HomeMy WebLinkAboutContract – Counseling for Hardest Hit Funds Related to Housing Delinquency and Default - Indiana Housing and Community Development Authority (IHCDA)INDIANA HOUSING AND COMMUNITY DEVELOPMENT AUTHORITY
PROFESSIONAL SERVICES CONTRACT
fCj!Y Of South 11 nd
Contract No. HHF-2020-024
This Professional Services Contract ("Contract"), entered into by and between the Indiana Housing
and Community Development Authority ("IHCDA" or the "State") 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 the Contractor.
The duties of the Contractor are set forth in Exiiihit A, attached hereto and incorporated fully herein,
and are summarized as follows:
Contractor shall provide intake services, triage counseling, eligibility screenings, advice
on alternative solutions to Hardest Hit Fund ("HHF"), perform file underwriting to
determine whether the client meets the specific HHF qualifications, and to close loans
of qualifying borrowers.
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 in the manner described more
fully in Exhibit 11, 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 fundingcancellation as set forth in Swwww g on occurs,.
Section 21 f"rttr�li�� Cancellation
whichever comes first.
3. Term.
This Contract shall take effect on January 1, 2020 ("Effective Date") and shall be effective for a
period of Fifteen (15) months and remain in effect through March 31, 2021 (the "Term").
4. Access to Records.
The Contractor and its subcontractors, if any, shall maintain all books, documents, papers, accounting
records, and other evidence pertaining to all costs incurred or fees earned under this Contract, and any
other records pertinent to this Contract. They shall make such materials available at their respective
offices 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 its authorized designees. Copies shall be furnished
at no cost to IHCDA. The only exceptions are the following: (1) If any litigation, claim, or audit is
started before the expiration of the five 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.
Assignment; Successors.
The Contractor binds its successors and assignees to all the terms and conditions of this Contract. The
Contractor shall not assign or subcontract the whole or any part of this Contract without IHCDA's
prior written consent. The Contractor may assign its right to receive payments to such third parties as
the Contractor may desire without the prior written consent of IHCDA, provided that the Contractor
gives written notice (including evidence of such assignment) to IHCDA thirty (30) days in advance
of any payment so assigned. The assignment shall cover all unpaid amounts under this Contract and
shall not be made to more than one party,
Assignment of Antitrust Claims.
As part of the consideration for the award of this Contract, the Contractor assigns to the 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 fiends paid through this
Contract. Any such audit shall be conducted in accordance with I.C. 5-I1-1, et seq. and audit
guidelines specified by the IHCDA.
IHCDA considers the Contractor to be a "Contractor" under 2 C.F.R. 200.330 for purposes of this
Contract. However, if it is determined that the Contractor is a "sub -recipient" and if required by
applicable provisions of 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and
Audit Requirements), Contractor shall arrange for a financial and compliance audit, which complies
with 2 C.F.R. 200.500 et seq.
8. Authority to Sind Contractor.
The signatory for the Contractor represents that he/she has been duly authorized 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, 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 the State as set forth in I.C. § 4-2-6 et seq., I.C. § 4-2-7, et. seq., the
regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004. 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 Contactor 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. The Contractor agrees that any payments currently due to the State of
Indiana may be withheld from payments due to the Contactor. 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 IHCDA.
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 IHCDA 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 I.C. 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. The 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
fiords 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.
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.
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 I.C. 4-1-10 and I.C. 4-1-11.
If any Social Security number(s) or personal information (as defined in I.C. 4-1-11-3) 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.
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. 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 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 reimbursement claim to IHCDA
for such additional 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 opportunityto make presentations and enter
into further negotiations. Within thirty (30) 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 (10) 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 thirty (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 Conunissioner's decision, it may be
memorialized as a written Amendment to this Contract if appropriate.
D. IHCDA may withdiold 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 comproinise 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 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 -free workplace through the implementation of
subparagraphs (A) tlu-ough (E) above.
18. Employment Eligibility Verification
As required by IC §22-5-1.7, the Contractor swears or affirms under the penalties of perjury that the
Contractor does not knowingly employ an unauthorized alien. The Contractor further agrees that:
A. Intentionally Omitted.
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. Intentionally Omitted.
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 Maj cure Event"), the party who has been so affected
shall immediately 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 Director of the State Budget Agency makes a written
determination that fiends 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 or the Director of the State Budget Agency that funds are not appropriated or otherwise
available shall be final and conclusive.
22. Governing Laws.
This Contract shall be governed, construed, and enforced in accordance with the laws of the State of
Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in courts located in
Marion County, Indiana.
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 third party claims and suits including court costs, attorney's fees, and other
expenses arising from or connected with 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 for 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 the IHCDA with a Certificate of Insurance evidencing such coverage
prior to starting work under this Contract, upon request.
26. Information Technology Enterprise Architecture Requirement. 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, Commercial general liability, including contractual coverage, and products or
completed operations coverage (if applicable), with minimum liability limits not less than
$700,000 per person and $2,000,000 per occurrence unless additional coverage is required by
IHCDA. IHCDA is to be named as an additional insured on a primary, non-contributory basis
for any liability arising directly or indirectly under or in connection with this Contract.
2. Intentionally Omitted,
3. Errors and Omissions liability with minimum liability limits of $1,000,000 per claim
and in the aggregate. 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.
4. Fiduciary Liability is required if the Contractor is responsible for the management and
oversight of various employee benefit plans and programs such as pensions, profit-sharing
and savings, among others. These contractors face potential claims for mismanagement
brought by plan members. Limits should be no less than $700,000 per cause of action and
$2,000,000 per occurrence.
5. Valuable Papers coverage, available under an Inland Marine policy, is required when
any plans, drawings, media, data, records, reports, billings and other documents are produced
or used under this agreement. Insurance must have limits sufficient to pay for the re-creation
and reconstruction of such records.
6. The Contractor shall secure the appropriate Surety or Fidelity Bond(s) as required by
State or by applicable statute.
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:
8. The insurer must have a certificate of authority or other appropriate authorization to
operate in the State in which the policy was issued.
9. Any deductible or self -insured retention amount or other similar obligation under the
insurance policies shall be the sole obligation of the Contractor.
10. IHCDA will be defended, indemnified and held harmless to the fulll 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.
11. 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.
12. 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 fiirnish a
certificate of insurance and all endorsements to IHCDA upon Contract.
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' ptior 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.
C. Nothing in sections 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
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.
i
This Contract constitutes the entire agreement between the parties. No understandings, agreements,
or representations, oral or written, not specified within this Contract will be valid provisions of this
Contract. 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.
A copy of each subcontractor agreement must be submitted to IDOA's MBE/WBE Division within
thirty (30) days of the effective date of this Contract. Failure to provide a copy of any subcontractor
agreement will be deemed a violation of the rules governing MBE/WBE procurement, and may result
in sanctions allowable under 25 IAC 5-7-8. Failure to provide any subcontractor agreement may also
be considered a material breach of this Contract. The Contractor must obtain approval from IDOA's
MBE/WBE Division before changing the participation plan submitted in connection with this
Contract. The Contractor shall report payments made to MBE/WBE Division subcontractors under
this Contract on a monthly basis. Monthly reports shall be made using the online audit tool, commonly
referred to as "Pay Audit." MBE/WBE Division subcontractor payments shall also be reported to the
Division as reasonably requested and in a format to be determined by Division.
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's or applicant's race, color, national origin, religion, sex, age,
disability, ancestry, status as a veteran, 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 shall comply with requisite affirmative action requirements, including reporting,
pursuant to 41 CFR Chapter 60, as amended, and Section 202 of Executive Order 11246 as amended
by Executive Order 13672.
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:
Marls A. 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 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:
Notices to the Contractor shall be sent to:
Pamela Meyer
Executive Director
City of South Bend
227 West Jefferson Boulevard
South Bend, IN 46601
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.
35. Ownership of Documents and Materials.
A. All documents, records, programs, applications, data, algorithms, film, tape, articles, memoranda,
source code 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 the 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, inunediate, and unrestricted access to the Materials and to Contractor's
work product during the term of this Contract.
36. Payments.
A. All payments shall be made in arrears in conformance with State fiscal policies and procedures
and, as required by IC §4-13-2-14.8, the direct deposit by electronic funds transfer to the financial
institution designated by the Contractor in writing unless a specific waiver has been obtained
from the IHCDA 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.
B, As a further condition of payment, the Contractor shall complete in fiill 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.
37. Pen alties/Interest/Attorney' s Fees.
IHCDA will in good faith perform its required obligations hereunder and does not agree to pay any
penalties, liquidated damages, interest, or attorney's fees, except as permitted by Indiana law, in part,
IC §5-17-5, IC §34-54-8, IC §34-13-1 and IC §34-52-2-3.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from IHCDA's failure
to make prompt payment shall be based solely on the amount of funding originating from the State
and shall not be based on funding from federal or other sources.
38. Progress Reports.
The Contractor shall submit progress reports to IHCDA upon request. The report shall be oral, unless
IHCDA, upon receipt of the oral report, should deem it necessary to have it in written form. The
progress reports shall serve the purpose of assuring IHCDA that work is progressing in line with the
schedule, and that completion can be reasonably assured on the scheduled date.
39. Public Record,
The Contractor acknowledges that IHCDA will not treat this Contract as containing confidential
information. 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 sarne terms and conditions, subject to the 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.
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 ("IDOA") and the State Budget Agency
whenever, for any reason, IHCDA 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
IDOA 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 the State.
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:
13. 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 to by the parties;
14. Deliver the supplies or perform the services within the time specified in this Contract or
any extension;
15. Make progress so as to endanger performance of this Contract; or
16. 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.
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.
Award of this Contract was based, in part, on the Indiana Veteran's Business Enterprise ("IVBE")
} 1 plan, g —� of s will be )ar trr s ni in in this Contract:
COMPANY , O —1 l
�rN t�4 r 79CiCrMn The follOWl'r� IVBE subcontractors UTILIZATION DATE A
f II[ E / I iI Ilt�( I �a
IVBE PHONE NAME and/or SERVICES MOUNT
A copy of each subcontractor agreement shall be submitted to IDOA within thirty (30) days of the
request. Failure to provide any subcontractor agreement may also be considered a material breach of
this Contract. The Contractor must obtain approval from IDOA before changing the IVBE
participation plan submitted in connection with this Contract.
The Contractor shall report payments made to IVBE subcontractors under this Contract on a monthly
basis. Monthly reports shall be made using the online audit tool, commonly referred to as "Pay
Audit." IVBE subcontractor payments shall also be reported to IDOA as reasonably requested and
in a format to be determined by IDOA.
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 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 tecluucal 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.
50. Public Statements, Press Releases, and Media.
Contractor acknowledges that IHCDA is solely responsible for all public statements, press releases
and media related to 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 regarding the services provided under this
Contract to IHCDA; (e) 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 the services provided by Contractor under this Contract; and (t) not create
marketing materials related to the Contract, unless approved by IHCDA. Breach of this Section 50
may be deemed a material breach of this Contract and grounds for immediate termination and denial
of further work with IHCDA.
51. Advertising.
Contractor agrees to use advertising templates provided by IHCDA when referencing the Hardest
Hit Fund program in the Contractor's advertising promotions. IHCDA may provide financial
assistance to the Contractor on a reimbursement basis at its discretion, If the Contractor intends to
request financial assistance from IHCDA for the advertisement or promotion, it must submit its
request and written cost estimate to IHCDA prior to placing the advertisement or promotion. If the
Contractor's request is approved by IHCDA, the Contractor will be reimbursed for its expenses at
the amount agreed to by IHCDA after IHCDA receives the Contractor's receipt/proof of payment
related to the expenses.
52. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387), as amended.
If the total remuneration under this contract exceeds $150,000 the Contractor must comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
53. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352).
Contractors that apply or bid for a federal award exceeding $100,000 must file the required
certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or an employee of
a member of Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non -Federal award.
54. Prohibited Terms and Conditions.
IHCDA will not agree to any of the following terms or conditions:
A. Any provision requiring IHCDA to provide insurance
B. Any provision requiring IHCDA to provide indemnity
C. Any provision providing that this Contract be construed in accordance with laws other than those
of the State of Indiana
D. Any provision providing that suit be brought in any state other than Indiana
E. Any provision providing for resolution of contract disputes
F. Any provision requiring IHCDA to pay any taxes
G. Any provision requiring IHCDA to pay penalties, liquidated damages, interest or attorney's fees
H. Any provision modifying the applicable Indiana statute of limitations
1. Any provision relating to the time within which a claim must be made
J. Any provision requiring payment of consideration in advance unless authorized by an exception
listed in IC 4-13-2-20
K. Any provision limiting disclosure of this Agreement in violation of the Access to Public Records
Act, IC 5-14-3
L. Any provision providing for automatic renewal
M. Any provision requiring IHCDA to agree to limit the liability of the Respondent
5.5. State Boilerplate Affirmation Clause.
I swear or affirm under the penalties of perjury that I have not altered, modified, changed, or deleted
the State's Boilerplate contract clauses (as contained in the 2016 OAG/IDOA Professional. Services
Contract Manual) in any way except for the following clauses which are named below:
11. Condition of Payment, Added "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 Controller." Added "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' to comply with requirements of IHCDA's accounting
department.
12. Confidentiality of State Information. Added the words "or other personal
information" into the first sentence in the second paragraph of this section after the words
"Social Security numbers". Added "or on behalf of IHCDA" into the first sentence in the
second paragraph of this section after the phrase "maintained by"
18. Employment Eligibility Verification. Deleted A and C, since IHCDA is a public
body corporate and politic and does not meet the definition set forth in IC 4-6-3-1 referenced
in IC 22-5-1.7-7.
21. Funding Cancellation. Referenced the Executive Director of IHCDA along with the
Director of the State Budget Agency since some of IHCDA's funding comes from other non -
State sources.
22. Governing Law. Substituted `-courts located in Marion County, Indiana" for "the
State" at the end of the last sentence of the section.
25 Independent Contractor. Inserted "Except as provided in Section 24 above," before
the sentence beginning with "Neither party shall assume".
27. Insurance. Changed paragraph A(1) to lower limits to $700,000 per person and
$2,000,000 per occurrence. The reduced coverage amounts are acceptable to IHCDA, given
that the higher limit of $5,000,000 would require multiple, layers of insurance coverage at a
cost that is disproportionate to the contract amount. Deleted paragraph A(2). Modified
Paragraph (A)4 to reduce the per occurrence liability limit to $2,000.000, Modified the first
sentence of paragraph A(7) to make the Contractor obligated to provide the proof of insurance
upon request. Modified the second sentence of paragraph (C) to make the Contractor
obligated to provide the proof of insurance upon request.
33. Notice to Parties. Deleted "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 Indiana Auditor of State." after address of Contractor.
36. Payments. Deleted "35 days" before "in arrears" in subsection A. Substituted
"IHCDA Controller" for "Indiana Auditor of State" in subsection A because IHCDA manages
its funds separately from the State. Substituted "IHCDA" for "The State Budget Agency" in
subsection B.
44. Termination for Convenience. Substituted "may continue" for "becomes effective"
in lines 4 — 5 of this paragraph.
45. Termination for Default. Added subsection E: This Contract may be suspended
and/or terminated immediately if the Contractor has breached, defaulted, or conunitted fi•aud
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.
50. Public Statements, Press Releases, and Media. Added this provision.
51. Advertising. Added this provision.
NON -COLLUSION AND ACCEPTANCE
The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that
lie/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, the 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
Title:
Date:
Indiana Housing and
Authority
LOW
Printed: J. Jacob Si e
p
Title: Executive Director
Date:
Community Development
Contract Number: HHF-2020-024
52. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Required for federally -funded awards.
53. Byrd Anti -Lobbying Amendment. Required for federally -funded awards.
54. Prohibited Terms and Conditions. Added this section. Prohibited terms and
conditions are referenced in the state contract addendum but should also be referenced in the
state contract boilerplate to put the Contractor on notice.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
PROFESSIONAL SERVICES CONTRACT
(City of South Bend
EXHIBIT A
SCOPE OF SERVICES
Conti -act No. HHF-2020-024
PURPOSE
The purpose of this Contract to which this Exhibit A is attached is to contract with the Contractor to serve
as a trusted advisor to borrowers who are unemployed homeowners and have met the pre -eligibility
requirements of the Hardest Hit Find ("HHF") and the Indiana Foreclosure Prevention Network ("IFPN").
The goal of the Contractor is to provide intake services, triage counseling, eligibility screenings, advice on
alternative solutions to HHF, perform file underwriting to determine whether the client meets the specific
HHF qualifications, and to close loans of qualifying borrowers (the "Services"). The Contractor shall
provide the Services in compliance with the standards and guidelines for HFIF in the IFPN/HHF Participant
Manual, as amended from time to time (the "Participant Manual"), which is available online at the "Partner"
page at www.877gethope.org and incorporated herein by reference.
During the Term of this Contract, the Contractor is expected to act in accordance with the "Description of
Services to be Performed" and the "Review Administration" sections set forth in this Exhibit A.
SERVICES
ACCEPTANCE OF REFERRALS
The Contractor shall be responsible for providing the Services in the Indiana counties specified in Section
1 of the Contract. The Contractor shall receive files by referral only, IHCDA shall refer HHF applicants
to the Contractor through its online service portal, CounselorDirect, and the Contractor shall handle all files
within CounselorDirect as directed by IHCDA staff, In the unlikely event that the Contractor determines
that it has no capacity to accept additional referrals, the Contractor shall immediately notify IHCDA. This
notification should include the reason for lack of capacity, the date by which the Contractor reasonably
believes it can begin accepting referrals again, and an alternative referral plan for HHF applicants residing
in the counties in which the Contractor serves until such time that the Contractor can begin accepting
referrals.
COOPERATION WITH IHCDA
In addition to the distribution of certain marketing materials provided by IHCDA, the Contractor shall
cooperate with any and all requests by IHCDA to post links or other information on its existing website, if
any. The Contractor shall also cooperate with all requests for information and shall answer all inquiries
with respect to its operations as directed by IHCDA in a prompt manner, including without limitation, to
all inquiries related to audit and compliance reviews (whether onsite or offsite) of the Program, whether
such inquiries are made directly by IHCDA, its agents or any other third party.
CONFIDENTIALITY
All communication between the Contractor and IHCDA that includes borrower's Nonpublic Personal
Information shall be sent or submitted through encrypted e-mail, secure loan port or other similar secure
electronic delivery system. In accordance with HUD, privacy, telemarketing, and information security laws,
regulations, and guidelines, the Contractor agrees that it will maintain or implement appropriate measures
designed to (a) ensure the security and confidentiality of any Nonpublic Personal Information it receives
from the other party, (b) protect against any anticipated threats or hazards to the security or integrity of such
information, including, without limitation, implementing necessary screening and background checks for
individuals that may access or use the Nonpublic Personal Information as permitted by this Agreement, (c)
protect against unauthorized access to or use of such information that could result in substantial harm or
inconvenience to the subject of such information, (d) ensure the proper disposal of all Nonpublic Personal
Information received from the other party upon the termination of this Contract for any reason, unless the
information is required to be retained for legal or regulatory record retention purposes, (e) treat the
Nonpublic Personal Information with at least the same degree of care that it uses to protect its own
confidential and proprietary information of a similar nature but with no less than a reasonable degree of
care, and (f) implement or utilize appropriate technological safeguards that are at least in compliance with
the Gramm -Leach -Bliley Act as well as any generally recognized industry standards. For the purposes of
this Contract, the term "Nonpublic Personal Information" shall mean any information received from or
provided by another party which pertains to or identifies an individual, such as a name, postal address, e-
mail or IP address, facsimile or phone number, mother's maiden name, social security or identification
number, transactional, employment, or financial data, tied ical or health records, personal, gender, political,
profile, account, and password information.
RI'TUTA,I ION ()Iw "l",Il 11W,) ,,) A(v'I, N01] IC A"HONS.
The Contractor acknowledges the importance of protecting the reputation of the Program and shall
immediately notify IHCDA of any conduct by its employees or agents that may damage the Program's
reputation. "file Contractor shall further immediately notify IfICDA in the event that any of its employees
or agents commits a grossly negligent or reckless act or willfitl or intentional misconduct (including, but
not limited to misrepresentation or fraud) in connection with the performance of any act pursuant to this
Contract or associated with the Program.
CIh" "I"1s1�I,l:NA°l If;,N
In the event that the Contract expires or is otherwise terminated by either party, the Contractor slialI destroy
all HHF materials, except to the extent that it is required to retain records as otherwise required by the
Contract, including but not limited to all pamphlets, flyers, newsletters, posters, displays or other
promotional materials in its possession and shall remove all references and links with respect to the Program
on its website.
DESCRIPTION AM) I IIvII"LINI OF fd(VIC E:S TO BE PERFORMED
The Contractor shall perform Services according to the STEPS in the following description and timeline.
Note that Conlractor is referred to herein as "HI -IF Intake Specialist" or "SI)ecialisl" in this section of'
Exhibit A.
(1) HHF Intake Specialist shall make contact with the client within two (2) business days alter
receipt of a referral to discuss the intake process with the client and instruct the client to
complete the initial information packet, which will be sent by Specialist to the client
immediately after first contacting the client; the client must submit the packet to the
Specialist as soon as possible but no later than 30 days from the date of referral.
(a) Specialist shall make three (3) attempts on separate dates to contact the client at the
phone number or email address provided by the client if there is no response, then
Specialist must submit a letter to the client, instructing the client to contact Specialist
to continue the HHF application, If 14 days go by with no follow-up on the part of the
client, the case should be closed and noted as such in CounselorDirector by Specialist.
(b) Specialist shall close and note as "Inactive" in CounselorDirect, after thirty (30) days
has elapsed and the client has not returned the initial information packet.
(c) If, after his or her case is closed, the client contacts IFPN or Specialist to continue the
HHF application, the client must restart the application at STEP (1) and complete the
information packet. Specialist shall take into account the client's initial non -
responsiveness for any subsequent assessment for assistance. Further non -
responsiveness will be cause for dismissal from the Program.
(2) Specialist shall complete the initial screening of the client based on the completed
information packet and shall indicate the protjlrfiv of the client's eligibility for HHF and
whether lender/servicer would be willing to modify its existing loan (through a "private
label" option) with the information provided by the client. If the initial screening indicates
that the client is not eligible for HHF, Specialist will notify the client and refer him or her
to IFPN for foreclosure prevention services.
(a) Is the client best served by an out -of -home workout? If so, Specialist shall discuss
this option with the client and, if the client is amenable, contact servicer to and attempt
to seek relocation funds for homeowner for short -sale or deed -in -lieu.
(3) If the client would not be best served by an out -of -home workout, Specialist shall work to
determine the client's eligibility for HHF.
(a) The client must meet either in person (recommended) or remotely/telephonically for a
document verification meeting.
(b) Specialist shall explain the HHF program to the client and any requirements that the
client will need to complete in order to remain eligible.
(c) Specialist shall work with client to develop a HHF action plan.
(d) If the Specialist reasonably believes that the client is eligible for HHF assistance, then
the Specialist must send the client's documents and application to IHCDA staff via
CounselorDirect for final review. These documents must include all previous notes
about the client, such as failed attempts to contact client, etc. The Specialist shall
provide the client with a copy of the HHF Intake Letter, and the HHF Job
Training/Education/Volunteer Service Information Sheet.
(4) IHCDA staff will review information received and may contact Specialist to provide
additional information about the client.
(a) The Specialist will be informed of IHCDA's decision and, if the client is declined, the
Specialist will inform the client and discuss all remaining options (including an out -
of -home option if that was not the initial desired outcome).
(b) If the client's application is accepted, the IHCDA Underwriter will complete and send
loan/closing documents to Specialist for execution at IHCDA's instructions.
(5) After the IHCDA Underwriter prepares the loan/closing documents and forwards them to
the Specialist for closing, the loan will be closed by the Specialist as instructed by.
Specialist shall gather necessary documentation from the client to allow for collection of
the client's regular monthly mortgage contribution and other client requirements, and the
note and mortgage connected to the HHF loan shall be recorded by Specialist at the
County's recorder's office.
(6) Upon termination of HHF assistance, Specialist shall continue to negotiate with servicer
for a long-term modification of the client's loan and shall record all such negotiations and
outcomes in CounselorDirect for reporting purposes. At that time, as appropriate, the
Specialist may utilize IFPN or other approved funding sources to pay for these continued
counseling services.
Any counseling services described above must be provided in accordance with the standards
outlined in the HHF Participant Manual and in the National Industry Standards for
Homeownership Education and Counseling (located online at
1t.d,rt;Ir IPav nr latrraoc :�vwt � N ll al oµtlt9<t�tla c afr��Cl.pS s � iwlNaiatr�,�al�: 20lndtl5t�y��,�, �atl�u�t9tlA�l�"/y�11
t °a';stlt t()ct941;0 tl�iicsyil n�tl,°°k0("taAltlt�cC4'[l (the "Standards"),
FEES
The Contractor shall submit documentation and work invoices to IHCDA for fees earned on a monthly
basis. If the Contractor continues to perform all responsibilities without breach of this Contract, it shall be
eligible for HHF fees as follows:
1. 1lllF' 1.wa.11ig„jl�4c t�wa� _ _r$50: The Contractor shall be eligible to receive a referral fee of $50
,..(tuutul ��,
if the Contractor accepts a client referral who has been determined to be a "pass" in the
COUnselorDlrect system or is a Walk-in Client.
2. ("onlillet Application Submission fbe ,o' 100: The Contractor shall be eligible to receive a fee of
$100 if the Contractor assists the client through the HI -IF unemployment bridge loan application
process and the client's complete application is transferred to the IFPN staff for processing, provided
that the client's application has been certified complete by the IFPN staff. In cases where a previously
approved and funded borrower who has exited the program returns with a new hardship (a "Return
Borrower") and the Contractor submits a newly updated complete application for such borrower, tine
Contractor shall be eligible for an additional payment of the Complete Application Submission fee;
12-1, vided,, lioNWever, that, in such case, the Contractor shall be eligible for no other additional fees for
a Return Borrower,
3. 11111.... ppdt�vgtl lcc c�!' $14 : Tine Contractor shall be eligible to receive a fee of $425 if the
client's HHF application is approved by the IHCDA staff and such loan closes.
4. 111 ll' 1,oan,t.'°losing The t�i .�� The Contractor shall be eligible to receive a fee of $75, if the
Contractor closes the HHF loan.
MAXIMUM PAYOUTS
The Contractor is eligible to receive no more than $650 per client in fees as set forth above. In
instances involving the application approval of a Return Borrower, the Contractor will be
eligible to claim only the HHF Approval Fee and (if applicable) the HHF Loan Closing Fee as
set forth above.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
PROFESSIONAL SERVICES CON'lRAC 1,
tL11 it:^r of"Soutlt Ilc11"M
EXHIBIT B
FEES
Contract No. HHF-2020-024
For performing the services required by the Contract
to which this Exhibit B is attached and in
accordance with Exhibit A per contractual terms
and conditions, the 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.
......._.
PAYABLE _,FEE, ... m .......
_ mm...mm..mm.m _.... _. ....... _.................. ...... —
- PROCESS..","",-- -- ._
Submit the following required documentation by the fifth
(5th) day of each month;
1. The Contractor accepts a client referral who has been
determined to be a "pass" in the CounselorDirect system
Completion of Pre-
or is a Walk-in client.
2. Documentation of client follow-up.
$50.00/client eligible Referral
I. Assist the client through the HHF. unemployment'
bridge loan application process.
2. Client's complete application is transferred to IFPN
staff for processing.
Completion of
3. Client's application has been certified complete by the
$ 1 00.00/client Application Submission
IFPN staff.
4. Contractor submits a newly updated complete
application for previously approved or funded
borrowers„
5. Documentation of client follow-up.
$425.00/client Completion of HHF
Approval
1. Client's HHF application is approved by the IFPN staff
and such loan closes.
HHF Loan Closed by
1. Counseling agency staff close the loan according to
$75.00/client Counseling Agency
Staff
HHF loan closing protocol and submits ORIGINAL
signed documents to IFPN staff.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
HHF Professional Services Contract
Contract No. HHF-2020-024
PROFESSIONAL SERVICES CONTRACT
Lty^ of"Souttu Bcn(f
EXHIBIT C
FORM W-9
Contract No. HHF-2020-024
FIHF Professional Services Contract
Contract No. HHF-2020-024
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/5/2020
Department ---
Name
DCI
BPW Date-I+ebrti.ry 25
2020
Phone Extension 5845
Review and ppr vtt R cq�r i Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer
Officer Name
M. Patton
-....
orne
BPW Attorney y .
��W_
m..
.... Name....
AttorneyClara
Dani
McDaniels
els
Dept. Attorney
Attorney Name
Sandra Kennedv
Purchasing
[�
Professional Services
Agreement
Open Market Contract
❑ Bid Opening
Quote Opening
Ej Proposal Opening
Chg. Order, No.
Other:
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
ons
Contract LJ Proposal
Amendment/Addendum
❑ Special Purchase, QPA
El Bid Award
❑ Req. to Advertise ❑ Title Sheei
[] Quote Award
Reject Bids/Quotes
❑ C/O & PCA No.
F] PCA
❑ Traffic Control
E] Resolution
El Ease./Encroach
R uired Information
I'iaga l�l
Yes If Yes, Approved by Purchasing
❑[D No
❑ MBE Completed E-Verify Form Attached Yes
❑ WBE E] No
Hit 1 i.�wids Counselor
�.I lay c c,t, H...
......rw
StateoGpiscli!M based on Fees „in Exhibit I
�..._.° 2t12f „i!cl z 2021__.....
J py 1
o provide services those nee l' counseling screenings advice car
�T.
�1.fternativc solutions related to hoLisi"Atipl�ncf��cl�y nli
default
�
Increase $
Amount of
Previous Amount
$
Increase %
Current Percent of Change: Decrease
New Amount $
Total Percent of Change: Increase %
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Decrease
Time Extension Amount:
New Completion Date: