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2011-198
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2011-198
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Last modified
2/16/2016 2:09:25 PM
Creation date
10/1/2015 2:53:29 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/06/2011
Control Number
2011-198
Agenda Item Number
8.E.
Entity Name
Florida Division of Emergency Management
Subject
2011 Emergency Management Performance Grant Agreement
Project Number
12-FG-R3-10-40-01-098
Supplemental fields
SmeadsoftID
10256
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( n ) The Recipient is subject to Florida ' s Government in the Sunshine Law ( Section 286 . 0111 <br /> Fla . Stat . ) with respect to the meetings of the Recipient' s governing board or the meetings of any <br /> subcommittee making recommendations to the governing board . All of 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 <br /> in accordance with Chapter 119 , Fla . Stat . <br /> (o ) All unmanufactured and manufactured articles , materials and supplies which are <br /> acquired for public use under this Agreement must have been produced in the United States as required <br /> under 41 U . S . C . 10a , 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 <br /> the Recipient , to any person for influencing or attempting to influence an officer or employee of any agency , <br /> a Member of Congress , an officer or employee of Congress , or an employee of a Member of Congress in <br /> connection with the awarding of any Federal contract , the making of any Federal grant , the making of any <br /> Federal loan , the entering into of any cooperative agreement , and the extension , continuation , renewal , <br /> amendment or modification of any Federal contract , grant , loan or cooperative agreement . <br /> 2 . If any funds other than Federal appropriated funds have been paid or will be paid <br /> to any person for influencing or attempting to influence an officer or employee of any agency , a Member of <br /> Congress , an officer or employee of Congress , or an employee of a Member of Congress in connection with <br /> this Federal contract , grant , loan or cooperative agreement , the Recipient shall complete and submit <br /> Standard Form - LLL , " Disclosure Form to Report Lobbying . " <br /> 3 . The Recipient shall require that this certification be included in the award <br /> documents for all subawards ( including subcontracts , subgrants , and contracts under grants , loans , and <br /> cooperative agreements ) and that all subrecipients shall certify and disclose . <br /> This certification is a material representation of fact upon which reliance was placed when <br /> this transaction was made or entered into . Submission of this certification is a prerequisite for making or <br /> entering into this transaction imposed by Section 1352 , Title 31 , U . S . Code . Any person who fails to file <br /> the <br /> required certification shall be subject to a civil penalty of not less than $ 10 , 000 and not more than $ 100 , 000 <br /> for each such failure . <br /> (21 ) COPYRIGHT , PATENT AND TRADEMARK <br /> ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE <br /> OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL <br /> COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS <br /> AGREEMENT ARE HEREBY 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 <br /> and 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 <br /> services performed under this Agreement , or in any way connected with it , the Recipient shall refer the <br /> discovery or invention to the Division for a determination whether the State of Florida will seek patent <br /> protection in its name . Any patent rights accruing under or in connection with the performance of this <br /> Agreement are reserved to the State of Florida . If any books , manuals , films , or other copyrightable material <br /> are produced , the Recipient shall notify the Division . Any copyrights accruing under or in connection with the <br /> performance under this Agreement are transferred by the Recipient to the State of Florida . <br /> (c) Within thirty days of execution of this Agreement , the Recipient shall disclose all <br /> intellectual properties relating to the performance of this Agreement which he or she knows or should know <br /> could give rise to a patent or copyright . The Recipient shall retain all rights and entitlements to any pre- <br /> existing intellectual property which is disclosed . Failure to disclose will indicate that no such property exists . <br /> 10 <br />
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