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1998-005
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1998-005
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Last modified
3/3/2016 8:49:37 PM
Creation date
12/30/2015 3:43:06 PM
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Resolutions
Resolution Number
1998-005
Approved Date
01/13/1998
Resolution Type
Authorizing signing
Public Transportaton Joint Participation
Entity Name
Agreement iwth Florida Department of Transportation
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FORM 71507006 <br /> F11RUC TRAM/ADW N <br /> 00c-09M <br /> Fpr T r(It <br /> 13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any <br /> contract,subcontract,or arrangement in connection with the project or any property included or planned to be included in the <br /> project, in which any member,officer, or employee of the Agency during his tenure or for two years thereafter has any <br /> interest,direct or indirect.If any such present or former member, officer,or employee involuntarily acquires or had acquired <br /> prior to the beginning of his tenure any such interest,and if such interest is immediately disclosed to the Agency,the Agency <br /> with prior approval of the Department,may waive the prohibition contained in this subsection: Provided,that any such present <br /> member,officer or employee shall not participate in any action by the Agency relating to such contract, subcontract, or <br /> arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or <br /> planned to be included in any project, and shall require its contractors to insert in each of their subcontracts,the following <br /> Provision! <br /> "No member,officer,or employee of the Agency during his tenure or for two years thereafter shall have any interest, <br /> 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,or <br /> to any agreement for utility services the rates for which are fixed or 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 United <br /> 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 securing <br /> of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance with <br /> applicable errvironmental regulations,including the securing of any applicable permits,and will reimburse the Department for <br /> any loss incurred in connection therewith. <br /> 14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to <br /> 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 payment <br /> to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may <br /> then exist,on the part of the Agency,and the making of such payment by the Department while any such breach or default shall <br /> exist shall in no way impair or prejudice any right or remedy available to 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,also, <br /> agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing <br /> hereunder. <br /> 14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance <br /> with any provision thereof,perform any other act or do any other thing in contravention of any applicable State law: Provided, <br /> dot if any of the provisions of the Agreement violate any applicable State law,the Agency will at once notify the Department <br /> in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that <br /> the Agency may proceed as soon as possible with the project. <br />
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