Section 28.08. Grant agreement.

 

(1)  Harbor assistance projects for which grants are approved shall be formally implemented through grant agreements between the department and the eligible applicant. If the eligible applicant is unable or unwilling to enter into a grant agreement with the department in the calendar year for which the applicant's project is approved, the applicant shall resubmit another application for the project before the department shall again consider it for funding.

(2)  The types and amounts of costs eligible for state assistance shall be negotiated in developing a grant agreement. Eligible costs may include final engineering, construction, and dredging costs and other costs agreed to by the department and the eligible applicant. The following items, however, are not eligible for reimbursement:

(a) Eligible applicant's general grant administration costs;

(b) Costs of acquiring permits or of preparing environmental documents, feasibility studies, conceptual project designs or design revisions; and

(c) Interest on money borrowed by the eligible applicant or interest charged to the applicant for late payment of project costs.

(3)  The maximum amount granted by the department shall be stated in the grant agreement for the project.

(4)  The grant agreement shall require a grant recipient to:

(a) Save and hold the department harmless from and against all liability, damage, loss, claims, demands and actions of any nature whatsoever related to the project; and provide, at its expense, a comprehensive general liability insurance policy, with per occurrence limits to be determined by the department, naming the department and its officers, employees and agents as additional insureds.

(b) Provide evidence of performance and payment bonds, satisfying all applicable requirements of ss. 30.32 and 779.14 , Stats., for the full amount of any and all construction contracts let by the eligible applicant in connection with the project.

(c) Maintain project-related books and records as required by the department and make such records available to the department for audit purposes. In addition, grant recipients shall make periodic progress reports to the department. The content and timing of these reports shall be specified in the grant agreement.

(5)  In the grant agreement, the department shall require repayment of grant funds advanced to an eligible applicant if:

(a) The project for which the grant funds are awarded is not completed in accordance with all terms of the grant agreement, including required completion dates; or

(b) Any commercial transportation facility for which the grant is awarded is converted during that time established in the grant agreement to a use inconsistent with the purposes of the harbor assistance program or inconsistent with the terms of the grant agreement or is converted during that period to a use not approved in writing by the department. Conversion to a use approved in writing by the department may, nonetheless, require repayment of all or a portion of the grant funds to the department.

History: Cr. Register, February, 1985, No. 350 , eff. 3-1-85; CR 05-019 : am. (2) (intro.), (a), (c), (4) (b) and (5) (intro.) Register July 2005 No. 595 , eff. 8-1-05.