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Contracts

Contracts. We have taken the application Applicant has been selected for funding Now let’s talk about the contract. Remember the - Policy -. 120 GM, Par. 404.00 Contracts are binding between signatories Spells out everyone’s responsibility

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Contracts

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  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. ReferenceSection Thunderbook

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

  10. ReferenceSection 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 All participants • 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)

  15. CCC-1200 NRCS signature • 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

  16. HELP me understand TAVS 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)

  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 $0.00

  20. $0.00 $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. GM 120 404.50 Spending Adjustment? • Minor changes to quantities • Money is available in the contract • No formal modification procedure is required Always look at program specific manual for details (Manual – 440)

  24. It’s OK to do a modification • 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 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. 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

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

  28. 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

  29. 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

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

  31. 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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