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2004-266
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2004-266
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Last modified
9/30/2016 11:43:23 AM
Creation date
9/30/2015 8:20:21 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
11/02/2004
Control Number
2004-266
Agenda Item Number
7.M.
Entity Name
Florida Department of Transportation
Subject
Joint Participation Agreement costs of providing transit services
Archived Roll/Disk#
3224
Supplemental fields
SmeadsoftID
4605
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725.030-M <br /> PUBLIC TRANSPORTATION <br /> 06W <br /> Pape Bat 12 <br /> 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into <br /> any contract, subcontract or arrangement in connection with the project or any property included or planned to be <br /> included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years <br /> thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily <br /> acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately <br /> disclosed to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this <br /> subsection : Provided, that any such present member, officer or employee shall not participate in any action by the <br /> Agency relating to such contrail, subcontract, or arrangement_ The Agency shag insert in ail contrails entered into in <br /> connection with the project or any property included or planned to be included in any project, and shall require its <br /> contractors to insert in each of their subcontracts, the following provision: <br /> "No member, officer, or employee of the Agency during his tenure or for two years thereafter shalt have <br /> any interest, direct or indirect, in this contract or the proceeds thereof." <br /> The provisions of this subsection shalt not be applicable to any agreement between the Agency and its fiscal <br /> depositories, or to any agreement for utility services the rates for which are fixed or controlled by a Governmental <br /> agency. <br /> 13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the <br /> United States shag be admitted to any share or part of the Agreement or any benefit arising therefrom. <br /> 14.00 Miscellaneous Provisions. <br /> 14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the <br /> Agency that the project will be carried out in conformance with all applicable environmental regulations including the <br /> securing of any applicable permits. The Agency will be solely responses for any liability in the event of non-compliance <br /> with applicable environmental regulations, including the securing of any applicable permits, and will reimburse the <br /> Department for any loss incurred in connection therewith . <br /> 14.20 Department Not Obligated to Third Parties : The Department shall not be obligated or liable hereunder <br /> to any party other than the Agency. <br /> 14.30 When Rights and Remedies Not Waived: In no event shag the making by the Department of any <br /> payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any <br /> default which may then exist, on the part of the Agency, and the making of such payment by the Department while any <br /> such breach or default shat) exist shall in no way impair or prejudice any right or remedy available to the Department with <br /> respect to such breach or default. <br /> 14.40 How Agreement Is Affected by Provisions Being Held Invalid : if any provision of this Agreement is held <br /> invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to <br /> conform to the terms and requirements of applicable law. <br /> 14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and , <br /> also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the <br /> financing hereunder. <br /> 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce <br /> compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable State <br /> law: Provided, that 9 any of the provisions of the Agreement violate any applicable State law, the Agency will at once notify <br /> the Department in writing in order that appropriate changes and modifications may be made by the Department and the <br /> Agency to the end that the Agency may proceed as soon as possible with the project. <br />
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