Professional Services Agreement - Indiana Finance Authority Indiana Brownsfield Program

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(a) monitoring the work; (b) verifying any data or information submitted to the Authority; (c) conducting investigations relating to contamination at or near the Site; (d) obtaining samples; (e) assessing the need for, planning, or implementing additional response actions at or near the Site; (f) assessing implementation of quality assurance/quality control and/or health and safety practices; assessing the SEP Recipient's and its Consultant's compliance with this Agreement; and (g) determining whether the Site or other property is being used in a manner that is prohibited or restricted, or that may need to be prohibited or restricted, by or pursuant to this Agreement. The SEP Recipient will ensure the cooperation of the SEP Recipient's and its Consultant's employees in any Oversight Activities including causing the Consultant to take all reasonable action necessary to correct or cure any problems or deficiencies identified by the Authority or its authorized representative(s) during its Oversight Activities or at any point during implementation of the Project Activities. During any Project Activities and Oversight Activities at the Site, all parties to this Agreement will adhere to the requirements of the health and safety plan, which shall be specific to the Site, prepared by the Consultant. The SEP Recipient's Consultant is solely responsible for enforcing such plan. Notwithstanding any provision of this Agreement, the State retains all of its access authorities and rights under IC 13-25-4-5, IC 13-24- 1, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 9601 et seq., the Resource Conservation and Recovery Act, 42 U.S.C. § 6901 et seq., and any other applicable statutes or regulations. 4. PAYMENT OF SEP FUNDS: A. General Subject to other provisions of this Agreement and consistent with the Payment Guidelines in effect as of the Effective Date, which applicable parts thereof have been attached as Exhibit '' to this Agreement and is incorporated herein by this reference, or as such Payment Guidelines are later modified by the Authority so long as any such modifications do not materially affect the amount or timing of any such payments, the Authority agrees to pay the SEP Funds to the SEP Recipient in one or more installments following completion of Project Activities and submission to the Authority of invoice(s) detailing costs and expenses incurred by the SEP Recipient or its Consultant in the completion of Project Activities. & Limitation on Amount of SEP Funds No costs may be incurred by the SEP Recipient or its Consultant prior to the Effective Date of this Agreement without the consent of the Authority. All costs and expenses incurred by the SEP Recipient or its Consultant must be directly related to the conduct of approved Project Activities. Notwithstanding anything in this Agreement to the contrary, the Authority shall not be obligated to provide more than the SEP Funds provided under this Agreement. C, Schedule, Timeliness of Payments To facilitate payment timeliness for all the parties, the Authority will distribute SEP Funds to the SEP Recipient, as described in this Section, no later than 45 business days from the Authority's receipt of a completed progress milestone report submitted by the Consultant evidencing completion of the Project Activities. A progress milestone report shall be comprised of (1) narrative and, if applicable, photographic descriptions of work performed, including any other information requested by the Authority; and (2) appropriate technical data including laboratory results and other measurements from all field sampling performed subsequent to the previous progress milestone report, if any. Upon the Authority's favorable review of the progress milestone report and upon receipt of a disbursement request from the SEP Recipient, the Authority shall make a disbursement of the SEP Funds to the SEP Recipient. Upon receipt of a disbursement by the Authority, the SEP Recipient will make payment to 4