(1) A grantee shall do all of the following:
(a) Follow generally accepted accounting
principles and practices during the implementation of a project funded with a
grant awarded under this chapter. Should the grantee fail to comply, the
department may terminate the grant if the project is incomplete or require
repayment in part or full if the project is complete.
(b) If the grantee receives a grant advance
from the department, use interest earned on the grant advance, if any, for the
same purposes for which the department originally awarded the grant. Should the
grantee fail to comply, the department may require that earned interest be
submitted to the department.
(c)
Document all project costs and maintain documents to support grant expenditures
in sufficient detail to show that project costs are consistent with the grant
agreement. Should the grantee fail to comply, the department may withhold
payment.
(d) Maintain all financial
records for 6 years following the issuance of the final payment, unless longer
retention is directed by the department in writing, and make these financial
records available to department staff upon request. Financial records to which
this paragraph applies include published public notice and bid summaries;
records showing volunteer time, donated professional services, and supplies and
equipment; invoices; canceled checks and bank or credit card statements;
documentation regarding the life and depreciation of supplies, equipment, and
capital assets purchased with grant funds awarded under this chapter; records
related to earned interest, the collection of fees, and any other documents
that support project costs claimed by the grantee. Should the grantee fail to
comply, the department may require repayment of grant funds in part or
full.
(e) Comply with all
applicable state and federal laws and regulations regarding cost containment,
bidding, contract awards, wage, and labor rates. Should the grantee fail to
comply, the department may require repayment of grant funds in part or
full.
(f) Obtain all regulatory
permits and approvals required by federal, state, or local agencies, including
water and wetland regulatory permits from the department, prior to
implementation of any permitted activity. A grantee shall fully comply with the
permits and approvals during implementation of any permitted activity and shall
submit proof of each approved permit to the department with any relevant
payment request. The department may not issue a payment if the approved permit
is not submitted by the grantee.
(g) Enter into a land use agreement with
non-grantee landowners participating in a proposed project no later than the
date on which the department issues a grant agreement. Should the grantee fail
to comply, the department may withhold payment.
(h) Agree to have an annual audit performed
on federal funds received from a state or federal agency in accordance with 2
CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards, also known as "Uniform Guidance," and WI State
Single Audit Guidelines issued by Wisconsin department of administration, state
controller's office, if a grantee receives federal or state grant funds
totaling at least $750,000 during the grantee's fiscal year. Should the grantee
fail to comply, the department may withhold payment.
(i) Operate as an independent contractor
having sole control and responsibility for directing, supervising, or
determining the method, hours worked, and time and manner of any performance
under a grant agreement issued under s. NR 193.12(2), other than as
specifically provided in this chapter. The department may not exercise control
over the selection and dismissal of a grantee's employees or agents.
(j) Agree that any fees charged for the use
of the project site shall not exceed the cost of a daily state park sticker and
that revenues generated will be applied back to the project for which the grant
was originally awarded. Should the grantee fail to comply, the department may
require that fees collected in excess of the daily state park sticker rate be
submitted to the department.
(2) The department may conduct an audit of a
grantee's records for a grant award at any time during the project period or
within 6 years following the issuance of the final payment unless a longer
document retention period is directed by the department in writing. The
department may require that the grantee repay any prior payment issued by the
department if an audit reveals that costs cannot be substantiated.
(3) Failure of a grantee to comply with one
or more terms of the grant agreement issued under this chapter may result in
termination of the agreement and the suspension of all obligations of the
department. Grant agreements may also be terminated by the department if a
grantee fails to make satisfactory progress on activities approved for grant
funding, fails to complete the project to the satisfaction of the department,
or makes project changes without department approval for a project scope or
budget amendment. The department will notify any grantee not in compliance with
a grant agreement, in writing, and allow 30 days for the grantee to pursue
corrective action. If corrective action does not address department concerns,
the department will issue a final termination letter to the grantee, including
the reason for termination. Upon termination of a grant agreement, the
department may require the grantee to reimburse the department for any grant
funds the department deems appropriate. If the compliance failure is determined
by the secretary of the department to be due to no fault of the grantee, the
amount required to settle at minimum the costs of any irrevocable obligations
properly incurred shall be eligible for assistance under this chapter at the
department's discretion.
(4) The
grantee may terminate the grant agreement, in writing, at any time prior to the
start of the project and before expending any grant funds awarded under this
chapter. After the project has been started or grant funds have been expended,
a grantee may request to terminate the agreement in writing, subject to
approval by the department.
(5) The
department may require the grantee to install and enforce an organization code
of conduct that lays out expectations and guiding principles for appropriate
workplace behavior. The grantee shall implement the code of conduct when
dealing with department staff, volunteers, local elected officials, employees,
service providers and customers. Should the grantee fail to comply, all
obligations of the department under an agreement may be terminated.
