2018-124 - Laserfiche WebLink

Home Browse Search

The mere receipt of public funds byoprivate entity, standing alone, isinsufficient tobring that entity within the ambit cfthe public record requirements. However, when mpub|icentity delegates apublic function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity isacting onbehalf ofapublic agency and istherefore subject hothe requirements ofFlorida's Public Records Law. i The Sub -Recipient shall maintain all records for the Sub -Recipient mndfovmU subcontractors or consultants tobapaid from funds provided under this Agreement, including documentation ofall program costs, inoformaufficientbodetarminecomp|iancmvvdhthenaquirements and objectives ofthe Budget and Scope ofWork - Attachment /\' and all other applicable laws and regulations. 13. INTELLECTUAL PROPERTY A. Except eaprovided below, intellectual property rights toall property created or otherwise developed under min connection with the performance of this Agreement are hereby reserved to and shall be owned by the State of Florida. BL If the has pre-existing intellectual property rights, then the Sub - Recipient shall retain all rightsondenUUmment tuthat pre-existing intellectual property unless the Agreement provides otherwise. C. If any intellectual property is developed inthe course ofmmsoresult ofwork or services performed under this Agreement, orinany way connected with it, the Sub -Recipient shall refer the intellectual property to the Division for a determination whether the State of Florida will seek patent, copyright, trademark, or other intellectual property protection in its name. D. Within thirty days ofexecution ofthis Agreement, the Sub -Recipient shall disclose all intellectual properties relating tothe performance of this Agreement which heorshe knows orshould know could give rise to a patent, copyright, trademark, or other intellectual property protection. Failure to disclose will indicate that nosuch property exists. The Division shall then, under Subparagraph Aabove, have the right toall intellectual property which accrues during performance ofthe Agreement. E. Ifthe Sub -Recipient qualifies aoestate university under Florida law, then, pursuant to section 1�.23,Florida Statutes, any invention conceived exclusively by the employees of the Sub - Recipient ahoUbeoometheoo|epnopartycfthaBub-Recipient |nthe case rfjoint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest inand bzsuch joint inventions. The Division shall retain a perpetual, irrevocable, fully - paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub -Recipient, under this Agreement, for Florida government purposes. 12