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d. Florida's Public Records Law provides a right of access to the records of the State <br />and local governments as well as to private entities acting on their behalf. Unless specifically exempted <br />from disclosure by the Legislature, all materials made or received by a governmental agency (or a private <br />entity acting on behalf of such an agency) in conjunction with official business which are used to <br />perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. <br />The mere receipt of public funds by a private entity. standing alone, is insufficient to bring that entity <br />within the ambit of the public record requirements. However, when a public entity delegates a public <br />function to a private entity, the records generated by the private entity's performance of that duty become <br />public records. Thus, the nature and scope of the services provided by a private entity determine whether <br />that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's <br />Public Records Law. <br />e. The Recipient shall maintain all records for the Recipient and for all subcontractors or <br />consultants to be paid from funds provided under this Agreement, including documentation of all program <br />costs, in a form sufficient to determine compliance with the requirements and objectives of the Scope of <br />Work - Attachment B - and all other applicable laws and regulations. <br />f. IF THE CONTRACTOR HAS QUESTIONS REGARDING <br />THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE <br />CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING <br />TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC <br />RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 <br />Shumard Oak Boulevard, Tallahassee, FL 32399. <br />(10) AUDITS <br />a. In accounting for the receipt and expenditure of funds under this Agreement, the <br />Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. <br />§200.49, GAAP "has the meaning specified in accounting standards issued by the Government <br />Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." <br />b. When conducting an audit of the Recipient's performance under this Agreement, the <br />Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 <br />C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government <br />auditing standards issued by the Comptroller General of the United States, which are applicable to <br />financial audits." <br />c. If an audit shows that all or any portion of the funds disbursed were not spent in <br />accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to <br />5 <br />