California Code of Regulations › Title 15 - Crime Prevention and Corrections › Division 1 - Board of State and Community Corrections › Chapter 1 - Board of State and Community Corrections › Subchapter 7 - Local Youthful Offender Rehabilitative Facility Construction Financing Program › Article 4 - Administration of Reimbursements and Project Monitoring › Section 1856 - Disbursement of State Reimbursements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 No state moneys shall be encumbered in contracts let by a participating county
					 until either (i) construction document plans and specifications have been
					 approved by the BSCC pursuant to Section
					 1849 and subsequent construction
					 bids have been received, or (ii) performance criteria or performance criteria
					 and concept drawings have been approved by the BSCC pursuant to Section
					 1849.1(a) and the
					 design-build contract has been awarded.
(b) Upon approval of the participating
					 county's proposal by the BSCC and execution of the BSCC agreement, a state
					 reimbursement schedule will be established by the BSCC.
(c) Requests for state reimbursements shall
					 include such supporting documentation as may be required by the BSCC and/or
					 CDCR and, in the event of deficiencies in the request, the participating county
					 shall be notified by the BSCC of the deficiencies as soon as
					 practicable.
(d) State
					 reimbursements shall be made in arrears on a schedule mutually agreed to by the
					 BSCC and the participating county and established in the BSCC
					 agreement.
(e) No state
					 reimbursements will be made until the participating county has complied with
					 all applicable state requirements.
(f) Participating counties including any
					 design costs as state reimbursed costs, for one or more phases of design, may
					 not proceed with that phase of design process until after the project scope,
					 cost, and schedule are established by the Board.
(g) If a design-bid-build project budget
					 includes any state reimbursements for working drawings/construction documents
					 phase costs, the Board must approve preliminary plans/design development
					 drawings before the participating county can commence work on the working
					 drawings and/or construction documents phase. If a participating county
					 commences any working drawings and/or construction documents phase activities
					 before obtaining approval of preliminary plans and/or design development
					 drawings from the Board, the entire state portion of the project financing
					 shall be forfeited and the state will not reimburse any participating county
					 project costs.
(h) If a
					 design-build project budget includes any state reimbursements for design-build
					 phase costs, the Board must approve performance criteria or performance
					 criteria and concept drawings before the participating county can commence work
					 on the design-build phase. For any project that includes any state
					 reimbursement of the design-build phase costs, if the participating county
					 commences any design-build phase activities before obtaining approval of
					 performance criteria or performance criteria and concept drawings from the
					 Board, the entire state portion of the project financing shall be forfeited and
					 the state will not reimburse any participating county project costs.
(i) At such time as the balance of
					 anticipated total state reimbursements reaches five percent (5%), for Local
					 Youthful Offender Rehabilitative Facilities projects, the BSCC shall withhold
					 that amount as security. When a participating county is unlikely or ineligible
					 to draw 100 percent (100%) of the conditional award amount, the state shall
					 withhold the final 5% of eligible state reimbursements. The withheld amount
					 will be released to the participating county upon compliance with all of the
					 applicable terms in the BSCC agreement, project delivery and construction
					 agreement, other agreements applicable to the financing, and applicable
					 conditions and requirements of law and regulation. These requirements of law
					 and regulations include:
(1) Final completion
					 of the project;
(2) Payment of
					 State Fire Marshal fees in full;
(3) Receipt and approval of the final audit
					 and the final project summary report;
(4) The final construction inspection and
					 approval by appropriate officials; and
(5) Staffing and operating the facility
					 within ninety (90) days of construction completion.