Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 802.3 - CHILD CARE GRANT PROGRAM
Section 17-802.3-4 - Conditions for grant awards
Universal Citation: HI Admin Rules 17-802.3-4
Current through November, 2024
(a) A recipient shall agree to the following conditions:
(1)
Comply with the applicable federal and state laws prohibiting discrimination
against any person on the basis of race, color, national origin, religion,
creed, sex, age, sexual orientation, or disability:
(2) Not use public funds for the purposes of
entertainment, perquisites, campaign contributions, or lobbying
activities;
(3) Indemnify and hold
the state harmless from and against any claims relating to activities carried
out by the recipient under the contract, and assume the sole liability to the
recipient's employees and agents, and to any individual not party to the
contract, in accordance with section 17-802.3-7, for any loss, damage, or
injury caused by the recipient, or the recipient's employees or agents in the
course of their employment for purposes of performance under the
contract;
(4) Ensure payment of all
applicable federal, state, and county taxes and fees which may become due and
owed by the recipient by reason of the contract in accordance with section
17-802.3-7;
(5) Comply with section
103-55,
HRS, Wages, hours, and working conditions of employees or contractors
performing services;
(6) When
requested or required, complete an independent financial and compliance audit
in accordance with the Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards of the Office of Management and
Budget;
(7) Maintain insurance
acceptable to the state in full force and effect throughout the term of the
grant contract in accordance with section
346-157,
HRS;
(8) Allow the department, its
designee, the legislative bodies and their staff, the legislative auditor, the
U.S. Department of Health and Human Services, the office of inspector general,
or the department's auditing entity full access to the recipient's records,
reports, files, and other related documents and information for purposes of
monitoring compliance, measuring effectiveness, and ensuring the proper
expenditure of funds under the contract in accordance with section 17-802.3-7.
After the review of the expenditures, if any expenditures are determined to be
inappropriate or unallowable, the department may require that monies be
refunded by the recipient;
(9) Be
current with all state and federal tax obligations as indicated by a tax
clearance from the Hawaii department of taxation and the Internal Revenue
Service;
(10) Be registered and in
good standing with the department of commerce and consumer affairs business
registration division as required for the type of business for which they hold
themselves out to the public;
(11)
Maintain operations of the child care facility, including the care of children,
for which grant funds are being requested for a minimum period of six months
from the receipt of payment of grant funds, unless the child care facility is
ordered to close by the department, the department of health, or by any
emergency proclamation or order issued by the governor of the State of Hawaii
or the mayor of the county in which the child care facility is located;
and
(12) Satisfy any other
conditions required by the source of funding.
(b) Failure to continue to comply with any of the conditions in this section throughout the term of the grant period shall be regarded as material default under the agreement, entitling the State to exercise any or all of the remedies provided in the contract for a default of the recipient.
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