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Contractor in conjunction with the Contract, unless the records are exempt from s. 24(a) <br /> of Art. I of the State Constitution and section 119.07(1), Florida Statutes. <br /> 2. If, under this Contract, the Contractor is providing services and is acting on behalf of a <br /> public agency as provided by section 119.0701(1)(b), Florida Statutes, the Contractor <br /> shall: <br /> a. Keep and maintain public records that ordinarily and necessarily would be <br /> • • required by the public agency in order to perform the service. <br /> b. Provide the public with access to public records on the same terms and <br /> conditions that the public agency would provide the records and at a cost that <br /> does not exceed the cost provided in Chapter 119, Florida Statutes, or as <br /> otherwise provided by law. <br /> c. Ensure that public records that are exempt or confidential and exempt from <br /> public records disclosure requirements are not disclosed except as authorized by <br /> law. <br /> d. Meet all requirements for retaining public records and transfer, at no cost, to <br /> the public agency all public records in possession of the Contractor upon <br /> termination of the Contract and destroy any duplicate public records that are <br /> exempt or confidential and exempt from public records disclosure requirements. <br /> All records stored electronically must be provided to the public agency in a format <br /> that is compatible with the information technology systems of the public agency. <br /> B. Protection of Trade Secrets or Other Confidential Information <br /> 1. If the Contractor considers any portion of materials made or received in the course of <br /> performing the Contract ("contract-related materials") to be trade secret under section <br /> 812.081, Florida Statutes, or otherwise confidential under Florida or federal law, the <br /> Contractor must clearly designate that portion of the materials as "confidential" when <br /> submitted to the Department. <br /> 2. If the Department receives a public records request for contract-related materials <br /> designated by the Contractor as "confidential," the Department will provide only the <br /> portions of the contract-related materials not designated as "confidential." If the <br /> requester asserts a right to examine contract-related materials designated as <br /> "confidential," the Department will notify the Contractor. The Contractor will be <br /> responsible for responding to and resolving all claims for access to contract-related <br /> materials it has designated "confidential." <br /> .3. If the Department is served with a request for discovery of contract-related materials <br /> designated "confidential," the Department will promptly notify the Contractor about the <br /> request. The Contractor will be responsible for filing the appropriate motion or objection <br /> in response to the request for discovery. The Department will provide materials <br /> designated "confidential" only if Respondent fails to take appropriate action, within <br /> Amendment 2 Page 2 of 4 <br /> Contract 973-163-10-1 <br />