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2021-108
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Last modified
12/3/2021 10:37:46 AM
Creation date
9/7/2021 10:37:31 AM
Metadata
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Template:
Official Documents
Official Document Type
Grant
Approved Date
08/17/2021
Control Number
2021-108
Agenda Item Number
8.K.
Entity Name
Florida Division of Emergency Management
Subject
For expenses related to maintaining an Emergency Management Program
Emergency Management Performance Grant (EMPG) Agreement No. G0301
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requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable <br />notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly <br />recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that <br />entity within the ambit of the open government requirements. However, the Government in the Sunshine <br />Law applies to private entities that provide services to governmental agencies and that act on behalf of <br />those agencies in the agencies' performance of their public duties. If a public agency delegates the <br />performance of its public purpose to a private entity, then, to the extent that private entity is performing <br />that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire <br />department provides firefighting services to a governmental entity and uses facilities and equipment <br />purchased with public funds, then the Government in the Sunshine Law applies to board of directors for <br />that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to <br />the Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub - <br />Recipient's governing board or the meetings of any subcommittee making recommendations to the <br />governing board may be subject to open government requirements. These meetings shall be publicly <br />noticed, open to the public, and the minutes of all the meetings shall be public records, available to the <br />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 <br />local governments as well as to private entities acting on their behalf. Unless specifically exempted from <br />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 />(i) The Sub -Recipient shall maintain all records for the Sub -Recipient and for all <br />subcontractors or consultants to be paid from funds provided under this Agreement, including <br />documentation of all program costs, in a form sufficient to determine compliance with the requirements <br />and objectives of the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work <br />(Attachment A) and all other applicable laws and regulations. <br />IF THE CONTRACTOR HAS QUESTIONS REGARDING THE <br />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 a@em.myflorida.com, or 2555 <br />Shumard Oak Boulevard, Tallahassee, FL 32399. <br />19 <br />
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