Termination and Suspension Policy

Background

As indicated in the Memorandum of Understanding and Grant Agreement (Agreement), a Wisconsin Partnership Program (WPP) award may be suspended or terminated at any time by either WPP or the Grant Recipient (Recipient).

Definitions

Suspension: Action by WPP or the Recipient that temporarily withholds support of a project pending corrective action by the Recipient.

Termination: Cancellation of a grant, in whole or in part, by WPP or the Recipient at any time prior to its expiration.

Policy

Suspension: A grant may be suspended in whole or in part at any time by:

• WPP on written notice to the Recipient for any reason, including if the Recipient has materially failed to comply with the terms and conditions of the grant award as outlined above and as identified in the approved application;
• WPP and the Recipient by written agreement; or
• Recipient on written notice to WPP setting forth the reasons for such action, the effective date, and, in the case of partial suspension, the portion to be suspended.

Suspension of the Agreement may include discontinuation of payments to the Recipient by WPP and/or discontinuation of further spending of grant funds by Recipient. The Recipient agrees to comply with the directions of WPP regarding the unexpended grant funds when this Agreement is suspended.

Termination: A grant may be terminated by either party at any time, with or without cause. WPP must notify the Recipient in writing at least thirty (30) days prior to the termination date. Notice by the Recipient will terminate the agreement immediately or upon a date otherwise agreed to in writing by the parties. Upon termination by WPP, the Recipient shall be entitled to receive payment for non-cancellable approved project activities incurred during the thirty (30) day notification period. Final payment will be adjusted to reflect actual work completed.

Recipients who have received formal Notice of Suspension or have had their award terminated by WPP may be ineligible from applying for future funding opportunities for a period of 48 months from the date of formal suspension or termination. If a suspended grant is terminated, the period of ineligibility begins on the date of termination.

Procedures

Suspension or Termination by WPP: If, after initial communication and fact-finding, it is suspected that a Recipient has failed to comply with the terms and conditions of the award, the WPP staff member responsible for overseeing the award will immediately inform a member of the WPP Administrative Leadership team. In most cases, the WPP Administrative Director will notify the Recipient in writing about the nature of the problem and that failure to get back into compliance may result in suspension or termination of the grant. The Recipient will be responsible for resolving all instances of noncompliance within 15 calendar days and must include a Corrective Action Plan to prevent future instances of noncompliance. If the instances of noncompliance have not been resolved within 15 calendar days, Recipients will receive a formal Notice of Suspension, which will require immediate pause of project activities and spending.

The WPP Administrative Leadership team may immediately suspend a grant or notify a Recipient of termination of a grant with at least 30-days prior notice when it believes such action is reasonable and necessary to protect WPP and/or the Recipient.

Decisions made by the WPP Administrative Leadership team are final and cannot be appealed.

Termination by Recipient: The Recipient may terminate the award at any time. Notice by the Recipient will terminate the agreement immediately or upon a date otherwise agreed to in writing by the grant recipient and WPP. Final payment will be adjusted to reflect actual work completed.

If an Award is terminated by the Recipient, the Recipient may still be eligible to apply to future funding opportunities.