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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />RYAN L. BUTLER, CLERK <br />Statutes, the Government in the Sunshine Law applies. For example, if a volunteer fire department <br />provides firefighting services to a governmental entity and uses facilities and equipment purchased with <br />public funds, then Section 286.011, Florida Statutes, (Government in the Sunshine Law) applies to board <br />of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine <br />Law applies to the Sub -Recipient based upon the funds provided under this Agreement, the meetings of <br />the Sub -Recipient's governing board or the meetings of any subcommittee making recommendations to <br />the 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. Chapter 119, Florida Statutes (Florida's Public Records Law), provides a right of <br />access to the records of the state and local governments as well as to private entities acting on their <br />behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received <br />by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with <br />official business which are used to perpetuate, communicate, or formalize knowledge qualify as public <br />records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, <br />is insufficient to bring that entity within the ambit of the public record requirements. However, when a <br />public entity delegates a public function to a private entity, the records generated by the private entity's <br />performance of that duty become public records. Thus, the nature and scope of the services provided by <br />a private entity determine whether that entity is acting on behalf of a public agency and is therefore <br />subject to the requirements of chapter 119, Florida Statutes. <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 Program Budget and Scope of Work - Attachment A and B - and all other applicable <br />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 TO <br />THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS <br />AT: (850) 815-76719 Records@em.myflorida.com, or 2555 Shumard Oak <br />Boulevard, Tallahassee, FL 32399. <br />(11)AUDITS <br />a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. <br />Part 200, Subpart F. <br />b. In accounting for the receipt and expenditure of funds under this Agreement, the <br />Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § <br />200. 1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting <br />Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." <br />9 <br />