Section 17-802.3-4 - Conditions for grant awards(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.Haw. Code R. § 17-802.3-4
[Eff 3/4/2022] (Auth: HRS § 91-3, § 91-4, 2020 Haw. Sess. Laws 9, Part XII, §§ 27-28; HRS § 346-14) (Imp: 2020 Haw. Sess. Laws 9, Part XII, §§ 27-28; HRS § 346-14)