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2021-070
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Last modified
6/25/2021 4:10:51 PM
Creation date
6/24/2021 1:17:26 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
05/04/2021
Control Number
2021-070
Agenda Item Number
8.K.
Entity Name
Federal Emergency Management Agency (FEMA)
Subject
Jones’ Pier Conservation Area Public Improvements Hazard Mitigation Assistance
Federally-funded Sub Award and Grant Agreement No. H0566
Project Number
4283-91-R
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RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER <br />OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY <br />TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. <br />a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall <br />retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides <br />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 Sub -Recipient shall refer <br />the 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 <br />material are produced, the Sub -Recipient shall notify the Division. Any copyrights accruing under or in <br />connection with the performance under this Agreement are transferred by the Sub -Recipient to the State <br />of Florida. <br />c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall <br />disclose all intellectual properties relating to the performance of this Agreement which he or she knows or <br />should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and <br />entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate <br />that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all <br />patents and copyrights which accrue during performance of the Agreement. <br />d. 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 />(25) LEGAL AUTHORIZATION <br />The Sub -Recipient certifies that it has the legal authority to receive the funds under this Agreement <br />and that its governing body has authorized the execution and acceptance of this Agreement. The Sub - <br />Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub - <br />Recipient to the terms of this Agreement. <br />(26) EQUAL OPPORTUNITY EMPLOYMENT <br />a. In accordance with 41 C.F.R. §60-1.4(b), the Sub -Recipient hereby agrees that it will <br />incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as <br />defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in <br />20 <br />
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