Section 140.44. Written contracts.

 

(1)   Requirement. All expenditures of marketing board funds shall be made pursuant to a written contract or purchase order, except for budgeted expenditures for employee salaries, supplies, travel expenses, and other overhead and operating expenses incurred by a marketing board in the ordinary course of its operations.

(2)   Contents. Every contract or purchase order under this section shall include:

(a) The names and addresses of the contracting parties.

(b) A specific description of the materials to be provided, or the services to be performed under the contract or purchase order.

(c) The time period for contract performance.

(d) The amount to be paid by the marketing board under the contract or purchase order, the time of payment, and any applicable terms and conditions of payment. If a contract or purchase order provides for payment out of funds receivable by a marketing board in any future fiscal year, other than the current budgeted fiscal year, the contract or purchase order shall be made contingent on the availability of revenues for the contract or purchase order in the future fiscal year.

(e) A provision whereby the contractor agrees to provide documentation which may be reasonably necessary for the marketing board to review contract performance. The secretary may direct a marketing board to review a contractor's contract performance, and provide answers to specific questions asked by the secretary. Marketing boards may be audited by the department at the discretion of the secretary to determine whether expenditures under contracts executed by the marketing board are in accordance with s. ATCP 140.47 or ch. 96 , Stats.

(f) Any other provision which the secretary may require prior to the execution of a contract or purchase order, including a provision requiring a contractor to:

1. Maintain segregated accounts for moneys received from a marketing board, if necessary, to assure that expenditures are made in accordance with ch. 96 , Stats. , and s. ATCP 140.47 .

2. Use generally accepted accounting principles when accounting for moneys received from a marketing board.

3. Adhere to specified restrictions on the use of funds, in accordance with s. ATCP 140.47 or other applicable law.

4. File interim and final reports with the marketing board on contract performance.

5. File with the marketing board a copy of the contractor's annual financial statement or security for performance.

(3)   Contract records; inspection. Contracts and purchase orders shall be made available for inspection, copying and audit by the department. Proposed contracts and purchase orders shall be made available for inspection by the department prior to execution, if requested by the secretary. Contracts and purchase orders shall be kept on file with the marketing board for at least 7 years after the completion date specified in the contract or purchase order. Upon termination of a marketing order, all contracts and purchase orders shall be filed with the department.

History: Cr. Register, November, 1985, No. 359 , eff. 12-1-85.