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
Universal Citation: OK Admin Code 150:85-1-9
Current through Vol. 42, No. 1, September 16, 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.
(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 Application
Added at 19 Ok Reg 2637, eff 7-11-02; Amended at 21 Ok Reg 995, eff 5-13-04
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