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Last modified
2/1/2017 10:08:06 AM
Creation date
9/30/2015 5:00:30 PM
Metadata
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Template:
Resolutions
Resolution Number
2001-001
Approved Date
01/01/2001
Agenda Item Number
7.G.
Resolution Type
Authorizing the execution of agreement
Entity Name
Florida Department of Transportation
Subject
Public Transportation Joint Participation Agreement with FDOT
Archived Roll/Disk#
2746
Supplemental fields
SmeadsoftID
2364
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FORM 725-030.06 <br /> PUBLIC TRANSP ADMIN.07/00 <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 included <br /> in the project,in which any member,officer, or employee of the Agency during his tenure or for two years thereafter has <br /> any interest,direct or indirect. If any such present or former member,officer,or employee involuntarily acquires or had <br /> acquired prior to the beginning of his tenure any such interest,and if such interest is immediately disclosed to the Agency, <br /> the Agency wjth prior approval of the Department, may waive the prohibition contained in this subsection: Provided,that <br /> any such present member, officer or employee shall not participate in any action by the-Agency relating to such contract, <br /> subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any <br /> proPerty included or planned to be included in any project,and shall require its contractors to insert in each of their <br /> 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 depositories, <br /> or to any agreement for utility services the rates for which are fixed OF controlled by a Governmental 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 default <br /> which may then exist,on the part of the Agency,and the making of such payment by the Department while any such <br /> 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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