SECTION 330:45-9-1. Contract

(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.

[Source: Added at 12 Ok Reg 755, eff 1-5-95 (emergency); Added at 12 Ok Reg 2793, eff 7-15-95]