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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic <br />quality control reviews, provide reasonable safeguards against alteration, and remain readable. <br />f. As required by 2 C.F.R. §200.303, the Subrecipient shall take- reasonable measures to safeguard <br />protected personal identifiable information and other information the Federal Awarding Agency or the Division <br />designates as sensitive or the Subrecipient considers sensitive consistent with applicable Federal, State, Local, and <br />Tribal laws regarding privacy and obligations of confidentiality. <br />g. Florida's Government in the Sunshine Law (section 286.011, Florida Statutes) provides the <br />citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) <br />meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must <br />be given; and, three (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public <br />funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government <br />requirements. However, the Government in the Sunshine Law applies to private entities that provide services to <br />governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. <br />If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private <br />entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer <br />fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased <br />with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire <br />department. Thus, to the extent that the Government in the Sunshine Law applies to the Subrecipient based upon <br />the funds provided under this Agreement, the meetings of the Subrecipient's governing board or the meetings of any <br />subcommittee making recommendations to the governing board may be subject to open government requirements. <br />These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public <br />records, available to the public in accordance with Chapter 119, Florida Statutes. <br />h. Florida's Public Records Law provides a right of access to the records of the State and Local <br />governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the <br />Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an <br />agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, <br />qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing <br />alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public <br />entity delegates a public function to a private entity, the records generated by the private entity's performance of that <br />duty become public records. Thus, the nature and scope of the services provided by a private entity determine <br />whether 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 />i. The Subrecipient shall maintain all records for the Subrecipient and for all subcontractors or <br />consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a <br />form sufficient to determine compliance with the requirements and objectives of Attachments A and B to this <br />Agreement ("Budget and Scope of Work" and "Program Statutes and Regulations" respectively_), and all other <br />applicable laws and regulations. <br />IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF <br />CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S --DUTY TO- <br />PROVIDE <br />O-PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-41569 <br />