PUBLIC RECORDS COMPLIANCE Clause Samples

PUBLIC RECORDS COMPLIANCE. If by providing services to COUNTY pursuant to this Agreement GRANTEE is a contractor, as defined by Section 119.0701, Florida Statutes, GRANTEE shall: 21.1 Keep and maintain public records required by the COUNTY to perform the services. 21.2 Upon request of the COUNTY’s custodian of public records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at the cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 21.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Agreement and following competition of this Agreement if GRANTEE does not transfer the records to the COUNTY. 21.4 Upon competition of this Agreement, transfer to the COUNTY, at no cost, all public records in possession of GRANTEE or keep and maintain public records required by the COUNTY to perform the services. If GRANTEE transfers all public records to the COUNTY upon competition of this Agreement, GRANTEE shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If GRANTEE keeps and maintains public records upon completion of this Agreement, GRANTEE shall meet all applicable requirements for retaining public records. All records stored electronically 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. E-mail Address: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ Mailing Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇

PUBLIC RECORDS COMPLIANCE a. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE FOLLOWING: b. The CONTRACTOR understands that by virtue of this Agreement all of its documents, records and materials of any kind, relating to the relationship created hereby, shall be open to the public for inspection in accordance with Florida law. If CONTRACTOR will act on behalf of the COUNTY, as provided under section 119.011(2), Florida Statutes, the CONTRACTOR, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: 1) Keep and maintain public records required by the COUNTY to perform the service. 2) Upon request from the COUNTY’S custodian of public records, 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 cost provided by Florida law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the CONTRACTOR does not transfer the records to the COUNTY. 4) Upon completion of the contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirement. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the 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. 5) If the CONTRACTOR does not comply with a public records request, the COUNTY shall enforce the contract provisions in accordance with the contract

PUBLIC RECORDS COMPLIANCE. If by providing services to Owner pursuant to this Contract Contractor is a contractor, as defined by Section 119.0701, Florida Statutes, Contractor shall: 33.1 Keep and maintain public records required by the County to perform the services. 33.2 Upon request of the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at the cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 33.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the term of this Contract and following competition of this Contract if Contractor does not transfer the records to the County. 33.4 Upon competition of this Contract, transfer to the County, at no cost, all public records in possession of Contractor or keep and maintain public records required by the County to perform the services. If Contractor transfers all public records to the County upon competition of this Contract, Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Contractor keeps and maintains public records upon completion of this Contract, Contractor shall meet all applicable requirements for retaining public records. All records stored electronically 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. E-mail Address: ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇ Mailing Address: ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇

PUBLIC RECORDS COMPLIANCE. A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County’s Custodian of Public Records, 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 cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (▇▇▇) ▇▇▇-▇▇▇▇ Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement.

PUBLIC RECORDS COMPLIANCE. In addition to other contract requirements provided by law, the Contractor must comply with Florida public records laws, including but not limited to chapter 119, Florida Statutes and section 24 of article I of the Constitution of Florida, and specifically agrees to: a. Keep and maintain public records that ordinarily and necessarily would be required by the School District of Volusia County in order to perform the service to the district under this agreement; b. Provide the public with access to public records on the same terms and conditions that the School District of Volusia County would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law; c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d. Meet all requirements for retaining public records and transfer, at no cost, to the School District of Volusia County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the School District of Volusia County in a format that is compatible with the information technology systems of the School District of Volusia County. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this agreement and the School District of Volusia County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney’s fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract.

PUBLIC RECORDS COMPLIANCE. A. In addition to other requirements provided herein, the Design-Build Firm shall comply with public records laws embodied in Chapter 119, Florida Statutes, and specifically shall: 1) Keep and maintain public records required by the County in order to perform the Work identified herein. 2) Upon request from the County, the Design-Build Firm shall provide the County with any requested public records or allow the requested records to be inspected or copied within a reasonable time by the County. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and thereafter if the Design- Build Firm does not transfer all records to the County. 4) Transfer, at no cost, to County all public records in possession of the Design-Build Firm upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically 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 the Design-Build Firm keeps and maintains public records upon the conclusion of this Agreement, the Design-Build Firm shall meet all applicable requirements for retaining public records that would apply to the County. B. If the Design-Build Firm does not comply with a public records request, the County shall treat that omission as breach of this Agreement and enforce the contract provisions accordingly. Additionally, if the Design-Build Firm fails to provide records when requested, the Design-Build Firm may be subject to penalties under Section 119.10, Florida Statutes, and reasonable costs of enforcement, including attorney fees. FORT ▇▇▇▇▇, FL 33901, ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇; ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/publicrecords.

PUBLIC RECORDS COMPLIANCE. Contractor shall comply with public records laws as set forth in Chapter 119, Florida Statutes, and shall specifically: (a) Keep and maintain public records required by the City to perform the service. (b) Upon request from the City’s custodian of public records, provide the City with a copy of the requested record or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Section 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the Contractor does not transfer the records to the City. (d) Upon completion of the Contract, Contractor shall transfer to the City, at no cost, all public records in possession of the Contractor and destroy any duplicate public records that are exempt from public records disclosure requirements. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. If Contractor does not comply with a public records request, the City shall deem the non- compliance a breach of this Contract, and the Contractor may be subject to penalties under Section 119.0701, Florida Statutes. CONTRACTOR QUESTIONS RELATING TO CONTRACTOR’S DUTIES TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT MUST BE FORWARDED TO THE OFFICE OF THE CITY CLERK, CITY HALL, ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇; TELEPHONE: (▇▇▇) ▇▇▇-▇▇▇▇; E-MAIL: CITYCLERK@PORT- ▇▇▇▇▇▇.▇▇▇.

PUBLIC RECORDS COMPLIANCE. To the extent the Builder is acting on behalf of Toho as provided under Section 119.0701 of the Florida Statutes, the Builder shall: a. Keep and maintain public records required by Toho to perform the services under this Agreement. b. Upon request from Toho’s custodian of public records, provide Toho with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 of the Florida Statutes or otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement term and following completion of the Project if the Builder does not transfer the records to Toho. d. Upon completion of the Project, transfer, at no cost, to Toho all public records in possession of the Builder or keep and maintain public records required by Toho to perform the service. If the Builder transfers all public records to Toho upon completion of the Project, the Builder shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Builder keeps and maintains public records upon completion of the Project, the Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Toho, upon request from Toho’s custodian of public records, in a format that is compatible with the information technology systems of Toho. e. If Builder fails to provide the public records to Toho within a reasonable time, the Builder may be subject to penalties under Section 119.10 of the Florida Statutes. PUBLIC RECORDS AT: ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇- ▇▇▇-▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇ Boulevard Kissimmee, FL 34741.

PUBLIC RECORDS COMPLIANCE. If by providing services to COUNTY pursuant to this Agreement GRANTEE is a contractor, as defined by Section 119.0701, Florida Statutes, GRANTEE shall: