Common use of Public Records Clause in Contracts

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 114 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Public Records. The Provider will comply Department may unilaterally terminate the Contract if the Contractor refuses to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with Chapter 119the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution or section 119.07(1), Florida Statutes. If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, Florida’s public record law. The Provider will keep the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the OAG Department in order to perform all services required under this Agreement. A request the service. (b) Provide the public with access to inspect or copy public records relating to this Agreement must be made directly to on the OAG. If same terms and conditions that the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Department would provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt confidential or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law law. (d) Meet all requirements for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the retaining public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically and transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, Department all public records in possession of the Provider. If the Provider transfers all public records to the OAG Contractor upon completion or termination of the Agreement, the Provider will contract and destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, Department in a format that is compatible with the information technology systems of the OAGDepartment. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records If Contractor considers any portion of materials made or maintained by received in the Provider in conjunction with this Agreement, unless course of performing the records are exempt from Contract (“contract related materials”) to be trade secret under section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇Contractor must simultaneously provide the Department with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled “Confidential.▇▇▇” The redacted copy should only redact those portions of material that the Contractor claims is confidential, OFFICE OF THE ATTORNEY GENERALproprietary, PL-01trade secret or otherwise not subject to disclosure. If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated “confidential.” If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, THE CAPITOLthe appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, TALLAHASSEEwithin timeframes established by statute and court rule, FL 32399-1050to protect the materials designated as “confidential” from disclosure. Contractor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Contractor’s determination that the redacted portions of its proposal are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Contractor fails to submit a redacted copy of information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records.

Appears in 19 contracts

Sources: Information Technology Staff Augmentation Services Contract, Information Technology Independent Verification and Validation Contract, Information Technology Independent Verification and Validation Contract

Public Records. The Provider will comply Department may unilaterally terminate the Contract if the Contractor refuses to allow access to all public records, including documents, papers, letters, or other material made or received by the Contractor in conjunction with Chapter 119the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution or section 119.07(1), Florida Statutes. If, under this contract, the Contractor is providing services and is acting on behalf of the Department as provided under section 119.011(2), Florida Statutes, Florida’s public record law. The Provider will keep the Contractor, subject to the terms of section 287.058(1)(c), Florida Statutes, and any other applicable legal and equitable remedies, shall: (a) Keep and maintain public records that ordinarily and necessarily would be required by the OAG Department in order to perform all services required under this Agreement. A request the service. (b) Provide the public with access to inspect or copy public records relating to this Agreement must be made directly to on the OAG. If same terms and conditions that the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Department would provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt confidential or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law law. (d) Meet all requirements for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the retaining public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically and transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, Department all public records in possession of the Provider. If the Provider transfers all public records to the OAG Contractor upon completion or termination of the Agreement, the Provider will contract and destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, Department in a format that is compatible with the information technology systems of the OAGDepartment. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records If Contractor considers any portion of materials made or maintained by received in the Provider in conjunction with this Agreement, unless course of performing the records are exempt from Contract (“contract related materials”) to be trade secret under section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as “confidential” when submitted to the Department. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇Contractor must simultaneously provide the Department with a separate redacted copy of the information it claims as Confidential and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. This redacted copy shall contain the Contract name and number, and shall be clearly titled “Confidential.▇▇▇” The redacted copy should only redact those portions of material that the Contractor claims is confidential, OFFICE OF THE ATTORNEY GENERALproprietary, PL-01trade secret or otherwise not subject to disclosure. If the Department receives a public records request for contract-related materials designated by the Contractor as “confidential,” the Department will provide only the portions of the contract-related materials not designated as “confidential.” If the requester asserts a right to examine contract-related materials designated as “confidential,” the Department will notify the Contractor. The Contractor will be responsible for responding to and resolving all claims for access to contract- related materials it has designated “confidential.” If the Department is served with a request for discovery of contract-related materials designated “confidential,” the Department will promptly notify the Contractor about the request. The Contractor will be responsible for filing, THE CAPITOLthe appropriate motion or objection in response to the request for discovery. The Department will provide materials designated “confidential” only if the Contractor fails to take appropriate action, TALLAHASSEEwithin timeframes established by statute and court rule, FL 32399-1050to protect the materials designated as “confidential” from disclosure. Contractor shall protect, defend, and indemnify the Department for any and all claims arising from or relating to Contractor’s determination that the redacted portions of its proposal are confidential, proprietary, trade secret, or otherwise not subject to disclosure. If Contractor fails to submit a redacted copy of information it claims is Confidential, the Department is authorized to produce the entire documents, data, or records submitted to the Department in answer to a public records request for these records.

Appears in 17 contracts

Sources: Information Technology Independent Verification and Validation Contract, Information Technology Independent Verification and Validation Contract, Independent Verification and Validation Contract

Public Records. The Provider will CONSULTANT shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and, if determined to be acting on behalf of the City as provided under section 119.011(2), Florida Statutes, specifically agrees to: (a) Keep and maintain public records required by the OAG City to perform all services required under this Agreement. A the service. (b) Upon request to inspect or copy from the City’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested recordsor designee, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG City with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the this Agreement term and following completion of the this Agreement if the Provider CONSULTANT does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation City. (d) Upon completion of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the City all public records to in possession of the OAG upon becoming aware of any impending closure CONSULTANT or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG City to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider CONSULTANT transfers all public records to the OAG City upon completion or termination of the Agreement, the Provider will CONSULTANT shall destroy all any duplicate public records that are exempt or confidential and or exempt from public records disclosure requirements. If the Provider CONSULTANT keeps and maintains public records upon completion of the Agreement, it must the CONSULTANT shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCity, upon request from the City’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records or designee, in a format that is compatible with the information technology systems of the OAGCity. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERALOR ▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇, PL-01LAKE WORTH BEACH, THE CAPITOL, TALLAHASSEE, FL 32399-1050FLORIDA 33460.

Appears in 17 contracts

Sources: Continuing Professional Services Agreement, Continuing Professional Services Agreement, Continuing Professional Services Agreement

Public Records. The Provider will comply with Chapter 119Seller acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Seller must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Seller shall: (1) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. (2) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Seller shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . (3) The Provider must Seller shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. (4) The Seller shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Seller or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Seller transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Seller shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Seller keeps and maintains public records upon completion of the Agreementcontract, it must the Seller shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. (5) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. (6) If Seller does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Seller who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (8) If a civil action is filed against a Seller to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Seller the reasonable costs of enforcement, including reasonable attorney fees, if: (a) The court determines that the Seller unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Seller has not complied with the request, to the public agency and to the Seller. (9) A notice complies with subparagraph (8)b if it is sent to the public agency's custodian of public records and to the Seller at the Seller's address listed on its contract with the public agency or to the Seller's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. (10) A Seller who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 10 contracts

Sources: Service Agreement, Service Agreement, Hvac Repair and Replacement Agreement

Public Records. A. The Provider PROVIDER will comply with Chapter 119, Florida Statutes, Florida’s public record records law. The Provider Pursuant to section119.071, Florida Statutes, the PROVIDER will keep and maintain public records required by the OAG AGENCY to perform all services required under this AgreementCONTRACT. A request to inspect or copy public records relating to this Agreement must be made directly to the OAGAGENCY. If the OAG AGENCY does not possess the requested records, the OAG AGENCY will immediately notify the Provider of the request. Upon request by the OAG AGENCY to inspect or copy public records relating to this Agreement, the Provider will provide the OAG AGENCY with a copy of the requested records at no cost to the OAG AGENCY, or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider PROVIDER must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider PROVIDER does not transfer the records to the OAG. AGENCY. B. If the Provider PROVIDER fails to provide the public records to the OAG AGENCY within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAGAGENCY. In the event the ProviderPROVIDER’s business closes or the Provider PROVIDER is permanently unable to perform under this Agreement, the Provider PROVIDER will electronically transfer, at no cost, all public records to the OAG AGENCY upon becoming aware of any impending closure or event that renders the Provider PROVIDER unable to perform said services. Upon completion of this Agreement, the Provider PROVIDER will keep and maintain public records required by the OAG AGENCY to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAGAGENCY, at no cost to the OAGAGENCY, all public records in possession of the ProviderPROVIDER. If the Provider PROVIDER transfers all public records to the OAG AGENCY upon completion or termination of the Agreement, the Provider PROVIDER will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider PROVIDER keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGAGENCY, upon request of its Custodian of Public Records, at no cost to the OAGAGENCY, in a format compatible with the information technology systems of the OAGAGENCY. The OAG AGENCY may unilaterally terminate this Agreement if the Provider PROVIDER refuses to allow access to all public records made or maintained by the Provider PROVIDER in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PL-01▇▇-▇▇, THE CAPITOL▇▇▇ ▇▇▇▇▇▇▇, TALLAHASSEE▇▇▇▇▇▇▇▇▇▇▇, FL 32399-1050▇▇ ▇▇▇▇▇.

Appears in 10 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Public Records. The Provider will CONTRACTOR shall comply with Florida’s Public Records Laws, Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and, if it is acting on behalf of the CITY as provided under section 119.011(2), the CONTRACTOR specifically agrees to: (a) Keep and maintain public records required by the OAG CITY to perform all the services required under this Agreement. A . (b) Upon request to inspect or copy from the CITY’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG CITY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable tie at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing said public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement Agreement, if the Provider CONTRACTOR does not transfer the records to the OAG. If CITY. (d) Upon the Provider fails to provide completion of the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the CITY all public records to in possession of the OAG upon becoming aware of any impending closure CONTRACTOR or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG CITY to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If the Provider CONTRACTOR transfers all public records to the OAG CITY upon completion or termination of the Agreement, the Provider will CONTRACTOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider CONTRACTOR keeps and maintains public records upon completion of the Agreement, it must the CONTRACTOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCITY, upon request from the CITY’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGCity. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR ▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, OFFICE OF THE ATTORNEY GENERALLAKE WORTH BEACH, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050FLORIDA 33460.

Appears in 9 contracts

Sources: Agreement for Goods and Services, Goods and Services Agreement, Goods and Services Agreement

Public Records. The Provider CONSULTANT will be required to comply with Chapter 119Section 119.0701, Florida Statutes, Florida’s public record law. The Provider will keep as may be amended from time to time, specifically to: a) Keep and maintain public records required by the OAG City of Clearwater (hereinafter “public agency”) to perform all services required under this Agreement. A the service being provided by the contractor hereunder. b) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency’s custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided for in Chapter 119, Florida Statutes, as may be amended from time to time, or as otherwise provided by law. The Provider must ensure . c) Ensure that in allowing the public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. d) Upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure contractor or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider contractor transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will contractor shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider contractor keeps and maintains public records upon completion of the Agreementcontract, it must the contractor shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGpublic agency. e) A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. f) The OAG may unilaterally terminate this Agreement contractor hereby acknowledges and agrees that if the Provider refuses contractor does not comply with the public agency’s request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A contractor who fails to allow access to all provide the public records made or maintained by to the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15public agency within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. h) If a civil action is filed against a contractor to compel production of public records relating to a public agency’s contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor.▇▇▇ i) A notice complies with subparagraph (h)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. Such notices must be sent by common carrier delivery service or by registered, OFFICE OF THE ATTORNEY GENERALGlobal Express Guaranteed, PL-01or certified mail, THE CAPITOLwith postage or shipping paid by the sender and with evidence of delivery, TALLAHASSEE, FL 32399-1050which may be in an electronic format.

Appears in 6 contracts

Sources: Consulting Agreement, Consulting Agreement, Professional Services Agreement

Public Records. The Provider will comply with Chapter 119Seller acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Seller must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Seller shall: (1) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. (2) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Seller shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . (3) The Provider must Seller shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. (4) The Seller shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Seller or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Seller transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Seller shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Seller keeps and maintains public records upon completion of the Agreementcontract, it must the Seller shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. (5) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. (6) If Seller does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Seller who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (8) If a civil action is filed against a Seller to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Seller the reasonable costs of enforcement, including reasonable attorney fees, if: (a) The court determines that the Seller unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Seller has not complied with the request, to the public agency and to the Seller. (9) A notice complies with subparagraph (8)(b) if it is sent to the public agency's custodian of public records and to the Seller at the Seller's address listed on its contract with the public agency or to the Seller's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. (10) A Seller who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 5 contracts

Sources: Purchase Agreement, Generator Preventative Maintenance Agreement, Agreement for Rehabilitation Services

Public Records. The Provider will CONTRACTOR shall comply with Florida’s Public Records Act, Chapter 119, Florida Statutes, Florida’s public record lawand, if determined to be acting on behalf of the CITY as provided under section 119.011(2), Florida Statutes, specifically agrees to: 1. The Provider will keep Keep and maintain public records required by the OAG CITY to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice. 2. Upon request by from the OAG to inspect or copy CITY’s custodian of public records relating to this Agreementor designee, the Provider will provide the OAG CITY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the this Agreement term and following completion of the this Agreement if the Provider CONTRACTOR does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said servicesCITY. 4. Upon completion of this Agreement, transfer, at no cost, to the Provider will CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the OAG CITY to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider CONTRACTOR transfers all public records to the OAG CITY upon completion or termination of the Agreement, the Provider will CONTRACTOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider CONTRACTOR keeps and maintains public records upon completion of the Agreement, it must the CONTRACTOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCITY, upon request from the CITY’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records or designee, in a format that is compatible with the information technology systems of the OAGCITY. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, PLEASE CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT THE CITY OF LAKE WORTH BEACH, ATTN: CITY CLERK, AT (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, CITY ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL▇ ▇. ▇▇▇▇▇ ▇▇▇▇▇▇▇, PL-01, THE CAPITOL, TALLAHASSEELAKE WORTH BEACH, FL 32399-105033460.

Appears in 4 contracts

Sources: Agreement for Pump, Motor and Equipment Services, Underground Utility Parts Supplier Agreement, On Call Large Pipeline Contractor Services Agreement

Public Records. The Provider will CONTRACTOR shall comply with Florida’s Public Records Laws, Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and, if it is acting on behalf of the CITY as provided under section 119.011(2), the CONTRACTOR specifically agrees to: (a) Keep and maintain public records required by the OAG CITY to perform all the services required under this Agreement. A . (b) Upon request to inspect or copy from the CITY’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG CITY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable tie at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing said public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement Agreement, if the Provider CONTRACTOR does not transfer the records to the OAG. If CITY. (d) Upon the Provider fails to provide completion of the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the CITY all public records to in possession of the OAG upon becoming aware of any impending closure CONTRACTOR or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG CITY to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If the Provider CONTRACTOR transfers all public records to the OAG CITY upon completion or termination of the Agreement, the Provider will CONTRACTOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider CONTRACTOR keeps and maintains public records upon completion of the Agreement, it must the CONTRACTOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCITY, upon request from the CITY’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGCity. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERALOR ▇ ▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇, PL-01LAKE WORTH BEACH, THE CAPITOL, TALLAHASSEE, FL 32399-1050FLORIDA 33460.

Appears in 3 contracts

Sources: Goods and Services Agreement, Custodial Services Agreement, Custodial Services Agreement

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider Florida¶V SXEOLF UHFRUG ODZ 7KH 3URYLGHU will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the 2$* ,I WKH 2$* GRHV QRW SRVVHVV WKH UHTXHVWHG UHFRUGV WKH 2$* ZLOO LPPHGLDWHO\ QRWLI\ WKH 3URYLGHU RI WKH request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law RI &KDSWHU )ORULGD 6WDWXWHV RU RWKHU SURYLVLRQV RI )ORULGD ODZ DUH QRW GLVFORVHG H[FHSW DV DXWKRUL]HG E\ ODZ for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s Provider¶s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s Florida¶s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section Section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 3 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Public Records. The Provider will comply with Chapter 119Seller acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Seller must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Seller shall: (1) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. (2) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Seller shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . (3) The Provider must Seller shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. (4) The Seller shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Seller or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Seller transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Seller shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Seller keeps and maintains public records upon completion of the Agreementcontract, it must the Seller shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. (5) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. (6) If Seller does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Seller who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (8) If a civil action is filed against a Seller to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Individual Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: (a) The court determines that the Seller unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Seller has not complied with the request, to the public agency and to the Seller. (9) A notice complies with subparagraph (8)(b) if it is sent to the public agency's custodian of public records and to the Seller at the Seller's address listed on its contract with the public agency or to the Seller's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. (10) A Seller who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 3 contracts

Sources: Street Sweeping Agreement, Roof Replacement Agreement, Construction Contract

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG OAG, or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 3 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, or other provisions of Florida law, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section Section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Public Records. The Provider will comply with Chapter 119Vendor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Vendor must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Vendor shall: (1) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. (2) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Vendor shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . (3) The Provider must Vendor shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. (4) The Vendor shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Vendor or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Vendor transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Vendor shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Vendor keeps and maintains public records upon completion of the Agreementcontract, it must the Vendor shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. (5) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Vendor of the request, and the Vendor must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. (6) If Vendor does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Vendor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (8) If a civil action is filed against a Vendor to compel production of public records relating to a public agency's contract for services, 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 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 public agency and to the Vendor. (9) A notice complies with subparagraph (8)(b) if it is sent to the public agency's custodian of public records and to the Vendor at the Vendor's address listed on its contract with the public agency or to the Vendor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. (10) A Vendor who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 2 contracts

Sources: Agreement for Services, Laboratory Analysis Services Agreement

Public Records. The Provider will comply with Chapter 119Contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Contractor shall: a. Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. b. Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Contractor shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . c. The Provider must Contractor shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. d. The Contractor shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Contractor or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Contractor transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Contractor shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Contractor keeps and maintains public records upon completion of the Agreementcontract, it must the Contractor shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. e. A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made or maintained by directly to the Provider in conjunction with this Agreementpublic agency. If the public agency does not possess the requested records, unless the public agency shall immediately notify the Contractor of the request, and the Contractor must provide the records are exempt from section 24(a) of Art. Ito the public agency or allow the records to be inspected or copied within a reasonable time. f. If Contractor does not comply with a public agency's request for records, Florida State Constitution, and sections 119.07(1) or 960.15the public agency shall enforce the contract provisions in accordance with the Contract. g. A Contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under §119.10, Florida Statutes. h. If a civil action is filed against a Contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: i. The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and ii. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the public agency and to the Contractor. i. A notice complies with subparagraph 4.(h).ii. if it is sent to the public agency's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the public agency or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. j. A Contractor who complies with a public records request within 8 business days k. 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: City of ▇▇▇▇▇▇▇, Attn: ▇▇▇ ▇▇▇▇▇▇, City Clerk, ▇▇▇ ▇ ▇▇▇▇▇▇▇▇▇▇▇▇., ▇▇▇▇▇▇▇, FL 33935. ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (▇▇▇.) ▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.▇▇▇▇

Appears in 2 contracts

Sources: Piggyback Agreement, Piggyback Agreement

Public Records. The Provider will comply with Chapter 119Contractor acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Contractor must comply with public records laws of the State of Florida’s public record law. The Provider will keep Contractor shall: (1) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. (2) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Contractor shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . (3) The Provider must Contractor shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. (4) The Contractor shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Contractor or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Contractor transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Contractor shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Contractor keeps and maintains public records upon completion of the Agreementcontract, it must the Contractor shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. (5) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Contractor of the request, and the Contractor must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. (6) If Contractor does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. (7) A Contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. (8) If a civil action is filed against a Contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Contractor the reasonable costs of enforcement, including reasonable attorney fees, if: (a) The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Contractor has not complied with the request, to the public agency and to the Contractor. (9) A notice complies with subparagraph (8)(b) if it is sent to the public agency's custodian of public records and to the Contractor at the Contractor's address listed on its contract with the public agency or to the Contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. (10) A Contractor who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Artenforcement. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050▇ City of Lake Wales Attn: City Clerk (Remainder of Page Left Intentionally Blank.)

Appears in 2 contracts

Sources: Developers’ Utility Agreement, Developers’ Utility Agreement

Public Records. The Provider will comply with Any and all records produced or used regarding this Contract are subject to Chapter 119, 119 of the Florida Statutes. Absent a valid exemption, Florida’s public record law. The Provider Contractor will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials material subject to Chapter 119 that are made or received by Contractor in conjunction with this AgreementContract. Pursuant to section 119.0701, those the Contractor will: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the Services; 2. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law law; 4. Meet all requirements for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the retaining public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically and transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, Department all public records in possession of the Provider. If the Provider transfers all public records to the OAG contractor upon completion or termination of the Agreement, the Provider will contract and destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, Department in a format that is compatible with the information technology systems of the OAGpublic agency. The OAG may unilaterally terminate Violation of this Agreement if section will constitute grounds for termination of the Provider refuses Contract at the discretion of the Department. If Contractor considers any portion of a public record to allow access be confidential, trade secret or otherwise not subject to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15disclosure pursuant to Chapter 119, Florida Statutes, the Florida Constitution or other authority, Contractor will upon request provide the Department with a separate redacted version of the record and briefly describe in writing the grounds for claiming exemption from the public records law, including the specific statutory citation for such exemption. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇This redacted copy will be clearly titled “Redacted Copy.▇▇▇” The Redacted Copy must only exclude or obliterate those exact portions which are claimed confidential, OFFICE OF THE ATTORNEY GENERALproprietary or trade secret. Contractor will be responsible for defending its determination that the redacted portions are confidential, PL-01trade secret or otherwise not subject to disclosure. Further, THE CAPITOLContractor will protect, TALLAHASSEEdefend and indemnify the Department for any and all claims arising from or relating to the determination that the redacted portions are confidential, FL 32399-1050proprietary, trade secret or otherwise not subject to disclosure. If Contractor fails to submit a Redacted Copy to the Department, the Department is authorized to produce the entire documents, data or records in answer to a public records request for these records.

Appears in 2 contracts

Sources: Contract for Post Payment Claims Review Services, Contract for Post Payment Claims Review Services

Public Records. The Provider will Concessionaire shall comply with Florida Statute Chapter 119, the Florida StatutesPublic Records Act as it relates to records kept and maintained by the Concessionaire in performance of services pursuant to this Agreement. IF THE CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, Florida’s public record lawFLORIDA STATUTES, TO THE CONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: ▇▇▇▇▇ ▇▇▇▇ - DIRECTOR OF COMMUNICATIONS AT: PHONE: ▇▇▇-▇▇▇-▇▇▇▇, E-MAIL: ▇▇▇▇▇.▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ADDRESS: ATTN: COMMUNICATIONS DEPARTMENT, ▇▇▇ ▇. The Provider will ▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇., ▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇. In accordance with Florida Statute §119.0701, Concessionaire shall keep and maintain public records required by the OAG City in performance of services pursuant to perform all services required under this Agreement. A Upon request to inspect or copy from the City’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Concessionaire shall provide the OAG City with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in pursuant to Florida Statute Chapter 119, Florida Statutes, 119 or as otherwise provided by law. The Provider must Concessionaire shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion termination or expiration of the Agreement if the Provider Concessionaire does not transfer the records to the OAGCity. If Concessionaire shall, upon expiration or termination of the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the City all public records to in possession of the OAG upon becoming aware of any impending closure Concessionaire or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG City to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost pursuant to the OAG, all public records in possession of the ProviderAgreement. If the Provider Concessionaire transfers all public records to the OAG City upon completion termination or termination expiration of the Agreement, the Provider will Concessionaire shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Concessionaire keeps and maintains public records upon completion termination or expiration of the Agreement, it must the Concessionaire shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCity, upon request from the City’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇City.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 2 contracts

Sources: Rental Car Concession Agreement, Concessionaire Agreement

Public Records. The Provider will VENDOR shall comply with Florida’s Public Records Laws, Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and, if it is acting on behalf of the VILLAGE as provided under section 119.011(2), the CONTRACTOR specifically agrees to: (a) Keep and maintain public records required by the OAG VILLAGE to perform all the services required under this Agreement. A . (b) Upon request to inspect or copy from the VILLAGE’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG VILLAGE with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable tie at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing said public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement Agreement, if the Provider VENDOR does not transfer the records to the OAG. If VILLAGE. (d) Upon the Provider fails to provide completion of the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the VILLAGE all public records to in possession of the OAG upon becoming aware of any impending closure VENDOR or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG VILLAGE to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If the Provider VENDOR transfers all public records to the OAG VILLAGE upon completion or termination of the Agreement, the Provider will VENDOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider VENDOR keeps and maintains public records upon completion of the Agreement, it must the VENDOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGVILLAGE, upon request from the VILLAGE’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGVillage. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(a) of Art. IFLORIDA STATUTES, Florida State ConstitutionTO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, and sections 119.07(1) or 960.15, Florida Statutes. CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT ▇▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇@▇▇▇▇▇.▇▇▇, OR BY MAIL AT VILLAGE OF PALM SPRINGS, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 2 contracts

Sources: Procurement Agreement, Procurement Agreement

Public Records. The Provider will Consultant shall comply with Chapter 119all applicable requirements contained in the Florida Public Records Law, including but not limited to any applicable provisions in Florida StatutesStatutes § 119.0701. Pursuant to that statute, Florida’s public record law. The Provider will keep the Consultant shall: (a) Keep and maintain public records required by the OAG Village to perform all the services required under this Agreement. A provided hereunder. (b) Upon request to inspect or copy from the Village’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG Village with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed disclosed, except as authorized by law for the duration of the term of this Agreement term and following completion of the this Agreement if the Provider Consultant does not transfer the records to the OAG. If Village. (d) Upon completion of the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the Village all public records to in the OAG upon becoming aware possession of any impending closure the Consultant or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG Village to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Consultant transfers all public records to the OAG Village upon completion or termination of the Agreement, the Provider will Consultant shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Consultant keeps and maintains public records upon completion of the Agreement, it must the Consultant shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGVillage, upon request from the Village’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGVillage. The OAG If the Consultant fails to comply with the requirements in this Article 7, the Village may unilaterally terminate enforce these provisions in accordance with the terms of this Agreement if Agreement. If the Provider refuses Consultant fails to allow access to all provide the public records made or maintained by to the Provider in conjunction with this AgreementVillage within a reasonable time, unless the records are exempt from section 24(a) of Artit may be subject to penalties under Florida Statutes § 119.10. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇(▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇-▇▇.▇▇▇), OR MAIL (VILLAGE OF ESTERO, OFFICE OF THE ATTORNEY GENERALVILLAGE CLERK, PL-019401 CORKSCREW PALMS CIRCLE, THE CAPITOLESTERO, TALLAHASSEE, FL 32399-1050FLORIDA 33928.

Appears in 2 contracts

Sources: Vulnerability Assessment Study Services Agreement, Grant Management Services Agreement

Public Records. The Provider will comply with Chapter 119Solely for the purposes of this section, the contract manager is the agency custodian of public records. If, under this Agreement, the Business Associate is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes, Florida’s public record law. The Provider will keep the Business Associate shall: i. Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice; ii. Upon request by from the OAG to inspect or copy public records relating to this Agreementagency’s custodian of public records, the Provider will provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; iii. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following the completion of the Agreement if the Provider Business Associate does not transfer the records to the OAGpublic agency; and iv. If Upon completion of the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Business Associate or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Business Associate transfers all public records to the OAG public agency upon completion or termination of the Agreement, the Provider will Business Associate shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Business Associate keeps and maintains public records upon completion of the Agreement, it must the Business Associate shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreementagency. v. IF THE BUSINESS ASSOCIATE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(a) of Art. IFLORIDA STATUTES, Florida State ConstitutionTO THE BUSINESS ASSOCIATE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, and sections 119.07(1) or 960.15CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 2 contracts

Sources: Business Associate Agreement, Business Associate Agreement

Public Records. The Provider will comply with Chapter 119Public Records. If under this Agreement, ▇▇▇▇▇▇ is providing services and is acting on behalf of a public agency, as provided by Section 119.0701, Florida Statutes, Florida’s public record lawthen ▇▇▇▇▇▇ agrees to: 1. The Provider will keep Keep and maintain public records required by the OAG CITY to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice. 2. Upon request by from the OAG to inspect or copy CITY’s custodian of public records relating to this Agreementrecords, the Provider will provide the OAG CITY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request copies within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. 3. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement and/or any amendment(s) issued hereunder if the Provider ▇▇▇▇▇▇ does not transfer the records to the OAGCITY. 4. If Upon completion of the Provider fails to provide the public records to the OAG within a reasonable timeAgreement and/or any amendment(s) issued hereunder, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the CITY all public records to the OAG upon becoming aware in possession of any impending closure ▇▇▇▇▇▇ or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG CITY to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider ▇▇▇▇▇▇ transfers all public records to the OAG CITY upon completion or termination of the AgreementAgreement and/or any amendment(s) issued hereunder, the Provider will ▇▇▇▇▇▇ shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider ▇▇▇▇▇▇ keeps and maintains public records upon completion of the AgreementAgreement and/or any amendment(s) issued hereunder, it must ▇▇▇▇▇▇ shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCITY, upon request from the CITY’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGCITY. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementEXT. 232, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, PL-01▇.▇., THE CAPITOL▇▇▇▇▇▇ ▇▇▇▇▇, TALLAHASSEE▇▇▇▇▇▇▇ ▇▇▇▇▇. If ▇▇▇▇▇▇ does not comply with a public records request, FL 32399-1050CITY shall enforce the Agreement and/or any amendment(s) provisions which may include immediate termination of Agreement and/or any amendment(s) issued hereunder. B. The parties agree that all records that have been generated by ▇▇▇▇▇▇ since this Agreement’s effective date that qualify as public records will be kept and maintained in accordance with this Amendment No. 5. All other provisions and terms of the Agreement not expressly amended herein shall remain in full force and effect, and the parties hereto will be bound and perform in accordance with the terms of the Agreement, Amendments and Amendment No. 5.

Appears in 1 contract

Sources: Amendment No. 5 to the Agreement

Public Records. (a) Both parties acknowledge and understand that the SBA and its records are subject to the provisions of Chapter 119 (Public Records), Florida Statutes (the “Florida Public Records Laws” or the “FPRL”) unless such records are confidential and/or exempt from disclosure under the FPRL, and further acknowledge, understand and agree that absent any exemption from disclosure, any of the SBA’s records, including those held on the premises of the Consultant or under the control of the Consultant, that constitute public records under the FPRL, are likewise subject to public access, inspection and analysis pursuant to the provisions of Chapter 119, Florida Statutes, unless such records are confidential and/or exempt from disclosure under the FPRL. As used herein, the terms “records” and “public records” shall mean “public records” as defined under Section 119.011(12), Florida Statutes, and shall include, without limitation, the original documents provided by the SBA, data and information provided to the Consultant by the SBA as well as other records which are a product of modifying, processing or operating on the original documents, data and information by the Consultant. The Provider will term "any person" as used in Section 119.07(1)(a), Florida Statutes, is deemed to include the SBA. (b) Therefore, to the extent applicable, the Consultant shall comply with Chapter 119, Florida Statutes. In particular, Florida’s public record law. The Provider will keep the Consultant shall: (i) Keep and maintain public records required by the OAG SBA in order to perform all the services required under this Agreement. A ; (ii) Upon request to inspect or copy from the SBA’ custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG SBA with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, Statutes or as otherwise provided by Florida law. The Provider must ensure ; (iii) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the term of the Agreement term and following completion of the Agreement if the Provider Consultant does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation SBA; and (iv) Upon completion of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the SBA all public records to in the OAG upon becoming aware of any impending closure Consultant’s possession or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG SBA to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Consultant transfers all public records to the OAG SBA upon completion or termination of the this Agreement, the Provider will Consultant shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Consultant keeps and maintains public records upon completion of the Agreement, it must the Consultant shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s . The Consultant shall provide all records retention schedule. All public records that are stored electronically must be provided to the OAGSBA, upon request from the SBA’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGSBA. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15Section 119.07(1)(a), Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇, prescribes the fees which the Consultant may charge for the actual costs of duplication.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050. (c) The Consultant agrees to maintain and secure all of the SBA's records for a period of five

Appears in 1 contract

Sources: Consulting Agreement

Public Records. The Provider will VENDOR shall comply with Florida’s Public Records Laws, Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and, if it is acting on behalf of the VILLAGE as provided under section 119.011(2), the VENDOR specifically agrees to: (i) Keep and maintain public records required by the OAG VILLAGE to perform all the services required under this Agreement. A . (ii) Upon request to inspect or copy from the VILLAGE’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG VILLAGE with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable tie at a cost that does not exceed the cost provided in this Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . (iii) Ensure that in allowing said public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement Agreement, if the Provider VENDOR does not transfer the records to the OAG. If VILLAGE. (iv) Upon the Provider fails to provide completion of the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the VILLAGE all public records to in possession of the OAG upon becoming aware of any impending closure VENDOR or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG VILLAGE to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If the Provider VENDOR transfers all public records to the OAG VILLAGE upon completion or termination of the Agreement, the Provider will VENDOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider VENDOR keeps and maintains public records upon completion of the Agreement, it must the VENDOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGVILLAGE, upon request from the VILLAGE’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGVillage. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(a) of Art. IFLORIDA STATUTES, Florida State ConstitutionTO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, and sections 119.07(1) or 960.15, Florida Statutes. CONTACT THE CUSTODIAN OF PUBLIC RECORDS OR DESIGNEE AT ▇▇▇-▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇@▇▇▇▇▇.▇▇▇, OR BY MAIL AT VILLAGE OF PALM SPRINGS, ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇, ▇.▇▇▇▇▇. XXX. SCRUTINIZED COMPANIES As provided in F.S. 287.135, OFFICE OF THE ATTORNEY GENERALby entering into any agreement with the Village, PL-01or performing any work in furtherance hereof, THE CAPITOLVendor certifies that Vendor and Vendor's affiliates, TALLAHASSEEsuppliers, FL 32399-1050subVendors and consultants that will perform hereunder that at the time Vendor submits a bid or proposal for a contract or before Vendor enters into or renews a contract with an agency or local governmental entity for goods or services of $1 million or more, the company must certify that Vendor is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List and that it does not have business operations in Cuba or Syria. Also, at the time a Vendor submits a bid or proposal for a contract or before the Vendor enters into or renews a contract with an agency or local governmental entity for goods or services of any amount, Vendor must certify that it is not participating in a boycott of Israel. If the Village determines, using credible information available to the public, that a false certification has been submitted by Vendor, the Village’s Agreement may be terminated and a civil penalty equal to the greater of $2 million or twice the amount of the Agreement shall be imposed, pursuant to Section 287.135, Florida Statutes.

Appears in 1 contract

Sources: Community Fireworks Display Contract

Public Records. The Provider will comply with Chapter 119Seller acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Seller must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Seller shall: a) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. b) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Seller shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . c) The Provider must Seller shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. d) The Seller shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Seller or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Seller transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Seller shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Seller keeps and maintains public records upon completion of the Agreementcontract, it must the Seller shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. e) A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. f) If Seller does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. g) A Seller who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. h) If a civil action is filed against a Seller to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Seller the reasonable costs of enforcement, including reasonable attorney fees, if: i) The court determines that the Seller unlawfully refused to comply with the public records request within a reasonable time; and ii) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Seller has not complied with the request, to the public agency and to the Seller. k) A notice complies with subparagraph (8)b if it is sent to the public agency's custodian of public records and to the Seller at the Seller's address listed on its contract with the public agency or to the Seller's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. l) A Seller who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Wetland Credit Purchase Agreement

Public Records. The Provider will CONTRACTOR and all of its subcontractors are required to comply with Chapter 119the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONTRACTOR, Florida Statutesunder such conditions, Florida’s public record law. The Provider will keep shall incorporate this paragraph in all of its subcontracts for this Project and shall: (a) Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service; (b) Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. The Provider must ensure ; (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency; and (d) Upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure contractor or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider contractor transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will contractor shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider contractor keeps and maintains public records upon completion of the Agreementcontract, it must the contractor shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGpublic agency. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementIF THE CONTRACTOR HAS QUESTIONS ATTEST: CITY OF SOUTH MIAMI By: By: Nkenga ▇. ▇▇▇▇▇, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. CMC ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ City Clerk City Manager Read and Approved as to Form, Language, Legality and Execution Thereof. By: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE ▇ City Attorney “PIGGYBACK CONTRACT FOR MULTIFUNCTIONAL COPIER EQUIPMENT” ITQ #FN2018-23 • STATE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399FLORIDA CONTRACT #600-1050.000-11-1 • ITQ #FN2018-23 • CANON BUSINESS SOLUTION PROPOSAL

Appears in 1 contract

Sources: Piggyback Contract

Public Records. The Provider will comply with Chapter 119Pursuant to Florida law (including but specifically but not limited to Section 119.0701, Florida Statutes), Florida’s GRANTEE must comply with all applicable public record lawrecords laws. The Provider will keep Specifically, GRANTEE shall: (a) Keep and maintain public records required by the OAG BSO to perform all the services required under contracted for in this Agreement. A . (b) Upon request to inspect from BSO, BSO’s designee or copy BSO’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect provide BSO or copy public records relating to this Agreement, the Provider will provide the OAG designee with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the copied, at BSO’s or designee’s sole option, within a reasonable time at no cost to BSO. (c) Ensure that public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to BSO. (d) Upon completion of the OAG. If the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to BSO all public records to the OAG upon becoming aware in possession of any impending closure GRANTEE or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG BSO to perform the services to be provided contracted for in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the ProviderSHERIFF’s sole option. If the Provider GRANTEE transfers all public records to the OAG BSO upon completion or termination of the Agreementcontract, the Provider will GRANTEE shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider GRANTEE keeps and maintains public records upon completion of the Agreementcontract, it must the GRANTEE shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. . (e) All public records stored electronically by the GRANTEE pertaining to the services contracted for in this Agreement must be provided to the OAGBSO, upon request from the BSO, or BSO’s designee or BSO’s custodian of its Custodian of Public Recordsrecords, at no cost to the OAGdesignee, in a format that is compatible with the information technology systems of BSO. In the OAG. The OAG may unilaterally terminate event GRANTEE receives a public records request related to this Agreement if and the Provider refuses services provided hereunder, GRANTEE shall promptly forward the same to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(aBSO for BSO’s records. (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇_▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇ OR THE OFFICE OF GENERAL COUNSEL, BROWARD SHERIFF’S OFFICE AT (▇▇▇) ▇▇▇-▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Law Enforcement Trust Funds Disbursement Agreement

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will ▇▇▇▇▇▇▇▇▇▇ agrees to keep and maintain public records required by the OAG to perform all services required in CONTRACTOR’s possession or control in connection with CONTRACTOR’s performance under this Agreement. A request CONTRACTOR additionally agrees to inspect or copy comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records relating to this 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, and following completion of the Agreement must be made directly until the records are transferred to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestOWNER. Upon request by from the OAG to inspect or copy OWNER custodian of public records relating to this Agreementrecords, the Provider will CONTRACTOR shall provide the OAG OWNER with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in by Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in allowing public access to all documents, papers, letters, or other materials made or received in conjunction connection with this Agreement, those records that Agreement are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for shall remain the duration property of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said servicesOWNER. Upon completion of this AgreementAgreement or in the event of termination by either party, the Provider will keep any and maintain all public records required relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the OAG CONTRACTOR to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAGCITY MANAGER, at no cost to the OAGOWNER, all within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the OWNER in a format that is compatible with the OWNER’S information technology systems. Once the public records in possession of the Provider. If the Provider transfers all public records to the OAG have been delivered upon completion or termination of the this Agreement, the Provider will CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. CONTRACTOR’s failure or refusal to comply with the Provider keeps provisions of this section shall result in the immediate termination of this Agreement by the OWNER. IN WITNESSETH WHEREOF, CITY and maintains public records upon completion CONTRACTOR have signed this Contract in duplicate. One counterpart each has been delivered to CITY and CONTRACTOR. All portions of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made Contract Documents have been signed or maintained identified by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, CITY and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇CONTRACTOR.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Contract

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and maintain public records required by When the OAG to perform all services required under this Agreement. A Consultant receives any request to inspect or copy public co py any records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating that relate to this Agreement, the Provider will it shall promptly provide the OAG Owner with a copy of the requested request. The Owner will respond to each such request on behalf of itself and the Consultant and the Consultant agrees to fu lly cooperate with the Owner with regard to all records at no cost requests and comply with all decisions made by the Owne r regarding the production/disclosure. The Consultant shall: .1 Keep and maintain public records that ordinarily and necessarily would be required by the Owner in order to perform the OAG or allow services being performed by the Consultant. .2 Provide the public with access to public records on the same terms and conditions that the Owner would provide the records to be inspected or copied by the member of the public making the records request and at a cost that does not exceed the cost provided in Chapter chapter 119, Florida Statutes, as amended, or as otherwise provided by law. The Provider must . .3 Except as authorized by law, ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records re cords that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutesthis Agreement, as well as unilateral cancellation following completion or termination of this Agreement by if the OAG. In Cons ultant does not transfer t he records to the event Owner. .4 Meet all requirements for retaining public records and upon completion or termination of the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, Owner all public records in possession of the ProviderConsultant or keep and maintain the public records required by the Owner and the law to perform the Se rvices. If the Provider transfers Consultant tr ansfers all public records to the OAG Owner upon completion or termination of the Agreement, the Provider will Consultant shall destroy all 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 Owner in a format th at is compatible with the information technology systems of the Owner. If the Provider Consultant keeps and maintains public pub lic records upon completion or termination of the Agreement, it must the Consultant shall meet all applicable requirements for retaining public records, consistent . .5 Failure to grant such public access or otherwise comply with the state Owner s request for records will be grounds for immediate termination of Florida’s records retention schedule. All this Agreement by the Owner. .6 Failure to provide the public records stored electronically must be provided to the OAGOwner within a reasonable time may also subject the Consultant to penalties under section 119.10, upon request Florida Statutes. .7 If a civil action is filed against Consultant to compel production of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with relating to this Agreement, unless the records are exempt from section 24(aConsultant will be solely responsible and liable for its attorney s fees and any resulting damages. IF THE CONSULTANT HAS QUESTI ONS REGARDING TH E APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT S DUTY TO PROVIDE PUBLIC RECORDS RELA TING TO THIS CONTRACT, THE CONSULTANT MUST CONTACT THE OWNER S CUSTODIAN OF PUBLIC RECORDS, WHO CAN BE REACHED AT: (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇; ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇/▇▇▇▇▇▇▇▇▇▇▇▇▇ ; OR GREATER ORLANDO AVIATION Orlando International and Executive Airport Continuing On-Call Architecture and Engineering Consulting Services Agreement for Continuing Professional Services AUTHORITY, OFFICE OF THE ATTORNEY GENERALPUBLIC RECORDS ONE ▇▇▇▇ ▇▇▇▇▇ BOULEVARD, PL-01ORLANDO, THE CAPITOL, TALLAHASSEE, FL 32399-1050FLORIDA 32827.

Appears in 1 contract

Sources: Professional Services

Public Records. The Provider will AMSKILLS shall comply with the requirements of Florida's Public Records Act, Chapter 119, Florida Statutes. To the extent required by Section 119.0701, Florida’s public record law. The Provider will Florida Statutes, AMSKILLS shall (a) keep and maintain those public records required by the OAG COUNTY hereunder to perform all services required the service under this the Agreement. A ; (b) upon request to inspect or copy from the COUNTY's custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG COUNTY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by for under Florida's Public Records law. The Provider must ; (c) ensure that in allowing the public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement if contract If the Provider AMSKILLS does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG COUNTY; and (d) upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreementthe contract, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAGtransfer, at no cost to the OAGCOUNTY, all public records in possession of the ProviderAMSKILLS. If the Provider transfers all public records to the OAG upon completion or termination of the AgreementUpon transfer, the Provider will AMSKILLS shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, COUNTY in a format that is compatible with the information Information technology systems of the OAGCOUNTY. The OAG may unilaterally terminate All documentation produced as part of this Agreement if will become the Provider refuses to allow access to all public records made property of the COUNTY. This paragraph shall survive the expiration or maintained by the Provider in conjunction with termination of this Agreement. IF THE AMSKILLS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE AMSKILLS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, OFFICE OF ECONOMIC GROWTH, AT TELEPHONE NUMBER (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, E-MAIL ADDRESS ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERALWEST PASCO GOVERNMENT CENTER, PL-01▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, THE CAPITOL▇▇▇▇▇ ▇▇▇, TALLAHASSEE▇▇▇ ▇▇▇▇▇▇▇▇▇▇, FL 32399▇▇▇▇▇▇▇ ▇▇▇▇▇. Under Florida law, in the event that AMSKILLS fails to provide the public records to the COUNTY within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes, and such non-1050compliance will constitute a breach of the Agreement and may serve as grounds for termination of thisAgreement. Such records shall be and remain available at the AMSKILLS's place of business at all reasonable times during the term of this Agreement and for five (5) years after Agreement termination.

Appears in 1 contract

Sources: Grant Agreement

Public Records. (a) Both parties acknowledge and understand that the SBA and its records are subject to the provisions of Chapter 119 (Public Records), Florida Statutes, and further acknowledge, understand and agree that any of the SBA's records held on the premises of the Consultant or under the control of the Consultant are likewise subject to public access, inspection and analysis pursuant to the provisions of Chapter 119, Florida Statutes. As used herein, the terms "records" and “public records” shall mean “public records” as defined under Section 119.011(12), Florida Statutes, and shall include, without limitation, the original documents provided by the SBA, data and information provided to the Consultant by the SBA as well as other records which are a product of modifying, processing or operating on the original documents, data and information by the Consultant. The Provider will term "any person" as used in Section 119.07(1)(a), Florida Statutes, is deemed to include the SBA. (b) Therefore, to the extent applicable, the Consultant shall comply with Chapter 119, Florida Statutes. In particular, Florida’s public record law. The Provider will keep the Consultant shall: (i) Keep and maintain public records required by the OAG SBA in order to perform all the services required under this Agreement. A ; (ii) Upon request to inspect or copy from the SBA’ custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG SBA with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, Statutes or as otherwise provided by Florida law. The Provider must ensure ; (iii) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the term of the Agreement term and following completion of the Agreement if the Provider Consultant does not transfer the records to the OAG. If SBA; and (iv) Upon completion of the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the SBA all public records to in the OAG upon becoming aware of any impending closure Consultant’s possession or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG SBA to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Consultant transfers all public records to the OAG SBA upon completion or termination of the Agreement, the Provider will Consultant shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Consultant keeps and maintains public records upon completion of the Agreement, it must the Consultant shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s . The Consultant shall provide all records retention schedule. All public records that are stored electronically must be provided to the OAGSBA, upon request from the SBA’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementSBA. (c) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE CONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF THE PUBLIC RECORDS AT: STATE BOARD OF ADMINISTRATION OF ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇-▇▇▇▇ (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇_▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ (d) The Consultant consents and agrees to be sued in, OFFICE OF THE ATTORNEY GENERALand subject to the jurisdiction of, PL-01the courts in the State of Florida if civil or criminal litigation is required to enforce the provisions of Chapter 119, THE CAPITOLFlorida Statutes, TALLAHASSEE, FL 32399-1050or the provisions of this Section C(8).

Appears in 1 contract

Sources: Investment Consulting Agreement

Public Records. The Provider will comply with Chapter IF CENTRALSQUARE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, Florida StatutesFLORIDA STATUTES, Florida’s public record lawTO CENTRALSQUARE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. The Provider will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. THE CITY CLERK’S OFFICE MAY BE CONTACTED BY PHONE AT ▇▇▇-▇▇▇-▇▇▇▇▇▇ OR VIA EMAIL AT ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. i. Keep and maintain public records required by Customer to perform the service. ii. Upon request from ▇▇▇▇▇▇▇▇'s custodian of public records, OFFICE OF THE ATTORNEY GENERALprovide Customer 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 Florida Statute or as otherwise provided by law. iii. 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 Agreement if CentralSquare does not transfer the records to Customer. iv. Upon completion of the Agreement, PL-01transfer, THE CAPITOLat no cost, TALLAHASSEEto Customer all public records in possession of the Contractor or keep and maintain public records required by Customer to perform the service. If the Contractor transfers all public records to Customer upon completion of the Agreement, FL 32399-1050CentralSquare shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If CentralSquare keeps and maintains public records upon completion of the Agreement, CentralSquare shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to Customer, upon request from Customer 's custodian of public records, in a format that is compatible with the information technology systems of Customer. v. If CentralSquare does not comply with this section, Customer shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law.

Appears in 1 contract

Sources: Centralsquare Solutions and Support Agreement

Public Records. The Provider will CONRACTOR shall be required to cooperate with the COUNTY relative to providing information requested in a timely manner and in the specified form. Any and all documents, records, disks, original drawings, or other information shall become the property of the COUNTY for its use and/or distribution as may be deemed appropriate by the COUNTY. CONTRACTOR shall comply with public records laws embodied in Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and specifically shall: a. Keep and maintain public records required by the OAG COUNTY in order to perform all services required under this Agreement. A the Services. b. Upon request to inspect or copy from the COUNTY provide the COUNTY with any requested public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG or allow the requested records to be inspected or copied within a reasonable time by the member of the COUNTY. c. Ensure that public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term term, and following completion of thereafter it the Agreement if the Provider CONTRACTOR does not transfer the all records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transferCOUNTY. d. Transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, COUNTY all public records in possession of the Provider. If the Provider transfers all public records to the OAG CONTRACTOR upon completion or termination of the Agreement, the Provider will this Agreement and destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGCOUNTY, upon request of its Custodian of Public Records, at no cost to from the OAGCOUNTY, in a format that is compatible with the information technology systems of the OAGCOUNTY. The OAG may unilaterally terminate this Agreement if If the Provider refuses to allow access to all CONTRACTOR keeps and maintains public records made or maintained by upon the Provider in conjunction with conclusion of this Agreement, unless the CONTRACTOR shall meet all applicable requirements for retaining public records are exempt from that would apply to the COUNTY. e. If CONTRACTOR 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 CONTRACTOR fails to provide records when requested, the CONTRACTOR may be subject to penalties under section 24(a) of Art. I, 119.10 Florida State ConstitutionStatutes, and sections 119.07(1) or 960.15reasonable costs of enforcement, Florida Statutesincluding attorney fees. ▇▇▇▇▇▇▇▇▇▇▇▇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: ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Professional Services

Public Records. The Provider will Agency shall comply with Chapter 119, Florida Statutes. Specifically, Florida’s public record law. The Provider will keep the Agency shall: A. Keep and maintain public records that ordinarily and necessarily would be required by the OAG Department to perform all services required under this Agreement. A . B. Upon request to inspect or copy from the Department’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG Department with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure . C. Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the this Agreement term and following completion of the Agreement if the Provider Agency does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation Department. D. Upon completion of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the Department all public records to the OAG upon becoming aware in possession of any impending closure Applicant or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG Department to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider Agency transfers all public records to the OAG public Agency upon completion or termination of the this Agreement, the Provider will Agency shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps Agency keep and maintains maintain public records upon completion of the this Agreement, it must Agency shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGDepartment, upon request from the Department’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGDepartment. The OAG may unilaterally terminate Failure by Agency to act in accordance with Chapter 119 and the foregoing shall be grounds for immediate unilateral cancellation of this Agreement if by the Provider refuses Department. Agency shall promptly provide the Department with a copy of any request to allow access to all inspect or copy public records made or maintained by in possession of Agency and shall promptly provide the Provider in conjunction with this AgreementDepartment a copy of Applicant’s response to each such request. IF THE CONSULTANT/CONTRACTOR/VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless the records are exempt from section 24(a) of Art. IFLORIDA STATUTES, Florida State ConstitutionTO THE CONSULTANT'S/CONTRACTOR’S/VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, and sections 119.07(1) or 960.15, Florida Statutes. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: District 2 ▇▇▇-▇▇▇-▇▇▇▇ D2prcustodian@ ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇▇▇.▇▇.▇▇ Florida Department of Transportation District 2 - Office of General Counsel ▇▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEEMS 2009 Lake City, FL 32399-1050.32025

Appears in 1 contract

Sources: Construction & Maintenance Agreement

Public Records. The Provider will comply with Chapter 119Seller acknowledges that it is acting on behalf of a Public agency and that this Agreement is subject to the provisions of §119.0701, Florida Statutes, and that Seller must comply with the public records laws of the State of Florida’s public record law. The Provider will keep Seller shall: 26.5.1 Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A the service. 26.5.2 Upon request to inspect or copy from the public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested agency's custodian of public records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Seller shall provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law. . 26.5.3 The Provider must Seller shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement contract if the Provider contractor does not transfer the records to the OAG. If public agency. 26.5.4 The Seller shall, upon completion of the Provider fails to provide the public records to the OAG within a reasonable timecontract, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Seller or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Seller transfers all public records to the OAG public agency upon completion or termination of the Agreementcontract, the Provider will Seller shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Seller keeps and maintains public records upon completion of the Agreementcontract, it must the Seller shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency's custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses public agency. 26.5.5 A request to allow access to all inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Seller of the request, and the Seller must provide the records to the public agency or maintained allow the records to be inspected or copied within a reasonable time. 26.5.6 If Seller does not comply with a public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. 26.5.7 A Seller who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. 26.5.8 If a civil action is filed against a Seller to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the Seller the reasonable costs of enforcement, including reasonable attorney fees, if: (a) The court determines that the Seller unlawfully refused to comply with the public records request within a reasonable time; and (b) At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Seller has not complied with the request, to the public agency and to the Seller. 26.5.9 A notice complies with subparagraph (8)b if it is sent to the public agency's custodian of public records and to the Seller at the Seller's address listed on its contract with the public agency or to the Seller's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the Provider sender and with evidence of delivery, which may be in conjunction an electronic format. 26.5.10 A Seller who complies with this Agreement, unless a public records request within 8 business days after the records are exempt from section 24(a) notice is sent is not liable for the reasonable costs of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇enforcement.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Consulting Agreement

Public Records. The Provider will A. Unless records are confidential and exempt pursuant to applicable privacy laws, the CITY is required to comply with the Florida Public Records Law, Chapter 119, Florida Statutes, Florida’s public record lawin the performance of its duties under this Agreement and will specifically: 1. The Provider will keep Keep and maintain public records required by the OAG SCHOOL BOARD to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice. 2. Upon request by from the OAG to inspect or copy SCHOOL BOARD's custodian of public records relating to this Agreementrecords, the Provider will provide the OAG SCHOOL BOARD with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider contractor does not transfer the records to the OAGSCHOOL BOARD. 4. If Upon completion of the Provider fails Agreement, with regard to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes which were kept or the Provider is permanently unable maintained to perform service under this Agreement, the Provider will electronically CITY shall either (a) transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAGSCHOOL BOARD, all public records in possession of the ProviderCITY, or (b) keep and maintain such public records. If the Provider CITY transfers all public records to the OAG SCHOOL BOARD upon completion or termination of the Agreement, the Provider will CITY shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider CITY keeps and maintains public records upon completion of the Agreement, it must the CITY shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGSCHOOL BOARD, upon request of its Custodian the SCHOOL BOARD's custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGSCHOOL BOARD. The OAG may unilaterally terminate this Agreement if CITY acknowledges that the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this AgreementSCHOOL BOARD’s safety and security systems, unless the records including its camera surveillance systems, are exempt from section 24(a) of Artpublic records disclosure. I(Florida Statute §119.071). 5. IF CITY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, Florida State ConstitutionFLORIDA STATUTES, and sections 119.07(1) or 960.15TO CITY’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, Florida Statutes. ▇▇▇▇▇▇▇CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 239-461- 8420, ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ OR BY MAIL: The School Board of Lee County, Florida – Public Information Coordinator, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇., ▇▇▇▇ ▇▇▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-105033966.

Appears in 1 contract

Sources: Interlocal Agreement

Public Records. The Provider will comply with Chapter 119Solely for the purposes of this section, Florida Statutesthe contract manager is the agency custodian of public records. If, Florida’s under this Agreement, the Business Associate is providing services and is acting on behalf of a public record law. The Provider will keep agency, as provided by section 119.0701, F.S., the Business Associate shall: i. Keep and maintain public records required by the OAG public agency to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice; ii. Upon request by from the OAG to inspect or copy public records relating to this Agreementagency’s custodian of public records, the Provider will provide the OAG public agency with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; iii. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following the completion of the Agreement if the Provider Business Associate does not transfer the records to the OAGpublic agency; and iv. If Upon completion of the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the public agency all public records to in possession of the OAG upon becoming aware of any impending closure Business Associate or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG public agency to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider Business Associate transfers all public records to the OAG public agency upon completion or termination of the Agreement, the Provider will Business Associate shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider Business Associate keeps and maintains public records upon completion of the Agreement, it must the Business Associate shall meet all applicable requirements applicablerequirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGpublic agency, upon request from the public agency’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGpublic agency. v. IF THE BUSINESS ASSOCIATE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BUSINESS ASSOCIATE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED FOR THE CONTRACT MANAGER. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE FLORIDA DEPARTMENT OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.MANAGEMENT SERVICES COMPBENEFITS COMPANY AND COMPBENEFITS INSURANCE COMPANY (HUMANA)

Appears in 1 contract

Sources: Group Vision Benefits Insurance Contract

Public Records. The Provider will comply with TOWN is subject to Chapter 119, Florida Statutes, Florida“Public Records Law.” No claim of confidentiality or proprietary information in all or any portion of a response will be honored unless a specific exemption from the Public Law exists and is cited in the response. An incorrectly claimed exemption does not disqualify the firm, only the exemption claimed. SUCCESFUL RESPONDENT acknowledges the public shall have access at all reasonable times, to all documents and information pertaining to Town’s contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the Town and the public record to all documents subject to disclosures under applicable law. The Provider will To the extent that SUCCESFUL RESPONDENT has been provided access to or has received security sensitive information, as defined by Florida Statutes, Section 119.071 and/or has executed a Confidential Information Acknowledgement and Agreement, Volunteer shall keep and maintain the security sensitive information as confidential and exempt from public disclosures as required by Florida Statutes. SUCCESFUL RESPONDENT agrees to keep and maintain public records required by the OAG Town to perform all services required the service in SUCCESFUL RESPONDENT’s possession or control in connection with SUCCESFUL RESPONDENT’s performance under this Agreement. A , and upon the request to inspect or copy from the TOWN’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG TOWN with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member within a reasonable amount of the public making the records request time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, 119 or as otherwise provided by law. The Provider must SUCCESFUL RESPONDENT shall ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider SUCCESFUL RESPONDENT does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said servicesTOWN. Upon completion of this the Agreement, SUCCESFUL RESPONDENT agrees, at no cost to TOWN, to transfer to the Provider will TOWN all public records in possession of the SUCCESFUL RESPONDENT or keep and maintain public records required by the OAG TOWN to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider SUCCESFUL RESPONDENT transfers all public records to the OAG TOWN upon completion or termination of the Agreement, the Provider will SUCCESFUL RESPONDENT shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider SUCCESFUL RESPONDENT keeps and maintains public records upon completion of the Agreement, it must SUCCESFUL RESPONDENT shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGTOWN, upon request from the TOWN’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems system of the OAGTOWN. The OAG may unilaterally terminate SUCCESFUL RESPONDENT’s failure or refusal to comply with the provisions of this section shall result in the immediate termination for cause of the Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇TOWN.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Police Civilian Coordinator Services Agreement

Public Records. The Provider will comply with Chapter 119Public Records. Pursuant to section 119.0701, Florida Statutes, Florida’s public record law. The Provider will for any tasks performed by the Beep on behalf of PSTA, Beep shall: (a) keep and maintain all public records records, as that term is defined in chapter 119, Florida Statutes (“Public Records”), required by the OAG PSTA to perform all services required under the work contemplated by this Agreement. A ; (b) upon request to inspect or copy from PSTA’s custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG PSTA with a copy of the requested records at no cost to the OAG Public Records or allow the records Public Records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost costs provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ; (c) ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records Public Records that are exempt or confidential and exempt from public records Public Records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the term of this Agreement term and following completion or termination of the Agreement this Agreement, if the Provider Beep does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation PSTA in accordance with (d) below; and (d) upon completion or termination of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically (i) if PSTA, in its sole and absolute discretion, requests that all Public Records in possession of Beep be transferred to PSTA, Beep shall transfer, at no cost, to PSTA, all public records to the OAG upon becoming aware Public Records in possession of any impending closure Beep within thirty (30) days of such request or event that renders the Provider unable to perform said services. Upon completion of this Agreement(ii) if no such request is made by PSTA, the Provider will Beep shall keep and maintain public records the Public Records required by the OAG PSTA to perform the services to be provided in the scope of work contemplated by this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider Beep transfers all public records Public Records to the OAG upon completion or termination of the AgreementPSTA pursuant to (d)(i) above, the Provider will Beep shall destroy all any duplicate public records Public Records that are exempt or confidential and exempt from public Public Records disclosure requirements within thirty (30) days of transferring the Public Records to PSTA and provide PSTA with written confirmation that such records disclosure requirementshave been destroyed within thirty (30) days of transferring the Public Records. If the Provider Beep keeps and maintains public records upon completion of the AgreementPublic Records pursuant to (d)(ii) above, it must Beep shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedulePublic Records. All public records Public Records stored electronically must be provided to the OAGPSTA, upon request from PSTA’s custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGPSTA. If Beep does not comply with a Public Records request, or does not comply with a Public Records request within a reasonable amount of time, PSTA may pursue any and all remedies available in law or equity including, but not limited to, specific performance. The OAG may unilaterally terminate provisions of this Agreement if the Provider refuses section only apply to allow access to all public records made or maintained by the Provider those tasks in conjunction with this Agreement, unless the records are exempt from section 24(a) which Beep is acting on behalf of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇PSTA.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Master Services Agreement

Public Records. The Provider will comply with Chapter 119To the extent ▇▇▇▇▇▇▇▇▇▇ is acting on behalf of the HFA as stated in Section 119.0701, Florida Statutes, Florida’s public record law. The Provider will keep ▇▇▇▇▇▇▇▇▇▇ shall: 11.3.1 Keep and maintain public records required by the OAG HFA to perform all the services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. ; 11.3.2 Upon request by from the OAG to inspect or copy public records relating to this AgreementHFA, the Provider will provide the OAG HFA with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time and at a cost that does not exceed the cost that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure ; 11.3.3 Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure record requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the this Agreement term and following completion or termination of the this Agreement if the Provider does records are not transfer the records transferred to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation HFA; and 11.3.4 Upon completion or termination of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, transfer to the Provider will electronically transferHFA, at no cost, all public records to the OAG upon becoming aware in possession of any impending closure ▇▇▇▇▇▇▇▇▇▇ or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG HFA to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If ▇▇▇▇▇▇▇▇▇▇ transfers the Provider transfers all public records to the OAG upon completion or termination of the AgreementHFA, the Provider will ▇▇▇▇▇▇▇▇▇▇ shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Provider ▇▇▇▇▇▇▇▇▇▇ keeps and maintains the public records upon completion of the Agreementrecords, it must ▇▇▇▇▇▇▇▇▇▇ shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, HFA upon request of its Custodian of Public Records, at no cost to the OAG, in a format that is compatible with the information technology systems of the OAGHFA. The OAG may unilaterally terminate A request for public records regarding this Agreement if must be made directly to the Provider refuses HFA, who will be responsible for responding to allow access to all any such public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutesrequests. ▇▇▇▇▇▇▇▇▇▇ will provide any requested records to the HFA to enable the HFA to respond to the public records request. Any material submitted to the HFA that ▇▇▇▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇▇▇ 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 the HFA for records designated by ▇▇▇▇▇▇▇▇▇▇ as Trade Secret Materials, the HFA shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by ▇▇▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇▇▇ shall indemnify and defend the HFA 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 ▇▇▇▇▇▇▇▇▇▇ HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ▇▇▇▇▇▇▇▇▇▇’▇ DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) ▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇, ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050▇▇▇▇▇▇▇ ▇▇▇▇▇.

Appears in 1 contract

Sources: Financial Advisory Services Agreement

Public Records. EFFECTIVE JULY 1, 2016 IF THE BIDDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE BIDDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 321-633-1000 ext. 11453. a. The Provider will comply with agreement and this Software Addendum are subject to and governed by the laws of the State of Florida, including without limitation Chapter 119, Florida StatutesF.S., Florida’s which generally makes public record lawall records or other writings made by or received by the Parties. The Provider will Contractor acknowledges its legal obligation to comply with Section 119.0701, F.S. Contractor shall keep and maintain public records records, as that phrase is defined in the Florida Public Records Act, which would be required to be kept and maintained by the OAG BPS in order to perform the scope of services. Contractor shall comply with all services required under this Agreementrequirements for retaining public records and shall transfer, at no cost to BPS, all public records in the possession of Contractor upon a request for such public records. See Section 119.0701(2)(b)4, F.S., for additional record keeping requirements. b. A request to inspect or copy public records relating to this Agreement BPS’s contract for services must be made directly to the OAGBPS’s Custodian of Public Records. If the OAG BPS does not possess the requested records, the OAG will BPS’s Custodian of Public Records shall immediately notify the Provider Contractor of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will Contractor must provide the OAG with a copy of the requested records at no cost to the OAG BPS or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S. If Contractor does not timely comply with BPS’s request for records, or as otherwise provided by law. The Provider must ensure BPS shall be able to sue for breach of contract and the prevailing party shall be entitled to attorney’s fees. c. Should Contractor fail to provide the requested public records to BPS within a reasonable time, Contractor understands and acknowledges that in allowing it may be subject to penalties under Sections 119.0701(3)(c) and 119.10, F.S. d. Contractor shall not disclose public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt exempt, or confidential and exempt exempt, from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as unless specifically authorized by law for the duration of the Agreement agreement term and following completion the completion, expiration, or termination of the Agreement same if the Provider Contractor does not transfer the records to BPS. Upon completion, expiration, or termination of the OAG. If the Provider fails to provide the public records to the OAG within a reasonable timeagreement and receipt of written request from SBBC, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically Contractor shall transfer, at no costcost to BPS, all public records to the OAG upon becoming aware of any impending closure in its possession or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG BPS to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If the Provider Contractor transfers all public records to the OAG BPS, upon completion or termination of the Agreementwritten request to Contractor, the Provider will Contractor shall destroy all any duplicate public records that are exempt exempt, or confidential and exempt exempt, from public records disclosure requirements. If the Provider Contractor keeps and maintains public records upon completion completion, expiration, or termination of the Agreementagreement, it must Contractor shall meet all applicable requirements for retaining public records, consistent with records and provide requested records to BPS pursuant to the state requirements of Florida’s records retention schedulethis section. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, BPS in a format that is compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇BPS.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Software License Addendum

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record law. The Provider will keep and maintain public records required by the OAG to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG with a copy of the requested records at no cost to the OAG OAG, or allow the records to be inspected or copied by the member of the public making the records request at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Provider. If the Provider transfers all public records to the OAG upon completion or termination of the Agreement, the Provider will destroy all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public recordsrecords , consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, in a format compatible with the information technology systems of the OAG. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT ▇▇▇-▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL▇▇▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇, PL-01▇▇-▇▇, THE CAPITOL▇▇▇ ▇▇▇▇▇▇▇, TALLAHASSEE▇▇▇▇▇▇▇▇▇▇▇, FL 32399▇▇ ▇▇▇▇▇-1050▇▇▇▇.

Appears in 1 contract

Sources: Grant Agreement

Public Records. The Provider will FIU is subject to applicable public records laws as provided by provisions of Florida Statutes Chapter 119, and Vendor must comply with Chapter 119such laws to the extent applicable to Vendor. Without limitation of the foregoing, if Vendor is a “contractor” as defined under Section 119.0701, Florida Statutes, Florida’s public record law. The Provider will keep it shall comply with the following requirements: (a) Keep and maintain public records that ordinarily and necessarily would be required by the OAG FIU in order to perform all services required under this Agreement. A request the service; (b) Provide the public with access to inspect or copy public records relating to this Agreement must be made directly to on the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will same terms and conditions that FIU would provide the OAG with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure ; (c) Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law law; and (d) Meet all requirements for the duration of the Agreement term and following completion of the Agreement if the Provider does not transfer the records to the OAG. If the Provider fails to provide the retaining public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically and transfer, at no cost, all public records to the OAG upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, FIU all public records in possession of the Provider. If the Provider transfers all public records to the OAG Vendor upon completion or termination of the Agreement, the Provider will Agreement (or upon request by FIU) and destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, FIU in a format that is compatible with the FIU’s information technology systems of the OAGsystems. The OAG FIU may unilaterally terminate this cancel the Agreement if the Provider refuses for Vendor’s refusal to allow public access to all public records that were made or maintained by the Provider received in conjunction with this the Agreement. This provision shall survive termination or expiration of the Agreement. FIU will respond to such public records requests without any duty to give the Vendor prior notice. However, in the event any of Vendor’s IP (defined below) or other information is exempt from disclosure pursuant to the Public Records laws AND is clearly marked as confidential, FIU will not disclose such IP or information to any third party to the extent permitted by Florida law, unless otherwise authorized in writing by the records are exempt from section 24(a) of ArtVendor. IIF THE VENDOR HAS QUESTIONS REGARDING THE APPLICABILITY OF CHAPTER 119 OF THE FLORIDA STATUTES TO THE VENDOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) ▇▇▇-▇▇▇▇, BY EMAIL AT ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇, OR BY MAIL AT ▇▇▇▇▇ ▇.▇. 8th ST., GL ▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.

Appears in 1 contract

Sources: Supplemental Addendum Software

Public Records. The Provider will AMSKILLS shall comply with the requirements of Florida's Public Records Act, Chapter 119, Florida Statutes. To the extent required by Section 119.0701, Florida’s public record law. The Provider will Florida Statutes, AMSKILLS shall (a) keep and maintain those public records required by the OAG COUNTY hereunder to perform all services required the service under this the Agreement. A ; (b) upon request to inspect or copy from the COUNTY's custodian of public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. Upon request by the OAG to inspect or copy public records relating to this Agreement, the Provider will provide the OAG COUNTY with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by for under Florida's Public Records law. The Provider must ; (c) ensure that in allowing the public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement contract term and following completion of the Agreement if contract If the Provider AMSKILLS does not transfer the records to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, all public records to the OAG COUNTY; and (d) upon becoming aware of any impending closure or event that renders the Provider unable to perform said services. Upon completion of this Agreementthe contract, the Provider will keep and maintain public records required by the OAG to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAGtransfer, at no cost to the OAGCOUNTY, all public records in possession of the ProviderAMSKILLS. If the Provider transfers all public records to the OAG upon completion or termination of the AgreementUpon transfer, the Provider will AMSKILLS shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider keeps and maintains public records upon completion of the Agreement, it must meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, upon request of its Custodian of Public Records, at no cost to the OAG, COUNTY in a format that is compatible with the information Information technology systems of the OAGCOUNTY. The OAG may unilaterally terminate All documentation produced as part of this Agreement if will become the Provider refuses to allow access to all public records made property of the COUNTY. This paragraph shall survive the expiration or maintained by the Provider in conjunction with termination of this Agreement. CHAPTER 119, unless the records are exempt from section 24(aFLORIDA STATUTES, TO THE AMSKILLS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, OFFICE OF ECONOMIC GROWTH, AT TELEPHONE NUMBER (▇▇▇) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇, E-MAIL ADDRESS ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, OFFICE OF THE ATTORNEY GENERALWEST PASCO GOVERNMENT CENTER, PL-01▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇, THE CAPITOL▇▇▇▇▇ ▇▇▇, TALLAHASSEE▇▇▇ ▇▇▇▇▇▇▇▇▇▇, FL 32399▇▇▇▇▇▇▇ ▇▇▇▇▇. Under Florida law, in the event that AMSKILLS fails to provide the public records to the COUNTY within a reasonable time may be subject to penalties under Section 119.10,Florida Statutes, and such non-1050compliance will constitute a breach of the Agreement and may serve as grounds for termination of this Agreement. Such records shall be and remain available at the AMSKILLS's place of business at all reasonable times during the term of this Agreement and for five (5) years after Agreement termination.

Appears in 1 contract

Sources: Grant Agreement

Public Records. The Provider will comply with Chapter 119To the extent ▇▇▇▇▇▇▇▇ is acting on behalf of the HFA as stated in Section 119.0701, Florida Statutes, Florida’s public record law. The Provider will keep ▇▇▇▇▇▇▇▇ shall: 11.3.1 Keep and maintain public records required by the OAG HFA to perform all the services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the request. ; 11.3.2 Upon request by from the OAG to inspect or copy public records relating to this AgreementHFA, the Provider will provide the OAG HFA with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request within a reasonable time and at a cost that does not exceed the cost that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. The Provider must ensure ; 11.3.3 Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure record requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the this Agreement term and following completion or termination of the this Agreement if the Provider does records are not transfer the records transferred to the OAG. If the Provider fails to provide the public records to the OAG within a reasonable time, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation HFA; and 11.3.4 Upon completion or termination of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, transfer to the Provider will electronically transferHFA, at no cost, all public records to the OAG upon becoming aware in possession of any impending closure ▇▇▇▇▇▇▇▇, or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG HFA to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservices. If ▇▇▇▇▇▇▇▇ transfers the Provider transfers all public records to the OAG upon completion or termination of the AgreementHFA, the Provider will ▇▇▇▇▇▇▇▇ shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirementsexempt. If the Provider ▇▇▇▇▇▇▇▇ keeps and maintains the public records upon completion of the Agreementrecords, it must ▇▇▇▇▇▇▇▇ shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAG, HFA upon request of its Custodian of Public Records, at no cost to the OAG, in a format that is compatible with the information technology systems of the OAGHFA. The OAG may unilaterally terminate A request for public records regarding this Agreement if must be made directly to the Provider refuses HFA, who will be responsible for responding to allow access to all any such public records made or maintained by the Provider in conjunction with this Agreement, unless the records are exempt from section 24(a) of Art. I, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutesrequests. ▇▇▇▇▇▇▇▇ will provide any requested records to the HFA to enable the HFA to respond to the public records request. Any material submitted to the HFA that ▇▇▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇ 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 the HFA for records designated by ▇▇▇▇▇▇▇▇ as Trade Secret Materials, the HFA shall refrain from disclosing the Trade Secret Materials, unless otherwise ordered by a court of competent jurisdiction or authorized in writing by ▇▇▇▇▇▇▇▇. ▇▇▇▇▇▇▇▇ shall indemnify and defend the HFA 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.‌‌ ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇, ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, .▇▇▇▇ ▇▇▇, OFFICE OF THE ATTORNEY GENERAL, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050.▇▇▇▇

Appears in 1 contract

Sources: Accounting Services Agreement

Public Records. The Provider will comply with Chapter 119, Florida Statutes, Florida’s public record lawCONTRACTOR covenants and agrees to: 1. The Provider will keep Keep and maintain public records required by the OAG TOWN to perform all services required under this Agreement. A request to inspect or copy public records relating to this Agreement must be made directly to the OAG. If the OAG does not possess the requested records, the OAG will immediately notify the Provider of the requestservice(s) contemplated herein. 2. Upon request by from the OAG to inspect or copy TOWN’s custodian of public records relating to this Agreementrecords, the Provider will provide the OAG TOWN with a copy of the requested records at no cost to the OAG or allow the records to be inspected or copied by the member of the public making the records request copies within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, 119 of the Florida Statutes, Statutes or as otherwise provided by law. 3. The Provider must ensure Ensure that in allowing public access to all documents, papers, letters, or other materials made or received in conjunction with this Agreement, those records that are exempt or confidential and exempt from public records disclosure requirements by operation of section 119.071, Florida Statutes or Chapter 119, Florida Statutes, are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the this Agreement and/or any amendment(s) issued hereunder if the Provider CONTRACTOR does not transfer the records to the OAGTOWN. 4. If Upon completion of the Provider fails to provide the public records to the OAG within a reasonable timeAgreement and/or any amendment(s) issued hereunder, it may be subject to penalties under section 119.10, Florida Statutes, as well as unilateral cancellation of this Agreement by the OAG. In the event the Provider’s business closes or the Provider is permanently unable to perform under this Agreement, the Provider will electronically transfer, at no cost, to the TOWN all public records to in possession of the OAG upon becoming aware of any impending closure CONTRACTOR or event that renders the Provider unable to perform said services. Upon completion of this Agreement, the Provider will keep and maintain public records required by the OAG TOWN to perform the services to be provided in the scope of this Agreement, or electronically transfer in a file format compatible with the information technology systems of the OAG, at no cost to the OAG, all public records in possession of the Providerservice. If the Provider CONTRACTOR transfers all public records to the OAG public agency upon completion or termination of the AgreementAgreement and/or any amendment(s) issued hereunder, the Provider will CONTRACTOR shall destroy all any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Provider CONTRACTOR keeps and maintains public records upon completion of the AgreementAgreement and/or any Amendment(s) issued hereunder, it must the CONTRACTOR shall meet all applicable requirements for retaining public records, consistent with the state of Florida’s records retention schedule. All public records stored electronically must be provided to the OAGTOWN, upon request from the TOWN’S custodian of its Custodian of Public Records, at no cost to the OAGpublic records, in a format that is compatible with the information technology systems of the OAGTOWN. The OAG may unilaterally terminate this Agreement if the Provider refuses to allow access to all public records made or maintained by the Provider in conjunction with this Agreement8330, unless the records are exempt from section 24(a) of ArtEXT. I258, Florida State Constitution, and sections 119.07(1) or 960.15, Florida Statutes. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇ , ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, OFFICE OF THE ATTORNEY GENERALIf the CONTRACTOR does not comply with a public records request, PL-01, THE CAPITOL, TALLAHASSEE, FL 32399-1050the TOWN shall enforce the Agreement and/or any amendment(s) issued hereunder which may include immediate termination of Agreement and/or any amendment(s) issued hereunder. This Section shall survive the termination of this Agreement.

Appears in 1 contract

Sources: Construction Agreement