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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />• _• - • •- a - •--• RYAN L. BUTLER, CLERK <br />The Recipient shall comply with any Statement of.Assurances incorporated as Attachment E. <br />(23) RECORDS <br />(a) As a'condition of receiving state financial assistance, and as required by Sections <br />20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of <br />Florida, the Florida Auditor General, or any of their authorized representatives; -shall enjoy the right of <br />access to any documents, financial statements, papers,: or other -records of the Recipient which are <br />pertinent to this Agreement; in order to make audits, °examinations; excerpts, and transcripts. The right of <br />access also includes timely and reasonable access to the Recipient's personnel for -the purpose of <br />interview and discussion related to such documents. For the purposes of this section, the term "Recipient" <br />includes employees or agents, including all subcontractors or consultants to be paid from funds provided <br />under this Agreement. <br />(b) The Recipient shall -maintain all records related to this Agreement for the period of time <br />specified in the appropriate retention schedule published by the Florida Department of State. Information <br />regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records- <br />management/ge nera l-records-sched u les/. <br />(c) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides <br />the citizens of Florida with a right of access to governmental proceedings and mandates three, basic <br />requirements: (1) all meetings of- public, boards or commissions must be open to the public; (2) <br />reasonable notice.of such meetings.must be. -given; and, (3) minutes ofthemeetings must be taken and, <br />promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to <br />bring that entity within the ambit of the open government requirements. However, the Government in the <br />Sunshine Law applies to private entities that provide services to governmental -agencies and that act on <br />behalf of those agencies in -the-agencies' performance of their -public duties: If a public agency delegates <br />the performance of its public purpose -to a private entity, then, -to the extent that private entity is <br />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 <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. Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's <br />governing board or the meetings of any subcommittee making recommendations to the' governing board <br />may be subject to open government requirements. These meetings shall be publicly- noticed,- open to the <br />public, and the. minutes of all the meetings shall be public records, available to thel public in accordance <br />with Chapter 119, Florida.Statutes. , <br />(d) 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 bya governmental agency (or a private <br />16 <br />