Common use of Public Records Clause in Contracts

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions. a. Keep and maintain public records required by the County to perform the services performed under this Agreement. b. Upon request from the County, provide the County with a copy of the requested records, or allow the records to be inspected or copied, within a reasonable time at a cost that does not exceed the amount set by the County. 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 this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.

Appears in 39 contracts

Samples: Sports Incentive Fund Agreement, Sports Incentive Fund Agreement, Sports Incentive Fund Agreement

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Public Records. If Section 119.0701, To the extent the Firm is acting on behalf of Town as provided under Subsection 119.011(2) of the Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Firm shall: a. Keep and maintain public records required by the County Town to perform the services performed under this Agreement. b. Upon request from the CountyTown’s custodian of public records, provide the County Town with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set costs provided in Chapter 119 of the Florida Statutes or otherwise provided by the Countylaw. c. 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 this Agreement’s term Agreement and following completion of this Agreement, Agreement if the Recipient Firm does not transfer the records to the CountyTown. d. Upon completion expiration or termination of this Agreement, transfer, at no cost to the CountyTown, all public records in possession of the Recipient to the County, Firm or keep and maintain such public records required by the Recipient Town to perform the services, in accordance with Florida law. e. service. If the Recipient Firm transfers all public records to the County Town upon completion of the this Agreement, the Recipient Firm shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Firm keeps and maintains public records upon completion of this Agreement, the Recipient Firm shall meet all applicable requirements of Florida law for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyTown, upon request from the CountyTown’s custodian of public records, in a format that is compatible with the information technology systems of Town. e. If the CountyFirm fails to provide the public records to Town within a reasonable time the Firm may be subject to penalties under Section 119.10 of the Florida Statutes. Further, Town may exercise any remedies at law or in equity, including the right to (i) impose sanctions and assess financial consequences, (ii) withhold and/or reduce payment, and (iii) terminate this Agreement in accordance with the terms hereof. f. The Firm shall defend, at its own cost, indemnify, and hold harmless Town and its officers, directors, and employees from and against all claims, damages, losses, and expenses, (including but not limited to fees and charges of attorneys or other professionals and court and arbitration or other dispute-resolution costs) arising out of or resulting from the Firm’s failure to comply with this Section. IF RECIPIENT THE FIRM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTFIRM’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE FIRM IS TO CONTACT THE TOWN’S CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxRECORDS, Office of Professional StandardsTOWN CLERK XXXX XXXXX, 000 X Xxxxx XxxxxxX. XXXX XXXXXX, 0xx XxxxxXXXXX-IN-THE-HILLS, Xxxxxxx XX 00000FLORIDA, 34737; xxxxxx@xxxxx.xxx ; 352-324- 2290, ext. Phone (000) 000-00005.

Appears in 13 contracts

Samples: Continuing Contract for Professional Services, Continuing Contract for Professional Services, Continuing Contract for Professional Services

Public Records. If Section 119.0701A. In addition to other requirements provided herein, Contractor shall comply with public records laws embodied in Chapter 119, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.and specifically shall: a. A.1. Keep and maintain public records required by the County in order to perform the services performed under this AgreementScope of Services identified herein. b. A.2. Upon request from the County, County provide the County with a copy of the any requested records, public records or allow the requested records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the County. c. A.3. 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 this Agreement’s the Agreement term and following completion of this Agreement, thereafter if the Recipient Contractor does not transfer the all records to the County. d. Upon completion or termination of this Agreement, transferA.4. Transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, or keep Contractor upon termination of this Agreement and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119If the Contractor keeps and maintains public records upon the conclusion of this Agreement, FLORIDA STATUTESthe Contractor shall meet all applicable requirements for retaining public records that would apply to the County. B. If Contractor does not comply with a public records request, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTthe County shall treat that omission as a breach of this Agreement and enforce the Contract provisions accordingly. Additionally, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxif the Contractor fails to provide records when requested, Office the Contractor may be subject to penalties under Section 119.10, Florida Statutes, and reasonable costs of Professional Standardsenforcement, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000including attorney fees. Phone (000) 000-0000XXXXxxxxxxxx@xxxxxx.xxx; xxxx://xxx.xxxxxx.xxx/publicrecords.

Appears in 7 contracts

Samples: Master Construction Agreement, Master Construction Agreement, Master Construction Agreement

Public Records. If 1. Pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Subrecipient shall: a. Keep and maintain public records required by the County to perform the services performed under this Agreementservice. b. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the County. c. 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 this Agreement’s term and following completion of this Agreement, Agreement if the Recipient Subrecipient does not transfer the records to the County. d. Upon completion completion, or termination termination, of this Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Subrecipient or keep and maintain such public records required by the Recipient Subrecipient to perform the services, service in accordance with Florida law. e. If the Recipient Subrecipient transfers all public records to the County upon completion of the Agreement, the Recipient Subrecipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Subrecipient keeps and maintains public records upon completion of this Agreement, the Recipient Subrecipient shall meet all applicable requirements for retaining public records, records in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTSUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE SUBRECIPIENT SHALL CONTACT THE PROCUREMENT PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxLIAISON AT 000 XXXX XXXXX XXXXXX, Office of Professional Standards0XX XXXXX, 000 X Xxxxx XxxxxxXXXXXXX, 0xx XxxxxXXXXXXX 00000, Xxxxxxx XX 00000. Phone XXXXXXXXXXXXXXXXXX@XXXX.XXX, (000) 000-0000.

Appears in 6 contracts

Samples: Federal Subrecipient Agreement, Federal Subrecipient Agreement, Term Contract for Implementation and Training in Infant and Early Childhood Mental Health Consultation

Public Records. If Section In accordance with §119.0701, Florida Statutes, is deemed to govern this AgreementContractor, then Recipient shall comply with when acting on behalf of the following provisions.County, shall, as required by Florida law: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. 3. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Contractor does not transfer the records to the County. d. 4. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Contractor transfers all public records to the County upon completion of the Agreement, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Contractor keeps and maintains public records upon completion of this the Agreement, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If Contractor fails to comply with this section, Contractor will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes. Contractor who fails to provide the public records in response to a request within a reasonable time may be subject to penalties imposed under §119.10, Florida Statute, and costs of enforcement, including fees, under §119.0701 and §119.12, Florida Statutes. Contractor will take reasonable measures to protect, secure and maintain any data held by Contractor in an electronic form that is or contains exempt, confidential, personal information or protected information, as defined by Florida or federal law, related to or in connection with performance of the Services. If Contractor suspects or becomes aware of a security breach or unauthorized access to such data by a third party, Contractor shall immediately notify the County in writing and will work, at Contractor’s expense, to prevent or stop the data breach.

Appears in 4 contracts

Samples: Annual County Jail Inmate Phone System and Services Agreement, Annual Back Up and Emergency Hauling Agreement, Continuing Services Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the CONSULTANT: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) F.S., the CONSULTANT shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The CONSULTANT is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County COUNTY to perform the services performed as provided under this AgreementContract. b. B. Upon request from the CountyCOUNTY’S Custodian of Public Records, provide the County COUNTY with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The CONSULTANT further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the contract term and following completion of this Agreementthe Contract, if the Recipient CONSULTANT does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this Agreement, the Contract the CONSULTANT shall transfer, at no cost to the CountyCOUNTY, all public records in possession of the Recipient CONSULTANT unless notified by COUNTY’S representative/liaison, on behalf of the COUNTY’S Custodian of Public Records, to the County, or keep and maintain such public records required by the Recipient COUNTY to perform the services, in accordance with Florida law. e. service. If the Recipient CONSULTANT transfers all public records to the County COUNTY upon completion of the AgreementContract, the Recipient CONSULTANT shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient CONSULTANT keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient CONSULTANT shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the CONSULTANT must be provided to the CountyCOUNTY, upon request from of the CountyCOUNTY’S Custodian of Public Records, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY. Failure of the CountyCONSULTANT to comply with the requirements of this article shall be a material breach of this Contract. COUNTY shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. CONSULTANT acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (000) 000, BY E-0000.MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT

Appears in 3 contracts

Samples: Consulting/Professional Services Agreement, Consulting/Professional Services Agreement, Consulting/Professional Services Agreement

Public Records. If Section In accordance with §119.0701, Florida Statutes, is deemed to govern this AgreementArtist, then Recipient shall comply with if and when acting on behalf of the following provisions.County, shall, as required by Florida law: a. A. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. C. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Contractor does not transfer the records to the County. d. D. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Contractor transfers all public records to the County upon completion of the Agreement, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Contractor keeps and maintains public records upon completion of this the Agreement, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If Contractor fails to comply with this section, Contractor will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes. Contractor who fails to provide the public records in response to a request within a reasonable time may be subject to penalties imposed under §119.10, Florida Statute, and costs of enforcement, including fees, under §119.0701 and §119.12, Florida Statutes. During the term of this Agreement, Contractor may claim that some of Contractor’s work, collection, or records (hereafter collectively referred to as “Confidential Information”), is, or has been treated as confidential and proprietary by Contractor in accordance with §812.081, Florida Statutes, or other law, and is exempt from disclosure under the Florida’s public record laws. Contractor shall notify the County. County will promptly notify Contractor in writing if the County receives a request for disclosure of Contractor’s Confidential Information. Contractor may assert any exemption from disclosure available under applicable law or seek a protective order against disclosure from a court of competent jurisdiction. Contractor shall protect, defend, indemnify, and hold harmless Alachua County and its commissioners, officers and employees from and against any claims, actions and judgments arising out of a request for disclosure of Confidential Information or relating to violation or infringement of trademark, copyright patent, trade secret or intellectual property right; however, the foregoing obligation shall not apply to County's misuse or modification of Contractor’s Confidential Information in a manner not contemplated by this Agreement. Contractor shall investigate, handle, respond to, and defend, at Contractor’s sole cost and expense, any such claim, even if any such claim is groundless, false, or fraudulent. Contractor shall pay for all costs and expenses related to such claim, including, but not limited to, payment of attorneys’ fees, costs and expenses. Upon completion of this Agreement, the provisions of this paragraph shall continue to survive. Contractor releases the County from claims or damages related to disclosure by the County.

Appears in 3 contracts

Samples: Public Art Loan and Display Agreement, Public Art Loan and Display Agreement, Public Art Loan and Display Agreement

Public Records. If Section 8.1 In accordance with §119.0701, Florida Statutes, if applicable, if Applicant is deemed found to govern this Agreement, then Recipient shall comply with the following provisions.be a. A. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. C. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Applicant does not transfer the records to the County. d. D. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Applicant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Applicant transfers all public records to the County upon completion of the Agreement, the Recipient Applicant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Applicant keeps and maintains public records upon completion of this the Agreement, the Recipient Applicant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If Applicant fails to comply with this section, Applicant will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes. Applicant who fails to provide the public records in response to a request within a reasonable time may be subject to penalties imposed under §119.10, Florida Statute, and costs of enforcement, including fees, under §119.0701 and §119.12, Florida Statutes. Applicant will take reasonable measures to protect, secure and maintain any data held by Applicant in an electronic form that is or contains exempt, confidential, personal information or protected information, as defined by Florida or federal law, related to or in connection with performance of the Services. If Applicant suspects or becomes aware of a security breach or unauthorized access to such data by a third party, Applicant shall immediately notify the County in writing and will work, at Applicant’s expense, to prevent or stop the data breach.

Appears in 3 contracts

Samples: Nature and Culture Destination Enhancement Grant Program Agreement, Local Sports Destination Enhancement Grant Program Agreement, Nature and Culture Destination Enhancement Grant Program Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions. a. Keep and maintain public records required by the County to perform the services performed under this Agreement. b. Upon request from the County, provide the County with a copy of the requested records, or allow the records to be inspected or copied, within a reasonable time at a cost that does not exceed the amount set by the County. 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 this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.

Appears in 2 contracts

Samples: Sports Incentive Fund Agreement, Sports Incentive Fund Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient A. DEPARTMENT shall comply with the following provisions.public records laws, specifically to: a. 1. Keep and maintain public records required by the County to perform the services performed under this Agreement. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. Ensure 3. DEPARTMENT 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 this Agreement’s term Agreement and following completion termination of this Agreement, Agreement if the Recipient DEPARTMENT does not transfer the records to the County. d. 4. Upon completion or termination of this Agreement, DEPARTMENT shall transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, DEPARTMENT or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient DEPARTMENT transfers all public records to the County upon completion termination of the Agreement, the Recipient DEPARTMENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient DEPARTMENT keeps and maintains public records upon completion termination of this the Agreement, the Recipient DEPARTMENT shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. . B. IF RECIPIENT DEPARTMENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTDEPARTMENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT xxxxxxxxxxxxx@xxxxxxxxxxxxx.xx, Office of Professional Standards, 000 X Xxxxx (000)000-0000 or 00 XX 0xx Xxxxxx, 0xx XxxxxXxxxxxxxxxx, Xxxxxxx XX 00000. Phone (000) 000-000000000 Attn: Public Records.

Appears in 2 contracts

Samples: Interlocal Agreement, Interlocal Agreement

Public Records. If To the extent Licensee is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Licensee shall: a. 22.15.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 22.15.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 22.15.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 22.15.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Licensee or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Licensee transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Licensee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Licensee keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Licensee shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Licensee will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Licensee contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET." In addition, Licensee must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Licensee as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Licensee. Licensee shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT LICENSEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S LICENSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXXXXXXX@XXXXXXX.XXX, 0000 XXXXX XX.,

Appears in 2 contracts

Samples: License Agreement, License Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Subrecipient: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the Subrecipient shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The Subrecipient is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this Agreement. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The Subrecipient further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Agreement term and following completion of this the Agreement, if the Recipient Subrecipient does not transfer the records to the County. d. D. Upon completion or termination of this Agreement, the Agreement the Subrecipient shall transfer, at no cost to the County, all public records in possession of the Recipient to Subrecipient unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Subrecipient transfers all public records to the County upon completion of the Agreement, the Recipient Subrecipient shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient Subrecipient keeps and maintains public records upon completion of this the Agreement, the Recipient Subrecipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the Subrecipient must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the Subrecipient to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Subrecipient acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTSUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (, BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000) -000-0000.

Appears in 2 contracts

Samples: CDBG Capital Improvement Agreement, Intergovernmental Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the ENTITY: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the ENTITY shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The ENTITY is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this AgreementContract. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The ENTITY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the contract term and following completion of this Agreementthe Contract, if the Recipient ENTITY does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this Agreement, the Contract the ENTITY shall transfer, at no cost to the County, all public records in possession of the Recipient to ENTITY unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient ENTITY transfers all public records to the County upon completion of the AgreementContract, the Recipient ENTITY shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient ENTITY keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient ENTITY shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the ENTITY must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the ENTITY to comply with the requirements of this article shall be a material breach of this Contract. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. ENTITY acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE ENTITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTENTITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (, BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000) -000-0000.

Appears in 2 contracts

Samples: Interlocal Agreement, Interlocal Agreement

Public Records. If In accordance with Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Contractor shall: a. (a) Keep and maintain public records required by the County KHA to perform the services performed under this Agreement.Services; and b. (b) Upon request from the CountyXXX’s custodian of public records, provide the County KHA with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided for in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; and c. (c) 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 this Agreement’s the contract term and following completion of this Agreement, Contract if the Recipient Contractor does not transfer the records to the County.KHA; and d. (d) Upon completion or termination of this AgreementContract, transfer, transfer to KHA at no cost to the County, all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient KHA to perform the services, in accordance with Florida law. e. service. If the Recipient Contractor transfers all public records to the County KHA upon completion of the Agreementthis Contract, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Contractor keeps and maintains public records upon completion of this AgreementContract, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, KHA upon request from the County, KHA’s custodian of public records in a format that is compatible with the KHA’s information technology systems of the Countysystems. The above requirements apply to Contractor only if Contractor is a “Contractor” as defined in Section, 119.0701, Florida Statutes. IF RECIPIENT CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CITY OF JACKSONVILLE’S CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000.; XXX@XXX.XXX; CITY OF JACKSONVILLE, PUBLIC RECORDS REQUEST, 214

Appears in 2 contracts

Samples: Services Agreement, Services Agreement

Public Records. If To the extent Insurer is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Insurer shall: a. 12.3.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 12.3.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 12.3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 12.3.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Insurer or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Insurer transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Insurer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Insurer keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Insurer shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Insurer will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Insurer contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET.” In addition, Insurer must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Insurer as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Insurer. Insurer shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT INSURER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTINSURER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXXXXXXXXXX@XXXXXXX.XXX, 000 X. XXXXXXX AVE., SUITE

Appears in 2 contracts

Samples: Group Dental Preferred Provider Organization (Dppo) Insurance Agreement, Group Dental Health Maintenance Organization (Dhmo) Insurance Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Subrecipient: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the Subrecipient shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The Subrecipient is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this Agreement. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The Subrecipient further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Agreement term and following completion of this the Agreement, if the Recipient Subrecipient does not transfer the records to the County. d. D. Upon completion or termination of this Agreement, the Agreement the Subrecipient shall transfer, at no cost to the County, all public records in possession of the Recipient to Subrecipient unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Subrecipient transfers all public records to the County upon completion of the Agreement, the Recipient Subrecipient shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient Subrecipient keeps and maintains public records upon completion of this the Agreement, the Recipient Subrecipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the Subrecipient must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the Subrecipient to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Subrecipient acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTSUBRECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (, BY E-MAIL AT XXXXXXXXXXXXXX@XXX.XXX OR BY TELEPHONE AT 000) -000-0000.

Appears in 2 contracts

Samples: CDBG Capital Improvement Agreement, CDBG Capital Improvement Agreement

Public Records. If Section In accordance with §119.0701, Florida Statutes, is deemed to govern this AgreementProfessional, then Recipient when acting on behalf of the County, shall comply with the following provisions.as required by Florida law: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. 3. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Professional does not transfer the records to the County. d. 4. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Professional or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Professional transfers all public records to the County upon completion of the Agreement, the Recipient Professional shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Professional keeps and maintains public records upon completion of this the Agreement, the Recipient Professional shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If Professional fails to comply with this section, Professional will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes. Professional who fails to provide the public records in response to a request within a reasonable time may be subject to penalties imposed under §119.10, Florida Statute, and costs of enforcement, including fees, under §119.0701 and §119.12, Florida Statutes. Professional will take reasonable measures to protect, secure and maintain any data held by Professional in an electronic form that is or contains exempt, confidential, personal information or protected information, as defined by Florida or federal law, related to or in connection with performance of the Services. If Professional suspects or becomes aware of a security breach or unauthorized access to such data by a third party, Professional shall immediately notify the County in writing and will work, at Professional’s expense, to prevent or stop the data breach.

Appears in 1 contract

Samples: Professional Services Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 11.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 11.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 11.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 11.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTConsultant must, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxsimultaneous with the submission of any Trade Secret Materials, Office provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. (954) , @XXXXXXX.XXX, 000 X Xxxxx XxxxxxX. XXXXXXX AVE., 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.SUITE ,

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, Florida Statutes, is deemed to govern this Agreementif the AGENCY: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) Florida Statutes, then Recipient the AGENCY shall comply with the following provisions.requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The AGENCY is specifically required to: a. A. Keep and maintain public records required by the County COUNTY to perform the services performed as provided under this AgreementContract. b. B. Upon request from the County’s Custodian of Public Records, provide the County COUNTY with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The AGENCY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Contract term and following completion of this AgreementContract, if the Recipient AGENCY does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this AgreementContract, the AGENCY shall transfer, at no cost to the CountyCOUNTY, all public records in possession of the Recipient to AGENCY unless notified by COUNTY’S representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient COUNTY to perform the services, in accordance with Florida law. e. service. If the Recipient AGENCY transfers all public records to the County COUNTY upon completion of the Agreementthis Contract, the Recipient AGENCY shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient AGENCY keeps and maintains public records upon completion of this AgreementContract, the Recipient AGENCY shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the AGENCY must be provided to the CountyCOUNTY, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the CountyCOUNTY, at no cost to the COUNTY. Failure of the AGENCY to comply with the requirements of this article shall be a material breach of this Contract. The COUNTY shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. The AGENCY acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTAGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (000) , BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000- 000-0000.

Appears in 1 contract

Samples: Community Based Agency Contract

Public Records. If To the extent PBM is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.PBM shall: a. 13.3.1. Keep and maintain public records required by the County to perform the services performed under this Agreement.Services; b. 13.3.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 13.3.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 13.3.4. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, PBM or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If PBM transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient PBM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient PBM keeps and maintains the public records upon completion of this Agreementrecords, the Recipient PBM shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. PBM will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that PBM contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, PBM must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by PBM as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by PBM. PBM shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT PBM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTPBM’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXXXXXXXXXX@XXXXXXX.XXX, 000 X. XXXXXXX AVE.,

Appears in 1 contract

Samples: Pharmacy Benefit Management Agreement

Public Records. If Section Licensee is determined to be a contractor as defined in Florida Statutes §119.0701, then Licensee when acting on behalf of the County shall as required by Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.law: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. 3. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Licensee does not transfer the records to the County. d. 4. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Licensee or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Licensee transfers all public records to the County upon completion of the Agreement, the Recipient Professional shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Licensee keeps and maintains public records upon completion of this the Agreement, the Recipient Licensee shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If applicable and Licensee fails to comply with this section, Licensee will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes.

Appears in 1 contract

Samples: Revocable License Agreement

Public Records. If To the extent Town is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Town shall: a. Keep and maintain public records required by the were County to perform performing the services performed under this Agreement.; b. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. Ensure that public records that are exempt or that are confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term the Agreement and following completion of this Agreement, the Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. Upon completion or termination of this the Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Town or keep and maintain such public records required by were County performing the Recipient to perform service. If Town transfers the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Town shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Town keeps and maintains public records upon completion termination of this the Agreement, the Recipient Town shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119The failure of Town to comply with the provisions of this Section shall constitute a material breach of this Agreement entitling County to exercise any remedy provided in this Agreement or under applicable law. A request for public records regarding this Agreement may be made directly to either Party, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS who will be responsible for responding to any such public records requests. The Parties will provide any requested records to each other to enable timely responses to the public records requests. RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE BROWARD COUNTY CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxRECORDS, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (XXXXX XXXXX AT 000) -000-0000., xxxxxx@xxxxxxx.xxx, 0 X.

Appears in 1 contract

Samples: Disbursement Agreement

Public Records. If Section 119.0701The FGUA and the County shall comply with public records laws embodied in Chapter 119, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.and specifically shall: a. 1. Keep and maintain public records required by the County or the FGUA in order to perform the services performed under this AgreementScope of Services described herein. b. 2. Upon request from the County, other party provide the County with a copy of the any requested records, public records or allow the requested records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the Countyother party. c. 3. 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 this Agreement’s term the Agreement term, and following completion of this Agreement, if the Recipient does not transfer the records to the Countythereafter. d. Upon completion or termination of this Agreement, transfer4. Transfer, at no cost to the Countycost, all public records in possession of the Recipient to the County, or keep other party upon termination of this Agreement and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall must be provided to the County, upon request from the Countyother party, in a format that is compatible with the information technology systems of that party. If the FGUA keeps and maintains public records upon the conclusion of this Agreement, the FGUA shall meet all applicable requirements for retaining public records that would apply to the County. 5. IF RECIPIENT HAS QUESTIONS REGARDING If either party does not comply with a public record request related to the Scope of Services, that failure shall be treated as breach of this Agreement and the contract provisions shall be enforced accordingly. Additionally, if either party fails to provide records when requested, they may be subject to penalties under Section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees. Board of County Commissioners, 0000 Xxxxxx Xxxx, Wildwood, Florida 34785 or via email at Xxxxxxx@xxxxxxxxxxxxxx.xxx, OR FOR THE APPLICATION OF CHAPTER 119FGUA AT (000)-000-0000, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standardsxxxxxxxxxx@xxxxxxxx.xxx, 000 X Xxxxxx Xxxxxxx Xxxx, Xxxxx Xxxxxx0000, 0xx XxxxxXxxxxxxx, Xxxxxxx XX 0000000000 If either party does not comply with a public record request related to the Scope of Services, that failure shall be treated as breach of this Agreement and the contract provisions shall be enforced accordingly. Phone (000) 000-0000Additionally, if either party fails to provide records when requested, they may be subject to penalties under Section 119.10, Florida Statutes and reasonable costs of enforcement, including attorney fees.

Appears in 1 contract

Samples: Interlocal Agreement

Public Records. If 7.1 The County is a public agency subject to Chapter 119, Florida Statutes. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000) 000-0000, XXXXXXX@XXXXXXXXXXXXXX.XXX, 00000 XXXXXX XXXXX, XXXXX 0, XXXXX, XXXXXXX 00000. Under the Contract, to the extent that the Vendor is providing goods and/or services to the County, and pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Vendor shall: a. Keep and maintain public records required by the County to perform the services performed under this Agreementprovide goods and/or services. b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in this chapter or as otherwise provided by the Countylaw. c. 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 this Agreement’s the Contract term and following completion of this Agreement, the Contract if the Recipient Vendor does not transfer the records to the County. d. Upon completion or termination of this Agreementthe Contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Vendor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Vendor transfers all public records to the County upon completion of the AgreementContract, the Recipient Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Vendor keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient Vendor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. 7.2 A request to inspect or copy public records relating to the Contract for goods and/or services shall be made directly to the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119If the County does not possess the requested records, FLORIDA STATUTESthe County shall immediately notify the Vendor of the request, AS TO THE RECIPIENT’S DUTY TO PROVIDE and the Vendor shall provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 7.3 If the Vendor does not comply with the County’s request for records, the County shall enforce the Contract provisions in accordance with the Contract. 7.4 If the Vendor fails to provide the public records to the County within a reasonable time, the Vendor may be subject to penalties under Section 119.10, Florida Statutes. 7.5 If a civil action is filed against the Vendor to compel production of public records relating to the Contract, the Court shall assess and award against the Vendor the reasonable costs of enforcement, including reasonable attorney fees if: (a) The Court determines that the Vendor 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 Vendor has not complied with the request, to the County and to the Vendor. 7.6 A notice complies with this Section if it is sent to the County’s custodian of public records and to the Vendor at the Vendor’s address listed on its Contract with the County or to the Vendor’s registered agent. 7.7 If the Vendor complies with a public records request within eight (8) business days after the notice is sent, the Vendor is not liable for the reasonable costs of enforcement. 7.8 In reference to any public records requested under the Contract, the Vendor shall identify and mark specifically any information which Vendor considers CONFIDENTIAL and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and which the Vendor believes to be exempt from disclosure, citing specifically the applicable exempting law and including a brief written explanation as to why the cited Statute is applicable to the information claimed as confidential and/or proprietary information. All materials shall be segregated and clearly identified as "EXEMPT FROM PUBLIC RECORDS RELATING TO THIS AGREEMENTDISCLOSURE." 7.9 In conjunction with the confidential and/or proprietary information designation, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxthe Vendor acknowledges and agrees that after notice from County, Office the Vendor shall respond to a notice from the County immediately, but no later than 10 calendar days from the date of Professional Standardsnotification or the Vendor shall be deemed to have waived and consented to the release of the confidential and/or proprietary designated materials. 7.10 The Vendor further agrees that by designation of the confidential/proprietary material, 000 X Xxxxx Xxxxxxthe Vendor shall defend the County (and its employees, 0xx Xxxxxagents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Vendor's designation of the material as exempt from public disclosure and to hold harmless the County (and its employees, Xxxxxxx XX 00000. Phone (000agents and elected and appointed officials) 000-0000from any award to a plaintiff for damages, costs and attorneys' fees, incurred by the County by reason of any claim or action related to Vendor's designation of material as exempt from public disclosure.

Appears in 1 contract

Samples: Employee Assistance Program Contract

Public Records. If DOH-Broward is acting on behalf of County, in accordance with Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.DOH-Broward must: a. 9.2.1. Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 9.2.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 9.2.3. Ensure that public records that are (i) exempt or (ii) confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 9.2.4. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of DOH-Broward or keep and maintain public records required by County to perform the Recipient services provided for in this Agreement. If DOH-Broward transfers the records to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall DOH-Broward must destroy any duplicate public records that are (i) exempt or (ii) confidential and exempt from public records disclosure requirementsexempt. If the Recipient DOH-Broward keeps and maintains public records upon completion of this Agreement, the Recipient shall DOH-Broward must meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of County. 9.2.5. Meet all requirements for retaining public records and transfer to County, at no cost, all public records in possession of DOH-Broward upon termination of · this Agreement and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to County in a format that is compatible with the information technology systems of County. The failure of DOH-Broward to comply with this Section will constitute a default and breach of this Agreement, and County will enforce the default in accordance with the "Termination" article. A request for public records regarding this Agreement must be made directly to the County, which will respond to any public records requests. DOH-Broward will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that DOH-Broward contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) ("Trade Secret Materials") must be separately submitted and conspicuously labeled "EXEMPT FROM PUBLIC RECORD PRODUCT-TRADE SECRET." In addition, DOH-Broward must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by DOH-Broward as Trade Secret Materials, County will refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by DOH-Broward. DOH-Broward must indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the non­ disclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT DOH-BROWARD HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DOH-BROWARD'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional StandardsBARC HEALTH INFORMATION MANAGER AT {954) 357-4807, 000 X Xxxxx XxxxxxX.X. 00XX XXXXXX, 0xx XxxxxXXXX XXXXXXXXXX, Xxxxxxx XX XXXXXXX 00000. Phone (000) 000-0000.

Appears in 1 contract

Samples: Agreement Between Broward County and the State of Florida, Department of Health for Patient Prescription Medications

Public Records. Notwithstanding anything else in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. If Provider is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Provider shall: a. 12.3.1. Keep and maintain public records required by the County to perform the services performed under this Agreement.Services; b. 12.3.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.Applicable Law; c. 12.3.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, Applicable Law for the duration of this Agreement’s term Agreement and following after completion or termination of this Agreement, Agreement if the Recipient does records are not transfer transferred to County; and 12.3.4. Upon expiration of the records to the County. d. Upon completion Term or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Provider or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If Provider transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Provider keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Provider shall meet all applicable requirements of Applicable Law for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. If Provider receives a request for public records regarding this Agreement or the Services, Provider must immediately notify the Contract Administrator in writing and provide all requested records to County to enable County to timely respond to the public records request. County will respond to all such public records requests. Provider must separately submit and conspicuously label as “RESTRICTED MATERIAL – DO NOT PRODUCE” any material (a) that Provider contends constitutes or contains its trade secrets under Chapter 688, Florida Statutes, or (b) for which Provider asserts a right to withhold from public disclosure as confidential or otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (collectively “Restricted Material”). In addition, Provider must, simultaneous with the submission of any Restricted Material, provide a sworn affidavit from a person with personal knowledge attesting that the Restricted Material constitutes trade secrets or is otherwise exempt or confidential under Florida public records laws, including citing the applicable Florida statute and specifying the factual basis for each such claim. Upon request by County, Provider must promptly identify the specific applicable statutory section that protects any particular document. If a third party submits a request to County for records designated by Provider as Restricted Material, County shall refrain from disclosing such material unless otherwise ordered by a court of competent jurisdiction, authorized in writing by Provider, or the claimed exemption is waived. Any failure by Provider to strictly comply with the requirements of this section shall constitute Provider’s waiver of County’s obligation to treat the records as Restricted Material. Provider must indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of Restricted Material in response to a third-party request. IF RECIPIENT PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTPROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT (954) 357-7600, Office of Professional StandardsBENEFITSRECORDS@BROWAXX.XXX, 000 X Xxxxx XxxxxxX. AXXXXXX XXX., 0xx XxxxxXXXXX 000, Xxxxxxx XX 00000. Phone (000) 000-0000XXRT XXXXXXXXXX, XLORIDA 33301.

Appears in 1 contract

Samples: Supplemental Insurance Agreement

Public Records. If As a political subdivision of the State of Florida, County is subject to Florida’s Public Records Law, Chapter 119 of the Florida Statutes. Notwithstanding anything else in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119 shall not constitute a breach of this Agreement. To the extent Contractor is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Contractor shall:‌ a. 13.3.1. Keep and maintain public records required by the County to perform the services performed work required under this Agreement.Agreement;‌ b. 13.3.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law;‌ c. 13.3.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and‌ d. 13.3.4. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Contractor transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Contractor keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of County.‌ A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Contractor will provide any requested records to County to enable County to respond to the Countypublic records request. (954) , @XXXXXXX.XXX, 000 X. XXXXXXX AVE., SUITE , FORT IF RECIPIENT CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.AT‌

Appears in 1 contract

Samples: Technology Products Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 11.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 11.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 11.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 11.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTConsultant must, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxsimultaneous with the submission of any Trade Secret Materials, Office provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. SUITE , XXXX XXXXXXXXXX, XXXXXXX 00000. (954) , @XXXXXXX.XXX, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000X. XXXXXXX AVE.,

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If (A) IF PANACEA HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO PANACEA’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS ACQUISITION AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: XXXXXX@xxxxxxx.xxx (B) Panacea understands that by virtue of this Acquisition Agreement any of its documents, records and materials of any kind, received and created as a result of the provisions of this Acquisition Agreement that are made or received in connection with the transaction of official business of the County (as defined in Section 119.0701119.011(12), Florida Statutes) are public records, and that such public records shall be open to the public for inspection in accordance with Florida law. This Acquisition Agreement does not contemplate that Panacea will be acting on behalf of the County or vice versa; however, if at any time Panacea will act on behalf of the County, as provided under Section 119.011(2), Florida Statutes, is deemed Panacea, subject to govern this Agreementthe terms of Section 287.058(1)(c), then Recipient shall comply with the following provisions.Florida Statutes, and any other applicable legal and equitable remedies, shall: a. (1) Keep and maintain public records required by the County to perform the services performed under this Agreementservice. b. (2) Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided by the CountyFlorida law. c. (3) 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 this Agreement’s the Agreement term and following completion of this Agreement, the Agreement if the Recipient Panacea does not transfer the records to the County. d. (4) Upon completion or termination of this the Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, Panacea or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Panacea transfers all public records to the County upon completion of the Agreement, the Recipient Panacea shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Panacea keeps and maintains public records upon completion of this the Agreement, the Recipient Panacea shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon written request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. (5) If Panacea does not comply with a public records request, the County shall enforce the contract provisions in accordance with the Agreement. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Provided, FLORIDA STATUTEShowever, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTthat Panacea is subject to the aforementioned requirements of Section 119.011(2), CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxFlorida Statutes, Office only to the extent it creates or receives such documents while performing a public function on behalf of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000the County.

Appears in 1 contract

Samples: Acquisition and Development Agreement

Public Records. If Section 119.0701County shall comply with Chapter 119, Florida Statutes. Specifically, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.County shall: a. 29.1 Keep and maintain public records that ordinarily and necessarily would be required by the County Department to perform the services performed under this Agreement. b. 29.2 Upon request from the CountyDepartment’s custodian of public records, provide the County Department with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. 29.3 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 this Agreement’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Agency does not transfer the records to the CountyDepartment. d. 29.4 Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, Department all public records in possession of the Recipient to the County, Applicant or keep and maintain such public records required by the Recipient Department to perform the services, in accordance with Florida law. e. this Agreement. If the Recipient County transfers all public records to the County public Agency upon completion of the this Agreement, the Recipient County shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient County keeps and maintains maintain public records upon completion of this Agreement, the Recipient County shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyDepartment, upon request from the CountyDepartment’s custodian of public records, in a format that is compatible with the information technology systems of the CountyDepartment. Failure by County to act in accordance with Chapter 119 and the foregoing shall be grounds for immediate unilateral cancellation of this Agreement by the Department. County shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of County and shall promptly provide the Department a copy of Applicant’s response to each such request. IF RECIPIENT THE CONSULTANT/CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT'S/CONTRACTOR’S/VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNITAT: XxxxxxXxxxxxXxxx@xxxx.xxx, District 2 000-000-0000 D2prcustodian@ xxx.Xxxxx.XX.xx Florida Department of Transportation District 2 - Office of Professional Standards, 000 X General Counsel 0000 Xxxxx Xxxxxx Xxxxxx, 0xx XxxxxMS 2009 Lake City, Xxxxxxx XX 00000. Phone (000) 000-0000.FL 32025

Appears in 1 contract

Samples: Interlocal Agreement

Public Records. If To the extent Artist is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Artist shall: a. (a) Keep and maintain public records required by the County to perform the services performed under this Agreement.Agreement;‌ b. (b) Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. (d) Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Artist or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If Artist transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient shall Artist must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Artist keeps and maintains the public records upon completion of this Agreementrecords, the Recipient shall Artist must meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Artist will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Artist contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTArtist event that a third party submits a request to County for records designated by Artist as Trade Secret Materials, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxCounty shall refrain from disclosing the Trade Secret Materials, Office unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Artist. Artist shall indemnify and defend County and its employees and agents from any and all claims, 000 X Xxxxx Xxxxxxcauses of action, 0xx Xxxxxlosses, Xxxxxxx XX 00000. Phone (000) 000-0000.fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party.‌

Appears in 1 contract

Samples: Commissioned Artwork Agreement

Public Records. If To the extent Organization is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Organization shall: a. Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Organization or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Organization transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Organization shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Organization keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Organization shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Organization will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Organization contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Organization must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Organization as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Organization. Organization shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT ORGANIZATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTORGANIZATION’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXX@XXXXXXX.XXX, 000 X.X. XXXXX XXXXXX, XXXXX 000, XXXX XXXXXXXXXX, XXXXXXX 00000.

Appears in 1 contract

Samples: Tourism Sponsorship Program Agreement

Public Records. If Pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient the Lessor shall comply with the following provisions.Florida Public Records’ laws, and shall: a. A. Keep and maintain public records required by the County to perform the services performed under this Agreementidentified herein. b. B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided for by the Countylaw. c. C. 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient Lessor does not transfer the records to the County. d. D. Upon completion or termination of this Agreementthe contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Lessor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Lessor transfers all public records to the County upon completion of the Agreementcontract, the Recipient Lessor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Lessor keeps and maintains public records upon completion of this Agreementthe contract, the Recipient Lessor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. IF RECIPIENT THE LESSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTLESSOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxRECORDS, Office of Professional StandardsXXXXX XXXXXXXX, 000 X Xxxxx XxxxxxAT LAKE COUNTY PROCUREMENT SERVICES, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) -000-0000, 000 X. XXXX XXXXXX, XXXXXXX, XXXXXXX 00000, XXXXXXXXX@XXXXXXXXXXXX.XXX. Failure to comply with this section shall be deemed a breach of this Lease and enforceable as set forth in Section 119.0701, Florida Statutes.

Appears in 1 contract

Samples: Long Term Operating Lease and Maintenance Agreement

Public Records. If To the extent Benefits Manager is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Benefits Manager shall: a. 13.3.1. Keep and maintain public records required by the County to perform the services performed under this Agreement.Services; b. 13.3.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 13.3.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 13.3.4. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Benefits Manager or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Benefits Manager transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Benefits Manager shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Benefits Manager keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Benefits Manager shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Benefits Manager will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Benefits Manager contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Benefits Manager must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by Benefits Manager as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Benefits Manager. Benefits Manager shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT BENEFITS MANAGER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTBENEFITS MANAGER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXXXXXXXXXX@XXXXXXX.XXX, 000 X. XXXXXXX AVE., SUITE 508, FORT LAUDERDALE, FLORIDA 33301.

Appears in 1 contract

Samples: Administrative Management Services Agreement

Public Records. If Section 119.0701The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions. Access to such public records may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party, or an unaffiliated party. In accordance with Florida law, to the extent that Xxxxxxx's performance under this Agreement constitutes an act on behalf of the County, the Subrecipient shall comply, with all requirements of Florida's public records law. Specifically, if Grantee is deemed to govern expressly authorized, and acts on behalf of County under this Agreement, then Recipient shall comply with the following provisions.Grantee shall: a. i. Keep and maintain public records that ordinarily and necessarily would be required by the County to perform the services performed under this AgreementScope of Services. b. ii. Upon request from the County's custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost as provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. iii. Ensure that public records related to this Agreement that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, applicable law for the duration of this Agreement’s term Agreement and following completion of this Agreement, Agreement if the Recipient Grantee does not transfer the records to the County. d. iv. Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Grantee or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Scope of Services. If the Recipient Grantee transfers all public records to the County upon completion of the this Agreement, the Recipient Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Xxxxxxx keeps and maintains public records upon completion of this Agreement, the Recipient Grantee shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the County's information technology systems systems. Failure by Grantee to comply with the requirements of this section shall be grounds for immediate, unilateral termination of this Agreement by the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119000 Xxx Xxxxxxxxx Xxxx Xx. Xxxxxxxxx, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone FL 00000 (000) 000-0000.0000 xxxxxxxxxxxxx@xxxxx.xx

Appears in 1 contract

Samples: Funding Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 11.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 11.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 11.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 11.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTConsultant must, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxsimultaneous with the submission of any Trade Secret Materials, Office provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. SUITE , XXXX XXXXXXXXXX, XXXXXXX 00000 (954) , @XXXXXXX.XXX, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000X. XXXXXXX AVE.,

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the CITY: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the CITY shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The CITY is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this Agreement. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The CITY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW- F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Agreement term and following completion of this the Agreement, if the Recipient CITY does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this Agreement, the Agreement the CITY shall transfer, at no cost to the County, all public records in possession of the Recipient to CITY unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient CITY transfers all public records to the County upon completion of the Agreement, the Recipient CITY shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient CITY keeps and maintains public records upon completion of this the Agreement, the Recipient CITY shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the CITY must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the CITY to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. CITY acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (, BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000) -000-0000.

Appears in 1 contract

Samples: Interlocal Agreement

Public Records. If Section 119.0701The FGUA and the County shall comply with public records laws embodied in Chapter 119, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.and specifically shall: a. 1. Keep and maintain public records required by the County or the FGUA in order to perform the services performed under this AgreementServices described herein. b. 2. Upon request from the County, other party provide the County with a copy of the any requested records, public records or allow the requested records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the Countyother party. c. 3. 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 this Agreement’s term the Agreement term, and following completion of this Agreement, if the Recipient does not transfer the records to the Countythereafter. d. Upon completion or termination of this Agreement, transfer4. Transfer, at no cost to the Countycost, all public records in possession of the Recipient to the County, or keep other party upon termination of this Agreement and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall must be provided to the County, upon request from the Countyother party, in a format that is compatible with the information technology systems of that party. If the FGUA keeps and maintains public records upon the conclusion of this Agreement, the FGUA shall meet all applicable requirements for retaining public records that would apply to the County. 5. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119If either party does not comply with a public record request related to the Scope of Services, FLORIDA STATUTESthat failure shall be treated as breach of this Agreement and the contract provisions shall be enforced accordingly. Additionally, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTif either party fails to provide records when requested, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxthey may be subject to penalties under Section 119.10, Office Florida Statutes and reasonable costs of Professional Standardsenforcement, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000including attorney fees. Phone COUNTY AT (000) 000-0000., xxx.xxxxxxxxxx.xxx, 00000 Xxxx Xxx Xxxxxx, Xxxx Xxxx, XX 00000 OR FOR THE FGUA AT (000)-000-0000, xxxxxxxxxx@xxxxxxxx.xxx, 000 Xxxxxx Xxxxxxx Xxxx, Xxxxx 0000, Xxxxxxxx, XX 00000

Appears in 1 contract

Samples: Project Funding Agreement

Public Records. If Pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient the Lessor shall comply with the following provisions.Florida Public Records’ laws, and shall: a. 1. Keep and maintain public records required by the County to perform the services performed under this Agreementidentified herein. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided for by the Countylaw. c. 3. 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient Lessor does not transfer the records to the County. d. 4. Upon completion or termination of this Agreementthe contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Lessor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Lessor transfers all public records to the County upon completion of the Agreementcontract, the Recipient Lessor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Lessor keeps and maintains public records upon completion of this Agreementthe contract, the Recipient Lessor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. IF RECIPIENT THE LESSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTLESSOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxRECORDS, Office of Professional StandardsXXXXX XXXXXXXX, AT LAKE COUNTY PROCUREMENT SERVICES, 352-343-9839, 000 X Xxxxx XxxxxxX. XXXX XXXXXX, 0xx XxxxxXXXXXXX, Xxxxxxx XX XXXXXXX 00000, XXXXXXXXX@XXXXXXXXXXXX.XXX. Phone (000) 000-0000Failure to comply with this section shall be deemed a breach of this Lease and enforceable as set forth in Section 119.0701, Florida Statutes.

Appears in 1 contract

Samples: Long Term Operating Lease and Maintenance Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 11.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 11.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 11.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 11.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTConsultant must, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxsimultaneous with the submission of any Trade Secret Materials, Office provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, 000 X Xxxxx Xxxxxxcauses of action, 0xx Xxxxxlosses, Xxxxxxx XX 00000. Phone (000) 000-0000fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party.

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, Florida Statutes, is deemed to govern this Agreementif the AGENCY: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) Florida Statutes, then Recipient the AGENCY shall comply with the following provisions.requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The AGENCY is specifically required to: a. A. Keep and maintain public records required by the County COUNTY to perform the services performed as provided under this AgreementContract. b. B. Upon request from the County’s Custodian of Public Records, provide the County COUNTY with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The AGENCY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Contract term and following completion of this AgreementContract, if the Recipient AGENCY does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this AgreementContract, the AGENCY shall transfer, at no cost to the CountyCOUNTY, all public records in possession of the Recipient to AGENCY unless notified by COUNTY’S representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient COUNTY to perform the services, in accordance with Florida law. e. service. If the Recipient AGENCY transfers all public records to the County COUNTY upon completion of the Agreementthis Contract, the Recipient AGENCY shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient AGENCY keeps and maintains public records upon completion of this AgreementContract, the Recipient AGENCY shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the AGENCY must be provided to the CountyCOUNTY, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY. Failure of the CountyAGENCY to comply with the requirements of this article shall be a material breach of this Contract. COUNTY shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. AGENCY acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTAGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (000) , BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000- 000-0000.

Appears in 1 contract

Samples: Community Based Agency Contract

Public Records. If Section 119.0701A. The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions. Access to such public records, may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party, or an unaffiliated party. B. In accordance with Florida law, to the extent that Carrier performance under this Agreement constitutes an act on behalf of the County, Carrier shall provide access to all public records made or received by Carrier in conjunction with this Agreement. Specifically, if Carrier is deemed to govern expressly authorized, and acts on behalf of the County under this Agreement, then Recipient shall comply with the following provisions.Carrier shall: a. (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services performed under described herein; (2) Provide the public with access to public records related to this Agreement. b. Upon request from Agreement on the County, same terms and conditions that the County would provide the County 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 amount set costs provided in Chapter 119, Florida States, or as otherwise provided by the County.applicable law; c. (3) Ensure that public records related to this Agreement that are exempt or confidential and exempt from public disclosure are not disclosed except as authorized by applicable law; and (4) Meet all requirements for retaining public records, and transfer at Carrier sole cost and expense, all public records in the possession of Carrier upon termination of this Agreement. Xxxxxxx shall destroy any duplicate 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 this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal State and Florida law. f. All Federal provisions. Any public records stored electronically shall must be provided to the County, upon request from the County, County in a format that is compatible with the information technology systems maintained by the County. C. Failure by Carrier to grant such public access shall be grounds for immediate, unilateral termination of this Agreement by the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office Carrier shall promptly provide the County notice of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000any request to inspect or copy public records related to this Agreement in Carrier possession and shall promptly provide the County a copy of Carrier response to each such request.

Appears in 1 contract

Samples: Annual Maintenance Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient Contractor shall comply with the following provisions.Florida public records laws, specifically to: a. A. Keep and maintain public records required by the County District to perform the services performed under this Agreementservice. b. B. Upon request from the CountyDistrict’s custodian of public records, provide the County District with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida Statute or as otherwise provided by the Countylaw. c. C. 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 this Agreement’s the Contract term and following completion of this Agreement, the Contract if the Recipient Contractor does not transfer the records to the CountyDistrict. d. D. Upon completion or termination of this Agreementthe Contract, transfer, at no cost cost, to the County, District all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient District to perform the services, in accordance with Florida law. e. service. If the Recipient Contractor transfers all public records to the County District upon completion of the AgreementContract, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Contractor keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyDistrict, upon request from the CountyDistrict’s custodian of public records, in a format that is compatible with the information technology systems of the County. District. E. IF RECIPIENT THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT THE SANIBEL ISLAND FIRE & RESCUE District, Office of Professional Standards0000 XXXX XXXXX XX, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XXXXXXX XX 00000. Phone THE CUSTODIAN OF PUBLIC RECORDS MAY BE CONTACTED BY PHONE AT (000) 000-0000, OR BY EMAIL AT XXXXXXXX@XXXXXXXXXXX.XXX.

Appears in 1 contract

Samples: Construction Contract

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, Florida Statutes, is deemed to govern this Agreementif the AGENCY: (i) provides a service; and (ii) acts on behalf of the COUNTY as provided under Section 119.011(2) Florida Statutes, then Recipient the AGENCY shall comply with the following provisions.requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time. The AGENCY is specifically required to: a. A. Keep and maintain public records required by the County COUNTY to perform the services performed as provided under this AgreementContract. b. B. Upon request from the County’s Custodian of Public Records, provide the County COUNTY with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The AGENCY further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Contract term and following completion of this AgreementContract, if the Recipient AGENCY does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this Agreement, Contract the AGENCY shall transfer, at no cost to the CountyCOUNTY, all public records in possession of the Recipient to AGENCY unless notified by COUNTY’S representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient COUNTY to perform the services, in accordance with Florida law. e. service. If the Recipient AGENCY transfers all public records to the County COUNTY upon completion of the Agreementthis Contract, the Recipient AGENCY shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient AGENCY keeps and maintains public records upon completion of this AgreementContract, the Recipient AGENCY shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the AGENCY must be provided to the CountyCOUNTY, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of COUNTY, at no cost to COUNTY. Failure of the CountyAGENCY to comply with the requirements of this article shall be a material breach of this Contract. COUNTY shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. The AGENCY acknowledges that it has familiarized itself with the requirements of Chapter 119, Florida Statutes, and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTAGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (000) , BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000- 000-0000.

Appears in 1 contract

Samples: Community Based Agency Contract

Public Records. If To the extent City is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.City shall: a. Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, City or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If City transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient City shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient City keeps and maintains public records upon completion of this Agreementrecords, the Recipient City shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. The failure of City to comply with the provisions of this Section shall constitute a material breach of this Agreement entitling County to exercise any remedy provided in this Agreement or under applicable law. A request for public records regarding this Agreement may be made directly to either Party, who will be responsible for responding to any such public records requests. The Parties will provide any requested records to each other to enable timely responses to the public records requests. Any material submitted to County that City contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCT – TRADE SECRET.” In addition, City must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Florida Statutes Section 812.081 and stating the factual basis for same. In the event that a third party submits a request to County for records designated by City as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by City. City shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys' fees, litigation expenses, and court costs, relating to the non-disclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC IF COUNTY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COUNTY'S DUTY TO PROVIDE PUBLIC RECORDS UNITRELATING TO THIS AGREEMENT, THE COUNTY SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC RECORDS: XxxxxxXxxxxxXxxx@xxxx.xxxTHE CITY CLERK, Office of Professional StandardsXXXXXXX X. XXXXX, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone BY TELEPHONE (000) 000-0000, EMAIL XXXXXXXXX@XXXXXXXXX.XXX, OR MAIL CITY OF SUNRISE, OFFICE OF THE CITY CLERK, 00000 XXXX XXXXXXX XXXX XXXXXXXXX, XXXXXXX, XXXXXXX 00000.

Appears in 1 contract

Samples: Interlocal Agreement

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Public Records. If Pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Agency shall: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementProgram. b. 2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the County. c. 3. 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 this Agreement’s term and following completion of this Agreement, Agreement if the Recipient Agency does not transfer the records to the County. d. 4. Upon completion completion, or termination termination, of this Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Agency or keep and maintain such public records required by the Recipient Agency to perform the services, service in accordance with Florida law. e. 5. If the Recipient Agency transfers all public records to the County upon completion of the Agreement, the Recipient Agency shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Agency keeps and maintains public records upon completion of this Agreement, the Recipient Agency shall meet all applicable requirements for retaining public records, records in accordance with applicable federal and Florida law. f. 6. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTAGENCY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE AGENCY SHALL CONTACT THE PROCUREMENT PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxLIAISON AT 000 XXXX XXXXX XXXXXX, Office of Professional Standards0XX XXXXX, 000 X Xxxxx XxxxxxXXXXXXX, 0xx XxxxxXXXXXXX 00000, Xxxxxxx XX 00000. Phone XXXXXXXXXXXXXXXXXX@XXXX.XXX, (000) 000-0000.

Appears in 1 contract

Samples: Grant Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 12.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 12.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 12.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 12.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, xxxxxxxx@XXXXXXX.XXX, 0 X. XXXXXXXXXX XXXXX, XXXXX X0000, XXXXXXXXXX, XXXXXXX 00000.

Appears in 1 contract

Samples: Consulting Agreement

Public Records. If Section In accordance with §119.0701, Florida Statutes, is deemed to govern this AgreementACHA shall, then Recipient shall comply with when acting on behalf of the following provisions.County, as required by Florida law: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. 3. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient ACHA does not transfer the records to the County. d. 4. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, ACHA or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient ACHA transfers all public records to the County upon completion of the Agreement, the Recipient ACHA shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient ACHA keeps and maintains public records upon completion of this the Agreement, the Recipient ACHA shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If ACHA fails to comply with this section, ACHA will be deemed in default under this Agreement. ACHA will take reasonable measures to protect, secure and maintain any data held by ACHA, including that in an electronic form, that is or contains exempt, confidential, personal information or protected information, as defined by Florida or federal law, related to or in connection with performance of the Services or this Agreement. If ACHA suspects or becomes aware of a security breach or unauthorized access to such data by a third party, ACHA shall immediately notify the County in writing and will work, at ACHA’s expense, to prevent or stop the data breach.

Appears in 1 contract

Samples: Housing Facility Management Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions. a. Keep and maintain public records required by the County to perform the services performed under this Agreement. b. Upon request from the County, provide the County with a copy of the requested records, or allow the records to be inspected or copiedorcopied, within a reasonable time at a cost that does not exceed the amount set by the County. 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 this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient theRecipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.

Appears in 1 contract

Samples: Sports Incentive Fund Agreement

Public Records. ‌ Notwithstanding anything else in this Contract, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Contract. If Contractor is acting on behalf of County as provided in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Contractor shall: a. 55.1. Keep and maintain public records required by the County to perform the services performed under this Agreement.Contract; b. 55.2. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.Applicable Law; c. 55.3. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, Applicable Law for the duration of this Agreement’s term Contract and following after completion or termination of this Agreement, Contract if the Recipient does records are not transfer the records transferred to the County.; and d. 55.4. Upon completion or termination of this AgreementContract, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Contractor transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Contractor keeps and maintains public records upon completion of this Agreementrecords, the Recipient Contractor shall meet all applicable requirements of Applicable Law for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER The failure of Contractor to comply with the provisions of this article shall constitute a material breach of this Contract entitling County to exercise any remedy provided in this Contract or under Applicable Law, all of such remedies being cumulative. If Contractor receives a request for public records regarding this Contract or the Services, Contractor must immediately notify the Contract Administrator in writing and provide all requested records to County to enable County to timely respond to the public records request. County will respond to all such public records requests. Contractor must separately submit and conspicuously label as “RESTRICTED MATERIAL – DO NOT PRODUCE” any material (a) that Contractor contends constitutes or contains its trade secrets under Chapter 688, Florida Statutes, or (b) for which Contractor asserts a right to withhold from public disclosure as confidential or otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (collectively, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT“Restricted Material”). In addition, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxContractor must, Office simultaneous with the submission of Professional Standardsany Restricted Material, 000 X Xxxxx Xxxxxxprovide a sworn affidavit from a person with personal knowledge attesting that the Restricted Material constitutes trade secrets or is otherwise exempt or confidential under Florida public records laws, 0xx Xxxxxincluding citing the applicable Florida statute and specifying the factual basis for each such claim. Upon request by County, Xxxxxxx XX 00000Contractor must promptly identify the specific applicable statutory section that protects any particular document. Phone If a third party submits a request to County for records designated by Contractor as Restricted Material, County shall refrain from disclosing such material unless otherwise ordered by a court of competent jurisdiction, authorized in writing by Contractor, or the claimed exemption is waived. Any failure by Contractor to strictly comply with the requirements of this section shall constitute Contractor’s waiver of County’s obligation to treat the records as Restricted Material. Contractor must indemnify and hold harmless County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to nondisclosure of Restricted Material in response to a third-party request. AT TELEPHONE_, EMAIL @XXXXXXX.XXX, STREET ADDRESS, CITY, (000) 000-0000The remainder of this page is intentionally left blank.)

Appears in 1 contract

Samples: Contract

Public Records. If Section 119.0701A. The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions. Access to such public records, may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party, or an unaffiliated party. B. In accordance with Florida law, to the extent that Contractor’s performance under this Contract constitutes an act on behalf of the County, Contractor shall comply with all requirements of Florida’s public records law. Specifically, if Contractor is deemed to govern expressly authorized, and acts on behalf of the County under this Agreement, then Recipient shall comply with the following provisions.Contractor shall: a. (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services performed under this Agreement.Services; b. (2) Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost as provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. (3) Ensure that public records related to this Agreement that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, applicable law for the duration of this Agreement’s term Agreement and following completion of this Agreement, Agreement if the Recipient Contractor does not transfer the records to the County.; and d. (4) Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida lawServices. e. C. If the Recipient Contractor transfers all public records to the County upon completion of the this Agreement, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Contractor keeps and maintains public records upon completion of this Agreement, the Recipient Contractor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems systems. D. Failure by the Contractor to comply with the requirements of this section shall be grounds for immediate, unilateral termination of this Agreement by the County. IF RECIPIENT THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNITAT: XxxxxxXxxxxxXxxx@xxxx.xxxOCA, Office of Professional StandardsATTN: Public Records Manager, 000 X Xxxxx XxxxxxXXX XXXXXXXXX XXXX, 0xx XxxxxXX. AUGUSTINE, Xxxxxxx XX 00000. Phone FL 32084, PH: (000) 000-0000, EMAIL: xxxxxxxxxxxxx@xxxxx.xx Medical Cost Containment Services, Inc. ST. XXXXX COUNTY BOARD OF COUNTY By: By: Title: President Title: Date: Date: THIS AGREEMENT is made as of JANUARY 1, 2019 (“Effective Date”) by and between "Parties", Medical Cost Containment Services, Inc., a Florida corporation (“Medcom”) and ST. XXXXX COUNTY BOARD OF COUNTY COMMISSIONERS (“Employer”).

Appears in 1 contract

Samples: Administrative Services Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions. a. Keep and maintain public records required by the County to perform toperform the services performed under this Agreement. b. Upon request from the County, provide the County with a copy of the requested records, or allow the records to be inspected or copied, within a reasonable time at a cost that does not exceed the amount set by the County. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not arenot disclosed, except as authorized by law, for the duration of this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the tothe County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.

Appears in 1 contract

Samples: Sports Incentive Fund Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Consultant: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the Consultant shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The Consultant is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this AgreementContract. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The Consultant further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the contract term and following completion of this Agreementthe Contract, if the Recipient Consultant does not transfer the records to the Countypublic agency. d. D. Upon completion or termination of this Agreement, the Contract the Consultant shall transfer, at no cost to the County, all public records in possession of the Recipient to Consultant unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Consultant transfers all public records to the County upon completion of the AgreementContract, the Recipient Consultant shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient Consultant keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the Consultant must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the Consultant to comply with the requirements of this article shall be a material breach of this Contract. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Consultant acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (000) 000, BY E-0000.MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT

Appears in 1 contract

Samples: Consulting/Professional Services Agreement

Public Records. If To the extent Recipient is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.shall: a. Keep and maintain public records required by the County to perform the services performed under this the Sponsorship Agreement.; b. Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term the Sponsorship Agreement and following completion or termination of this Agreement, the Sponsorship Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. Upon completion or termination of this the Sponsorship Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If the Recipient transfers all public the records to the County upon completion of the AgreementCounty, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient keeps and maintains the public records upon completion of this Agreementrecords, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding the Sponsorship Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Recipient will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Recipient contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Recipient must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. In the event that a third party submits a request to County for records designated by Recipient as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Recipient. Recipient shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT GROUP HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTGROUP’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS THE AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000., XXXXXX@XXXXXXX.XXX, 110 N.W. XXXXX XXXXXX, XXXXX 000, XXXX

Appears in 1 contract

Samples: Sponsorship Agreement

Public Records. If Section In accordance with §119.0701, Florida Statutes, is deemed to govern this AgreementProvider, then Recipient shall comply with when acting on behalf of the following provisions.County, shall, as required by Florida law: a. 1. Keep and maintain public records required by the County to perform the services performed under this AgreementServices. b. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Florida law or as otherwise provided by the Countylaw. c. 3. 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’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Provider does not transfer the records to the County. d. 4. Upon completion or termination of this the Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Provider or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Services. If the Recipient Provider transfers all public records to the County upon completion of the Agreement, the Recipient Provider shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Provider keeps and maintains public records upon completion of this the Agreement, the Recipient Provider shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems of the Countysystems. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone xxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxxxx.xx OR (000) 000-00000000 OR 00 XX 0XX XXXXXX, XXXXXXXXXXX, XX 00000. If Provider fails to comply with this section, Provider will be deemed in default under this Agreement. The County may enforce as set forth in §119.0701, Florida Statutes. Provider who fails to provide the public records in response to a request within a reasonable time may be subject to penalties imposed under §119.10, Florida Statute, and costs of enforcement, including fees, under §119.0701 and §119.12, Florida Statutes. Provider will take reasonable measures to protect, secure and maintain any data held by Provider in an electronic form that is or contains exempt, confidential, personal information or protected information, as defined by Florida or federal law, related to or in connection with performance of the Services. If Provider suspects or becomes aware of a security breach or unauthorized access to such data by a third party, Provider shall immediately notify the County in writing and will work, at Provider’s expense, to prevent or stop the data breach.

Appears in 1 contract

Samples: Agreement for Contractual Services

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 14.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 14.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 14.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 14.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 688.002, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT (954) 357-6402, Office of Professional StandardsLCLARKE@BROWARD.XXX, 000 X Xxxxx XxxxxxX. XXDRXXX XXX., 0xx XxxxxXXXX X- 050, Xxxxxxx XX 00000. Phone (000) 000-0000XXXX XXXXXXXXXX, FLORIDA 33301.

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If Section 119.0701A. In addition to other requirements provided herein, Contractor shall comply with public records laws embodied in Chapter 119, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.and specifically shall: a. A.1. Keep and maintain public records required by the County in order to perform the services performed under this AgreementScope of Services identified herein. b. A.2. Upon request from the County, County provide the County with a copy of the any requested records, public records or allow the requested records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set by the County. c. A.3. 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 this Agreement’s the Agreement term and following completion of this Agreement, thereafter if the Recipient Contractor does not transfer the all records to the County. d. Upon completion or termination of this Agreement, transferA.4. Transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, or keep Contractor upon termination of this Agreement and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall must be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119If the Contractor keeps and maintains public records upon the conclusion of this Agreement, FLORIDA STATUTESthe Contractor shall meet all applicable requirements for retaining public records that would apply to the County. B. If Contractor does not comply with a public records request, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTthe County shall treat that omission as a breach of this Agreement and enforce the Contract provisions accordingly. Additionally, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxif the Contractor fails to provide records when requested, Office the Contractor may be subject to penalties under Section 119.10, Florida Statutes, and reasonable costs of Professional Standardsenforcement, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000including attorney fees. Phone (000) 000-0000xxxxxxxxxxxxx@xxxxxx.xxx; xxxx://xxx.xxxxxx.xxx/publicrecords.

Appears in 1 contract

Samples: Master Construction Agreement

Public Records. Notwithstanding anything else in this Agreement, any action taken by County in compliance with, or in a good faith attempt to comply with, the requirements of Chapter 119, Florida Statutes, shall not constitute a breach of this Agreement. If Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 12.3.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 12.3.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.Applicable Law; c. 12.3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, Applicable Law for the duration of this Agreement’s term Agreement and following after completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 12.3.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements of Applicable Law for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. If Consultant receives a request for public records regarding this Agreement or the Services, Consultant must immediately notify the Contract Administrator in writing and provide all requested records to County to enable County to timely respond to the public records request. County will respond to all such public records requests. Consultant may separately submit and conspicuously label as “RESTRICTED MATERIAL – DO NOT PRODUCE” any material (a) that Consultant contends constitutes or contains its trade secrets under Chapter 688, Florida Statutes, or (b) for which Consultant asserts a right to withhold from public disclosure as confidential or otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (collectively, “Restricted Material”). In addition, Consultant must, simultaneous with the submission of any Restricted Material, provide a sworn affidavit from a person with personal knowledge attesting that the Restricted Material constitutes trade secrets or is otherwise exempt or confidential under Florida public records laws, including citing the applicable Florida statute and specifying the factual basis for each such claim. Upon request by County, Consultant must promptly identify the specific applicable statutory section that protects any particular document. If a third party submits a request to County for records designated by Consultant as Restricted Material, County shall refrain from disclosing such material unless otherwise ordered by a court of competent jurisdiction, authorized in writing by Consultant, or the claimed exemption is waived. Any failure by Consultant to strictly comply with the requirements of this section shall constitute Consultant’s waiver of County’s obligation to treat the records as Restricted Material. Consultant must indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to nondisclosure of Restricted Material in response to a third-party request. IF RECIPIENT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXX@XXXXXXX.XXX, 950 N.W. 00XX XXXXXX, XXXXXXX XXXX, XXXXXXX 00000-0000.

Appears in 1 contract

Samples: Professional Services

Public Records. If CONTRACTOR acknowledges that information and data it manages in relation to the Agreement may be public records in accordance with Chapter 119, Florida Statutes. CONTRACTOR agrees that prior to providing Services it will implement policies and procedures to maintain, produce, secure, and retain public records in accordance with applicable laws and regulations, including but not limited to Section 119.0701, Florida Statutes. Notwithstanding any other provision of this Agreement relating to compensation, is deemed the CONTRACTOR agrees to govern charge the COUNTY, and/or any third parties requesting public records only such fees allowed by Section 119.07, Florida Statutes, and County policy for locating and producing public records during the term of this Agreement, then Recipient shall comply with . A CONTRACTOR who fails to provide the following provisions. a. Keep and maintain public records required by to the County public agency within a reasonable time may be subject to perform the services performed penalties under this Agreement. b. s. 119.10. Upon request from the CountyCOUNTY's custodian of public records, CONTRACTOR will provide the County COUNTY with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the County. c. Ensure law. CONTRACTOR will 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient CONTRACTOR does not transfer the records to the County. d. COUNTY. Upon completion or termination of this Agreementthe contract, transferthe CONTRACTOR will transfer to the COUNTY, at no cost to the Countycost, all public records in possession of the Recipient to the CountyCONTRACTOR, or will keep and maintain such public records as required by the Recipient to perform the services, in accordance with Florida law. e. . If the Recipient CONTRACTOR transfers all public records to the County COUNTY upon completion of the Agreementcontract, the Recipient shall CONTRACTOR will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient CONTRACTOR keeps and maintains public records upon completion of this Agreementthe contract, the Recipient shall CONTRACTOR will meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyCOUNTY, upon request from the CountyCOUNTY's custodian of public records, in a format that is compatible with the information technology systems of the CountyCOUNTY. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119The Parties acknowledge and agree that the statements and provisions in this Section are required by Florida Statutes to be included in certain contracts. The inclusion of these provisions will not be construed to imply that the CONTRACTOR has been delegated any governmental decision-making authority, FLORIDA STATUTESgovernmental responsibility, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTor governmental function, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxor that CONTRACTOR is acting on behalf of the COUNTY as provided under section 119.011(2), Office Florida Statutes. As stated above, CONTRACTOR may contact the COUNTY with questions regarding the application of Professional Standardsthe Public Records Law; however, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000CONTRACTOR is advised to seek independent legal counsel as to its legal obligations. Phone (000) 000-0000The COUNTY cannot provide CONTRACTOR advice regarding its legal rights or obligations.

Appears in 1 contract

Samples: Goods & Services Agreement

Public Records. If Notwithstanding anything contained herein, as provided under Section 119.0701, F.S., if the Municipality: (i) provides a service; and (ii) acts on behalf of the County as provided under Section 119.011(2) F.S., the Municipality shall comply with the requirements of Section 119.0701, Florida Statutes, as it may be amended from time to time The Municipality is deemed to govern this Agreement, then Recipient shall comply with the following provisions.specifically required to: a. A. Keep and maintain public records required by the County to perform the services performed as provided under this Agreement. b. B. Upon request from the County’s Custodian of Public Records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119 or as otherwise provided by the Countylaw. The Municipality further agrees that all fees, charges and expenses shall be determined in accordance with Palm Beach County PPM CW-F-002, Fees Associated with Public Records Requests, as it may be amended or replaced from time to time. c. C. Ensure that public records that are exempt exempt, or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s the Agreement term and following completion of this the Agreement, if the Recipient Municipality does not transfer the records to the County. d. D. Upon completion or termination of this Agreement, the Agreement the Municipality shall transfer, at no cost to the County, all public records in possession of the Recipient to Municipality unless notified by County’s representative/liaison, on behalf of the County’s Custodian of Public Records, or to keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Municipality transfers all public records to the County upon completion of the Agreement, the Recipient Municipality shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the Recipient Municipality keeps and maintains public records upon completion of this the Agreement, the Recipient Municipality shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall by the Municipality must be provided to the County, upon request from of the County’s Custodian of Public Records, in a format that is compatible with the information technology systems of the County, at no cost to County. Failure of the Municipality to comply with the requirements of this article shall be a material breach of this Agreement. County shall have the right to exercise any and all remedies available to it, including but not limited to, the right to terminate for cause. Municipality acknowledges that it has familiarized itself with the requirements of Chapter 119, F.S., and other requirements of state law applicable to public records not specifically set forth herein. IF RECIPIENT THE MUNICIPALITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTMUNICIPALITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT RECORDS REQUEST, Office of Professional StandardsPALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 000 X Xxxxx XxxxxxX. XXXXX XXXXXX, 0xx XxxxxXXXX XXXX XXXXX, Xxxxxxx XX 00000. Phone (, BY E-MAIL AT XXXXXXXXXXXXXX@XXXXXX.XXX OR BY TELEPHONE AT 000) -000-0000.

Appears in 1 contract

Samples: Community Development Block Grant Agreement

Public Records. If Section 119.0701County shall comply with Chapter 119, Florida Statutes. Specifically, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.County shall: a. A. Keep and maintain public records that ordinarily and necessarily would be required by the County Department to perform the services performed under this Agreement. b. B. Upon request from the CountyDepartment’s custodian of public records, provide the County Department with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. C. 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 this Agreement’s term Agreement and following completion of this Agreement, the Agreement if the Recipient Agency does not transfer the records to the CountyDepartment. d. D. Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, Department all public records in possession of the Recipient to the County, Applicant or keep and maintain such public records required by the Recipient Department to perform the services, in accordance with Florida law. e. this Agreement. If the Recipient County transfers all public records to the County public Agency upon completion of the this Agreement, the Recipient County shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient County keeps and maintains maintain public records upon completion of this Agreement, the Recipient County shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyDepartment, upon request from the CountyDepartment’s custodian of public records, in a format that is compatible with the information technology systems of the CountyDepartment. Failure by County to act in accordance with Chapter 119 and the foregoing shall be grounds for immediate unilateral cancellation of this Agreement by the Department. County shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of County and shall promptly provide the Department a copy of Applicant’s response to each such request. IF RECIPIENT THE CONSULTANT/CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT'S/CONTRACTOR’S/VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNITAT: XxxxxxXxxxxxXxxx@xxxx.xxx, District 2 000-000-0000 D2prcustodian@ xxx.Xxxxx.XX.xx Florida Department of Transportation District 2 - Office of Professional Standards, 000 X General Counsel 0000 Xxxxx Xxxxxx Xxxxxx, 0xx XxxxxMS 2009 Lake County, Xxxxxxx XX 00000. Phone (000) 000-0000.FL 32025

Appears in 1 contract

Samples: Interlocal Agreement

Public Records. If Section 119.0701, Florida Statutes, is deemed 11.16.1 Contractor shall comply and shall require all of its Subcontractors to govern this Agreement, then Recipient shall comply with the following provisions.State of Florida’s Public Records Statute (Chapter 119), specifically to: a. (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the services performed under this Agreement.Services; b. (2) Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost as provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.Applicable Law; c. (3) Ensure that public records related to this Contract that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, Applicable Law for the duration of this Agreement’s term Contract and following completion expiration of this AgreementContract, or earlier termination thereof, if the Recipient Contractor does not transfer the records to the County.; and d. (4) Upon completion or termination of this AgreementContract, or earlier termination thereof, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Contractor or keep and maintain such for inspection and copying all public records required by the Recipient County to perform the services, in accordance with Florida lawWork. e. 11.16.2 If the Recipient Contractor, upon expiration of this Contract or earlier termination thereof: i) transfers all public records to the County upon completion of the AgreementCounty, the Recipient Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient ; and ii) keeps and maintains public records upon completion of this Agreementrecords, the Recipient Contractor shall meet all applicable Applicable Law and requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the County’s information technology systems systems. 11.16.3 Failure by Contractor to comply with the requirements of this section shall be grounds for immediate, unilateral termination of this Contract by the County. IF RECIPIENT CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNITAT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000., XXXXXXXXXXXXX@XXXXX.XX, 000 XXX XXXXXXXXX XXXX, XX. AUGUSTINE, FLORIDA 32084

Appears in 1 contract

Samples: General Services Agreement

Public Records. If Section 119.0701The cost of reproduction, access to, disclosure, non-disclosure, or exemption of records, data, documents, and/or materials, associated with this Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State and Federal provisions. Access to such public records may not be blocked, thwarted, and/or hindered by placing the public records in the possession of a third party, or an unaffiliated party. In accordance with Florida law, to the extent that Xxxxxxx's performance under this Agreement constitutes an act on behalf of the County, the Subrecipient shall comply, with all requirements of Florida's public records law. Specifically, if Grantee is deemed to govern expressly authorized, and acts on behalf of County under this Agreement, then Recipient shall comply with the following provisions.Grantee shall: a. i. Keep and maintain public records that ordinarily and necessarily would be required by the County to perform the services performed under this AgreementScope of Services. b. ii. Upon request from the County's custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost as provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. iii. Ensure that public records related to this Agreement that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, disclosed except as authorized by law, applicable law for the duration of this Agreement’s term Agreement and following completion of this Agreement, Agreement if the Recipient Grantee does not transfer the records to the County. d. iv. Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Grantee or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. Scope of Services. If the Recipient Grantee transfers all public records to the County upon completion of the this Agreement, the Recipient Grantee shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Xxxxxxx keeps and maintains public records upon completion of this Agreement, the Recipient Grantee shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the County's information technology systems systems. Failure by Grantee to comply with the requirements of this section shall be grounds for immediate, unilateral termination of this Agreement by the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119000 Xxx Xxxxxxxxx Xxxx Xx. Xxxxxxxxx, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone FL 32084 (000904) 000209-0000.0805 xxxxxxxxxxxxx@xxxxx.xx

Appears in 1 contract

Samples: Funding Agreement

Public Records. If Section 119.0701Any record created by either party in accordance with this Contract shall be retained and maintained in accordance with the public records law, Florida Statutes, is deemed to govern this Agreement, then Recipient shall Chapter 119. Contractor must comply with the following provisions.public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the services performed under this Agreementservice. b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in chapter 119 Florida Statutes or as otherwise provided by the Countylaw. c. 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient contractor does not transfer the records to the County.. DRAFT d. Upon completion or termination of this Agreementthe contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient contractor transfers all public records to the County public agency upon completion of the Agreementcontract, the Recipient contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient contractor keeps and maintains public records upon completion of this Agreementthe contract, the Recipient contractor shall meet all applicable requirements for retaining the public records, in accordance with applicable federal and Florida law. f. . All records stored stor d electronically shall must be provided to the Countypublic agency, upon the request from f om the Countypublic agency’s custodian of public records, in a format that is compatible with the information in ormation technology systems of the Countypublic agency. IF RECIPIENT THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000AT .

Appears in 1 contract

Samples: Contract for Services

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 14.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 14.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 14.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 14.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, Florida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxAT (954) 357‐6402, Office of Professional StandardsXXXXXXX@XXXXXXX.XXX, 000 X Xxxxx XxxxxxX. XXXXXXX AVE., 0xx XxxxxROOM A‐ 550, Xxxxxxx XX XXXX XXXXXXXXXX, XXXXXXX 00000. Phone (000) 000-0000.

Appears in 1 contract

Samples: Consulting Agreement

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 11.3.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 11.3.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.Applicable Law; c. 11.3.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, Applicable Law for the duration of this Agreement’s term Agreement and following after completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 11.3.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTConsultant must, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxsimultaneous with the submission of any Trade Secret Materials, Office provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If that a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of Professional Standardscompetent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. (954) , @XXXXXXX.XXX, 000 X Xxxxx XxxxxxX. XXXXXXX AVE., 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.SUITE ,

Appears in 1 contract

Samples: Consultant Services Agreement

Public Records. If Section 119.070127.1 The County is a public agency subject to Chapter 119, Florida Statutes. IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, is deemed to govern this AgreementFLORIDA STATUTES, then Recipient shall comply with the following provisions.TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (000) 000-0000, XXXXXXX@XXXXXXXXXXXXXX.XXX, 00000 XXXXXX XXXXX, XXXXX 0, a. Keep and maintain public records required by the County to perform the services performed under this Agreementprovide goods and/or services. b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in this chapter or as otherwise provided by the Countylaw. c. 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 this Agreement’s the Contract term and following completion of this Agreement, the Contract if the Recipient Vendor does not transfer the records to the County. d. Upon completion or termination of this Agreementthe Contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Vendor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Vendor transfers all public records to the County upon completion of the AgreementContract, the Recipient Vendor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Vendor keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient Vendor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. 27.2 A request to inspect or copy public records relating to the County’s contract for goods and/or services shall be made directly to the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119If the County does not possess the requested records, FLORIDA STATUTESthe County shall immediately notify the Vendor of the request, AS TO THE RECIPIENT’S DUTY TO PROVIDE and the Vendor shall provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 27.3 If the Vendor does not comply with the County’s request for records, the County shall enforce the Contract provisions in accordance with the Contract. 27.4 If the Vendor fails to provide the public records to the County within a reasonable time, the Vendor may be subject to penalties under Section 119.10, Florida Statutes. 27.5 If a civil action is filed against the Vendor to compel production of public records relating to the Contract, the Court shall assess and award against the Vendor the reasonable costs of enforcement, including reasonable attorney fees if: (a) The Court determines that the Vendor 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 Vendor has not complied with the request, to the County and to the Vendor. 27.6 A notice complies with Section 27.5 (b) hereinabove, if it is sent to the County’s 27.7 If the Vendor complies with a public records request within eight (8) business days after the notice is sent, the Vendor is not liable for the reasonable costs of enforcement. 27.8 In reference to any public records requested under this Contract, the Vendor shall identify and mark specifically any information which the Vendor considers confidential and/or proprietary, inclusive of trade secrets as defined in Section 812.081, Florida Statutes, and which the Vendor believes to be exempt from disclosure, citing specifically the applicable exempting law and including a brief written explanation as to why the cited Statute is applicable to the information claimed as confidential and/or proprietary information. All materials shall be segregated and clearly identified as "EXEMPT FROM PUBLIC RECORDS RELATING TO THIS AGREEMENTDISCLOSURE." 27.9 In conjunction with the confidential and/or proprietary information designation, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxthe Vendor acknowledges and agrees that after notice from County, Office the Vendor shall respond to a notice from the County immediately, but no later than 10 calendar days from the date of Professional Standardsnotification or the Vendor shall be deemed to have waived and consented to the release of the confidential and/or proprietary designated materials. 27.10 The Vendor further agrees that by designation of the confidential/proprietary material, 000 X Xxxxx Xxxxxxthe Vendor shall defend the County (and its employees, 0xx Xxxxxagents and elected and appointed officials) against all claims and actions (whether or not a lawsuit is commenced) related to the Vendor's designation of the material as exempt from public disclosure and to hold harmless the County (and its employees, Xxxxxxx XX 00000. Phone (000agents and elected and appointed officials) 000-0000from any award to a plaintiff for damages, costs and attorneys' fees, incurred by the County by reason of any claim or action related to the Vendor's designation of material as exempt from public disclosure.

Appears in 1 contract

Samples: Contract for Ups Battery Replacement Services

Public Records. If Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions. a. Keep and maintain public records required by the County to perform the services performed under this Agreement. b. Upon request from the County, provide the County with a copy of the requested records, or allow the records to be inspected or copied, within a reasonable time at a cost that does not exceed the amount set by the County. 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 this Agreement’s term and following completion of this Agreement, if the Recipient does not transfer the records to the County. d. Upon completion or termination of this Agreement, transfer, at no cost to the County, all public records in possession of the Recipient to the County, or keep and maintain such public records required by the Recipient to perform the services, in accordance with Florida law. e. If the Recipient transfers all public records to the County upon completion of the Agreement, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of this Agreement, the Recipient shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. All records stored electronically shall be provided to the County, upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000.

Appears in 1 contract

Samples: Sports Incentive Fund Agreement

Public Records. If Pursuant to Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient the Lessor shall comply with the following provisions.Florida Public Records’ laws, and shall: a. A. Keep and maintain public records required by the County to perform the services performed under identified in this Agreement. b. B. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided for by the Countylaw. c. C. 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient Lessor does not transfer the records to the County. d. D. Upon completion or termination of this Agreementthe contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, Lessor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient Lessor transfers all public records to the County upon completion of the Agreementcontract, the Recipient Lessor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Lessor keeps and maintains public records upon completion of this Agreementthe contract, the Recipient Lessor shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, upon request from the County’s custodian of public records, in a format that is compatible with the information technology systems of the County. IF RECIPIENT THE LESSOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTLESSOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxxRECORDS, Office XXX XXXXXX, AT LAKE COUNTY PROCUREMENT SERVICES, 352-343-9839, X.X. XXX 0000, XXXXXXX, XXXXXXX 00000, XXXXXXX@XXXXXXXXXXXX.XXX. Failure to comply with this section shall be deemed a breach of Professional Standardsthis Agreement and enforceable as set forth in Section 119.0701, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000Florida Statutes.

Appears in 1 contract

Samples: Operating Lease and Maintenance Agreement

Public Records. If Section 119.0701Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.and specifically agrees to: a. Keep and maintain public records required by the County Town to perform the services performed under this Agreementservice. b. Upon request from the CountyTown’s custodian of public records or designee, provide the County Town with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. 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 this Agreement’s term Agreement and following completion of this Agreement, Agreement if the Recipient Consultant does not transfer the records to the CountyTown. d. Upon completion or termination of this Agreement, transfer, at no cost cost, to the County, Town all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient Town to perform the services, in accordance with Florida law. e. service. If the Recipient Consultant transfers all public records to the County Town upon completion of the this Agreement, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Consultant keeps and maintains public records upon completion of this Agreement, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyTown, upon request from the CountyTown’s custodian of public records or designee, in a format that is compatible with the information technology systems of the CountyTown. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION RECORDS OR DESIGNEE AT 000-000-0000, xxxxxxxx@xxxxxxxxxxxxx.xx, OR BY MAIL AT TOWN OF CHAPTER 119HIGHLAND BEACH, FLORIDA STATUTES0000 X. XXXXX XXXXXXXXX, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTXXXXXXXX XXXXX, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000) 000-0000SECTION 40: COMPLAINCE WITH SECTION F.S. 787.06. The Consultant, by signing this Agreement as set forth below, attests that the Consultant does not use coercion for labor or services as defined in section 787.06, Florida Statutes.

Appears in 1 contract

Samples: Professional Services

Public Records. If Section 119.0701Any record created by either party in accordance with this Contract shall be retained and maintained in accordance with the public records law, Florida Statutes, is deemed to govern this Agreement, then Recipient shall Chapter 119. Contractor must comply with the following provisions.public records laws, Florida Statute chapter 119, specifically Contractor must: a. Keep and maintain public records required by the County to perform the services performed under this Agreementservice. b. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in chapter 119 Florida Statutes or as otherwise provided by the Countylaw. c. 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 this Agreement’s the contract term and following completion of this Agreement, the contract if the Recipient contractor does not transfer the records to the County. d. Upon completion or termination of this Agreementthe contract, transfer, at no cost cost, to the County, County all public records in possession of the Recipient to the County, contractor or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. service. If the Recipient contractor transfers all public records to the County public agency upon completion of the Agreementcontract, the Recipient contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient contractor keeps and maintains public records upon completion of this Agreementthe contract, the Recipient contractor shall meet all applicable requirements for retaining the public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the Countypublic agency, upon the request from the Countypublic agency’s custodian of public records, in a format that is compatible with the information technology systems of the Countypublic agency. IF RECIPIENT THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTCONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENTCONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNITAT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 0000 XXX XXXXXX XXXX XXXXXXXXX, XX 00000 PHONE: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone (000850) 000689-00005977 XXXXXXXX@XXXXXXXXXX.XXX.

Appears in 1 contract

Samples: Service Agreement

Public Records. If Section 119.0701Consultant shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, is deemed and, if determined to govern this Agreementbe acting on behalf of the Town as provided under section 119.011(2), then Recipient shall comply with the following provisions.Florida Statutes, specifically agrees to: a. Keep and maintain public records required by the County Town to perform the services performed under this Agreementservice. b. Upon request from the CountyTown’s custodian of public records or designee, provide the County Town with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time at a cost that does not exceed the amount set cost provided in Chapter 119, Florida Statutes, or as otherwise provided by the Countylaw. c. 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 this Agreement’s term Contract and following completion of this Agreement, Contract if the Recipient Consultant does not transfer the records to the CountyTown. d. Upon completion or termination of this AgreementContract, transfer, at no cost cost, to the County, Town all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient Town to perform the services, in accordance with Florida law. e. service. If the Recipient Consultant transfers all public records to the County Town upon completion of the AgreementContract, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient Consultant keeps and maintains public records upon completion of this Agreementthe Contract, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the CountyTown, upon request from the CountyTown’s custodian of public records or designee, in a format that is compatible with the information technology systems of the CountyTown. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION RECORDS OR DESIGNEE AT 000-000-0000, xxxxx@xxxxxxxxxxxxxxxxxxx.xxx, OR BY MAIL AT TOWN OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional StandardsLOXAHATCHEE XXXXXX, 000 X Xxxxx XxxxxxXXXX, 0xx XxxxxXXXXXXXXXXX XXXXXX, Xxxxxxx XX 00000FL 33470. Phone (000) 000-0000SECTION 40: COMPLAINCE WITH SECTION F.S. 787.06. The Consultant, by signing this Agreement as set forth below, attests that the Consultant does not use coercion for labor or services as defined in section 787.06, Florida Statutes.

Appears in 1 contract

Samples: Professional Services

Public Records. If To the extent SMG is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.SMG shall: a. (a) Keep and maintain public records required by the County to perform the services performed Services under this Amended Agreement.; b. (b) Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Amended Agreement and following completion or termination of this Agreement, Amended Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. (d) Upon completion or termination of this Amended Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, SMG or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If SMG transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient SMG shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsconfidential. If the Recipient SMG keeps and maintains public records upon completion of this Agreementrecords, the Recipient SMG shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. The failure of SMG to comply with the provisions of this section shall constitute a material breach of this Amended Agreement entitling County to exercise any remedy provided in this Amended Agreement or under applicable law. A request for public records regarding this Amended Agreement must be made directly to County, which will be responsible for responding to any such public records requests. SMG will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that SMG contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Florida Statutes Chapter 119) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION - TRADE SECRET.” In addition, SMG must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Florida Statutes Section 812.081 and stating the factual basis for same. In the event that a third party submits a request to County for records designated by SMG as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by SMG. SMG shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the non-disclosure of any Trade Secret Materials in response to a records request by a third party. IF RECIPIENT SMG HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, AS TO THE RECIPIENTSMG’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AMENDED AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, XXXXXXX@XXXXXXX.XXX, 000 XX 0XX XXX., XX. 000, XXXX

Appears in 1 contract

Samples: Professional Services

Public Records. If To the extent Consultant is acting on behalf of County as stated in Section 119.0701, Florida Statutes, is deemed to govern this Agreement, then Recipient shall comply with the following provisions.Consultant shall: a. 12.4.1 Keep and maintain public records required by the County to perform the services performed under this Agreement.; b. 12.4.2 Upon request from the County, provide the County with a copy of the requested records, records or allow the records to be inspected or copied, copied within a reasonable time and at a cost that does not exceed the amount set that provided in Chapter 119, Florida Statutes, or as otherwise provided by the County.law; c. 12.4.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure record requirements are not disclosed, disclosed except as authorized by law, law for the duration of this Agreement’s term Agreement and following completion or termination of this Agreement, Agreement if the Recipient does records are not transfer the records transferred to the County.; and d. 12.4.4 Upon completion or termination of this Agreement, transfertransfer to County, at no cost to the Countycost, all public records in possession of the Recipient to the County, Consultant or keep and maintain such public records required by the Recipient County to perform the services, in accordance with Florida law. e. . If Consultant transfers the Recipient transfers all public records to the County upon completion of the AgreementCounty, the Recipient Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Recipient Consultant keeps and maintains the public records upon completion of this Agreementrecords, the Recipient Consultant shall meet all applicable requirements for retaining public records, in accordance with applicable federal and Florida law. f. . All records stored electronically shall must be provided to the County, County upon request from the County, in a format that is compatible with the information technology systems of the County. IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER A request for public records regarding this Agreement must be made directly to County, who will be responsible for responding to any such public records requests. Consultant will provide any requested records to County to enable County to respond to the public records request. Any material submitted to County that Consultant contends constitutes or contains trade secrets or is otherwise exempt from production under Florida public records laws (including Chapter 119, FLORIDA STATUTESFlorida Statutes) (“Trade Secret Materials”) must be separately submitted and conspicuously labeled “EXEMPT FROM PUBLIC RECORD PRODUCTION – TRADE SECRET.” In addition, AS TO THE RECIPIENT’S DUTY TO PROVIDE PUBLIC RECORDS Consultant must, simultaneous with the submission of any Trade Secret Materials, provide a sworn affidavit from a person with personal knowledge attesting that the Trade Secret Materials constitute trade secrets under Section 812.081, Florida Statutes, and stating the factual basis for same. If a third party submits a request to County for records designated by Consultant as Trade Secret Materials, County shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by Consultant. Consultant shall indemnify and defend County and its employees and agents from any and all claims, causes of action, losses, fines, penalties, damages, judgments, and liabilities of any kind, including attorneys’ fees, litigation expenses, and court costs, relating to the nondisclosure of any Trade Secret Materials in response to a records request by a third party. RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS UNIT: XxxxxxXxxxxxXxxx@xxxx.xxx, Office of Professional Standards, 000 X Xxxxx Xxxxxx, 0xx Xxxxx, Xxxxxxx XX 00000. Phone AT (000) 000-0000, xxxxxxxx@XXXXXXX.XXX, 0 X. XXXXXXXXXX XXXXX, XXXXX X0000, XXXXXXXXXX, XXXXXXX 00000.

Appears in 1 contract

Samples: Consultant Services Agreement

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