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2017-133
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2017-133
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Last modified
1/2/2020 9:30:01 AM
Creation date
9/20/2017 11:11:12 AM
Metadata
Fields
Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/19/2017
Control Number
2017-133
Agenda Item Number
8.I.
Entity Name
Florida Division of Emergency Management
Homeland Security, Division of
Subject
Federally-Funded Subaward and Grant
Project Number
18-FG-7A-10-40-01-169
Alternate Name
Hazard Preparatoin
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and objectives of the Budget and Scope of Work - Attachment A - and all other applicable laws and <br />regulations. <br />13. INTELLECTUAL PROPERTY <br />A. Except as provided below, intellectual property rights to all property created or <br />otherwise developed under or in connection with the performance of this Agreement are hereby reserved <br />to and shall be owned by the State of Florida. <br />B. If the Sub -Recipient has pre-existing intellectual property rights, then the Sub - <br />Recipient shall retain all rights and entitlements to that pre-existing intellectual property unless the <br />Agreement provides otherwise. <br />C. If any intellectual property 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 -Sub -Recipient shall refer <br />the intellectual property to the Division for a determination whether the State of Florida will seek patent, <br />copyright, trademark, or other intellectual property protection in its name. <br />D. Within thirty days of execution of this Agreement, the Sub -Recipient shall disclose all <br />intellectual properties relating to the performance of this Agreement which he or she knows or should <br />know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to <br />disclose will indicate that no such property exists, The Division shall then, under Subparagraph A above, <br />have the right to all intellectual property which accrues during performance of the Agreement. <br />E. If the Sub -Recipient qualifies as a state university under Florida law, then, pursuant <br />to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub - <br />Recipient shall become the sole property of the Sub -Recipient. In the case of joint inventions, that is <br />inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, <br />undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully - <br />paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted <br />or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida <br />government purposes. _ <br />14. 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 />§200.49, GAAP "has the meaning specified in accounting standards issued by the Government <br />Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." <br />C. When conducting an audit of the Sub -Recipient's performance under this Agreement, <br />the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 <br />C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government <br />13 <br />
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