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2004-136
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Last modified
1/30/2026 11:33:41 AM
Creation date
9/30/2015 4:57:13 PM
Metadata
Fields
Template:
Resolutions
Resolution Number
2004-136
Approved Date
11/09/2004
Agenda Item Number
No data from migration
Resolution Type
Joint Participation Agreement
Entity Name
State of Florida Department of Transportation
Subject
Approving a Joint Participation Agreement with FDOT to Fund Access Iprovements
to Aviation Blvd at the Vero Beach Airport
Archived Roll/Disk#
2746
Supplemental fields
SmeadsoftID
2296
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725030-06 <br />PUBLIC TRANSPORTATION <br />06/03 <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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