Common use of Public Records and Retention Clause in Contracts

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall provide the AAAPP 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential and 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 4 contracts

Samples: Standard Contract, Standard Contract, Standard Contract

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Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient Contractor agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP Department to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall Department’s custodian of public records, provide the AAAPP Department 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient Contractor does not transfer the records to the AAAPPDepartment. 10.1.4 Upon completion of the contract, the Sub-Recipient Contractor will either transfer, at no cost to the AAAPPDepartment, all public records in possession of the Sub-Recipient Contractor to the AAAPP Department or will keep and maintain public records required by the AAAPPDepartment. If the Sub-Recipient Contractor transfers all public records to the AAAPP Department upon completion of the contract, Sub-Recipient Contractor shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. 10.2 The AAAPP Department may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient Contractor to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient Contractor in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S.F.S. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 0000 Xxxxxxxxx Xxx Tallahassee, Florida 32399 000-000-0000 xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient Contractor and Subcontractors shall, at no cost to the AAAPPDepartment, transfer all public records in their possession to the AAAPP Department and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP Department in a format that is compatible with the information technology systems of the AAAPPDepartment.

Appears in 3 contracts

Samples: Standard Contract, Standard Contract, Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP AAAPP, the Sub-Recipient shall provide the AAAPP 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S.F.S. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 0000 Xxxxxxxxx Xxx Xxxxxxxxxxx, Xxxxxxx 00000 000-000-0000 xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 2 contracts

Samples: Standard Contract, Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall AAAPP/DOEA, provide the AAAPP AAAPP/DOEA 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP Recipient, or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination F.S. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of this contractElder Affairs 0000 Xxxxxxxxx Xxx Xxxxxxxxxxx, whether for convenience or for cause as detailed in section 53 of this contract, the SubXxxxxxx 00000 000-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.000-0000 xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx

Appears in 2 contracts

Samples: Standard Contract, Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall provide the AAAPP 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 doesnot exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatiblewith the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S.refusal 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 50 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 2 contracts

Samples: Standard Contract, Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the DOEA/AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall DOEA/AAAPP’s custodian of public records, provide the AAAPP 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1)119.071, F.S.F.S. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of Elder Affairs 0000 Xxxxxxxxx Xxx, Xxxxx 000 Tallahassee, Florida 32399 000-000-0000 xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 2 contracts

Samples: Standard Contract, Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 : Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 . Upon request from the AAAPP the Sub-Recipient shall AAAPP/DOEA, provide the AAAPP AAAPP/DOEA 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, F.S., or as otherwise provided by law. 10.1.3 . 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 . Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP Recipient, or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential and 10.2 and exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.F.S. Public Records Coordinator

Appears in 1 contract

Samples: Older Americans Act – Local Services Program Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall AAAPP/DOEA, provide the AAAPP AAAPP/DOEA 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP Recipient, or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination F.S. IF THE SUB-RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUB-RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator Florida Department of this contractElder Affairs 0000 Xxxxxxxxx Xxx Tallahassee, whether for convenience or for cause as detailed in section 53 of this contract, the SubFlorida 32399 000-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.000-0000 xxxxxxxxxxxxxxxxx@xxxxxxxxxxxx.xxx

Appears in 1 contract

Samples: Standard Contract

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Public Records and Retention. 10.1 By execution of (1) If under this contract, Sub-Recipient agrees or any PSC referencing this contract, the subrecipient is providing services and is acting on behalf of the agency or the Department as provided under s. 119.011(2), F.S., the subrecipient, subject to all provisions the terms of Chapter 119s. 287.058(1)(c), F.S., and any other applicable lawlegal and equitable remedies, and shall: 10.1.1 (a) Keep and maintain public records that ordinarily and necessarily would be required by the AAAPP public agency in order to perform the service; and keep and maintain public records required in writing by the agency to perform the contracted services. 10.1.2 Upon request from (b) Provide the AAAPP public with access to public records on the Sub-Recipient shall same terms and conditions that the agency and the Department would provide the AAAPP 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 in Chapter 119, F.S., or as otherwise provided by law.; 10.1.3 (c) Ensure that public records that are exempt, exempt or confidential and exempt, exempt from public records disclosure requirements requirement are not disclosed except as authorized by law law; and (d) Meet all requirements for the duration of the contract term retaining public records and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost cost, to the AAAPP, agency or the Department all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP subrecipient upon completion or termination of the this contract, Sub-Recipient shall and any PSC referencing this contract, and destroy any duplicate public records that are exemptexempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the agency in a format that is compatible with the information technology systems of the agency and the Department. (e) The subrecipient must clearly label any portion of the documents, data, or confidential andrecords submitted to agency that subrecipient considers exempt from public inspection or disclosure pursuant to Florida’s Public Records Law as trade secret. The labeling will include a justification citing specific statutes and facts that authorize exemption of the information from public disclosure. If different exemptions are claimed to be applicable to different portions of the protected information, the subrecipient shall include information correlating the nature of the claims to the particular protected information. The subrecipient shall be responsible for defending its claim that each and every portion any claimed trade secret or redactions of trade secret information are exempt from inspection and copying under Florida’s Public Records Law. 10.2 (2) The AAAPP agency may unilaterally cancel this contract, and any PSC referencing this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient subrecipient to comply with Section 10 11 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient subrecipient in conjunction with this contract, or any PSC referencing this contract, unless the records are exempt, or confidential and exempt, exempt from Section 24(a) of Article I of the State Constitution and Section s. 119.07(1), F.S. 10.3 Upon termination (3) Public Records Law, Section 119.0701, Florida Statute: For clarification purposes, the agency is not acting on behalf of the subrecipient as “acting on behalf” has been defined by Florida law, see cases cited below. This contract, or any PSC referencing this contract, is not one in which the agency provides services to the subrecipient. In addition, the agency is not a public agency, as defined under Section 119.0701, Florida Statutes. Pursuant to Section 119.0701, Florida Statutes, a Contractor means an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency as provided under Section 119.011(2). Those entities that are not acting on behalf of a public agency as provided under Section 119.011(2) are not included in the definition Contractor in Section 119.0701, Florida Statutes. The court in Xxxxxxx & Xxxxxxxxxx, Inc. v. Metropolitan Dade County, 429 So. 2d 343, at 346 (Fla. 3d DCA 1983) noted: “We are unaware of any authority which supports the proposition that merely by contracting with a governmental agency a corporation acts ‘on behalf of the agency.” Courts apply a multi-factor test to determine whether for convenience or for cause a private entity is acting on behalf of a public entity, see News and Sun-Sentinel Co. v. Schwab, Twitty, Xxxxxx Architectural Group, Inc., 596 So. 2d 1029, 1031 (Fla. 1992). See also Florida Attorney General Opinions, AGO 2014-06 and Informal Opinion dated December 31, 2014. Except as detailed may be required by the application of Section 119.0701, Florida Statutes, nothing in section 53 of this contract, the Sub-Recipient and Subcontractors shallor any PSC referencing this contract, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to construed as a finding by the AAAPP in a format agency that the subrecipient is compatible with the information technology systems acting on behalf of the AAAPPagency, as provided under Section 119.011(2), Florida Statutes, so as to make the subrecipient a contractor as defined in Section 119.0701, Florida Statutes.

Appears in 1 contract

Samples: Master Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall AAAPP’s custodian of public records, provide the AAAPP 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, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential and 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 50 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 1 contract

Samples: Standard Contract

Public Records and Retention. 10.1 By execution of this contract, Sub-Recipient agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP to perform the contracted services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall provide the AAAPP 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 costprovided in Chapter 119, F.S., or as otherwise provided by law. 10.1.3 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 contract term and following completion of the contract if the Sub-Recipient does not transfer the records to the AAAPP. 10.1.4 Upon completion of the contract, the Sub-Recipient will either transfer, at no cost to the AAAPP, all public records in possession of the Sub-Recipient to the AAAPP or will keep and maintain public records required by the AAAPP. If the Sub-Recipient transfers all public records to the AAAPP upon completion of the contract, Sub-Recipient shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Sub-Recipient keeps and maintains public records upon completion of the contract, the Sub-Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP. 10.2 The AAAPP may unilaterally cancel this contract, notwithstanding any other provisions of this contract, for refusal by the Sub-Recipient to comply with Section 10 of this contract by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient in conjunction with this contract, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination of this contract, whether for convenience or for cause as detailed in section 53 of this contract, the Sub-Recipient and Subcontractors shall, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.

Appears in 1 contract

Samples: Standard Contract

Public Records and Retention. 10.1 By execution of this contractAgreement, Sub-Recipient Provider agrees to all provisions of Chapter 119, F.S., and any other applicable law, and shall: 10.1.1 Keep and maintain public records required by the AAAPP Agency to perform the contracted agreed services. 10.1.2 Upon request from the AAAPP the Sub-Recipient shall Agency’s custodian of public records, provide the AAAPP Agency 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, F.S., or as otherwise provided by law. 10.1.3 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 contract Agreement term and following completion of the contract Agreement if the Sub-Recipient Provider does not transfer the records to the AAAPPAgency. 10.1.4 Upon completion of the contractAgreement, the Sub-Recipient Provider will either transfer, at no cost to the AAAPPAgency, all public records in possession of the Sub-Recipient to the AAAPP Provider, or will keep and maintain public records required by the AAAPPAgency. If the Sub-Recipient Provider transfers all public records to the AAAPP Agency upon completion of the contractAgreement, Sub-Recipient Provider shall destroy any duplicate public records that are exempt, or confidential andand exempt, from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, the Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Agency in a format that is compatible with the information technology systems of the Agency. 10.2 The AAAPP Agency may unilaterally cancel this contractAgreement, notwithstanding any other provisions of this contractAgreement, for refusal by the Sub-Recipient Provider to comply with Section 10 of this contract Agreement by not allowing public access to all documents, papers, letters, or other material made or received by the Sub-Recipient Provider in conjunction with this contractAgreement, unless the records are exempt, or confidential and exempt, from Section 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. 10.3 Upon termination of this contractF.S. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, whether for convenience or for cause as detailed in section 53 of this contractFLORIDA STATUTES, the Sub-Recipient and Subcontractors shallTO THE PROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, at no cost to the AAAPP, transfer all public records in their possession to the AAAPP and destroy any duplicate public records that are exempt, or confidential and exempt, from public records disclosure requirements. All records stored electronically shall be provided to the AAAPP in a format that is compatible with the information technology systems of the AAAPP.CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Public Records Coordinator

Appears in 1 contract

Samples: Standard Agreement

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