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RLCX LOA #01005/P
LETTER OF AGREEMENT
Provision of funds from the Food and Agriculture
Organization of the United Nations to the
Samuel Jackman Prescod Polytechnic, Barbados
1. Introduction
The Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO"), will
make available to the Samuel Jackman Prescod Polytechnic, Barbados (hereinafter referred to as
"Recipient Organization") a financial contribution in the amount of US$ 25 000 (twenty five thousand US
dollars), in support of providing technical assistance to the OECS countries and Barbados in the fields
of naval architecture, marine engineering and boatbuilding.
2. Purpose
a) The activities for which the funds provided by FAO under this Agreement shall be used
concern the provision of expertise in the disciplines of naval architecture, marine
engineering and boatbuilding while acting as regional institutional base for training in
these areas, all in support of the FAO project Development of Standards for the
Construction and Survey of Small Fishing Vessels (TCP/RLA/0069).
(hereinafter referred to in its entirety as the "project").
b) The background, the terms of reference, the inputs to be provided by the Recipient
Organization and FAO, if any, the budget of the project and the identification of the
Monitoring/Certifying Officer are given in detail in the attached Annex which constitutes
an integral part of this Agreement.
3. General Conditions
a) Funds provided by FAO under this Agreement are to be used by the Recipient
Organization exclusively in support of the project.
b) The Recipient Organization will be responsible for the organization and conduct of the
project. FAO will not be held responsible for any accident, illness, loss or damage
which may occur during the implementation of the project.
c) The use of the official emblem and name of FAO on any publication, document or paper
is specifically prohibited without prior written approval from FAO.
d) All intellectual property rights (including copyright) in the work to be performed under
this Agreement shall be vested in FAO, including, without any limitations, the right to
use, publish, translate, sell or distribute, privately or publicly, any item or part thereof.
Neither the Recipient Organization nor its personnel shall communicate to any other
person or entity any confidential information made known to it by FAO in the course of
the performance of its obligations under the terms of this Agreement nor shall it use this
information to private or company advantage. This provision shall survive the expiration
or termination of this Agreement.
e) The personnel assigned by the Recipient Organization to the organization and running
of the project shall not be considered as staff members of FAO and shall not be entitled
to any privilege, immunity, compensation or reimbursement by FAO. Neither the
Recipient Organization nor its personnel shall be allowed to incur any commitment or
expense on behalf of FAO. Nothing in this Agreement or in any document relating
thereto, shall be construed as constituting a waiver of privileges or immunities of FAO,
nor as conferring any privileges or immunities of FAO on the Recipient Organization or
its personnel.
f) The present Agreement shall be governed by general principles of law, to the exclusion
of any single national system of law.
g) If, after meeting the costs of the project, there are unexpended funds under this
Agreement, the Recipient Organization shall return such unexpended funds to FAO.
h) FAO shall have the right to terminate this Agreement, by written notice to this effect, if it
considers that the continued implementation of the Agreement is impossible or
impractical:
i) for unforeseen causes beyond the control of FAO;
ii) in the event of a default or delay on the part of the Recipient Organization.
i) In the event of the Recipient Organization's non-compliance or partial compliance with
the terms of this Agreement, it will refund to FAO any payment already received in
respect of activities that have not been performed by the Recipient Organization to a
standard considered acceptable to FAO.
j) In the event of termination by FAO for unforeseen causes beyond its control, FAO shall
complete all payments which may be due up to the effective date of termination.
4. Reporting
a) The Recipient Organization shall submit to Mr. Joseph S. Johnson (SLCD-SLAC) a mid-
term progress report no later than 4 months following signature by the Recipient
Organization.
b) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) an itemized
"statement of expenditures" (certified by the Chief Accountant or similar officer of the
RO) prior to receiving final payment for the works/services performed.
c) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) a final report
within 1 month following the completion of the project.
d) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) a final audited
statement of accounts showing the utilization of funds as determined under this
Agreement within 2 months following the completion of the project. If the legal status of
the Recipient Organization precludes the provision of audited financial statements, a
statement certified as to its correctness by the officer responsible for maintaining them
will be provided. In such cases the Organization shall have the right to review the
relevant records.
5. Terms of Payment
a) For the execution of the project under this Agreement, FAO will make a financial
contribution in local currency not exceeding the equivalent of US$25 000. The
payments will be made as follows:
i) the equivalent of US$7 500 upon signature of the present Agreement;
ii) the equivalent of US$12 500 upon acceptance by FAO of the mid-term
progress report;
iii) the equivalent of US$5 000 upon acceptance by FAO of the statement of
expenditure and the report mentioned under paragraphs 4b) and 4c) above.
b) The above amounts will be paid in Barbados dollars calculated at the UN rate of
exchange prevailing on the date of payment.
c) The sum stipulated in paragraph 5a) above represents the full amount to be paid by
FAO for all services and activities to be provided by the Recipient Organization under
this Agreement.
d) FAO will make the above-mentioned payments in accordance with the banking
instructions provided below by the Recipient Organization.
e) The payment officer designated by FAO is Mr. J. Johnson (SLCD-SLAC)
6. Settlement of Disputes
Any dispute between FAO and the Recipient Organization arising out of the interpretation or
execution of this Agreement shall be settled by mutual agreement. If FAO and the Recipient
Organization are unable to reach agreement on any question in dispute or on a mode of
settlement other than arbitration, either party shall have the right to request arbitration in
accordance with the Arbitration Rules of the United Nations Commission on International Trade
Law (UNCITRAL), as at present in force. FAO and the Recipient Organization agree to be
bound by any arbitration award rendered in accordance with the above, as the final adjudication
of any such dispute.
7. Amendments
Any amendment to this Agreement shall be effected only on the basis of written mutual consent
by the Parties.
8. Entry into Force
a) The present Agreement will enter into force upon signature by both Parties.
b) The Recipient Organization must sign two copies of this Agreement and return one to
Mr. Joseph S. Johnson (SLCD-SLAC).
Signed on behalf of the Food and Agriculture Organization of the United Nations:
Signature: .....................................
Joseph S. Johnson (SLCD-SLAC)
Date: .....................................
Signed on behalf of the Samuel Jackman Prescod Polytechnic, Barbados
Signature: .......................................
Mr. Patrick Bethel (Chairman of Board of management SJPP)
Date: .......................................
Detailed Banking Instructions (including: the name of the account holder, account
number, bank's name and its full address)
FAO will make the payments to the Samuel Jackman Prescod Polytechnic, Barbados
(SJPP) through the Subregional Office for the Caribbean – (SLAC), Mr. Joseph S.
Johnson (SLCD-SLAC) is designated as the Payment Officer and Mr. Patrick Bethel
the Chairman of Management SJPP.
ANNEX
ANNOTATED OUTLINE FOR PREPARATION OF ANNEX I OF
THE STANDARD LETTER OF AGREEMENT
TERMS OF AGREEMENT
1. Background
The ultimate objective of FAO project TCP/RLA/0069 is strengthened capacity to support the
fishing industry’s harvest sector of the subregion with particular regard to sea safety. Training,
education, certification and the ability to set standards are the core elements of the project.
While fisheries authorities have important roles to play, the technical and vocational institutional
arrangements provide the partnerships for success. Thus the role of the RO is vital to the
sustainability of the projects activities, in ensuring an ongoing facility, following the completion of
FAO project TCP/RLA/0069, to provide quality training to boatbuilders and fishing boat
inspectors.
2. Terms of Reference
2.1 Description of Activities/Services
Tasks to be undertaken by the RO in support of TCP/RLA/0069 will include the following:
Related to Naval Architecture:
 assist in the collection and analysis of data concerning boatbuilding sites, vessel types,
deficiencies and limitations;
 assist in the preparation of course material the first workshop (to be held in Barbados) on
matters related to design criteria such as, the measurement of a small fishing vessel to
determine its gross and net tonnage, its displacement and the determination of the initial
metacentric height and center of gravity;
 demonstrate practical methods to assess the compliance of a vessel with stability;
 assist in the development of proposals for the short term and long term solutions to the
training of boatbuilders in the region;
 brief representatives from the other participating countries to the Barbados workshop
regarding the application of the course material to the national workshops; and,
report in writing on progress to the lead International Expert/Consultant
Related to Marine Engineering:
 assist in the preparation of course material for the first workshop (to be held in Barbados)
in relation to standards for machinery and electrical installations;
 demonstrate inspection techniques and procedures for acceptance trials;
 participate in the collection and analysis of data concerning machinery installations in
existing vessels as well as providing information of a practical nature with regard
operational practices in the region;
 host briefing sessions with the representatives from other participating countries to the
Barbados workshop on the application of the course material to the national workshops;
 report in writing on progress to the lead International Expert/Consultant
Related to Boatbuilding
 assist in the analysis of data collected with regard to boatbuilding sites and methods of
construction;
 propose ways and means to meet the short term limitations to the introduction of better
standards of construction;
 assist in determining the long term solutions to boatbuilding and the introduction of vessels
to fish, in safety, farther offshore;
 participate in the running of the first workshop to be held in Barbados and demonstrate
practical methods of construction in order to comply with improved standards;
 provide guidance to the lead International Expert/Consultant on the commercial
implications of the introduction of minimum standards for the design and safety
construction of small fishing vessels;
 host briefing sessions with the representatives from other participating countries to the
Barbados workshop on the application of the course material to the national workshops;
and,
 report in writing on progress to the lead International Expert/Consultant
Meeting Facilities
Facilities will be provided in support of the first national workshop of FAO project TCP/RLA/0069 which
will be held in Barbados. These facilities should include the provision for up to 4 days of a lecture room
to seat up to 20 persons and be equipped with normal audio visual facilities (including flip charts,
whiteboard and markers, overhead projector, computer (equipped with MicosoftOffice) and computer
projector) and the provision for up to 5 days of boatbuilding workshops as currently used by the RO for
the provision of training.
2.2 Definition of Outputs
 A midterm report will be provided by the RO (as defined in para 4a above) describing in
summary form the achievements and constraints in the provision of services. It will also
include a workplan for the remainder of the LOA.
 Reports at midterm and project completion will also be provided to Mr. Mike Shawyer
the International Expert/ConsultantBoatbuilder by each of the three subject specialists
concerning their progress, findings, constraints and future workplans.
 A final report will be provided by the RO (as defined in para 4c above) describing in
detailed form the findings, results, conclusions and recommendations over the entirety
of the LOA duration. It will also include a three year workplan for the RO with regard to
the ongoing provision of quality training to boatbuilders and fishing boat inspectors.
2.3 Duration and Timing
16 May 2001 – January 31 2002
2.4 Monitoring and Progress Reporting
(see section 4 of this LOA)
3. Inputs to be provided free of charge by Recipient Organization
3.1 List of Inputs
a) Meeting Facilities as per para 2.1
b) utilization of existing RO facilities/equipment (Boatshop)
c) Provision of specialized personnel during execution of project
d) Continuing provision of research and analytical data pertinent to project
e) Ongoing consultation with private sector, to benefit project execution
3.2 Timing of Inputs
As per workplan attached
4. Inputs to be provided in kind by FAO
No in kind contribution
4.1 List of Inputs
a) FAO project personnel will cooperate and provide support as apropriate during
the provision of all activities/services described under para 2.1;
b) Autoship (or similar) naval architectural sotware;
c) Specialized testing equipment needed for F/V surveys
4.2 Timing of Inputs
Samuel Jackman Prescod Polytechnic is to provide continuing inputs during the
duration of project (workplan attached)
5. Detailed Budget
FAO will contribute to the following costs incurred by SJPP during project:
a) Contribution to RO (SJPP) personnel salaries (equiv. 4 m/m full time) US$ 14 000
b) 6 air tickets for travel in the region estimated at $416.6 ea. 2 500
c) Out of station local DSA for RO personnel (40 days; $ 160) 6 400
d) Workshop facility costs (standard fee) 1 000
e) Communication costs (estimate for duration of project) 350
f) Opening and closing ceremonies costs 750
-----------
Total US$ 25 000
6. Monitoring/Certifying Officer
The Senior Field Project Officer designated to monitor/certify this agreement is Mr. J. Johnson
(SLCD-SLAC) assisted by Mr. B. Chakalall Fisheries Officer for the Caribbean.
7. Reimbursements
Full payment by FAO of the total amount of the financial contribution prior to completion
of the services/work should be avoided. However, if such a situation is unavoidable, the
LOA should provide for reimbursement by the RO of any overpayments that may have
been effected or excess funds which may remain after completion of the services/work.

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Annex II

  • 1. RLCX LOA #01005/P LETTER OF AGREEMENT Provision of funds from the Food and Agriculture Organization of the United Nations to the Samuel Jackman Prescod Polytechnic, Barbados 1. Introduction The Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO"), will make available to the Samuel Jackman Prescod Polytechnic, Barbados (hereinafter referred to as "Recipient Organization") a financial contribution in the amount of US$ 25 000 (twenty five thousand US dollars), in support of providing technical assistance to the OECS countries and Barbados in the fields of naval architecture, marine engineering and boatbuilding. 2. Purpose a) The activities for which the funds provided by FAO under this Agreement shall be used concern the provision of expertise in the disciplines of naval architecture, marine engineering and boatbuilding while acting as regional institutional base for training in these areas, all in support of the FAO project Development of Standards for the Construction and Survey of Small Fishing Vessels (TCP/RLA/0069). (hereinafter referred to in its entirety as the "project"). b) The background, the terms of reference, the inputs to be provided by the Recipient Organization and FAO, if any, the budget of the project and the identification of the Monitoring/Certifying Officer are given in detail in the attached Annex which constitutes an integral part of this Agreement. 3. General Conditions a) Funds provided by FAO under this Agreement are to be used by the Recipient Organization exclusively in support of the project. b) The Recipient Organization will be responsible for the organization and conduct of the project. FAO will not be held responsible for any accident, illness, loss or damage which may occur during the implementation of the project. c) The use of the official emblem and name of FAO on any publication, document or paper is specifically prohibited without prior written approval from FAO. d) All intellectual property rights (including copyright) in the work to be performed under this Agreement shall be vested in FAO, including, without any limitations, the right to use, publish, translate, sell or distribute, privately or publicly, any item or part thereof. Neither the Recipient Organization nor its personnel shall communicate to any other person or entity any confidential information made known to it by FAO in the course of the performance of its obligations under the terms of this Agreement nor shall it use this information to private or company advantage. This provision shall survive the expiration or termination of this Agreement.
  • 2. e) The personnel assigned by the Recipient Organization to the organization and running of the project shall not be considered as staff members of FAO and shall not be entitled to any privilege, immunity, compensation or reimbursement by FAO. Neither the Recipient Organization nor its personnel shall be allowed to incur any commitment or expense on behalf of FAO. Nothing in this Agreement or in any document relating thereto, shall be construed as constituting a waiver of privileges or immunities of FAO, nor as conferring any privileges or immunities of FAO on the Recipient Organization or its personnel. f) The present Agreement shall be governed by general principles of law, to the exclusion of any single national system of law. g) If, after meeting the costs of the project, there are unexpended funds under this Agreement, the Recipient Organization shall return such unexpended funds to FAO. h) FAO shall have the right to terminate this Agreement, by written notice to this effect, if it considers that the continued implementation of the Agreement is impossible or impractical: i) for unforeseen causes beyond the control of FAO; ii) in the event of a default or delay on the part of the Recipient Organization. i) In the event of the Recipient Organization's non-compliance or partial compliance with the terms of this Agreement, it will refund to FAO any payment already received in respect of activities that have not been performed by the Recipient Organization to a standard considered acceptable to FAO. j) In the event of termination by FAO for unforeseen causes beyond its control, FAO shall complete all payments which may be due up to the effective date of termination. 4. Reporting a) The Recipient Organization shall submit to Mr. Joseph S. Johnson (SLCD-SLAC) a mid- term progress report no later than 4 months following signature by the Recipient Organization. b) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) an itemized "statement of expenditures" (certified by the Chief Accountant or similar officer of the RO) prior to receiving final payment for the works/services performed. c) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) a final report within 1 month following the completion of the project. d) The Recipient Organization shall submit to Mr. J. Johnson (SLCD-SLAC) a final audited statement of accounts showing the utilization of funds as determined under this Agreement within 2 months following the completion of the project. If the legal status of the Recipient Organization precludes the provision of audited financial statements, a statement certified as to its correctness by the officer responsible for maintaining them will be provided. In such cases the Organization shall have the right to review the relevant records.
  • 3. 5. Terms of Payment a) For the execution of the project under this Agreement, FAO will make a financial contribution in local currency not exceeding the equivalent of US$25 000. The payments will be made as follows: i) the equivalent of US$7 500 upon signature of the present Agreement; ii) the equivalent of US$12 500 upon acceptance by FAO of the mid-term progress report; iii) the equivalent of US$5 000 upon acceptance by FAO of the statement of expenditure and the report mentioned under paragraphs 4b) and 4c) above. b) The above amounts will be paid in Barbados dollars calculated at the UN rate of exchange prevailing on the date of payment. c) The sum stipulated in paragraph 5a) above represents the full amount to be paid by FAO for all services and activities to be provided by the Recipient Organization under this Agreement. d) FAO will make the above-mentioned payments in accordance with the banking instructions provided below by the Recipient Organization. e) The payment officer designated by FAO is Mr. J. Johnson (SLCD-SLAC) 6. Settlement of Disputes Any dispute between FAO and the Recipient Organization arising out of the interpretation or execution of this Agreement shall be settled by mutual agreement. If FAO and the Recipient Organization are unable to reach agreement on any question in dispute or on a mode of settlement other than arbitration, either party shall have the right to request arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL), as at present in force. FAO and the Recipient Organization agree to be bound by any arbitration award rendered in accordance with the above, as the final adjudication of any such dispute. 7. Amendments Any amendment to this Agreement shall be effected only on the basis of written mutual consent by the Parties. 8. Entry into Force a) The present Agreement will enter into force upon signature by both Parties. b) The Recipient Organization must sign two copies of this Agreement and return one to Mr. Joseph S. Johnson (SLCD-SLAC).
  • 4. Signed on behalf of the Food and Agriculture Organization of the United Nations: Signature: ..................................... Joseph S. Johnson (SLCD-SLAC) Date: ..................................... Signed on behalf of the Samuel Jackman Prescod Polytechnic, Barbados Signature: ....................................... Mr. Patrick Bethel (Chairman of Board of management SJPP) Date: .......................................
  • 5. Detailed Banking Instructions (including: the name of the account holder, account number, bank's name and its full address) FAO will make the payments to the Samuel Jackman Prescod Polytechnic, Barbados (SJPP) through the Subregional Office for the Caribbean – (SLAC), Mr. Joseph S. Johnson (SLCD-SLAC) is designated as the Payment Officer and Mr. Patrick Bethel the Chairman of Management SJPP.
  • 6. ANNEX ANNOTATED OUTLINE FOR PREPARATION OF ANNEX I OF THE STANDARD LETTER OF AGREEMENT TERMS OF AGREEMENT 1. Background The ultimate objective of FAO project TCP/RLA/0069 is strengthened capacity to support the fishing industry’s harvest sector of the subregion with particular regard to sea safety. Training, education, certification and the ability to set standards are the core elements of the project. While fisheries authorities have important roles to play, the technical and vocational institutional arrangements provide the partnerships for success. Thus the role of the RO is vital to the sustainability of the projects activities, in ensuring an ongoing facility, following the completion of FAO project TCP/RLA/0069, to provide quality training to boatbuilders and fishing boat inspectors. 2. Terms of Reference 2.1 Description of Activities/Services Tasks to be undertaken by the RO in support of TCP/RLA/0069 will include the following: Related to Naval Architecture:  assist in the collection and analysis of data concerning boatbuilding sites, vessel types, deficiencies and limitations;  assist in the preparation of course material the first workshop (to be held in Barbados) on matters related to design criteria such as, the measurement of a small fishing vessel to determine its gross and net tonnage, its displacement and the determination of the initial metacentric height and center of gravity;  demonstrate practical methods to assess the compliance of a vessel with stability;  assist in the development of proposals for the short term and long term solutions to the training of boatbuilders in the region;  brief representatives from the other participating countries to the Barbados workshop regarding the application of the course material to the national workshops; and, report in writing on progress to the lead International Expert/Consultant Related to Marine Engineering:  assist in the preparation of course material for the first workshop (to be held in Barbados) in relation to standards for machinery and electrical installations;  demonstrate inspection techniques and procedures for acceptance trials;  participate in the collection and analysis of data concerning machinery installations in existing vessels as well as providing information of a practical nature with regard operational practices in the region;  host briefing sessions with the representatives from other participating countries to the Barbados workshop on the application of the course material to the national workshops;  report in writing on progress to the lead International Expert/Consultant Related to Boatbuilding  assist in the analysis of data collected with regard to boatbuilding sites and methods of construction;  propose ways and means to meet the short term limitations to the introduction of better standards of construction;  assist in determining the long term solutions to boatbuilding and the introduction of vessels to fish, in safety, farther offshore;
  • 7.  participate in the running of the first workshop to be held in Barbados and demonstrate practical methods of construction in order to comply with improved standards;  provide guidance to the lead International Expert/Consultant on the commercial implications of the introduction of minimum standards for the design and safety construction of small fishing vessels;  host briefing sessions with the representatives from other participating countries to the Barbados workshop on the application of the course material to the national workshops; and,  report in writing on progress to the lead International Expert/Consultant Meeting Facilities Facilities will be provided in support of the first national workshop of FAO project TCP/RLA/0069 which will be held in Barbados. These facilities should include the provision for up to 4 days of a lecture room to seat up to 20 persons and be equipped with normal audio visual facilities (including flip charts, whiteboard and markers, overhead projector, computer (equipped with MicosoftOffice) and computer projector) and the provision for up to 5 days of boatbuilding workshops as currently used by the RO for the provision of training. 2.2 Definition of Outputs  A midterm report will be provided by the RO (as defined in para 4a above) describing in summary form the achievements and constraints in the provision of services. It will also include a workplan for the remainder of the LOA.  Reports at midterm and project completion will also be provided to Mr. Mike Shawyer the International Expert/ConsultantBoatbuilder by each of the three subject specialists concerning their progress, findings, constraints and future workplans.  A final report will be provided by the RO (as defined in para 4c above) describing in detailed form the findings, results, conclusions and recommendations over the entirety of the LOA duration. It will also include a three year workplan for the RO with regard to the ongoing provision of quality training to boatbuilders and fishing boat inspectors. 2.3 Duration and Timing 16 May 2001 – January 31 2002 2.4 Monitoring and Progress Reporting (see section 4 of this LOA) 3. Inputs to be provided free of charge by Recipient Organization 3.1 List of Inputs a) Meeting Facilities as per para 2.1 b) utilization of existing RO facilities/equipment (Boatshop) c) Provision of specialized personnel during execution of project d) Continuing provision of research and analytical data pertinent to project e) Ongoing consultation with private sector, to benefit project execution 3.2 Timing of Inputs As per workplan attached 4. Inputs to be provided in kind by FAO No in kind contribution
  • 8. 4.1 List of Inputs a) FAO project personnel will cooperate and provide support as apropriate during the provision of all activities/services described under para 2.1; b) Autoship (or similar) naval architectural sotware; c) Specialized testing equipment needed for F/V surveys 4.2 Timing of Inputs Samuel Jackman Prescod Polytechnic is to provide continuing inputs during the duration of project (workplan attached) 5. Detailed Budget FAO will contribute to the following costs incurred by SJPP during project: a) Contribution to RO (SJPP) personnel salaries (equiv. 4 m/m full time) US$ 14 000 b) 6 air tickets for travel in the region estimated at $416.6 ea. 2 500 c) Out of station local DSA for RO personnel (40 days; $ 160) 6 400 d) Workshop facility costs (standard fee) 1 000 e) Communication costs (estimate for duration of project) 350 f) Opening and closing ceremonies costs 750 ----------- Total US$ 25 000 6. Monitoring/Certifying Officer The Senior Field Project Officer designated to monitor/certify this agreement is Mr. J. Johnson (SLCD-SLAC) assisted by Mr. B. Chakalall Fisheries Officer for the Caribbean. 7. Reimbursements Full payment by FAO of the total amount of the financial contribution prior to completion of the services/work should be avoided. However, if such a situation is unavoidable, the LOA should provide for reimbursement by the RO of any overpayments that may have been effected or excess funds which may remain after completion of the services/work.