CRA 08/28/2017 Minutes - Laserfiche WebLink

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10. DAMAGES or MISSING ITEMS: BROKER is not responsible for damage to the premises or items missing, switched out, lost or damaged under any circumstances, including but not limited to, theft, vandalism or negligence of tenant(s) or their guests. In furnished units., an inventory will be checked by BROKER or BROKER'S Agent at departure. In the event tenants) damage the premises or .owes any monies to the LANDLORD, BROKER is given the authority to determine in its professional judgment the amount due,. charge the Tenant accordingly and/or settle with the tenant(s) upon advice of BROKER'S legal counsel. BROKER is given the power to make claims 'upon the security deposit on behalf of LANDLORD and BROKER shall not be held liable for any failure to make claim(s) on any damages, which were not readily apparent to BROKER. 11. CITY AS A MUNICIPAL CORPORATION: Nothing contained herein shall be interpreted to require the CITY as a municipal corporation to (i) to take any action or refrain from taking any action that would be adverse to is status as a municipal corporation, or (ii) to take or refrain from taking any action not specifically required by this Agreement. 12. PUBLIC RECORDS: A. The parties specifically acknowledge that this Agreement is subject to the laws of the state of Florida, including without limitation Chapter 119, Florida Statutes, which generally make public all records or other writings made or received by the patties. If the BROKER is either a „contractor as defined in Section 119,0701(1)(a), Florida Statutes, or an "agency' as defined in Section 119.011(2), Florida Statutes, the BROKER shall: 1. Keep and maintain all public records required by the CITY to perform the services herein; and 2. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or ,allow the records to be inspected or copied within a reasonable timeata cost that dries not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law; and 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 Agreement Term end following completion of the Agreement if the BROKER does not transfer the records to the CITY; and 4. Upon completion of the Agreement, transfer, at no cost, to the CITY all public records in possession of the BROKER or keep and maintain public records required by the CITY to perform the services herein. if the BROKER transfers all public records to the CITY upon completion of the Agreement, the BROKER shall destroy any duplicate public records that are exempt or confidential and exempt from public records ,disclosure requirements. If the BROKER keeps and maintains pubic records upon completion of the Agreement, the BROKER 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 compatible with the information technology systems of -the On. B. All requests to inspect or copy public records relating to the Agreement shall be made directly to the CITY. Notwithstanding any other provision of this Agreement to the contrary, failure to comply with the requirements of this paragraph shall result in the immediate termination of the Agreement, without penalty to the CITY. A BROKER who fails to provide the public records to the CITY within a reasonable time may be subject to penalties pursuant to Section 119.10, F.S. Further, the BROKER shall fully indemnify and hold harmless the CITY, its officers, agents and employees from any liability and/or damages, including attorney's fees through any appeals, resulting from the BROKER's failure to comply with these requirements. c. IF THE BROKER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER119, FLORIDA STATUTES, TO THE BROKER'S DUTY TO CONTACTPROVI RECORDS RELATING TO THIS AGREEMENT, - • AOF TRIPLETDONNA G. GARDNERD CMGCITY CLERK, AT 407-262-7700 EXT. 11335 l CASSELBERRY, FLORIDA 32707. 13. STANDARD OF CARE: