Common use of Public Records Act Requests Clause in Contracts

Public Records Act Requests. CONTRACTOR shall cooperate with COUNTY with respect to any COUNTY demand for requested records. i. If COUNTY receives a written or oral request under the CPRA to publicly disclose any record that is in CONTRACTOR’s possession or control, and which COUNTY has a right, under any provision of this Contract or applicable law, to possess or control, then COUNTY may demand, in writing, that CONTRACTOR deliver to COUNTY, for purposes of public disclosure, the requested records that may be in the possession or control of CONTRACTOR. Within five (5) COUNTY business days after COUNTY’s demand, CONTRACTOR shall (a) deliver to COUNTY all of the requested records that are in CONTRACTOR’s possession or control, together with a written statement that CONTRACTOR, after conducting a diligent search, has produced all requested records that are in CONTRACTOR’s possession or control, or (b) provide to COUNTY a written statement that CONTRACTOR, after conducting a diligent search, does not possess or control any of the requested records. ii. If CONTRACTOR wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to COUNTY and assert the exemption by citation to specific legal authority within the written statement that it provides to COUNTY under this section. CONTRACTOR’s assertion of any exemption from disclosure is not binding on COUNTY, but COUNTY will give at least ten (10) calendar days’ advance written notice to CONTRACTOR before disclosing any record subject to CONTRACTOR’s assertion of exemption from disclosure. iii. CONTRACTOR shall indemnify COUNTY for any court-ordered award of costs or attorney’s fees under the CPRA that results from CONTRACTOR’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with COUNTY with respect to any COUNTY demand for any such records. iv. This provision shall not prohibit CONTRACTOR from seeking a protective order to prevent the disclosure of records CONTRACTOR has deemed or marked as confidential or restricted or proprietary.

Public Records Act Requests. CONTRACTOR shall cooperate with COUNTY DISTRICT with respect to any COUNTY DISTRICT demand for requested records. i. If COUNTY DISTRICT receives a written or oral request under the CPRA to publicly disclose any record that is in CONTRACTOR’s possession or control, and which COUNTY DISTRICT has a right, under any provision of this Contract or applicable law, to possess or control, then COUNTY DISTRICT may demand, in writing, that CONTRACTOR deliver to COUNTYDISTRICT, for purposes of public disclosure, the requested records that may be in the possession or control of CONTRACTOR. Within five (5) COUNTY DISTRICT business days after COUNTYDISTRICT’s demand, CONTRACTOR shall (a) deliver to COUNTY DISTRICT all of the requested records that are in CONTRACTOR’s possession or control, together with a written statement that CONTRACTOR, after conducting a diligent search, has produced all requested records that are in CONTRACTOR’s possession or control, or (b) provide to COUNTY DISTRICT a written statement that CONTRACTOR, after conducting a diligent search, does not possess or control any of the requested records. ii. If CONTRACTOR wishes to assert that any specific record or data is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or data to COUNTY DISTRICT and assert the exemption by citation to specific legal authority within the written statement that it provides to COUNTY DISTRICT under this section. CONTRACTOR’s assertion of any exemption from disclosure is not binding on COUNTYDISTRICT, but COUNTY DISTRICT will give at least ten (10) calendar days’ advance written notice to CONTRACTOR before disclosing any record subject to CONTRACTOR’s assertion of exemption from disclosure. iii. CONTRACTOR shall indemnify COUNTY DISTRICT for any court-ordered award of costs or attorney’s fees under the CPRA that results from CONTRACTOR’s delay, claim of exemption, failure to produce any such records, or failure to cooperate with COUNTY DISTRICT with respect to any COUNTY DISTRICT demand for any such records. iv. This provision shall not prohibit CONTRACTOR from seeking a protective order to prevent the disclosure of records CONTRACTOR has deemed or marked as confidential or restricted or proprietary.