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

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Presentation on theme: "Contracts We have taken the application Applicant has been selected for funding Now let’s talk about the contract."— Presentation transcript:

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

2 Remember the - Policy - 120 GM, Par. 404.00 Contracts are binding between signatories Spells out everyone’s responsibility Explains consequences of violations (appendix)

3 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. 404.00

4 Plan of Operations Conservation plan done before application

5 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

6 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 510 - Appeals and Mediation Part 513 - RC&D Part 514 - Wetlands Reserve Prpgram Part 515 - Environmental Quality Incentives Program Part 517 - Wildlife Habitat Incentives Program

7 Asddd NRCS-LTP-1155

8 Reference Section Thunderbook

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

10 Reference Section Thunderbook

11 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 -- 440

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

13 JIM E TYE Practices from plan of Operations No Components

14 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

15 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

16 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

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

18 Technical Assistance TA will show up in the a NRCS-LTP- 1155 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

19 $0.00

20 $69,136.00

21 What about Modifications? Can we do them?

22 Modifications -- 120-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 -- 440

23 Spending Adjustment? Minor changes to quantities Money is available in the contract No formal modification procedure is required GM 120 404.50 Always look at program specific manual for details (Manual – 440)

24 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 -- 440

25 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

26

27 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

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

29 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

30 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 -- 440

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

32 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.


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