(1) GENERAL. The
department may include conditions in a grant agreement related to any of the
following:
(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.
Note: The grantee should consult its legal
counsel with questions concerning contracts and bidding.
Note: The department has developed the
Procurement Guide for Local Governments Receiving DNR Grants, available on the
department website.
(b)
Requirements for the grantee to obtain and comply with permits.
(c) The range of elements that constitute the
grant agreement.
(d) That the
grantee is bound to implement the grant agreement in its entirety.
(e) Circumstances under which a grant
agreement may be amended.
(f) The
expectation that the grantee use generally accepted accounting principles and
practices.
(g) A grantee's status
as an independent contractor and ability to exert sole control over its
employees and contractors.
(h) The
expectation that the grantee develop and enforce a written code of conduct for
its employees or agents.
(i)
Eligible project costs.
(j) The
methods, protocols, procedures, laboratory or analyses employed by a grantee to
implement a grant agreement.
(k)
The source and amount of grantee match.
(l) Circumstances for a grant
advance.
(m) The expectation that a
grantee will hire a contractor or agent using a professional service
agreement.
(n) Partial payment
amounts and frequency.
(o)
Reporting requirements.
(p) The
expectation that a grantee will record the grant agreement on the property
title.
(q) Restrictions of final
payments and the timing of request.
(r) The percentage of the grant award
retained by the department for final payment.
(s) The expectation that a grantee will make
a project site available for inspection by the department.
(t) Circumstances for grant agreement
termination by the department related to grantee performance.
(u) Circumstances under which a grantee must
repay grant funds to the department for failure to comply with one or more
conditions of the grant agreement.
(v) Disposition of supplies, equipment, and
capital assets by the grantee.
(w)
The obligation of a grantee to retain and disclose project financial
records.
(x) The responsibility of
a grantee 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 the total of all federal of state grant funds received by the
grantee is at least $750,000 during the grantee's fiscal
year.
(2) SPECIAL
CONDITIONS. The department may include special conditions in a grant agreement
for a grant awarded under this chapter. Special conditions typically include
requirements that a federal agency has placed on the department through a
federal grant and that are passed through to third parties that receive and use
those federal funds. Special conditions may also include unique water quality
or biological requirements or reporting requirements that are deemed
appropriate by the department. A grant project that includes fee simple or
easement land acquisition will also include special conditions related to the
department's evaluation of offers to purchase, appraisals, land surveys, and
other real estate costs approved by the department.
(3) ESSENTIAL CONDITIONS FOR LAND
ACQUISITION. Essential conditions for land acquisition projects are specified
in s.
281.71(1), (2), (3), and (5), Stats., and apply to any
applicant approved to acquire land with a grant under this chapter. The
department shall include all essential conditions in a land acquisition grant
agreement. Failure to comply with any essential condition will result in the
title of the subject property being vested in the state.
