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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525.010-0 <br />LOCAL AGENCY PROGRAM AGREEMENT PROGRAM MANAGEMENT <br />OGC— OBh s <br />Pape 12 of 15 <br />A. The Agency will be solely responsible for compliance with all applicable environmental regulations, for <br />any liability arising from non-compliance with these regulations, and will reimburse the Department for any <br />loss incurred in connection therewith. The Agency will be responsible for securing any applicable <br />permits. The Agency shall include in all contracts and subcontracts for amounts in excess of $150,000, a <br />provision requiring compliance with all applicable standards, orders or regulations issued pursuant to the <br />Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 <br />U.S.C. 1251-1387). <br />B. The Department shall not be obligated or liable hereunder to any individual or entity not a party to this <br />Agreement <br />C. In no event shall the making by the Department of any payment to the Agency constitute or be construed <br />as a waiver by the Department of any breach of covenant or any default which may then exist on the part <br />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 <br />such breach or default <br />D. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. <br />In such an instance, the remainder would then continue to conform to the terms and requirements of <br />applicable law. <br />E. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, <br />any -bonus or commission- for- the .purpose_ of obtaining -an approval of -its .application. for the .financing___ <br />--------------------- -- <br />— --- - --- -- - -- - — — -- — -- -... - -- -- -- - — - - — ---- <br />- <br />--------hereunder.------ ------ <br />F. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision <br />or perform any act or do any other thing in contravention of any applicable state law. If any of the <br />provisions of the Agreement violate any applicable state law, the Agency will at once notify the <br />Department in writing in order that appropriate changes and modificafions may he made by the <br />Department and the Agency to the end that the Agency may proceed as soon as possible with the <br />Project - - - ­- -- --- <br />G. <br />- <br />G. In the event that this Agreement involves constructing and equipping of facilities, the Agency shall submit <br />to the Department for approval all appropriate plans and specifications covering the Project The <br />Department will review all plans and specifications and will issue to the Agency a written approval with <br />any approved portions of the Project and comments or recommendations covering any remainder of the <br />Project deemed appropriate. After resolution of these comments and recommendations to the <br />Department's satisfaction, the Department will issue to the Agency a written approval with said remainder <br />of the Project. Failure to obtain this written approval shall be sufficient cause of nonpayment by the <br />Department. <br />H. Upon completion of right-of-way activities on the Project, the Agency must certify compliance with all <br />applicable federal and state requirements. Certification is required prior to authorization for <br />advertisement for or solicitation of bids for construction of the Project, including if no right-of-way is <br />required. <br />I. The Agency will certify in writing, prior to Project closeout that the Project was completed in accordance <br />with applicable plans and specifications, is in place on the Agency's facility, adequate title is in the <br />Agency's name, and the Project is accepted by the Agency as suitable for the intended purpose. <br />J. The Agency agrees that no federally -appropriated funds have been paid, or will be paid by or on behalf of <br />the Agency, to any person for influencing or attempting to influence any officer or employee of any federal <br />agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of <br />Congress in connection with the awarding of any federal contract, the making of any federal grant, the <br />making of any federal loan, the entering into of any cooperative agreement, and the extension, <br />continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative <br />1 44 <br />