CN-550000-C9866-00050000.pdf

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO PUBLIC RECORDS PROVISIONS

375-030-95

PROCUREMENT

OGC – 07/16

Financial Project No(s).:

426904-3-32-01

Contract No.: C-9866

Amendment No. 7 (optional)

THIS AMENDMENT TO THE CONTRACT REFERENCED ABOVE (“Amendment”) is made and entered into on this ___________ day of _____________ ________________, by and between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION (“Department”), an agency of the State of Florida, and BCC Engineering, Inc., (“Consultant/Contractor/Vendor”), (collectively the “parties”).

RECITALS

WHEREAS, the Department and Consultant/Contractor/Vendor on November 13, 2012 entered into a I-95

Interchange at St. Johns Heritage Parkway/Palm Bay Parkway North of Micco Road (“Agreement”).

WHEREAS, the Parties have agreed to modify the Agreement on the terms and conditions set forth herein.

WHEREAS, Section 119.0701, Florida Statutes, has been amended and the Department is fulfilling its obligation to include the below required contract provisions in any contract amended after July 1, 2016. Any provisions contained in the Agreement pertaining to compliance with Section 119.0701, F.S., and termination of the Agreement for failure to provide public access to public records are replaced and superseded by the provisions contained within this Amendment.

NOW THEREFORE, in consideration of the mutual covenants in this Amendment, the Agreement is amended as follows:

The Consultant/Contractor/Vendor shall comply with Chapter 119, Florida Statutes. Specifically, the Consultant/Contractor/Vendor shall:

(1) Keep and maintain public records required by the Department to perform the service.

(2) Upon request from the Department’s custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.

(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Consultant/Contractor/Vendor does not transfer the records to the Department.

(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in possession of the Consultant/Contractor/Vendor or keep and maintain public records required by the Department to perform the service. If the Consultant/Contractor/Vendor transfers all public records to the Department upon completion of the Agreement, the Consultant/Contractor/Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant/Contractor/Vendor keeps and maintains public records upon completion of the Agreement, the Consultant/Contractor/Vendor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department’s custodian of public records, in a format that is compatible with the information technology systems of the Department.

DocuSign Envelope ID: 39C35BD6-39AB-44D3-8FA7-6DF5ECCD319D

January 201816

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO PUBLIC RECORDS PROVISIONS

375-030-95

PROCUREMENT

OGC – 07/16

Failure by the Consultant/Contractor/Vendor to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Department.

IF THE CONSULTANT/CONTRACTOR/VENDOR HAS QUESTIONS

REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

CONSULTANT'S/CONTRACTOR’S/VENDOR’S DUTY TO PROVIDE PUBLIC

RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF

PUBLIC RECORDS AT:

District 5

386-943-5000 D5prcustodian@ dot.State.FL.us Florida Department of Transportation District 5 - Office of General Counsel 719 South Woodland Boulevard Deland, FL 32720

Except as modified, amended, or changed by this Amendment, all of the terms and conditions of the Agreement and any amendments thereto shall remain in full force and effect.

IN WITNESS WHEREOF, the undersigned parties have executed this Amendment on the day, month and year set forth above.

Florida Department of Transportation

BCC Engineering, Inc.

Name (Consultant/Contractor/Vendor)

Richard B. Morrow, P.E.

Signatory (Printed or Typed) Department of Transportation

Signature Signature

Director of Transportation Development Title Title

Legal Review

Department of Transportation

DocuSign Envelope ID: 39C35BD6-39AB-44D3-8FA7-6DF5ECCD319D

Wayne Waters

Vice President