2003-196 - Laserfiche WebLink

Home Browse Search

(c) The Department of Community Affairs reserves the right to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents , papers , letters or other material subject to the provisions of Chapter 119 , Fla . Stat. , and made or received by the Recipient in conjunction with this Agreement. (d ) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement , any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (e) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers , constituting a violation of the employment provisions contained in 8 U . S . C . Section 1324a (e) [ Section 274A( e) of the Immigration and Nationality Act (" INA" )) . The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A( e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A( e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. ( 18) STATE LOBBYING PROHIBITION . No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. ( 19 ) COPYRIGHT. PATENT AND TRADEMARK . ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise . ( b) If any discovery or invention arises or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith , the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida . Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida . In the event that any books , manuals , films, or other copyrightable material are produced , the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida . ( c) Within thirty ( 30 ) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed . Failure to disclose will indicate that no such property exists . The Department shall then , under Paragraph ( b) , have the right to all patents and copyrights which occur during performance of the Agreement. (20 ) LEGAL AUTHORIZATION . The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable , its governing body has 9