Common use of PUBLIC RECORDS COMPLIANCE Clause in Contracts

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE agrees that, to the extent that it may "act on behalf" of the CITY within the meaning of Section 119.0701(1)(a), Florida Statutes in providing its services under this Agreement, it shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with 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 this chapter 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 for the duration of the Agreement term and following completion of the Agreement if the CONCESSIONAIRE does not transfer the records to the public agency. (d) Upon completion of the Agreement, transfer, at no cost, to the public agency all public records in possession of the CONCESSIONAIRE or keep and maintain public records required by the public agency to perform the service. If the CONCESSIONAIRE transfers all public records to the public agency upon completion of the Agreement, the CONCESSIONAIRE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE keeps and maintains public records upon completion of the Agreement, the CONCESSIONAIRE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. (e) Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY OF NAPLES, CITY CLERK, AT (000)000-0000, XXXXXX, XXXXXXX 00000.

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE 1. CONTRACTOR’S RESPONSIBILITY FOR COMPLIANCE WITH CHAPTER 119, FLORIDA STATUTES. Pursuant to Section 119.0701, F.S., CONSULTANT agrees thatto comply with all public records laws, to the extent that it may "act on behalf" of the CITY within the meaning of Section 119.0701(1)(a), Florida Statutes in providing its services under this Agreement, it shallspecifically to: (a) A. Keep and maintain public records required by the public agency CITY to perform the service. i. The timeframes and classifications for records retention requirements must be in accordance with the General Records Schedule GS1-SL for State and Local Government Agencies. (b) See xxxx://xxx.xxx.xxxxx.xx.xx/library-archives/records-management/general- records-schedules/). ii. Records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business with the City. CONTRACTOR’S records under this Agreement include but are not limited to, supplier/subCONSULTANT invoices and contracts, project documents, meeting notes, emails and all other documentation generated during this Agreement. B. Upon request from the public agencyCITY’s custodian of public records, provide the public agency CITY with a copy of the requested records or allow the records to be inspected or copied copies within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided for by law. If a CONSULTANT does not comply with the CITY’s request for records, CITY shall enforce the provisions in accordance with the contract. (c) C. Ensure that public project 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 Agreement contract term and following completion of the this Agreement if the CONCESSIONAIRE CONSULTANT does not transfer the records to the public agencyCITY. (d) D. Upon completion of the Agreementcontract, transfer, at no cost, to the public agency CITY all public records in possession of the CONCESSIONAIRE CONSULTANT or keep and maintain public records required by the public agency CITY to perform the service. If the CONCESSIONAIRE CONSULTANT transfers all public records to the public agency CITY upon completion of the Agreementcontract, the CONCESSIONAIRE CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE CONSULTANT keeps and maintains public records upon the completion of the Agreementcontract, the CONCESSIONAIRE CONSULTANT shall meet all applicable requirements for retaining public records. All records stored kept electronically must be provided to the public agencyCITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. . A CONSULTANT who fails to provide the public records to the CITY within a reasonable time may also be subject to penalties under Section 119.10, Florida Statutes. CONSULTANT selected the following option for the management of public records upon final completion of the project: CONSULTANT elects to submit ALL documentation related to this Agreement, inclusive of sub-contracts, in electronic format, which is acceptable to the City, to the CONTRACT ADMINISTRATOR. Final payment will not be processed without the CITY’s receipt of all documentation. CONSULTANT elects to assume the responsibility to manage and retain ALL documentation related to this Agreement in full accordance with Chapter 119 State Statute and the General Records Schedule GS1-SL for State and Local Government Agencies. (eSee xxxx://xxx.xxx.xxxxx.xx.xx/library-archives/records- management/general-records-schedules/) Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CONCESSIONAIRE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRECONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CITY OF PUNTA GORDA PURCHASING DIVISION CUSTODIAN OF PUBLIC RECORDS, CITY OF NAPLES, CITY CLERK, RECORDS AT (000)000-0000, XXXXXXXXXXXXX@XXXXXX.XX, XXXXXXX 00000OR 000 X. XXXXXX AVENUE, PUNTA GORDA FL 33950.

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE agrees that, to the extent that it may "act on behalf" of the CITY City within the meaning of Section 119.0701(1)(a), Florida Statutes in providing its services under this Agreement, it shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with 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 this chapter 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 for the duration of the Agreement term and following completion of the Agreement if the CONCESSIONAIRE does not transfer the records to the public agency. (d) Upon completion of the Agreement, transfer, at no cost, to the public agency all public records in possession of the CONCESSIONAIRE or keep and maintain public records required by the public agency to perform the service. If the CONCESSIONAIRE transfers all public records to the public agency upon completion of the Agreement, the CONCESSIONAIRE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE keeps and maintains public records upon completion of the Agreement, the CONCESSIONAIRE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the CITYCity’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. (e) Pursuant to Section 119.0701(2)(a), Fla. Stat., IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY OF NAPLES, CITY CLERK, AT (000)000-0000, XXXXXX, XXXXXXX 00000.

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE agrees thatA. IF FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, to the extent that it may "act on behalf" of the CITY within the meaning of Section 119.0701(1)(a)FLORIDA STATUTES, Florida Statutes in providing its services under this AgreementTO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, it shallCONTACT COUNTY’S CUSTODIAN OF PUBLIC RECORDS AT: (a) B. FIRM shall comply with public records laws, specifically: • Keep and maintain public records required by the public agency COUNTY to perform the service. (b) Work; • Upon request from the public agency’s COUNTY's custodian of public records, provide the public agency COUNTY with 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 this chapter 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 for the duration of the Agreement term Term and following completion of the this Agreement if the CONCESSIONAIRE FIRM does not transfer the records to the public agency. (d) COUNTY; and, DRAFT • Upon completion of the this Agreement, transfer, at no cost, to the public agency COUNTY, all public records in possession of the CONCESSIONAIRE FIRM or keep and maintain public records required by the public agency COUNTY to perform the serviceWork. If the CONCESSIONAIRE FIRM transfers all public records to the public agency COUNTY upon completion of the this Agreement, the CONCESSIONAIRE FIRM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE FIRM keeps and maintains public records upon the completion of the this Agreement, the CONCESSIONAIRE FIRM shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCOUNTY, upon request from the CITY’s COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the CITYCOUNTY. (e) Pursuant C. If FIRM fails to provide the public records to COUNTY within a reasonable time, FIRM may be subject to penalties under Section 119.0701(2)(a), Fla. Stat119.10 Florida Statutes and may be subject to unilateral cancellation of this Agreement by COUNTY., IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY OF NAPLES, CITY CLERK, AT (000)000-0000, XXXXXX, XXXXXXX 00000.

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE agrees that, to the extent that it may "act on behalf" of the CITY within the meaning of Section 119.0701(1)(aThe Driver Education Specialist must keep and maintain public records as defined in s. 119.011(12), Florida Statutes as the Department ordinarily and necessarily would be required to keep and maintain them in providing its order to perform the services under contained in this Agreement. The Department may unilaterally cancel this Contract for refusal by the Contractor to allow public access to all documents, it shallpapers, letters, or other material made or received by the Contractor in conjunction with this Contract, unless the records are exempt from Section 24(a) of Article I of the State Constitution and subsection 119.07(1), Florida Statutes. The Contractor, when acting on behalf of the Department, shall in addition to all other conditions of this Contract: (a) a. Keep and maintain public records required by the public agency Department to perform the service. (b) b. Upon request from the public agencyDepartment’s custodian of public records, provide the public agency Department with 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 as set forth in the cost Department's Policy Number 9.03, Providing Records to the Public, which can be provided in this chapter by the Department upon request, or as otherwise provided by law. (c) c. Ensure that public records that are exempt or confidential and exempt from public Public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term Contract term, and following completion of the Agreement Contract, if the CONCESSIONAIRE Contractor does not transfer the records to the public agencyDepartment. (d) d. Upon completion of the AgreementContract, transfer, at no cost, cost to the public agency Department, all public records in possession of the CONCESSIONAIRE Contractor or keep and maintain public records required by the public agency Department to perform the service. If the CONCESSIONAIRE Contractor transfers all public records to the public agency Department upon completion of the AgreementContract, the CONCESSIONAIRE Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE Contractor keeps and maintains public records upon completion of the AgreementContract, the CONCESSIONAIRE Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyDepartment, upon request from the CITYDepartment’s custodian of public recordsrecords or Contract Manager, in a format that is compatible with the information technology systems of the CITYDepartment. e. Respond to inquiries from the Department’s custodian of public records or Contract Manager, regarding public records requests by providing all information or records that the Department deems necessary to respond to such requests within three (e3) working days of request from the Department’s custodian of public records or Contract Manager. Pursuant to Section 119.0701(2)(asubsection 119.0701(3), Fla. StatFlorida Statutes, in the event the Contractor fails to comply with a public records request, the Department will enforce all Contract provisions related to public records requests by assessing the following: 1. First violation - $100 penalty. 2. Second violation - $250 penalty. 3. More than two (2) violations - $500 penalty and/or possible Contract termination depending upon the nature of the violations. XXXXxxxxx@xxxxxx.xxx, IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Public Records Coordinator, FLORIDA STATUTESOffice of General Counsel, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT0000 Xxxxxxxxx Xxxxxxx, CONTACT THE CUSTODIAN OF PUBLIC RECORDSXxxx X000, CITY OF NAPLESXX 02, CITY CLERKTallahassee, AT (000)000-0000, XXXXXX, XXXXXXX 00000.FL 32399

PUBLIC RECORDS COMPLIANCE. CONCESSIONAIRE agrees thatA. IF FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, to the extent that it may "act on behalf" of the CITY within the meaning of Section 119.0701(1)(a)FLORIDA STATUTES, Florida Statutes in providing its services under this AgreementTO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, it shallCONTACT COUNTY’S CUSTODIAN OF PUBLIC RECORDS AT: (a) B. FIRM shall comply with public records laws, specifically: • Keep and maintain public records required by the public agency COUNTY to perform the service. (b) Work; • Upon request from the public agency’s COUNTY's custodian of public records, provide the public agency COUNTY with 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 this chapter 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 for the duration of the Agreement term Term and following completion of the this Agreement if the CONCESSIONAIRE FIRM does not transfer the records to the public agency. (d) COUNTY; and, • Upon completion of the this Agreement, transfer, at no cost, to the public agency COUNTY, all public records in possession of the CONCESSIONAIRE FIRM or keep and maintain public records required by the public agency COUNTY to perform the serviceWork. If the CONCESSIONAIRE FIRM transfers all public records to the public agency COUNTY upon completion of the this Agreement, the CONCESSIONAIRE FIRM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONCESSIONAIRE FIRM keeps and maintains public records upon the completion of the this Agreement, the CONCESSIONAIRE FIRM shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCOUNTY, upon request from the CITY’s COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the CITYCOUNTY. (e) Pursuant C. If FIRM fails to provide the public records to COUNTY within a reasonable time, FIRM may be subject to penalties under Section 119.0701(2)(a), Fla. Stat119.10 Florida Statutes and may be subject to unilateral cancellation of this Agreement by COUNTY., IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, CITY OF NAPLES, CITY CLERK, AT (000)000-0000, XXXXXX, XXXXXXX 00000.