Common use of Compliance with Public Records Law Clause in Contracts

Compliance with Public Records Law. To the extent Concessionaire is acting on behalf of County as stated in Section 119.0701, Florida Statutes, Concessionaire shall: a) Keep and maintain public records required by County to perform the services under this Agreement; b) Upon request from County, provide County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that 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 record requirements are not disclosed except as authorized by law for the duration of this Agreement and following completion or termination of this Agreement if the records are not transferred to County; and d) Upon completion or termination of this Agreement, transfer to County, at no cost, all public records in possession of Concessionaire or keep and maintain public records required by County to perform the services. If Concessionaire transfers the records to County, Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt. If Concessionaire keeps and maintains public records, Concessionaire shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County upon request in a format that is compatible with the information technology systems of County. The failure of Concessionaire to comply with the provisions of this section shall constitute a material breach of this Agreement entitling County to exercise any remedy provided in this Agreement or under applicable law. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Concessionaire will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Concessionaire contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET." In addition, Concessionaire must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Florida Statutes Section 812.081 and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Concessionaire as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Concessionaire. Concessionaire shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of any Trade Secret Materials in response to a records request by a third party. IF CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF FLORIDA STATUTES CHAPTER 119 TO CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000) 000-0000, XXXXXXX@XXXXXXX.XXX, 0000 XX 00XX XXXXXX,

Compliance with Public Records Law. To the extent Concessionaire is acting on behalf of County as stated in Section 119.0701The Consultant must comply with Florida public records laws, Florida Statutes, Concessionaire shallspecifically to: a) Keep and maintain public records required by County the City to perform the services under this Agreement;service. b) Upon request from Countythe City’s custodian of public records, provide County the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed that 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 record records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement the contract term and following completion or termination of this Agreement the Contract if the Consultant does not transfer the records are not transferred to County; andthe City. d) Upon completion or termination of this Agreementthe Contract, transfer to Countytransfer, at no cost, to the City of XxXxxxx all public records in possession of Concessionaire the Consultant or keep and maintain public records required by County the City to perform the servicesservice. If Concessionaire the Consultant transfers the all public records to Countythe City upon completion of the Contract, Concessionaire the Consultant shall destroy any duplicate public records that are exempt or confidential and exemptexempt from public records disclosure requirements. If Concessionaire the Consultant keeps and maintains public recordsrecords upon completion of the Contract, Concessionaire the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of County. the City. e) The failure City will consider it a breach of Concessionaire contract should the Consultant fail to comply with the provisions of this section shall constitute a material breach of this Agreement entitling County to exercise any remedy provided in this Agreement or under applicable law. A request for public records regarding this Agreement must be made directly request. f) A Consultant who fails to County, who will be responsible for responding to any such public records requests. Concessionaire will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Concessionaire contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET." In addition, Concessionaire must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Florida Statutes Section 812.081 and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Concessionaire as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Concessionaire. Concessionaire shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of any Trade Secret Materials in response City within a reasonable time may be subject to a records request by a third party. penalties under §119.10, Florida Statutes, as amended. g) IF CONCESSIONAIRE THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES CHAPTER 119 TO CONCESSIONAIRE'S DUTY STATUTES, TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (CITY CLERK) AT: (000) 000-0000, XXXXXXX@XXXXXXX.XXXCITY OF XXXXXXX, 0000 XX 00XX XXXXXX,000 Xxxxxxxxxx Xxx., XxXxxxx, Florida 33935, xxxxxxxxx@xxxxxxxxxxx.xxx. h) If the Consultant is not providing the requested public records, the burden of proof is on the Consultant to show why they did not comply with the request.

Compliance with Public Records Law. To UWF is subject to applicable public records laws as provided by provisions of Florida Statutes Chapter 119, and UWF will respond to such public records request without any duty to give the extent Concessionaire Contractor prior notice. If Contractor is acting on behalf of County a “contractor” as stated in defined under Section 119.0701, Florida Statutes, Concessionaire Contractor shall comply with all applicable public records laws. Specifically, Contractor shall: a: (1) Keep keep and maintain public records required by County UWF to perform the services under this Agreement; bservice; (2) Upon upon request from CountyUWF’s custodian of public records, provide County UWF with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided under that provided in Chapter 119, Florida Statutessection, or as otherwise provided provide by law; c; (3) Ensure ensure that public records that are exempt or confidential and exempt from public record records disclosure requirements are not disclosed except as authorized by law for the duration of this Agreement the contract term and following completion or termination of this Agreement the contract if Contractor does not transfer the records are not transferred to CountyUWF; and dand (4) Upon upon completion or termination of this Agreementthe contract, transfer to Countytransfer, at no cost, to UWF all public records in possession of Concessionaire Contractor or keep and maintain public records required by County UWF to perform the servicesService. If Concessionaire Contractor transfers the all public records to CountyUWF upon completion of the contract, Concessionaire Contractor shall destroy any duplicate public records that are exempt or confidential and exemptexempt from public records disclosure requirements. If Concessionaire Contractor keeps and maintains public recordsrecords upon completion of the contract, Concessionaire Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to County UWF, upon request by UWF’s public records custodian, in a format that is compatible with the UWF’s information technology systems systems. If UWF receives a request for public records, and UWF does not possess such records, UWF shall immediately notify Contractor of Countysuch request, and Contractor must provide them to UWF or allow the records to be inspected or copied within a reasonable time. The failure of Concessionaire to If Contractor does not comply with the provisions of this section shall constitute a material breach of this Agreement entitling County to exercise any remedy provided in this Agreement or under applicable law. A request for records, UWF shall enforce the terms of the contract, and Contractor may be subject to civil action under Section 119.0701, Florida Statutes, and the penalties outlined under Section 119.10, Florida Statutes. UWF may unilaterally cancel the Agreement for Contractor’s refusal to allow public access to all public records regarding this Agreement must be that were made directly to County, who will be responsible for responding to any such public records requests. Concessionaire will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Concessionaire contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET." In addition, Concessionaire must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Florida Statutes Section 812.081 and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Concessionaire as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized received in writing by Concessionaire. Concessionaire shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of any Trade Secret Materials in response to a records request by a third party. IF CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF FLORIDA STATUTES CHAPTER 119 TO CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000) 000-0000, XXXXXXX@XXXXXXX.XXX, 0000 XX 00XX XXXXXX,conjunction