Common use of Public Records Law Clause in Contracts

Public Records Law. In accordance with Florida Statutes, Section 119.0701, CONSULTANT shall comply with all public records laws, and shall specifically: A. Keep and maintain public records required by the DISTRICT 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/). ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT provide the DISTRICT, at no cost, 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 for by law. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. Ensure that 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 term and, if CONSULTANT does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government Agencies. D. Upon completion of the Agreement, transfer, at no cost, to the DISTRICT all public records in CONSULTANT’S possession or keep and maintain public records required by the DISTRICT to perform the service. If CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon the completion of the Agreement, CONSULTANT shall meet all applicable requirements for retaining public records. E. Failure of CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Further, CONSULTANT may be subject to penalties under Florida Statutes, Section 119.10.

Appears in 7 contracts

Samples: Professional Services, Professional Services, Professional Services

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Public Records Law. In accordance with Florida Statutes, Section 119.0701, CONSULTANT Contractor shall comply with all public records lawsFlorida’s Public Records Laws, and shall specificallyspecifically agrees to: A. a) Keep and maintain public records required by the DISTRICT Owner to perform the service. ib) 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/). ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT Owner’s custodian of public records, provide the DISTRICT, at no cost, Owner 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 for in Chapter 119, Florida Statutes or as otherwise provided by law. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. c) Ensure that project 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 contract term and, and following completion of the contract if CONSULTANT the Contractor does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government AgenciesOwner. D. d) Upon completion of the Agreementcontract, transfer, at no cost, to the DISTRICT Owner all public records in CONSULTANT’S possession of the Contractor or keep and maintain public records required by the DISTRICT Owner to perform the service. If CONSULTANT the Contractor transfers all public records to the DISTRICT Owner upon completion of the Agreementcontract, CONSULTANT the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT the Contractor keeps and maintains public records upon the completion of the AgreementContract, CONSULTANT the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Owner’s custodian of public records, in a format that is compatible with the information technology systems of the Owner. 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT: ATTENTION CITY CLERK, (000) 000-0000 OR XXXXXXXXX@XXXXXXXXXXXXXXXX.XXX OR 0 XXXXX XXXXX XXXXXXX, LAKE WORTH BEACH, FL 33460. E. Failure of CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Further, CONSULTANT may be subject to penalties under Florida Statutes, Section 119.10.

Appears in 4 contracts

Samples: Construction Contract, Construction Contract, Construction Contract

Public Records Law. In accordance with A. The Parties specifically acknowledge that this Agreement is subject to the laws of the State of Florida, including without limitation, Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the Parties. If SUPPLIER is either a “contractor” as defined in Section 119.0701119.0701(1)(a), CONSULTANT shall comply with all public records lawsFlorida Statutes, and shall specificallyor an “agency” as defined in Section 119.011(2), Florida Statutes, SUPPLIER shall: A. i. Keep and maintain all public records required by the DISTRICT 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/).Services herein; and ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT CITY’S custodian of public records, provide the DISTRICT, at no cost, CITY 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 for in Chapter 119, F.S. or as otherwise provided by law; and iii. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. Ensure that project 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, Term and following completion of the Agreement if CONSULTANT SUPPLIER does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government Agencies.CITY; and D. iv. Upon completion of the Agreement, transfer, at no cost, to the DISTRICT CITY all public records in CONSULTANT’S possession of SUPPLIER or keep and maintain public records required by the DISTRICT CITY to perform the serviceServices herein. If CONSULTANT SUPPLIER transfers all public records to the DISTRICT CITY upon completion of the Agreement, CONSULTANT SUPPLIER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT SUPPLIER keeps and maintains public records upon the completion of the Agreement, CONSULTANT SUPPLIER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to CITY, upon request from CITY’S custodian of public records, in a format compatible with the information technology systems of CITY. E. Failure B. All requests to inspect or copy public records relating to the Agreement shall be made directly to CITY. Notwithstanding any other provision of CONSULTANT this Agreement to the contrary, failure to comply with these the requirements shall be a material breach of this paragraph shall result in the immediate termination of the Agreement, without penalty to CITY. Further, CONSULTANT A contractor who fails to provide the public records to CITY within a reasonable time may be subject to penalties under pursuant to Section 119.10, Florida Statutes. Further, Section 119.10SUPPLIER shall fully indemnify and hold harmless CITY, its officers, agents and employees from any liability and/or damages, including attorney’s fees through any appeals, resulting from SUPPLIER’S failure to comply with these requirements. C. IF THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUPPLIER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS, ATTN: XXXXXXXX XXXXX, CITY CLERK, AT 386-986-3713, xxxxxx@xxxxxxxxxxxx.xxx, 000 XXXX XXXXXX, XXXX XXXXX, XXXXXXX 00000.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Public Records Law. In accordance with Florida Statutes, Section 119.0701, CONSULTANT shall comply with all public records laws, and shall specifically: A. Keep and maintain public records required by the DISTRICT 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/). ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-e- mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT provide the DISTRICT, at no cost, 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 for by law. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. Ensure that 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 term and, if CONSULTANT does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government Agencies. D. Upon completion of the Agreement, transfer, at no cost, to the DISTRICT all public records in CONSULTANT’S possession or keep and maintain public records required by the DISTRICT to perform the service. If CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon the completion of the Agreement, CONSULTANT shall meet all applicable requirements for retaining public records. E. Failure X. Xxxxxxx of CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Further, CONSULTANT may be subject to penalties under Florida Statutes, Section 119.10.

Appears in 1 contract

Samples: Professional Services

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Public Records Law. In accordance with Florida Statutes, Section 119.0701, CONSULTANT shall comply with all public records laws, and shall specifically: A. Keep and maintain public records required by the DISTRICT 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/). ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT provide the DISTRICT, at no cost, 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 for by law. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. Ensure that 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 term and, if CONSULTANT does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government Agencies. D. Upon completion of the Agreement, transfer, at no cost, to the DISTRICT all public records in CONSULTANT’S possession or keep and maintain public records required by the DISTRICT to perform the service. If CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon the completion of the Agreement, CONSULTANT shall meet all applicable requirements for retaining public records. E. Failure X. Xxxxxxx of CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Further, CONSULTANT may be subject to penalties under Florida Statutes, Section 119.10.

Appears in 1 contract

Samples: Professional Services

Public Records Law. In accordance with Florida Statutes, Section 119.0701, CONSULTANT shall comply with all public records laws, and shall specifically: A. Keep and maintain public records required by the DISTRICT 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. (See xxxx://xxx.xxxxx.xx.xx/library-archives/records-management/general-records-schedules/). ii) “Public records” means and includes those items specified in Florida Statutes, Section 119.011(12), as amended from time to time, and currently defined as: 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 DISTRICT. CONSULTANT’S records under this Agreement include but are not limited to, supplier/subcontractor invoices and contracts, project documents, meeting notes, e-e- mails and all other documentation generated during this Agreement. B. Upon request from the DISTRICT provide the DISTRICT, at no cost, 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 for by law. All records kept electronically must be provided to the DISTRICT, upon request, in a format compatible with the information technology systems of the DISTRICT. C. Ensure that 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 term and, if CONSULTANT does not transfer the records to the DISTRICT following completion of the Agreement, for the time period specified in General Records Schedule GS1-SL for State and Local Government Agencies. D. Upon completion of the Agreement, transfer, at no cost, to the DISTRICT all public records in CONSULTANT’S possession or keep and maintain public records required by the DISTRICT to perform the service. If CONSULTANT transfers all public records to the DISTRICT upon completion of the Agreement, CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONSULTANT keeps and maintains public records upon the completion of the Agreement, CONSULTANT shall meet all applicable requirements for retaining public records. E. Failure of CONSULTANT to comply with these requirements shall be a material breach of this Agreement. Further, CONSULTANT may be subject to penalties under Florida Statutes, Section 119.10.

Appears in 1 contract

Samples: Professional Services Agreement

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