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2013-216
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(o) All unmanufactured and manufactured articles , materials and supplies which are acquired for <br /> public use under this Agreement must have been produced in the United States as required under 41 U . S . C . 10a, <br /> unless it would not be in the public interest or unreasonable in cost . <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 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 /> (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 /> (22) LEGAL AUTHORIZATION . <br /> The Recipient certifies that it has the legal authority to receive the funds under this Agreement and <br /> that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also <br /> certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this <br /> Agreement. <br /> 9 <br />
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