Carolyn,

 

You make an interesting point that I am not entirely following.  Can you clarify how accepting indemnification, state law, etc. contract terms under the guise of the research foundation would not be binding for the research foundation?  Isn’t it just moving the problematic clauses from one entity to another? Or is that the point?  (Sorry I am not getting your point on the first swing of the bat, but I’m struggling like the Royals at this point in the season…)

 

Bill

 

 

William Sharp, Ph.D.
Assistant Director, Research Administration

Office of Research | The University of Kansas

2385 Irving Hill Road

Lawrence, KS  66045

(785) 864-7430 | xxxxxx@ku.edu 

 

 

 

 

Russell,

 

Why wouldn’t this be a reason to accept the award through your research foundation? As I recall, FSU’s research foundation accepts only non-federal awards and prefers to accept federal awards through the university. One of the reasons state universities establish research foundations is because of issues such as indemnification, state law, and insurance limits, none of which bind the research foundation. That would be a reason for your institution to make an exception. Not accepting the award when you have a mechanism through which you can do it makes no sense to me.

 

Carolyn Elliott-Farino
Executive Director, Office of Research
Kennesaw State University &
Kennesaw State University Research and Service Foundation
3413 Kennesaw Hall, MD #0111
585 Cobb Avenue, Kennesaw, GA 30144
470-578-6381

 

Has anybody had a federal agency refuse to limit indemnification to your state’s statutory sovereign immunity limits? If so, how did you handle it? Did you have to choose not to accept the award, to find someone else at the agency, or some other alternative? We have received but not yet accepted two awards that include a FAR clause requiring FSU to indemnify without limits. The federal agency is refusing to limit indemnification despite our sending of both the Florida statute and Attorney General Legal Opinion that limit indemnification to $300,000. Any guidance would be appreciated!

 

Thanks,

Russ

 

Russell D. Lentz

Associate Director

Sponsored Research Administration (Pre-Award)

Florida State University

874 Traditions Way

Tallahassee, FL 32306-4166

(850) 644-8649

xxxxxx@fsu.edu

 

 

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