CN-550000-C9N17-00020000.pdf

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Attached to
Master Agreement FL|C9N17|cf372b87d1b8e94d94e1800fb6cf5706
Contract number
C9N17
Issued by
Florida

About this file

This document is an Amendment to Public Records Provisions for a contract between the State of Florida Department of Transportation (FDOT) and Hill International, Inc., dated December 6, 2016. The amendment is associated with Contract No. C-9N17 and relates to a CEI Group 148 project involving roadway improvements on SR 48 from east of I-75 Ramps to CR 475 and on SR 35 (US 301) from south of W Cherokee Avenue to Noble Avenue.

The amendment primarily focuses on updating the contract's public records compliance requirements in accordance with Section 119.0701 of Florida Statutes. It outlines specific obligations for Hill International, Inc. regarding maintaining, providing, and protecting public records throughout the contract's duration. The amendment stipulates that the contractor must keep and maintain public records, provide copies upon request, ensure confidential records are not disclosed, and transfer all public records to FDOT upon contract completion. Failure to comply with these provisions can result in immediate unilateral cancellation of the agreement by the Department of Transportation.

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Text version

STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION

AMENDMENT TO PUBLIC RECORDS PROVISIONS

375-030-95

PROCUREMENT

OGC – 07/16

Financial Project No(s).:

240418-2-62-01; 433959-1-62-01; 240418-5-62-01

Contract No.: C-9N17

Amendment No. 1 (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 Hill International, Inc., (“Consultant/Contractor/Vendor”), (collectively the “parties”).

RECITALS

WHEREAS, the Department and Consultant/Contractor/Vendor on January 19, 2016 entered into a CEI Group

148; SR 48 from E of I-75 Ramps to CR 475 (Main St) SR 35 (US 301) from S of W Cherokee Ave to Noble Avenue (“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: 6CAADADF-F976-4675-9A09-C1DE696B6407

6th December 2016

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

Hill International, Inc.

Name (Consultant/Contractor/Vendor)

Alan E. Hyman, P.E.

Signatory (Printed or Typed) Department of Transportation

Signature Signature

Director of Transportation Operations Title Title

Legal Review

Department of Transportation

DocuSign Envelope ID: 6CAADADF-F976-4675-9A09-C1DE696B6407

Daniel P. Sokol

Vice President

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