10 CCR s 5413

Cal. Admin. Code tit. 10, s 5413

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.7. DEPARTMENT OF COMMERCE: COMPETITIVE TECHNOLOGY PROGRAM
ARTICLE 2. APPLICATION PROCESS
This database is current through 01/05/07, Register 2007, No. 1.
s 5413. Agreement Among Participants.

(a) Each applicant shall at the time the application is submitted include
as part of the application an agreement or agreements (in a form specified
in subsection (b) below) among all parties proposing to participate in the
project (including, where applicable, the applicant, the private sector
participant[s], all funding sources, and any other persons or
organizations which are necessary to the project, except the department),
which agreement[s] shall address the following:

(1) organization and control of the project;

(2) delineation of the respective roles and responsibilities of all
the parties, indicating that all participants, from both the public
and private sectors have a direct and ongoing involvement in the
project;

(3) identification of the amount, timing and means by which funds
and in-kind contributions will be made available to the project by
the various participants, as applicable;

(4) financial reporting, including the timing of such reports;

(5) the resolution of any intellectual property rights relative to
the project;

(6) consent for any individual participants employed by other than
the applicant or private sector participant to participate in the
project;

(7) in the case of cooperative research projects or consortium
projects, description of how the technology agenda, as defined in
Section 5450(b), task selection, dissemination of technology agenda,
implementation or commercialization of projects and review processes
will be accomplished;

(8) in the case of consortium development projects, a description
of the working relationships among the institutions comprising the
consortium; an agreement to establish and become members of a
California nonprofit corporation, for the purpose of furthering
technology transfer, within five years of submitting the
application; and

(9) any other matters that the participants deem necessary to be
included in such agreement.

(b) The agreement shall be signed by the parties thereto and submitted
with the application, or shall be in the form of, or shall be a draft
agreement accompanied by, a memorandum of understanding, letter of intent
or similar document signed by the applicant participants that evidences
the agreement of the parties to perform the project substantially in the
manner and on the terms outlined in the application, and committing the
parties to execute a final agreement prior to any disbursement of grant
funds.

Note: Authority cited: Section 15379.9, Government Code.
Reference: Sections 15333.5, 15379.3 and 15379.4, Government Code.

HISTORY

1. Repealed by operation of Government Code section 11346.1(g) and new
section filed 8-20-89; operative 8-20-89 (Register 89, No. 31). For prior
history, see Register 89, No. 2.

2. Amendment of subsections (a)(7)-(8) filed 9-8-92 as an emergency;
operative 9-8-92 (Register 92, No. 37). A Certificate of Compliance must
be
transmitted to OAL by 3-8-93 or emergency language will be repealed by
operation of law on the following day.

3. Amendment of subsections (a)(7)-(8) refiled 3-8-93 as an emergency;
operative 3-8-93 (Register 93, No. 11). A Certificate of Compliance must
be
transmitted to OAL by 9 -4-93 or emergency language will be repealed by
operation of law on the following day.

4. Certificate of Compliance as to 3-8-93 order transmitted to OAL 9-2-93
and
filed 10-18-93 (Register 93, No. 43).

5. Editorial correction amending History 2 and 3 (Register 93, No. 43).

10 CCR s 5413, 10 CA ADC s 5413
1CAC

10 CA ADC s 5413

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