NR 120.19 Note   Bids are opened within 2 weeks after the bid deadline.
NR 120.19 Note   The amount of the cost-share grant is based on the lowest qualified bid.
NR 120.19 Note   The landowner selects a higher bidding contractor only if the landowner agrees to pay the difference.
NR 120.19 NoteThe landowner may not select a contractor who did not bid.
NR 120.19(1)(d)(d) Maximum cost-share limit. A governmental unit or the department establishes a maximum cost-share rate limit not to exceed the rates specified in ch. NR 154 for installation of a best management practice.
NR 120.19(1)(e)(e) Municipal work group. A governmental unit hires or assigns its employees to install a best management practice for landowners and land operators if the employees are able to perform the work at a cost lower than the private sector.
NR 120.19(1)(f)(f) Wisconsin conservation corps. A governmental unit uses the Wisconsin conservation corps to install best management practices for landowners and land operators.
NR 120.19(1)(g)(g) Other cost containment procedures. If a governmental unit determines another cost containment procedure would be at least as or more effective than the cost containment procedures described in this subsection, it shall include the alternative in the project application and the department shall include the alternative in the runoff management grant agreement.
NR 120.19(2)(2)The cost-containment procedures in this subsection shall be used to control the cost of in-kind contributions, including the substantiated value of donated materials, equipment, services and labor by landowners installing best management practices:
NR 120.19(2)(a)(a) The maximum value of donated labor may not exceed the prevailing local market wage for equivalent work.
NR 120.19(2)(b)(b) The value of donated equipment shall not exceed the equipment rates for highways established by the Wisconsin department of transportation.
NR 120.19 NoteNote: The county highway rates for equipment are formulated under s. 84.07, Stats., and can be found in chapter 5 of the State Highway Maintenance Manual published by the Wisconsin Department of Transportation, 4802 Sheboygan Avenue, Madison, WI 53705.
NR 120.19(2)(c)(c) The value of donated materials and services may not exceed market rates and shall be established by invoice.
NR 120.19 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 120.22NR 120.22Interest earned on grant advances.
NR 120.22(1)(1)Interest shall be earned and accrued on nonpoint source grant advances. To determine the amount of interest to be credited to the project, the governmental unit shall calculate the interest earned using an average account balance and interest accrued over a period of time or in another equitable manner.
NR 120.22(2)(2)Interest money earned shall be used to support eligible activities in ongoing or completed priority watershed projects including, but not limited to, periodic inspections after grant expiration, administrative costs of the project and, under exceptional circumstances, the repair of best management practices; when interest money is used to cost-share best management practices, the combination of interest money and any other cost-share funds from this program may not exceed the cost-share limits described in s. NR 120.18 (1).
NR 120.22(3)(3)All interest money earned and accrued from a priority watershed project shall be expended by 10 years from the end of the nonpoint source grant period as described in s. NR 120.12 (4).
NR 120.22(4)(4)On or before April 15 of each year, a governmental unit shall complete and file a report with the department which states the amount of interest money accrued and interest money expended during the previous calendar year. During the planning and implementation phases of watershed projects, these reports may be included with other fiscal reports required under ss. NR 120.23 and 120.25.
NR 120.22 HistoryHistory: CR 00-028: cr. Register September 2002 No. 561, eff. 10-1-02.
NR 120.23NR 120.23Reimbursement procedures.
NR 120.23(1)(1)General requirements.
NR 120.23(1)(a)(a) Refunds, rebates and credits. 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 120.23(1)(b)(b) Final payment. 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 120.23(1)(c)(c) Withholding and recovery of funds. The department may authorize the withholding or recovery of a grant payment if the department determines, in writing, that a grantee has failed to comply with project objectives, grant award conditions or reporting requirements or has not expended all funds advanced or disbursed on eligible activities. Withholding and recovery shall be limited to only that amount necessary to assure compliance.
NR 120.23(1)(d)(d) Availability of funds.
NR 120.23(1)(d)1.1. Grant payments to a governmental unit or other grantee under this section are contingent on the availability of funding.
NR 120.23(1)(d)2.2. The department shall withhold payment of 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 120.23(1)(d)3.3. The department may recover payments made to grantees as advances or disbursements when it determines that the governmental unit will not complete the eligible activities on its grant within the current grant project budgeting period.