§ 7044. Grant Agreements.

The terms and conditions of a Grant shall be set forth in a Grant Agreement, which shall include, but not be limited to, all of the following terms and conditions:

(a) A Grant amount not greater than $30 million (less Administrative Costs and Costs of Issuance) for University of California Children's Hospitals or $74 million (less Costs of Issuance) for all Non-University of California Children's Hospitals.

(b) A Project Period.

(c) Disbursement procedures pursuant to Section 7045 or Section 7046, as applicable.

(d) A provision that any unused Grant funds and any unused investment earnings on such Grant funds shall revert to the Authority.

(e) Agreement to comply with the Children's Hospital Program of 2004 and these regulations.

(f) Agreement that the Grantee will defend, indemnify and hold harmless the Authority and the state, and all officers, trustees, agents and employees of the same, from and against any and all claims, losses, costs, damages, or liabilities of any kind or nature, whether direct or indirect, arising from or relating to the Grant, the Project or the Act.

(g) Agreement to comply with state and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment-related leave.

(h) Agreement that continued compliance with Children's Hospital Program of 2004 requirements is the Grantee's responsibility.

(i) Agreement that the Grant shall only be used for Projects as described in Grantee's Application Form and approved by the Authority.

(j) Any audit provisions.

(k) Any provision necessary to ensure that interest on the bonds is tax-exempt.

(l) Agreement that the Grantee will not dispose of any component of the Project before the end of the useful life of that component of the Project.

(m) Any provisions relating to lease agreements pursuant to Section 7047.

(n) Any other provisions required by the Authority.

HISTORY

1. New section filed 2-11-2005 as an emergency; operative 2-11-2005 (Register 2005, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-13-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 5-26-2005 as an emergency; operative 5-26-2005 (Register 2005, No. 21). A Certificate of Compliance must be transmitted to OAL by 9-23-2005 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 5-26-2005 order, including amendment of section, transmitted to OAL 9-14-2005 and filed 10-27-2005 (Register 2005, No. 43).

4. Amendment of subsections (e) and (h) filed 10-7-2009; operative 10-7-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 41).

Note

Note: Authority cited: Sections 1179.22, 1179.24 and 1179.32, Health and Safety Code. References: Sections 1179.22, 1179.24 and 1179.25, Health and Safety Code.