|
the minutes of all the meetings shall be public records , available to the public in accordance with Chapter 119 ,
<br /> Fla .
<br /> Stat .
<br /> ( o) All expenditures of state financial assistance shall be in compliance with the laws , rules and
<br /> regulations applicable to expenditures of State funds , including but not limited to , the Reference Guide for State
<br /> Expenditures .
<br /> ( p) The Agreement may be charged only with allowable costs resulting from obligations incurred
<br /> during the term of the Agreement .
<br /> (q ) Any balances of unobligated cash that have been advanced or paid that are not authorized to
<br /> be retained for direct program costs in a subsequent period must be refunded to the State .
<br /> ( 20 ) LOBBYING PROHIBITION
<br /> ( a ) No funds or other resources received from the Division under this Agreement may be used
<br /> directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state
<br /> agency .
<br /> ( b ) The Recipient certifies , by its signature to this Agreement , that to the best of his or her
<br /> knowledge and belief:
<br /> 1 . No Federal appropriated funds have been paid or will be paid , by or on behalf of the
<br /> Recipient , to any person for influencing or attempting to influence an officer or employee of any agency , a Member
<br /> of Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with the
<br /> awarding of any Federal contract , the making of any Federal grant , the making of any Federal loan , the entering
<br /> into of any cooperative agreement , and the extension , continuation , renewal , amendment or modification of any
<br /> Federal contract , grant , loan or cooperative agreement .
<br /> 2 . If any funds other than Federal appropriated funds have been paid or will be paid to any
<br /> person for influencing or attempting to influence an officer or employee of any agency , a Member of Congress , an
<br /> officer or employee of Congress , or an employee of a Member of Congress in connection with this Federal contract ,
<br /> grant , loan or cooperative agreement , the Recipient shall complete and submit Standard Form - LLL , " Disclosure of
<br /> Lobbying Activities . "
<br /> 3 . The Recipient shall require that this certification be included in the award documents for
<br /> all subawards ( including subcontracts , subgrants , and contracts under grants , loans , and cooperative agreements)
<br /> and that all subrecipients shall certify and disclose .
<br /> This certification is a material representation of fact upon which reliance was placed when this
<br /> transaction was made or entered into . Submission of this certification is a prerequisite for making or entering into
<br /> this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file the required
<br /> certification
<br /> shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 for each such failure
<br />.
<br /> (21 ) COPYRIGHT , PATENT AND TRADEMARK
<br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF
<br /> THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS
<br /> ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY
<br /> TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA.
<br /> ( a ) If the Recipient has a pre- existing patent or copyright , the Recipient shall retain all rights and
<br /> entitlements to that pre- existing patent or copyright unless the Agreement provides otherwise .
<br /> ( b) If any discovery or invention is developed in the course of or as a result of work or services
<br /> performed under this Agreement , or in any way connected with it , the Recipient shall refer the discovery or
<br /> invention to the Division for a determination whether the State of Florida will seek patent protection in its name .
<br /> Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State
<br /> of Florida . If any books , manuals , films , or other copyrightable material are produced , the Recipient shall notify the
<br /> Division . Any copyrights accruing under or in connection with the performance under this Agreement are
<br /> transferred by the Recipient to the State of Florida .
<br /> (c) Within thirty days of execution of this Agreement , the Recipient shall disclose all intellectual
<br /> properties relating to the performance of this Agreement which he or she knows or should know could give rise to a
<br /> patent or copyright . The Recipient shall retain all rights and entitlements to any pre- existing intellectual property
<br /> which is disclosed . Failure to disclose will indicate that no such property exists . The Division shall then , under
<br /> Paragraph ( b) , have the right to all patents and copyrights which accrue during performance of the Agreement .
<br /> 9
<br />
|