15-2780 Amendment #1 to Integrity Golf Company Agreement

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Request for Qualifications to Provide Golf Management Services Amendment No. One RFQ2015 -0004 trade secret must be properly labeled. You will be notified if a public records request is made. In accordance with section 119.0701, Florida Statutes, Consultant agrees that all documents, transactions, writings, papers, letters, tapes, photographs, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to this Agreement or in connection with any funds provided by the City pursuant to this Agreement may be considered public records pursuant to Chapter 119, Florida Statutes. Consultant agrees to keep and maintain any and all public records that ordinarily and necessarily would be required by the City in order to perform the services required by this Agreement. Consultant also agrees to provide the public with access to public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes or as otherwise provided by law. Consultant shall also ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. In addition, Consultant shall meet all requirements for retaining public records and transfer, at no cost, to the City all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. If Consultant does not comply with a public records request, the City shall have the right to enforce the provisions of this Paragraph. In the event that Consultant fails to comply with the provisions of this Paragraph, and the City is required to enforce the provisions of this Paragraph, or the City suffers a third party award of attorney's fees and /or damages for violating the provisions of Chapter 119, Florida Statutes due to Consultant's failure to comply with the provisions of this Paragraph, the City shall be entitled to collect from Consultant prevailing party attorney's fees and costs, and any damages incurred by the City, for enforcing this Paragraph against Consultant. And, if applicable, the City shall also be entitled to reimbursement of any and all attorney's fees and damages which the City was required to pay a third party because of Consultant's failure to comply with the provisions of this Paragraph. This Section will survive the termination of this Agreement.