NR 155.25 HistoryHistory: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: r. and recr. Register December 2010 No. 660, eff. 1-1-11; correction in (5) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (5) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register April 2016 No. 724. NR 155.26NR 155.26 Local assistance grant agreement. NR 155.26(1)(1) The local assistance grant agreement is an agreement between the department and the Board of Regents or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this section. A local assistance grant awarded under this section may be used for local project activities determined by the department to satisfy the requirements of s. 281.66, Stats. NR 155.26(2)(2) All water tests that require laboratory analyses and which are part of the project shall be analyzed by a laboratory certified in accordance with ch. NR 149. In the event there is no certification available for the analyses to be conducted, the department shall approve the selection of a laboratory. NR 155.26(3)(3) Any grant provided for funding of a project that includes acquisition of physical, biological or chemical data may be conditioned to require implementation of a quality control and quality assurance plan approved by the department. The methods and procedures to be used in the project are subject to department approval. NR 155.26(4)(4) No local assistance grant may be made for a project under this chapter before the project has been selected by the department. NR 155.26(5)(5) The grantee shall apply for local assistance grant funds using the application process under s. NR 155.17. NR 155.26(6)(6) If a governmental unit or the Board of Regents contracts with a government agency or person to provide field, administrative, planning or other services to carry out activities of the local assistance grant agreement, the contract shall be submitted to the department for review and approval prior to signing. NR 155.26(7)(7) The grant amount may be reduced by the department if the grantee has not met all conditions of the grant or grant amendment or has not expended all of the awarded funds by the end of the project period or if the grantee fails to meet a schedule included in the grant for interim work products. The grantee shall provide an estimate of unexpended funds at the request of the department. 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 HistoryHistory: 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 155.28NR 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 NoteNote: 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 NoteNote: 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 NoteNote: 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 HistoryHistory: 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 HistoryHistory: 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 155.30NR 155.30 Project evaluation and reporting.
