Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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(4) Consultant's (Contractor's) pollution legal liability, with minimum liability limits of $1,000,000. The Authority and the State are to be named as additional insureds on a primary, non- contributory basis for any liability arising directly or indirectly under or in connection with this Agreement. (.5) The Consultant shall provide proof of such insurance coverage by tendering to the undersigned Authority representative, a certificate of insurance prior to the commencement of this Agreement and proof of worker's compensation coverage meeting all statutory requirements of Indiana Code 22-3-2. In addition, proof of an "all states endorsement" covering claims occurring outside the State is required if any of the services provided under this Agreement involve work outside of Indiana. B. The Consultant's insurance coverage must meet the following additional requirements: (1) The Insurer must have a Certificate of authority issued by the Indiana Department of Insurance. (2) Any deductible or self -insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the Consultant. (3) The Authority and the State will be defended, indemnified, and held harmless to the full extent of any coverage actually secured by the Consultant in excess of the minimum requirements set forth above. The duty to indemnify the Authority and the State under this Agreement shall not be limited by the insurance required in this Agreement. (4) The insurance required in this Agreement, through a policy or endorsement, shall include a provision that the policy and endorsements may not be canceled or modified without 30 days notice to the Authority. (5) Failure to provide insurance as required in this Agreement may be deemed a material breach of contract entitling the Authority to immediately terminate this Agreement. The SEP Recipient shall furnish the Consultant's certificate of insurance and all endorsements to the Authority. 15. DEBARMENT AND SUSPENSION: A. The SEP Recipient certifies, by entering into this Agreement, that neither its Consultant, the Consultant's principals, nor any of its subcontractors, are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from work for State entities by any federal agency or by any department, agency or political subdivision of the State. The term "principal" for purposes of this Agreement 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 Consultant. B. The SEP Recipient certifies that it has verified the suspension and debarment status for its Consultant and all sub -contractors receiving funds under this Agreement and shall be solely responsible for any recoupments or penalties that might arise from non-compliance. The SEP Recipient shall immediately notify the Authority if the Consultant or any sub -contractor becomes debarred or suspended, and shall, at the Authority's request, take all steps required by the Authority to terminate its contractual relationship with the Consultant or sub -contractor for work to be performed under this Agreement. 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 SEP Recipient, its Consultant, and any subcontractors covenant that they shall not discriminate against any employee or applicant for employment, to be employed in the performance of this