Oklahoma Administrative Code › Title 330 - Oklahoma Housing Finance Agency › Chapter 45 - Housing Opportunities for Persons with Aids Program › Subchapter 9 - Limitations › Section 330:45-9-1 - Contract

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				responsibilities for compliance with these Chapter 45 Rules, the terms of the
				RFP, Application, and the State and Federal HOPWA Program, will be incorporated
				into certifications provided by OHFA, in addition to those certifications
				required in the Application. Such certifications will be contractually binding
				on the Recipient. No Grant funds will be allocated to any Recipient approved by
				the Trustees and Central Purchasing until the appropriate certifications are
				filed with OHFA.
(b) Failure of an
				approved Recipient to accept the following obligations may result in
				cancellation of the award:
(1) Recipient
				shall submit monthly invoices and program reports to OHFA by the 10th working
				day of each month for the preceding month's activities. Such reports shall be
				in a format specified by OHFA.
(2)
				Recipient shall provide to OHFA executed copies of any and all contracts or
				agreements with entities providing services, to be submitted to OHFA within 30
				days of execution of such contracts.
(3) Recipient shall provide OHFA with the
				name of the supervisor(s) of personnel funded by the Grant monies. All
				correspondence and information will be relayed to the Recipient by OHFA through
				the supervisor.
(4) Recipient shall
				provide to OHFA resumes of all personnel supported by HOPWA funds for purposes
				of performance the Grant.
(5)
				Recipient shall maintain time and effort reports on all personnel funded by the
				Grant. This time and effort report will include all hours worked by employees
				with hours delineated to each program area. The time and effort reports must be
				signed by the employees and his/her supervisor to certify their
				accuracy.
(6) Recipient shall work
				cooperatively and collaboratively with the OHFA. This includes, but is not
				limited to, support of HOPWA, working with the assigned OHFA liaison on
				mutually beneficial projects and communication in a routine, regular pattern on
				progress toward objectives.
(7)
				Recipient shall notify OHFA if an employee supported by HOPWA funds will be on
				leave for more than 10 consecutive working days. Notification should occur as
				soon as the Recipient becomes aware.
(8) Recipient shall provide the services
				outlined in these Chapter 45 Rules and the RFP at no charge to the
				Beneficiary(ies).
(9) Recipient
				shall provide personnel for positions necessary to provide HIV Comprehensive
				Case Management who will have at least a bachelor's degree in an appropriately
				related field and at least two (2) years of full-time experience in HIV direct
				care and/or housing services.
(10)
				Recipient shall provide HIV Comprehensive Case Management which shall be
				primarily mobile (out of the office) HIV Comprehensive Case
				Management.
(11) Recipient shall
				provide personnel for positions necessary to provide mental health services.
				These mental health service personnel shall have at least a masters degree in
				an appropriately related field and shall be licensed by the State of
				Oklahoma.
(12) Recipient agrees
				that reimbursements for all fringe benefits, excluding leave, shall not exceed
				the rate of 29 percent of the employee(s) gross salary. Annual leave time shall
				not exceed a maximum of 12 hours per month and sick leave shall not exceed a
				maximum of 10 hours per month in accordance with applicable Office of Personnel
				Management Regulations. Recipient shall maintain a well defined explanation of
				the fringe benefits and leave policy on file for examination. The explanation
				shall include eligibility of vesting benefits, hours of leave earned per month,
				health insurance policies, etc.
(13) Recipient shall limit all reimbursements
				for travel expenditures as will be in accordance with the State Travel
				Reimbursement Act (74 O.S. 500.1, et.seq.).
(14) Recipient shall provide case management
				and/or mental health services personnel who shall successfully complete the
				following training offered or approved by OSDH within 90 days from the date of
				employment:
(A) HIV Infection Seminar (a 1 day
				course)
(B) Educator Skills Course
				(2 day course)
(C) Counseling and
				Testing Skills Course (2 day course)
(15) Recipient shall not discriminate in the
				provision of services on the basis of race, color, age, sex, national origin,
				religion, or handicapping condition and shall cooperate with any investigation
				of allegations of such discrimination.
(16) Recipient and all of its employees and
				other parties assisting Recipient shall maintain the confidentiality of any
				confidential information received and collected through the delivery of
				services under these Chapter 45 Rules, as required by the laws of the State of
				Oklahoma, the Codes of Professional Conduct, and specifically pursuant to Title
				63 O.S. 1981, Section
				1-502.2.
(17) Recipient shall be responsible for the
				acts and omissions of its agents, servants, employees, and subcontractors in
				the violation of any confidential or privileged communications.
(18) Recipient agrees to hold harmless OHFA
				of any claims, demands and liabilities resulting from any act or omission on
				the part of the Contractor and/or its agents, subcontractors, servants, and
				employees in the performance of these Chapter 45 Rules.
(19) Recipient shall post in a conspicuous
				place, available to employees and applicants for employment, notices setting
				forth the provisions of this discrimination clause and requirements of law.
				Failure to comply herewith shall constitute grounds for immediate
				deobligation.
(20) Recipient
				certifies that its employees are now, and at all times in the future shall be,
				covered under workman's compensation insurance coverage as required under
				Oklahoma law.
(21) Recipient shall
				not purchase any equipment without the written approval of OHFA. Recipient
				shall not be reimbursed for any such equipment for which written approval by
				OHFA is not obtained. Upon receipt of invoice any equipment purchases not
				approved by OHFA will be deducted from future funding.
(22) Recipient agrees that all property
				purchased or acquired with funds provided under the Grant, or for which
				reimbursement is made under the Grant, shall be the property of OHFA. An
				accurate inventory of such property shall be maintained, which property and
				inventory shall be subject to review or audit by OHFA at its discretion. Any
				property acquired with the funds provided or reimbursed under the Grant shall
				not (except for manufacturer's or supplier's warranty replacement or repair) be
				sold, traded, transferred of otherwise disposed of for any reason without the
				express written consent of OHFA. Any property acquired must be delivered to
				OHFA for the purposes of maintaining its inventory as required by Title 74 O.S
				1991, Section
				110.2.
(23) Recipient agrees that all supplies and
				materials purchased under the Grant and not used for the purposes of fulfilling
				the Grant shall become the property of OHFA and shall be delivered to OHFA
				within 30 calendar days following the termination of any agreement under the
				Grant.
(24) Recipient, its
				subcontractors and other contractual privies, shall be subject to the audit of
				its or their books, records, documents, accounting procedures, practices,
				financial records, corporate minutes, and actions on the part of Recipient at
				any time by the State Auditor and Inspector, OHFA or any other authorized
				investigatory agency of the State.
(25) Recipient agrees that all funds expended
				under the Grant shall be governed by the rules and regulations promulgated by
				the Federal Agency of the Office of Management and Budget, the Oklahoma State
				Statutes, and the terms of the RFP and these Chapter 45 Rules. Any variance
				between regulations and/or directives outlined in 330:45-9-1 will be
				interpreted and enforced with the most restrictive definition.
(26) Recipient shall provide OHFA with an
				annual independent audit of all Grant funds after the end of the Recipient's
				project period. Such audit shall conform to Government Auditing Standards (1933
				revision) issued by the Comptroller of the United States and the Office of
				Management and Budget Circular A-133.