Okla. Admin. Code § 150:85-1-9
Current through Vol. 42, No. 4, November 1, 2024
Section 150:85-1-9 - Unit of General Local Government or Community Action Agency Responsibilities(a) The Unit of General Local Government or Community Action Agency of an Emergency Shelter Grant shall be responsible for the following: (1) The Unit of General Local Government or Community Action Agency shall be responsible for taking all action necessary to enforce the terms of the grant agreement against any private or public participant that fails to comply with applicable provisions of the grant agreement or any contract or documents resulting from it, and to recover on behalf of the State any liabilities that may arise as the result of the breach of the grant agreement by any participant. Nothing in this subsection shall restrict the State's rights to enforce independently the terms of any grant agreement or any contracts or documents resulting from it or to recover any sums that may become due as the result of a breach of such contract.(2) The Unit of General Local Government or Community Action Agency shall comply with Treasury Circular 1075 and the Oklahoma Department of Commerce requirements regarding cash management of federal funds as set out in the Department's Emergency Shelter Grant Contractors Policy and a Procedure Manual.(3) The Unit of General Local Government or Community Action Agency shall comply with 24 CPR Part 85, Uniform Administrative Requirements for Grants and cooperative Agreements to State and Local Governments, OMB Circular A-87, Cost Principles for State and Local Governments, and OMB A-122 Cost Principles for Non-Profit Organizations, OMB A-I02 Grants and Cooperative Agreements with State and Local Governments except as directed otherwise by the Oklahoma Department of Commerce, as they relate to the application, acceptance and use of federal funds, and with the Oklahoma Department of Commerce requirements pursuant thereto.(4) The Unit of General Local Government or Community Action Agency shall maintain records and accounts, including, but not limited to, property, personnel and financial records, that properly document and account for all project funds. The Department may require specific types and forms of records. All such records and accounts shall be made available upon demand by the Department for purposes of inspection and use in carrying out its responsibilities for administration of the funds.(5) The Unit of General Local Government or Community Action Agency shall furnish the Department with narrative and financial reports related to the elements of a contract in the forms and at such times as may be required by the Department.(6) The Unit of General Local Government or Community Action Agency shall retain all books, documents, papers, records, and other materials involving all activities and transactions related to its contract for at least three (3) years from the date of submission of the final expenditure report or until any audit findings have been resolved, whichever is later. The Grantee shall, as often as deemed necessary by the Department, permit authorized representatives of the Department, the U.S. Department of Housing and Urban Development and the Comptroller General to have full access to and the right to fully examine all such materials.(7) The Unit of General Local Government or Community Action Agency shall promptly return to the Department any funds received under its contract that are not obligated as of the final date of the period funded. Funds shall be considered obligated only if goods and services have been received as of the final date of the period funded.(8) The Unit of General Local Government or Community Action Agency shall comply with the Department's audit policy including the single Audit Act of 1984 ( P.L. 98-502, 31 U.S.C., 7501 et seq.), as applicable to governmental grantees.(9) The Unit of General Local Government or Community Action Agency shall provide the Department timely copies of reports on any audits that include funds received from the Department.(A) Audits shall be performed by a certified public accountant or firm or by a public accountant or public accounting firm licensed no later than December 31, 1970(B) The audit shall be performed in accordance with Government Auditing Standards; Compliance Supplement for Single Audits or State and Local Governments; generally accepted auditing standards established by the American Institute of Certified Public Accounts; and the Department's requirements.(10) Unit of General Local Government or Community Action Agency shall comply with Title VI of the Civil Rights Act of 1964 ( P.L. 88-352, 42 U.S.C., 2000 d et seq.), prohibiting discrimination on the basis of race, color or national origin under any program receiving federal funds.(11) Unit of General Local Government or Community Action Agency shall comply with Title VIll of the Civil Rights Act of 1968 ( P.L. 90-284, 42 U.S.C., 3601 et seq.) regarding fair housing.(12) The Unit of General Local Government or Community Action Agency shall comply with Executive Order 11063 (1962) as amended by Executive Order 12259 regarding equal opportunity in housing.(13) The Unit of General Local Government or Community Action Agency shall comply with Section 109 of the Housing and Community Development Act of 1974, prohibiting discrimination on the basis of race, color, national origin or sex in connection with funds made available pursuant to the Act.(14) The Unit of General Local Government or Community Action Agency shall comply with Section 109 of the Housing and Community Development Act of 1974 prohibiting discrimination on the basis of age and handicap as provided in the Age Discrimination Act of 1975 ( 42 U.S.C., 6101 et seq.); and, Section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C., 794) .(15) The Unit of General Local Government or Community Action Agency shall comply with Section 3 of the Housing and Urban Development Act of 1968 ( 12 U.S.C., 1701 u) regarding opportunities for training and employment for low-income persons in project areas and awarding of contracts for program work to businesses in or owned in substantial part by residents of project areas.(16) The Unit of General Local Government or Community Action Agency shall comply with Executive Order 11246 (1965) prohibiting discrimination on the basis of race, color, religion, sex or national origin and requiring affirmative action in connection with federally assisted construction contracts.(17) The Unit of General Local Government or Community Action Agency shall comply with the Copeland Act ( 18 U.S.C., 40 U.S.C., 176 c) regarding prohibitions against kickbacks.(18) The Unit of General Local Government or Community Action Agency shall comply with the Contract Work House and Safety Standards Act ( 40 U.S.C., 327 et seq.) regarding overtime compensation.(19) The Unit of General Local Government or Community Action Agency shall comply with the National Environmental Policy Act of 1969 ( P.L. 91-190 , 42 U.S.C., 4231 et seq.) and accepts jurisdiction of the state and federal courts for the purpose of enforcement responsibilities as such an official.(20) The Unit of General Local Government or Community Action Agency shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( P.L. 91-646).(21) The Unit of General Local Government or Community Action Agency shall comply with Title IV of the Lead-Based Paint Poisoning Prevention Act ( 42 U.S.C., 4831 et seq.) regarding the prohibition against the use of lead-based paint in residences receiving federal assistance.(b) Additional Unit of General Local Government or Community Action Agency requirements may be set forth in the annual Emergency Shelter Grant Program Guidance and ApplicationOkla. Admin. Code § 150:85-1-9
Added at 19 Ok Reg 2637, eff 7-11-02; Amended at 21 Ok Reg 995, eff 5-13-04