Common use of Public Records Act Requests Clause in Contracts

Public Records Act Requests. If the County receives a written or oral request 9 under the CPRA to publicly disclose any record that is in the City’s possession or control, and 10 which the County has a right, under any provision of this MOU or applicable law, to possess or 11 control, then the County may demand, in writing, that the City deliver to the County, for 12 purposes of public disclosure, the requested records that may be in the possession or control of the City. Within five business days after the County’s demand, the City shall (a) deliver to the County all of the requested records that are in the City’s possession or control, together with a written statement that the City, after conducting a diligent search, has produced all requested records that are in the City’s possession or control, or (b) provide to the County a written 16 statement that the City, after conducting a diligent search, does not possess or control any of 17 the requested records. The City shall cooperate with the County with respect to any County 18 demand for such records. If the City wishes to assert that any specific record or data is exempt 19 from disclosure under the CPRA or other applicable law, it must deliver the record or data to the 20 County and assert the exemption by citation to specific legal authority within the written 21 statement that it provides to the County under this section. The City’s assertion of any exemption from disclosure is not binding on the County, but the County will give at least 10 days’ advance written notice to the City before disclosing any record subject to the City’s assertion of exemption from disclosure. The City shall indemnify the County for any court- ordered award of costs or attorney’s fees under the CPRA that results from the City’s delay, 1 claim of exemption, failure to produce any such records, or failure to cooperate with the County 2 with respect to any County demand for any such records.

Public Records Act Requests. If the County receives a written or oral request 9 6 under the CPRA to publicly disclose any record that is in the City’s Consultant's possession or control, 7 and 10 which the County has a right, under any provision of this MOU Agreement or applicable law, to 8 possess or 11 control, then the County may demand, in writing, that the City Consultant deliver to the 9 County, for 12 purposes of public disclosure, the requested records that may be in the possession 10 or control of the CityConsultant . Within five business days after the County’s demand, the City 11 Consultant shall (a) deliver to the County all of the requested records that are in the City12 Consultant’s possession or control, together with a written statement that the CityConsultant, after 13 conducting a diligent search, has produced all requested records that are in the CityConsultant’s 14 possession or control, or (b) provide to the County a written 16 statement that the CityConsultant, after 15 conducting a diligent search, does not possess or control any of 17 the requested records. The City 16 Consultant shall cooperate with the County with respect to any County 18 demand for such 17 records. If the City Consultant wishes to assert that any specific record or data is exempt 19 from 18 disclosure under the CPRA or other applicable law, it must deliver the record or data to the 20 19 County and assert the exemption by citation to specific legal authority within the written 21 20 statement that it provides to the County under this section. The CityConsultant’s assertion of any 21 exemption from disclosure is not binding on the County, but the County will give at least 10 22 days’ advance written notice to the City Consultant before disclosing any record subject to the City’s assertion of exemption from disclosure. The City shall indemnify the County 24 for any court- court-ordered award of costs or attorney’s fees under the CPRA that results from the City25 Consultant’s delay, 1 claim of exemption, failure to produce any such records, or failure to 26 cooperate with the County 2 with respect to any County demand for any such records.. 27 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 Disclosure of Self-Dealing Transactions

Public Records Act Requests. If the County receives a written or oral request 9 14 under the CPRA to publicly disclose any record that is in the CityContractor’s possession or control, 15 and 10 which the County has a right, under any provision of this MOU Agreement or applicable law, to 16 possess or 11 control, then the County may demand, in writing, that the City Contractor deliver to the 17 County, for 12 purposes of public disclosure, the requested records that may be in the possession 18 or control of the CityContractor. Within five business days after the County’s demand, the City 19 Contractor shall (a) deliver to the County all of the requested records that are in the CityContractor’s 20 possession or control, together with a written statement that the CityContractor, after conducting a 21 diligent search, has produced all requested records that are in the CityContractor’s possession or 22 control, or (b) provide to the County a written 16 statement that the CityContractor, after conducting a 23 diligent search, does not possess or control any of 17 the requested records. The City Contractor shall 24 cooperate with the County with respect to any County 18 demand for such records. If the City 25 Contractor wishes to assert that any specific record or data is exempt 19 from disclosure under the 26 CPRA or other applicable law, it must deliver the record or data to the 20 County and assert the 27 exemption by citation to specific legal authority within the written 21 statement that it provides to 28 the County under this section. The CityContractor’s assertion of any exemption from disclosure is 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 not binding on the County, but the County will give at least 10 days’ advance written notice to 2 the City Contractor before disclosing any record subject to the CityContractor’s assertion of exemption 3 from disclosure. The City Contractor shall indemnify the County for any court- court-ordered award of costs 4 or attorney’s fees under the CPRA that results from the CityContractor’s delay, 1 claim of exemption, 5 failure to produce any such records, or failure to cooperate with the County 2 with respect to any 6 County demand for any such records.

Public Records Act Requests. If the County receives a written or oral request 9 14 under the CPRA to publicly disclose any record that is may be in the CityContractor’s possession or controlpossession, and 10 which the County has a right, under any provision of this MOU or applicable law, to possess or 11 control, 15 then the County may demand, in writing, that the City Contractor deliver to the County, for 12 purposes 16 of public disclosure, the requested records that may be in the possession or control of the CityContractor 17 provided that prior to making the demand, the County will first determine whether the requested 18 record is a public record and whether the County controls the record. Within five business days 19 after the County’s demand, the City Contractor shall (a) deliver to the County all of the any requested public 20 records that are in the CityContractor’s possession or controlpossession, together with a written statement that the City21 Contractor, after conducting a diligent search, has produced all requested public records that 22 are in the CityContractor’s possession or controlpossession, or (b) provide to the County a written 16 statement that the City23 Contractor, after conducting a diligent search, does not possess or control any of 17 the requested public 24 records. The City Contractor shall cooperate with the County with respect to any County 18 demand for 25 such public records. If the City Contractor wishes to assert that any specific record or data is exempt 19 26 from disclosure under the CPRA or other applicable law, it must deliver the record or data to the 20 27 County and assert the exemption by citation to specific legal authority within the written 21 28 statement that it provides to the County under this section. The CityContractor’s assertion of any 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 exemption from disclosure is not binding on the County, but the County will give at least 10 2 days’ advance written notice to the City Contractor before disclosing any record subject to the City3 Contractor’s assertion of exemption from disclosure. The City Contractor shall indemnify the County 4 for any court- court-ordered award of costs or attorney’s fees under the CPRA that results from the City5 Contractor’s delay, 1 claim of exemption, failure to produce any such records, or failure to 6 cooperate with the County 2 with respect to any County demand for any such records.

Public Records Act Requests. If the County receives a written or oral request 9 28 under the CPRA to publicly disclose any record that is in the CityConsultant’s possession or control, and 10 which the County has a right, under any provision of this MOU Agreement or applicable 1 law, to possess or 11 control, then the County may demand, in writing, that the City Consultant deliver 2 to the County, for 12 purposes of public disclosure, the requested records that may be in the 3 possession or control of the CityConsultant. Within five business days after the County’s demand, 4 the City Consultant shall (a) deliver to the County all of the requested records that are in the City5 Consultant’s possession or control, together with a written statement that the CityConsultant, after 6 conducting a diligent search, has produced all requested records that are in the CityConsultant’s 7 possession or control, or (b) provide to the County a written 16 statement that the CityConsultant, after 8 conducting a diligent search, does not possess or control any of 17 the requested records. The City 9 Consultant shall cooperate with the County with respect to any County 18 demand for such 10 records. If the City Consultant wishes to assert that any specific record or data is exempt 19 from 11 disclosure under the CPRA or other applicable law, it must deliver the record or data to the 20 12 County and assert the exemption by citation to specific legal authority within the written 21 13 statement that it provides to the County under this section. The CityConsultant’s assertion of any 14 exemption from disclosure is not binding on the County, but the County will give at least 10 15 days’ advance written notice to the City Consultant before disclosing any record subject to the City16 Consultant’s assertion of exemption from disclosure. The City Consultant shall indemnify the 17 County for any court- court-ordered award of costs or attorney’s fees under the CPRA that results 18 from the CityConsultant’s delay, 1 claim of exemption, failure to produce any such records, or failure 19 to cooperate with the County 2 with respect to any County demand for any such records.. 20