Common use of Additional General Provisions Clause in Contracts

Additional General Provisions. All Florida Statutes can be located at the following web site: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/STATUTES/ The following general provisions shall apply to this Agreement: Allowable Costs Allowable costs shall be determined by (abbreviated name) in accordance with cost principles generally accepted by, or required to be used by, similar institutions or organizations, that are in effect as of the effective date of this Agreement. Billing Pursuant to Section 215.422(3)(b), Florida Statutes, a state agency (FAU) shall mail the (abbreviated name)'s payment within forty (40) days after receipt of an acceptable invoice and after inspection and acceptance of the research deliverables provided in accordance with the terms and conditions of this Agreement. Failure to mail the warrant within 40 days shall result in the agency paying interest in accordance with Section 55.03, Florida Statutes. A "Vendor Ombudsman" has been established within the Florida Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The vendor ombudsman may be contacted at (▇▇▇) ▇▇▇-▇▇▇▇, or by calling the State Comptroller's Hot-line ▇-▇▇▇-▇▇▇-▇▇▇▇. (abbreviated name) agrees that bills and invoices for fees or other compensation for services or expenses shall cite the Subaward Agreement number and include at a minimum the current and cumulative costs (including cost sharing, if any) and certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(a). All payments shall be considered provisional and subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. FAU reserves the right to reject an invoice, in accordance with 2 CFR 200.305. The performance of FAU of any of its obligations under this Agreement shall be subject to and contingent upon the availability of funds, and the obligation of funds by the prime funding agency (Sponsor), or otherwise lawfully expendable for the purposes of this Agreement for the current and future periods. FAU shall give notice to (abbreviated name) of the non-availability of such funds when FAU has knowledge of such fact. Upon receipt of such notice by (abbreviated name), (abbreviated name) shall be entitled to payment only for those services performed and expenses incurred prior to the date notice is received. If this Agreement includes travel expenditures, any such expenditures, including reimbursement, must comply with Sections 287.058(1)(b) and 112.061, of the Florida Statutes and itemized in detail in Attachment A. (abbreviated name) shall submit invoices based on the payment schedule specified in Article III, Cost. A final invoice must be received within 30 days after the budget period end date. (abbreviated name) agrees that bills and invoices for fees or other compensation for services or expenses shall include current and cumulative costs and indicate at a minimum the following information: Subaward Agreement Number Supplier Contract Number (issued from FAU Purchasing Office) Unique Invoice Number Invoice Period FAU Award Number A certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(1) Breakdown of current and cumulative costs by project Invoices that do not include all of the required information shown above may be returned to (abbreviated name). Please forward all invoices to the following e-mail address: FAU Accounts Payable Department ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Audit (abbreviated name) shall maintain and have available for audit and inspection all administrative and financial documents, and all other records, pertinent to the financial costs allocated to this agreement for a period of three years following the termination date except that, if an audit is initiated before the expiration of the three year period, the records shall be retained until audit findings have been resolved. The above records are subject to inspection and audit by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. Any costs reimbursed by FAU which are subsequently found to be disallowed under audit shall be refunded to FAU by (abbreviated name). (abbreviated name) agrees to comply with the requirements of Uniform Guidance, found generally at 2 CFR 200, as appropriate. In cases of non-compliance with federal laws and regulations, (abbreviated name) will also provide copies of responses to auditor's reports and a plan for corrective action. All records and reports prepared in accordance with the requirements of Uniform Guidance 2 CFR 200 shall be available for inspection by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. If (abbreviated name) is required to perform an audit under Uniform Guidance 2 CFR 200, (abbreviated name) must provide FAU with notice of completion of required audits and any adverse findings which impact this subaward as required by 2 CFR parts 200.501-200.521, and will provide access to records as required by 2 CFR parts 200.336, 200.337 and 200.201 as applicable. Equipment FAU and (abbreviated name) agree that if (abbreviated name) purchases permanent equipment under this Agreement, title to such equipment will vest in the (abbreviated name) under the same conditions as apply under FAU’s grant with the Sponsor and that FAU shall have the same rights to require transfer of equipment as the Sponsor has. Income (abbreviated name) is accountable to FAU for Sponsor's share of any program-related income. FAU will be responsible for the records on the receipt and disposition of any such income. (abbreviated name) will maintain such records as are necessary for FAU to fulfill its responsibility. The disposition of the income will be in accordance with Sponsor's policy.

Additional General Provisions. All Florida Statutes can be located at the following web site: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/STATUTES/ The following general provisions shall apply to this Agreement: Allowable Costs Allowable costs shall be determined by (abbreviated name) in accordance with cost principles generally accepted by, or required to be used by, similar institutions or organizations, that are in effect as of the effective date of this Agreement. Billing Pursuant to Section 215.422(3)(b), Florida Statutes, a state agency (FAU) shall mail the (abbreviated name)'s payment within forty (40) days after receipt of an acceptable invoice and after inspection and acceptance of the research deliverables provided in accordance with the terms and conditions of this Agreement. Failure to mail the warrant within 40 days shall result in the agency paying interest in accordance with Section 55.03, Florida Statutes. A "Vendor Ombudsman" has been established within the Florida Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The vendor ombudsman may be contacted at (▇▇▇) ▇▇▇-▇▇▇▇, or by calling the State Comptroller's Hot-line ▇-▇▇▇-▇▇▇-▇▇▇▇. (abbreviated name) agrees that bills and invoices for fees or other compensation for services or expenses shall cite the Subaward Agreement number and include at a minimum the current and cumulative costs (including cost sharing, if any) and certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(a). All payments shall be considered provisional and subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. FAU reserves the right to reject an invoice, in accordance with 2 CFR 200.305. The performance of FAU of any of its obligations under this Agreement shall be subject to and contingent upon the availability of funds, and the obligation of funds by the prime funding agency (Sponsor), or otherwise lawfully expendable for the purposes of this Agreement for the current and future periods. FAU shall give notice to (abbreviated name) of the non-availability of such funds when FAU has knowledge of such fact. Upon receipt of such notice by (abbreviated name), (abbreviated name) shall be entitled to payment only for those services performed and expenses incurred prior to the date notice is received. If this Agreement includes travel expenditures, any such expenditures, including reimbursement, must comply with Sections 287.058(1)(b) and 112.061, of the Florida Statutes and itemized in detail in Attachment A. (abbreviated name) shall submit invoices based on the payment schedule specified in Article III, Cost. A final invoice must be received within 30 days after the budget period end date. (abbreviated name) agrees that bills and invoices for fees or other compensation for services or expenses shall include current and cumulative costs and indicate at a minimum the following information: Subaward Agreement Number Supplier Contract Number (issued from FAU Purchasing Office) Unique Invoice Number Invoice Period FAU Award Number A certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(1) . Breakdown of current and cumulative costs by project (remove if not applicable) Invoices that do not include all of the required information shown above may be returned to (abbreviated name). Please forward all invoices to the following e-mail address: FAU Accounts Payable Department ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Audit (abbreviated name) shall maintain and have available for audit and inspection all administrative and financial documents, and all other records, pertinent to the financial costs allocated to this agreement for a period of three years following the termination date except that, if an audit is initiated before the expiration of the three year period, the records shall be retained until audit findings have been resolved. The above records are subject to inspection and audit by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. Any costs reimbursed by FAU which are subsequently found to be disallowed under audit shall be refunded to FAU by (abbreviated name). (abbreviated name) agrees to comply with the requirements of Uniform Guidance, found generally at 2 CFR 200, as appropriate. In cases of non-compliance with federal laws and regulations, (abbreviated name) will also provide copies of responses to auditor's reports and a plan for corrective action. All records and reports prepared in accordance with the requirements of Uniform Guidance 2 CFR 200 shall be available for inspection by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. If (abbreviated name) is required to perform an audit under Uniform Guidance 2 CFR 200, (abbreviated name) must provide FAU with notice of completion of required audits and any adverse findings which impact this subaward as required by 2 CFR parts 200.501-200.521, and will provide access to records as required by 2 CFR parts 200.336, 200.337 and 200.201 as applicable. Equipment FAU and (abbreviated name) agree that if (abbreviated name) purchases permanent equipment under this Agreement, title to such equipment will vest in the (abbreviated name) under the same conditions as apply under FAU’s grant with the Sponsor and that FAU shall have the same rights to require transfer of equipment as the Sponsor has. Income (abbreviated name) is accountable to FAU for Sponsor's share of any program-related income. FAU will be responsible for the records on the receipt and disposition of any such income. (abbreviated name) will maintain such records as are necessary for FAU to fulfill its responsibility. The disposition of the income will be in accordance with Sponsor's policy.

Additional General Provisions. All Florida Statutes can be located at the following web site: ▇▇▇▇://▇▇▇.▇▇▇.▇▇▇▇▇.▇▇.▇▇/STATUTES/ The following general provisions shall apply to this Agreement: : A. Allowable Costs Allowable costs shall be determined by (abbreviated nameABBREVIATED NAME) in accordance with cost principles generally accepted by, or required to be used by, similar institutions or organizations, that are in effect as of the effective date of this Agreement. . B. Billing Pursuant to Section 215.422(3)(b), Florida Statutes, a state agency (FAU) shall mail the (abbreviated nameABBREVIATED NAME)'s payment within forty (40) days after receipt of an acceptable invoice and after inspection and acceptance of the research deliverables provided in accordance with the terms and conditions of this Agreement. Failure to mail the warrant within 40 days shall result in the agency paying interest in accordance with Section 55.03, Florida Statutes. A "Vendor Ombudsman" has been established within the Florida Department of Banking and Finance. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The vendor ombudsman may be contacted at (▇▇▇) ▇▇▇-▇▇▇▇, or by calling the State Comptroller's Hot-line ▇-▇▇▇-▇▇▇-▇▇▇▇. (abbreviated nameABBREVIATED NAME) agrees that bills and invoices for fees or other compensation for services or expenses shall cite the Subaward Agreement number and include at a minimum the current and cumulative costs (including cost sharing, if any) and certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(a). All payments shall be considered provisional and subject to adjustment within the total estimated cost in the event such adjustment is necessary as a result of an adverse audit finding against the Subrecipient. FAU reserves the right to reject an invoice, in accordance with 2 CFR 200.305number. The performance of FAU of any of its obligations under this Agreement shall be subject to and contingent upon the availability of funds, and the obligation of funds by the prime funding agency (Sponsor), or otherwise lawfully expendable for the purposes of this Agreement for the current and future periods. FAU shall give notice to (abbreviated nameABBREVIATED NAME) of the non-availability of such funds when FAU has knowledge of such fact. Upon receipt of such notice by (abbreviated nameABBREVIATED NAME), (abbreviated nameABBREVIATED NAME) shall be entitled to payment only for those services performed and expenses incurred prior to the date notice is received. If this Agreement includes travel expenditures, any such expenditures, including reimbursement, must comply with Sections 287.058(1)(b) and 112.061, of the Florida Statutes Statutes and itemized in detail in Attachment A. (abbreviated nameABBREVIATED NAME) shall submit invoices based on the payment schedule specified in Article III, Cost. A final invoice must be received within 30 days after the budget period end date. (abbreviated name) agrees that bills and invoices for fees or other compensation for services or expenses shall include current and cumulative costs and indicate at a minimum the following information: Subaward Agreement Number Supplier Contract Number (issued from FAU Purchasing Office) Unique Invoice Number Invoice Period FAU Award Number A certification signed by an authorized official for (abbreviated name), as required in 2 CFR 200.415(1) Breakdown of current and cumulative costs by project Invoices that do not include all of the required information shown above may be returned to (abbreviated name). Please forward all invoices to the following e-mail address: Name FAU Accounts Payable Department ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇.▇▇▇ Department C. Audit (abbreviated nameABBREVIATED NAME) shall maintain and have available for audit and inspection all administrative and financial documents, and all other records, pertinent to the financial costs allocated to this agreement for a period of three years following the termination date except that, if an audit is initiated before the expiration of the three year period, the records shall be retained until audit findings have been resolved. The above records are subject to inspection and audit by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. Any costs reimbursed by FAU which are subsequently found to be disallowed under audit shall be refunded to FAU by (abbreviated nameABBREVIATED NAME). (abbreviated nameABBREVIATED NAME) agrees to comply with the requirements of Uniform Guidance, found generally at 2 CFR 200, as appropriate. In cases of non-compliance with federal laws and regulations, (abbreviated nameABBREVIATED NAME) will also provide copies of responses to auditor's reports and a plan for corrective action. All records and reports prepared in accordance with the requirements of Uniform Guidance 2 CFR 200 shall be available for inspection by FAU, its designated representatives, representatives of Sponsor, or the Comptroller General of the United States at all reasonable times during the life of the grant and for three years thereafter. If (abbreviated nameABBREVIATED NAME) is required to perform an audit under Uniform Guidance 2 CFR 200Audit, (abbreviated nameABBREVIATED NAME) must provide FAU with notice a copy of completion of required audits and any adverse findings which impact this subaward as required by 2 CFR parts 200.501-200.521, and will provide access to records as required by 2 CFR parts 200.336, 200.337 and 200.201 as applicable. its most recent audit report. D. Equipment FAU and (abbreviated nameABBREVIATED NAME) agree that if (abbreviated nameABBREVIATED NAME) purchases permanent equipment under this Agreement, title to such equipment will vest in the (abbreviated nameABBREVIATED NAME) under the same conditions as apply under FAU’s grant with the Sponsor and that FAU shall have the same rights to require transfer of equipment as the Sponsor has. . E. Income (abbreviated nameABBREVIATED NAME) is accountable to FAU for Sponsor's share of any program-related income. FAU will be responsible for the records on the receipt and disposition of any such income. (abbreviated nameABBREVIATED NAME) will maintain such records as are necessary for FAU to fulfill its responsibility. The disposition of the income will be in accordance with Sponsor's policy. F. Risk To the extent provided under Section 768.28 of the Florida Statutes, (“ABBREVIATED NAME”) assumes any and all risks of personal injury and property damage, deprivation, or infringement (including, but not limited to, intellectual property) attributable to the negligent acts or omissions of the and its officers, employees, servants, and agents while acting within the scope of their employment by (“ABBREVIATED NAME”). Nothing contained herein shall be construed or interpreted as (1) denying to the (“ABBREVIATED NAME”) any remedy or defense available to it under the laws of the State of Florida; (2) the consent of the (“ABBREVIATED NAME”), the State of Florida or its officers, employees, servants, agents, agencies, political subdivisions, or public bodies corporate to be sued; (3) a waiver of sovereign immunity beyond the waiver provided in Section 768.28, Florida Statutes; or (4) constituting a hold harmless agreement on the part of the (“ABBREVIATED NAME”).