Wis. Stats. Chapter 45	2135 Rimrock Road, P.O. Box 7843, Madison, WI 53707-7843 (608) 266-1311 | 1-800-WIS-VETS (947-8387) | WisVets.com

ENTREPRENEURSHIP GRANT AGREEMENT

BETWEEN THE STATE OF WISCONSIN, DEPARTMENT OF VETERANS AFFAIRS

AND

This Agreement is made and entered into effective the latest date in the signature block below, between the State of Wisconsin, Department of Veterans Affairs (hereinafter referred to as the “Department”) and the NAME OF ORGANIZATION (hereinafter referred to as the “Grantee”).

WHEREAS, the Department made available a Request for Grant funding to non-profit organizations as defined in section 501(c)(3) and 501(c)(6) of the Internal Revenue Code, to provide employment training or other assistance to veteran entrepreneurs to improve employment outcomes, and;

WHEREAS, the Grantee submitted a response (application) to the Public Notice announcing grants to non-profit organizations who provided entrepreneurship training, technical and business assistance, financial assistance and/or other assistance to veteran entrepreneurs to improve employment outcomes, and;

WHEREAS, the Evaluation Committee, comprised of at least one member of the board of veterans affairs and other individuals appointed by the Department, evaluated Grantee’s application against applicable criterion and recommended to the Department Secretary that Grantee receive a grant in the amount of $ ;

NOW THEREFORE, in consideration of the premises and of their mutual and dependent agreements, the parties hereto agree as set forth herein:

ARTICLE 1: REVIEW

Liaison with the Department will be with Donald Placidi, Jr., Administrator, Division of Veterans Benefits, or any individual the Department shall designate from time to time, who will represent the Department’s interest in review of quality, quantity, timeliness of services and related considerations as outlined in this Agreement.

ARTICLE 2: AVAILABILITY OF FUNDS

Funds have been appropriated by the Wisconsin Legislature. The appropriation from which grants are to be made is s. 20.485(2)(qm), Stats. The Department may make grants of up to a total of $500,000 to non-profit organizations, as defined in section 501(c)(3) and 501(c)(6) of the Internal Revenue Code, to provide entrepreneurship training, technical and business assistance, financial assistance, and/or other assistance to veteran entrepreneurs to improve employment outcomes.

ARTICLE 3: RESTRICTIONS

Prohibited use of funds: Grant funds shall be used only for the payment of reimbursement of expenses which are reasonable, necessary, and properly assignable to the purposes of the approved grant. Any other use of grant funds is prohibited. Grantee may not use grant funds to supplant existing employee wages or compensation. Grantee may use grant funds to hire staff exclusively to implement and put on the program(s) if included in the grant proposal approved by the Department. Grantee may not use more than 50 percent of the grant funds for employee wages, compensation, and related expenses assignable to the approved purpose of the grant. Grantee may not use grant funds to purchase capital equipment unless specified in the grant award.

Violation of prohibited use of funds: If Grantee uses grant funds for prohibited activities, the Department may terminate the grant and recover funds previously paid to Grantee through all available legal means, including but not limited to through enforcement through court action, with venue located in Dane County Circuit Court, for that funding period on a recoupment schedule specified by the Department.

Funds awarded may be reduced, suspended, or terminated at any time for violation of any terms and requirements of this Agreement.

ARTICLE 4: SERVICES

The Grantee agrees to provide the Services, defined as those services outlined in the Request for Grant Funding. Services shall be provided to veterans with at least one qualifying term of active duty service for other-than-training purposes under honorable conditions, as reflected on the veteran’s military separation document (DD-214), who are also current Wisconsin residents and who either entered active service as a Wisconsin resident (typically reflected by the Home of Record on the DD-214) or have held Wisconsin residency for at least 12 consecutive months after entry or reentry into service, in accordance with Wis. Stat. §§ 45.01(12) and 45.02. “Disabled veteran” means a veteran who is verified by the Department to have a service-connected disability rating of at least 50 percent under 38 U.S.C. § 1114 or 1134, as documented on an official U.S. Department of Veterans Affairs (USDVA) disability award letter or rating decision.

Grantee agrees to submit a certification request to the Department to verify eligibility of each grant participant. Grantee agrees that services can only be provided by the Grantee to grant participants verified by the Department as eligible on form approved by the Department.

ARTICLE 5: PERIOD OF PERFORMANCE

The provision of services covered under this Agreement shall be from the effective date of this Agreement through June 30, 2021. If the provision of services cannot be fully implemented by the effective date of this Agreement, the Grantee must return all unused funds or make a request for an extension in writing to the Department no later than June 30, 2021.

ARTICLE 6: REPORTING REQUIREMENTS

The Grantee agrees to submit to the Department a Service Delivery Report that includes data and information specified by the Department and in the grant award, by the date determined by the Department. A Grantee shall submit all of the following data and information:

Cover letter summarizing the service delivery report and initial purpose/intent of the grant request.

The grant amount requested, and grant amount received by the Department.

The number of veterans assisted by the Grantee with grant funds.

The dollar amount of the grant funds applied to each veteran assisted.

The type of assistance given to each veteran with grant funds that may include outreach and development services and activities.

Expansion of or various outreach activities funded by the grant in underserved geographic areas of the state and underserved veteran populations.

Measurable outcomes of the grant funds applied to each veteran assisted as defined by the Department at the time of awarding the grant and shall include the following:

How the grant funds contributed to the veteran’s success.

The projected number of veteran entrepreneurs planning to start a business.

The number and location of grant funded veteran owned businesses that were created.

The number of veteran jobs created by the entrepreneurs.

The number of veteran-owned businesses served through the program by grant funds.

Specify any businesses that increased revenue due to the program or services funded by the grant.

The Grantee also agrees to furnish the Department with any other relevant reports or information pertaining to the provision of services or other accounting concerns described in this Agreement requested by the Department.

ARTICLE 7: EXAMINATION OF RECORDS

The Grantee agrees that the designated agent of the Department will have access to, the right to examine, audit, transcribe, and copy any directly pertinent records and computer generated or based information of the Grantee relating to this Agreement which are not privileged and confidential under the rules and regulations of the Department of Veterans Affairs and that it will not withhold any requested records or information. All records pertaining to this Agreement shall be maintained for a minimum of three (3) years following the termination date of this Agreement.

ARTICLE 8: CANCELLATION

The Department reserves the right to cancel this Agreement in whole and in part without penalty due to non-appropriation of funds or for failure of the Grantee to comply with terms, conditions and specifications of this Agreement or terms of the Application for Entrepreneurship Grant Program funding or Grantee’s statements made as part of the Grantee’s application for the Grant.

ARTICLE 9: APPLICABLE LAW AND ENFORCEMENT FOR FAILURE TO COMPLY

This Agreement shall be governed under the laws of the State of Wisconsin. The Grantee shall at all times comply with and observe all federal, state and local laws, ordinances, and regulations which are in effect during the period of this Agreement and which in any manner affect the work or its conduct.

The State of Wisconsin may take enforcement action, including but not limited to, recouping past payments, suspending or canceling the Agreement, if the Grantee violates any applicable federal and state law, local law, ordinance, regulation or requirement, or does not follow applicable guidance from the Department.

ARTICLE 10: ARBITRATION

Disputes relating to this Agreement should be addressed to Donald Placidi, Jr., Administrator, Division of Veterans Benefits, Department of Veterans Affairs, 2135 Rimrock Road, P.O. Box 7843, Madison, Wisconsin 53707-7843. Any disputes arising as to quality or quantity shall be subject to arbitration as provided in Chapter 788, Wisconsin Statutes. A good faith dispute creates an exemption to prompt payment.

ARTICLE 11: HOLD HARMLESS

The Grantee will indemnify and hold harmless the State of Wisconsin and all of its officers, agents and employees from all suits, actions, or claims of any character brought for or on account of any injuries or damages received by any persons or property resulting from the operations of the Grantee, in prosecuting work under this Agreement.

Article 12: AGREEMENT CLAUSES

Modification of Agreement: The parties agree that this Agreement may not be modified, altered, amended, or otherwise changed except upon written consent by each of the parties hereto.

Severability: Should any provision of this Agreement be held invalid or unenforceable by a court of competent jurisdiction, the parties agree that the remaining provisions shall remain in full force and effect.

Entire Agreement: The terms of the Application for Entrepreneurship Grant Program funding and Grantee’s statements made as part of the Grantee’s application for the Grant are fully incorporated into this Agreement. Except for the terms of the Application for Entrepreneurship Grant Program funding or Grantee’s statements made as part of the Grantee’s application for the Grant, this Agreement constitutes the entire agreement amongst the parties, and there are no other understanding or agreements, written or oral, among the parties on the subject. Except for the terms of the Application for Entrepreneurship Grant Program funding or Grantee’s statements made as part of the Grantee’s application for the Grant, this Agreement constitutes the complete understanding between the parties concerning all matters addressed herein. If the terms of the Application for Entrepreneurship Grant Program funding or Grantee’s statements made as part of the Grantee’s application for the Grant differ with this Agreement, this Agreement shall supersede the terms of the Application for Entrepreneurship Grant Program funding or Grantee’s statements made as part of the Grantee’s application for the Grant and all prior agreements, understandings, and practices concerning such matters including, but not limited to, any contracts, personnel documents, handbooks, or policies or any prior customs or practices of the Department.

Counterparts: Separate copies of this document shall constitute original documents, which may be signed separately but which together shall constitute a single agreement. This Agreement will not be binding on any party until signed by all parties or their representatives.

ARTICLE 13: NONDISCRIMINATION AND EQUAL OPPORTUNITY

Employment: In accordance with s. 16.765, Stats., Grantee shall not discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Grantee shall take affirmative action to ensure equal employment opportunities.

Services to Eligible Veterans or Dependents of Eligible Veterans: Grantee shall not discriminate against any eligible veteran or dependent of an eligible veteran in the administration and delivery of program services under this Grant because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s. 51.01 (5), sexual orientation as defined in s. 111.32 (13m), or national origin.

ARTICLE 14: NOTICES

Notices and demands required or permitted to be given hereunder shall be given personal delivery or by registered or certified mail, postage prepaid, return receipt requested, addressed to:

Grantee

Department	Donald Placidi Jr.

Administrator, Division of Veterans Benefits

Department of Veterans Affairs

2135 Rimrock Road

P.O. Box 7843

Madison, WI 53707-7843

or such other address as either party may from time to time specify in writing. All notices and demands hereunder shall be deemed to have been given when deposited in the United States mail, postage prepaid, if the date of deposit is established; provided the notice date shall be extended to the date of receipt upon establishment by addressee or receipt of notice more than two (2) business days after its claimed mailing.

STATE OF WISCONSIN

DEPARTMENT OF VETERANS AFFAIRS	GRANTEE

_____________________________________	BY:

James Bond Dated	Dated

Deputy Secretary