Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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Agreement, with respect to the employee's or applicant's hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee's or applicant's race, color, national origin, religion, sex, age, disability, ancestry, status as a veteran, or any other characteristic protected by federal , State or local law ("Protected Characteristics"). Acceptance of this Agreement also signifies compliance with applicable federal laws, regulations and executive orders prohibiting discrimination based upon the Protected Characteristics in the provision of services pursuant to this Agreement. The SEP Recipient agrees to assure that all parties performing work on the Project Activities comply fully with the provisions of any MBE/WBE participation plans that have been submitted. 17. NOTICE TO PARTIES: Whenever any notice, statement or other communication shall be sent to the Authority or the SEP Recipient, it shall be sent to the following address, unless otherwise specifically advised by notice. A. Notice to the Authority shall be sent to;. Director of Environmental Programs Indiana Finance Authority 100 North Senate Avenue, RM 1275 Indianapolis, IN 46204 B. Notice to the SEP Recipient shall be sent to the "SEP Recipient's Notice Address" as set out in the Master Schedule. C. Notice to the Consultant shall be sent to the "Consultant's Notice Address" as set out in Exhibit C. 18. STATUTORY AUTHORITY: The SEP Recipient, in accordance with Indiana Code 13-19-5 et seq., represents and warrants to the Authority that it is legally eligible to receive the SEP Funds and the SEP Recipient agrees to repay to the Authority pursuant to Section 5 of this Agreement all SEP Funds should a legal determination of ineligibility be made by any court of competent jurisdiction. 19. AUTHORITY TO BIND: Notwithstanding anything in this Agreement to the contrary, the signatory for the SEP Recipient represents that he or she is duly authorized to execute this Agreement on behalf of the SEP Recipient and has obtained all necessary or applicable approvals to make this Agreement fully binding upon the SEP Recipient when his/her signature is affixed, and accepted by the Authority. Each approval, acceptance, power, review, consent or other action recited in this Agreement as being vested in the Authority may only be undertaken by an instrument signed in advance by the Public Finance Director of the State or Director of Environmental Programs of the Authority (or any Authority representative to whom the Authority's board from time to time empowers by its general or specific resolution to act in matters related to the Brownfields Fund) or their designees and may be withheld or delayed in their discretion. 20. DRUG -FREE WORKPLACE CERTIFICATION: A. SEP Recipient covenants and agrees to make a good faith effort to provide and maintain during the term of this Agreement a drug -free workplace. SEP Recipient will give notice to the Authority within 10 days after receiving actual notice that an employee of the SEP Recipient or any subcontractor, who serves in or could be expected to serve in a capacity related to the Project Activities, is convicted of a criminal drug violation occurring in the SEP Recipient's or its Consultant's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of payment of SEP Funds, termination of the payment of future SEP Funds and/or debarment of contracting opportunities with the State for up to three (3) years. 10