Common use of Public Records Clause in Contracts

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 82 contracts

Sources: Contract Agreement, Contract for Mail Processing Equipment, Information Technology Staff Augmentation Services Contract

Public Records. IF THE RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LESSEE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS (▇▇▇)▇▇▇-▇▇▇▇, ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇; ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, Suite C, Milton, Florida 32570. (A) The Department may unilaterally cancel this Contract for refusal by the Contractor to Recipient shall comply with this section by not allowing public access to all documentsrecords laws, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallspecifically to: (a) 1. Keep and maintain public records required by the public agency to perform the service;. (b) 2. Upon request from the public agency’s 's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;. (d) 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 8 contracts

Sources: Miscellaneous Appropriations Agreement, Miscellaneous Appropriations Agreement, Miscellaneous Appropriations Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for Concessionaire will keep and maintain the purposes public records required to perform the services under this Agreement. b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of this section the contract manager is the agency custodian of public records, unless another is designated per (e“Contractor” found in Section 119.0701(1)(a), below. IfF.S.; [i.e., under an individual, partnership, corporation, or business entity that enters into a resulting contract or purchase order, the Contractor is providing for services with a public agency and is acting on behalf of a the public agency], as provided by section then the following requirements apply: 1. Pursuant to §119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain F.S., a request to inspect or copy public records required by relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public agency records to perform the service;Department within a reasonable time, the Concessionaire may be subject to penalties under §119.10, F.S. (b) 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERDepartment.

Appears in 6 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section section, the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 6 contracts

Sources: Participating Addendum, Participating Addendum, Participating Addendum

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The , the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 4 contracts

Sources: Mobile on Site Shredding Services Contract, Mobile on Site Shredding Services Contract, Mobile on Site Shredding Services Contract

Public Records. The Department A. All records in conjunction with this Grant shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor Grantee to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor Grantee in conjunction with the Contractthis Agreement, unless exemption for such records is allowable under Florida law. C. If the records are exempt from section 24(aGrantee meets the definition of “Contractor” in Section 119.0701(1)(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallGrantee shall comply with the following: (a) i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: ii. Keep and maintain public records required by the public agency Commission to perform the service;. (b) iii. Upon request from the public agencyCommission’s custodian of public records, provide the public agency Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, F.S. or as otherwise provided by law;. (c) iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;Commission. (d) v. Upon completion of the contract, contract transfer, at no cost, to the public agency Commission all public records in possession of the Contractor or keep and maintain public records required by the public agency Commission to perform the service. If the contractor Contractor transfers all public records to the public agency Commission upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCommission, upon request from the public agencyCommission’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERCommission.

Appears in 4 contracts

Sources: Grant Agreement, Grant Agreement, Grant Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Florida Constitution and section 119.07(1), F.S. Florida Statutes. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 OF THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERORDERING ENTITY.

Appears in 3 contracts

Sources: Member Requested Participation Agreement (Mpa), Member Requested Participation Agreement (Mpa), Participation Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal 17.1. This Agreement is subject to and governed by the Contractor to comply with this section by not allowing laws of the State of Florida, including without limitation Chapter 119, F.S., which generally makes public access to all documents, papers, letters records or other material writings made by or received by the Parties. Contractor in conjunction acknowledges its legal obligation to comply with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1)Section 119.0701, F.S. Solely for the purposes of this section the contract manager is the agency custodian of Contractor shall keep and maintain public records, unless another as that phrase is designated per (e)defined in the Florida Public Records Act, below. If, under a resulting contract or purchase order, the Contractor is providing services which would be required to be kept and is acting on behalf of a public agency, as provided maintained by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency SBCC in order to perform the service; (b) Upon scope of services. Contractor shall comply with all requirements for retaining public records and shall transfer, at no cost to SBCC, all public records in the possession of Contractor upon a request from the public agency’s custodian of for such public records. See Section 119.0701(2)(b)4, F.S., for additional record keeping requirements. 17.2. A request to inspect or copy public records relating to SBCC’s contract for services must be made directly to SBCC’s Custodian of Public Records. If SBCC does not possess the requested records, SBCC’s Custodian of Public Records shall immediately notify Contractor of the request. Contractor must provide the public agency with a copy of the requested records to SBCC or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S. If Contractor does not timely comply with SBCC’s request for records, or as otherwise provided by law;SBCC shall be able to ▇▇▇ for breach of contract and the prevailing party shall be entitled to attorney’s fees. (c17.3. Should Contractor fail to provide the requested public records to SBCC within a reasonable time, Contractor understands and acknowledges that it may be subject to penalties under Sections 119.0701(3)(c) Ensure that and 119.10, F.S. 17.4. Contractor shall not disclose public records that are exempt exempt, or confidential and exempt exempt, from public records disclosure are not disclosed except as unless specifically authorized by law for the duration of the contract this Agreement term and following the completion completion, expiration, or termination of the contract same if the contractor Contractor does not transfer the records to the public agency; (d) SBCC. Upon completion completion, expiration, or termination of the contractthis Agreement, Contractor shall transfer, at no costcost to SBCC, to the public agency all public records in its possession of the Contractor or keep and maintain public records required by the public agency SBCC to perform the serviceservices. If the contractor Contractor transfers all public records to the public agency upon completion of the contractSBCC, the contractor Contractor shall destroy any duplicate public records that are exempt exempt, or confidential and exempt exempt, from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion completion, expiration, or termination of the contractthis Agreement, the contractor Contractor shall meet all applicable requirements for retaining public recordsrecords and provide requested records to SBCC pursuant to the requirements of this Article. All public records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, SBCC in a format that is compatible with the information technology systems of the public agency; andSBCC. (e) 17.5. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE OR CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTRACTOR SHALL CONTACT THE SCHOOL DISTRICT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, OR PURCHASE ORDERAT 904-336-6500, OR AT: ▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇▇

Appears in 3 contracts

Sources: Service Agreement, Service Agreement, Service Agreement

Public Records. The Department may unilaterally cancel For purposes of this Contract for refusal by section, the Contractor to comply with this section by not allowing term “public access to records” shall mean all documents, papers, letters letters, electronic communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing software, or other material material, regardless of the physical form, characteristics or means of transmission, made or received by the Contractor received, pursuant to law or ordinance or in conjunction connection with the Contracttransaction of official business by The Children’s Trust, unless including this Contract and the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), belowServices provided thereunder. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by Pursuant to section 119.0701, Florida Statutes. The Contractor , if the Provider meets the definition of “Contractor” as defined in section 119.0701(1)(a), the Provider shall: (a) 1. Keep and maintain public records required by the public agency The Children’s Trust to perform the service;Services under this Contract. (b) 2. Upon request from the public agencyThe Children’s Trust’s custodian of public records, provide the public agency The Children’s Trust with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or and/or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Contract term and following the completion of the contract Contract if the contractor Provider does not transfer the records to the public agency;The Children’s Trust. (d) 4. Upon completion of the contractContract, transfer, at no cost, to the public agency The Children’s Trust all public records in possession of the Contractor Provider or keep and maintain public records required by the public agency The Children’s Trust to perform the service. If the contractor Provider transfers all public records to the public agency The Children’s Trust upon completion of the contractContract, the contractor Provider shall destroy any duplicate public records that are exempt or and/or confidential and exempt from public records disclosure requirements. If the contractor Provider keeps and maintains public records upon completion of the contractContract, the contractor Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyThe Children’s Trust, upon request from the public agencyThe Children’s Trust’s custodian of public records, in a format that is compatible with the The Children’s Trust’s information technology systems of the public agency; and (e) systems. IF THE CONTRACTOR PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORPROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER305.571.5700, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇. In the event Provider does not comply with the public records requirements set forth in chapter 119, Florida Statutes, and this Contract, The Children’s Trust may avail itself of the remedies set forth in Sections I: Breach of Contract and Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida Statutes. In the event the Provider fails to meet any of these provisions or fails to comply with Florida’s Public Records laws, the Provider shall be responsible for indemnifying The Children’s Trust in any resulting litigation, including all final appeals, and the Provider shall defend its claim that any public record is confidential, trade secret, or otherwise exempt from inspection and copying under Florida’s Public Records laws.

Appears in 3 contracts

Sources: Contract, Contract, Contract

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to CONSULTANT shall comply with this section by not allowing public access to all documentsapplicable requirements contained in the Florida Public Records Law (Chapter 119, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1Florida Statutes), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. The Contractor To the extent that the CONSULTANT and this Project Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the CONSULTANT shall: (a) Keep and maintain public records required by the public agency CITY to perform the service;services provided hereunder. (b) Upon request from the public agencyCITY’s custodian of public records, provide the public agency CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed disclosed, except as authorized by law for the duration of the contract term of this Project Agreement and following the completion of the contract this Project Agreement if the contractor CONSULTANT does not transfer the records to the public agency;CITY. (d) Upon completion of the contractProject Agreement, transfer, at no cost, to the public agency CITY all public records in the possession of the Contractor CONSULTANT or keep and maintain public records required by the public agency CITY to perform the service. If the contractor CONSULTANT transfers all public records to the public agency CITY upon completion of the contractProject Agreement, the contractor CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor CONSULTANT keeps and maintains public records upon completion of the contractProject Agreement, the contractor CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCITY, upon request from the public agencyCITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. If the CONSULTANT fails to comply with the requirements in this Section 12, the CITY may enforce these provisions in accordance with the terms of this Project Agreement. If the CONSULTANT fails to provide the public agency; and (e) records to the CITY within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes. IF THE CONTRACTOR CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTPROJECT AGREEMENT, THE CONSULTANT SHOULD CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT RECORDS: THE CITY CLERK, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, BY TELEPHONE NUMBER(954/▇▇▇-▇▇▇▇), EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN E-MAIL (CITYCLERK @▇▇▇▇▇▇▇▇▇.▇▇▇), OR MAIL (CITY OF SUNRISE, OFFICE OF THE RESULTING CONTRACT OR PURCHASE ORDERCITY CLERK, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ 33351).

Appears in 3 contracts

Sources: Project Agreement, Project Agreement, Project Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire shall comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Contract are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep Concessionaire shall keep and maintain public records required by the public agency Department to perform the service;services under this Contract. (b) b. This Contract may be unilaterally canceled by the Department for refusal by the Concessionaire to either provide to the Department upon request, or to allow inspection and copying of all public records made or received by the Concessionaire in conjunction with this Contract and subject to disclosure under Chapter 119, F.S., and Section 24(a), Article I, Florida Constitution. c. If Concessionaire meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: 1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Contract for services must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public records to the Department within a reasonable time, the Concessionaire may be subject to penalties under s. 119.10, F.S. 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire shall provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire shall identify and ensure that all public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Contract term and following the completion of the contract Contract if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractContract, Concessionaire shall transfer, at no costcost to Department, to the public agency all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceservices under this Contract. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractContract, the contractor Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractContract, the contractor Concessionaire shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below:

Appears in 3 contracts

Sources: Concession Agreement, Concession Agreement, Concession Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by 6.1 To the Contractor to comply with this section by not allowing public access to extent that RECIPIENT meets the definition of “Contractor” under Section 119.0701, F.S., all documents, including papers, letters letters, or any other material made record or received by the Contractor in conjunction with the Contract, unless the records materials prepared pursuant to this AGREEMENT are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), belowsubject to Florida’s Public Records Law. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallRECIPIENT must: (a) 6.1.1 Keep and maintain public records required by the public agency DEPARTMENT to perform the service;. (b) 6.1.2 Upon request from the public agencyDEPARTMENT’s custodian of public records, provide the public agency DEPARTMENT with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a no cost that does not exceed to the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;DEPARTMENT. (c) 6.1.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term period and following the completion or termination of the contract if the contractor RECIPIENT does not transfer the records to the public agency;DEPARTMENT. (d) 6.1.4 Upon completion or termination of the contract, transfer, at no cost, to the public agency DEPARTMENT all public records in possession of the Contractor RECIPIENT or keep and maintain public records required by the public agency DEPARTMENT to perform the service. If the contractor RECIPIENT transfers all public records to the public agency DEPARTMENT upon completion or termination of the contract, the contractor RECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor RECIPIENT keeps and maintains public records upon completion or termination of the contract, the contractor RECIPIENT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyDEPARTMENT, upon request from the public agencyDEPARTMENT’s custodian of public records, in a format that is compatible with the information technology systems of the DEPARTMENT. 6.2 The DEPARTMENT shall have the right of unilateral cancellation for refusal by the RECIPIENT to allow public agency; andaccess to all documents, papers, letters or other material made or received by the RECIPIENT in conjunction with the contract, unless the records are exempt from s. 24(a) of Article I of the State Constitution and Section 119.07(1), F.S. (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1196.3 Nothing in this article shall be considered a waiver of the provisions of Section 119.0701, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.F.S.

Appears in 3 contracts

Sources: State Financial Assistance Recipient Agreement, State Financial Assistance Recipient Agreement, State Financial Assistance Recipient Agreement

Public Records. The Department may unilaterally cancel In addition to all other contract requirements as provided by law, the contractor executing this Contract for refusal by the Contractor agreement agrees to comply with this section by not allowing public access to all documentsrecords law. RECORDS AT: ▇▇▇-▇▇▇-▇▇▇▇, papers▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇, letters or other material made or received by the Contractor in conjunction with the Contract▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇ N, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1)St. Petersburg, F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida StatutesFL 33716. The Contractor shallcontractor’s agreement to comply with public records law applies specifically to: (a) Keep and maintain public records required by the Pinellas Suncoast Transit Authority (hereinafter “public agency agency”) to perform the service;service being provided by the contractor hereunder. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and 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;. (c) Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public 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 contractor hereby acknowledges and agrees that if the 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 provide the public records to the public 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 (eh)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, 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) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERA contractor who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement.

Appears in 3 contracts

Sources: Transportation Services Agreement, Services Agreement, Funding Agreement

Public Records. The Department may unilaterally cancel For purposes of this Contract for refusal by section, the Contractor to comply with this section by not allowing term “public access to records” shall mean all documents, papers, letters letters, electronic communications, maps, books, tapes, photographs, films and video recordings, sound recordings, data processing software, or other material material, regardless of the physical form, characteristics or means of transmission, made or received by the Contractor received, pursuant to law or ordinance or in conjunction connection with the Contracttransaction of official business by The Children’s Trust, unless including this Contract and the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), belowServices provided thereunder. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by Pursuant to section 119.0701, Florida Statutes. The Contractor , if the Provider meets the definition of “Contractor” as defined in section 119.0701(1)(a), the Provider shall: (a) 1. Keep and maintain public records required by the public agency The Children’s Trust to perform the service;Services under this Contract. (b) 2. Upon request from the public agencyThe Children’s Trust’s custodian of public records, provide the public agency The Children’s Trust with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter chapter 119, Florida Statutes, or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or and/or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Contract term and following the completion of the contract Contract if the contractor Provider does not transfer the records to the public agency;The Children’s Trust. (d) 4. Upon completion of the contractContract, transfer, at no cost, to the public agency The Children’s Trust all public records in possession of the Contractor Provider or keep and maintain public records required by the public agency The Children’s Trust to perform the service. If the contractor Provider transfers all public records to the public agency The Children’s Trust upon completion of the contractContract, the contractor Provider shall destroy any duplicate public records that are exempt or and/or confidential and exempt from public records disclosure requirements. If the contractor Provider keeps and maintains public records upon completion of the contractContract, the contractor Provider shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyThe Children’s Trust, upon request from the public agencyThe Children’s Trust’s custodian of public records, in a format that is compatible with the The Children’s Trust’s information technology systems of the public agency; and (e) systems. IF THE CONTRACTOR PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORPROVIDER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER305.571.5700, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER▇▇▇▇▇▇.▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇. In the event Provider does not comply with the public records requirements set forth in chapter 119, Florida Statutes, and this Contract, The Children’s Trust may avail itself of the remedies set forth in Sections I: Breach of Contract and Remedies and J: Termination By Either Party of this Contract. Additionally, a Provider who fails to provide the public records as required by law within a reasonable amount of time may be subject to penalties under section 119.10, Florida Statutes. In the event the Provider fails to meet any of these provisions or fails to comply with Florida’s Public Records laws, the Provider shall be responsible for indemnifying The Children’s Trust in any resulting litigation, including all final appeals, and the Provider shall defend its claim that any public record is confidential, trade secret, or otherwise exempt from inspection and copying under Florida’s Public Records laws.

Appears in 2 contracts

Sources: Contract, Contract

Public Records. (I) The Department may unilaterally cancel this Contract the Purchase Order for refusal by the Contractor to comply with this section by not allowing public access to all documentspublic records, papersas defined in Chapter 119, letters or other material F.S., made or received by the Contractor in conjunction with the Contract, unless the records are exempt from Purchase Order. (II) Pursuant to section 24(a) of Article I of the State Constitution and section 119.07(1119.0701(2)(a), F.S. Solely F.S., for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under contracts for services with a resulting contract or purchase order, the Contractor is providing services and is contractor acting on behalf of a public agency, as provided by defined in section 119.0701119.011(2), Florida Statutes. The F.S., the following applies: (III) Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a1) Keep and maintain public records required by the public agency to perform the service;. (b2) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S., or as otherwise provided by law;. (c3) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the term of the Purchase Order and any contract term under which the Purchase Order is issued and following the completion of the Purchase Order and any contract under which the Purchase Order is issued if the contractor does not transfer the records to the public agency;. (d4) Upon completion of the contractPurchase Order, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contractPurchase Order, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 2 contracts

Sources: Purchase Order Terms & Conditions, Purchase Order Terms & Conditions

Public Records. The Department A. All records in conjunction with this Grant shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor Grantee to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor Grantee in conjunction with the Contractthis Agreement, unless exemption for such records is allowable under Florida law. C. If the records are exempt from section 24(aGrantee meets the definition of “Contractor” in Section 119.0701(1)(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallGrantee shall comply with the following: (a) i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: ▇▇▇-▇▇▇-▇▇▇▇, ii. Keep and maintain public records required by the public agency Commission to perform the service;. (b) iii. Upon request from the public agencyCommission’s custodian of public records, provide the public agency Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, F.S. or as otherwise provided by law;. (c) iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;Commission. (d) v. Upon completion of the contract, contract transfer, at no cost, to the public agency Commission all public records in possession of the Contractor or keep and maintain public records required by the public agency Commission to perform the service. If the contractor Contractor transfers all public records to the public agency Commission upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCommission, upon request from the public agencyCommission’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERCommission.

Appears in 2 contracts

Sources: Florida Artificial Reef Program Agreement, Derelict Vessel Removal Grant Agreement

Public Records. 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 (A) The Department may unilaterally cancel this Contract for refusal by the Contractor to shall comply with this section by not allowing public access to all documentsrecords laws, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallspecifically to: (a) 1. Keep and maintain public records required by the public agency to perform the service;. (b) 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;. (d) 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and. (eB) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Request for records; noncompliance. 1. 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, FLORIDA STATUTESthe public agency shall immediately notify the contractor of the request, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTand the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 2. If a Contractor does not comply with the public agency’s request for records, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERthe public agency shall enforce the contract provisions in accordance with the contract. 3. 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.

Appears in 2 contracts

Sources: Supplemental Services Agreement, Construction Agreement

Public Records. The Department A. All records in conjunction with this Grant shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor Grantee to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor Grantee in conjunction with the Contractthis Agreement, unless exemption for such records is allowable under Florida law. C. If the records are exempt from section 24(aGrantee meets the definition of “Contractor” in Section 119.0701(1)(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallGrantee shall comply with the following: (a) i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: ▇▇▇-▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇, and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ii. Keep and maintain public records required by the public agency Commission to perform the service;. (b) iii. Upon request from the public agencyCommission’s custodian of public records, provide the public agency Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, F.S. or as otherwise provided by law;. (c) iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;Commission. (d) v. Upon completion of the contract, contract transfer, at no cost, to the public agency Commission all public records in possession of the Contractor or keep and maintain public records required by the public agency Commission to perform the service. If the contractor Contractor transfers all public records to the public agency Commission upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCommission, upon request from the public agencyCommission’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERCommission.

Appears in 2 contracts

Sources: Grant Agreement, Grant Agreement

Public Records. 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 (▇▇▇)▇▇▇-▇▇▇▇, (A) The Department may unilaterally cancel this Contract for refusal by the Contractor to shall comply with this section by not allowing public access to all documentsrecords laws, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallspecifically to: (a) 1. Keep and maintain public records required by the public agency to perform the service;. (b) 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;. (d) 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 2 contracts

Sources: Standard Form of Agreement Between Owner and Contractor, Standard Form of Agreement Between Owner and Contractor

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for Concessionaire will keep and maintain the purposes public records required to perform the services under this Agreement. b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of this section the contract manager is the agency custodian of public records, unless another is designated per (e“Contractor” found in Section 119.0701(1)(a), below. IfF.S.; [i.e., under an individual, partnership, corporation, or business entity that enters into a resulting contract or purchase order, the Contractor is providing for services with a public agency and is acting on behalf of a the public agency], as provided by section then the following requirements apply: 1. Pursuant to §119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain F.S., a request to inspect or copy public records required by relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public agency records to perform the service;Department within a reasonable time, the Concessionaire may be subject to penalties under §119.10, F.S. (b) 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below:

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Public Records. The Department A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor Recipient to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor Recipient in conjunction with the Contractthis Agreement, unless exemption for such records is allowable under Florida law. C. If the records are exempt from section 24(aRecipient meets the definition of “Contractor” in Section 119.0701(1)(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallRecipient shall comply with the following: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERAT: ▇▇▇-▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇, and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission’s custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission’s custodian of public records, in a format that is compatible with the information technology systems of the Commission.

Appears in 2 contracts

Sources: Recipient/Subrecipient Agreement, Recipient/Subrecipient Agreement

Public Records. A. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply access to, disclosure, non-disclosure, or exemption of records, data, documents, or materials associated with this section by not allowing public Agreement shall be subject to the applicable provisions of the Florida Public Records Law (Chapter 119, Florida Statutes), and other applicable State or Federal law. It is specifically understood that access to all documents“personally identifiable information” as defined in HIPAA, papersis controlled by, letters or other material made or received by and subject to, the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) provisions of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public HIPAA. Access to such records, unless another is designated per (e)may not be blocked, below. Ifthwarted, and/or hindered by placing the public records in the possession of a third party, or an unaffiliated party. B. In accordance with Florida law, to the extent that the Providers’ performance under a resulting contract or purchase order, the Contractor is providing services and is acting this Agreement constitutes an act on behalf of a SJC, the Providers shall comply with all requirements of Florida’s public agencyrecords law. Specifically, as provided by section 119.0701if the Providers are expressly authorized, Florida Statutes. The Contractor and acts on behalf of SJC under this Agreement, the Providers shall: (a) 1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency SJC in order to perform the serviceServices; (b) 2. Upon request from the public agencySJC’s custodian of public records, provide the public agency SJC with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost as provided in Chapter 119, Florida Statutes, or as otherwise provided by law; (c) 3. Ensure that public records related to this Agreement that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by applicable law for the duration of the contract term this Agreement and following the completion of the contract this Agreement if the contractor does Providers do not transfer the records to the public agency;SJC; and (d) 4. Upon completion of the contractthis Agreement, transfer, at no cost, to the public agency SJC all public records in possession of the Contractor Providers or keep and maintain public records required by the public agency SJC to perform the serviceServices. 5. If the contractor Providers transfers all public records to the public agency SJC upon completion of the contractthis Agreement, the contractor Providers shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Providers keeps and maintains public records upon completion of the contractthis Agreement, the contractor Providers shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencySJC, upon request from the public agencySJC’s custodian of public records, in a format that is compatible with the SJC’s information technology systems systems. 6. Failure by the Providers to comply with the requirements of the public agency; andthis section shall be grounds for immediate, unilateral termination of this Agreement by SJC. (e) 7. IF THE CONTRACTOR HAS PROVIDERS HAVE QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.AT:

Appears in 2 contracts

Sources: Interagency Training Agreement, Interagency Training Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire shall comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep Concessionaire shall keep and maintain public records required by the public agency Department to perform the service;services under this Agreement. (b) b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: 1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department shall immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public records to the Department within a reasonable time, the Concessionaire may be subject to penalties under s. 119.10, F.S. 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire shall provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire shall identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire shall either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor Concessionaire shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor Concessionaire shall meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below:

Appears in 2 contracts

Sources: Concession Agreement, Concession Agreement

Public Records. The Department A. This Agreement may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor Grantee to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor Grantee in conjunction with the Contractthis Agreement, unless exemption for such records is allowable under Florida law. B. If the records are exempt from section 24(aGrantee meets the definition of “Contractor” in Section 119.0701(1)(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallGrantee shall comply with the following: (a) i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: ▇▇▇-▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇, and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ii. Keep and maintain public records required by the public agency Commission to perform the service;. (b) iii. Upon request from the public agencyCommission’s custodian of public records, provide the public agency Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, F.S. or as otherwise provided by law;. (c) iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;Commission. (d) v. Upon completion of the contract, contract transfer, at no cost, to the public agency Commission all public records in possession of the Contractor or keep and maintain public records required by the public agency Commission to perform the service. If the contractor Contractor transfers all public records to the public agency Commission upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCommission, upon request from the public agencyCommission’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERCommission.

Appears in 2 contracts

Sources: Grant Agreement, Derelict Vessel Removal Grant Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor StarCompliance acknowledges that SBA Data will constitute “public records” which will be subject to comply with this section by not allowing public access and disclosure under Chapter 119, Florida Statutes, as amended from time to all documentstime (“Chapter 119, papers, letters or other material made or received by the Contractor in conjunction with the Contract, Florida Statutes”) unless the such records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, disclosure under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701Chapter 119, Florida Statutes. The Contractor To the extent applicable, StarCompliance shall comply with Chapter 119, Florida Statutes. In particular, StarCompliance shall: (a) Keep and maintain public records required by the public agency Client in order to perform the serviceservices under the Agreement; (b) Upon request from the public agencyClient’s custodian of public records, provide the public agency Client with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, Statutes or as otherwise provided by Florida law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term of the Agreement and following the completion of the contract Agreement if the contractor StarCompliance does not transfer the records to the public agencyClient; (d) Upon completion of the contractAgreement, transfer, at no cost, to the public agency Client all public records in Star Compliance’s possession of the Contractor or keep and maintain public records required by the public agency Client to perform the service. If the contractor StarCompliance transfers all public records to the public agency Client upon completion of the contractAgreement, the contractor StarCompliance shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor StarCompliance keeps and maintains public records upon completion of the contractAgreement, the contractor StarCompliance shall meet all applicable requirements for retaining public records. All StarCompliance shall provide all records that are stored electronically must be provided to the public agencyClient, upon request from the public agencyClient’s custodian of public records, in a format that is compatible with the information technology systems of the public agencyClient; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Notwithstanding anything contained in the Section 14 to the contrary, FLORIDA STATUTESit is understood by and between the Parties, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTthat StarCompliance shall keep and maintain Client’s data during the term of this Agreement and thereafter, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERonly until such time as StarCompliance has returned such data to Client in a format to be mutually agreed between the Parties. Upon transition of Client’s data back to Client (with Client confirming the same), EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.StarCompliance shall permanently delete such records from its system. Each party has caused this Agreement, including all applicable Schedules attached, to be executed by its duly authorized representative. By: By: Name: Title: Date: ▇▇▇▇▇▇▇▇ ▇▇▇▇▇ Controller May 7, 2021 Name: Title: Date: ▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇ Executive Director & CIO May 10, 2021 SCHEDULE A: STARCOMPLIANCE PRODUCT SCHEDULE

Appears in 2 contracts

Sources: Software License and Services Agreement, Software License and Services Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the 8.3.1 Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and acknowledges that it is acting on behalf of a public agency, as provided by section ; 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. CONSULTANT acknowledges that some or all the documents generated or kept by CONSULTANT, or any sub-consultant may be deemed to be public records under Florida law, and CONSULTANT fully accepts any responsibility required by law in producing or making available said documents. 8.3.2 Contractor shall comply with the following with regard to public records and agrees to the following: 8.3.2.1 The Contractor shall: (a) Keep shall keep and maintain and not delete any and all public records required by the public agency and contractor necessary to perform the service;. (b) 8.3.2.2 Upon request from the public agency’s 's custodian of public records, the Contractor shall provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost costs provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) Ensure 8.3.2.3 The Contractor shall ensure that public records that are exempt or confidential and and, therefore exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;contract. (d) Upon 8.3.2.4 The Contractor shall, upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and and, therefore, exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s 's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 8.3.2.5 A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the custodian of public records for the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the Contractor of the request. The Contractor must provide the records to the public agency or allow the records to be inspected, copied or photographed within a reasonable time and in compliance with the requirements of §119.07, Florida Statutes. 8.3.2.6 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. 8.3.2.7 A Contractor who fails to provide public records to the public agency within a reasonable time may be subject to penalties under §119.10, Florida Statutes. 8.3.2.8 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: The court determines that the Contractor unlawfully refused to comply with the public records request within a reasonable time, and; andAt least eight (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. (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 8.3.2.9 The notice requirement is satisfied if written notice is sent to the public agency's custodian of public records and to the Contractor at the Contractor's address listed in this 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. 8.3.2.10 A Contractor who fully, completely, and timely complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. 8.3.2.11 If the Contractor Has Questions Regarding the Application Of Chapter 119, FLORIDA STATUTESFlorida Statutes, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTTo The Contractor's Duty To Provide Public Records Relating To This Contract, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERContact The Custodian Of Public Records At: City of Madeira Beach City Clerk ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ Madeira Beach, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERFL 33708 727-391-9951 Ext. 231 ▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇

Appears in 2 contracts

Sources: Design Services Agreement, Design Services Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to shall comply with this section by not allowing public access to all documentsapplicable requirements contained in the Florida Public Records Law (Chapter 119, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1Florida Statutes), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. The To the extent that the Contractor and this Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the Contractor shall: : (a) Keep keep and maintain public records required by the public agency City to perform the service; services provided hereunder; (b) Upon upon request from the public agencyCity’s custodian of public records, provide the public agency City with a copy of the requested records or allow the public records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; ; (c) Ensure ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed disclosed, except as authorized by law for the duration of the contract term of this Agreement and following the completion of the contract this Agreement if the contractor Contractor does not transfer the records to the public agency; City; and (d) Upon upon completion of the contractAgreement, transfer, at no cost, to the public agency City all public records in the possession of the Contractor or keep and maintain public records required by the public agency City to perform the service. If the contractor Contractor transfers all public records to the public agency City upon completion of the contractAgreement, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contractAgreement, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 CONTRACTAGREEMENT, THE CONTRACTOR SHOULD CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT RECORDS: THE TELEPHONE NUMBERCITY CLERK, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.▇▇▇▇▇▇▇

Appears in 1 contract

Sources: Piggyback Agreement

Public Records. § 17.1 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 (▇▇▇) ▇▇▇-▇▇▇▇, (A) The Department may unilaterally cancel this Contract for refusal by the Contractor to shall comply with this section by not allowing public access to all documentsrecords laws, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallspecifically to: (a) 1. Keep and maintain public records required by the public agency to perform the service;. (b) 2. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;. (d) 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and. (eB) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Request for records; noncompliance. 1. 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, FLORIDA STATUTESthe public agency shall immediately notify the Contractor of the request, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTand the Contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. 2. If a Contractor does not comply with the public agency’s request for records, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERthe public agency shall enforce the contract provisions in accordance with the contract. 3. 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.

Appears in 1 contract

Sources: Standard Form of Agreement Between Owner and Design Builder

Public Records. The Department may unilaterally cancel Customer is a public agency subject to Chapter 119, Florida Statutes. IF COMCAST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE COMCAST’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) ▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ , ▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇ ▇, YULEE, FLORIDA 32097. Under this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless to the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor extent that Comcast is providing the goods and/or services to Customer, and is acting on behalf of a public agency, as provided by section pursuant to Section 119.0701, Florida Statutes. The Contractor , Comcast shall: (a) a. Keep and maintain public records required by the public agency Customer to perform the service;provide goods and/or services. (b) b. Upon request from the public agencyCustomer’s custodian of public records, provide the public agency Customer with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Contract term and following the completion of the contract Contract if the contractor Comcast does not transfer the records to the public agency;Customer. (d) d. Upon completion of the contractContract, transfer, at no cost, to the public agency Customer all public records in possession of the Contractor Comcast or keep and maintain public records required by the public agency Customer to perform the service. If the contractor Comcast transfers all public records to the public agency Customer upon completion of the contractContract, the contractor Comcast shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Comcast keeps and maintains public records upon completion of the contractContract, the contractor Comcast shall meet all applicable requirements for retaining public records. All records stored electronically must shall be provided to the public agencyCustomer, upon request from the public agencyCustomer’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and Customer. EXHIBIT B The following additional terms and conditions are applicable to Sales Orders for Comcast’s Ethernet Dedicated Internet Service and Off-Net Dedicated Internet Access (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.the “Service”):

Appears in 1 contract

Sources: Master Services Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (▇▇▇) ▇▇▇-▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, FLORIDA 33966). Consultant is required to comply with this section by not allowing public access to all documentsthe Florida Public Records Law, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701Chapter 119, Florida Statutes. The Contractor shall, in the performance of its duties under this contract and will specifically: (a) Keep and maintain public records required by the public agency Board to perform the service;. (b) Upon request from the public agency’s Board's custodian of public records, provide the public agency Board with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in the Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Consultant does not transfer the records to the public agency;Board. (d) Upon completion of the contract, transfer, at no costcost to Board, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency Board to perform the service. If the contractor Consultant transfers all public records to the public agency Board upon completion of the contractContract, the contractor Consultant shall destroy any duplicate public records that are exempt exempt, or confidential and exempt from public records disclosure requirements. If the contractor Consultant keeps and maintains public records upon completion of the contract, the contractor Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyBoard, upon request from the public agency’s of Board's custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119Board. The failure of the Consultant to comply with these provisions, FLORIDA STATUTESif applicable, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTshall constitute a default and material breach of this Contract, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERwhich may result in immediate termination, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERwith no penalty to Board.

Appears in 1 contract

Sources: Consultant Contract

Public Records. The Department may unilaterally cancel Any record created by either party in accordance with this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor shall be retained and maintained in conjunction accordance with the Contract, unless the public records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701law, Florida Statutes, Chapter 119. The Contractor shallIF THE LOBBYIST HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE LOBBYIST’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT ▇▇▇-▇▇▇-▇▇▇▇ OR ▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, SUITE C, MILTON, FLORIDA 32570. Lobbyist must comply with the public records laws, Florida Statute chapter 119, specifically Lobbyist must: (a) a. Keep and maintain public records required by the public agency County to perform the service;. (b) b. Upon request from the public agencyCounty’s custodian of public records, provide the public agency County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, chapter 119 Florida Statutes, Statutes or as otherwise provided by law;. (c) c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor consultant does not transfer the records to the public agency;County. (d) d. Upon completion of the contract, transfer, at no cost, to the public agency County all public records in possession of the Contractor Lobbyist or keep and maintain public records required by the public agency County to perform the service. If the contractor Lobbyist transfers all public records to the public agency upon completion of the contract, the contractor consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor consultant keeps and maintains public records upon completion of the contract, the contractor Lobbyist shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 1 contract

Sources: Lobbyist Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by DESIGN PROFESSIONAL understands the Contractor broad nature of these laws and agrees with Florida’s Public Record Laws relating to comply with this section by not allowing public access to all documentsrecords retention. 18.13.1 If DESIGN PROFESSIONAL meets the definition of “contractor” under § 119.0701, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1Fla. Stats. (2023), F.S. Solely for the purposes of this section the and in addition to other contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderrequirements provided by law, the Contractor is providing services and DESIGN PROFESSIONAL agrees that it is acting as a CONTRACTOR on behalf of a public agency, OWNER as provided by section 119.0701under § 119.0701(a) and will comply with Florida’s Public Records Law. Specifically, Florida Statutes. The Contractor shallDESIGN PROFESSIONAL agrees that it will: (a) 18.13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the public agency OWNER to perform the serviceservices performed by DESIGN PROFESSIONAL under Agreement; (b) Upon 18.13.1.2 Provide the public with access to such public records on request from the public agency’s OWNER’S custodian of public records, provide the public agency ; 18.13.1.3 Provide OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law; (c) 18.13.1.4 Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term Agreement and following the completion of the contract terms of the Agreement if the contractor DESIGN PROFESSIONAL does not transfer the records to the public agency; (d) 18.13.1.5 Upon completion of the contractterms of the Agreement, transfer, at no cost, to the public agency OWNER all public records in possession of the Contractor DESIGN PROFESSIONAL or keep and maintain public records required by the public agency to perform the service. If the contractor DESIGN PROFESSIONAL transfers all public records to the public agency upon completion of the contractAgreement, the contractor DESIGN PROFESSIONAL shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor DESIGN PROFESSIONAL keeps and maintains public records upon completion of the contractterms of the Agreement, the contractor DESIGN PROFESSIONAL shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyOWNER, upon request from the public agency’s OWNER’S custodian of public records, in a format that is compatible with the information technology systems of the public agency; and. (e) 18.13.2 IF THE CONTRACTOR DESIGN PROFESSIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DESIGN PROFESSIONAL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE CUSTODIAN OF RECORDS AT: PUBLIC RECORDS RELATIONS AND COMMUNICATION OFFICER: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, APR, CPRC, AT THE TELEPHONE NUMBER(▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇.▇▇.▇▇ OR IN THE RESULTING CONTRACT OR PURCHASE ORDERPERSON AT ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇.

Appears in 1 contract

Sources: Design Professional Services Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for Concessionaire will keep and maintain the purposes public records required to perform the services under this Agreement. b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of this section the contract manager is the agency custodian of public records, unless another is designated per (e“Contractor” found in Section 119.0701(1)(a), below. IfF.S.; [i.e., under an individual, partnership, corporation, or business entity that enters into a resulting contract or purchase order, the Contractor is providing for services with a public agency and is acting on behalf of a the public agency], as provided by section then the following requirements apply: 1. Pursuant to §119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain F.S., a request to inspect or copy public records required by relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public agency records to perform the service;Department within a reasonable time, the Concessionaire may be subject to penalties under §119.10, F.S. (b) 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request ▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.▇▇▇▇ ▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇

Appears in 1 contract

Sources: Concession Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Florida Constitution and section 119.07(1), F.S. Florida Statutes. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 OF THE TELEPHONE NUMBERORDERING ENTITY. 1. ▇▇▇▇▇ ▇▇▇▇▇▇ Medical a division of ▇▇▇▇▇ ▇▇▇▇▇▇ Inc. 2. State of Florida, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.acting by and through the Department of Management Services, Division of State Purchasing

Appears in 1 contract

Sources: Member Requested Participation Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by DESIGN PROFESSIONAL understands the Contractor broad nature of these laws and agrees with Florida’s Public Record Laws relating to comply with this section by not allowing public access to all documentsrecords retention. 17.13.1 If DESIGN PROFESSIONAL meets the definition of “contractor” under § 119.0701, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1Fla. Stats. (2024), F.S. Solely for the purposes of this section the and in addition to other contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderrequirements provided by law, the Contractor is providing services and DESIGN PROFESSIONAL agrees that it is acting as a CONTRACTOR on behalf of a public agency, OWNER as provided by section 119.0701under § 119.0701(a) and will comply with Florida’s Public Records Law. Specifically, Florida Statutes. The Contractor shallDESIGN PROFESSIONAL agrees that it will: (a) 17.13.1.1 Keep and maintain public records that ordinarily and necessarily would be required by the public agency OWNER to perform the serviceservices performed by DESIGN PROFESSIONAL under Agreement; (b) Upon 17.13.1.2 Provide the public with access to such public records on request from the public agency’s OWNER’S custodian of public records, provide the public agency ; 17.13.1.3 Provide OWNER with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law; (c) 17.13.1.4 Ensure that the public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term Agreement and following the completion of the contract terms of the Agreement if the contractor DESIGN PROFESSIONAL does not transfer the records to the public agency; (d) 17.13.1.5 Upon completion of the contractterms of the Agreement, transfer, at no cost, to the public agency OWNER all public records in possession of the Contractor DESIGN PROFESSIONAL or keep and maintain public records required by the public agency to perform the service. If the contractor DESIGN PROFESSIONAL transfers all public records to the public agency upon completion of the contractAgreement, the contractor DESIGN PROFESSIONAL shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor DESIGN PROFESSIONAL keeps and maintains public records upon completion of the contractterms of the Agreement, the contractor DESIGN PROFESSIONAL shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyOWNER, upon request from the public agency’s OWNER’S custodian of public records, in a format that is compatible with the information technology systems of the public agency; and. (e) 17.13.2 IF THE CONTRACTOR DESIGN PROFESSIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DESIGN PROFESSIONAL'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE CUSTODIAN OF RECORDS AT: PUBLIC RECORDS RELATIONS AND COMMUNICATION OFFICER: ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, APR, CPRC, AT THE TELEPHONE NUMBER(▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED ▇▇▇▇▇▇.▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇.▇▇.▇▇ OR IN THE RESULTING CONTRACT OR PURCHASE ORDERPERSON AT ▇▇▇▇ ▇. ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇.

Appears in 1 contract

Sources: Design Professional Services Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by When the Contractor receives any request to comply with inspect or copy any records that relate to this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless it shall promptly provide the records are exempt from section 24(a) of Article I Owner with a copy of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), belowrequest. If, under a resulting contract or purchase order, the Contractor is providing services and is acting The Owner will respond to each such request on behalf of a public agency, as provided itself and the Contractor and the Contractor agrees to fully cooperate with the Owner with regard to all records requests and comply with all decisions made by section 119.0701, Florida Statutesthe Owner regarding the production/disclosure. The Contractor shall: (a) 1. Keep and maintain public records that ordinarily and necessarily would be required by the public agency Owner in order to perform the service;services being performed by the Contractor. (b) 2. Upon request from the public agencyOwner’s custodian of public records, provide the public agency with a copy of access to public records on the requested records or allow same terms and conditions that the Owner would provide the records to be inspected or copied within reasonable time 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;. (c) Ensure 3. Except as authorized by law, ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract Contract term and as well as following the completion or termination of the contract Contract if the contractor Contractor does not transfer the records to the public agency;Owner. (d) 4. Upon completion or termination of the contractContract, transfer, at no cost, to the public agency Owner all public records in possession of the Contractor or keep and maintain the public records required by the public agency Owner and the law to perform the service. If the contractor Contractor transfers all public records to the public agency Owner upon completion or termination of the contractContract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion or termination of the contractContract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, Owner in a format that is compatible with the information technology systems of the Owner. 5. Failure to grant such public agency; andaccess or otherwise comply with the Owner’s request for records will be grounds for immediate termination of this Contract by the Owner. In the event of such failure, the Owner shall also enforce the Contract provisions in accordance with this Contract. (e) 6. Failure to provide the public records to the Owner within a reasonable time may also subject the Contractor to penalties under section 119.10, Florida Statutes. 7. If a civil action is filed against Contractor to compel production of public records relating to this Contract, Contractor will be solely responsible and liable for its attorney’s fees and any resulting damages. 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 THE TELEPHONE NUMBERRECORDS, EMAIL ADDRESS WHO CAN BE REACHED AT: (▇▇▇) ▇▇▇-▇▇▇▇ (PHONE); ▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇.▇▇▇ (EMAIL); AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER“GREATER ORLANDO AVIATION AUTHORITY, PUBLIC RECORDS” ▇▇▇ ▇▇▇▇ ▇▇▇▇▇ BOULEVARD, ORLANDO, FLORIDA 32827.

Appears in 1 contract

Sources: Construction Contract

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided provide by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains maintain public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER CHATER 119, FLORIDA STATUTESSTSTUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTCONTRAC, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 1 contract

Sources: Contract Amendment

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to ‌‌‌ a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for Concessionaire will keep and maintain the purposes public records required to perform the services under this Agreement. b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time.‌ DRAFT c. If Concessionaire meets the definition of this section the contract manager is the agency custodian of public records, unless another is designated per (e“Contractor” found in Section 119.0701(1)(a), below. IfF.S.; [i.e., under an individual, partnership, corporation, or business entity that enters into a resulting contract or purchase order, the Contractor is providing for services with a public agency and is acting on behalf of a the public agency], as provided by section then the following requirements apply:‌ 1. Pursuant to §119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain F.S., a request to inspect or copy public records required by relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public agency records to perform the service;Department within a reasonable time, the Concessionaire may be subject to penalties under §119.10, F.S.‌ (b) 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;law.‌ (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department.‌ (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt exempt‌ from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment.‌‌‌‌ (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below:‌‌‌‌ DRAFT

Appears in 1 contract

Sources: Concession Agreement

Public Records. The Department i. All records in conjunction with this Purchase Order shall be public records and shall be treated in the same manner as other public records are under Chapter 119, F.S. ii. This Purchase Order may be unilaterally cancel this Contract canceled by the Commission for refusal by the Contractor to comply with this section by not allowing allow public access to all documents, papers, letters letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Contractor in conjunction with the Contractthis Purchase Order, unless exemption for such records is allowable under Florida law. iii. If the records are exempt from section 24(a) Contractor meets the definition of Article I of the State Constitution and section 119.07(1“Contractor” in Subsection 119.0701(1)(a), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderF.S., the Contractor is providing services and is acting on behalf of a public agency, agrees to do the following as provided by section 119.0701, required under Florida Statutes. The Contractor shalllaw: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) a. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTPURCHASE ORDER, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERAT: (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇▇, and ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇. b. Keep and maintain public records required by the Commission to perform the service. c. Upon request from the Commission’s custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. d. 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 Purchase Order term and following completion of the Purchase Order if the Contractor does not transfer the records to the Commission. e. Upon completion of the Purchase Order, transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the Purchase Order, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Purchase Order, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission’s custodian of public records, in a format that is compatible with the information technology systems of the Commission.

Appears in 1 contract

Sources: Buoy Maintenance Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction Comply with the Contract, unless the requirements of responding to public records are exempt from requests as required in section 24(a) of Article I of the State Constitution and section 119.07(1119.0701(2), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shallMagistrates agrees that IF THE MAGISTRATE (CONTRACTOR) HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE MAGISTRATE’S (CONTRACTOR’S) DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (352) 374- 3605, ▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇, ▇▇, ▇▇▇▇▇. (1) The Magistrate is required specifically to: (a) Keep and maintain public records required by the public agency to perform the service;. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law;. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency;. (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 1 contract

Sources: Professional Services

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to shall comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1applicable provisions of Chapter 119, Florida Statutes (“F.S.”), including Section 119.0701, F.S. Solely for the purposes of this section the contract manager is the agency custodian of public recordsIF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, unless another is designated per (e)FLORIDA STATUTES, belowTO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT DOCUMENTS, THE CONTRACTOR SHALL CONTACT SFRTA’S RECORDS CUSTODIAN AT 954-788- 7919, ▇▇▇▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇▇, ▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇, ▇▇ ▇▇▇▇▇. If, under a resulting contract or purchase orderAs required by law, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) must comply with the following provisions; • Keep and maintain public records required by the public agency SFRTA to perform the service; (b) . • Upon request from the public agencySFRTA’s custodian of public records, provide the public agency SFRTA with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, this chapter or as otherwise provided by law; (c) . • Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) SFRTA. • Upon completion of the contract, transfer, at no cost, to the public agency SFRTA all public records in possession of the Contractor contractor or keep and maintain public records required by the public agency SFRTA to perform the service. If the contractor transfers all public records to the public agency SFRTA upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencySFRTA, upon request from the public agencySFRTA’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERSFRTA.

Appears in 1 contract

Sources: Film Production Permit Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Florida Constitution and section 119.07(1), F.S. Florida Statutes. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 OF THE TELEPHONE NUMBERORDERING ENTITY. 1. Concordance Healthcare Solutions, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERLLC. 2. State of Florida, acting by and through the Department of Management Services, Division of State Purchasing

Appears in 1 contract

Sources: Member Requested Participation Agreement (Mpa)

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep Concessionaire will keep and maintain public records required by the public agency Department to perform the service;services under this Agreement. (b) b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: 1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public records to the Department within a reasonable time, the Concessionaire may be subject to penalties under s. 119.10, F.S. 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below: d. Sexual predator and offender check: Paragraph 35 of the General Conditions of the Agreement is hereby deleted in its entirety and replaced with the following language:

Appears in 1 contract

Sources: Concession Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to CONSULTANT shall comply with this section by not allowing public access to all documentsapplicable requirements contained in the Florida Public Records Law (Chapter 119, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1Florida Statutes), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section including but not limited to any applicable provisions in Section 119.0701, Florida Statutes. The Contractor shall:To the extent that the CONSULTANT and this Project Agreement are subject to the requirements in Section 119.0701, Florida Statutes, the CONSULTANT shall:‌ (a) Keep and maintain public records required by the public agency CITY to perform the service;services provided hereunder.‌‌‌ (b) Upon request from the public agencyCITY’s custodian of public records, provide the public agency CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;law.‌ (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed disclosed, except as authorized by law for the duration of the contract term of this Project Agreement and following the completion of the contract this Project Agreement if the contractor CONSULTANT does not transfer the records to the public agency;CITY.‌ (d) Upon completion of the contractProject Agreement, transfer, at no cost, to the public agency CITY all public records in the possession of the Contractor CONSULTANT or keep and maintain public records required by the public agency CITY to perform the service. If the contractor CONSULTANT transfers all public records to the public agency CITY upon completion of the contractProject Agreement, the contractor CONSULTANT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor CONSULTANT keeps and maintains public records upon completion of the contractProject Agreement, the contractor CONSULTANT shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agencyCITY, upon request from the public agencyCITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY.‌ If the CONSULTANT fails to comply with the requirements in this Section 12, the CITY may enforce these provisions in accordance with the terms of this Project Agreement. If the CONSULTANT fails to provide the public agency; and (e) records to the CITY within a reasonable time, it may be subject to penalties under Section 119.10, Florida Statutes.‌ IF THE CONTRACTOR CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONSULTANT’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTPROJECT AGREEMENT, THE CONSULTANT SHOULD CONTACT THE CITY’S CUSTODIAN OF PUBLIC RECORDS AT RECORDS: THE CITY CLERK, ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, BY TELEPHONE NUMBER(954/▇▇▇-▇▇▇▇), EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN E-MAIL (CITYCLERK @▇▇▇▇▇▇▇▇▇.▇▇▇), OR MAIL (CITY OF SUNRISE, OFFICE OF THE RESULTING CONTRACT OR PURCHASE ORDER.CITY CLERK, ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇).‌‌‌ [SPACE INTENTIONALLY LEFT BLANK]‌‌‌

Appears in 1 contract

Sources: Project Agreement

Public Records. Section 14, Public Records, Exhibit A, is replaced in its entirety with the following: 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 CONTRACT MANAGER. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderthis Contract, the Contractor is providing services and is acting on behalf of a public agency, agency as provided by section 119.0701, Florida Statutes. The F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service;. (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S., or as otherwise provided by law;. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor Contractor does not transfer the records to the public agency;. (d) Upon completion of the contractContract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor Contractor transfers all public records to the public agency upon completion of the contract, the contractor Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Contractor keeps and maintains public records upon completion of the contract, the contractor Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, agency in a format that is compatible with the information technology systems of the public agency; and (e) 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 1 contract

Sources: Contract Amendment

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor Broker to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor Broker in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. or applicable state or federal law. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase orderthis Contract, the Contractor Broker is providing services and is acting on behalf of a public agency, agency as provided by section 119.0701, Florida Statutes. The Contractor Statute, the Broker shall: (a) a. Keep and maintain public records required by the public agency to perform the service; (b) b. Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida StatutesF.S., or as otherwise provided by law; (c) c. Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract Contract if the contractor Broker does not transfer the records to the public agency; (d) d. Upon completion of the contractContract, transfer, at no cost, to the public agency all public records in possession of the Contractor Broker or keep and maintain public records required by the public agency to perform the service. If the contractor Broker transfers all public records to the public agency upon completion of the contract, the contractor Broker shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Broker keeps and maintains public records upon completion of the contractContract, the contractor Broker shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) e. IF THE CONTRACTOR BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S BROKER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER.

Appears in 1 contract

Sources: Government Crime Insurance Contract

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing public access to all documents, papers, letters or other material made or received by the Contractor in conjunction with the Contract, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency’s custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied 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; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the completion of the contract if the contractor does not transfer the records to the public agency; (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency; and (e) 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 CONTRACTAGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT CITY OF DELRAY BEACH, CITY CLERK, 100 N.W. 1ST AVE., DELRAY BEACH FLORIDA. THE CITY CLERK MAY BE REACH VIA TELEPHONE NUMBERAT ▇▇▇-▇▇▇-▇▇▇▇ OR BY EMAIL AT ▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Contractor shall comply with public records laws, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERspecifically to: A. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service. B. Upon request from the City’s custodian of public records, provide the City with a copy of the requested records or allow the access to public records to be inspected or copied within a reasonable time on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided in Florida Statute or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the City. D. Upon completion of the Agreement, meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the City upon completion of the Agreement, the Contractor shall upon termination of the Agreement destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Agreement, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City’s custodian of public records, in a format that is compatible with the information technology systems of the City. E. All requests to inspect or copy public records relating to a City Agreement for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Contractor of the request, and the Contractor must provide the records to the City or allow the records to be inspected or copied within a reasonable time. If Contractor does not comply with the City’s records request for records, the City shall enforce the Agreement provisions in accordance with the Agreement. If Contractor fails to provide the public records to the City within a reasonable time may be subject to penalties under Florida Statute Chapter 119.10. If a civil action is filed against Contractor to compel production of public records relating to a City Agreement 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 eight 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. A notice complies if it is sent to the City’s custodian of public records and to the Contractor at the Contractor’s address listed on its Agreement with the City 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. A Contractor who complies with a public records request within eight business days after the notice is sent is not liable for the reasonable costs of enforcement.

Appears in 1 contract

Sources: Construction Agreement

Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to a. Concessionaire will comply with this section by not allowing public access to all documentsFlorida Public Records law under Chapter 119, papers, letters or other material F.S. Records made or received by the Contractor in conjunction with the Contractthis Agreement are public records under Florida law, unless the records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1as defined in Section 119.011(12), F.S. Solely for the purposes of this section the contract manager is the agency custodian of public records, unless another is designated per (e), below. If, under a resulting contract or purchase order, the Contractor is providing services and is acting on behalf of a public agency, as provided by section 119.0701, Florida Statutes. The Contractor shall: (a) Keep Concessionaire will keep and maintain public records required by the public agency Department to perform the service;services under this Agreement. (b) b. This Agreement may be unilaterally canceled by the Department if the Concessionaire fails to either provide to the Department all public records relating to this Agreement upon request or allow the records to be inspected or copied within a reasonable time. c. If Concessionaire meets the definition of “Contractor” found in Section 119.0701(1)(a), F.S.; [i.e., an individual, partnership, corporation, or business entity that enters into a contract for services with a public agency and is acting on behalf of the public agency], then the following requirements apply: 1. Pursuant to Section 119.0701, F.S., a request to inspect or copy public records relating to this Agreement must be made directly to the Department. If the Department does not possess the requested records, the Department will immediately notify the Concessionaire of the request, and the Concessionaire must provide the records to the Department or allow the records to be inspected or copied within a reasonable time. If Concessionaire fails to provide the public records to the Department within a reasonable time, the Concessionaire may be subject to penalties under s. 119.10, F.S. 2. Upon request from the public agencyDepartment’s custodian of public records, Concessionaire will provide the public agency Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law;. (c) Ensure 3. Concessionaire will identify and ensure that all 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 Term of the contract term Agreement and following the completion of the contract Agreement if the contractor Concessionaire does not transfer the records to the public agency;Department. (d) 4. Upon completion of the contractAgreement, Concessionaire will either transfer, at no cost, cost to the public agency Department, all public records in possession of the Contractor Concessionaire or keep and maintain public records required by the public agency Department to perform the serviceServices under this Agreement. If the contractor Concessionaire transfers all public records to the public agency Department upon completion of the contractAgreement, the contractor shall Concessionaire will destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor Concessionaire keeps and maintains public records upon completion of the contractAgreement, the contractor shall Concessionaire will meet all applicable requirements for retaining public records. All records that are stored electronically must be provided to the public agencyDepartment, upon request from the public agencyDepartment’s custodian of public records, in a format that is accessible by and compatible with the information technology systems of the public agency; andDepartment. (e) d. IF THE CONTRACTOR CONCESSIONAIRE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTORCONCESSIONAIRE’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACTAGREEMENT, CONTACT THE DEPARTMENT’S CUSTODIAN OF PUBLIC RECORDS AT THE TELEPHONE NUMBERby telephone at (▇▇▇) ▇▇▇-▇▇▇▇, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDERby email at ▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇▇▇.▇▇.▇▇, or at the mailing address below: g. Review of terms: Paragraph 23 of the General Conditions of the Agreement is hereby deleted in its entirety and replaced with the following language:

Appears in 1 contract

Sources: Concession Agreement