PC-370000-PL263.pdf
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- Contract number
- PL263
- Issued by
- Florida
About this file
DEP Contract No. PL263 is an indefinite delivery services contract between the Florida Department of Environmental Protection (DEP) and Florida State University, Board of Trustees. The contract was executed on July 1, 2012, and remains in effect through June 30, 2017, with a five-year initial term. The contract is for scientific and technical services related to the development and maintenance of ecological resource databases and geographic information systems, specifically the Florida Natural Areas Inventory's (FNAI) comprehensive GIS database on the ecological and conservation resources of Florida. Florida State University's Sponsored Research Services, located in Tallahassee, serves as the contractor, with administrative and technical contact managers designated for coordination.
Services are executed on a task assignment basis with no guaranteed minimum amount of work. Compensation is provided on a combination fixed price and fee schedule basis as specified in each executed task assignment, with hourly rates for personnel ranging from $14.00 to $50.16 per hour including fringe benefits calculated at 28.00 percent of direct labor rate. Overhead and indirect costs are assessed at 5.00 percent of total direct costs. Individual task assignment authorization thresholds are delegated to various departmental officials based on value, ranging from Bureau Chief approval for assignments not exceeding $35,000 to Secretary approval for assignments exceeding $500,000. All work must be fully executed by both parties before commencement, and the contract may be renewed for an additional three-year term contingent upon satisfactory performance. The contractor retains intellectual property rights while granting the Department a nonexclusive, paid-up license to use subject inventions and copyrighted works.
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Text version
' 0 I y t
ATTACHMENT E
Special Terms and Conditions for DEP Contract No. PL263
These special terms and conditions take precedence over any conflicting terms in the body of the Contract.
1. Ownership of Documents - Except as provided below, all reports produced and other data gathered by the Contractor for the purpose of this Contract shall become the property of the Department without restrictions or limitations upon their use and shall be made available by the Contractor at any time upon request of the Department.
2. Publications/Disclaimer - Notwithstanding the above, the Contractor may disseminate results developed in whole or in part under this contract provided the Contractor submit one ( 1) copy of every planned publication (including a cover letter identifying the applicable DEP Contract by number) to the Department Contract Administrator and Contract Manager for a thirty (30) day period in which the Department will review proposed publications. To assist the Department with its review, the Contractor shall clearly identify all data used in the publication which was obtained from the Department. The Department has the right to require the Contractor to remove any confidential material and proprietary material from such publication.
Both parties recognize that timing is of the essence as to review and the review of such materials shall be completed within thirty (30) days from the receipt of the planned publication unless a longer period is mutually agreed to. Upon expiration of the review period if Contractor has not received a reply from the Department, the Contractor shall be free to publish. The Contractor may submit the publication for review by the Department at the time of submitting the publication for peer review. If, after peer review, changes to the data provided in the draft publication are made, the Contractor shall notify the Department of the changes for purposes of final review.
The Contractor is responsible for assuring that every publication based on or developed in whole or in part under this contract contain the following disclaimer. "Any opinions, findings, and conclusions or recommendations expressed in this material are those of the author(s) and do not necessarily reflect the views of the Florida Department of Environmental Protection."
3. Intellectual Property - The Contractor shall retain the entire right, title, and interest throughout the world to each subject invention, subject to the provisions of this clause. With respect to any subject invention in which the Contractor retains title, the Department shall have a nonexclusive, transferable, irrevocable, paid up license to practice or have practiced for, or on behalf of, the Department the subject invention throughout the world, and sublicense the same.
4. Copyrights - The Contractor may copyright any work that is subject to copyright and was developed, or for which ownership was purchased, under this Contract. The Department shall have a royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work, and to authorize others to do the same.
The Contractor hereby grants the Department full authority and right to modify, create derivative works of, or allow others to do so on behalf of the Department any intellectual property first produced under this Contract. In the event intellectual property first produced under this Contract is software related, at the request of the Department, the Contractor shall provide the Department all appropriate source code for use.
5. The remedies provision(s) of the Contract shall survive the Contract term for purposes of these Special Terms and Conditions. The above and foregoing notwithstanding, the Department shall have the right to pursue any available remedy at law or equity for violations of the above provisions, to recover for loss, injury or damages, including an award for punitive or exemplary damages, to the extent permitted by Florida law.
DEP Contract No. PL263, Attachment E, Page 1 of 1
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