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MORTGAGE FORECLOSURE CASE FACILITATOR SERVICE CONTRACT

This Professional Services Contract (hereinafter “Contract”) is made by and between the Indiana Office of Court Services, 251 N. Illinois Street., Suite 800, Indianapolis, Indiana 46204 (hereinafter referred to as “IOCS”), and _________________________ at _____________________ (hereinafter referred to as "Facilitator”).

IN CONSIDERATION OF the promises and mutual covenants and agreements herein contained, the parties agree as follows:

1. SCOPE OF WORK

Subject to the terms and conditions hereinafter provided, IOCS engages Facilitator to serve as a mortgage foreclosure case facilitator in the State of Indiana. Facilitator services include the scheduling of settlement conferences, facilitating the exchange of needed information between borrowers and lenders, and reporting the results of the settlement conferences to the applicable Court.

2. TERM

The services called for under this Contract shall begin on (month day, year) and shall continue for a period of twenty-four (24) months so long as both parties mutually wish the services to continue. This Contract may be renewed for a second twenty-four-month period upon the mutual written consent of the parties.

3. CONSIDERATION AND PAYMENT

A. As consideration for such services, IOCS agrees to pay Facilitator a fee of One Hundred Dollars ($100.00) for each scheduled or conducted settlement conference. For scheduling each telephone conference, for each telephone conference conducted, and for scheduling each in-person settlement conference, facilitator shall be paid a fee of Twenty Dollars ($20.00) only if an in-person settlement conference is thereafter conducted. Payment is limited to one in-person settlement conference, one scheduling of a telephone conference, and one telephone conference conducted per case. The maximum amount for any one case under these three services is One Hundred Forty Dollars ($140.00).

At the end of each conducted in-person settlement conference, if Facilitator determines a follow-up in-person settlement conference would increase the likelihood of a successful resolution, Facilitator may perform such service for a fee of Fifty Dollars ($50.00). Payment is limited to one follow-up in-person settlement conference per case.

Facilitator may bill for mileage (outside the Facilitator’s home county) in accordance with State of Indiana policies and procedures and reasonable expenses for parking, using the forms and templates provided by the Executive Director of IOCS. Any other expenses must be approved in advance to be eligible for reimbursement. Facilitator must provide supporting documentation to be eligible to receive reimbursement for any additional expenses.

B. The Facilitator shall submit a properly completed invoice via email to the Project Manager of the Mortgage Foreclosure Trial Court Assistance Project (MFTCAP) at IOCS as indicated by the instructions within the form and to supct.payables@courts.. Such invoices shall be in a form agreeable and acceptable to IOCS and to the Auditor of Indiana and shall be provided to Facilitator by the Project Manager of the MFTCAP at IOCS. Claims for services must be submitted on the most updated version of the invoice form provided by IOCS. Any time the invoice form is updated, IOCS will provide the updated version to Facilitator. All invoices must be completed pursuant to the instructions within the provided form. Failure to follow the instructions shall cause the invoice to be deemed not properly submitted.

C. All payments by IOCS shall be made thirty-five (35) days in arrears of receipt of Facilitator’s invoice in conformance with State of Indiana fiscal policies and procedures and, as required by IC §4-13-2-14.8, by electronic funds transfer to the financial institution designated by Facilitator in writing unless a specific waiver has been obtained from the Indiana Auditor of State. 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.

4. QUALIFICATIONS

The Facilitator is required to be an attorney in good standing in the Indiana Bar, and to maintain good standing in the Indiana Bar. Any deviation from this requirement will be at the discretion of the Executive Director of IOCS and must be done at the time this Contract is executed.

5. APPLICABLE LAW

Any controversy or claim arising out of or relating to this Contract shall be governed by the laws of the State of Indiana. Any litigation under this Contract, if commenced by Facilitator, shall be brought in a court of competent jurisdiction in the State of Indiana.

6. ASSIGNMENT

This Contract is for professional services and shall not be transferred or assigned by the Facilitator without prior written consent of the Executive Director of IOCS.

7. CONFIDENTIAL MATTERS

The Facilitator shall keep in strictest confidence all information relating to this Contract that may be acquired in connection with or as a result of this Contract. During the term of this Contract and at any time thereafter, without the prior written consent of the IOCS, the Facilitator shall not publish, communicate, divulge, disclose or use any information obtained by providing services to IOCS under this Contract.

8. GENERAL RELATIONSHIP

In all matters relating to this Contract, the Facilitator shall be acting as an Independent Contractor. The Facilitator is not an employee of IOCS, the State of Indiana, or any Indiana County Court under the meaning or application of any Federal or State unemployment law, insurance laws, workers’ compensation laws, tax laws or otherwise, including FICA. Facilitator will receive an IRS Form 1099 at the end of the year. The Facilitator shall assume all liabilities or obligations imposed by any one or more of such laws with respect to the Facilitator in the performance of this Contract. The Facilitator shall not have any authority to assume or create any legal obligation, express or implied, on behalf of IOCS.

During the term of this Contract, Facilitator may not privately represent or provide legal assistance to entities who originate or market mortgages. Facilitator may not represent individual defendants involved in a foreclosure case in which the Facilitator served as the facilitator in other matters. Facilitator must not take any action that would give the appearance of impropriety, bias or conflict of interest.

During the term of this Contract, Facilitator may not be employed by any government agency, whether local, state or federal. If Facilitator wishes to enter into a contractual agreement with another government agency, Facilitator shall give the Executive Director notice so that the Executive Director may determine if it is a conflict or not. If the Executive Director finds a conflict, this Contract shall be terminated prior to Facilitator entering into any contractual relationship creating such a conflict.

9. NOTICES

Any notice required to be given pursuant to this Contract shall be deemed to have been sufficiently given either when served personally or when sent by first class mail addressed to the parties at the addresses set forth in this Contract.

10. REPORTS

The Facilitator, when directed by IOCS, shall provide written reports to the applicable County Court and/or IOCS with respect to the services rendered hereunder. Facilitator shall also make a written or verbal report to the applicable County Court on the result of each settlement conference at which Facilitator serves within seventy-two (72) hours of such conference.

11. STRICT LOYALTY

The Facilitator shall avoid all circumstances and actions that would place the Facilitator in a position of divided loyalty with respect to the obligations undertaken under this Contract. Facilitator shall report to the Executive Director if Facilitator personally or someone close to Facilitator is involved in or becomes a party to a lawsuit, or is criminally charged, so the Executive Director may determine if there is a conflict or potential appearance of impropriety.

12. COMPLIANCE WITH THE LAW

A. Facilitator shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances, 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 after execution of this Contract shall be reviewed by IOCS and Facilitator to determine whether the provisions of this Contract require formal modification.

B. Although IC § 4-2-6 does not apply to the judiciary, Facilitator and its agents shall abide by the same ethical requirements that apply to persons who have a business relationship with the executive branch of the State of Indiana as set forth in IC §4-2-6, et seq., IC §4-2-7, et seq. and the regulations promulgated thereunder, and Executive Order 04-08, dated April 27, 2004.  If Facilitator has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, including officers or employees of the judiciary, has a financial interest in this Contract, Facilitator shall disclose the information to the Chief Justice of Indiana prior to the execution of this Contract.  If the Facilitator or its agents violate any applicable ethical standards, IOCS may, in its sole discretion, terminate this Contract immediately upon notice to Facilitator without penalty of any kind, including liquidated damages. 

C. Facilitator certifies by entering into this Contract that s/he is not presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to the State of Indiana. Facilitator agrees that any payments currently due to the State of Indiana may be withheld from payments due to Facilitator. Additionally, further work or payments may be withheld, delayed, or denied and/or this Contract suspended until Facilitator is current in its payments and has submitted proof of such payment to the State.

D. Facilitator warrants that s/he has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that s/he will immediately notify IOCS of any such actions. During the term of such actions, Facilitator agrees that the IOCS may delay, withhold, or deny work under any supplement, amendment, change order or other contractual device issued pursuant to this Contract.

13. RECORDS.

Facilitator shall maintain all books, documents, papers, accounting records, and other evidence pertaining to all costs incurred under this Contract. S/he shall make such materials available at the Facilitator’s home or respective office at all reasonable times during this Contract and for three (3) years from the date of final payment under this Contract, for inspection by the IOCS and/or the State authorized designees. Copies shall be furnished at no cost to the IOCS and/or the State authorized designees if requested.

14. DEBARMENT AND SUSPENSION.

Facilitator certifies by entering into this Contract that he or she is not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering into this Contract by any federal agency or by any department, agency or political subdivision of the State of Indiana.

15. SUPERSEDING EFFECT AND MODIFICATION

This Contract supersedes all prior oral or written agreements, if any, between the parties, and constitutes the entire agreement between the parties. This Contract may not be modified, supplemented, or amended, except by written agreement signed by both parties.

16. TERMINATION

Either party upon written Notice may terminate this Contract at any time, including lack of funding to continue to support this Contract. If this Contract is so terminated, IOCS shall be liable only for the payment of authorized services performed up to and including the date of termination.

NON-COLLUSION AND ACCEPTANCE

The undersigned attests, subject to the penalties for perjury, that the undersigned is the Facilitator. Further, to the undersigned’s knowledge, neither the undersigned nor any other member, employee, representative, agent, or officer of Facilitator, directly or indirectly, has entered into or been offered any sum of money or other consideration for the execution of this Contract other than that which appears upon the face hereof.

In Witness Whereof, Facilitator and IOCS have entered into this Contract. The parties, having read and understood the foregoing terms of this Contract, do by their respective signatures dated below agree to the terms thereof.

Indiana Office of Court Services Contractor

______________________________ _____________________

Mary Kay Hudson [Name]

Executive Director

______________________________ _____________________

Date Date

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