Oklahoma Administrative Code › Title 150 - Oklahoma Department of Commerce › Chapter 85 - Emergency Shelter Grant Program › Section 150:85-1-9 - Unit of General Local Government or Community Action Agency Responsibilities

Current through Vol. 41, No. 20, July 1, 2024
(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.