Eastern Plains Resource Conservation and Development Area, Inc. (Eastern Plains RC&D)
Policy on Becoming a Fiscal Agent for Other Organizations
Adopted ?
The Eastern Plains RC&D, a nonprofit, tax-exempt 501(c)(3) corporation, is asked to administer grant funds on behalf or another group, as a service in order to facilitate the achievement of local goals and help put projects on the ground in our service area. When possible, the Eastern Plains RC&D will support the efforts of other local organizations. The primary consideration for the Eastern Plains RC&D is that it not jeopardize it status as a 501(c)(3) with the Internal Revenue Service. Second, the Eastern Plains RC&D does not take on unnecessary risk.
Grant administration can be performed for member organizations (sponsors of the Eastern Plains RC&D) and for other public organizations. Incorporated nonprofit or conservation districts are included.
Unincorporated Groups. If the group is unincorporated; no written governing documents, a group of citizens that come together to accomplish some social, economic, or environmental goals. The Eastern Plains RC&D can establish an Action Team (committee) and allow that group to come under the organizational structure of the Eastern Plains RC&D. Conditions for association include:
The purpose of the group is consistent with the mission and goals of the Eastern Plains RC&D described in the Articles of Incorporation and by-laws.
The group agrees to come under the organizational structure and comply with the by-laws of the Eastern Plains RC&D.
The Eastern Plains RC&D Board of Directors or Council approves the application.
Preferably a Council Member is part of the Action Team.
The availability of time and resources of Eastern Plains RC&D staff to support the new work.
The Eastern Plains RC&D will not administer grants on behalf of for-profit businesses or other non-public entities.
Incorporated and Government Entities. The Eastern Plains RC&D can serve as a fiscal agent for incorporated and Government enities. The Eastern Plains RC&D needs an agreement that may cover the following areas:
General description of services provided by the fiscal agent.
Which funds are covered by these services (e.g. a specific grant only or all funds received by the group).
Whether a separate bank account will be maintained for the group’s funds.
Who within the group is authorized to request withdrawal of funds or payments and how such requests must be made.
What documentation is required for payment of funds.
What procedure the fiscal agent will use in making payment (e.g. check written once a week on Wednesdays, signed by two officers of the agent).
Availability of books and records for inspection by both the group and the fiscal agent.
Reporting periods and scope of reports to funding sources; if narrative reports are required, the obligation of the group to prepare the narrative for submission by the fiscal agent.
Whether a separate audit is required and who pays the cost.
The fiscal agent fee for providing services (e.g. fixed monthly amount, percentage of funds) and any other charges to the group.
A hold harmless provision that indemnifies the fiscal agent from liability caused by acts of the group.
A requirement that all literature, contracts, etc., of the group not include the name of the fiscal agent unless prior approval is obtained.
Whether the group is responsible for obtaining insurance coverage, the amount and nature of such coverage, or whether the fiscal agent is providing this coverage at the groups expense.
The employment status of paid individuals working on behalf of the group, including employees of the fiscal agent, employees of the group, or independent contractors to either.
If employees or independent contractors work for the group, the group should have its own employer identification number and should make its own hiring and firing decisions. If employees or contractors work for the fiscal agent, specify who decides on hiring/firing, who supervises the workers, and who is responsible for income and payroll tax withholding and reporting.
Who will prepare the group’s tax returns, e.g. IRS form 990, if required (for incorporated or formal unincorporated groups only).
The beginning and ending date of the agreement.
How the agreement may be terminated or amended.
Other standard clauses for things like arbitration or attorney fees.
Any other specific provisions regarding what the group or fiscal agent will or will not do.
The Eastern Plains RC&D reserves the right to decline projects which are not well suited or consistent with the mission, purpose, and goals of the RC&D.
Grant administration provided by the Eastern Plains RC&D includes the establishment a grant management system that maintains accountability with all funders and contractors. The project liaison will maintain liaison with funders, contractors and other participants. Maintain an accounting system that complies with funder and non-profit or appropriate accounting standards. Provide adequate controls to receive and disperse funds according to contracts with participating parties. Other aspects of grant management can be negotiated depending on grantor and organization needs.
Fees. The Eastern Plains RC&D reserves the right to charge of a fee for services; generally this fee is 10% of the grant total, but can be negotiated.
Application to RC&D. Organizations, including members and non-members alike, should not assume the Eastern Plains RC&D will become the fiscal agent before making application to the Eastern Plains RC&D. The request for the Eastern Plains RC&D to become a fiscal agent should be made in writing and accompanied by a "concept paper" or summary of the project that includes project cost and duration.
Project Concept
The Eastern Plains Resource Conservation and Development Area, Inc. (Eastern Plains RC&D) primarily accomplishes its mission through projects initiated from its own strategic plan, sponsors and other organizations. This project concept is prepared as a starting point for the development of a project proposal. Based on this Concept the Eastern Plains RC&D Council will adopt the concept as a project.
PROJECT NAME:
Incorporation Status:
Organization Purpose:
Action Team Leader: The person who will provide leadership. Without a leader the project will go nowhere.
Goal: A general statement of what is to be accomplished Example, Promote conservation, development, and sustained use of land, water, plant, and animal resources in east-central Arizona.
Objective:
Results to be Achieved: What will be done? Example Demonstrate sustainable agriculture practices at the Eastern Ag Research Center.
Criteria for Success: Define in specific terms how you know you are successful. Example, A total of 50 small scale agriculture producers apply sustainable agriculture practices on their farms.
Population Benefited: The general public does not count. State specifically who benefits
Time Frame: The exact date the project will be completed. Example, Feburary 1998.
A BRIEF DESCRIPTION OF PROJECT CONCEPT
(Provide a concise description of the project concept (200 - 600 words) NO MORE THAN 1 PAGE.
(Introduction: In paragraph 1 describe the project in one or two sentences)
(What problem, need or opportunity does the concept address)
(What will be done. Who, What, When, Why)
(What makes your organization uniquely qualified to perform this project)
(What are the benefits of the project?)
( What will the project cost and how will funding be provided)
((Attach formal letter requesting assistance. Request made by Board / Council President)
Agreement with RC&D. Before the Eastern Plains RC&D enters into any agreement with a grantor, the roles and requirements of the requesting organization and the RC&D must be clearly spelled out in an agreement to be signed by both parties. Generally, the requesting organization designates a contract or liaison to work with RC&D staff. Refer to item 3, above for content of the agreement.
Dispersment of Funds. The Eastern Plains RC&D will disperse funds when a properly completed request for funds is received from the organization the Eastern Plains RC&D is the contracted fiscal agent. All payments will be made by check and no funds will be paid out by the Eastern Plains RC&D until they are receive from the grantor. The Eastern Plains RC&D will administer the grant and funds in compliance with the grantor contract. The Eastern Plains RC&D Treasurer will interpret compliance of contract. A work plan will be part of a contract.