(1) GENERAL. The department may not
distribute any grant funds to the recipient until the recipient enters into a
grant contract with the department. The grant contact takes effect when signed
by an authorized department official and the grant recipient. A grant contact
may be signed by an authorized department official after the recipient signs
the contract.
(2) CONTRACT PERIOD.
The original term of a contract is two years, but may be extended for up to one
year upon request. The contract term may extend beyond the state fiscal
biennium in which funds for the contract are appropriated, provided that the
department encumbers those contract funds and the contract is signed in that
biennium.
(3) PROVISIONS. The grant
contract shall include provisions that do all of the following:
(a) Clearly identify the recipient.
(b) Clearly identify the amount of the
grant.
(c) Set forth the terms and
conditions of the grant including all of the following:
1. Actions required of the recipient,
including contemplated uses of the grant funds.
2. Matching funds, if any, required of the
recipient.
3. Expected
deliverables.
4. Payment schedule
and conditions, including the distribution of funds in multiple payments based
on documented progress toward completion of the project.
5. Repayment requirements, if any.
6. Documentation, reports, and accounting
required of the recipient including the frequency and format of the report and
the performance measures to be included in the
report.
(4)
REQUIREMENTS FOR LARGE GRANTS. For each grant of $100,000 or more, the contract
shall include, in addition to sub. (3), all of the following:
(a) A requirement that the recipient submit a
verified statement accounting for the use of all grant funds received. The
verified statement shall include all of the following:
1. The amount of funds received.
2. A clear itemized description showing, by
expenditure category, how all received funds were spent.
3. The nature and amount of any matching
funds provided by the recipient, and the recipient's use of those matching
funds.
4. Documentation of the
deliverables provided by the recipient under the contract, and the dates on
which the recipient provided those deliverables.
5. Signatures of an independent certified
public accountant licensed or certified under ch. 442, Stats., and the director
or principal officer of the recipient attesting to the accuracy of the verified
statement.
(b) The
timeframe in which the verified statement, in a form required by the
department, shall be submitted to the department.
(c) A statement that documents supporting the
verified statement shall be made available to the department upon
request.
(5) PENALTIES
FOR FALSE OR MISLEADING STATEMENTS OR CONTRACT BREACH.
(a) A grant contract may provide for any of
the following penalties or remedies if the grant recipient submits false or
misleading information to the department or fails without reasonable
justification to comply with the terms of the contract:
1. The department may demand and recoup
payments made to the recipient.
2.
The department may withhold payments to which the recipient would otherwise be
entitled under the contract.
3. The
department may impose a forfeiture on the recipient. A recipient may not pay
any forfeiture under this subdivision with funds received under another grant
or loan from the department.
(b) The specification of penalties or
remedies under this subsection does not prevent the department from pursuing
any other remedy to which the department may otherwise be entitled by
law.
