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