DocuSign Envelope ID: 9B9C5864-DAE8-4DB7-8502-CF33A2B7CE1C
<br />the records to be inspected or copied within a reasonable time. If the Recipient -contractor does not comply with DEO's
<br />request for records, DEO shall enforce the provisions set forth in this Agreement. A Recipientcontractor who fails to
<br />provide public records to DEO within a reasonable time may be subject to penalties under section 119.10, F.S.
<br />(1) The Recipient shall notify DEO verbally within 24 chronological hours and in writing within 72 chronological
<br />hours if any data in the Recipient's possession related to this Agreement is subpoenaed or improperly used, copied, or
<br />removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. The
<br />Recipient shall cooperate with DEO, in taking all steps as DEO deems advisable, to prevent misuse, regain possession,
<br />or otherwise protect the State's rights and the data subject's privacy.
<br />(g) The Recipient acknowledges that DEO is subject to the provisions of chapter 119, F.S., relating to public
<br />records and that reports, invoices, and other documents the Recipient submits to DEO under this Agreement constitute
<br />public records under Florida Statutes. The Recipient shall cooperate with DEO regarding DEO's efforts to comply
<br />with the requirements of chapter 119, F.S.
<br />(h) If the Recipient submits records to DEO that are confidential and exempt from public disclosure as trade
<br />secrets or proprietary confidential business information, such records should be identified as such by the Recipient prior
<br />to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of chapter 119, F.S.,
<br />prior to submittal of the record to DEO serves as the Recipient's waiver of a claim of exemption. The Recipient shall
<br />ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are
<br />not disclosed except as authorized by law for the duration of the Agreement term and following completion of the
<br />Agreement if the Recipient -contractor does not transfer the records to DEO upon completion, including termination,
<br />of the Agreement.
<br />(i) IF THE RECIPIENT -CONTRACTOR HAS QUESTIONS REGARDING
<br />THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
<br />RECIPIENT -CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
<br />RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF
<br />PUBLIC RECORDS by telephone at 850-245-7140, via email at
<br />PRRequest@deo.myflorida.com, or by mail at Department of Economic Opportunity,
<br />Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee,
<br />Florida 32399-4128.
<br />(j) To the extent allowable by law, the Recipient shall be fully liable for the actions of its agents, employees,
<br />partners, subrecipients, contractors, and subcontractors and shall fully indemnify, defend, and hold harmless the State
<br />and DEO, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and
<br />description, including attorneys' fees, arising from or relating to public record requests or public record law violation(s),
<br />alleged to be caused in whole or in part by the Recipient, its agents, employees, partners, subrecipients, contractors, or
<br />subcontractors, provided, however, that the Recipient does not indemnify for that portion of any costs or damages
<br />proximately caused by the negligent act or omission of the State or DEO. DEO, in its sole discretion, has the right, but
<br />the not obligation, to enforce this indemnification provision.
<br />(k) DEO does not endorse any Recipient, commodity, or service. No public disclosure or news release pertaining
<br />to this Agreement shall be made without the prior written approval of DEO. The Recipient is prohibited from using
<br />Agreement information, or DEO customers in sales brochures or other promotions, including press releases, unless
<br />prior written approval is obtained from DEO.
<br />(1) The Recipient shall comply with the requirements set forth in section 119.0701, F.S., when entering into any
<br />public agency contract for services after the Effective Date of this Agreement. The Recipient shall amend each of the
<br />Recipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which
<br />contract will or may be funded in whole or in part with any public funds. DEO may terminate this Agreement if the
<br />Recipient does not comply with this provision.
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