NR 153.25(7)(b)2. 2. The certified appraisal value as determined by the department and reasonable costs related to the purchase of the property limited to the cost of appraisals, land surveys, relocation payments, title evidence, recording fees, historical and cultural assessments required by the department, and environmental inspections and assessments. Reasonable costs do not include attorneys fees, environmental clean up costs, brokerage fees paid by the buyer, real estate transfer taxes, or any other cost not identified in this subdivision.

NR 153.25(7)(c) (c) The department may not reimburse acquisition costs related to purchase of the property until the property acquisition has been completed.

NR 153.25(8) (8) Criteria. The department shall consider the following criteria when determining whether to provide funding for the proposed acquisition:

NR 153.25(8)(a) (a) The degree to which the acquisition of the property would provide for the protection or improvement of water quality.

NR 153.25(8)(b) (b) The degree to which the acquisition of the property would provide for protection or improvement of other aspects of the natural ecosystem such as fish, wildlife, wetlands, or natural beauty.

NR 153.25(8)(c) (c) The degree to which the acquisition of the property would complement other watershed management efforts.

NR 153.25 History History: 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 (6) (b) 3., (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672; correction in (6) (b) 3. made under s. 13.92 (4) (b) 7., Stats., Register January 2017 No. 733.

NR 153.26 NR 153.26 Local assistance grant agreement.

NR 153.26(1) (1) The local assistance grant agreement is an agreement between the department and a state agency or governmental unit providing funds for activities to carry out the tasks identified in a project selected for funding under this chapter. A local assistance grant awarded under this section may be used for local project administration and management activities determined by the department to satisfy the requirements of s. 281.65 (4) (f), Stats.

NR 153.26(2) (2) If the local assistance grant provides funding to accelerate implementation of best management practices within a priority watershed project, the department shall require that the funds be administered consistent with requirements of the approved priority watershed plan.

NR 153.26(3) (3) 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 153.26(4) (4) 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 153.26(5) (5) The department may only award a local assistance grant for the purpose of implementing a runoff management agreement under s. NR 153.21.

NR 153.26(6) (6) The grantee shall apply for local assistance grant funds using the application process under s. NR 153.17.

NR 153.26(7) (7) If a governmental unit 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 153.26(8) (8) 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 153.26 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (1), (5), (7) Register December 2010 No. 660, eff. 1-1-11; removal of (8) (title) made under s. 13.92 (4) (b) 2., Stats., Register December 2010 No. 660.

NR 153.27 NR 153.27 Procurement.

NR 153.27(1) (1) Profits. Contractors for contracts under grants described in this chapter may earn only fair and reasonable profits. Profits included in a formally advertised, competitively bid, fixed price construction contract are presumed to be reasonable.

NR 153.27(2) (2) Responsibility. The governmental unit 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 153.27(3) (3) General requirements for contracts. Contracts shall be all of the following:

NR 153.27(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 153.27(3)(b) (b) In the form of a bilaterally executed written agreement for any professional services or construction activities.

NR 153.27(3)(c) (c) For monetary or in-kind consideration.

NR 153.27(4) (4) Force account work.

NR 153.27(4)(a) (a) A governmental unit 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 153.27(4)(b) (b) The department shall approve the use of force account work if the governmental unit demonstrates to the department’s satisfaction that the governmental unit 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 153.27(4)(c) (c) The force account reimbursement for design and construction services shall be based on the actual cost of services provided and may not exceed 5 percent of the total project reimbursement when bond-sourced funds are used.

NR 153.27 History History: CR 00-025: cr. Register September 2002 No. 561, eff. 10-1-02; CR 09-112: am. (3) (b), (4) (a), cr. (4) (c), r. (5) Register December 2010 No. 660, eff. 1-1-11.