California Code of Regulations
Title 10 - Investment
Chapter 7.7 - Department of Commerce: Competitive Technology Program
Article 2 - Application Process
Section 5412 - Matching Contribution

Universal Citation: 10 CA Code of Regs 5412

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The application shall include a commitment letter, letter of intent or other similar evidence that the private sector participant[s] will make a matching contribution[s] to the costs of the project. The application shall also indicate the amount, time and manner in which the matching contribution[s] will be made. The requirements set forth in this subsection shall be met by inclusion of such evidence in the agreement submitted pursuant to Section 5413.

(b) The amount of grant funds compared to the amount of matching contributions shall not be more than the following ratio:

(1) Phase 0 or other discretionary grants--no matching contribution required;

(2) Phase I--2:1; and

(3) Phase II--1:1.

(4) In the case of consortium projects, matching contributions may be from both private sector participants and public agencies or associations of public agencies, provided that, for Phase I or Phase II, the ratio of grant funds to matching contributions is no greater than 1:1 and that the private sector participant match constitutes at least 51% of the total required matching contribution. All entities making matching contributions must comply with the requirements of subsection (a).

(c) Matching contributions shall be in the form of either cash or in-kind contributions of personnel and equipment that will be spent or used after the filing of the application and prior to the end of the term of the grant. If the matching contribution for any project is proposed to be wholly or partly in-kind, the application shall specify the personnel and equipment that comprise the contribution, and shall give the estimated value thereof, consistent with the principles contained in subsections (d) and (e) of this section.

(d) In-kind contributions of personnel shall be valued based upon the salary of such personnel, plus benefits. In-kind contributions of personnel shall only comprise personnel that will directly benefit, and can be specifically identified with, the project.

(e) In-kind contribution of equipment shall meet the following criteria:

(1) The total contribution of equipment must be no more than 20% of the matching contribution;

(2) Contributed equipment must be an integral part of the project; and

(3) The matching funds for equipment contributions shall be valued as follows:
(A) For equipment contributions with a market value of less than $50,000, the matching value will be 50% of the market value;

(B) For equipment contributions with a market value of between $50,000 and $150,000, the matching value will be $25,000 plus 30% of the amount in excess of $50,000; and

(C) For equipment contributions with a market value above $150,000, the matching value will be $55,000 plus 20% of the amount in excess of $150,000.

For purposes of this subsection, equipment shall be considered to be contributed only when the applicant receives title to and possession of the equipment free of charge.

(f) The applicant shall certify that all in-kind contributions meet the criteria set forth in subsections (d) and (e) of this section.

1. Repealed by operation of Government Code section 11346.1(g) and new section filed 8-20-9; operative 8-20-89 (Register 89, No. 31). For prior history, see Register 89, No. 2.
2. New subsection (b)(4) filed 9-8-92 as an emergency; operative 9-8-92 pursuant to Government Code section 15379.9 (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. New subsection (b)(4) 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.

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