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Prototype of subaward agreement to other educational institutions

THIS DRAFT RESEARCH AGREEMENT IS PROVIDED FOR INFORMATION ONLY. ALL TERMS AND CONDITIONS OF ANY ACTUAL AGREEMENT REMAIN NEGOTIABLE UNTIL THE EXECUTION OF A WRITTEN AGREEMENT. ONLY THE SPONSORED PROJECTS OFFICE HAS THE AUTHORITY TO NEGOTIATE THESE AGREEMENTS.


Prototype of Federal Subaward Agreement

University of California, Berkeley
Agreement Number: _____________

This Agreement is entered into by and between The Regents of the University of California, for the Berkeley campus “California” and “Institution.” This agreement is for the performance of a portion of the work originally awarded to California from “Granting Agency” “grant ______” under the direction of Principal Investigator “P.I.’s Name,” the parties agree to the following terms and conditions:

ARTICLE I. STATEMENT OF WORK: “Institution” shall exercise its best efforts to carry out the program indicated in Exhibit A, which is incorporated herein and made a part of this agreement.

ARTICLE II. PERIOD OF PERFORMANCE: The period of performance shall be from “begin date” to “end date.” These dates are subject to “Granting Agency’s” continued support of California.

ARTICLE III. CONSIDERATION: California will reimburse “Institution” actual costs for the performance of work under this agreement in the amount not to exceed $______ which is based on the budget incorporated into this agreement as Exhibit B.

ARTICLE IV. PAYMENTS: California will reimburse “Institution” upon receipt of monthly invoices provided by “Institution.” The final invoice, clearly marked “Final,” must be submitted within 60 days after the expiration date of this agreement. Invoices shall identify expenditures by major budget categories (i.e., salaries, fringe benefits, equipment, travel, supplies, etc.) as provided in Exhibit B. Invoices shall be dated, numbered, make reference to UCB Agreement Number ______ and Purchase Order Number ______ and be mailed to:

“Administrator’s Name,” “Administering Unit,” “Address,” University of California

ARTICLE V. PROJECT MANAGEMENT: For Technical Matters: California’s principal investigator “P.I. name” is responsible for the overall conduct of the project. PI is responsible for technical monitoring and guidance.

“Institution’s” “P.I. name” is responsible for “Institution’s” portion of the project. No substitution may be made of “Institution” principal investigator without prior written approval from California.

For Business Matters:

  • For California: “Senior Research Administrator,” Sponsored Projects Office, UCB
  • For “Institution”: “Institution,” Authorized Official

ARTICLE VI. REPORTS: “Institution” shall furnish California technical progress reports as required by California’s P.I. Final technical report shall be submitted to California within 60 days of the project end date or within 60 days of the termination date whichever comes first. Reports are to be submitted to:

Principal Investigator’s Name, Address

ARTICLE VII. COPYRIGHT/PATENT: “Institution” may assert copyright on materials that it produces in the performance of the work of this agreement. California and “Agency” shall have the right to a non-transferable, irrevocable, worldwide, royalty-free, non-exclusive license to use, reproduce, publish or re-publish, or otherwise disseminate such copyrighted materials.

The standard patent rights clause found at XX CFR part XXX is incorporated herein by reference.

ARTICLE VIII. RECORD RETENTION: Financial record, supporting documents and other record pertaining to this agreement shall be maintained and retained by “Institution” for a period of three years from the termination date of this agreement.

ARTICLE IX. PUBLICATIONS: “Institution” agrees that all publications that result from work under this agreement will acknowledge that the project was supported by “Grant No. XXX” under a grant from “Granting Agency.”

ARTICLE X. SUSPENSION/TERMINATION: In the event the “Granting Agency” suspends its grant to California, California shall suspend this agreement to “Institution.” Notification of suspension shall be in writing from California. California will be unable to reimburse any expenses under suspension unless and until “Granting Agency” reimburses California for such costs.

Either party may terminate this agreement upon thirty days advance written notice to the other party. However, in the event that the “Granting Agency” terminates the grant to California prior to the project’s end date as stated in Article II, this agreement will be immediately terminated. In the event of any form of termination, California will reimburse “Institution” for all expenses incurred through the date of termination.

ARTICLE XI. GENERAL PROVISIONS AND CERTIFICATIONS: All terms and conditions set forth in “Granting Agency’s” policies “X,Y,Z” shall apply to this agreement and are incorporated herein by reference.

In addition “Institution” certifies that:

  1. It is not delinquent on the repayment of any federal debt
  2. It is presently not debarred, suspended, proposed for debarment, declared ineligible, nor voluntarily excluded from covered transactions by any federal department or agency
  3. It is in compliance with the Drug-Free Work Place Act of 1988
  4. It is in compliance with Public Law 101-122, Section 1352 which covers restrictions regarding lobbying
  5. It has filed the assurances required under PHS final rule entitled “Responsibilities of Awardee and Applicant Institution for Dealing with and Reporting Possible Misconduct in Science”
  6. It is in compliance with the federal financial disclosure requirements (PHS/NSF only)

ARTICLE XII. CHANGES: This agreement constitutes the entire agreement between the parties regarding the subject matter herein. Any modification to this agreement shall be made in writing and must be signed by the authorized representatives of both parties.

FOR INSTITUTION

By:________________________________ (signature)

Name:

Title:

Date:

 FOR THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

By: _______________________________ (signature)

Name:

Title:

Date: