Section 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.Cal. Code Regs. Tit. 10, § 5413
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 Repealed by operation of Government Code section 11346.1(g) and new section filed 8-20-89; operative 8-20-89 (Register 89, No. 31).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). Note: Authority cited: Section 15379.9, Government Code. Reference: Sections 15333.5, 15379.3 and 15379.4, Government Code.
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).