N.Y. Comp. Codes R. & Regs. tit. 6 § 649.11

Current through Register Vol. 46, No. 45, November 2, 2024

Section 649.11 - Disbursements

(a) The recipient shall make disbursement requests to the corporation on forms provided by, or acceptable to, the corporation, in accordance with any instructions issued by, and together with any documentation of costs required by, the corporation. Copies of the disbursement request shall be submitted simultaneously to any other party named in the PFA.

(b) The corporation may at any time review or audit disbursement requests and make adjustments for, among other things, arithmetical errors, items not built or bought, unallowable or unapproved costs, or any other reasons as set forth in the PFA, and may refuse to certify advances or payments to a recipient based thereon. The corporation may recover any such funds from the recipient that it determines after any review or audit should not have been released under the PFA or applicable law.

(c) No disbursement shall be made without the approval of the corporation based upon its review and audit of disbursement requests as provided in subdivision (b) of this section.

(d) The corporation may transfer the full amount or any part of the CWSRF assistance to a project account established for that purpose.

(e) Satisfactory documentation supporting CWSRF disbursement requests shall demonstrate that the costs claimed were those approved in the PFA, that they are allowable costs and, where appropriate, that the goods or services for which the costs were incurred have been provided. Satisfactory documentation may include but is not limited to, the following:

(1) signed copies of the payment vouchers or invoices, cancelled checks, details of current indirect cost and fringe benefit rates, copies of all sub agreements, executed construction contracts, change orders, payroll records, tabulations of allowable costs incurred to date;

(2) for construction, the latest cumulative work-in-place estimate and a summary of executed change orders for each construction contract;

(3) for professional services, a description of the nature of the service, and documentation that the service was provided according to the terms of a professional services agreement;

(4) for purchase of equipment not included in a construction contract, a detailed list of equipment purchased, price of each item, and the method and details of the procurement of each item and, where applicable, the origin of its manufacture;

(5) for project services approved in a PFA to be provided by employees of the recipient, employee time records, signed by the employee and the employee's supervisor, which account for all hours worked in the period covered, and describe in detail the work claimed as approvable; and

(6) for acquisition of land, copies of the executed contracts of sale and/or conservation easement, appraisals, title reports and, when appropriate, the closing statement and recorded deed or conservation easements.

All documentation for a project shall be incorporated and referenced in project accounts maintained by the recipient in accordance with generally accepted government accounting standards or, in the case of non-governmental recipients, with the provisions of the applicable Federal regulations and PFA.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 649.11