Section 199.09. Grant awards and payment.

 

(1)   General provisions.

(a) The state share of the project cost may not be greater than 70% of the eligible project costs.

(b) A grant provided under this chapter for acquisition of easements or real property may not exceed the lesser of 70% of the purchase price by the municipality, or fair market value.

(c) In any fiscal year, the department may not provide to any applicant more than 20% of the funding available under this chapter.

(d) The applicant shall obtain all necessary permits and approvals for the project prior to grant award for acquisition or development.

(e) The grant period shall be for 2 years. The department may grant a one-year extension.

(2)   Match requirements.

(a) The local share of the project cost may not be less than 30% of the eligible project costs.

(b) The substantiated value of donated materials, equipment, services and labor may be used as all or part of the local share of the project cost subject to all of the following:

1. All sources of local share donation shall be indicated when the grant application is submitted.

2. The maximum value of donated, non-professional labor shall be equal to the prevailing federal minimum wage requirements.

3. The value of donated equipment may not exceed the Wisconsin department of transportation highway rates for equipment.

4. The value of donated materials and professional services shall conform to market rates and be established by invoice.

(c) For land acquisition projects, the substantiated value of donated contributions of real property may be used as part of the local share of the project cost subject to all of the following:

1. Contributions of property are eligible as grant recipient match only if the donated property lies within the boundaries of a project which has been approved under the same component of the municipal flood control program as the property being acquired.

2. The fair market value of a contribution of property may be used as local share. The amount of the property donation that can be used for match equals the value of the donation or the amount of cash needed by the applicant for the purchase, whichever is less, so there will be no cash back in excess of the moneys actually needed for the purchase.

3. The contribution is made within 3 years of the land acquisition and is considered by the department to be part of the project or eligible for the project.

(3)   Amendments.

(a) The grant recipient may request, for good cause, a grant agreement amendment for expenditures in excess of those identified as estimated costs in the grant agreement prior to the end of the grant period. If funds are available, the department may issue a grant amendment.

(b) The grant recipient may request, for good cause, a grant agreement amendment for changes to the project scope or an extension of the grant period prior to the end of the grant period. The department may amend the grant agreement or extend the grant period based on a grant recipient's request.

(4)   Audit.

(a) The grant recipient shall account for all project funds in conformance with generally accepted accounting principles and practices and shall retain the funds in a separate account. The grant recipient shall maintain detailed records of grant expenditures to show that grant funds were used for the purposes for which the grant was made. The grant recipient shall keep all financial records, including invoices and canceled checks or bank statements that support all project costs claimed by the grant recipient, and the records shall be available for inspection by the department for 4 years after final payment.

(b) The department may audit all of the grant recipient's records pertaining to the project. The department audit may result in an adjustment in the grant amount.

(5)   Payment.

(a) The grant recipient shall submit to the department claims for payment of actual and eligible expenses on forms provided by the department. All costs claimed for payment shall be documented and shall be consistent with the eligibility provisions of this chapter and with the grant agreement.

(b) The grant recipient shall submit the final claim for payment no later than 3 months following the grant ending date. The grant recipient may submit a written request for an extension of the final claim period no later than 3 months after the grant ending date, showing good cause for the extension. If the grant recipient fails to submit the final claim prior to 3 months following the project ending date and does not receive department approval to extend the final claim period, the final claim payment may be denied.

(c) The department may approve final grant payments when the grant recipient has submitted a claim supported by appropriate evidence of project expenditures within the timeframe in this chapter.

(6)   Enforcement.

(a) The department may terminate any grant awarded under this chapter for violation of any term or condition of the grant agreement and the department may seek reimbursement of the state share previously distributed to the grant recipient.

(b) The department may withhold final payment of the grant amount until all project, legal and program requirements have been complied with.

(c) The department may withhold 25% of the state share for final payment and may withhold final payment until the department determines that the project and any required audits have been satisfactorily completed.

History: CR 01-014 : Cr. Register October 2001 No. 550 , eff. 11-1-01.