Contracts We have taken the application Applicant has been selected for funding Now let’s talk about the contract

Remember the - Policy GM, Par Contracts are binding between signatories Spells out everyone’s responsibility Explains consequences of violations (appendix)

Remember the - Policy - Participant agrees to carryout contract items Government agrees to provide technical assistance and make payments covering government’s share of cost. 120 GM, Par

Plan of Operations Conservation plan done before application

Plan of Operations (to support contract) 120-GM, part 404, subpart c Plan of operations is required Type of treatment to be documented within the plan (including O &M if needed) Plan of operations should outline a logical sequence of work to be accomplished within a reasonable amount of time Plan of Operations should be keyed to a map Signatures needed

General Manual (or) Programs Manual? The General Manual is just that – general guidance The Conservation Programs Manual 440 has specific program guidance Always look in the progam specific manual Part Appeals and Mediation Part RC&D Part Wetlands Reserve Prpgram Part Environmental Quality Incentives Program Part Wildlife Habitat Incentives Program

Asddd NRCS-LTP-1155

Reference Section Thunderbook

Totals Signatures, see matrix NRCS-LTP-1155a (e)

Reference Section Thunderbook

The Contract comes next 120-GM, part 404, subpart e Participants must have control of the land for the contract period Signatures and authorities to sign Responsibilities of those signing Contents of contract and layout See 6 part folder layout in thunderbook Always look at program specific manual

Organizing Your Case Files Amendment IL-3 to NPPH (soon to be updated… refer to the matrix)

JIM E TYE Practices from plan of Operations No Components

CCC-1200 Anyone involved in the contract must sign with appropriate contract shares (shares very important) Signatures must be accompanied by a Power of Attorney or “Evidence of Authority”(if participant is signing for; someone other than themselves or a group) All participants

Usually NRCS signs as CCC representative, see matrix for what NRCS person signs for a particular program For EQIP it is the Area ASTC or designee For CRP it is the FSA County Committee CCC-1200 NRCS signature

TA VS FA (Technical Assistance) (Financial Assistance) Financial Assistance for entire contract is set aside at the time the contract is obligated Technical Assistance gets planned in the contracted but does not receive funding until time to do the work (TA must be spent the same year requested) HELP me understand

TA VS FA Currently TA (technical assistance) can only be used in EQIP contracts

Technical Assistance TA will show up in the a NRCS-LTP for planning purposes TA will not show up in the CCC-1200 Actual NTE (not to exceed) rate for TA will be updated when time for the work to be done

$0.00

$69,136.00

What about Modifications? Can we do them?

Modifications GM part 404, subpart f, (404.50) Actions requiring a modification Those that don’t need a modification Outlines procedures for modifications Always look at program specific manual

Spending Adjustment? Minor changes to quantities Money is available in the contract No formal modification procedure is required GM Always look at program specific manual for details (Manual – 440)

Contracts are legally binding Significant contract changes require a modification, explaination and signatures Substituting, adding, or deleting a practice Cost overruns (not enough money budgeted in the contract) Scheduling changes Changing participant(s) or land Adding TSP $$ Repairing a failure It’s OK to do a modification Always look at program specific manual

Explain the Modification BLOOPERS Adding practice to utilize extra money in the contract More money needed because practice was over built Good Descriptions During final design Sediment basin needed a higher ridge height, more money added to contract. Additional WASCOB needed. Not in original plan because it was overlooked. Make sure anyone can understand

Modifications Modification to Contract in ProTracts Updated 2/23/05 Field Office Steps (Part 1) 1) Use “Find a Contract” 2) Select Modify 3) Make changes 4) Save changes 5) When done with modification click on “Submit For Approval” Enter detailed reason for contract modification Thunder book

What about Terminations? Due to workload, All contracts are being terminated

Terminating Contracts 120-GM Part 404, subpart f (404.56) Failure to satisfactorily complete all contract items Land unit is transferred death of the participant Foreclosure, Bankruptcy Participant may be subject to: refund the total cost-share payments, Liquidated damages or recovery costs

Terminating Contracts State Conservationist can waive requirement to pay money back Termination letters come from the District Conservationist, with concurrence from Area ASTC Always look at program specific manual

Status Reviews 120-GM part 404, subpart f, (404.51) Must be completed annually for the life of the contract.

Status Reviews Illinois’ policy requires a status review annually but an NRCS-LTP-13 only has to be completed when there is a problem or for the final review.