California Code of Regulations › Title 4 - Business Regulations › Division 10 - California Health Facilities Financing Authority › Chapter 2 - The Children's Hospital Program of 2004 › Section 7044 - Grant Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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.
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).
5. Change without regulatory effect
				  amending subsection (a) filed 8-13-2014 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2014, No. 33).
Note: Authority cited: Sections
					 1179.22,
					 1179.24
					 and
					 1179.32,
					 Health and Safety Code. Reference: Sections
					 1179.22,
					 1179.24
					 and
					 1179.25,
					 Health and Safety Code.