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2021-048
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2021-048
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Last modified
4/8/2021 1:04:09 PM
Creation date
4/8/2021 1:03:22 PM
Metadata
Fields
Template:
Official Documents
Official Document Type
Grant
Approved Date
04/06/2021
Control Number
2021-048
Agenda Item Number
8.K.
Entity Name
Department of Homeland Security (DHS) and
Federal Emergency Management Agency (FEMA)
Subject
Federally funded Subaward and grant agreement for debris removal, emergency protective measure and
repair or replacement of disaster damaged facilities for Hurricane Isaias
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE <br />J.R. SMITH, CLERK <br />iv. This certification is a material representation of fact upon which reliance was placed <br />when this transaction was made or entered into. Submission of this certification is a <br />prerequisite for making or entering into this transaction imposed by Section 1352, Title <br />31, U.S. Code. Any person who fails to file the required certification shall be subject to <br />a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. <br />V. The Subrecipient and its Contractors shall sign Attachment J — Certification Regarding <br />Lobbying. <br />(23) COPYRIGHT. PATENT AND TRADEMARK <br />EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN <br />CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE <br />OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE <br />PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUBRECIPIENT TO THE <br />STATE OF FLORIDA. <br />a. If the Subrecipient has a pre-existing patent or copyright, the Subrecipient 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 services <br />performed under this Agreement, or in any way connected with it, the Subrecipient 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. Any <br />patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of <br />Florida. If any books, manuals, films, or other copyrightable material are produced, the Subrecipient shall notify the <br />Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred <br />by the Subrecipient to the State of Florida. <br />c. Within thirty (30) days of execution of this Agreement, the Subrecipient shall disclose all <br />intellectual properties relating to the performance of this Agreement which he or she knows or should know could <br />give rise to a patent or copyright. The Subrecipient shall retain all rights and entitlements to any pre-existing <br />intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division <br />shall then, under Paragraph (25) b., have the right to all patents and copyrights which accrue during performance of <br />the Agreement. <br />d. If the Subrecipient qualifies as a state university under Florida law, then, pursuant to section <br />1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Subrecipient shall become <br />the sole property of the Subrecipient. In the case of joint inventions, that is inventions made jointly by one or more <br />employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. <br />The Division shall retain a perpetual, irrevocable, fully -paid, nonexclusive license, for its use and the use of its <br />contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the <br />Subrecipient, under this Agreement, for Florida government purposes. <br />(24) LEGAL AUTHORIZATION <br />The Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that <br />- its governing body has authorized the execution and acceptance of this Agreement. The Subrecipient also certifies <br />that the undersigned person has the authority to legally execute and bind Subrecipient to the terms of this Agreement. <br />17 <br />
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