HomeMy WebLinkAboutContract – Counseling for Mortgage Foreclosure Prevention - Indiana Housing and Community Development Authority (IHCDA)INDIANA FORECLOSURE PREVENTION NETWORK
PROFESSIONAL SERVICE'S 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-2020-024
This Indiana Foreclosure Prevention Network Professional Services Contract ("Contract"), entered
into by and between the Indiana Housing and Community Development Authority ("IHCDA")
and City of South Bend having a DUNS# of 74327123, (the "Contractor"), is executed pursuant to
the terms and conditions set forth herein. In consideration of those mutual undertakings and
covenants, the parties agree as follows:
1. Duties of Contractor.
The duties of the Contractor are set forth in F,xhibit 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
I+*xhibit 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 2I. Funding Cancellatirxn occurs,
whichever comes first.
3. Term.
This Contract shall take effect as of January 1, 2020 ("Effective Date") and remain in effect through
December 31, 2020 (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
f 00036573-1 } Page 1 of 319
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. Asir„°n%Succe«st'r°s
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. AssjgT!j gat ntittµust+t ain s.
As part of the consideration for the award of this Contract, the Contractor assigns to IIICDA 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 nenL7 be required to submit to an audit of finds paid through this
Contract. Any such audit shall be conducted in accordance with IC 5-11-1, el. seq. and audit
guidelines specified by IHCDA.
The Contractor further acknowledges that following the expirations of this Contract, the Contractor
!M 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 Govermnents, 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.
{00036573-1 } Page 2 of 319
8. Audiorit to Rind +1"ontracfor.
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. Clean yes i W?w'1'ork
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. f."orrroliance 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 IIICDA 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 IIICDA may delay, witliliold, or deny
work under any supplement, amendment, change order or other contractual device issued pursuant
to this Contract.
(00036573-1 } Page 3 of 319
B. 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.
I -I. 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 1!a lllellt...
All services provided by the Contractor under this Contract must be perforined to IHCDA's
reasonable satisfaction, as determined at the discretion of the undersigned II-ICDA representative and
{00036573-1 } Page 4 of 319
in accordance with Exhibit A and all applicable federal, state, and local laws, ordinances, rules and
regulations. IIICDA 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.'crnl"itleNttikelit aI" lwc�larua:lia.
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 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, ANII SUCH ;H POLICY HAS NOT COIANGED, 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.
100036573-1) Page 5 of 319
13. CoL__ ity of Seryiee& Intentionally omitted.
14. Debarment an(I St staen,sjj )n,
I. 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 htdiana. 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.
The Contractor certifies that it has verified the state and federal suspension and debarment status for
all subcontractors receiving fluids 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 II-ICDA'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 I1 CD .
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. Dii rotes.
IC 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.
L. 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.
M. 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
Conunissioner does not modify the written decision within 30 business days, either party may take
{00036573-1 } Page 6 of 319
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,
N. 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.
O. With the written approval of the Conunissioner of the hidiana Department of Administration, the
parties may agree to forego the process described in subdivision C. relating to submission of the
dispute to the Conunissioner.
P. 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. Dry -Free Worklace 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;
Q. 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;
R. 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;
S. 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;
{00036573-11 Page 7 of 319
T. 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;
U. 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
V. Making a good faith effort to maintain a drug -free workplace through the implementation of
subparagraphs (A) through (E) above.
18. >G+ ►npment 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:
W. 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.
X. 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.
Y. 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. ,' l)lo� it () ution. Intentionally omitted.
20. Force Majeure.
In the event that either party is unable to perform any of its obligations under this Contract or to enjoy
any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the
affected party (hereinafter referred to as a "Force Majeure Event"), the party who has been so affected
shall immediately, or as is soon as reasonably possible under the circumstances, give notice to the other
party and shall do everything possible to resume performance. Upon receipt of such notice, all
obligations under this Contract shall be immediately suspended. If the period of nonperformance
exceeds thirty (30) days from the receipt of notice of the Force Majeure Event, the party whose ability
to perform has not been so affected may, by giving written notice, terminate this Contract.
{00036573-1) Page 8 of 319
21. Funding C�ancellatiou.
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 finds are not appropriated or otherwise available to
support continuation of performance shall be final and conclusive. The Contractor acknowledges that
the Maxiinum 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. Govern*rr . 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.
zWVARMTfflff=
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. Jnd_a r ndcpt Contra tor; gllgcM, � +l "r�rrrr�cnsatio�w Iwasrw�ance.
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.
{00036573-1 } Page 9 of 319
26. Irrlrrrrratirrrr Teelmology Enterprise rclrrtecture llr-ctrrir°crItt Intentionally omitted.
27.1nsuranee.
Z. 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
occurrence and $2,000,000 in the aggregate unless additional coverage is required by the
IHCDA. The IHCDA is to be named as an additional insured on a primary, non-contributory
basis for any liability arising directly or indirectly under or in connection with this Contract.
2. Automobile Liability. Intentionally Omitted.
Professional Liability, also known as Errors and Omissions Insurance, for those Contractors
required to hold a professional license by the Indiana Professional Licensing Agency with
limits not less than $700,000 per cause of action and $2,000,000 per occurrence. This is
coverage available to pay for liability arising out of the performance of professional or
business related duties, with coverage tailored to the needs of the specific profession.
Coverage for the benefit of the IHCDA shall continue for a period of two (2) years after the
date of service provided under this Contract.
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.
AA. 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.
Any deductible or self -insured retention amount or other similar obligation under the
insurance policies shall be the sole obligation of the Contractor.
10. 11 ICDA 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.
{00036573-1 } Page 10 of 319
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.
BB. Failure to provide insurance as required in this Contract may be deemed a material breach of
contract entitling IHCDA to immediately terminate this Contract. Tile Contractor shall furnish a
certificate of insurance and all endorsements to IHCDA upon request.
28. Key Personisl.
CC. 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.
DD. 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 IICDA.
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 l)ersan(s) to this Contract Ware Pamela Meyer, No*w*.du- - -and Hedy Robbinson
29. Licensing 'Standards.
The Contractor, its employees and subcontractors shall comply with all applicable licensing standards,
certification standards, accrediting standards and any other laws, rules or regulations governing
services to be provided by the Contractor pursuant to this Contract. IHCDA will not pay the
Contractor for any services performed when the Contractor, its employees or subcontractors are not
in compliance with such applicable standards, laws, rules or regulations. If any license, certification
or accreditation expires or is revoked, or any disciplinary action is taken against an applicable license,
certification or accreditation, the Contractor shall notify IHCDA immediately and IHCDA, at its
option, may immediately terminate this Contract.
30. Merger &, Modification.
This Contract contains the entire agreement between the parties. No understandings agreements,
representations, inducements, promises or oral agreements not embodied herein shall be of any
force or effect. This Contract may not be modified, supplemented, or amended, except by written
agreement signed by all necessary parties.
{00036573-1} Page 11 of 319
31. 1�finorit all(] Woluen"s Business 1+r tterises Cc rmawl i rtwe . lnte it tip nail I1i t d.
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
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.
II-ICDA 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:
Marlc 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
{00036573-1) Page 12 of 319
B. Notices to the Contractor shall be sent to:
Pamela Meyer
Executive Director
City of South Bend
227 West Jefferson Boulevard, 14th Floor
South Bend, Indiana 46601
C. Awarding Official
J. Jacob Sipe
Executive Director
Indiana Housing and Community
Development Authority
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 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. 0ivnershil�n of Doeulnents and Materials.
EE.AII documents, records, programs, applications, data, algoritluns, 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 I11CDA. If ownership interest in the Materials cannot be assigned to IHCDA,
the Contractor grants IHCDA a non-exclusive, non -cancelable, perpetual, worldwide royalty-fi•ee
license to use the Materials and to use, modify, copy and create derivative works of the Materials.
FF. 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.
36.1rr nrrernts.
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
{00036573-1 } Page 13 of 319
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. Pei'tfaltica/l itci,est/Attor°iiuy'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 1HCDA's failure
to make prompt payment shall be based solely on the amount of funding originating from IHCDA
and shall not be based on fielding from federal or other sources.
38, Progress Rcl orts.,
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 IIICDA 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 IIICDA.
40. Rene,y31 ( )ILII.
This Contract may be renewed under the same terms and conditions, subject to approval of the
IHCDA Board of Directors, and in compliance with IC 5-22-17-4. The term of the renewed Contract
may not be longer than the term of the original Contract.
41. ever l lMlty
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.
(00036573-11 Page 14 of319
42. Substantial Performance.
This Contract shall be deemed to be substantially performed only when fully performed according to
its terms and conditions and any written amendments or supplements.
43. Taxes.
IHCDA is exempt from most state and local taxes and many federal taxes. IHCDA will not be
responsible for any taxes levied on the Contractor as a result of this Contract.
44. Termination for Convenience.
This Contract may be terminated, in whole or in part by IHCDA which shall include and is not limited
to the Indiana Department of Administration and the State Budget Agency whenever, for any reason,
IHCDA, IDOA or the State Budget Agency determines that such termination is in its best interest.
Termination of services shall be effected by delivery to the Contractor of a Termination Notice at least
thirty (30) days prior to the termination effective date, specifying the extent to which performance of
services under such termination may continue. The Contractor shall be compensated for services
properly rendered prior to the effective date of termination. IHCDA will not be liable for services
performed after the effective date of termination. The Contractor shall be compensated for services
herein provided but in no case shall total payment made to the Contractor exceed the original contract
price or shall any price increase be allowed on individual line items if canceled only in part prior to
the original termination date. For the purposes of this paragraph, the parties stipulate and agree that
the Indiana Department of Administration shall be deemed to be a 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.
GG. 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 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 Contact; or
16. Perform any of the other provisions of this Contract.
HH. If IHCDA terminates this Contract in whole or in part, it may acquire, under the terms and
in the manner IIICDA 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.
II. 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
{00036573-1 } Page 15 of 319
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.
JJ. The rights and remedies of IIICDA in this clause are in addition to any other rights and remedies
provided by law or equity or under this Contract.
KK, This Contract may be suspended and/or terminated inunediately 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 Cnternrise COmnliauCe. Intentionally Omitted.
48. Waiver of l ialits»
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.
Stl. Acce»sil)ility
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
{00036573-1 } Page 16 of 319
Language Line Solutions using IHCDA's account, as detailed in Exhibit If , attached hereto and fully
incorporated herein.
51. ("oo wr ation.
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:
LL. Standard compliance reviews of program operations and counseling files for clients reported to
IFPN, in which reviews are conducted on -site or remotely;
MM. Additional client rile reviews and site visits, in which files are selected at random for remote
compliance reviews of specific client files; and/or
NN. 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. Incli ible Ex eases.
The Contractor shall promptly repay IHCDA, out of non -State resources, for any fiords 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
IIousing 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. Mayda!ov Ilisclosur°e to (" ieuts.
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
{00036573-1) Page 17 of 319
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 1 udustr r tandards Code of Ethics and Conduct and Minimum Standard
Activities for Foreclosure lntei°vv ation and Default Counseling.
The Contractor hereby certifies that all counselors performing services under this Agreement have
signed the National Industry Standards Code of Ethics and Conduct. If Contractor is not a HUD -
approved housing counseling agency, it certifies that it meets or exceeds HUD's housing counseling
approval requirements. The Contractor certifies that all work performed under this Contract will meet
the Minimum Standard Activities for Foreclosure Intervention and Default Counseling. If the
Contractor is a HUD -approved housing counseling it must be in good standing with HUD. "Not in
good standing" is defined as a failure to comply with the laws and regulations that govern the 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 fields being withheld by HUD.
55. Public MStatawu�carts� l'a cs� 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 IIICDA at the times and according to the
instructions given by IHCDA; (b) promptly refer all media inquiries on IFPN or the Contract to
IIICDA; (c) immediately contact IHCDA with any questions about media or marketing materials; (d)
not alter the marketing materials provided by IIICDA; (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 IIICDA.
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 itselo that may stand to benefit
from particular assistance outcornes,
{00036573-1 } Page 18 of 319
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:
Printed:
Title:
Date:
Indiana Housing and Community
Development Authority
IN
Printed: J. Jacob Sipe
Title: Executive Director
Date:
{00036573-1 } Page 20 of 319
58. (; ood.S tall (lit, .
The Contractor must be currently authorized to do business in all states where it proposes to provide
counseling services and the Contractor has current certificates of good standing in all states in which
it operates.
59. 1lnnlic ate^ C' icnt Rcscl
Any client who received counseling services prior to July 1, 2017 will be eligible to be counseled
again by the Contractor on or after January 1, 2018 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, 2018 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
January 1, 2018 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 finding.
60. Client Ri "1 ;;
In order to keep as many options as possible available to clients, the Contractor mist 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 wish its clients or its clients se i dr,,,; ()i° lender;s, should the client
willingly seek assistance lions anotticr organization.
61. Conflict of Interest Disclosure.
The Contractor must disclose in writing any potential conflict of interest to IHCDA.
62. Exhibits. Exhibits A, 13, C, D, E, and F attached hereto, are fully incorporated herein.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
{00036573-1) Page 19 of 319
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 counseling services prior to January 1, 2019 will be eligible to be
counseled again at Level 1,
Level One Cminseling fAction Plan Deve�lo rincut and Implementation). To qualify for a Level
One payment ($250.00), Contractor will be required to complete all 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 Di+selostire. 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.
{00036573-1) Page 21 of 319
4. �' !y1tt y 'olieL 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. Ihivin a access to llie_tariv y policy ebsite:...!Ilo+�..s._rtt�)t
p L.' _ we �r� rc: ,_tutu t�irtktta�h:Stl)I � �y..
satisfy this.req,uirement.unless there is affirmative confirmation rllucl do uni.entcc��l?tgq[,ti1�t
theclient has t_eviewe N the pgtic y irl file rile.Clients that Choose lii o t olit„atnlmnot sft�,re their
information with affiliated third partiescannot be uploaded into the DMS for payment.
5. Bljdg(wt and. Verification. n.. 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 Talwn. 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 flan in each client file.
Contractor should. dt�ticmma .. atlil�sa��lrtt�tae au�t�,iti,�wi,�l�o,i„�1„le stpp,�, 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 requites
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
7 It is acceptable for Contractor to combine the Authorization Form, Disclosure Statement, and Privacy Policy into as ingle
document which the client signs and the Contractor maintains in the client file.
{00036573-1) Page 22 of 319
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.
i'"aximuin 1'r!u out:
The Contractor is eligible to receive a maximum per -client payout of $300 (the sum of Level
counseling and the 20% Program Administration Fee, as set forth in Exhibit B).
{00036573-1) Page 23 of 319
Termillation of, Co'1111,SCHIJIV.,
The • must document every termination of • 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 of
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.
i 1 11
I Ii I JI 11 11!� 11,11 0 MODUHUMAM
(00036573-1) Page 24 of 319
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.
F......
FEE - -� mm
'mPAYABLE
---- -__ .._..._..._...�.�.............. ..... .... ..__._ ._... ----
PROCESS
--------- .... .....
........................... —................... ------
Submit the following required documentation and invoice by
the fifth (5"') day of each month:
1. Intake form;
2. Authorization form;
Completion of
3. Disclosure form;
$250.00/client
Level
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.
Program
Administration
Fee - Not to
Per -claim
Each month, IHCDA will pay an additional 20% of the
exceed 20% of
basis
corresponding monthly claim total, provided Contractor
the Contract
submitted claims in the corresponding month.
total.
._.. ....... ....... .........
HUD
Completion of
-----_--.... ..... ........ - . ................. -.
P g g payment
documentation.
Certification
HU
c•exam
IHCDAtwill reimburse Contractor for
Exam
Certification
registration of no more than two (2) counselors, and two
Reimbursement
Exam
attempts per counselor (a total of four (4) registration
registration
payments).
(00036573-1 } Page 25 of 319
EXHIBIT C
FEDERAL FORM W-9
VIN
NUMBER AND CERTIFICATION
HTTP://WWW.IRS.GOV/PUB/lRS-PDF/FW9.PDF
Contractor to Fill Out Form on IRS Website and Attach
{00036573-1} Page 26 of 319
EXHIBIT D
(','ON'1,`RAC'TOR'S INTENNAL PRIVACV/
CONFIDEN11AL, INFORMA'VION 1101,l(',X
Check one:
❑ Internal Privacy/Confidential Information Policy is attached hereto.
—In the Alternative—
E] If contractor has previously provided IHCDA with a copy of the Contractor's Internal
Privacy/Confidential Information Policy, iq �L!iq�b_p liqy i ( Jjs,,,j
i _o_ " 11 ._L tjrj, the Contractor shall
complete the following instead of resubmitting its policy:
Contractor's Internal Privacy/Confidential InformatiOli P011W, has not changed since dic time it
was submitted to IHCDA in conjtinution with Contract It
City of South Bend Attested by (where applicable):
By:
. .... . . . .. .. .......
......... . . .... . . . .
Printed: 40OW of %Mid Wdob
Title:
Date:
{00036573-1} Page 27 of 319
I
I
N
0
E
12
CL
CD
04
a
0
G.
cL C?
0000
®
m �p
12
1
A o? o
w
m
iq
L.
u)
m
40
tv
a �
pi
LL
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
(00036573-1) Page 29 of 319
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 2/5/2020
Department
Name ..l"I�nl °fever, DCI
BPW Date Fel�rur 25 21'120 Phone Extension 5845
— m,�rmnruimr�mmmnu.�mmr�wuumwuuiuwiwnwuiuiumwn, uranim�iuw;wr�.rmwmwv�MI imrmrm; mmnmmnmmnmmnmmmn�lvppi
Review and fr!pvl ldgifited Prior to Submittal to Board W
Diversity Compliance Officer Name M. Patton �
and Inclusion Officer
BPW Attorney
Dept. Attorney
/1
Purchasing
Check th
Attorney Name __....me Clara McDanlels
Attorney Name Sandra Kennedy
Ll Professional Services Agreement ,]! Contract
F] Open Market Contract ❑ Amendment/Addendum
0 Bid Opening [] Bid Award
Quote Opening El Quote Award
[] Proposal Opening n C/O & PCA No.
❑ Chg. Order, No. El Traffic Control
Ja Other:
-_ Reauired Informatio
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
qr. All ,Submissions
[J Proposal
El Special Purchase, QPA
Req. to Advertise ❑ Title Sheei
E] Reject Bids/Quotes
F] PCA
❑ Resolution
Ease./Encroach
Indiana t tm uic�u�;tit and Cotntn�tnli ....Dcv l tl�t �ti that 1t .Aj.........
YesE] If Yes, Approved by Purchasing
❑❑ No
❑ MBE Completed E-Verify Form Attached El Yes
❑ WBE ❑j No
Indiana Foreclosure PreventionwNctwosl� 11 1, w'rtt�clit.lmm.
".._ _.. m... .
fate f is y l of cc���nseh based on Fees i n 1 xli iltt
January,..1 , 020 December 31, 2020
To_provide services t _o those homeowners nee wwwwww ding counseling„ and referrec
t
the IFPN
71
pp,,
Amount of
El
increase
Decrease
$ ..�� ___........._�.�......
($ )
—. _..
Previous Amount
$
Current Percent of Change:
New Amount
Total Percent of Change:
Increase
%
Decrease
( %
^Increase u
%...
............................o.......
Decrease
/o