Common use of Public Records Act Requests Clause in Contracts

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