|
ATTACHMENT 6 - Prime Award
<br /> STATE OF ROhsa C$ARTWW OF TRMMPOK ATION 11601Pfil
<br /> ERBITY AGREE'
<br /> 14WGR
<br /> OOC-itl1Y
<br /> POW W O
<br /> I. A Vendor Ombudsman has been established within the Department of FZnanclal Services. The dudes of
<br /> this Individual Include acting as an advocate for Unlveretdes who may be experiencing problems in
<br /> obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be wed at(850)
<br /> 413-681e or by calling the Division of Consumer Services at 1 •77-W3-ffi9e.
<br /> J. Records of costs incurred under the terms of fila Agreernent ehaU be meinWied and made available
<br /> upon request to the Department at all times during normal buskhess hourm during the period of this
<br /> Agreement and for five years after final payment on each TWO Is made. Copies of these documents and
<br /> records shall be fumished to the Department upon request. Records of costs Irxurred Include the
<br /> University's general&mounting records and the project records,together with supporting
<br /> Performing work on the dxuecor s and
<br /> records,of the contractor and all sum ng project,and all other records of
<br /> the contractor and subcontractors considered neoessary by the Department far a proper audit of costs.
<br /> K In the event the compensation established under any TWO Is In excess of$26,000,00,the foftWng
<br /> pmvbions of Section 339.135(8xa),F.S.,are hereby lrtcorpomW:
<br /> "The Departm enc,during any fiscal year,shall not expend money,incur any liability,or enter into any
<br /> contract which,by its terms,Involves the expenditure of money in excess of the amounts budgeted as
<br /> available for expenditure during such fiscal year. Any eontracL verbal or written,made In violation of this
<br /> subsection Is null and void,and no money shall be paid on such contract. The Department shall duke
<br /> a statement from the Comptroller of the Department that funds are available prior to enter6Tg Into any
<br /> such contract or other bindkV commitment of funds. fang herein contained shall prevent the makhg
<br /> of contracts for periods exceeding one year,but any contract so made shall be executory only for the
<br /> value of the services to be rendered or agreed to be paid for In supoeeding fiscal years;and this
<br /> paragraph shag be incorporated verbatim In all contracts of the Department which are for an amount in
<br /> excess of$28,000.00 and which have a term for a period of more than one year.,
<br /> L. -TI1e'Untvers�ntyi Shan tiot;c�t►ar>cje rows than a it%indk6d dust rate for al d
<br /> tagr d•toinvy_ba bythe'D? artrrierit,,..,, al trectcosts:unlessatherwlde
<br /> M. Indus'ron of the purchase of Tangible Personal Property as defied In Chapter 273.02 F.S.,in a TWO
<br /> shall constitute the Department's written approval of such purchase. The speolft property0w)IdenttHed
<br /> will be subsequently trarrsfemad to and controlled by the Department uponcompietbn of servix:as uhhn
<br /> otherwise defined In the TWO. Upon receipt of the property.the unfversitY shall forward to the
<br /> Department a copy of the purchase Invoice/property descrk%on/serial number and date of receipt. The
<br /> Department will forward inventory control label(s)to be,affixed to all property. The University wnl
<br /> accommodate physical Inventories required by the Department.
<br /> 7. INTELLECTUAL PROPERTY RIGHTS
<br /> A. The University shall be free to copyright material developed under this Agreement,p vAded that the
<br /> Department reserves and the UnNerstty,by accepting payment for any pari of the TWO,grants the
<br /> Department a royalty-free,nonexduelve and Irrevocable Incense to reproduce,publish,or otherwise use,
<br /> and to authorize others to use,the work for government purposes.The Department's rights under any
<br /> Iicernse In works developed under this Agreement shall also include the right to prepare,or have others
<br /> prepare on behalf of the Department,dedvafhre works for iii WW Department use. The Depeftenrt shall
<br /> not distribute such derivative Works to third parties wfthout the express written consent of the University,
<br /> which consent shall not be unreasonably withheld.
<br /> B. On all projects the parties agree that if possible Inventions should result from any research pursuant to
<br /> this Agreement,all title to such Inventions shall vest In the University. However,the standard patent
<br /> rights clause at 37 CFR 401.14,except for 401.14(9),is hereby incorporated Into this Agreement.The
<br /> University will retain all title to any Intellectual property resulting from the research described herein.
<br /> Unless otherwise agreed to In the TWO,the University egress to and grants to the Department and the
<br /> U.S.Department of Transportation,on federally funded TWOs or to the Department only on State funded
<br /> TWOs an irrevocable,nonexclusive,nontransferable,royalty,perpetual,worfd-wide license to
<br /> practice each invention in the manufacture,use and disposition,on any Department or U.S.Department
<br /> Page 20 of 25 UFDSPOW 10855 2407/1015
<br /> 54
<br />
|