Common use of FOIA Clause in Contracts

FOIA. The Operator acknowledges that documents submitted to the City by Operator—both during the term of this MOU and/or as part of any proposal, quote, or presentation made by Operator to the City—constitute public records that may be subject to public disclosure and/or production under the Virginia Freedom of Information Act (VFOIA). Any information contained in any document or record, which Operator considers confidential or of a proprietary nature must be noted at the time of submission. If the City receives a public disclosure request, whether informally or formally, from any person or entity, for such information or documents, the City agrees to immediately notify Operator. The City also agrees to work with Operator to determine whether any information and/or documents may be protected from disclosure or production under VFOIA; and will act reasonably in this regard. Nothing contained in this MOU shall affect the City’s rights and obligations with respect to disclosure or production of records in accordance with VFOIA or other applicable law.

FOIA. The Operator acknowledges that documents submitted to the City by Operator—both during the term of this MOU MOA and/or as part of any proposal, quote, or presentation made by Operator to the City—constitute public records that may be subject to public disclosure and/or production under the Virginia Freedom of Information Act (VFOIA). Any information contained in any document or record, which Operator considers confidential or of a proprietary nature must be noted at the time of submission. If the City receives a public disclosure request, whether informally or formally, from any person or entity, for such information or documents, the City agrees to immediately notify Operator. The City also agrees to work with Operator to determine whether any information and/or documents may be protected from disclosure or production under VFOIA; and will act reasonably in this regard. Nothing contained in this MOU MOA shall affect the City’s rights and obligations with respect to disclosure or production of records in accordance with VFOIA or other applicable law.