Common use of Access to Public Records Clause in Contracts

Access to Public Records. (1) If, under this Contract, the Contractor is providing services, the Department may unilaterally cancel the Contract for refusal by the Contractor to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.07(1), Florida Statutes. (2) If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Protection of Trade Secrets or Other Confidential Information (1) If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. (2) If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” (3) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure. (4) The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as “confidential.” Retention of Records Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made in relation to the Contract, for five (5) years after expiration or termination of the Contract. Contract Extension. Pursuant to sections 287.057(12), Florida Statutes, the State Term Contract No. 475-000-11-1 is extended for a period of six months at the same terms and conditions, with a new contract expiration date of March 20, 2017 or upon the execution of a new contract for medical and dental supplies, whichever occurs first.

Access to Public Records. (1) If, under this Contract, the The Contractor is providing services, the Department may unilaterally cancel the Contract for refusal by the Contractor to shall allow public access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. Article I, Section 24(a) of Art. I of the State ), Florida Constitution and section or Section 119.07(1), F.S. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access as required in this section. Redacted Copies of Confidential Information If Contractor considers any portion of any documents, data, or records submitted to the Department to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida StatutesConstitution or other authority, Contractor must – upon request, provide the Department with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled “Confidential. ” The redacted copy should only redact those portions of material that the Contractor claims is confidential, proprietary, trade secret or otherwise not subject to disclosure. Request for Redacted Information In the event of a public records or other disclosure request pursuant to Chapter 119, F.S., the Florida Constitution or other authority, to which documents that are marked as “Confidential” are responsive, the Department will provide the Contractor-redacted copies to the requestor. If a requestor asserts a right to the Confidential Information, the Department will notify the Contractor such an assertion has been made. It is the Contractor’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Contractor under legal process, the Department shall give the Contractor prompt notice of the demand prior to releasing the information labeled “Confidential” (2) unless otherwise prohibited by applicable law). Contractor shall be responsible for defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. Indemnification for Redacted Information Contractor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Contractor’s determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Contractor fails to submit a redacted copy of information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request or other lawful request for these records. Public Records Clause for Department Contracts If, under this Contractcontract, the Contractor is providing services and is acting on behalf of a public agency the Department as provided by section 119.0701(1)(bunder Section 119.011(2), Florida StatutesF.S., the Contractor Contractor, subject to the terms of Section 287.058(1)(c), F.S., and any other applicable legal and equitable remedies, shall: (a) : Keep and maintain public records Public Records that ordinarily and necessarily would be required by the public agency Department in order to perform the service. (b) . Provide the public with access to public records Public Records on the same terms and conditions that the public agency Department would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S., or as otherwise provided by law. (c) . Ensure that public records Public Records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) . Meet all requirements for retaining public records Public Records and transfer, at no cost, to the public agency Department all public records in possession of the Contractor upon termination of the Contract contract and destroy any duplicate public records Public Records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency Department in a format that is compatible with the information technology systems of the public agencyDepartment. Protection Intellectual Property The parties do not anticipate that any Intellectual Property will be developed as a result of Trade Secrets or Other Confidential Information (1) If this contract. However, any Intellectual Property developed as a result of this contract will belong to and be the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion sole property of the materials as “confidential” when submitted to state. This provision will survive the Department. (2) If the Department receives a public records request for termination or expiration of this contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” (3) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, the appropriate motion or objection in response to the request for discovery. Preferred Pricing Affidavit Requirement The Department will provide materials designated “confidential” only if the Preferred Pricing Affidavit, for completion by an authorized representative of the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect attesting that the materials designated as “confidential” from disclosure. (4Contractor is in compliance with the preferred pricing provision in section 4(b) of the PUR 1000 form. The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating agrees to its designation of contract-related materials as “confidential.” Retention of Records Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made in relation submit to the ContractDepartment, for five (5) years after expiration or termination of the Contract. Contract Extension. Pursuant to sections 287.057(12), Florida Statutesat least annually, the State Term Contract No. 475-000-11-1 is extended for a period of six months at the same terms and conditions, with a new contract expiration date of March 20, 2017 or upon the execution of a new contract for medical and dental supplies, whichever occurs firstcompleted Preferred Pricing Affidavit.

Access to Public Records. (1) If, under this Contract, the The Contractor is providing services, the Department may unilaterally cancel the Contract for refusal by the Contractor to shall allow public access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. Article I, Section 24(a) of Art. I of the State ), Florida Constitution and or section 119.07(1), Florida Statutes. (2) If, under this Contract, F.S. The Department may unilaterally terminate the Contract if the Contractor is providing services and is acting on behalf refuses to allow public access as required in this section. Redacted Copies of a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Protection of Trade Secrets or Other Confidential Information (1) Information If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081any documents, Florida Statutesdata, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when records submitted to the Department. (2) If Department to be confidential, proprietary, trade secret or otherwise not subject to disclosure pursuant to Chapter 119, F.S., the Florida Constitution or other authority, Contractor must – upon request, provide the Department receives with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled “Confidential.” The redacted copy should only redact those portions of material that the Contractor claims is confidential, proprietary, trade secret or otherwise not subject to disclosure. Request for Redacted Information In the event of a public records or other disclosure request for contract-related materials designated by pursuant to Chapter 119, F.S., the Contractor Florida Constitution or other authority, to which documents that are marked as “confidential,Confidential” are responsive, the Department will provide only the portions of Contractor-redacted copies to the contract-related materials not designated as “confidential.” requestor. If the requester a requestor asserts a right to examine contract-related materials designated as “confidential,” the Confidential Information, the Department will notify the Contractor such an assertion has been made. It is the Contractor’s responsibility to assert that the information in question is exempt from disclosure under Chapter 119, F.S., or other applicable law. The If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of the Contractor will under legal process, the Department shall give the Contractor prompt notice of the demand prior to releasing the information labeled “Confidential” (unless otherwise prohibited by applicable law). Contractor shall be responsible for responding defending its determination that the redacted portions of its response are confidential, proprietary, trade secret, or otherwise not subject to and resolving all claims disclosure. Indemnification for access to contract-related materials it has designated “confidential.” (3) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure. (4) The Redacted Information Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, any and attorney’s fees all claims arising from or relating to Contractor’s determination that the redacted portions of its designation response are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Contractor fails to submit a redacted copy of contract-related materials as “confidential.” Retention of Records information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request or other lawful request for these records. Security and Confidentiality The Contractor shall retain sufficient documentation to substantiate claims for payment ensure that confidential or exempt information is protected from disclosure in accordance with Florida law. The Contractor shall comply with the accessibility standards stated in section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794(d)), including regulations set forth under the Contract36 C.F.R. part 1194, and sections 282.601-606, Florida Statutes. At the expiration of the ACS Agreement, the Contractor shall return all other records made in relation Department or Customer information to the ContractDepartment or Customer in a usable format to be agreed upon by the Department, for five (5) years after Customer, and Contractor. At the expiration or termination of the ContractACS Agreement and after all federal and state record retention requirements have been met, the Contractor shall destroy and render unrecoverable all remaining Department or Customer information and certify in writing to the Department or Customer that these actions have been taken. Contractor shall adhere to the information destruction standards established by the National Institute of Standards and Technology Special Publication 800-88, “Guidelines for Media Sanitization” (2006). See xxxx://xxxx.xxxx.xxx The first sentence of section 33, General Contract Extension. Pursuant Conditions, PUR 1000 is replaced by the following: The Contractor shall comply fully with all security procedures of the Customer, including those adopted pursuant to sections 287.057(12)section 501.171, Florida Statutes, and Chapter 71A-1, Florida Administrative Code, in performance of the Purchase Order. The warranties of this paragraph shall survive the ACS Agreement. If the Customer’s security procedures in place as of the effective date of the Purchase Order materially change, then the Customer shall promptly notify the Contractor, and the Contractor and the Customer shall negotiate an amendment to the Purchase Order to address the change in procedures. Compliance with Laws The Contractor shall comply with all laws, Florida Administrative Code rules, ordinances, and licensing requirements applicable to the conduct of its business within the State, including those of federal, state, and local governmental entities having jurisdiction and authority. By way of non-exhaustive example, Chapter 000, Xxxxxxx Xxxxxxxx, xxx Xxxxxxx 00X-0, Xxxxxxx Administrative Code, govern the ACS Agreement. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran’s status. Violation of such laws may be grounds for termination of the ACS. The Contractor also shall be governed by and shall not act inconsistently with sections 119.07 and 119.0701, Florida Statutes, regarding public records (all data or information furnished by the Department or State Term Contract Noof Florida are state data and records), and section 501.171, Florida Statutes, regarding data security and records maintenance. 475Any maintenance, support, notice, self-000-11-1 is extended for a period of six months at the same training, certification, audit, review or other provisions contained in Purchase Orders, or additional terms and conditionsconditions incorporated into those agreements, that do not comply with a new contract expiration date of March 20, 2017 or upon the execution of a new contract for medical and dental supplies, whichever occurs firstFlorida law shall not apply to this ACS Agreement.

Access to Public Records. (1) If, under this Contract, the Contractor is providing services, the Department may unilaterally cancel the Contract for refusal by the Contractor to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.07(1), Florida Statutes. (2) If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of the Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. Protection of Trade Secrets or Other Confidential Information (1) If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. (2) If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” (3) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure. (4) The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as “confidential.” Retention of Records Contractor shall retain sufficient documentation to substantiate claims for payment under the Contract, and all other records made in relation to the Contract, for five (5) years after expiration or termination of the Contract. Contract Extension. Pursuant to sections 287.057(12), Florida Statutes, the State Term Contract No. 475645-000120-1110-1 is extended for a period of six months at the same terms and conditions, with a new contract expiration date of March 20September 25, 2017 2015 or upon the execution of a new contract for medical copier paper, both virgin and dental suppliesrecycled, whichever occurs first.