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may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the <br />minutes of all the meetings shall be public records, available to the public in accordance with chapter 119, Florida <br />Statutes. <br />h. Chapter 119, Florida Statutes (Florida's Public Records Law), provides a right of access to the <br />records of the state and local governments as well as to private entities acting on their behalf. Unless specifically <br />exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity <br />acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or <br />formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private <br />entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when <br />a public entity delegates a public function to a private entity, the records generated by the private entity's performance of <br />that 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 chapter 119, <br />Florida Statutes. <br />i. The Sub -Recipient shall maintain all records for the Sub -Recipient and for all subcontractors or <br />consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form <br />sufficient to determine compliance with the requirements and objectives of the Program Budget and Scope of Work - <br />Attachment A and B - and all other 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 PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE <br />CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-7671, <br />Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL <br />32399. <br />(11)AUDITS <br />F <br />a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart <br />b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall <br />follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § 200.1, GAAP "has the meaning <br />specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial <br />Accounting Standards Board (FASB)." <br />c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division <br />shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. § 200.1, GAGAS, <br />"also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller <br />General of the United States, which are applicable to financial audits." <br />d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the <br />conditions of this Agreement, the Sub -Recipient shall be held liable for reimbursement to the Division of all funds not <br />spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division <br />has notified the Sub -Recipient of such non-compliance. <br />e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in <br />section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The <br />8 <br />