Cal. Code Regs. Tit. 25, § 7970 - Grantee Contract Requirements

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

(a) Following a grant award by the Director, the Department shall contract directly with the grantee. The contract shall be known as the "standard agreement" and shall include the items specified in this section.

(b) The following information shall appear in each standard agreement:

(1) A clear and accurate identification of the grantee and the Department;

(2) The timeframe for the performance of the approved project activities;

(3) The amount of the grant, clearly expressed as the maximum amount, and the basis upon which payment is to be made; and

(4) A clear and complete statement of the activities and services the grantee will perform and provide.

(c) Timeframes for the performance of approved project activities shall be as follows:

(1) Approved project activities for operating facility grants shall commence within two months of the effective date of the standard agreement and shall be completed within fourteen months of the effective date of the standard agreement. No extension of this contract term shall be granted.

(2) Approved project activities for a capital development grant shall commence within 12 months of the effective date of the standard agreement. The department may extend this period for up to an additional 12 months if the department determines that the delay in commencement of construction was beyond the control of the grantee. Requests for extension shall be submitted in writing to the department.

(A) The commencement of project activities for a capital development grant shall mean either closing escrow on the purchase of a facility or acquiring a building permit for construction, conversion or rehabilitation.

(B) The completion of project activities for a capital development grant shall mean acquiring a certificate of occupancy, where applicable.

(C) The initial term of the standard agreement shall be 24 months. If requested by the grantee, the Department may approve an extension to a standard agreement for a capital development grant if the Department finds that such an extension is essential for the successful completion of approved project activities.

(d) Each standard agreement shall provide that a grantee shall request and receive grant payments only under conditions which protect the Department's interests.

(e) The following performance requirements shall appear in each standard agreement and shall include additional provisions specific to each grantee:

(1) That the grantee shall submit to the Department and the DLB, as applicable, reports on the progress toward the completion of approved activities during the term of the standard agreement;

(2) That the grantee shall maintain accounting books and records in accordance with generally accepted accounting standards;

(3) That the capital development grantee shall provide the Department with a security interest in any real or personal property acquired or improved with program funds. The security interest shall be sufficient to secure the continued compliance by the grantee with specified terms of the standard agreement.

(f) The standard agreement may require monitoring utilizing a workplan prepared by the grantee as part of its application and incorporated by reference as part of the standard agreement.

Notes

Cal. Code Regs. Tit. 25, § 7970

Note: Authority cited: Sections 50402, 50801.5 and 50806.5, Health and Safety Code. Reference: Section 50802.5(e), Health and Safety Code.

1. Repealer and new section filed 3-18-94 as an emergency; operative 3-18-94 (Register 94, No. 11). A Certificate of Compliance must be transmitted to OAL 7-18-94 or emergency language will be repealed by operation of law on the following day.
2. Repealer and new section refiled 7-8-94 as an emergency; operative 7-8-94 (Register 94, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-7-94 or emergency language will be repealed by operation of law on the following day.
3. Repealer and new section refiled 10-31-94 as an emergency; operative 10-31-94 (Register 94, No. 44). A Certificate of Compliance must be transmitted to OAL by 2-28-95 or emergency language will be repealed by operation of law on the following day.
4. Repealer and new section refiled 2-15-95 as an emergency; operative 2-15-95 (Register 95, No. 7). A Certificate of Compliance must be transmitted to OAL by 6-15-95 or emergency language will be repealed by operation of law on the following day.
5. Repealer and new section refiled 6-15-95 as an emergency; operative 6-15-95 (Register 95, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-13-95 or emergency language will be repealed by operation of law on the following day.
6. Certificate of Compliance as to 6-15-95 order including amendment of section transmitted to OAL 6-26-95 and filed 7-12-95 (Register 95, No. 28).
7. Amendment of subsections (c)(2) and (c)(2)(C) filed 5-25-2010; operative 5-25-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 22).