IFAS Internal Management Memoranda

UF/IFAS; Memorandum of Agreement for the Evaluation of Plant Material

EFFECTIVE DATE: June 23, 2006

INTERNAL MANAGEMENT MEMORANDUM: 6C1-6.120-10 (revised)

SUBJECT: UF/IFAS; Memorandum of Agreement for the Evaluation of Plant Material

All plant material discovered, created, or developed by the Florida Agricultural Experiment Station (FAES) is the property of the State of Florida and it is entrusted to the Florida Agricultural Experiment Station. These genetic resources when improved into elite germplasm, advanced breeding line(s), or potential cultivars by UF/IFAS/FAES scientists often are evaluated in commercial settings which are out of the immediate control of the plant breeder/developer. The transfer of any plant genetic resource, whether produced by seed or vegetative means, that allows for the establishment of plant material for evaluation must be accompanied by a Memorandum of Agreement for the Evaluation of Plant Materials (Materials Transfer Agreement). This agreement shall be completed and signed by the FAES scientist, the cooperator, the unit leader, and the Florida Agricultural Experiment Station Director or representative. A model or sample agreement is included with this IMM. For each agreement, the following steps should be followed:

  1. For routine transfer of plant material, Director of the Florida Agricultural Experiment Station, unit leader and FAES scientist (faculty member, FAES Project leader) sign the agreement.

  2. It is the duty and responsibility of the FAES Scientist to monitor the plant material distributed by these agreements. It is expected that the data collected from these collaborative arrangements may be summarized and then reviewed by the Cultivar Release Advisory Committee in their peer review of any proposed germplasm or cultivar release.

  3. Completed agreements require four copies distributed as follows:

    1. Cooperator
    2. FAES Scientist or Unit Leader
    3. FAES/Germplasm Property Manager
    4. Florida Foundation Seed Producers, Inc.

If, for any reason, the model agreement is inadequate for the situation, the FAES scientist will be referred to the Germplasm Property Manager, who will coordinate with the parties to develop an agreement suitable for any unique requirements of the plant material to be tested.


Enclosure: Model Memorandum of Agreement for the Evaluation of Plant Material.


<Use unit letterhead>

Florida Agricultural Experiment Station
Memorandum of Agreement for the Evaluation of Plant Material

The purpose of this agreement is to provide for cooperative testing and evaluation of commercial potential for new germplasm(s), advanced breeding line(s) or cultivar(s) of _______________________________________________(crop) developed by the Florida Agricultural Experiment Station, (hereinafter referred to as AFAES@) at the University of Florida as represented by its agent the Florida Foundation Seed Producers, Inc.

FAES desires to have _________________________________________, (hereinafter referred to as ACOOPERATOR@), assist in the crop improvement program by evaluating the following plant materials: (Plant material i.d.)
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________

The Cooperator certifies that it is interested in evaluating improved plant material and has appropriate laboratory, greenhouse, field, or other research facilities, under its direct control, at (list all locations, state and county at which material will be grown): 
________________________________________________________________________.

To this end the parties agree that:

  1. The plant material(s) supplied under this agreement will be solely for evaluation purposes. No seed and/or vegetative material supplied or produced under this agreement will be used for any purpose other than that stated in this agreement without the express written permission of FAES.

  2. The FAES retains all rights, titles and ownership of the plant material(s). Evaluation of an FAES germplasm, cultivar or experimental line does not convey any future rights or entitlement to the Cooperator in the event the material is considered for release. Decision relative to further propagation and release of the material covered by this agreement is the sole discretion of FAES.

  3. The Cooperator will evaluate this material using appropriate cultural practices and field techniques to compare performance characteristics as mutually agreed upon by FAES and the Cooperator. Evaluation data obtained from such tests may be subject to analysis and publication by FAES. The Cooperator agrees to supply FAES, within 60 days after completion of the tests, all records regarding methods used and results obtained from the evaluation. Publication of these data, records, and reports will be only at the approval of FAES.

  4. All expenses incurred by the Cooperator in connection with this Agreement shall be the sole and separate responsibility of the Cooperator. The Cooperator assumes all risk in the use of the plant material(s) provided.

  5. This agreement shall become effective upon approval by the parties involved and shall be terminated in __ year(s) unless mutually agreed upon by both parties in writing.

  6. The Cooperator agrees to protect the FAES plant material(s) covered by this agreement from secondary distribution and/or unauthorized propagation, distribution, use, or sale. The cooperator agrees not to use the materials supplied (by way of example only and not limitation):

    • for selection from the material stock

    • for use as parents in commercial hybrids or seed mixtures


  7. The Cooperator agrees not to publish any descriptions of or any references to plant material(s) covered by this agreement without first receiving approval from FAES.

  8. Seed and/or vegetative material provided or produced under this agreement cannot be used for propagation purposes and must be disposed of upon termination of this agreement by complete destruction of all seed and/or vegetative material using a means approved by FAES, or returned to the FAES if requested. Materials provided to the Cooperator are not assignable to (by way of example only and not limitation) another individual, partner, group or company through lease, merger or sale.

  9. This Agreement shall be governed by and interpreted in accordance with all applicable international law, federal law, and the laws and statutes of the State of Florida.

  10. This Agreement can be terminated by either party upon thirty (30) days written notice with all MATERIALS or any derivatives, clones or progeny either returned or destroyed as agreed by both parties.

  11. This agreement is based on good faith and mutual understanding between the Cooperator and FAES; details not covered in this document should be resolved in a manner agreeable to both parties or the Agreement terminated.

Approvals for the Cooperator:  Approvals for the FAES:

___________________________________ 
Name

_______________________________
FAES Scientist

___________________________________ 
Company or Cooperator 

_______________________________
Date

___________________________________ 
Address

_______________________________


_________________________________ 
City 

______________________________
Unit Leader

__________________________________ 
Date 

_______________________________
Date
 
________________________________
Director FAES
 
________________________________
Date
cc:  Cooperator
FAES Scientist or Unit Leader
FAES Germplasm Property Manager
Florida Foundation Seed Producers, Inc.



Form is also available in WordPerfect (21KB) format.