COST-REIMBURSABLE CONSORTIUM AGREEMENT #UTA03-545

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					              COST-REIMBURSABLE
        CONSORTIUM AGREEMENT #UTA03-545
                    Between
       THE UNIVERSITY OF TEXAS AT AUSTIN
                      And
            SOUTHWEST FOUNDATION
           FOR BIOMEDICAL RESEARCH

This Consortium Agreement, by and between the collaborating organization
Southwest Foundation for Biomedical Research, San Antonio, TX 78245
(hereinafter referred to as SFBR), and the grantee institution The University
of Texas at Austin, Austin, Texas (hereinafter referred to as UT). This
Consortium Agreement conforms to the NIH policies for consortium
agreements as outlined in Section I11 of the National Institutes o Health
                                                                    f
Grants Policy Statement (Rev, March 2001, as amended).

WHEREAS, the designated principal investigators at SFBR (Dr. Jean L.
Patterson) and UT (Dr. Brent L. Iverson) have jointly prepared a research
proposal entitled "Anthrax Antidote in Animals" for submission to the
National Institutes of Health - National Institute of Allergy and Infectious
Diseases
WHEREAS, UT has been designated as the grantee University for this
project funded by Grant #1-U01-A105643 1 (CFDA #93.856).
WHEREAS, the designated principal investigators at SFBR and UT agree
that the proposed research activities can best be conducted combining their
particular skills, experience and efforts.

WHEREAS, a detailed description of the research activities to be carried out
by SFBR is provided in ATTACHMENT A.
NOW THEREFORE, and in consideration of the premises and of the mutual
covenants and promises of the parties hereinafter set forth, it is hereby agreed
as follows:
Articlel. To facilitate Administrative Responsibilities between UT and
          SFBR, the administrative responsibility for the grant shall reside
          with appropriate officials at UT.
Article 2. Duties and Responsibilities of the Investigators:
           a.   To facilitate scientific and reporting requirements of the NIH
                and because the administrative responsibilities will reside with
                UT, Dr. Brent L. Iverson will be designated the primary
                principal investigator of the erant who wffl be responsible for
                the overall quality of the work, for required progress reports,
                and for assuming the necessary responsibilities in cooperation
                with Dr. Jean L. Patterson.

           b.   Dr. Brent L. Iverson will be responsible for the day-to-day
                supervision of research to be conducted at UT.

           c.   Dr. Jean L. Patterson is the principal investigator at SFBR.
                He will be responsible for the day-to-day supervision of the
                research at the collaborating organization.
           d.   Dr. Jean L. Patterson and Dr. Brent L. Iverson agree to
                maintain close contact by telephone or in person so that
                duplication of effort and expense can be avoided.
Articles. The project period of performance under this Consortium
          Agreement shall be August 15,2003 through January 3 1,2006.
Article4. For the separable funding period August 15, 2003 through
          January 31,2004, UT shall pay to SFBR, on a reimbursable basis
          and in accordance with the attached budget (ATTACHMENT B),
          an amount not to exceed $65.000, which shall include all direct
          and indirect costs.

          Indirect costs shall be computed at a rate of 69% of Modified
          Total Direct Costs. This rate is the federally negotiated indirect
          cost rate for the collaborating organization applied to the
          appropriate direct cost base for that organization. This rate is
          considered to be predetermined and will not be adjusted at a later
          date.
          No funds may be automatically carried forward to any subsequent
          budget period. If SFBR wishes to carry-forward unexpended
          funds from one separable funding period into the subsequent
          budget period, SFBR must make such a request in writing to Dr.
          Brent L. Iverson within thirty (30) days after the anniversary.
          Permission, if granted, will be acknowledged by formal written
          amendment to this Consortium Agreement.

                -
Article5 Funding support for the remainder of the project period will be
         contingent upon satisfactory progress, availability*of funds, and
         amendment of this Consortium Agreement.
Article6. No part of the research services to be performed under this
          Consortium Agreement may be accomplished by subcontract,
          except with the prior approval of UT. SFBR will send any
          requests to subcontract and copies of proposed subcontract
          paperwork to The University of Texas at Austin, Office of
             Sponsored Projects, Attention: Director, P.O. Box 7726, Austin,
             Texas 787 13-7726.

Article 7.    Subsequent to the full execution of this Consortium Agreement,
              reimbursement invoices shall be submitted on a monthly basis by
              SFBR to Ms. Donna Martin-Brace (on behalf of Dr. Brent L.
              Iverson), Institute for Cell and Molecular Biology, The University
              of Texas at Austin, 1 University Station #C0400, Austin, TX
              78712-023 1 (Phone: 5 l2/471-5799; FAX: -7963; E-mail:
              <DomaMaitinBrace@mail.UTexas.edu>).
             Said invoices should be properly prepared on SFBR letterhead,
             should certify that all payments requested are for appropriate
             purposes and in accordance with the agreements set forth in the
             application and award documents, should state the period for
             which reimbursement is being requested, should itemize the costs
             by budget category per the budget summary (Attachment B),
             should show current costs and cumulative costs to date. and
             should be signed by SFBR's authorized representative.
             Final invoice shall be submitted within sixty (60) days of the end
             of the period of performance and shall be marked "Final." UT is
             not under any obligation to pay invoices received after the
             deadline. Payment of final invoice is contingent upon the receipt
             by UT of all required technical reports from the Subcontractor.

             Dr. Brent L. Iverson will review invoices and forward the
             approved vouchers to the Office of Accounting for
             reimbursement.
             Payment of all allowable costs will be made within thirty (30) days
             after receipt of the voucher. Final voucher will be paid after
             receipt and acceptance of the Final Report. SFBR shall refund to
             UT any disallowed costs incurred by SFBR under this Consortium
             Agreement.
Article 8. Administrative Consideration:

             Where policies of the collaborating organization differ from those
             of the grantee institution, (e.g. travel reimbursement, salaries and
             fringe benefits) the policies of the organization where the costs are
             generated are applied to those costs, provided such policies are in
             compliance with those of NIH.
Article 9. General Provisions:
             The terms and conditions of the National Institutes of Health
             Grants Policy Statement ( N I H G P S ) (Rev. March 2001, as
           amended), are hereby incorporated by reference (available on the
           htQ://www.iuh.gov/grants/policy/mh~s/nih web site), and
                                                ms.pdf
           made binding upon SFBR.

           SFBR is responsible for reporting inventions derived or reduced
           to practice in the performance of work under this Consortium
           Agreement. Rights to SFBR inventions vest with SFBR provided
           certain requirements are met and there is acknowledgement of
           NIH support through UT. In addition, SFBR must ensure that
           patent and license activities are consistent with SFBR'S
           responsibility to make unique research resources developed under
           this Consortium Agreement available to the scientific community,
           in accordance with NIH policy. For additional information, please
           visit http://www.iedison.gov.

           This Consortium Agreement includes research involving Select
           Agents (see 42 CFR 73 for the Select Agent list; and 7 CFR 331
           and 9 CFR 121 for the relevant animal and plant pathogens).
           Before using NIH pass-through funds, SFBR must complete
           registration with CDC (or USDA, depending on the agent), as
           appropriate. No funds can be used for research involving Select
           Agents if the final registration certificate is denied.
Article 10. Assurances:
           a.   Care and Treatment of Laboratory Animals - Both UT and
                SFBR must have on file with or submit upon request to NIH
                an Animal Welfare Assurance. The Assurance document
                commits the organization to comply with applicable portions
                of the Animal Welfare Act (P.L. 89-544 as amended) and the
                "Guide for the Care and Use of Laboratory Animals"
                Publication No. 80-23, Rev. 1978, or succeeding editions).
           b.   Civil Rights and Equal Employment Opportunity - Both UT
                and SFBR will comply with Title VI of the Civil Rights Act of
                1964, and section 504 of the Rehabilitation Act of 1973, as
                amended (Handicapped Individuals). Both UT and SFBR
                have on file with the DHHS Office for Civil Rights a valid
                Assurance of Compliance with the Civil Rights Act of 1964
                (Form HHS 441) and Section 504 of the Rehabilitation Act
                of 1973, as amended (Form HHS 641).
           c.   Protection of Human Subjects - Both UT and SFBR, when
                conducting some or all of the research involving human
                subjects, must have on file with or must submit to
                Department of Health and Human Services (DHHS) upon
                request an Assurance of Compliance, approved in accordance
                with Title 45, Code of Federal Regulations, Part 46 (45 CFR
     46), setting forth the organizational policies and procedures
     established for the protection of human research subjects.

d.   Patents and Inventions - Patent and inventions policy of the
     Public Health Service will be applicable to SFBR and
     employees working on this grant. Standard Patent Rights
     clause of 37 CFR 40 1.14 or FAR .52.227- 11, as appropriate,
     is hereby included by reference.
e.   Recombinant DNA Research - Both UT and SFBR and their
     respective principal investigators shall comply with the most
     recent NIH Guidelines for Research Involving Recombinant
     DNA Molecules.
f     Certification of DebarmentISuspension Status - In the event
      funds allotted under this Consortium Agreement, including
      any subsequent amendment to this Consortium Agreement,
      are expected to exceed $100,000,
      (i) SFBR certifies with its execution of this Consortium
           Agreement that it is not suspended, debarred or
           ineligible from entering into contracts with any
           Department or other Agency of the Federal
           Government, or in receipt of a notice of proposed
           debarment or suspension.
     (ii) SPBR shall provide immediate notice to UT in the event
           of being suspended, debarred or declared ineligible by
           any Department or other Federal Agency, or upon
           receipt of a notice of proposed debarment or suspension,
           either prior to or after execution of this Consortium
           Agreement.
     (iii) SFBR agrees to secure from its subcontractors or
           participants in transactions expected to equal or exceed
           $100,000, certification that such participants are not
           suspended, debarred or declared ineligible from entering
           into contracts with any Department or Agency of the
           Federal Government, or in receipt of a notice of
           proposed debarment or suspension.

g.   Equal Employment Opportunity - SFBR certifies, upon
     execution of this Consortium Agreement, that it is in
     compliance with the requirements of Executive Order 11246,
     entitled "Equal Employment Opportunity," as amended by
     Executive Order 11375, and as supplemented in Department
     of Labor regulations (41 CFR, P r 60).
                                    at
h.   Clean Air and Water - In the event funds allotted under this
     Consortium Agreement, including any subsequent
     amendment to this Consortium Agreement, are expected to
    exceed $100,000, or a facility to be used has been the subject
    of a conviction under the Clean Air Act (42 U.S.C. 1857~-
    8(c)(l)) or the Federal Water Pollution Control Act (33
    U.S.C. 1319(c)), and is listed by EPA, or if the award is not
    otherwise exempt, SFBR agrees, upon execution of this
    Consortium Agreement, to comply with all applicable
    standards, orders or regulations issued pursuant to the Clean
    Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal
    Water Pollution Control Act (33 U.S.C. 1251 et seq.) as
    amended. Violations shall be reported to the Federal
    sponsoring agency and the Regional office of the
    Environmental Protection Agency.
i   Lobbying Certification - In the event funds allotted under this
    Consortium Agreement, including any subsequent
    amendment to this Consortium Agreement, are expected to
    exceed $100,000, SFBR certifies with its execution of this
    Consortium Agreement, to the best of his or her knowledge
    and belief, that:
       no Federal appropriated funds have been paid or will be
       paid, by or on behalf of the undersigned, to any person
       for influencing or attempting to influence an officer or
       employee of any agency, a Member of Congress, or an
       employee of a Member of Congress in connection with
       the awarding of any Federal contract, the making of any
       Federal grant, the making of any Federal loan, the
       entering into of any cooperative agreement, and the
       extension, continuation, renewal, amendment, or
       modification of any Federal contract, grant, loan, or
       cooperative agreement.
       if any funds other than Federal appropriated funds have
       been paid or will be paid to any person for influencing or
       attempting to influence an officer or employee of any
       agency, a Member of Congress, an officer or employee of
       Congress, or an employee of a Member of Congress in
       connection with this Federal contract, grant, loan, or
       cooperative agreement, the undersigned shall complete
       and submit Standard Form-LLL, "Disclosure Form to
      Report Lobbying," in accordance with its instructions.
       SFBR shall require that the language of this certification
      be included in the award documents for all subawards at
      all tiers (including subcontracts, subgrants, consortium
       agreements, and contracts under this Consortium
      Agreement) and that all subrecipients shall certify and
      disclose accordingly.
    This certification is a material representation of fact upon
    which reliance was placed when this transaction was made or
                entered into. Submission of this certification is a prerequisite
                for making or entering into this transaction imposed by
                Section 1352, Title 31, U.S. Code. Any person who fails to
                file the requhed ceitxcation shall be subject to a civil penalty
                of not less than $10,000 and not more than $100,000 for
                each such failure.

           j.   Certification of Responsibility Regarding Conflicting Interests
                of Investigators - SFBR's authorized institutional
                representative certifies, upon execution of this Consortium
                Agreement, that SFBR:
                   has adopted and that it administers a policy that conforms
                   in all respects with 42 CFR 50, Subpart F, relating to
                   Responsibility of Applicants for Promoting Objectivity in
                   Research;
                   shall notify UT concerning a conflicting financial interest
                   or Significant Financial Interest of any Investigator
                   participating in this Consortium Agreement;
                   will take reasonable measures to assure that its
                   Investigators comply with the policy for the duration of
                   this Consortium Agreement.
           k    SFBR shall take appropriate actions to ensure that the
                activity supported by SFBR is not adversely affected by
                ambiguous date data or date data preceding, crossing, or
                subsequent to January 1,2000.

Article 11. Other Administrative Considerations:
           a.   Rebudgeting Authority - SFBR will have the authority to
                make minor budget changes; however, major changes will be
                consistent with NIH policy and will receive appropriate
                review.
           b.   Audit Guidelines - All costs incurred in the Consortium grant
                will be subject to audit by the cognizant Federal audit agency.
                Upon request, personnel authorized by UT or the cognizant
                Federal agency will be provided access to records supporting
                grant-related costs of the collaborating organization.
                This Consortium Agreement, including all records related
                thereto, shall be retained until three (3) years after the later of
                the termination or completion of this Consortium Agreement,
                final payment, or the resolution of any UT or U.S.
                Government action involving this Consortium Agreement.
                SFBR agrees to comply with the requirements of OMB
                Circulars A-1 10, A-122, and A-133.
     If applicable, SFBR further agrees to provide UT with a copy
     of its annual audit and any independent auditors' reports
     which present instances of non-compliance with federal laws
     and regulations which bear directly on the performance or
     administration of this Consortium Agreement. In cases of
     such non-compliance, SFBR will send copies of reports,
     responses to auditors' reports, and a plan for corrective action
     to The University of Texas at Austin, Office of Sponsored
     Projects, Attention: Director, P.O. Box 7726, Austin, Texas
     78713-7726.
     Additionally, the books and records must be retained for a
     period of three years following final payment.
c.   Equipment purchased by SFBR under this Consortium
     Agreement will become the property of SFBR.
d.   Grant-Related Income - UT is accountable to the NIH for all
     grant- related income generated by the grant-supported
     activities. In accordance with NIH policy, UT is responsible
     for maintaining records of the receipt and disposition of grant
     related income in the same manner as required for the grant
     funds that gave rise to the income. SFBR will maintain
     records as necessary for the grantee institution to fulfill its
     responsibility. However, no grant-related income is
     anticipated.
e.   Publications - UT and SFBR have agreed that authorship of
     research reports and other publications if written
     independently will be that of the author only. On
     collaborated research reports and other publications, the
     investigator who writes the majority of the document will be
     the senior author.

     Neither UT nor SFBR shall make reference to the other ill a
     press release or any other written statement in connection
     with work performed under this Consortium Agreement, if it
     is intended for use in the public media, except as required by
     the Texas Open Records Act or other law or regulation.
     SFBR, however, shall have the right to reference UT'S
     support of the investigations under this Consortium
     Agreement in scientific or academic publications and other
     scientific or academic communications, without UT's prior
     approval. In any such statements, UT and SFBR shall
     describe the scope and nature of their participation accurately
     and appropriately.
           g.   Disputes - Subject to the provision set forth in paragraphs (i)
                and (ii) below, any dispute concerning questions arising under
                this Consortium Agreement which are not resolved by
                agreement of the parties of the Consortium Agreement may
                be settled by appropriate legal action or such other procedure
                as may be agreed to by the parties.
                i Pending the resolution of any dispute, SFBR shall
                    proceed as directed, in writing, by UT.
                ii. In the event a dispute arises under or relates to this
                    Consortium Agreement, the parties shall diligently
                    attempt to resolve the dispute. SFBR acknowledges that
                    the dispute resolution process provided for in Chapter
                    2260 of the Texas Government Code must be used by
                    both UT and SFBR to attempt to resolve all disputes
                    arising under this Consortium Agreement. Either party
                    must give written notice to the other party of a claim for
                    breach of this Consortium Agreement not later than the
                    1 8 0 day after the date of the event giving rise to the
                    claim. Neither the execution of this Consortium
                    Agreement by UT, nor the conduct, action, or inaction
                    by any person in the execution, administration, or
                    performance of this Consortium Agreement constitutes
                    or is intended to constitute a waiver of UT's or the
                    state's immunity from suit.

Article 12. Reporting Requirements:

          Dr. Jean L. Patterson and Dr. Brent L. Iverson will jointly prepare
          and submit the required progress reports. In addition, a final
          technical report, final expenditure report and invention statement
          will be required from SFBR within sixty (60) days following
          termination of the grant.
           SFBR shall send all reports to Ms. Donna Martin-Brace (on
           behalf of Dr. Brent L. Iverson), Institute for Cell and Molecular
           Biology, The University of Texas at Austin, 1 University Station
           #C0400, Austin, TX 787 12-0231 (Phone: 5 12/471-5799; FAX: -
           7963; E-mail: <DoimaMartinBrace@mail.UTexas.edu>).
Article 13. Termination of Agreement:

          This Consortium Agreement may be terminated by either party
          by giving notice in writing via registered mail, return receipt
          requested, at least ninety (90) days prior to such termination date.
Article 14. Order of Precedence:

                                                                         -
            In the event of anv inconsistencies in this Consortium Aereement
                              ,
            unless otherwise provided herein, inconsistencies shall be resolved
            by giving precedence in the following order:
            a.   The Consortium Agreement - Articles 1 through 14;
           b.    The National Institutes of Health Grants Policy Statement
                 (NIHGPS) (Rev, March 2001, as amended).


The policies and regulations of the Public Health Service shall govern this
Consortium Agreement between SFBR and UT as they govern the grant
between UT and the Public Health Service.

AGREED AND ACCEPTED;
SOUTHWEST FOUNDATION THE UNIVERSITY OF
FOR BIOMEDICAL       TEXAS AT AUSTIN
RESE CH
By:                                     B       k    4      -   L
                                                         hpblbk~c~uiston
         Tr asurer
Title:                                  Title: Acting Director. Sponsored Projects
Date:    911512003                      Date:         Seutember 5.2003
          -
          4




          ATTACHMENT A
        STATEMENT OF WORK



the submoteact award in year 1, workers at the SouthWegC
             ATTACHMENT B
                BUDGET




Salaries & Wages             $19,330
Fringe Benefits                5,335
Materials & Supplies           4,352
Domestic Travel                1,200
Miscellaneous Direct Costs     8,244
TOTAL DIRECT COSTS           $38,461
INDIRECT COSTS @ 69% MTDC    $26.539
TOTAL COSTS                  $65,000
                                       Amendment 1
                                               to
                                    Consortium Agreement
                                        #UTA03-545
                                          between
                               The University of Texas at Austin
                                             and
                         Southwest Foundation for Biomedical Research

                                   (UTs Prime: NIH
                  Consortium Agreement #U01 A156431 under Dr. Iverson)


The following changes in the basic Consortium Agreement are mutually agreed to:

Article 4.      For the separable funding period of February 1, 2004 through January
                31, 2005, UT shall pay to SFBR, on a reimbursable basis and in
                accordance with the attached budget, Attachment B, not to exceed
                $121,599, which shall include all direct and indirect costs.

                Edit the following paragraph of Article 10:

Article 10.     f.      Certification of DebarmentISuspension Status - SFBR certifies
                with its execution of this Consortium Agreement that it is not suspended,
                debarred or ineligible from entering into contracts with any Department
                or other Agency of the Federal Government, or in receipt of a notice of
                proposed debarment or suspension. SFBR shall provide immediate
                notice to UT in the event of being suspended, debarred or declared
                ineligible by any Department or other Federal Agency, or upon receipt of
                a notice of a proposed debarment or suspension, either prior to or after
                execution of this Consortium Agreement. SFBR agrees to secure from
                its subcontractors certification that such participants are not suspended,
                debarred or declared ineligible from entering into contracts with any
                Department or Agency of the Federal Government, or in receipt of a
                notice of proposed debarment or suspension.

All other terms and conditions of the basic Consortium Agreement shall remain
unchanged.

In witness whereof, the parties hereto have executed this Amendment as of the day,
month and year shown:

SOUTHWEST FOUNDATIONFOR                          THE UNIVERSITYOF TEXAS
BIOMEDI L RESEARCH

By:
                pe k, Jr.
                                                          Rochelle R. AthJ
                                                          Associate Director
-ritle.   Treasurer                          Title:                                   -
Date:         4/07/0t,                       Date:      9/2i/6~.$
                          ATTACHMENT B
                            BUDGET

Salaries & Wages
Fringe
Supplies
Per deim (BSL-4)
Per deim (conventional)
Shipping
Total Direct Costs
Indirect costs @67.5%
TOTAL COSTS

				
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