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375-030-12
<br />PROCUREMENT
<br />OGC – 9/16
<br />Page A5 of 11
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<br />C. The Consultant will comply with all federal, state and local laws and ordinances applicable to the work or
<br />payment for work thereof, and will not discriminate on the grounds of race, color, religion, sex, national origin,
<br />age or disability in the performance of work under this Agreement.
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<br />D. The Consultant warrants that the Consultant has not employed or retained any company or person, other
<br />than a bona fide employee working solely for the Consultant, to solicit or secure this Agreement, and that he
<br />has not paid or agreed to pay any person, company, corporation, individual, or firm any fee, commission,
<br />percentage, gift or any other consideration, contingent upon or resulting from the award or making of this
<br />Agreement. It is understood and agreed that the term "fee" shall also include brokerage fee, however
<br />denoted. For the breach or violation of this Paragraph, the Department shall have the right to terminate this
<br />Agreement without liability, and, at its discretion, to deduct from the contract price, or otherwise recover, the
<br />full amount of such fee, commission, percentage, gift or consideration.
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<br />E. The Consultant shall comply with Chapter 119, Florida Statutes. Specifically, the Consultant shall:
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<br />(1) Keep and maintain public records required by the Department to perform the service.
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<br />(2) Upon request from the Department's custodian of public records, provide the Department with a copy of
<br />the requested records or allow the records to be inspected or copied within a reasonable time at a cost
<br />that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
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<br />(3) Ensure that public records that are exempt or confidential and exempt from public records disclosure
<br />requirements are not disclosed except as authorized by law for the duration of the Agreement term and
<br />following completion of the Agreement if the Consultant does not transfer the records to the
<br />Department.
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<br />(4) Upon completion of the Agreement, transfer, at no cost, to the Department, all public records in
<br />possession of the Consultant or keep and maintain public records required by the Department to
<br />perform the service. If the Consultant transfers all public records to the Department upon completion of
<br />the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential
<br />and exempt from public records disclosure requirements. If the Consultant keeps and maintains public
<br />records upon completion of the Agreement, the Consultant shall meet all applicable requirements for
<br />retaining public records. All records stored electronically must be provided to the Department, upon
<br />request from the Department's custodian of public records, in a format that is compatible with the
<br />information technology systems of the Department.
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<br />Failure by the Consultant to comply with Chapter 119, Florida Statutes, shall be grounds for immediate
<br />unilateral cancellation of this Agreement by the Department.
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<br />IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF
<br />CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
<br />PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT
<br />THE CUSTODIAN OF PUBLIC RECORDS AT:
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<br />District 4
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<br />954-777-4529
<br />D4prcustodian@dot.state.fl.us
<br />Florida Department of Transportation
<br />District 4 - Office of General Counsel
<br />3400 West Commercial Blvd.
<br />Fort Lauderdale, FL 33309
<br />DocuSign Envelope ID: A4AD1F85-7AED-446C-B47A-9804B3DF3740
<br />F-31
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