Common use of Public Records Clause in Contracts

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s 's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. Access to Public Records To the extent required by the Florida Public Records Act, Chapter 119, F.S., the Contractor shall maintain and allow access to public records made or received in conjunction with the Contract. (a) The Department may unilaterally cancel this the Contract for refusal by the Contractor to comply with this section by not allowing allow access to all public records, as defined in Chapter 119including documents, Florida Statutespapers, letters, or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) of Art. Pursuant to I of the State Constitution and section 119.0701(2) (a119.07(1), F.S.Florida Statutes. (b) If, for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S.under this Contract, the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for Contractor is providing services with a contractor and is acting on behalf of a public agency as defined in provided by section 119.011(2119.0701(1)(b), F.S.Florida Statutes, the Contractor shall: (a1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (b2) Upon request from Provide the public agency’s custodian of with access to public records, provide records on the same terms and conditions that the public agency with a copy of the requested records or allow would provide the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, F.S.Florida Statutes, or as otherwise provided by law. (c3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agencylaw. (d4) Upon completion of the Contract, Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion termination of the contract, the contractor shall Contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, agency in a format that is compatible with the information technology systems of the public agency. Protection of Trade Secrets or Other Confidential Information (a) If the Contractor considers any portion of materials made or received in the course of performing the Contract (“contract-related materials”) to be trade secret under section 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. (b) If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” (c) If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, within timeframes established by statute and court rule, to protect the materials designated as “confidential” from disclosure. (d) The Contractor shall protect, defend, and indemnify the Department for claims, costs, fines, and attorney’s fees arising from or relating to its designation of contract-related materials as “confidential.”

Public Records. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CONTRACT MANAGER. (1) The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all public recordsdocuments, as defined in Chapter 119papers, Florida Statutes, letters or other material made or received by the Contractor in conjunction with the Contract. Pursuant to , unless the records are exempt from section 119.0701(224(a) (aof Article I of the State Constitution and section 119.07(1), F.S. (2) If, for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S.under this Contract, the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for Contractor is providing services with a contractor and is acting on behalf of a public agency as defined in provided by section 119.011(2)119.0701, F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency in order to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, agency in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public agency, as defined in section 119.011(2), F.S., records laws of the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf State of a public agency as defined in section 119.011(2), F.S., the Contractor shall:Florida. (a) 1. Keep and maintain public records required by the public agency to perform the service. (b) 2. Upon request from the public agency’s 's custodian of public records, the Seller shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 3. The Seller shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency. (d) Upon 4. The Seller shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor Seller or keep and maintain public records required by the public agency to perform the service. If the contractor Seller transfers all public records to the public agency upon completion of the contract, the contractor Seller shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Seller keeps and maintains public records upon completion of the contract, the contractor Seller shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing Provider shall allow public access to all documents, papers, letters, or other public records, records as defined in Chapter 119subsection 119.011(12), Florida StatutesF.S. as prescribed by subsection 119.07(1) F.S., made or received by the Contractor Provider in conjunction with the Contractthis Contract except that public records which are made confidential by law must be protected from disclosure. Pursuant to As required by section 119.0701(2) (a287.058(1)(c), F.S., it is expressly understood that the Provider’s failure to comply with this provision shall constitute an immediate breach of contract for contracts for services with a contractor which the Department may unilaterally terminate this Contract. As required by section 119.0701, F.S., to the extent that the Provider is acting on behalf of a public agency, as defined in the Department within the meaning of section 119.011(2), F.S., the following appliesProvider shall: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency Department in order to perform the service. (b) . Upon request from the public agencyDepartment’s custodian of public records, provide to the public agency with Department a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) . Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor Provider does not transfer the records to the public agency. (d) Department. Upon completion of the Contractcontract, transfer, at no cost, to the public agency Department all public records in possession of the Contractor Provider or keep and maintain public records required by the public agency Department to perform the service. If the contractor Provider transfers all public records to the public agency Department upon completion of the contract, the contractor Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Provider keeps and maintains public records upon completion of the contract, the contractor Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is compatible with the information technology systems of the public agencyDepartment. Financial Penalties for Failure to Take Corrective Action In accordance with the provisions of section 402.73(1), F.S., and Rule 65-29.001, F.A.C., should the Department require a corrective action to address noncompliance under this Contract, incremental penalties listed in section 6.1.2 through section 6.1.3 shall be imposed for Provider failure to achieve the corrective action. These penalties are cumulative and may be assessed upon each separate failure to comply with instructions from the Department to complete corrective action, but shall not exceed ten (10%) of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. These penalties do not limit or restrict the Department’s application of any other remedy available to it under law or this Contract. The increments of penalty imposition that shall apply, unless the Department determines that extenuating circumstances exist, shall be based upon the severity of the noncompliance, nonperformance, or unacceptable performance that generated the need for corrective action plan, in accordance with the following standards. Noncompliance that is determined by the Department to have a direct effect on client health and safety shall result in the imposition of a ten percent (10%) penalty of the total contract payments during the period in which the corrective action plan has not been implemented or in which acceptable progress toward implementation has not been made. Noncompliance involving the provision of service not having a direct effect on client health and safety shall result in the imposition of a five percent (5%) penalty. Noncompliance as a result of unacceptable performance of administrative tasks shall result in the imposition of a two percent (2%) penalty. The deadline for payment shall be as stated in the Order imposing the financial penalties. In the event of nonpayment the Department may deduct the amount of the penalty from invoices submitted by the Provider.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all public recordsdocuments, as defined in Chapter 119papers, Florida Statutes, letters or other material made or received by the Contractor in conjunction with the Contract. Pursuant to Contract at any reasonable time and under reasonable conditions unless, the records are exempt from section 119.0701(224(a) (aof Article I of the State Constitution and section 119.07(1), F.S.F.S. Solely for the purposes of this section, for contracts for the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services with a contractor and is acting on behalf of a public agency, as defined in provided by section 119.011(2)119.0701, F.S., the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service.; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, F.S.Florida Statutes, or as otherwise provided by law.; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency.; (d) Upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public agency, as defined in section 119.011(2), F.S., records laws of the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf State of a public agency as defined in section 119.011(2), F.S., the Florida. Contractor shall: (a) 1. Keep and maintain public records required by the public agency to perform the service. (b) 2. Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 3. The Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency. (d) Upon 4. The Contractor shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public agency, as defined in section 119.011(2), F.S., records laws of the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf State of a public agency as defined in section 119.011(2), F.S., the Contractor shall:Florida. (a) 1. Keep and maintain public records required by the public agency to perform the service. (b) 2. Upon request from the public agency’s 's custodian of public records, the Seller shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 3. The Seller shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency. (d) Upon 4. The Seller shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor Seller or keep and maintain public records required by the public agency to perform the service. If the contractor Seller transfers all public records to the public agency upon completion of the contract, the contractor Seller shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Seller keeps and maintains public records upon completion of the contract, the contractor Seller shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a public agency; this Agreement is subject to the provisions of §119.0701, as defined in section 119.011(2)Florida Statutes, F.S., and; that Contractor must comply with the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf public records laws of a public agency as defined in section 119.011(2), F.S., the State of Florida. Contractor shall: (a1) Keep and maintain public records required by the public agency to perform the service. (b2) Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost costs provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c3) Ensure The Contractor shall ensure that public records that are exempt or confidential and and, therefore exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agencycontract. (d4) Upon The Contractor shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and and, therefore, exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. (5) A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the custodian of public records for the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Contractor of the request. The Contractor must provide the records to the public agency or allow the records to be inspected, copied or photographed within a reasonable time and in compliance with the requirements of §119.07, Florida Statutes. (6) If Contractor does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Contractor who fails to provide public records to the public agency within a reasonable time may be subject to penalties under §119.10, Florida Statutes. (8) If a civil action is filed against a Contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time, and; b. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the public agency and to the Contractor. c. The notice requirement is satisfied if written notice is sent to the public agency's custodian of public records and to the Contractor at the Contractor's address listed in this contract with the public agency or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (9) A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (10) If The Contractor Has Questions Regarding The Application Of Chapter 119, Florida Statutes, To The Contractor's Duty To Provide Public Records Relating To This Contract, Contact The Custodian Of Public Records At: City of Madeira Beach Attn: City Clerk Xxxxxxx Xxxxx, XX 00000 727-391-9951, Ext. 231 Xxxxxx Xxxxxx, Deputy Clerk 000 Xxxxxxxxx Xxxxx Xxxxxxx Xxxxx, XX 00000 727-391-9951, Ext. 223

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor 7.3.1 - CONSULTANT acknowledges that it is acting on behalf of a public agency; this Agreement is subject to the provisions of §119.0701, as defined Florida Statutes, and that CONSULTANT must comply with the public records laws of the State of Florida. CONSULTANT acknowledges that some or all the documents generated or kept by CONSULTANT, or any sub-consultant may be deemed to be public records under Florida law, and CONSULTANT fully accepts any responsibility required by law in section 119.011(2), F.S., producing or making available said documents. 7.3.2 - CONSULTANT shall comply with the following applies: Pursuant with regard to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., records and agrees to the Contractor shallfollowing: (a) Keep 7.3.2.1 - The CONSULTANT shall keep and maintain and not delete any and all public records required by the public agency and CONSULTANT necessary to perform the service. (b) 7.3.2.2 - Upon request from the public agency’s 's custodian of public records, the CONSULTANT shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost costs provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 7.3.2.3 - The CONSULTANT shall ensure that public records that are exempt or confidential and and, therefore exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agencycontract. (d) Upon 7.3.2.4 - The CONSULTANT shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor CONSULTANT or keep and maintain public records required by the public agency to perform the service. If the contractor CONSULTANT transfers all public records to the public agency upon completion of the contract, the contractor CONSULTANT shall destroy any duplicate public records that are exempt or confidential and and, therefore, exempt from public records disclosure requirements. If the contractor CONSULTANT keeps and maintains public records upon completion of the contract, the contractor CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 7.3.2.5 - A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the custodian of public records for the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the CONSULTANT of the request. The CONSULTANT must provide the records to the public agency or allow the records to be inspected, copied or photographed within a reasonable time and in compliance with the requirements of §119.07, Florida Statutes. 7.3.2.6 - If CONSULTANT does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 7.3.2.7 - A CONSULTANT who fails to provide public records to the public agency within a reasonable time may be subject to penalties under §119.10, Florida Statutes. 7.3.2.8 - If a civil action is filed against a CONSULTANT to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the CONSULTANT the reasonable costs of enforcement, including reasonable attorney fees, if: The court determines that the CONSULTANT unlawfully refused to comply with the public records request within a reasonable time, and; at least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the CONSULTANT has not complied with the request, to the public agency and to the CONSULTANT. 7.3.2.9 - The notice requirement is satisfied if written notice is sent to the public agency's custodian of public records and to the CONSULTANT at the CONSULTANT's address listed in this contract with the public agency or to the CONSULTANT's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 7.3.2.10 - A CONSULTANT who fully, completely, and timely complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 7.3.2.11 - If the CONSULTANT Has Questions Regarding the Application Of Chapter 119, Florida Statutes, To The CONSULTANT's Duty To Provide Public Records Relating To This Contract, Contact The Custodian Of Public Records At:

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public agency, as defined in section 119.011(2), F.S., records laws of the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf State of a public agency as defined in section 119.011(2), F.S., the Contractor shall:Florida. (a) 1. Keep and maintain public records required by the public agency to perform the service. (b) 2. Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 3. The Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency. (d) Upon 4. The Contractor shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Contractor of the request, and the Contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time.

Public Records. The Department Customer may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public agency, as defined in section 119.011(2), F.S., records laws of the following appliesState of Florida. Seller shall: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) . Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure . The Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract contract if the contractor does not transfer the records to the public agency. (d) Upon . The Contractor shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter IF THE GRANTEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE GRANTEE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850/410-5700 XXXXxxxxxxxx@xxx.xxxxx.xx.xx 000 Xxxxxxxx Xxxxxx, XX 00 Tallahassee, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep 32399 The Grantee shall keep and maintain public records required by the public agency Commission to perform the service. (b) service of this agreement. Upon request from the public agencyCommission’s custodian of public records, provide the public agency Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S.Florida Statutes, or as otherwise provided by law. (c) . Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract agreement term and following the completion of the Contract agreement if the contractor Grantee does not transfer the records to the public agency. (d) Commission. Upon completion of the Contractagreement, transfer, at no cost, to the public agency Commission all public records in possession of the Contractor Grantee or keep and maintain public records required by the public agency Commission to perform the service. If the contractor Grantee transfers all public records to the public agency Commission upon completion of the contract, the contractor Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Grantee keeps and maintains public records upon completion of the contract, the contractor Grantee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCommission, upon request from the public agencyCommission’s custodian of public records, in a format that is compatible with the information technology systems of the public agencyCommission. Failure by the Grantee to comply with Chapter 119, Florida Statutes, shall be grounds for immediate unilateral cancellation of this Agreement by the Commission.

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acknowledges that it is acting on behalf of a public agency; this Agreement is subject to the provisions of §119.0701, as defined in section 119.011(2)Florida Statutes, F.S., and; that Contractor must comply with the following applies: Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf public records laws of a public agency as defined in section 119.011(2), F.S., the State of Florida. Contractor shall: (a) 1. Keep and maintain public records required by the public agency to perform the service. (b) 2. Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost costs provided in Chapter 119, F.S., this chapter or as otherwise provided by law. (c) Ensure 3. The Contractor shall ensure that public records that are exempt or confidential and and, therefore exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the completion of the Contract if the contractor does not transfer the records to the public agencycontract. (d) Upon 4. The Contractor shall, upon completion of the Contractcontract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and and, therefore, exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 5. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the custodian of public records for the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Contractor of the request. The Contractor must provide the records to the public agency or allow the records to be inspected, copied or photographed within a reasonable time and in compliance with the requirements of §119.07, Florida Statutes. 6. If Contractor does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 7. A Contractor who fails to provide public records to the public agency within a reasonable time may be subject to penalties under §119.10, Florida Statutes. 8. If a civil action is filed against a Contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: a. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time, and; b. At least eight (8) business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the public agency and to the Contractor. c. The notice requirement is satisfied if written notice is sent to the public agency's custodian of public records and to the Contractor at the Contractor's address listed in this contract with the public agency or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. 9. A Contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 10. If the contractor has questions regarding the application of chapter 119, florida statutes, to the contractor's duty to provide public records relating to this contract, contact the custodian of public records at: