Common use of Public Records Law Clause in Contracts

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement. (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 2 contracts

Samples: Construction Services Agreement, Construction Services Agreement

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Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement., (2) CONTRACTOR shall provide the public COUNTY with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. . (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX X. XXXXXX XXXXXX, XXXXXXX, XX 00000. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida.

Appears in 2 contracts

Samples: Term Contract for Residential Plumbing Services, Term Contract for Appraisal Services

Public Records Law. (a) CONTRACTOR ENGINEER acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and that it is familiar with the provisions of the Public Records Law of the State of Florida. ENGINEER agrees to comply with Chapter 119, Florida Statutes, and specifically per Florida Statute 119.0701, ENGINEER agrees to release keep and maintain public records that would be required by the City of Mexico Beach in order to perform the services provided for in this Agreement; ENGINEER agrees to provide public access to any required public records in the same manner as a public agency; ENGINEER agrees to protect exempt or confidential records from disclosure; ENGINEER agrees to meet public records retention requirement; and ENGINEER agrees that at the end of term of this Agreement, to transfer all public records to members the City of Mexico Beach and destroy any duplicate exempt or confidential public records. All products generated by the ENGINEER for the CITY become the property of the public upon requestCITY. CONTRACTOR acknowledges that COUNTY is required The CITY may require submission of any electronic file version of reports, data, maps or other submission of documentation produced for or as a result of this Statement of Qualifications in addition to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutespaper documents. Further, in accordance with the handling Public Records Laws of the materials created under this Agreement and this statute controls over the terms State of this Agreement. Upon COUNTY’s requestFlorida, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep ENGINEER must: Keep and maintain public records that ordinarily and necessarily would be required by COUNTY the public agency in order to perform the services or provide the materials required under this Agreement. (2) CONTRACTOR shall provide service. Provide the public with access to public records on the same terms and conditions that COUNTY the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. (3) CONTRACTOR shall ensure . Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall . Meet all requirements for retaining public records and transfer, at no cost cost, to COUNTY, the public agency all public records in possession of CONTRACTOR, or keep the ENGINEER upon termination of the contract and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records record disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, the public agency in a format that is compatible with the information technology systems of COUNTY. (d) Failure to the public agency. If an ENGINEER does not comply with this Section will be deemed a material breach public records request, the public agency shall enforce the contract provision in accordance with the contract. All covenants, agreements, representations, and warranties made herein, or otherwise made in writing by any party pursuant hereto shall survive the execution and delivery of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutesand the consummation of the transactions contemplated hereby. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Request for Qualifications

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1Donor understands that the public shall have access, Section 24at all reasonable times, Florida Constitution to all documents and information pertaining to the City, subject to the provisions of Chapter 119, Florida Statutes, and any specific exemptions there from, and Xxxxx agrees to release public records to members of allow access by the City and the public upon requestto all documents subject to disclosure under applicable law unless there is a specific exemption from such access. CONTRACTOR acknowledges that COUNTY is required Xxxxx’s failure or refusal to comply with Article 1, the provisions of this Section 24, Florida Constitution and Chapter 119, Florida Statutes, may result in the handling immediate termination of the materials created under this Agreement and this statute controls over by the terms City. Pursuant to the provisions of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, Donor must comply with regard to public records and shall perform the followingFlorida Public Records Laws, specifically Donor must: (1) CONTRACTOR shall keep . Keep and maintain public records that ordinarily and necessarily would be required by COUNTY the City in order to perform the services or provide the materials required under this Agreementservice/construction. (2) CONTRACTOR shall provide . Provide the public with access to public records on the same terms and conditions that COUNTY the City would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 119 or as otherwise provided by law. (3) CONTRACTOR shall ensure . Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall 4. Meet all requirements for retaining public records and transfer, at no cost to COUNTYthe City, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY the Donor upon completion termination of this Agreement, CONTRACTOR shall Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. 5. All records stored electronically must be provided to COUNTY, upon request of COUNTY, the City in a format that is compatible with the information technology systems of COUNTYthe City. (d) Failure to comply with 6. Xxxxx agrees that any of the obligations in this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTORsurvive the term, termination, and cancellation hereof. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR DONOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DONOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT AS A PUBLIC CONTRACT, CONTRACTOR MAY PLEASE CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, RECORDS AT TELEPHONE NUMBER 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXXEMAIL: XXXXXXXXXXXXX@XXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISIONMAILING ADDRESS: PUBLIC RECORDS C/O OFFICE OF THE CITY ATTORNEY, 0000 XXXX XXXXXX XXXXXX9TH FLOOR, XXXXXXXMIAMI RIVERSIDE CENTER, XX 00000444 S.W. 2ND AVENUE, MIAMI, FLORIDA 33130 OR THE CITY’S PARKS AND RECREATION DEPARTMENT CUSTODIAN OF RECORDS AT 8TH FLOOR, MIAMI RIVERSIDE CENTER, 000 X.X. 2ND AVENUE, MIAMI, FLORIDA 33130.

Appears in 1 contract

Samples: Access, Construction and Donation Agreement

Public Records Law. (a) CONTRACTOR CONSULTANT acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR CONSULTANT acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR CONSULTANT shall provide COUNTY with all requested public records in CONTRACTORCONSULTANT’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR CONSULTANT specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, Statutes with regard to public records and shall perform the following: (1) CONTRACTOR CONSULTANT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement. (2) CONTRACTOR CONSULTANT shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR CONSULTANT shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR CONSULTANT shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTORCONSULTANT, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR CONSULTANT transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR CONSULTANT keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall CONSULTANT must meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTORCONSULTANT. CONTRACTOR CONSULTANT may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. . (e) IF CONTRACTOR CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTORCONSULTANT’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR CONSULTANT MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX X. XXXXXX XXXXXX, XXXXXXX, XX 00000. Section 28. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida.

Appears in 1 contract

Samples: Consulting Agreement

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119Pursuant to section 119.071, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall OAG will keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order the AGENCY to perform the all services or provide the materials required under this Agreement. (2) CONTRACTOR shall . A request to inspect or copy public records relating to this Agreement must be made directly to the Agency. Upon the request of the Agency, the OAG must provide the public Agency with access to public a copy of the requested records on the same terms and conditions that COUNTY would provide or allow the records and to be inspected, at no cost to the Agency, or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall . The OAG must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed, disclosed except as authorized by law. (c) law for the duration of the Agreement term and following completion of the Agreement if the OAG does not transfer the records to the Agency. Failure of the OAG to comply with the Agency’s request for records constitutes grounds for unilateral cancellation of this Agreement by the Agency. Further, failure to provide the public records to the Agency within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Upon termination completion of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or the OAG will keep and maintain public records required by COUNTY under the Agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the Agency, at no cost, to the Agency all public records in possession of the OAG. If CONTRACTOR the OAG transfers all public records to COUNTY the Agency upon completion of this the Agreement, CONTRACTOR shall the OAG will destroy any all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR the OAG keeps and maintains the public records upon completion of this the Agreement, CONTRACTOR shall the OAG will meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to COUNTYthe Agency, upon request of COUNTYits Custodian of Public Records, at no cost to the Agency, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTORthe Agency. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR THE OAG HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s THE OAG’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTRACTOR MAY THEN THE OAG SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDS, RECORDS FOR THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AGENCY AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.XXXXXXX@XXXX.XXX,

Appears in 1 contract

Samples: Agreement for Legal Services

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119Pursuant to section 119.071, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall OAG will keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order the AGENCY to perform the all services or provide the materials required under this Agreement. (2) CONTRACTOR shall . A request to inspect or copy public records relating to this Agreement must be made directly to the Agency. Upon the request of the Agency, the OAG must provide the public Agency with access to public a copy of the requested records on the same terms and conditions that COUNTY would provide or allow the records and to be inspected, at no cost to the Agency, or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall . The OAG must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed, disclosed except as authorized by law. (c) law for the duration of the Agreement term and following completion of the Agreement if the OAG does not transfer the records to the Agency. Failure of the OAG to comply with the Agency’s request for records constitutes grounds for unilateral cancellation of this Agreement by the Agency. Further, failure to provide the public records to the Agency within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Upon termination completion of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or the OAG will keep and maintain public records required by COUNTY under the Agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the Agency, at no cost, to the Agency all public records in possession of the OAG. If CONTRACTOR the OAG transfers all public records to COUNTY the Agency upon completion of this the Agreement, CONTRACTOR shall the OAG will destroy any all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR the OAG keeps and maintains the public records upon completion of this the Agreement, CONTRACTOR shall the OAG will meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to COUNTYthe Agency, upon request of COUNTYits Custodian of Public Records, at no cost to the Agency, in a format that is compatible with the information technology systems of COUNTYthe Agency. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Agreement for Legal Services

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement., (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice also be to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX X. XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Term Contract for Hydrant and Valve Maintenance, Repair, and Flushing Services

Public Records Law. (a) CONTRACTOR AGENT acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR AGENT acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR AGENT shall provide COUNTY with all requested public records in CONTRACTORAGENT’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR AGENT specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR AGENT shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement., (2) CONTRACTOR AGENT shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR AGENT shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR AGENT shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTORAGENT, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR AGENT transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR AGENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR AGENT keeps and maintains the public records upon completion of this Agreement, CONTRACTOR AGENT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTORAGENT. CONTRACTOR AGENT may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR AGENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTORAGENT’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR AGENT MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXXXXXXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Term Contract for Closing Agent, Title Search and Title Insurance Services

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall The OAG will keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order the Agency to perform the all services or provide the materials required under this Agreement. (2) CONTRACTOR shall . A request to inspect or copy public records relating to this Agreement must be made directly to the Agency. If the Agency does not possess the requested records, the Agency will immediately notify the OAG of the request. Upon receiving such a notification and request from the Agency’s Custodian of Public Records, the OAG will provide the public Agency with access a copy of the requested records, at no cost to public records on the same terms and conditions that COUNTY would provide Agency, or allow the records and to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall . The OAG must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed, disclosed except as authorized by law. (c) law for the duration of the Agreement term and following completion of the Agreement if the OAG does not transfer the records to the Agency. Failure of the OAG to comply with the Agency’s request for records constitutes grounds for unilateral cancellation of this Agreement by the Agency. Further, failure to provide the public records to the Agency within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. Upon termination completion of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or the OAG will keep and maintain public records required by COUNTY under the Agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the Agency, at no cost, to the Agency all public records in possession of the OAG. If CONTRACTOR the OAG transfers all public records to COUNTY the Agency upon completion of this the Agreement, CONTRACTOR shall the OAG will destroy any all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR the OAG keeps and maintains the public records upon completion of this the Agreement, CONTRACTOR shall the OAG will meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to COUNTYthe Agency, upon request of COUNTYits Custodian of Public Records, at no cost to the Agency, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTORthe Agency. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR THE OAG HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s THE OAG’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTRACTOR MAY THEN THE OAG SHOULD CONTACT THE CUSTODIAN OF PUBLIC RECORDSRECORDS FOR THE AGENCY AT XXXXXXXXXXXXX@XXXXXXXXXX.XXX, THE SEMINOLE ESCAMBIA COUNTY PURCHASING AND CONTRACTS MANAGERSHERIFF’S OFFICE, AT 0000 X. XXXXXXX XX., PENSACOLA, FLORIDA 32501, (000-) 000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Agreement for Legal Services

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Public Records Law. (a) CONTRACTOR The Buyer acknowledges COUNTYthe Seller’s obligations under Article 1I, Section 24, of the Florida Constitution and under Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to request and comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement Agreement. The Buyer further acknowledges that the constitutional and this statute controls statutory provisions control over the terms of this Agreement. Upon COUNTY’s requestIn association with its performance pursuant to this Agreement, CONTRACTOR the Buyer shall provide COUNTY with not release or otherwise disclose the content of any documents or information that is specifically exempt from disclosure pursuant to all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutesapplicable laws. (b) CONTRACTOR specifically Without in any manner limiting the generality of the foregoing, to the extent applicable, the Buyer acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records records, and shall perform the following:shall; (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order the Seller to perform the services or provide the materials required under this Agreement.; (2) CONTRACTOR shall upon request from the Seller’s Custodian of Public Records or his/her designee, provide the public Seller with access to public a copy of the requested records on the same terms and conditions that COUNTY would provide or allow the records and to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.; (3) CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law.law for the duration of the term of this Agreement and following completion of this Agreement if the Buyer does not transfer the records to the Seller; and (c4) Upon termination upon completion of this Agreement, CONTRACTOR shall transfer, at no cost cost, to COUNTY, the Seller all public records in possession of CONTRACTOR, the Buyer or keep and maintain public records required by COUNTY under this Agreementthe Seller to perform the service. If CONTRACTOR the Buyer transfers all public records to COUNTY the Seller upon completion of this Agreement, CONTRACTOR the Buyer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR the Buyer keeps and maintains the public records upon completion of this Agreement, CONTRACTOR the Buyer shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTYthe Seller, upon request from the Seller’s Custodian of COUNTYPublic Records, in a format that is compatible with the information technology systems of COUNTYthe Seller. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (ec) IF CONTRACTOR THE BUYER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s THE BUYER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTRACTOR MAY CONTACT THE SELLER’S CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE RECORDS AT: RECORDS MANAGEMENT LIAISON OFFICER POLK COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 000 XXXX XXXXXX XXXXXXXX. BARTOW, XXXXXXX, XX 00000.FL 33830 TELEPHONE: [***] EMAIL: [***]

Appears in 1 contract

Samples: Piggyback Agreement (OPAL Fuels Inc.)

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement. (2) CONTRACTOR shall provide the public COUNTY with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX XXXXXX XXXXXX, XXXXXXX, XX 00000.THE

Appears in 1 contract

Samples: Demolition Agreement

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement., (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. . (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX X. XXXXXX XXXXXX, XXXXXXX, XX 00000.

Appears in 1 contract

Samples: Term Contract for Landscape Maintenance

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1A. The Parties specifically acknowledge that this Agreement is subject to the laws of the State of Florida, Section 24including without limitation, Florida Constitution and Chapter 119, Florida Statutes, to release which generally make public all records to members of or other writings made or received by the public upon requestParties. CONTRACTOR acknowledges that COUNTY If SUPPLIER is required to comply with Article 1, either a “contractor” as defined in Section 24, Florida Constitution and Chapter 119119.0701(1)(a), Florida Statutes, or an “agency” as defined in Section 119.011(2), Florida Statutes, SUPPLIER shall: i. Keep and maintain all public records required by CITY to perform the handling of the materials created under this Agreement and this statute controls over the terms of this AgreementServices herein; and ii. Upon COUNTY’s requestrequest from CITY’S custodian of public records, CONTRACTOR shall provide COUNTY CITY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or 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 costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement. (2) CONTRACTOR shall provide the public with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, F.S. or as otherwise provided by law.; and (3) CONTRACTOR shall ensure iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law.law for the duration of the Agreement Term and following completion of the Agreement if SUPPLIER does not transfer the records to CITY; and (c) iv. Upon termination completion of this the Agreement, CONTRACTOR shall transfer, at no cost cost, to COUNTY, CITY all public records in possession of CONTRACTOR, SUPPLIER or keep and maintain public records required by COUNTY under this AgreementCITY to perform the Services herein. If CONTRACTOR SUPPLIER transfers all public records to COUNTY CITY upon completion of this the Agreement, CONTRACTOR SUPPLIER shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR SUPPLIER keeps and maintains the public records upon completion of this the Agreement, CONTRACTOR SUPPLIER shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTYCITY, upon request from CITY’S custodian of COUNTYpublic records, in a format that is compatible with the information technology systems of COUNTYCITY. (d) 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 this Agreement to the contrary, failure to comply with this Section will be deemed a material breach the requirements of this Agreement for which COUNTY paragraph shall result in the immediate termination of the Agreement, without penalty to CITY. A contractor who fails to provide the public records to CITY within a reasonable time may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in pursuant to Section 119.10, Florida Statutes. Further, SUPPLIER 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. (e) C. IF CONTRACTOR THE SUPPLIER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s THE SUPPLIER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTRACTOR MAY CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGERATTN: XXXXXXXX XXXXX, CITY CLERK, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXXxxxxxx@xxxxxxxxxxxx.xxx, PURCHASING AND CONTRACTS DIVISION, 0000 000 XXXX XXXXXX XXXXXX, XXXXXXXXXXX XXXXX, XX XXXXXXX 00000.

Appears in 1 contract

Samples: Master Services Agreement

Public Records Law. (a) CONTRACTOR acknowledges COUNTY’s obligations under Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, Florida Constitution and Chapter 119, Florida Statutes, in the handling of the materials created under this Agreement and this statute controls over the terms of this Agreement. Upon COUNTY’s request, CONTRACTOR shall provide COUNTY with all requested public records in CONTRACTOR’s possession, or shall allow COUNTY to inspect or copy the requested records within a reasonable time and at a cost that does not exceed costs as provided under Chapter 119, Florida Statutes. (b) CONTRACTOR specifically acknowledges its obligations to comply with Section 119.0701, Florida Statutes, with regard to public records and shall perform the following: (1) CONTRACTOR shall keep and maintain public records that ordinarily and necessarily would be required by COUNTY in order to perform the services or provide the materials required under this Agreement., (2) CONTRACTOR shall provide the public COUNTY with access to public records on the same terms and conditions that COUNTY would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) CONTRACTOR shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law. (c) Upon termination of this Agreement, CONTRACTOR shall transfer, at no cost to COUNTY, all public records in possession of CONTRACTOR, or keep and maintain public records required by COUNTY under this Agreement. If CONTRACTOR transfers all public records to COUNTY upon completion of this Agreement, CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CONTRACTOR keeps and maintains the public records upon completion of this Agreement, CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to COUNTY, upon request of COUNTY, in a format that is compatible with the information technology systems of COUNTY. (d) Failure to comply with this Section will be deemed a material breach of this Agreement for which COUNTY may terminate this Agreement immediately upon written notice to CONTRACTOR. CONTRACTOR may also be subject to statutory penalties as set forth in Section 119.10, Florida Statutes. . (e) IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR’s DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS, THE SEMINOLE COUNTY PURCHASING AND CONTRACTS MANAGER, AT 000-000-0000, XXXXX@XXXXXXXXXXXXXXXX.XXX, PURCHASING AND CONTRACTS DIVISION, 0000 XXXX X. XXXXXX XXXXXX, XXXXXXX, XX 00000. Section 26. Governing Law, Jurisdiction, and Venue. The laws of the State of Florida govern the validity, enforcement, and interpretation of this Agreement. The sole jurisdiction and venue for any legal action in connection with this Agreement will be in the courts of Seminole County, Florida.

Appears in 1 contract

Samples: Term Contract for Testing and Treatment of Water Associated Hvac Systems

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