NR 155.27(1)(1)
Profits. Only fair and reasonable profits may be earned by contractors for contracts under grants described in this chapter. Profits included in a formally advertised, competitively bid, fixed price construction contract is presumed to be reasonable.
NR 155.27(2)
(2) Responsibility. The governmental unit and Board of Regents shall administer and successfully complete activities for which grant assistance under this chapter is awarded in accordance with sound business judgment and good administrative practice under state and local laws.
NR 155.27(3)
(3) General requirements for contracts. Contracts shall be all of the following:
NR 155.27(3)(a)
(a) Necessary for and directly related to the accomplishment of activities necessary for the activity listed on the grant or grant amendment.
NR 155.27(3)(b)
(b) In the form of a bilaterally executed written agreement for any professional services or construction activities.
NR 155.27(4)(a)(a) A governmental unit or the Board of Regents shall secure prior written approval from the department for use of the force account method in lieu of contracts for any professional services or construction activities.
NR 155.27(4)(b)
(b) The department shall approve the use of force account work if the governmental unit or Board of Regents demonstrates to the department's satisfaction that the governmental unit or Board of Regents has the necessary competence required to accomplish the work and that the work can be accomplished more economically by the use of the force account method.
NR 155.27(4)(c)
(c) The force account reimbursement for design and construction services shall be based on the actual cost of services provided and departmental reimbursement for such costs may not exceed 5 percent of the total project reimbursement when bond-sourced funds are used.
NR 155.27 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (3) (b), r. and recr. (4), r. (5)
Register December 2010 No. 660, eff. 1-1-11;
2015 Wis. Act 330 s. 20: am. (2), (4) (a), (b) Register April 2016 No. 724, eff. 5-1-16.
NR 155.28
NR 155.28
Grant reimbursement procedures. NR 155.28(1)(a)(a) State cost-share funds may be used to share in the actual cost required for the installation of eligible urban best management practices identified in runoff management grant agreements described in
s. NR 155.21.
NR 155.28(1)(b)
(b) Governmental units and the Board of Regents shall comply with the following procedures when requesting reimbursement:
NR 155.28(1)(b)1.
1. Reimbursement requests shall be submitted on forms provided by the department.
NR 155.28 Note
Note: Reimbursement request forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921 – CFA/8, Madison, Wisconsin 53707.
NR 155.28(1)(b)2.
2. All reimbursement requests shall be submitted to the department within the time frame established in the grant agreement. Payments for reimbursement requests submitted after the deadlines established in the grant agreement or grant amendment shall be subject to the availability of state funds and to financial commitments made to other grantees by the department.
NR 155.28(1)(b)2.a.
a. Final reimbursement requests for runoff management grants shall be submitted to the department after the urban best management practice has been verified as properly installed and its cost has been substantiated by the documentation required by the department.
NR 155.28(1)(b)2.b.
b. The grantee may submit a reimbursement request for a partially installed urban best management practice with approval from the department. In making its reimbursement decision, the department shall consider the level of pollution control provided by the completed component and the component's structural and functional relationship to other components of the urban best management practice.
NR 155.28(1)(b)2.c.
c. The department may deny reimbursement if a cost-share agreement or amendment is not in accordance with the project application or the runoff management grant agreement.
NR 155.28 Note
Note: Cost-share calculation and practice verification forms may be obtained, at no charge, from the Bureau of Community Financial Assistance, Department of Natural Resources, Box 7921, Madison, Wisconsin 53707.
NR 155.28(1)(b)3.
3. Progress reports required by the department shall accompany each reimbursement request. A project final report shall be submitted on forms available from the department and shall accompany the final reimbursement request.
NR 155.28 Note
Note: Forms can be obtained from the department's Bureau of Watershed Management or the department's Bureau of Community Financial Assistance, 101 S. Webster St., PO Box 7921, Madison, WI 53707-7921.
NR 155.28(1)(b)4.
4. Reimbursements may not exceed the grant budget line for that practice, unless amended.
NR 155.28(1)(b)5.
5. The department in the scope of the grant agreement may further specify eligible costs, reimbursement amounts and reimbursement filing deadlines.
NR 155.28(1)(b)6.
6. Failure to submit reports on schedule may result in withholding of grant payments.
NR 155.28(1)(b)7.
7. The department shall deny reimbursements requested for installed practices that are not included in a cost-share agreement or enumerated as a grantee-installed practice on the grant agreement or otherwise authorized by this chapter. Reimbursement for local assistance expenses shall be limited to those activities identified as a grant budget line item or specifically enumerated in the grant agreement scope.
NR 155.28(2)(a)(a) State funds may be used to share in the actual costs expended by the governmental unit and Board of Regents for eligible activities identified in local assistance grant agreements.
NR 155.28(2)(b)
(b) Governmental units and state agencies shall comply with the reimbursement procedures listed under
sub. (1).
NR 155.28(3)(a)(a) Grant payments under this chapter to a governmental unit or the Board of Regents are contingent on the availability of funding.
NR 155.28(3)(b)
(b) The department may remove an authorized activity from a grant if there has been substantial nonperformance of the project work by the grantee or the grantee has not met the conditions in the grant or grant amendment.
NR 155.28(3)(c)
(c) The state share of any refunds, rebates, credits or other amounts that accrue to or are received by the grantee for the project, and that are properly allocable to costs for which the grantee has been paid under a grant, shall be paid to the department.
NR 155.28(3)(d)
(d) The department shall pay the grantee the balance of the state share of the eligible project costs after project completion, department approval of the request for payment which the grantee has designated “final payment request" and department verification of the grantee's compliance with all applicable requirements of this chapter and the grant agreement. The final payment request shall be submitted by the grantee promptly after project completion. Prior to final payment under the grant, the grantee shall execute an assignment to the department for the state share of refunds, rebates, credits or other amounts properly allocable to costs for which the grantee has been paid by the department under the grant. The grantee shall also execute a release discharging the department, its officers, agents and employees from all liabilities, obligations and claims arising out of the project work or under the grant, subject only to the exceptions specified in the release.
NR 155.28(3)(e)
(e) The department may withhold grant payments in the following cases:
NR 155.28(3)(e)1.
1. The department may withhold a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant conditions or reporting requirements.
NR 155.28(3)(e)2.
2. The department shall withhold payment of, or otherwise recover, the amount of any indebtedness to the department, unless the department determines that collection of the debt will impair accomplishment of the project objectives and that continuation of the project is in the best interest of the nonpoint source water pollution abatement program.
NR 155.28 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
CR 09-112: am. (1) (b) 3.
Register December 2010 No. 660, eff. 1-1-11;
2015 Wis. Act 330 s. 20: am. (1) (b) (intro.), (2) (a), (3) (a) Register April 2016 No. 724, eff. 5-1-16.
NR 155.29(1)(1)
Required records. A governmental unit serving as a runoff management grant grantee or as a cost-share agreement provider, and the Board of Regents serving as a runoff management grantee, shall maintain a financial management system which adequately provides for all of the following:
NR 155.29(1)(a)
(a) Accurate, current and complete disclosure of payments to landowners, land operators, contractors or municipalities including receipts, canceled checks, invoices and bills to support payments made in the program in accordance with department reporting requirements in this chapter and in the grant conditions. All records shall be in accordance with generally accepted accounting principles and practices, consistently applied, regardless of the source of funds.
NR 155.29(1)(b)
(b) Effective control over and accountability for all project funds and other assets.
NR 155.29(1)(c)
(c) Comparison of actual costs with the grant amount on each grant.
NR 155.29(1)(d)
(d) Procedures for determining the eligibility and allocability of installation expenses in accordance with the cost containment requirements of
s. NR 155.23 for all practices installed by the landowner or land operator.
NR 155.29(1)(e)
(e) Accounting records supported by source documentation including all of the following:
NR 155.29(1)(e)1.
1. One separate project account for the total grant identified in the grant agreement reflecting all receipts and expenditures of that grant.
NR 155.29(1)(e)2.
2. Accounting records showing all receipts, encumbrances, expenditures and fund balances.
NR 155.29(1)(e)3.
3. A complete file for each cost-share agreement including the following documentation:
NR 155.29(1)(e)3.a.
a. Approval of urban best management practices and cost-share amounts by the governmental unit.
NR 155.29(1)(e)3.d.
d. Request for reimbursement by a landowner or land operator documenting costs incurred directly or for in-kind contributions by the landowner or land operator.
NR 155.29(1)(e)3.e.
e. Evidence of payment for urban best management practice by a landowner or land operator including copies of checks or receipts.
NR 155.29(1)(e)3.f.
f. Verification of practice completion in accordance with the cost-share agreement including amendments and approval of cost-share amounts by the grantee.
NR 155.29(1)(e)4.
4. A duplicate copy of each reimbursement request submitted to the department.
NR 155.29(1)(f)
(f) A systematic method to assure timely and appropriate resolution of audit findings and recommendations by the department.
NR 155.29(1)(g)
(g) A final accounting of project expenditures submitted to the department within 120 days of the completion of all project work.
NR 155.29(1)(h)
(h) Records which relate to appeals, disputes or litigation on the settlement of claims arising out of the performance of the project for which funds were awarded.
NR 155.29(1)(i)
(i) Records which relate to costs or expenses of the project to which the department or any of its duly authorized representatives has taken exception.
NR 155.29(2)(a)(a) The governmental unit or board of regent's records and the records of contractors, including professional service contracts, shall be subject at all reasonable times to inspection, copying and audit by the department or its agent.
NR 155.29(2)(b)
(b) The governmental unit, the Board of Regents and contractors shall preserve and make all records available to the department or its agent for whichever of the following is appropriate for their grant situation:
NR 155.29(2)(b)3.
3. For 3 years after the date of termination of a grant agreement. If a grant is partially terminated, records shall be retained for a period of 3 years after the date of final settlement.
NR 155.29(2)(b)5.
5. Cost-share agreement records shall be kept for the duration of the operation and maintenance period of the cost-share agreement with the longest operation and maintenance period to enable the governmental unit to fulfill its responsibility under this chapter.
NR 155.29(3)(a)(a) The department may perform, or cause to be performed, interim audits on all grants.
NR 155.29(3)(b)
(b) The department may conduct a final audit after the submission of the final payment request. The department shall determine the time of the final audit. Any payments made prior to the final audit are subject to adjustment based on the audit.
NR 155.29(3)(c)
(c) All audits shall include review of fiscal accountability and consistency with grants or grant amendments.
NR 155.29(4)(a)(a) All project-related records are subject to the state's open records law.
NR 155.29(4)(b)
(b) The grantee shall keep any confidential information that is not subject to the open records law, such as social security numbers that is required for income tax purposes for the cost-share funding, safe from unauthorized access.
NR 155.29 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02;
2015 Wis. Act 330 s. 20: am. (1) (intro.), (2) (b) (intro.) Register April 2016 No. 724, eff. 5-1-16.
NR 155.30
NR 155.30
Project evaluation and reporting. NR 155.30(1)(1) Grantees shall report to the department an annual accounting for accomplishments regarding its activities funded under the grant.
NR 155.30(2)
(2) The department may require more frequent reports than those required under
sub. (1) from a grantee which document accomplishments regarding activities funded under the grant.
NR 155.30(3)
(3) The grantee shall submit a final report after project completion. At a minimum, the report shall include project evaluation and monitoring information consistent with the commitments made in the project application submitted under
s. NR 155.17. The department may require the grantee to submit other information in the final report.
NR 155.30 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 155.31
NR 155.31
Variances. The department may approve in writing a variance from a requirement of this chapter upon written request from the grantee if the department determines that a variance is essential to effect necessary grant actions or water quality objectives and where special circumstances make a variance in the best interest of the program. A grantee's written variance request shall clearly explain the circumstances justifying the variance. Before approving a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the grantee and financial hardship. The department may not grant variances from statutory requirements.
NR 155.31 History
History: CR 00-025: cr.
Register September 2002 No. 561, eff. 10-1-02.
NR 155.32
NR 155.32
Grant evaluation and enforcement. NR 155.32(1)(1)
Evaluation. The department shall evaluate the progress of projects. During the evaluation, the department shall examine the progress of the project toward project goals and water quality objectives specified in the grant application, grant or grant amendment. Upon consulting with the grantee, the department may take appropriate action to improve the progress of the project. Department action may include, but is not limited to, more frequent project evaluation, the use of interim project goals, changes to project funding, and the adoption of sanctions in
sub. (2).
NR 155.32(2)
(2) Sanctions. The department may impose the following sanctions for noncompliance with the provisions of s.
281.66, Stats., this chapter or any grant agreement entered into or amended in accordance with this chapter:
NR 155.32(2)(b)
(b) The department may declare ineligible project costs directly related to noncompliance.
