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2002-112
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Last modified
3/6/2017 11:10:34 AM
Creation date
9/30/2015 5:30:37 PM
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Resolutions
Resolution Number
2002-112
Approved Date
12/17/2002
Resolution Type
Grant Program
Entity Name
Florida Department of Transportation
Subject
Joint Participation Agreement
Council on Aging Community Coach
Archived Roll/Disk#
2745
Supplemental fields
SmeadsoftID
3461
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725-030.06 <br /> PUBLIC TRANSPORTATION <br /> 07102 <br /> Page b 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 <br /> be included in the project, in which any member, officer, or employee of the Agency during his tenure or for two <br /> years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee <br /> involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest <br /> is immediately disclosed to the Agency,the Agency with prior approval of the Department, may waive the <br /> prohibition contained in this subsection: Provided,that any such present member, officer or employee shall not <br /> participate in any action by the Agency relating to such contract,subcontract, or arrangement. The Agency shall <br /> insert in all contracts entered into in connection with the project or any property included or planned to be <br /> included in any project, and shall require its contractors to insert in each of their subcontracts,the following <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 <br /> including the securing of any applicable permits. The Agency will be solely responsible for any liability in the <br /> event of non-compliance with applicable environmental regulations, including the securing of any applicable <br /> permits, and will reimburse the 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 <br /> any default which may then exist, on the part of the Agency,and the making of such payment by the Department <br /> while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to <br /> the Department with 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 <br /> the 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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