HomeMy WebLinkAbout2013 08 12 Other: Referenced by Attorney Garganese Date: August 12, 2013
During the August 12, 2013 City Commission
Regular Meeting, at the beginning of the
Consent Agenda, the attached information was
referenced by City Attorney Anthony A.
Garganese.
B L BROWN, GARGANESE, WEISS & D'AGRESTA, P.A.
D
Attorneys at Law
111 N. Orange Ave.,Suite 2000
P.O.Box 2873 Anthony A. Garganese
Orlando,Florida 32802-2873 Board Certified City,County&Local
Government
Phone(407)425-9566
Fax(407)425-9596 agarganese@orlandolaw.net
MEMORANDUM
TO: City Commission and City Manager of Winter Springs
Azz,---------------
FROM: Anthony A. Garganese, City Attorney
Date: August 12, 2013
Re: Compliance with Ch. 2013-154, Laws of Florida
This past session,the Florida Legislature adopted Ch. 2013-154, Laws of Florida. This law became
effective on July 1, 2013 upon approval by the Governor. The purpose of this memorandum is to
address the portion of the law that deals with public records which will be codified as section
119.0701, Florida Statutes. Particularly, the law now requires the City to insert a "public records
contract clause" into all future agreements with business entities providing services to the City and
acting on the City's behalf. In essence, each such agreement must expressly include a provision
that requires the contractor to comply with the public records law including keeping and
maintaining public records, providing access to public records on the same terms as the City,
ensuring that confidential and exempt records are not publicly disclosed, requiring transfer to the
City, at no cost, at certain times and requiring electronic transfer of public records in compatible
form with the City's IT department. The new law will apply to stand alone contracts and routine
purchase orders that are used as the sole contract with a contractor by the City. In due course,
purchase orders should be revised to comply with the new law.
THIS SAMPLE CONTRACT CLAUSE WAS DRAFTED FOR PURPOSES OF COMPLYING WITH THE NEW
REQUIREMENTS SET FORTH IN SECTION 119.0701, FLORIDA STATUTES (2013); CH. 2013-154,
LAWS OF FLORIDA. ADDITIONAL SAFEGUARDS ARE ALSO ADDED. MY OFFICE WILL BE
ATTEMPTING TO SUBSTANTIALLY INSERT THIS CLAUSE INTO ALL FUTURE CITY CONTRACTS.
In accordance with section 119.0701, Florida Statutes, Contractor 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
Ft.Lauderdale (954) 670-1979 • Kissimmee (321)402-0144 • Cocoa(866)425-9566
Website:www.orlandolaw.net • Email: firm @orlandolaw.net
City of Winter Springs
8/12/2013
Page -2—
Chapter 119, Florida Statutes. Contractor 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. Contractor 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. Contractor 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, Contractor shall meet all requirements for retaining public records and transfer,at no
cost, to the City all public records in possession of the Contractor 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
Contractor 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 Contractor 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 Contractor's failure to comply with the provisions of this
Paragraph,the City shall be entitled to collect from Contractor prevailing party attorney's fees and
costs, and any damages incurred by the City,for enforcing this Paragraph against Contractor. 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 Contractor's failure to comply
with the provisions of this Paragraph. This Paragraph shall survive the termination of this
Agreement.