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2003-341
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2003-341
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Last modified
1/23/2017 1:04:42 PM
Creation date
9/30/2015 7:10:14 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
12/16/2003
Control Number
2003-341
Agenda Item Number
7.L.
Entity Name
Florida Department of Transportation
Subject
Public Transportation Joint Participation Agreement
Archived Roll/Disk#
3208
Supplemental fields
SmeadsoftID
3557
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725-030-06 <br /> PUBLIC TRANSPORTATION <br /> 06103 <br /> Page 8 of 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 contract, subcontract, or arrangement. The Agency shall insert in all contracts 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 shall have <br /> any interest, direct or indirect, in this contract or the proceeds thereof. " <br /> The provisions of this subsection shall 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 shall 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 responsible 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 shall 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 shall 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 if 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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