§ 7093. Release of Funds.

(a) No Grant funds shall be released to a Grantee until the following information has been provided to the satisfaction of Authority Staff:

(1) For construction projects, any supporting documentation that was incomplete with the Application Form shall be finalized and submitted along with a copy of the executed construction contract and the building permit.

(2) For real property acquisition Projects, a copy of the executed purchase and sale agreement/option agreement and a copy of an appraisal reflecting that the appraised value of the real property (when added to the amount of reasonable transaction and closing costs) is not less than the sum of the Grant and all other funding sources necessary to acquire the Project. The appraisal shall be no older than six months and shall be completed by a state certified appraiser.

(3) For all construction Projects, evidence of property ownership or if the property is leased to a Clinic, a copy of the lease agreement that satisfies the requirement of Section 7094. Construction contracts in excess of $25,000 require copies of three (3) bids, exceptions to this policy will be considered on a case by case basis, with adequate justification.

(4) For equipment acquisition Projects, any supporting documentation that was incomplete when the Application Form was submitted or not provided at that time shall be finalized and submitted along with a list of items to be purchased and all purchase orders. Any single equipment, furnishing, or information technology item in excess of $25,000 requires copies of three (3) bids, exceptions to this policy will be considered on a case-by-case basis, with adequate justification.

(5) Evidence that all other funds, if needed, are in place to complete Project.

(6) An executed Grant Agreement.

(7) When applicable, evidence that there are no outstanding issues related to the California Environmental Quality Act or any other applicable laws, if this information was not provided with the Application Form.

(8) Completed Grant Disbursement Forms.

(b) Grantee shall provide this information within twelve (12) months of the date of Final Allocation for the corresponding funding round or the grant will be forfeited to the Authority except in cases where the recipient demonstrates, to the satisfaction of the Authority, extraordinary circumstances that prevent the recipient from meeting this requirement.

(c) Documentation provided for the release of Grant funds shall clearly show that the Grant award does not exceed the cost of the Project.

(d) Grant funds shall be released in one (1) lump disbursement only, with exceptions to be approved on a case-by-case basis by the Authority Staff.

(e) The Authority shall retain 10 percent of the Final Allocation amount for each applicant until adequate Project completion documentation has been provided.

HISTORY

1. New section filed 11-28-2005 as an emergency; operative 11-28-2005 (Register 2005, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-28-2006 or emergency language will be repealed by operation of law on the following day.

2. Amendment of subsections (a)(3) and (b) filed 12-14-2005 as an emergency; operative 12-14-2005 (Register 2005, No. 50). A Certificate of Compliance must be transmitted to OAL by 4-13-2006 or emergency language will be repealed by operation of law on the following day.

3. Repealed by operation of Government Code section 11346.1(g) (Register 2007, No. 11).

4. New section filed 3-13-2007; operative 3-13-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 11).

Note

Note: Authority cited: Sections 15437 and 15438.6(d), Government Code. Reference: Sections 15438(t) and 15438.6, Government Code.