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

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. 404.00

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 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

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 eParticipants must have control of the

land for the contract periodSignatures and authorities to signResponsibilities of those signingContents of contract and layout

See 6 part folder layout in thunderbook

Always look at program specific manual -- 440

Organizing Your Case Files

Amendment IL-3 to NPPH

(soon to be updated… refer to the matrix)

JIM E TYE

Prac

tices

from

plan

of O

pera

tions

NoComponents

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 par

ticip

ants

•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 sig

natu

re

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-1155 for planning purposes

TA will not show up in the CCC-1200Actual NTE (not to exceed) rate for TA

will be updated when time for the work to be done

$0.00

$0.00

$0.00

$69,136.00

What about Modifications?Can we do them?

Modifications --

120-GM part 404, subpart f, (404.50)

Actions requiring a modification Those that don’t need a modificationOutlines procedures for modifications

Always look at program specific manual -- 440

Spending Adjustment?

Minor changes to quantities Money is available in the contractNo formal modification procedure is

required

GM 120 404.50

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 -- 440

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 ProTractsUpdated 2/23/05

Field Office Steps (Part 1)1) Use “Find a Contract”2) Select Modify3) Make changes4) Save changes5) 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

itemsLand unit is transferreddeath 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 -- 440

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.