Common use of Public Records Requirements Clause in Contracts

Public Records Requirements. Notwithstanding any provision in this agreement to the contrary, the following public records requirements shall apply: The CONTRACTOR, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, made or received by the CONTRACTOR in conjunction with this Contract. Specifically, the CONTRACTOR must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services being performed by the CONTRACTOR. (2) Provide the public with access to public records on the same terms and conditions that the CITY 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) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer at no cost to the CITY for all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. The City’s point of contact for all Public Records requests is Xxxx Xxxx, City Clerk, xxxxx@xxxxxxxxxxxxxxxx.xxx. The CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY a copy of the CONTRACTOR’s response to each such request. Failure to grant such public access will be grounds for immediate termination of this Contract by the CITY. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONTRACTOR CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAW.

Appears in 4 contracts

Samples: Professional Services, Professional Services, Professional Services

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Public Records Requirements. Notwithstanding any provision in this agreement to the contrary, the following public records requirements shall apply: The CONTRACTOR, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the othe provisions of Chapter 119, Florida Statutes, made or received by the CONTRACTOR in conjunction with this Contract. Specifically, the CONTRACTOR must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the CITY in order to perform the services being performed by the CONTRACTOR. (2) Provide the public with access to public records on the same terms and conditions that the CITY 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) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer at no cost to the CITY for all public records in possession of the CONTRACTOR upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. The City’s point of contact for all Public Records requests is Xxxx Xxxx, City Clerk, xxxxx@xxxxxxxxxxxxxxxx.xxx. The CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY a copy of the CONTRACTOR’s response to each such request. Failure to grant such public access will be grounds for immediate termination of this Contract by the CITY. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONTRACTOR CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAW.

Appears in 3 contracts

Samples: Professional Services, Professional Services, Professional Services

Public Records Requirements. Notwithstanding any provision in this agreement Pursuant to the contrary, the following public records requirements shall apply: The CONTRACTOR, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119section 119.0701, Florida Statutes, made or received for any tasks performed by the CONTRACTOR in conjunction with this Contract. SpecificallyContractor on behalf of PSTA, the CONTRACTOR must: Contractor shall: (1a) Keep keep and maintain all public records records, as that ordinarily and necessarily would be term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY in order PSTA to perform the services being performed work contemplated by this Agreement; (b) upon request from PSTA’s custodian of public records, provide PSTA with a copy of the CONTRACTOR. (2) Provide requested Public Records or allow the public with access Public Records to public records on the same terms and conditions that the CITY would provide the records and be inspected or copied within a reasonable time at a cost that does not exceed the cost costs provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law. ; (3c) Ensure ensure that public records Public Records that are exempt or confidential and exempt from public records Public Records disclosure requirements are not disclosed except as authorized by law. law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to PSTA in accordance with (4d) Meet below; and (d) upon completion or termination of this Agreement, (i) if PSTA, in its sole and absolute discretion, requests that all requirements for retaining public records and transfer at no cost to the CITY for all public records Public Records in possession of Contractor be transferred to PSTA, Contractor shall transfer, at no cost, to PSTA, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by PSTA, Contractor shall keep and maintain the CONTRACTOR upon termination of Public Records required by PSTA to perform the contract and work contemplated by this Agreement. If Contractor transfers all Public Records to PSTA pursuant to (d)(i) above, Contractor shall destroy any duplicate public records Public Records that are exempt or confidential and exempt from public Public Records disclosure requirements within thirty (30) days of transferring the Public Records to PSTA and provide PSTA with written confirmation that such records disclosure requirementshave been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All records Public Records stored electronically must be provided to the CITY PSTA, upon request from PSTA’s custodian of public records, in a format that is compatible with the information technology systems of the CITYPSTA. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, PSTA may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The City’s point of contact for all Public Records requests is Xxxx Xxxx, City Clerk, xxxxx@xxxxxxxxxxxxxxxx.xxx. The CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY a copy of the CONTRACTOR’s response to each such request. Failure to grant such public access will be grounds for immediate termination provisions of this Contract by the CITY. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONTRACTOR CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAWsection only apply to those tasks in which Contractor is acting on behalf of PSTA.

Appears in 2 contracts

Samples: Group Insurance Agreement, Transit Bus Filters Agreement

Public Records Requirements. Notwithstanding any provision in this agreement Pursuant to the contrary, the following public records requirements shall apply: The CONTRACTOR, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119section 119.0701, Florida Statutes, made or received for any tasks performed by the CONTRACTOR in conjunction with this Contract. SpecificallyContractor on behalf of PSTA, the CONTRACTOR must: Contractor shall: (1a) Keep keep and maintain all public records records, as that ordinarily and necessarily would be term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY in order PSTA to perform the services being performed work contemplated by this Agreement; (b) upon request from PSTA’s custodian of public records, provide PSTA with a copy of the CONTRACTOR. (2) Provide requested Public Records or allow the public with access Public Records to public records on the same terms and conditions that the CITY would provide the records and be inspected or copied within a reasonable time at a cost that does not exceed the cost costs provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law. ; (3c) Ensure ensure that public records Public Records that are exempt or confidential and exempt from public records Public Records disclosure requirements are not disclosed except as authorized by law. law for the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records to PSTA in accordance with (4d) Meet below; and (d) upon completion or termination of this Agreement, (i) if PSTA, in its sole and absolute discretion, requests that all requirements for retaining public records and transfer at no cost to the CITY for all public records Public Records in possession of Contractor be transferred to PSTA, Contractor shall transfer, at no cost, to PSTA, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by PSTA, Contractor shall keep and maintain the CONTRACTOR upon termination of Public Records required by PSTA to perform the contract and work contemplated by this Agreement. If Contractor transfers all Public Records to PSTA pursuant to (d)(i) above, Contractor shall destroy any duplicate public records Public Records that are exempt or confidential and exempt from public Public Records disclosure requirements within thirty (30) days of transferring the Public Records to PSTA and provide PSTA with written confirmation that such records disclosure requirementshave been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All records Public Records stored electronically must be provided to the CITY PSTA, upon request from PSTA’s custodian of public records, in a format that is compatible with the information technology systems of the CITYPSTA. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, PSTA may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The City’s point of contact for all Public Records requests is Xxxx Xxxx, City Clerk, xxxxx@xxxxxxxxxxxxxxxx.xxx. The CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession of the CONTRACTOR and shall promptly provide the CITY a copy of the CONTRACTOR’s response to each such request. Failure to grant such public access will be grounds for immediate termination provisions of this Contract by the CITYsection only apply to those tasks in which Contractor is acting on behalf of PSTA. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONTRACTOR CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAW.Telephone number: E‐mail address:

Appears in 1 contract

Samples: Mobility Enhancement Agreement

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Public Records Requirements. Notwithstanding any provision in this agreement Pursuant to the contrary, the following public records requirements shall apply: The CONTRACTOR, or provider of services hereunder, shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119section 119.0701, Florida Statutes, made or received for any tasks performed by Contractor on behalf of the CONTRACTOR in conjunction with this Contract. SpecificallyPSTA, the CONTRACTOR must: Contractor shall: (1a) Keep keep and maintain all public records records, as that ordinarily and necessarily would be term is defined in chapter 119, Florida Statutes (“Public Records”), required by the CITY in order PSTA to perform the services being performed work contemplated by this Agreement; (b) upon request from the CONTRACTOR. (2) Provide the PSTA’s custodian of public with access to public records on the same terms and conditions that the CITY would records, provide the records and PSTA with a copy of the requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost costs provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law. ; (3c) Ensure ensure that public records Public Records that are exempt or confidential and exempt from public records Public Records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements law for retaining public the duration of the term of this Agreement and following completion or termination of this Agreement, if Contractor does not transfer the records and transfer at no cost to the CITY for PSTA in accordance with (d) below; and (d) upon completion or termination of this Agreement, (i) if the PSTA, in its sole and absolute discretion, requests that all public records Public Records in possession of Contractor be transferred to the CONTRACTOR upon termination PSTA, Contractor shall transfer, at no cost, to the PSTA, all Public Records in possession of Contractor within thirty (30) days of such request or (ii) if no such request is made by the contract PSTA, Contractor shall keep and maintain the Public Records required by the PSTA to perform the work contemplated by this Agreement. If Contractor transfers all Public Records to the PSTA pursuant to (d)(i) above, Contractor shall destroy any duplicate public records Public Records that are exempt or confidential and exempt from public Public Records disclosure requirements within thirty (30) days of transferring the Public Records to the PSTA and provide the PSTA with written confirmation that such records disclosure requirementshave been destroyed within thirty (30) days of transferring the Public Records. If Contractor keeps and maintains Public Records pursuant to (d)(ii) above, Contractor shall meet all applicable requirements for retaining Public Records. All records Public Records stored electronically must be provided to the CITY PSTA, upon request from the PSTA’s custodian of public records, in a format that is compatible with the information technology systems of the CITYPSTA. If Contractor does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, the PSTA may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The City’s point provisions of contact for all Public Records requests this section only apply to those tasks in which Contractor is Xxxx Xxxx, City Clerk, xxxxx@xxxxxxxxxxxxxxxx.xxx. The CONTRACTOR shall promptly provide the CITY with a copy of any request to inspect or copy public records in possession acting on behalf of the CONTRACTOR and shall promptly provide the CITY a copy of the CONTRACTOR’s response to each such requestPSTA. Failure to grant such public access will be grounds for immediate termination of this Contract by the CITY. THIS ARTICLE WILL BE DEEMED TO APPLY TO ALL SERVICE CONTRACTS UNLESS THE CONTRACTOR CAN DEMONSTRATE BY CLEAR AND CONVINCING EVIDENCE THAT IT IS NOT ACTING ON BEHALF OF THE CITY UNDER FLORIDA LAW.Telephone number: E-mail address: Mailing address:

Appears in 1 contract

Samples: Design Build Agreement

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