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(a)The Oversight Committee shall negotiate on behalf of the state regarding the awarding of grant funds and enter into a written contract with the grant recipient. (b)The Oversight Committee may delegate contract negotiation duties to the Executive Director and the General Counsel for the Institute. The Executive Director may enter into a written contract with the grant recipient on behalf of the Oversight Committee. (c)The contract between the Institute and the grant recipient may include the following provisions: (1)If any portion of the grant has been approved by the Oversight Committee to be used to build a capital improvement, the contract shall specify that: (A)The state retains a lien or other interest in the capital improvement in proportion to the percentage of the grant amount used to pay for the capital improvement; and (B)If the capital improvement is sold, then the grant recipient agrees to repay to the state the grant money used to pay for the capital improvement, with interest, and share with the state a proportionate amount of any profit realized from the sale; (2)Terms relating to intellectual property rights and the sharing with the Institute of revenues generated by sale, license, or other conveyance of such Project Results consistent with the standards established by this chapter; (3)Terms relating to publication of material created with grant funds or related to the research or prevention program that is the subject of grant funds, including an acknowledgement of Institute funding and copyright ownership, if applicable; (4)Repayment terms, including interest rates, to be enforced if the grant recipient has not used grant money for the purposes for which the grant was intended; (5)A statement that the Institute does not assume responsibility for the conduct of the research project or prevention program, and that the conduct of the project and activities of all investigators are under the scope and direction of the recipient; (6)A statement that the cancer research project or prevention program is conducted with full consideration for the ethical and medical implications of the research and that the project will comply with all federal and state laws regarding the conduct of the research; (7)Standards established by the Oversight Committee pursuant to §102.258 and §102.259, Health and Safety Code, to ensure that grant recipients, to the extent reasonably possible, in a good faith effort to achieve a goal of more than 50 percent of such purchases, purchase goods and services for the project funded by the Institute from suppliers in this state and purchase goods and services from historically underutilized businesses as defined by Chapter 2161, Government Code, and any other state law; (8)An agreement by the grant recipient to submit to regular inspection reviews of the grant project during normal business hours and upon reasonable notice; (9)An agreement by the grant recipient to present progress reports to the Executive Director on a schedule specified by the contract that include information on a grant-by-grant basis quantifying the amount of additional research funding, if any, secured as a result of Cancer Prevention and Research funding; (10)An agreement that, to the extent possible, the grant recipient will evaluate whether any new or expanded preclinical testing, clinical trials, commercialization, or manufacturing of any real or intellectual property resulting from the award can be conducted in this state, including the establishment of facilities to meet this purpose; (11)An agreement that the recipient will abide by the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning, if applicable; (12)An agreement that the grant recipient is under a continuing obligation to notify the Executive Director of any adverse conditions that materially impact milestones and objectives included in the contract; (13)An agreement that the design, conduct, and reporting of the research or prevention program will not be biased by conflicting financial interest of the applicant or any individuals associated with the grant. This duty is fulfilled by certifying that an appropriate written, enforced conflict of interest policy governs the recipient.
This agency hereby certifies that the adoption has
been reviewed by legal counsel and found to be a valid exercise of
the agency's legal authority.
Filed
with the Office
of the Secretary of State on July 12, 2010
TRD-201003865 William "Bill" Gimson
Executive Director
Cancer Prevention and Research Institute of Texas
Effective date: August 1, 2010
Proposal publication date: February 5, 2010
For further information, please call: (512) 305-8422
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