# Presentation: 510812

## ContractTerms and Conditions

**Contract****Terms and Conditions**

## I have a great job!

**I have a great job!**

## Contracting Pledge

**Contracting Pledge**

- I pledge allegiance to the Appendix of the Conservation Program Contract, and to the Agreement for which it stands, a mutual commitment, indisputable, with equal terms and conditions for all.

## AppendixKnow what it is

**Appendix****Know what it is**

- A narrow pouch attached to the first part of the large intestine and occurs in the lower right-hand part of the abdomen
- No known function
- Can cause acute pain, nausea, loss of appetite
- Easily cured by removal

-   X   **isn't**

## CPC-AppendixKnow what it is

**CPC-Appendix****Know what it is**

- A collection of material at the end of a document (contract)
- Definitely has a function,
- it may cause great pain and suffering,
- but it may not be removed

## CPC-AppendixKnow what it is

**CPC-Appendix****Know what it is**

- 512.0 F - CPC’s are legally binding agreements that define the terms and conditions of a contract, including the responsibilities of the participant(s), NRCS, ...as well as the consequences of violating a contract...requires the participant to carry out conservation activities

## AppendixKnow what it says

**Appendix****Know what it says**

- ELIGIBILITY REQUIREMENTS
- PARTICIPANT AGREES TO
- STEWARDSHIP PLAN
- PAYMENTS
- TERMINATIONS
- RECOVERY OF COSTS
- and more

## ELIGIBILITY REQUIREMENTS

**ELIGIBILITY REQUIREMENTS**

- Control of the land for the contract period
- Share in risk of production

## AGREEMENT

**AGREEMENT**

- Participant agrees to :
- Continue contract for period of time specified
- Apply practices/activities as agreed
- Establish practices/activities as scheduled
- Maintain at least the level of stewardship identified in the benchmark inventory for the entire contract period...and implement practices/activities as required

## STEWARDSHIP PLAN

**STEWARDSHIP PLAN**

- Participants agrees:
- Plan is part of the contract
- To implement and maintain the practices/activities as identified and scheduled in the plan

## PAYMENTS

**PAYMENTS**

- Subject to the availability of funds
- We’ll give you what we’ve got,
- when we get it
- no matter how painful it is.

## TERMINATIONS

**TERMINATIONS**

- Failure to carry out the terms and conditions of the contract  - may determine to terminate with
- Refund of payments received
- Forfeiture of future payments

## RECOVERY OF COST

**RECOVERY OF COST**

- Liquidated damages up to 20% of FA
- Applicable to violations
-  including loss of control

## New for 2008

**New for 2008**

- Participant agrees to:
- Share responsibility for ensuring that Form NRCS-CPA-1155, Contract Plan Schedule of Operations, is accurate and complete.  The NRCS has no authority to compensate participants for practices and/or activities that are not in the Contract at the time of obligation.

## New for 2008

**New for 2008**

- CCC will charge interest on monies it determines to be due and owing to CCC under this Contract.  Under debt collection procedures, unpaid bills accrue _interest beginning 30 days after the billing date_.

## Participants need to know

**Participants need to know**

- 512.20 B (2)
- Applicants are to receive copy of appendix
- 512.0 F (3)
- Participants are to receive copy of appendix following CPC approval

## AppendixKnow what it says

**Appendix****Know what it says**

- Provisions for allowing leniency for participant market based decisions
- Provisions for making payments on imaginary contract items
- Provisions for including everything but the kitchen sink then deleting what they don’t get around to completing

**X**

**Doesn’t say**

## AppendixTerms and Conditions

**Appendix****Terms and Conditions**

- When things go wrong...serves as the basis for Agency action

## Summing up

**Summing up**

- It doesn’t have to be frustrating

## The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment.An Equal Opportunity Provider and Employer

**The Natural Resources Conservation Service provides leadership in a partnership effort to help people conserve, maintain, and improve our natural resources and environment.****An Equal Opportunity Provider and Employer**