Contract Terms and Conditions

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ContractTerms and Conditions
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I have a great job!
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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.
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AppendixKnow what it is
X isn't

• 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

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CPC-AppendixKnow 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

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CPC-AppendixKnow what it is

• 512.0 F - CPCs 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 contractrequires the
  participant to carry out conservation activities

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AppendixKnow what it says

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

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ELIGIBILITY REQUIREMENTS

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

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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 periodand implement
  practices/activities as required

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STEWARDSHIP PLAN

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

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PAYMENTS

• Subject to the availability of funds
• Well give you what weve got,
• when we get it
• no matter how painful it is.

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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

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RECOVERY OF COST

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

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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.

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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.

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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

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AppendixKnow what it says
Doesnt say
X

• 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 dont get
  around to completing

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AppendixTerms and Conditions

• When things go wrongserves as the basis for
  Agency action

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Summing up
It doesnt have to be frustrating
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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