NR 193.12(1)(1) General procedures. A grant award for costs of a project as estimated in the grant application and approved by the department may not exceed the maximum amount of the DNR cost-share percentage identified under s. NR 193.05. Applicants may include in-kind contributions in their grant application budget. The department may use that budget to calculate the grant award. The department may not issue a grant award that exceeds a grantee’s cash costs necessary to complete the project. The department may award a grant under this chapter while the grantee is in the process of acquiring the required permits for the project. NR 193.12 NoteExample: An applicant submits a planning grant application, selecting the standard cost-share percentage of 67%. The application budget indicates cash costs of $20,000 and in-kind contributions of $20,000 for a total project cost of $40,000. The DNR cost-share rate of 67% would yield a potential grant award of $26,800 based on the cash costs and in-kind contributions. However, $26,800 is higher than actual cash costs identified in the budget of $20,000. As a result, the maximum grant award the department may provide is $20,000.
NR 193.12(2)(2) Awards and agreements. All grant awards will result in the issuance of a grant agreement that is subject to s. NR 193.13. The grant agreement is a contract between the department and the grantee, and the grantee’s receipt of the grant award is conditional upon its execution of the grant agreement. The grant agreement will contain the terms and conditions of the grant award, including a project scope describing what the project will accomplish. A project scope may include a summary of the specific goals and objectives, deliverables, products, tasks and timeline for a project funded under this chapter. A project scope may incorporate information submitted by the applicant in the grant application. A grant application for a project becomes part of the grant agreement by reference. The department and the grantee shall mutually agree to implement the grant agreement in accordance with the project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached. The project proposal, application, terms, promises, conditions, plans, specifications, estimates, procedures, maps, and any assurances attached shall be a part of the agreement. NR 193.12(3)(3) Amendments. A grantee may request, in writing and during the life of the grant agreement, an amendment to the grant agreement for expenditures that deviate from those which appear in the original grant agreement, for changes to the project scope, or for an extension of the grant period. The grantee shall provide to the department written justification for the amendment request. The department may consider the justification and the availability of grant funds. Amendments to the cost or project scope of the original agreement must be signed by the department and the grantee prior to the end date of the agreement. The department may require requests for cost amendment to be submitted during a subsequent application process to be ranked with new applications. Time extensions to the original agreement may be granted by the department in writing without the grantee’s signature. Time extensions are not available for department-approved watercraft inspection programs. The department shall provide notification of the decision to approve or deny the amendment to the grantee in writing. NR 193.12 NoteNote: To increase the likelihood of a successful amendment request, it is recommended that the grantee submit the request at least 2 weeks prior to the end date of the grant agreement.
NR 193.12 HistoryHistory: CR 19-078: cr. Register May 2020 No. 773, eff. 6-1-20; correction in (1) to (3) made under s. 35.17, Stats., Register May 2020 No. 773. NR 193.13NR 193.13 Conditions for grant agreements. NR 193.13(1)(1) General. The department may include conditions in a grant agreement related to any of the following: NR 193.13(1)(a)(a) Mandatory compliance with all applicable provisions of the Wisconsin statutes and the Wisconsin administrative code and all applicable federal, state, and local contract and bidding requirements in fulfilling terms of the grant agreement. NR 193.13 NoteNote: The grantee should consult its legal counsel with questions concerning contracts and bidding.
NR 193.13 NoteNote: The department has developed the Procurement Guide for Local Governments Receiving DNR Grants, available on the department website.
NR 193.13(1)(b)(b) Requirements for the grantee to obtain and comply with permits. NR 193.13(1)(c)(c) The range of elements that constitute the grant agreement. NR 193.13(1)(d)(d) That the grantee is bound to implement the grant agreement in its entirety. NR 193.13(1)(e)(e) Circumstances under which a grant agreement may be amended. NR 193.13(1)(f)(f) The expectation that the grantee use generally accepted accounting principles and practices. NR 193.13(1)(g)(g) A grantee’s status as an independent contractor and ability to exert sole control over its employees and contractors. NR 193.13(1)(h)(h) The expectation that the grantee develop and enforce a written code of conduct for its employees or agents. NR 193.13(1)(j)(j) The methods, protocols, procedures, laboratory or analyses employed by a grantee to implement a grant agreement. NR 193.13(1)(m)(m) The expectation that a grantee will hire a contractor or agent using a professional service agreement. NR 193.13(1)(p)(p) The expectation that a grantee will record the grant agreement on the property title. NR 193.13(1)(q)(q) Restrictions of final payments and the timing of request. NR 193.13(1)(r)(r) The percentage of the grant award retained by the department for final payment. NR 193.13(1)(s)(s) The expectation that a grantee will make a project site available for inspection by the department.