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  PRESCRIBED CONTRACT FOR NEW CONSTRUCTION REVIEW 
  State Form 55928 (R2 / 3-21) 
                                                                                                             
This Contract is entered into by and between __________________________________________________ 
(“Contractor,” which term shall include the Contractor’s principals), the ________________________ County 
Assessor, and the Board of County Commissioners of ___________________ County, Indiana (hereinafter 
jointly and severally the “County,” which term shall also mean ___________________ County, Indiana). 
 
                                  RECITALS 
 
A.  The County has determined it is in the County’s best interest to employ the Contractor as a technical 
 advisor pursuant to the provisions of IC 6-1.1-4-17 for the purpose of reviewing new construction; 
 
B.  The County has advertised for bids as required by IC 6-1.1-4-18.5(b) and has fulfilled all other statutory 
 conditions precedent to the employment of a technical advisor;  
 
C.  The Contractor’s principal(s) or contract executor is a Professional Appraiser as the term is defined in IC 
 6-1.1-4-17(c) and IC 6-1.1-31.7, is certified by the Department of Local Government Finance 
 (“Department”) pursuant to 50 IAC 15-3 and 50 IAC 15-4, and the Contractor was the lowest and best 
 bidder meeting all the requirements under law for serving as a technical advisor in the assessment of 
 property; 
 
D.  The County has awarded the bid to the Contractor and the Contractor is willing to contract with the 
 County subject to the terms and conditions of this Contract; 
 
E.  This Contract is subject to the provisions of 50 IAC 15 and the Contractor will comply with the provisions 
 of 50 IAC 15 in connection with this Contract; and 
 
F.  The Department has the right to exercise its statutory right of oversight of the performance of the 
 Contractor as contemplated by IC 6-1.1-4-17(a) and 18.5(e), including the right to approve or deny the 
 employment of the Contractor.  
 
                                  AGREEMENT 
 
 In consideration of the promises, mutual covenants, and obligations of the parties, the County and 
the Contractor agree as follows: 
 
1. Incorporation of Recitals. The foregoing recitals are adopted by the parties as being true and accurate 
statements and are hereby incorporated by reference into this Contract. 
 
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2. Duties of the Contractor. 
  
A.  Under the terms of this Contract, the Contractor shall assist the County in the collection of data 
 pertaining to new construction and demolition permits and the examination of new construction and 
 demolition from the previous year(s) (20____________________________________). The Contractor 
 shall physically inspect _____________________________________________________ parcels within 
 the County for the year(s) 20___________________________________ based on permits, Form 135s, 
 or other information as provided by the County. 
  
 (1)  For each building permit issued to the Contractor, a representative of the Contractor shall visit, 
 inspect, list, measure, and grade the improvement specified in the permit. For each demolition permit 
 issued to the Contractor, a representative of the Contractor shall visit and inspect the improvement 
 specified in the permit. 
 
 (2)  When possible, the contractor shall gain an interior inspection or gain interior information. If no one is 
 present to permit interior access, the Contractor shall leave a door hanger at the property to provide 
 the owner a means of contacting the County to provide interior information. 
 
 (3) The Contractor  will /   will not be responsible for digital photographing of new improvements and 
 additions or other changes to those improvements. 
 
 (4)  If the Contractor locates an improvement that is under construction or under demolition at the time of 
 a field inspection, a notation to that effect will be placed on the property record card indicating the 
 estimated percentage of completion or demolition at the time of the inspection.  
 
 (5)  The Contractor shall provide a rate per parcel for any overages in parcel count to be collected or 
 reviewed on a yearly basis. The overage charge(s) shall be 
 $_______________________________________________________________________________
 _______________________________________________________________________________. 
 
 (6)  The Contractor shall perform data entry for 
 ________________________________________________________________________________
 ________________________________________________________________________________ 
 [State property class type(s).] new construction permit parcels. The overage charge(s) shall be 
 $_______________________________________________________________________________
 _______________________________________________________________________________. 
  
B.  All direct assessment activities, those activities necessary to make the actual valuation of the property, 
 must be performed by a level III assessor-appraiser certified under IC 6-1.1-35.5. All work performed 
 under this Contract must be organized, supervised, or reviewed by a level III assessor-appraiser certified 
 under IC 6-1.1-35.5. Additionally, a level III assessor-appraiser certified under IC 6-1.1-35.5 must 
 personally fulfill the following duties: [Specify, in detail, the precise obligations that the County desires to 
 be handled personally by the level III assessor-appraiser.] 
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C.  Administrative personnel employed by the Contractor may be used to fulfill the following duties: [Specify, 
in detail, the precise obligations that the County does not intend to require a level III assessor-appraiser 
to handle personally.] 
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3. Responsibilities of the County. The Contractor will not be responsible for the following duties as 
provided in IC 6-1.1-4, which are retained by the County for performance by the County’s staff or are 
contracted by the County to a third party: 
 
A.  Duties retained by the County for performance by the County’s staff: 
      
 (1)  Send notices of assessment to each affected taxpayer pursuant to IC 6-1.1-4-22(a) and (b). 
      
 (2)  Maintain an electronic data file of the parcel characteristics and parcel assessments of all parcels 
     and the personal property return characteristics and assessments by return for the County as of the 
     assessment date. 
      
 (3)  Maintain the electronic file in a form that formats the information with the standard data, field, and 
     record-coding required and approved by LSA and the Department. 
      
 (4)  Transmit the data in the file with respect to the assessment date of January 1, 20________, to the 
     Department in a manner that meets the data export and transmission requirements in a standard 
     format as prescribed by the Indiana Office of Technology (“IOT”) established by IC 4-13.1-2-1 and 
     approved by LSA. 
      
 (5)  Resubmit the data in the form and manner required under this subsection, upon request of LSA or 
     the Department, if data previously submitted under this subsection does not comply with the 
     requirements of this subsection, as determined by LSA or the Department. An electronic data file 
     maintained for a particular assessment date may not be overwritten with data for a subsequent 
     assessment date until a copy of an electronic data file that preserves the data for the particular 
     assessment date is archived in the manner prescribed by IOT and approved by LSA. 
      
 (6)   [Check if the County is to perform data entry.] Perform the following data entry:  
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________
     ________________________________________________________________________________ 
      
B.  Duties to be contracted to a third party: None. 
      
4. Final Authority to Determine Adjustment Factor. The final determination of the appropriate adjustment 
factors and assessed values are and shall remain the responsibility of the County. 
 
5. Contract Representative. The County Assessor shall be the Contract Representative to serve as the 
primary contact person under the Contract.  
 
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6. Contractor Employees: Project Manager. The Contractor shall assign by name an Indiana level III 
assessor-appraiser as project manager. The assigned Indiana level III assessor-appraiser shall be 
_______________________________ and the current contact information for the assigned person is: 
 
 Address (number and street, city, state, and ZIP code):  
 _____________________________________________________________________________________
 _____________________________________________________________________________________ 
 Work telephone: (___)___________   Home telephone:(___)__________   Cell number: (___)__________     
 E-mail address: _______________________________    DLGF student ID number: __________________ 
 Date of issuance assessor-appraiser certificate (month, day, year): _______________________________ 
 
7. Work Plan. Attached hereto, and incorporated fully herein as Exhibit A, is the Work Plan developed and 
approved by the Contractor and the County setting forth the schedule for the completion of work under this 
Contract. The Contractor and the County warrant and represent that the Work Plan ensures that all values 
generated by any form of annual adjustment under this Contract will be completed before such values are 
required by the Department in order to set tax rates. A Work Plan complying with the provisions of this 
Contract must be attached to, and incorporated into, this Contract before this Contract may be uploaded 
pursuant to IC 6-1.1-4-18.5.  
 
8. Performance Bond. If the County requires surety and performance bonds, the Contractor must purchase 
a performance bond or bonds from a surety licensed to do business in the State of Indiana. The performance 
bond(s) must be in the same amount as the price of this contract and must entitle the County to call upon the 
surety to complete the contract in one of three ways: 1) the surety completes the contract by hiring a 
completion contractor; 2) the surety and the County choose a new contractor to complete the contract and 
the surety pays the costs; or 3) the County alone chooses a new contractor and the surety pays the costs. If 
the surety chooses to complete the contract by hiring a completion contractor, the surety assumes the same 
risk as the original Contractor. A requirement that the Contractor provide surety and performance bonds may 
be attached to this Contract as an addendum to be signed by all parties. Alternatively, the Contractor and 
County may agree to a performance retainer and attach an addendum signed by all parties to this Contract 
to provide for such a retainer. 
 
9. Identification. All field personnel involved with performance of work for the Contractor shall carry 
identification cards, which will include a photograph of the individual and the Assessor’s signature. All 
vehicles used by field personnel shall be marked appropriately and registered with the County Sheriff’s 
office, with local police departments located within the County, and with the Assessor’s office. 
 
10. Office Space; Computer Support. The County     shall /     shall not provide the Contractor with office 
space and     shall /  shall not provide the Contractor with computer support in connection with the 
performance of this Contract. The County and Contractor shall be aware of and exclusively responsible for 
all legal implications of the County providing the Contractor with office space and/or computer support in 
connection with the performance of this Contract. 
 
11. Work Product Delivery. The Contractor shall be responsible for the delivery of the following products to 
the County at the completion or termination of this Contract, including all media in which the materials may 
be retained: 
 
A.  documentation of procedures used throughout the annual adjustment program; 
  
B.  any and all training materials and manuals used to train the Contractor’s staff; 
   
C.  all field worksheets for each parcel of real property; 
 
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D.  all maps and/or other information provided for the Contractor by the County; 
   
E.  all information gathered, created, or reviewed for the verification of sales disclosure forms, neighborhood 
 delineations, land values, and/or any time adjustments to sales prices; and 
  
F.  all ratio studies and supporting documentation. 
 
12. Contractor Support for Appeals. The duties of the Contractor in this paragraph shall last until all 
appeals with respect to assessed values recommended by the Contractor have been resolved, regardless of 
the earlier termination of this Contract. 
 
A.  The Contractor shall provide __________________ eight hour business days for support of values after 
 mailing of Notices of Assessment (Form 11s), utilizing personnel familiar with the entire new construction 
 review process, including re-inspection of property or explanation of ratio studies as may be needed. 
 Days required above the ______________________ eight hour business days shall be provided at the 
 request of the County at a rate of $____________________ per business day. 
 
B.  If an assessed value recommended by the Contractor is appealed to any reviewing body, the Contractor 
 or its employee or representative shall, if at least ___________ days notice is given to the Contractor, 
 appear at any hearing scheduled on the appeal of the parcel to explain its calculations and defend the 
 recommendation. The Contractor shall provide ___________     hours /     days for this service.  
   Hours /  days required above this amount shall be provided at the request of the County at a rate of  
 $________________ per     hour /          day. 
  
13. Consideration. The County shall pay the Contractor a fee of $_________________________________ 
______________________________________________________________________________________
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______________________________________________________________________________________ 
select desired amount in full payment for the complete performance of all duties, responsibilities and 
activities set out in this Contract and on the Work Plan mutually agreed to under paragraph 7 of this Contract 
and attached as Exhibit A. The fee shall be paid in the manner set forth in paragraph 15 below. The parties 
to this Contract acknowledge that the Department has no duty, responsibility, or obligation under this 
Contract to pay the Contractor, any subcontractor of the Contractor, or the County. The parties further 
acknowledge that the work to be performed under this Contract is solely for the benefit of the County and 
that it is the County’s sole obligation to pay the Consideration required under this Contract.  
 
14. Condition of Payment. All services provided by the Contractor must be performed to the reasonable 
satisfaction of the County and the Department, as determined at their sole discretion and in accordance with 
all applicable federal, state, local laws, ordinances, rules, and regulations. The County shall not be required 
to pay for work found to be unsatisfactory, inconsistent with this Contract, or performed in violation of federal, 
state or local statute, ordinance, rule, or regulation. 
 
15. Time and Manner of Payment. The Contractor shall be paid as follows: 
 
A.  At the end of each month, the Contractor shall submit a claim for payment for work completed under the 
 Contract during that month. The amount of each monthly payment is subject to the completion 
 percentage requirements set forth in the Work Plan, subject to approval by the County, and is subject to 
 full compliance with all other obligations under this Contract. Approval shall be based on the _________ 
 [specify the time period when the reports must be submitted; for example, monthly, weekly, or biweekly] 
 progress reports submitted by the Contractor and on the County’s inspection of the Contractor’s 
 assessment records and the submission of the reports to the County. Payment shall be made to the 
 Contractor within ______ days after approval by the County. 
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B.  If all work of the Contractor is not completed under this Contract by the completion date specified in 
 paragraph 18 of this Contract or if all required data is not submitted to the County by the Contractor in 
 the appropriate format in a timely manner, then all further payments under this Contract may be 
 suspended until all work has been satisfactorily completed and approved by the County and as otherwise 
 required under this Contract. Payments of the suspended amount will be made to the Contractor within 
 ______ days after that approval by the County, subject to other terms of this Contract. The County is 
 exclusively responsible for payment to the Contractor. The Contractor shall not submit any claim for 
 payment to the Department nor make any claim for damages against the Department under the Contract. 
 The Department has no financial or other obligations, including damages, to the Contractor.  
 
16. Penalties. Pursuant to IC 6-1.1-4-19.5(b)(2), payments due under this Contract shall be reduced by the 
amount of $_______________ per business day that any part of the performance by the Contractor remains 
incomplete after the applicable due date for the relevant assessment years specified in Section 18 of this 
Contract; subject, however, to delays described in Sections 25B and 34 of this Contract. 
 
17. Professional Appraiser Certification; Contract Void on Revocation.  
 
A.  A material inducement for entering into this Contract is that the Contractor’s principal(s) or contract 
 signatory has been certified as a “Professional Appraiser” under IC 6-1.1-31.7 and 50 IAC 15-4 in order 
 to enter into this Contract. The Contractor represents and warrants that its principal(s) or contract 
 signatory is certified as a “Professional Appraiser” at the time of entering into this Contract. This Contract 
 is void and unenforceable if the Contractor is not certified as a “Professional Appraiser” on the date this 
 Contract is executed. 
 
B.  The Contractor’s principal(s) or contract signatory will take all steps necessary to maintain such 
 certification throughout the term of this Contract. The Contractor shall immediately notify the County and 
 the Department in writing of any circumstance or occurrence jeopardizing this certification status or if any 
 Notice is issued to the Contractor’s principal(s) or contract signatory pursuant to 50 IAC 15-3-6(b). 
 
C.  Pursuant to IC 6-1.1-31.7-4, this Contract is void and unenforceable and the Contractor may not receive 
 additional funds if this certification is revoked. 
 
18. Term of Contract. This Contract commences on the date the County and the Contractor sign and the 
Contractor shall commence work under this Contract within ________ days of the date of signing. The 
Contractor shall complete all work to be performed under this Contract, other than assistance required in 
regard to an appeal filed under IC 6-1.1-15, on or before _________________________, 20_______ [July 1 
is the statutory deadline by which the County shall, under oath, prepare and deliver to the County Auditor a 
detailed list of the real property listed for taxation in the County. IC 6-1.1-5-14].  
 
19. Contract Reports and Monitoring. 
 
A.  The Contractor shall maintain all books, documents, papers, accounting records, and other evidence 
 pertaining to all costs incurred under this Contract. The Contractor shall make such materials available at 
 its 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 Department and County or their authorized designees. 
 A reasonable number of copies shall be furnished at no cost to the Department and County if requested. 
 
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B.  The Contractor shall provide written progress reports to the County in a form reasonably prescribed by 
 the County and consistent with paragraph 15(A). The reports must include the number of parcels being 
 reviewed by the Contractor and the status of the work being done. The County may require that 
 additional information be included in the reports, as mutually agreed to by the County and the Contractor. 
 The Contractor shall submit the reports to the County within three business days, or such other 
 timeframe as mutually agreed to by the parties, of receipt of a request. 
 
C.  The County may at all times inspect the records of the Contractor to verify the progress and evaluate the 
 quality of work performed. The County may accompany the Contractor’s personnel in their assigned 
 duties to assure the Contractor’s adherence with contractual specifications and approved procedures. 
 The Contractor shall extend its full cooperation to the Contract Representative by providing access to all 
 program-related records and by making personnel available upon request for the purpose of monitoring 
 quality, performance, and progress. 
 
D.  As required by IC 6-1.1-4-19.5(b)(7), the Contractor shall give unrestricted access to his or her work 
 product to the Department. 
 
20. Work Standards. The Contractor shall execute its responsibilities by following and applying at all times 
the highest professional and technical guidelines and standards. If the County becomes dissatisfied with the 
work product of or the working relationship with those individuals assigned to work on this Contract, the 
County shall notify the Contractor in writing of its dissatisfaction and give a reasonable description of the 
deficiencies in the work product and/or working relationship. Upon receipt of the same, the Contractor shall 
have seven days to cure the County’s dissatisfaction. If the County is still dissatisfied after the Contractor has 
exercised its opportunity to cure, then the County may request in writing replacement of any or all such 
individuals, and the Contractor shall grant such request. 
 
21. Changes in Work. The Contractor shall not commence any additional work or change the scope of the 
work until authorized in writing by the County. 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.  
 
22. Authority to Bind Contractor. The signatory for the Contractor represents that he or 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 or her signature is affixed and 
accepted by the County. 
 
23. Confidentiality of Information. 
 
A.  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 the County and the 
 Department. However, disclosure may be done pursuant to an order or requirement of a court, 
 administrative agency, or other governmental body. In the event the Contractor receives an applicable 
 order or is subject to such a requirement, the Contractor shall provide the County and the Department 
 reasonable notice so that the County and/or Department may contest such order or requirement. 
 
B.  The parties acknowledge that the services to be performed by the Contractor for the County under this 
 Contract may require or allow access to data, materials, and information containing Social Security 
 numbers maintained by the County or the State of Indiana in its 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 
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 the County 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 as a result of the Contractor’s negligence or willful misconduct, and such 
 disclosure is a breach of applicable confidentiality laws, the 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. 
 
C.  If the County or the Department receives a public records request that relates to information or 
 documents in the possession of the County or the Department related to the Contractor’s intellectual 
 property, trade secrets, or other proprietary rights, the County or the Department shall promptly forward 
 such request to the Contractor for response. The Contractor shall designate in writing which of those 
 documents, if any, it considers confidential information or information otherwise excepted from public 
 disclosure requirements and state with specificity the factual or legal basis for objecting to the disclosure 
 of such documents. The Contractor agrees and acknowledges that only information falling within a 
 specific exemption permitted under IC 5-14-3-4 shall be designated as Confidential. The Contractor shall 
 mark each page of a document considered to be confidential information as “Confidential” or a similar 
 designation. The County or the Department shall promptly review the basis for the Contractor’s claim of 
 confidentiality and shall not disclose the documents subject to the Contractor’s claim if the County or the 
 Department concurs with such claim, provided that if the County or the Department determines that its 
 obligation under public access law requires such disclosure, the County or the Department shall promptly 
 notify the Contractor of such determination and will not make such disclosure if the Contractor obtains, 
 prior to the expiration of the applicable timeframe for response to such request, either an opinion from 
 the Indiana Public Access Counselor that such disclosure is not required or a protective order or other 
 relief from any court of competent jurisdiction in the State of Indiana preventing such disclosure. 
 
D.  The Contractor acknowledges that the Department 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 the State. 
 
24. Ownership of Documents and Materials.  
 
A.  All documents, records, programs, applications, data, algorithms, film, tape, articles, memoranda, and 
 other materials (the “Materials”) not developed or licensed by the Contractor prior to execution of this 
 Contract, but specifically developed under this Contract, shall be considered “work for hire” and the 
 Contractor hereby transfers and assigns any ownership claims to the County and all such materials will 
 be the property of the County. If the ownership interest in the Materials cannot be assigned to the 
 County, the Contractor grant the County 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 as related to contract performance by the Contractor) without the prior 
 written consent of the County 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 the County or the 
 Department 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 the County and the Department full, immediate, and unrestricted access to 
 the Materials and to Contractor’s work product during the term of this Contract. 
 
25. Delays. 
 
A.  Whenever the Contractor or the County has knowledge that any actual or potential situation is delaying 
 or threatens to delay the timely performance of this Contract, it shall, within _________ days, provide 
 written notice of the delay to the other party by certified mail, return receipt requested, including all 
 relevant information with respect to the actual or potential cause of the delay. 
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B.  In the event of a delay by the Department, legislative action, or court rulings, the County reserves the 
 right to re-negotiate all terms of the Contract, including costs. 
 
26. Disputes. 
 
A.  Should any disputes arise with respect to this Contract, the Contractor and the County agree to act 
 immediately to resolve such disputes. Time is of the essence in the resolution of disputes.  
 
B.  The Contractor agrees that, the existence of a dispute notwithstanding, it will continue without delay to 
 carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the 
 Contractor fail to continue to perform its responsibilities regarding all non-disputed work without delay, 
 any additional reasonable, direct costs incurred by the County 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 the 
 County or the Department for such costs.  
 
C.  If the parties are unable to resolve a contract dispute between them after good faith attempts to do so, a 
 dissatisfied party shall submit the dispute to the Commissioner of the Department. 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 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 business days after 
 receipt of the Commissioner’s decision, a written request for reconsideration and modification of the 
 written decision. If the Commissioner does not modify the written decision within 30 business days, either 
 party may take such other action helpful to resolving the dispute, including submitting the dispute to an 
 Indiana court of competent jurisdiction. If the parties accept the Commissioner’s decision, it may be 
 memorialized as a written Amendment to this Contract if appropriate. 
  
D.  The County may withhold payments on disputed items pending resolution of the dispute. The 
 unintentional nonpayment by the County to the Contractor of one or more invoices not in dispute in 
 accordance with the terms of this Contract will not be cause for 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 Department, 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 IC 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 IC 4-6-2-11, which requires approval of the Governor 
 and Attorney General. 
 
27. Termination for Convenience by County. This Contract may be terminated, in whole or in part, by the 
County whenever, for any reason, the County determines that such termination is in its best interest. A 
decision by the County to terminate this Contract shall not be attributed to the Department. Termination of 
services shall be effected by delivery to the Contractor and the Department of a Termination Notice at least 
thirty days prior to the termination effective date specifying the extent to which performance of services under 
such termination becomes effective. In the Notice, the County must state that it is initiating the termination. 
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The Contractor shall be compensated for services properly rendered prior to the effective date of termination, 
but under no circumstances will the Department be responsible for any payment, including damages, to the 
Contractor. The County 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.  
 
28. Termination for Default by County. If the County, sixty 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. 
 
29. Audits. The Contractor acknowledges that it may be required to submit to an audit of funds paid through 
this Contract. Any such audit shall be conducted in accordance with IC 5-11-1, et. seq., and audit guidelines 
specified by the State. 
 
30. Compliance with Laws. 
  
A.  The Contractor 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 thereunder after execution of this Contract shall be reviewed by the County and the 
  Contractor to determine whether the provisions of this Contract require formal modification. 
 
B.  The Contractor certifies by entering into this Contract that neither it nor its principal(s) is/are presently in 
  arrears in payment of taxes, permit fees, or other statutory, regulatory, or judicially required payments to 
  the State of Indiana or the County. The Contractor agrees that any payments currently due to the State 
  of Indiana or the County 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 of Indiana.   
 
C.  The Contractor certifies, warrants, and represents that it has no current, pending, or outstanding criminal, 
  civil, or enforcement actions initiated by the State of Indiana or the County, and that neither it nor its 
  principal(s) is/are presently debarred, suspended, proposed for debarment, declared ineligible, or 
  voluntarily excluded from entering into this Contract by any federal agency or by any department, 
  agency, or political subdivision of the State of Indiana, or the County. The Contractor agrees that it will 
  immediately notify the County and the Department of any such actions and during the term of such 
  actions, the County or the Department may delay, withhold, or deny work under any supplement, 
  amendment, change order, or other contractual device issued pursuant to this Contract. 
 
D.  If a valid dispute exists as to the Contractor’s liability or guilt in any action initiated by the State of Indiana 
  or its agencies or the County, the County may delay, withhold, or deny work to the Contractor. 
   
E.  The Contractor warrants that it shall obtain and maintain all required 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 the County. Failure to do so may be deemed a material breach of 
  this Contract and grounds for immediate termination and denial of further work with the County.  
 
F.  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. 
 
                                       Page 12 of 19 

G.  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 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, except for de minimis and nonsystematic violations,  
   (A)  has not violated the terms of IC 24-4.7 in the previous 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.  
 
H.  As required by IC 22-5-1.7, the Contractor swears or affirms under the penalties of perjury that: 
 
  (1)  The Contractor does not knowingly employ an unauthorized alien. 
   
  (2)  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. 
   
  (3)  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. 
   
  (4)  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. 
   
   The Department and/or the County may terminate for default if the Contractor fails to cure a breach 
   of this provision no later than thirty days after being notified by the Department and/or County. 
 
31. Taxes. The County is exempt from most state and local taxes and many federal taxes. The County will 
not be responsible for any taxes levied on the Contractor as a result of this Contract. 
 
32. 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. 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 include a Certificate of Insurance evidencing such coverage with the executed Contract that is 
uploaded onto the Gateway prior to starting work under this Contract.      
                                               Page 13 of 19 

33. Contractor Assignment, Successors, and Subcontracting. The Contractor shall not subcontract the 
whole or any part of this Contract. The Contractor may not assign the whole or any part of this Contract, 
except that it may assign its right to receive payments to such third parties as the Contractor may desire 
without the prior written consent of the Contract Representative, provided that the Contractor gives written 
notice (including evidence of such assignment) to the Contract Representative thirty 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. 
 
34. 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 soon as is 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 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. 
 
35. General Provisions. 
 
A.  Entire Agreement. This Contract sets forth the entire agreement and understanding of the parties with 
 respect to the subject matter and supersedes all prior oral and written agreements and understandings 
 between the County and the Contractor. No representation, promise, inducement, or statement of 
 intention has been made by either party which is not set forth in this Contract and neither party shall be 
 bound by or liable for any alleged representation, promise, inducement, or statement of intention not so 
 set forth. 
 
B.  Waiver of Rights. No right conferred on any 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 the County’s review, approval, 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 the County in accordance with applicable law for all damages to the County caused by 
 the Contractor’s negligent performance of any of the services furnished under this Contract. 
 
C.  Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect 
 the validity of the remaining section, subsections, clauses or provisions of this Contract. 
 
D.  Addenda. No addendum to this Contract will be binding unless in writing and executed by all of the 
 parties that are signatories to the Contract. 
 
36. Governing Law. 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 the State of 
Indiana. 
 
                                               Page 14 of 19 

37. Notice to Parties. Whenever any notice, statement, or other communication, including changing contact 
information, is required under this Contract, it shall be sent to the following addresses, unless otherwise 
specifically advised. 
 
 A.  Notices to the County shall be sent to: 
     
    Name: _______________________________________    Title: _______________________________ 
    Organization: _______________________________________________________________________ 
    Address (number and street, city, state, and ZIP code):       
    ___________________________________________________________________________________
    ___________________________________________________________________________________ 
    Telephone number:  (____)_____________________________________________________________ 
    Fax number: (____)___________________________________________________________________ 
    E-mail address: ______________________________________________________________________ 
 
B.  Notices to the Contractor shall be sent to: 
     
    Name: _____________________________________________    Title: __________________________ 
    Organization: ________________________________________________________________________ 
    Address (number and street, city, state, and ZIP code):  
    ___________________________________________________________________________________ 
    ___________________________________________________________________________________ 
    Telephone number:  (_____)____________________________________________________________ 
    Fax number: (_____)__________________________________________________________________ 
    E-mail address: ______________________________________________________________________ 
             
C.  Notices to the Department shall be sent to: 
 
    General Counsel 
    Department of Local Government Finance 
    Indiana Government Center North 
    100 North Senate Avenue, Rm. 1058B 
    Indianapolis, Indiana 46204 
    317-234-8624 voice 
    317-974-1629 fax 
 
38. 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 the Department 
within ten 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 the State for up to 
three 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;  
                                                Page 15 of 19 

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 days after such conviction; 
 
D.  Notifying the Department in writing within ten days after receiving notice from an employee under 
 subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; 
 
E.  Within thirty days after receiving notice under subdivision (C)(2) above of a conviction, imposing the 
 following sanctions or remedial measures on any employee who is convicted of drug abuse violations 
 occurring in the workplace: (1) taking appropriate personnel action against the employee, up to and 
 including termination; or (2) requiring such employee to satisfactorily participate in a drug abuse 
 assistance or rehabilitation program approved for such purposes by a federal, state or local health, law 
 enforcement, or other appropriate agency; and  
  
F.  Making a good faith effort to maintain a drug-free workplace through the implementation of 
 subparagraphs (A) through (E) above. 
 
39. Indemnification. The Contractor agrees to indemnify, defend, and hold harmless the County and the 
Department, their agents, officials, and employees from all third party claims and suits including court costs, 
attorney’s fees, and other expenses caused by any act or omission of the Contractor in the performance of 
this Contract. The County and the Department shall not provide such indemnification to the Contractor. 
 
40. Insurance. 
 
A.  The Contractor must carry automobile, public liability, and worker’s compensation insurance policies for 
 the entire duration of time during which the Contractor is completing obligations under this Contract. The 
 Contractor’s public liability and worker’s compensation insurance policies must provide for minimum 
 liability limits not less than $1,000,000 per occurrence. The Contractor must have automobile insurance 
 that meets or exceeds the minimum amounts required by the State of Indiana for each vehicle it will use 
 in the fulfillment of this Contract. A material inducement for entering into this Contract is that the 
 Contractor will carry automobile, public liability, and worker’s compensation insurance policies consistent 
 with the requirements of this section. Failure to maintain insurance policies consistent with this section 
 may be deemed a material breach of this Contract and grounds for immediate termination by the County 
 or Department and denial of further work with the County. The Contractor must provide the County with 
 copies of its insurance certificates and endorsements. 
 
(Attach any additional insurance policies or coverage amounts that the County requires the Contractor to 
carry beyond the policies or amounts listed above.) 
 
B.  The Contractor’s insurance coverage must meet the following additional requirements: 
                
 (1)  The insurer must have a certificate of authority or other appropriate authorization to operate in the 
 state in which the policy was issued.  
 
 (2)  Any deductible or self-insured retention amount or other similar obligation under the insurance 
 policies shall be the sole obligation of the Contractor.  
                                        Page 16 of 19 

 (3)  The County and the Department 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 the County and the Department under this Contract shall not be limited 
 by the insurance required in this Contract. 
 
 (4)  The Contractor shall give notice to the County and the Department of any modifications to the 
 policies or endorsements which decrease the insurance coverages below the requirements set forth 
 in the Agreement. Such decrease in required coverage may be considered a default by the 
 Contractor of this Agreement.  
 
41. 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, sex, age, disability, ancestry, status as a 
veteran, or any other characteristic protected by federal, state, or local law (“Protected Characteristics”). 
Furthermore, the 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 the County and any applicant or 
employee of the Contractor. 
 
42. Travel. No expenses for travel will be reimbursed unless specifically permitted under the scope of 
services or consideration provisions.  
 
43. Copy of Contract. The County shall upload a copy of this Contract, including documentation of any 
performance bond, to the Gateway via its File Transmission application within thirty days of its signing by the 
County and Contractor. 
 
44. Approval and Review by Department. 
 
A.  Following uploading of the Contract, the Department may approve or deny the employment of the 
 Contractor pursuant to IC 6-1.1-4-17(a). The Contract shall not be considered void if the Department fails 
 to approve or deny the employment of the Contractor under this Paragraph. Failure of the Department to 
 approve or deny the employment of the Contractor shall not be construed as a denial of said 
 employment. 
 
B.  Following the effective date of this Contract, the Department may, pursuant to IC 6-1.1-4-18.5(e), review 
 the performance of County and Contractor for compliance with the requirements of this Contract. The 
 Department shall give notice to both County and Contractor of any proceeding related to the review 
 under this Paragraph. If, following review and any appropriate proceedings, the Department finds that 
 one or both of the parties is not in compliance with the requirements of this Contract, the Department 
 shall give notice to both parties of said findings and that one or both parties, as applicable, shall have a 
 reasonable amount of time to cure any material breach of the Contract. Should one or both parties, as 
 applicable, fail to cure any material breach after a reasonable amount of time is given, the Department 
 may, by order, void the Contract. Voiding of the Contract by the Department under this Paragraph does 
 not give rise to a cause of action against the Department for tortious interference of a business or 
 contractual relationship or similar claims in tort or contract. 
 
                                       Page 17 of 19 

(Provision 45 is optional.) 
 
45.   Guaranteed Most Favorable Terms. All of the prices, terms, conditions, and benefits granted by the 
Contractor in this Contract are comparable to or better than the terms granted by the Contractor to any other 
similarly situated state and local government customer. If the Contractor announces a price reduction or 
makes generally available to other customers more favorable terms or conditions, such prices, terms, or 
conditions shall be made available to the County and the Department on the date the price reduction or 
change in terms and conditions became effective. 
 
46. Substantial Compliance. 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. 
 
47. Affirmation that Contract Language Has Not Been Altered. The parties affirm that they have not 
altered, modified, changed, or deleted the Department’s Boilerplate contract clauses in any way, except 
where the contract explicitly permits the addition or modification of terms. Any alteration not explicitly 
permitted is void. 
 
                                 NON-COLLUSION AND ACCEPTANCE 
 
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Contractor, or that 
the undersigned is the properly authorized representative, agent, member, or officer of the Contractor. 
Further, to the undersigned’s knowledge, neither the undersigned nor any other member, employee, 
representative, agent, or officer of the Contractor, 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. 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 prior 
to execution of this contract. 
 
In Witness Whereof, the Contractor and the County 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. 
 
Contractor:                                             Where applicable: 
 
By: _________________________________________      Attested By: ____________________________  
Printed name:  ________________________________      ______________________________________ 
Title: ________________________________________      ______________________________________ 
Date (month, day, year):_________________________      ______________________________________ 
 
Level III assessor-appraiser student identification number:________________________________________ 
 
Assessor: 
 
By: ___________________________________________________________________________________ 
Printed name: ___________________________________________________________________________ 
Title: __________________________________________________________________________________ 
Date (month, day, year): ____________________________            
                                                     
                                                Page 18 of 19 

                _______________________ County Board of County Commissioners: 
 
By: ___________________________________________   Date (month, day, year): ___________________ 
   Commissioner 
 
By: ___________________________________________   Date (month, day, year): ___________________ 
   Commissioner 
 
By: ___________________________________________   Date (month, day, year): ___________________ 
   Commissioner 
 
The Department of Local Government Finance, pursuant to IC 6-1.1-4-17(a),  
  approves /     denies the employment of the Contractor: 
    
By: ___________________________________________________________________________________  
 
Printed name: ___________________________________________________________________________ 
 
Title: __________________________________________________________________________________  
 
Date (month, day, year): ____________________________      
 
                                       Page 19 of 19