O No
MBE/WBE Contractor
❑❑ WBE Completed E-Verify Form Attached
El Nos
Project Name
IFPN Mortgage Foreclosure Counseling _
Project Number
_
Funding Source
IHCD�A..._...State of Indiana
Account No.
Amount
See Purpose
mmmm.m... ........ . . ____ -- �.....
Terms o Contract
ry 1 _
January , 2019-December 31, 2019
Purpose/Description
Fee for service contract -City is paid for foreclosure counseling to eligible
applicants based on rates in contract; applicants referred through and/or
eligible under Foreclosure Prevention
Network............................_......................_........................................,.................__�� ���..m..
For C.'ha ge Orders Only
Amount of
Increase $
Decrease ($
Previous Amount
.....� �. �....___
$
....
Increase
Current Percent of Change:
....................%)...........................�......�.—_
Decrease
New Amount
$ .w__._.....,
................... /oo������.��........�........ ��.� �w — ..... —. �...........................................�W � � � � . .....
...... Increase
Total Percent of Change:
Decrease
Time Extension Amount:
New Completion Date: