HomeMy WebLinkAbout2006-278B. g . 2Z • 0ta
LL
aao � - a � �
COST SHARE GRANT CONTRACT
This Cost Share Grant Contract ("Contract') entered into as of August 22 , 2006 2006 by
and between Indian River County, a political subdivision of the State of Florida, ("County")
and Premier Citrus. LLC having an address
of 1970 122°d Avenue, Vero Beach, FL 32966 ("Recipient').
BACKGROUND RECITALS
A. The County has entered into a Contractual Services Agreement with the Florida Department of
Agriculture and Consumer Services ("Department') for the Indian River Citrus Area Water
Quality/Quantity Protection Program, [Contract FDACS 010527] ("Cost Share Agreement')
attached hereto as Exhibit A and incorporated herein in its entirety by this reference.
B. Pursuant to the terms of the Cost Share Agreement, the County may enter into contracts with
eligible applicants/recipients for the purpose of partially funding and fully implementing the
agricultural water quality best management practices ("BMP") contemplated in the Cost Share
Agreement and more specifically set forth in the Operation and Maintenance Plan and the
Applicant Evaluation Review Sheet, each of which is attached hereto, collectively referenced as
Exhibit B, and incorporated herein in their entirety by this reference.
C. Recipient has applied to the County for a cost share grant of money ("Grant') to fund, at the
designated "program reimbursement rate" set forth in Exhibit A, and fully implement the BMP
on the terms and conditions set forth herein.
D. The County has agreed to provide the Grant funds to the Recipient to fund, at the designated
"program reimbursement rate" set forth in Exhibit A, and fully implement the BMP on the terms
and conditions set forth herein.
NOW, THEREFORE, in accordance with the mutual covenants hereinafter contained and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties agree as follows:
1 .0 Background Recitals. The background recitals are true and correct and form a material part of
this Contract.
2 .0 Cost Share Agreement Requirements. By signing this Contract, the Recipient acknowledges
and agrees that:
(i) the funding source of this Contract is the Cost Share Agreement;
(ii) the Grant pays for only that portion of the cost of the BMP that is set forth on
Exhibit B as the "Cost Share" ;
(iii) the Recipient is solely responsible for the portion of the cost of the BMP that is set
forth on Exhibit B as the "Applicant Cost;
(iv) certain obligations of the County under the Cost Share Agreement will be
performed by the Recipient and the County, respectively;
1
(v) the Recipient shall implement, establish, and complete the BMP
by October 10, 2006
(vi) upon completion of installation of the BMP, the Recipient shall certify and submit
all required invoices for payment for the BMP to the Indian River Soil and Water
Conservation District as agent for the County under the Cost Share Agreement, and
the Indian River Soil and Water Conservation District shall submit the invoices to
the County for fixrther processing and payment;
(vii) the Recipient shall maintain and replace the BMP for the required maintenance
period set forth in Exhibit B, and, further, specifically acknowledges that the Cost
Share Agreement requires reimbursement from the Recipient to the Department on
a pro-rata basis for any Grant funding received for a BMP that is improperly
maintained, removed, or destroyed before the end of the maintenance period set
forth on Exhibit B ;
(viii) the Recipient will control the land upon which the BMP is to be implemented for
the time period set forth in Exhibit B and shall, upon request, provide evidence to
the County demonstrating that such Recipient or the landowner, where applicable,
will control the land for that period;
(ix) the Grant funds shall not be used to lobby the Florida Legislature, the judicial
branch, or an agency of the State of Florida;
(x) the Recipient shall maintain adequate records fully to document the use of the
Grant funds for at least three (3) years after the completion of this Contract, and the
County shall have access to books, records, and documents of the Recipient in
connection with the Grant funds for the purpose of inspection or audit during
normal business hours at the County' s expense, upon five (5) days prior written
notice;
(xi) the Recipient shall comply at all times with all applicable federal, state, and local
laws, rules, and regulations in connection with the BMP;
(xii) the Recipient must have all applicable permits, including, but not limited to, a
County Right of Way Permit, and a Consumptive Use Permit, an Environmental
Resource Permit, or an Agricultural Surface Water Management Systems Permit
pursuant to applicable provisions of the Florida Administrative Code to be eligible
for the Grant;
(xiii) the Recipient has not been placed on the State of Florida convicted vendor list kept
by the Florida Department of Management Services pursuant to Florida Statutes
section 287. 133 ; and
(xiv) the employment by the Recipient of unauthorized aliens is a violation of Section
274A(e) of the Immigration and Nationalization Act, and if the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Contract.
3 .0 Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and
incorporated herein in its entirety by this reference.
2
Y
IN WITNESS WHEREOF, the County and the Recipient have executed this Agreement as of the
date first written ab ve.
RECIPI gnu 01 INDIAN RIVN-1 a �/o .` :
BOARD OF C6 C6 XMSSIONERS Signature.-.
B 4:
Title: Arthur R. NeubEGge r iiTiian
Approved byBCGs'
1„ 2 t9 2006
Attest: J. `KI. Barton, Clerk of Circuit Court
By: ' N \G��ck.
Deputy Clerk
Approved:
Jo ph A. gird,
Cc" Administrator
Approved as to form
gal u' ienc
Marian E. Fell
Assistant County Attorney
Indian River Co. Approved Date
Administrator
Legal
Budget
Risk Manager
Department
3
�C
W
02 ,' 11 ' 1 ". 54 +34 : Vu HISS- 34526 'vERO 7�E41CH FO FdGE 02
Florida Department of Agriculture & ConsumerServiMACS COMPACT #:
CHARLES H. BRONSON, Commissioner
• 0105527
rlee+e reeepeed to:
Office ofAppeWtaW WaterPuLcy
1203 Govereors Squm+c Boulaw'd
Suite 200
Tai�w, FL 32301
April 13, 2006
Mr, Ted Maul, District Conservation Coordinator
Indian River Board of County Commissioners
Suite A
I028 201e Place
Vero Beach, Florida 34240
RE: Amendment 01 of MACS Contract 010527
Dear Mr. Maul:
This letter, upon execution by both parties and attachment to the original contract shall
serve to amend said contract .
The contract shall be amended to extend the contract period for an additional six (6)
months.
Page 1, Parsph 2 of the contract which now reads : CONTRACT PERIOD: This
agreement shall be in effect from the date of execution to June 30, 2005 .
Shat) be amended to read as follows: CONTRACT PERIOD This agreement shall be in
effect. fA om the date of execution to December 3 i , 2005
NO OTHER PROVISIONS OF THIS CONTRACT ED OTHE WISE
ALTERED BY THIS AMENDMENT.
Chairman e Gresharn, Director of Administration
Indian River Board of County Department of Agriculture
Commissioners aiidd Consumer Services
ate) ate)
FOACS CC iTRAC
' yc2 Florida Department of Agriculture 010527
"f and Consumer Services
Division of Administration
CHARLES H. BRONSON
COMMISSIONER CONTRACTUAL SERVICES AGREEMENT
This AGREEMENT , made and entered into this 3rd day of
January 2006 by and between the DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES , State of Florida , and the INDIAN RIVER
BOARD OF COUNTY COMMISSIONERS , the CONTRACTOR .
CONTRACT PERIOD : This agreement shall be in effect from the
date of execution to June 30 , 2006 ,
The Contractor agrees to provide all services as stipulated
in the attached Scope of Services .
The Department of Agriculture and Consumer Services agrees
to provide the Contractor remuneration for servides rendered
pursuant to the terms and conditions stipulated in the attached
Scope of Services in an amount not to exceed $ 75 , 000 including
five percent ( $ 3 , 750 ) for administrative cost to be dispersed to
the Indian River Soil and Water Conservation District .
The six digit Department of Management Services ' class /
group code commodity catalog control number is : 973300 .
The Department of Agriculture and Consumer Services will
pay the Contractor in arrears as follows : An advance of twenty
five percent ( $ 18 , 750 ) upon contract execution with the balance
to paid on a cost reimbursement basis upon receipt of invoices
and appropriate supporting documentation as specified_ in .
Attachment A .
Bills for any authorized travel expenses shall be submitted
and paid in accordance with the rates specified in
Section 112 . 061 , Florida Statutes , governing payments by the
State for travel expenses . Authorization for travel expenses
must be specified in the paragraph for payments directly above .
Bills for services shall be submitted to the Department of
Agriculture and Consumer Services , Bill Bartnick , Environmental
Administrator , Office of Agricultural Water Policy , Florida
Department of Agriculture and Consumer Services , 1203 Governor ' s
Square Blvd . , Suite 200 , Tallahassee , Florida 32301 in detail
sufficient for a proper pre - audit and post - audit thereof .
Section 215 . 422 , Florida Statutes , provides that agencies
have five ( 5 ) working days to inspect and approve goods and
services , unless bid specifications or the purchase order
specifies otherwise . With the exception of payments to health
care providers for hospital , medical , or other health care
services , if payment is not available within 40 days , measured
from the latter of the date the invoice is received or the goods
or services are received , inspected and approved , a separate
interest penalty set by the Chief Financial Officer pursuant to
Section 55 . 03 , Florida Statutes , will be due and payable in
addition to the invoice amount . To obtain the applicable
interest rate , please contact the Agency ' s Fiscal Section at
( 850 ) 488 - 2020 or Purchasing Office at ( 850 ) 488 - 7552 .
Payments to health care providers for hospitals , medical or
other health care services , shall be made not more than 35 days
from the date eligibility for payment is determined , and the
daily interest rate is . 03333 percent .
Invoices returned to a vendor due to preparation errors
will result in a payment delay . Invoice payment requirements do
not start until a properly completed invoice is provided to the
agency .
A Vendor Ombudsman has been established within the
Department of Financial Services . The duties of this individual
include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment ( s ) from a
State agency . The Vendor Ombudsman may be contacted at
( 850 ) 413 - 7269 or by calling the Department of Financial
Services ' Hotline , 1 - 850 - 410 - 9724 ,
The Department may make partial payments to the Contractor
upon partial delivery of services when a request for such
partial payment is made by the Contractor and approved by the
Department .
This contract may be cancelled by either party giving
thirty ( 30 ) days written notice .
The Department of Agriculture and Consumer Services shall
have the right of unilateral cancellation for refusal by the
Contractor to allow public access to all documents , papers ,
letters , or other material made or received by the Contractor in
conjunction with the contract , unless the records are exempt
from S . 24 ( a ) of . Article I of the State Constitution and
�i
1 . x , 07 ( 1 ) , Florida Statutes .
s •
Extension of a contract for contractual services shall be
in writing for a single period only not to exceed six ( 6 ) months
and shall be subject to the same terms and conditions set forth
in the initial contract There shall be only one extension of a
contract unless the failure to meet the criteria set forth in
the contract for completion of the contract is due to events
beyond the control of the Contractor . If initially competitively
procured , contracts for contractual services may be renewed on a
yearly basis for no more than three ( 3 ) years , or for a period
no longer than the term of the original contract , whichever
period is longer . Renewal of a contract for contractual
services shall be in writing and shall be subject to the same
terms and conditions set forth in the initial contract . Renewals
shall be contingent upon satisfactory performance evaluations by
the Agency . Renewal costs may not be charged by the Contractor .
It is mutually understood and agreed that this contract is :
A , Subject to the provisions of Section 287 . 058 , Florida
Statutes , and the State of . Florida ' s performance and
obligation to pay under this contract is contingent
upon an annual appropriation by the Legislature as
provided in Section 287 , 0582 , Florida Statutes .
B . Subject to the approval of the State Chief Financial
Officer ( Department of Financial Services ) .
It is mutually understood and agreed , that if this contract
disburses grants and aids appropriations , it is :
Subject to the requirements of Section 216 . 347 , Florida
Statutes , a state agency , a water management district , or
the judicial branch may not authorize or make any
disbursement of grants and aids appropriations pursuant to a
contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of
funds for the purpose of lobbying the Legislature , the
judicial branch , or a state agency ,
The following provisions of A through G are not applicable
to procurement contracts used to buy goods or services from
vendors , but are only applicable to a contractor subject to the
Florida Single. Audit Act .
A . There are uniform state audit requirements for state
financial assistance provided by state agencies to
tet•
f_.
Nonstate entities to carry out state projects in
accordance with and subject to requirements of
Section 215 . 97 , Florida Statutes ( F . S . ) , which may be
applicable to and binding upon Recipient . Nonstate
entity means a local governmental entity , nonprofit
organization , or for -profit organization that receives
state resources . Recipient means a Nonstate entity
that receives state financial assistance directly from
a state awarding agency .
B . In the event that the Recipient expends a total amount
of state financial assistance equal to or in excess of
$ 500 , 000 in any fiscal year of such Recipient , the
Recipient must have a state single or project - specific
audit conducted for such fiscal year in accordance
with Section 215 . 97 , F . S . , applicable rules of the
Executive Office of the Governor , rules of the Chief
Financial Officer , and Chapter 10 . 600 , rules of the
Auditor General . In determining the state financial
assistance expended in its fiscal year , the Recipient
shall consider all sources of state financial
assistance , including state funds received from this
Department resource , except that state financial
assistance received by a Nonstate entity for federal
financial assistance and state matching requirements
shall be excluded from consideration .
C . Audits conducted pursuant to Section 215 . 97 , F . S . ,
shall be : ( 1 ) performed annually , and ( 2 ) conducted by
independent auditors in accordance with auditing
standards as stated in rules of . the Auditor General .
D . Regardless of the amount of the state financial
assistance , the provisions of Section 215 . 97 , F . S . , do
not exempt a Nonstate entity from compliance with
provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate
entity or allowing access and examination of those
records by the state awarding agency , the Chief
Financial Officer , or the Auditor General .
E . If the Nonstate entity does not meet the threshold
requiring the state single audit , such Nonstate entity
must meet terms and conditions specified in this
written agreement with the state awarding agency .
4
F . Each state awarding agency shall :
( 1 ) Provide to a Recipient , information needed by the
, . Recipient to comply with the requirements of
Section 215 . 97 , F . S .
( 2 ) Require the Recipient , as a condition of
receiving state financial assistance , to allow
the state awarding agency , the Chief Financial
Officer , and the Auditor General access to the
Recipient ' s records and the Recipient ' s
independent auditor ' s working papers as necessary
for complying with the requirements of Section
215 . 97 , F . S . The Recipient is required to retain
sufficient records demonstrating its compliance
with the termsof this agreement for a period of
three years from the date the audit report is
issued , and shall allow the Department of
Agriculture and Consumer Services or its
designee , access to such records upon request .
( 3 ) Notify the Recipient that Section 215 . 97 , F . S . ,
does not limit the authority of the state
awarding agency to conduct or arrange for the
conduct of additional audits or evaluations of
state financial assistance or limit the authority
of any state agency Inspector General , the
Auditor General , or any other state official .
( 4 ) Be provided by Recipient one copy of each
financial , reporting package prepared in
accordance with the requirements of Section
215 . 97 , F . S . The financial reporting package
means the nonstate entities ' financial
statements , Schedule of State Financial
Assistance , auditor ' s reports , management letter ,
auditee ' s written responses or corrective action
plan , correspondence on follow-up of prior years '
corrective actions taken , and such other
information determined by the Auditor General to
be necessary and consistent with the purposes of
Section 215 . 97 , F . S . Copies of the financial
reporting package required by this agreement
shall be submitted by or on behalf of the
Recipient directly to each of the following :
5
( a ) The Department of Agriculture
and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee , Florida 32399 - 0800
( b ) The Auditor General ' s Office at the
following address :
State of Florida Auditor General
Room 574 , Claude Pepper Building
111 West Madison Street
Tallahassee , Florida 32302 - 1450
G . The Recipient is hereby notified of and bound by the
requirements of F . , above .
It is expressly understood and agreed that any articles
that are the subject of , or required to carry out , this contract
shall be purchased from a nonprofit agency for the blind or for
the severely handicapped that is qualified pursuant to
Chapter 413 , Florida Statutes , in the same manner and under the
same procedures set forth in Section 413 . 036 ( 1 ) and ( 2 ) , Florida
Statutes ; and for purposes of this contract the person , firm , or
other business entity carrying out the provisions of this
contract shall be deemed to be substituted for the state agency
insofar as dealings with such qualified nonprofit agency are
concerned . Available products , pricing and delivery information
may be obtained by contacting : RESPECT of Florida ,
2475 Apalachee Parkway , Suite 205 , Tallahassee , Florida
32301 - 4946 , -telephone number ( 850 ) 487 - 1471 and
fax number ( 850 ) 942 - 7832 .
It is expressly understood and agreed that any articles
which are the subject of , or required to carry out , • this .
contract shall be purchased from the corporation identified
under Chapter 946 , Florida Statutes , in the same manner and
under the same procedures set forth in - Section 946 . 515 ( 2 ) and
( 4 ) , Florida Statutes ; and for the purposes of this contract the
person , firm , or other business entity carrying out the
provisions of this contract shall be deemed to be substituted
for this Agency insofar as dealings with such corporation are
concerned . The " corporation identified" is Prison Rehabilitative
Industries and Diversified Enterprises , Incorporated . Available
products , pricing and delivery schedules may be obtained by
contacting : PRIDE of Florida , 12425 28th Street , North , St ,
Petersburg , Florida 33727 , telephone number ( 727 ) 572 - 1987 .
6
t
The CONTRACTOR is informed that a person or affiliate who
has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity ,
may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work , may
not submit bids on leases of real property to a public entity ,
may not be awarded or perform work as a contractor , supplier ,
subcontractor , or consultant under a contract with any public
entity , and may not transact business with any public entity in
excess of the threshold amount provided in Section 287 . 017 ,
Florida Statutes , for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list .
The CONTRACTOR is informed that the employment of
unauthorized aliens by any Contractor is considered a violation
of Section 274A ( e ) of the Immigration and Nationality Act . If
the Contractor knowingly employs unauthorized aliens , such
violation shall be cause for unilateral cancellation of the
contract .
The CONTRACTOR is informed that an entity or affiliate who
has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide goods or services to a public
entity , may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public
work , may not submit bids on leases of real property to a public
entity , may not award or perform work as a contractor , supplier ,
subcontractor , or consultant under contract with any public
entity , . and may not transact business with any public entity .
In the event that two or more documents combine to form
this agreement between the parties , including future amendments
and addenda , and in the event that there are contradictory or
conflicting clauses or requirements in these documents , the
provisions of the document ( s ) prepared by the Department of
Agriculture and Consumer Services Contract shall be controlling .
All contracts entered into by the Department of Agriculture
and Consumer Services or any Division or Bureau thereof , are and
shall be controlled by Florida law , contrary provisions
notwithstanding .
In the event that any clause or requirement of this
agreement is contradictory to , or conflicts with the
requirements of Florida law , including , but not limited to
requirements regarding contracts with Florida ' s governmental
agencies , the offending clause or requirement shall be without
force and effect and the requirements of the Florida Statutes
and rules promulgated thereunder on the same subject shall
7
substitute for that clause or requirement and be binding on all
parties to this contract .
The Contract Manager for the Department is Carol Johnson ,
EnvirHoweyoinethe1Specilist IIHills , aFlorida � 34737 , telephoneanis locatedanumber B( 352ox 26324 -
3271 .
The Contract Manager for the Contractor is Ted Maul ,
District Conservation Coordinator and is located at 1028 20th
Place , Suite A , Vero Beach , Florida 32960 - 5360 , telephone number
( 772 _) 770 - 5005 .
Signed by parties to this agreement :
DEPARTMENT OF AG CUL AND CONTRACTOR !
GO UMER VIC S
MIKE GRESHAM , DIRECTOR C I
DIVISION OF ADMINISTRATION INDIAN RIVER BOARD OF COUNTY
COMMISSIONERS
/ January 3 , 2006
DATE DATE
59 - 6000674
Contractor ' s Social Security
or FEID Number
APPROVED :
DACS-01085 County Adm rator
01 / OS
��VgB AS T-() FORM
SUF
A►AS FBLC
ASZ4A13jCOUur ATTi)RNEY
8
GRANT ATTACHMENT "A"
r
SCOPE OF SERVICES
BACKGROUND :
Many activities such as urban development , agriculture ,
industry, and regional water management have impacted the water
quality of the Indian River Lagoon ( IRL ) and the Upper St Johns
River ( USJR ) . Segments of these water bodies that do not meet
applicable water quality standards have been identified as
" impaired " in accordance with Section 303 ( d ) of the Federal
Clean Water Act ( FCWA ) . In an effort to educate the area citrus
growers about the water quality problems occurring in the IRL
and USJR watersheds and to provide them with the tools necessary
to ensure that their operations do not contribute to these
problems , the Indian River Citrus League working cooperatively
with individual growers , the University of Florida , Institute of
Food & Agricuitural Sciences ( UF/ IFAS ) , Florida Department of
Agriculture and Consumer Services ( FDACS ) , state and regional
regulatory agencies produced the document entitled , " Water
Quality Quantity Best Management Practices for Indian River Area
Citrus Groves " ,
PROJECT OBJECTIVES :
This project will provide Indian River County citrus growers
with technical support in the identification of BMPs and
financial support for their implementation . Staff from the
Indian River Soil and Water Conservation District ( IRSWCD )
and / or the USDA Natural Resources Conservation Service ( NRCS )
will meet with prospective cost share candidates to assess their
needs with respect to the program objectives .
The Contractor or their designated representative will assist
each applicant in conducting a " self assessment " for each grove
that is included in the application . This assessment will
utilize the Citrus Grower Best Management Practices Checklist
which is incorporated in the aforementioned BMP manual . Once the
appropriate practices have been identified for each grove , the
Contractor or their designated representative will identify
those practices that are eligible for cost share in the
Applicants Handbook titled Indian River Area Water Quality,
Quantity Protection Program (Attachment A )
While participation in this program is not contingent upon
participation in any Conservation Program administered by the
9
USDA , enrollment in one or more of these programs will provide
the applicant with bonus points in the project ranking
procedure . For those growers that choose to participate in a
USDA Conservation Program , a Conservation Plan will be developed
once the applicant pp nt has been approved . This plan will include but
is not limited to nutrient management , pesticide management ,
irrigation water management , technical information and design .
Growers who choose to participate in this, program must submit an
application to the Contractor or their designated
representative . The Contractor or their designated
representative will then assist each applicant in conducting a
" self assessment " for each grove that is included in the cost
share application . Once the appropriate practices have been
identified for each grove , the Contractor or their designated
representative will identify those practices that are eligible
for cost share as delineated in the Applicant ' s Handbook . The
Applicant ' s Handbook establishes the percentage of cost - share
funding available for each eligible practice . The applicant is
responsible for the remainder of the cost . There is a $ 50 , 000
maximum in program funds available per applicant per year .
The Contractor or their designated representative will present a
list of qualifying , ranked projects to the Indian River Board of
County Commissioners ( Board ) for their approval . Once approved
by the Board , the grower will receive approval to install the
practices according to approved designs . The BMP installation
must meet all design criteria before it can be certified as
complete by Contractor or their designated representative .
Routine consultation with MRCS / IRSWCD staff throughout the
installation process is recommended .
Once installation is complete , ' the grower shall provide the
Contractor or their designated representative with all of the
appropriate documentation . The Contractor or their designated
representative will then submit all of the documentation to the
Board for authorization of reimbursement to the grower .
The Contractor or their designated representative shall provide
FDACS with quarterly reports . These reports will include : a
summary of all work accomplished , the number of acres enrolled
in each practice , the amount of program funds distributed to
each grower to date , a summary of the amount Of program funds
used as nonfederal match , the amount of federal matching funds
applied to this program through USDA conservation programs , and
all of the invoices supporting the distribution Of program
funds .
10
r '
PROGRAM FUNDING CRITERIA :
Project funds for each year will be distributed to
applicants based upon their scores and ranking ( POINTS
RECEIVED FROM THE HIGHEST TO LOWEST ) derived from the application
of the Environmental Benefits Index below .
Environmental Benefit Index
SMP
POINTS
1 . On - site Water Detention / Retention 100 each
2 . Conversion or Repair of Flashboard
Riser Water Control Structure 25 each
3 . Precision Application Equipment 20 each.,
4 . Portable Agrichemical Mixing Station 20 each
5 . Chemigation Infrastructure 20 each
6 . Aquatic Weed Barrier 10 each
7 . Permanent Agrichemical Washdown Station 10 each
8 . Water Table Observation Well 5 each
9 . Grade Stabilization Structure 5 each
10 . Conversion to Microirrigation 1 point per acre
11 . Bonus points for Conservation Plan
Development / completion or participation
in an NRCS Conservation Program 5 .
PROGRAM REQUIREMENTS :
To be eligible to receive cost - share payments , the property
owner must:
1 ) Have completed , with the assistance of the Contractor or
li
Contractor ' s designated representative , a " self assessment "
for each grove that is included in the cost share
application . This assessment .will utilize the Grower Best
Management Practices Checklist ;
2 ) Have completed cost share application ;
3 ) Have provided preliminary designs prepared by one or mdre of
the following : a private contractor , the NRCS , or the IRSWCD .
In addition , implementation cost estimates must be submitted
with the designs to the Contractor or their designated
representative ;
4 ) Have provided copies of applicable paid receipts ; and ,
5 ) Have agreed to follow a Department approved Operation and
Maintenance Plan for the life span of the practices . This
Plan will describe the procedures necessary to properly
operate and maintain each BMP .
CONTRACTOR RESPONSIBILITIES :
1. Administer funding dispersements as provided by FDACS through
this program at the cost - share rate , delineated in the
Applicant ' s Handbook ( Attachment A ) for each eligible
practice . This rate may change only ' if directed and approved
in writing . There shall be a $ 50 , 000 maximum in program funds
available per applicant per year .
2 . Establish a . single -purpose checking account or other FDACS
approved process that provides canceled checks as proof of
payment .
3 . Approve Cost share payments based on confirmation of practice
implementation using the Verification of BMP Implementation
Form (Attachment C ) .
4 . Issue payment based on a first come , first serve basis only
to qualified landowners that have supplied applicable paid
invoices , receipt and a Best Management Practice
Certification and Request for cost - share Payment Form and
Verification of SMP Implementation Form (Attachment C ) .
12
C '
6 . Maintain a cost share disbursement tracking and accounting
database based on contract numbers , property owners ' tax I . D .
numbers in order to effectively monitor funding 'status .
7 . Maintain files of the Best Management Practice Certification
and Request for cost - share Payment Form and invoices , and
canceled checks for each property owner .
8 . Submit invoices in accordance with the contract to the FDACS .
Invoices shall reference the contract number , and shall be
submitted in duplicate .
10 . Invoices shall be submitted with a detailed summary of
expenditures , including but not limited to ; property owner ,
amount disbursed and date of payment .
11 . Provide a copy of the Best Management Practice Certification
and Request for cost - share Payment Form , Verification of BMP
Implementation Form , invoices , and canceled checks to the
FDACS for each property addressed in each submitted invoice .
12 . Provide the assistance of the Contractor ' s technician for
matters related to this program as required .
13
q � r� �,,,h.ic tY"3 �t ,�^ '�'r fy`{' v""V 4 �� n �y,,�,��,,,�,�"•"' �,��§•
s 5""em.'�I `'N'-�.d .i°'_.''r'•- ` �'•' ���s`�P p* AR,yi- � � a�J ' + S .Sw fs •� �a �^
cx c '""' hY- r•Tr sa'� r+ s.,�x..,t #�° *rt"'K' • �� ',�4 d i" ��.
a j b•r• �•`..y, +.�+ �a� e3•.t'_"_ � �4 � { a t. a a, �syr#yy,�,r�e� �'�.,,#�'.
wu4IIt;g
� +s ci =.i.�S.a��'i�F:�z��1+4"'�^`.w a t�'�.�_�s-v„s„�at \ ���'� �;6''pyy-< 7�`,4`/. �.e yrt,.�•�•:
3 ..':tfi `� A1' �h` '�" f '•rt. _; �'< " d 1. -Y'n '�F>Y. , 2�'�trba.'{�`gg6• Piz .E"'...
'� �h�Y y "'� `j, ASX A•'t§ y ,s J �,. � ad' a t f .r' � Fl . ,l �
tai +mss .2Y to �' -•''-r^ S�'-5 �.w �.► YTf �T
py
It
.... - Y ' a• rn a'..,y.�Y Y�•a• .,.,d,R�a. -'- rt"' . •s '3t Drys ,nA < �.
$�'.^.`r • o`�-:' � °'3 s} �. �c'�"l'�"Y .y2 " F + s^ r M
,fes` F ;. � �' a, � .. of a�y ,L1r'.i'� ..s e•e°*'� t�"a a ta -.riew+ �7 :FE",A v� 'R �.
>; t 1 a•I.t � .+.a-*i ;.y 'v *tc�x y � 'k • �C�$Fw fi a _ + r ,„ ,Ck M ' .-.;.t'4
$ 3 �.?" S�n.lf y 4 �g, � w"--� �y.i �' ' ''C��i,•",�xeh ,f y "., . ,y.�" 5 { ..e a-.'Tp-T,s'F':+s1-r
ar�� �+i�a�-d'�r '� < f� � n'�. .yin:: s.. ,ti-+ s '" � �+"'^ � 'r"•"`'
• fit
Applicant' s Handbook
Indian River Citrus Area
Water Quality/Quantity Protection Program
Table of Contents
Page
1 .0 Introduction 3
2.0 Joint-Agency Water Resource Mandates 3
3 . 0 Purpose of the Program 3
4.0 Key Participating Agencies and Organizations 4
5 . 0 Eligible Practices 4
6. 0 Description of Practices 4
7.0 Individual Program Cost-Share Rates and Alternative 6
Rates for Joint Program Participation
8.0 Application Procedure 7
9.0 Applicant Eligibility 8
10.0 Maintenance Requirements 8
11 .0 Primary Administrative Agencies / Contacts 8
12.0 Local Program Delivery Agencies and Contacts for Each County 9
Appendix A - Application Form 10
Appendix B - Request for Cost-Share Reimbursement Form 11
Appendix C - Map of Program Area 12
CADocuments and Settings\brendad\My Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 2
Handbook Rev Aug 06.doc
1 .0 Introduction
This handbook provides guidance to applicants (grove owners and grove
caretakers) who wish to obtain funding under the Indian River Citrus Area
(IRCA) Water Quality/Quantity Protection Program (WQQPP). It contains the
necessary information to understand the program and the application form.
Specific application procedures to be followed will vary depending on the sub-
region where the land is located and the local organization that has been
contracted to deliver program funds on behalf of the Florida Department of
Agriculture and Consumer Services (FDACS'.).
2.0 Joint-Agency Water Resource Mandates
The St. Johns River Water Management District (District) was created by the
Water Resources Act of 1972 (Chapter 373, Florida Statutes). Section 373 .016
sets forth the District's purpose and scope. Similarly, the Florida Department of
Agriculture and Consumer Services (FDACS) has responsibility under Sections
403 .067 and 570.085 , Florida Statutes. These responsibilities include, but are not
limited to, the following:
a) To provide for the management of water and related land resources;
b) To promote the conservation, development and proper utilization of surface
and groundwater;
c) To develop and regulate dams, impoundments, reservoirs and other works to
promote water storage, for beneficial purposes;
d) To minimize degradation of water resources caused by the discharge of stone
water;
e) To preserve natural resources, fish and wildlife; and,
f) To restore impaired water bodies pursuant to the state' s Total Maximum Daily
Loads program.
3.0 Purpose of the Program
This program has been established to promote agricultural BMPs (refer to Section
5 .0) in the IRCA, in order to achieve the goals and objectives described primarily
in Section 2.0 (b), and to provide an overall water resource benefit to the Indian
River Lagoon (IRL) and Upper St. Johns River (USJR) watersheds. Through the
program, FDACS will provide reimbursement for select agricultural practices that
have potential water conservation, sediment control, and water quality benefits. It
is anticipated that this program will provide area citrus growers with economic
assistance that would facilitate their voluntary implementation of BMPs that
would not otherwise be economically feasible.
CADocumentsand Settings\brendad\MyDocuments\FDACSBMP 2006\Water Quality QuantityApplicanrs 3
Handbook Rev Aug 06.doc
4.0 Key Participating Agencies and Organizations
• Florida Department of Agriculture and Consumer Services (FDACS)
• St. Johns River Water Management District (SJRWMD)
• South Florida Water Management District (SFWMD)
• USDA-Natural Resources Conservation Service (MRCS)
• Indian River Soil and Water Conservation District (IRSWCD)
• University of Florida / Institute of Food and Agricultural Sciences -
Cooperative Extension Service (Indian River County)
• Indian River Board of County Commissioners
• Treasure Coast Resource Conservation and Development Council (TCRC&D)
• Central Florida Resource Conservation and Development Council (CFRC&D)
5.0 Eligible Practices
• On-site Water Detention/Retention
• Conversion / Repair of Flash Board Riser Water Control Structure
• Precision Application Equipment
• Portable Agrichemical Mixing Station
• Chemigation Infrastructure
• Aquatic Weed Barrier
• Permanent Agrichemical Washdown Station
o Water Table Observation Well
• Grade Stabilization Structure
• Conversion to Microirrigation
6.0 Description of Practices
Aquatic Weed Barrier A structure installed upstream of outfall control structures
to reduce offsite discharge of aquatic vegetation and subsequent decay of plant
debris and secondary release of nutrients. Accumulated vegetation should be
physically removed periodically and should not be treated chemically.
Chemigation Infrastructure This practice includes equipment (i.e. pumps,
storage tanks, etc.) that can be used to facilitate the application of fertilizers and
other appropriate chemicals through a micro irrigation system. Chemigation can
be used to improve water quality by minimising the loss of fertilizer and
pesticides during storm events. Drip emitter micro irrigation systems are not
eligible for reimbursement under this category.
Conversion / Repair of Flashboard Riser Water Control Structure Flashboard
risers are used to facilitate water table control in citrus groves. As secondary
benefits, flashboard risers also improve sediment control and water quality. Cost
share is available for conversion to flashboard structures and for the replacement
of existing flashboard structures that are no longer functioning properly.
C:Tocuments and Settingslbrendad\My DocumentslFDACS BMP 2006\Water Quality Quantity Applicant's 4
Handbook Rev Aug 06 .doc
Conversion to Low Volume Irrigation System Converting from high volume
flood (or seepage) irrigation to low volume microirrigation conserves water
improves water quality. With micro-irrigation, water is distributed through a
network of underground pipe and above ground lateral tubing and applied directly
to the soil above the plant ' s root zone. Modifications to existing microirrigation
systems that can be expected to increase system efficiency and reduce offsite
movement of nutrients, pesticides, and sediment are also eligible.
Grade Stabilization This practice includes the use of structures, pipe, concrete,
rock, vegetation, synthetic fabrics, and other materials to maintain the stability
and integrity of soils in ditches, swales, water furrows, and other erosion prone
areas. This practice also includes equipment for chemical mowing of ditch banks
to promote the proliferation of grasses through the exclusion of higher growing
weeds and brush.
On-Site Water Detention/Retention This practice will provide for the attenuation
of both the rate and volume of off-site water and sediment discharge following
heavy storm events. The water may be stored for future use or released off-site
later at reduced discharge rates.
Permanent Agr'ichemical Mixing/Rinsing_Facility and/or Equipment Washdown
Facility This practice provides for the construction of a permanent facility to
contain and recover spillage or rinsate from a fertilizer or pesticide mix and load
area or from an equipment washdown site. It is intended to prevent fertilizer or
pesticide contamination of ground or surface waters. The facility may include a
concrete containment pad, pesticide storage building, sump/pump, rinsate tank,
mixing tank, holding tank, and removable or permanent roof.
Portable Agrichemical Mixing Station A portable device used in the field to
prevent unintentional release of agrichemicals to the environment during mixing
and loading of agrichemicals. The portable device must meet published standards
and specifications (USDA-MRCS Field Office Technical Guide — Interim
Standard, Code 703). The device can be used at more than one citrus grove.
Precision Application Equipment Specialized equipment that allows nutrients
and pesticides to be applied in a precise manner relative to the target of
application. This includes sonic or optical sensors, devices that apply pesticides
in a pre-defined, regulated manner, and equipment that uses GIS technology to
allow application based on a pre-defined map. Precision application equipment
often varies the rate of application, materials used, and location of application to
achieve precise placement of the materials. Through this program, the department
intends to cost share the precision elements of new equipment or retrofits to
existing equipment that are needed to convert a non-precision spreader or sprayer
into a precision spreader or sprayer.
CADocuments and Settings\brendad\My Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 5
Handbook Rev Aug 06 .doc
Water Table Observation Well . This practice facilitates observation of the water
table in a citrus grove and will help the manager to determine when groundwater
levels are optimal. This practice will also improve irrigation efficiency and
conserve water within the USJR and IRL watersheds by providing growers with
an empirical tool to more accurately determine irrigation scheduling needs.
7.0 Individual Program Cost-Share Rates and Alternative Rates for Joint
Program Participation
7A Cost-share funds are available through this program for each of the
practices listed in Section 7.2 below at the designated "program
reimbursement rate". The program reimbursement rate represents the
percentage of the total BMP cost to be paid through the program. Cost-
share may also be available through the USDA-NRCS "Environmental
Quality Incentives Program" (EQIP), and participants are encouraged to
utilize both programs when possible to maximize the distribution of
limited program funds. Those who choose to utilize both programs will
generally be eligible to receive a higher overall rate of cost-share through
a combination of the two programs. The maximum cost-share amount
available from this program is $50,000 per agricultural operation
(individual or business) per fiscal year. Cost-share amounts in excess of
$50,000 are possible when cost-share is received from a combination of
programs as explained in Section 7.3 below.
7.2 Practice Title Maximum Proeram Cost-Share Rate
On-Site Water Retention / Detention 70%
Conversion or Repair of Flashboard Riser Water
Control Structure 75%
Precision Application Equipment 60%
Portable Agrichemical Mixing Station 60%
Chemigation Infrastructure 70%
Aquatic Weed Barrier 70%
Permanent Agrichemical Washdown Station 60%
Water Table Observation Well 75%
Grade Stabilization 75%
Conversion to Low Volume Irrigation System 75%
7.3 When EQIP funds are received to support a practice or group of practices,
the participant is also eligible to apply for program funds. In this
situation, the program will pay up to one half of the grower's remaining
portion of the total project cost, not to exceed the $50,000 annual
maximum the IRCA WQQP Program allows. Distribution of program
funds is based on the most benefit for the lowest cost to receiving water
body, (refer to Section 3 , Paragraph 1 , above).
C :\Documents and Setfings\brendadkMy DocumentsTDACS BMP 2006kWater Quality Quantity Applicant's 6
Handbook Rev Aug 06.doc
8.0 Application Procedure
Step 1 : The applicant should schedule a pre-application meeting with staff of
the local delivery organization covering the County where the farm or
grove is located (see Section 12 entitled "Local Program Delivery
Agencies"). It would be helpful to bring a recent aerial photo showing
the proposed project area, grove block orientation, and layout of the
grove infrastructure (e. g., beds, ditching, pump location, etc.). Your
local Property Appraiser' s office can provide you with the needed
aerial photos.
Step 2 : Complete the enclosed "Application For Cost Share" (Appendix A,
Form 1 ) and submit the application to the appropriate local delivery
organization as identified in Section 12. 0 below.
Step 3 : If the request is approved, the applicant should consult with the local
SWCD/NRCS office (or contractor of their choice) for the
development of a project plan to include the design, cost estimate, and
an operation and maintenance (O&M) schedule. The project plan
should then be submitted to the appropriate local delivery organization
identified in Section 12.0.
Step 4 : A cost share agreement (to be provided by the local delivery
organization) will be signed by the applicant and executed by the local
delivery organization. Execution of the contract shall serve as
authorization to proceed with practice implementation in accordance
with the agreement.
Step 5 : Participant will notify program staff of project completion and
schedule an inspection to verify that the practice has been installed or
constructed in accordance with the project plan.
Step 6: The participant will submit a "Request for Cost Share Payment"
(Appendix B, Form 2), (including copies of all applicable receipts for
work completed) to the appropriate local delivery organization.
Step 7: The applicant will follow the O&M schedule provided for each
practice. Program staff will periodically conduct site visits to verify
that the O&M schedule is being followed. Program participants will
be required to reimburse the state on a pro-rated basis for cost-share
funding received for any practice that is improperly maintained,
removed, or destroyed before the end of the maintenance period (see
Section 10. 0, Maintenance Requirements) .
C:\Documents and settings\brendadVdy Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 7
Handbook Rev Aug 06.doc
9.0 Applicant Eligibility
To be eligible for funds under, this program, grove owners must have all
applicable permits, pursuant to Chapter 40(X)-2, F.A. C . (Consumptive Use
Permit), Chapter 40(X)-4, F.A. C. (Environmental Resource Permit), or Chapter
40(X)-44, F.A. C. (Agricultural Surface Water Management Systems Permit) .
Grove "caretakers" (who do not own the land where BMPs are to be
implemented) are also eligible for cost share if they meet the eligibility criteria of
the local delivery organization and file a notice of intent with the landowner' s
signature. Participation in this program is open to all eligible applicants without
regard to race, color, religion, national origin, age, sex, marital status, and mental
or physical handicap.
10.0 Maintenance Requirements
The following practices must be properly maintained and operated for the number
of years listed below.
Practice Maintenance
I.D. # Practice Title Period
IR- 1 Aquatic Weed Barrier 3 Years
IR- 2 Chemigation Infrastructure 5 Years
IR- 3 Conversion / Repair of Flash Board Riser 5 Years
IR- 4 Grade Stabilization 5 Years
IR- 5 On-site Water Detention/Retention 10 Years
IR- 6 Perm Agrichemical Mixing/Washdown Facility 10 Years
IR- 7 Portable Agrichemical Mixing Station 5 Years
IR- 8 Precision Application Equipment 5 Years
IR- 9 Conversion to Microirrigation 10 Years
IR- 10 Water Table Observation Well 1 Year
11 .0 Primary Administrative Aeencies / Contacts Phone Number
Florida Department of Agriculture and Consumer Services :
(Tallahassee) (850) 488-6249
Carol Johnson (Palatka) (386) 329-4500
James (Jody) Lee (Palatka) (386) 329-4500
St. Johns River Water Management District:
Vince Singleton (Palatka) (386) 329-4197
Victor McDaniel (Orlando) (407) 897-4313
Troy Rice (Palm Bay) (321 ) 984-4938
CADocuments and setbngstbrendadNy Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 8
Handbook Rev Aug 06.doc
12.0 Local Program Delivery Agencies / Contacts for Each County
County Local Delivery Oreanization Contact Phone
Indian River Indian River SWCD Brenda Davis (772) 770-5005
USDA / NRCS Kay Nickel (772) 461 -4546
Martin/St. Lucie/ Treasure Coast RC&D Donna Smith (772) 467-9779
Okeechobee
Brevard East Central Florida RC&D Laura Morton (941 ) 723-3252
USDA / NRCS David Millard (321 ) 633- 1702
Volusia / Florida Association of Travis Davis (850) 623-0030
Palm Beach RC&D Councils
CADocuments and SettingsWrendad\My DocumentstFDACS BMP 2006\Water Quality Quantity Applicant's 9
Handbook Rev Aug 06 .doc
APPENDIX A Applicant #
Form 1 : Application for Cost Share
(Complete a separate application for each grove / block)
Date :
Owner' s Name :
Business Name:
Mailing Address:
Street Address:
Business Phone:
Email Address:
Grove Name:
Block Number:
Acreage:
Check (J) the boxes below to indicate which practices you are requesting cost-share
assistance for this grove / block.
❑ On-Site Water Retention / Detention
❑ Conversion or Repair of Flashboard Riser Water Control Structure
❑ Precision Application Equipment
❑ Portable Agrichemical Mixing Station
o Chemigation Infrastructure
❑ Aquatic Weed Barrier
❑ Permanent Agrichemical ashdown Station
❑ Water Table Observation Well
❑ Grade Stabilization Structure
❑ Conversion to Microirrigation
Application must include a completed copy of the Notice of Intent to Implement.
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED.
C1Documents and SettingslbrendadWy DocumentsTDACS BMP 20061Water Quality Quantity Applicants 10
Handbook Rev Aug 06.doc
APPENDIX B
Form 2 : REQUEST FOR COST SHARE PAYMENT
THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS
HAVE BEEN IMPLEMENTED IN ACCORDANCE WITH APPLICABLE
STANDARDS AND THAT THESE PRACTICES WILL BE MAINTAINED FOR THE
IDENTIFIED MAINTENANCE PERIOD PURSUANT TO THE "INDIAN RIVER
CITRUS AREA — WATER QUALITY/QUANTITY PROTECTION PROGRAM."
THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OF COST SHARE
REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THE
COST SHARE PERCENTAGES IDENTIFIED IN THE APPLICANTS HANDBOOK.
NAME:
PROJECT REFERENCE #
BUSINESS NAME:
PRACTICE #(s) (REFER TO HANDBOOK) :
DATE WORK COMPLETED:
TOTAL PROJECT COST (INCLUDE COPY OF ALL PAID INVOICES, and COPIES
OF CANCELLED CHECKS) : $
PORTION OF COST SHARE PAID BY GROWER: $
PORTION OF COST PAID BY USDA-EQIP (Include copy of Form 1245): $
PORTION OF COST TO BE PAID BY PROGRAM: $
SIGNATURE OF PARTICIPANT
DATE
CADocuments and Settingslbrendad\My Documents\FDACS BMP 20061Water Quality Quantity Applicants 1
Handbook Rev Aug 06.doc
5
T 4
� �
h�
r F
i
® � • � t I 4
t
da
_ i d• # �
J p
r e,
r
Flf
If
A
d
r:
EXHIBIT B
'Exhibit B'
Application Evaluation Review Sheet
Applicant Name: Premier Citrus
Address: Address: 1970 122nd AVE, Vero Beach , FL 32966
Tract Number(s): ITraGt 1 & 2
Field Number(s):
Date: I July 6, 20061 1
VI. Review Summary:
Land Use/Field : Acres :
Micro-Irrigated Citrus Grove 1 606. 83
Best Management Practices Applied For:
Install 9 FBR H2o Control Structure.
Total BMP Costs: 75% Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost:
$61 , 700 $46,275 225 205.67 $ 15,425
VII. Remarks :
VIII. Designated Conservationist:
I A -10- 0 (0
(Sign re) I Date: (Checked By) Date:
IRSWth Board Af vat ale
A N11
9
( pplicant Signature) Date
Priv 4e Act Statement: The f ing statements are made in accordance with the Privacy Act of 1974 (5U .S.C. 522a).
The authorities for requesting the information to be applied on this form are: 16 U .S.C. 590a-f (Soil and Water Conversation);
16U .S.C. 3801 at seq. (Food Security Acto of 1985, as ammended), and the regulation promulgated lheruder. The information
requested is necessary for the evaluation of an application, development and implementation of a conservation plan as the
basis for satisfying program eligibility and compliance requirements, and for providing technical education, or financial assist-
ance under the previously mentioned authorities. Furnishing this information is voluntary; however, failure to furnish correct,
complete information will result in the withholding or withdrawal of such technical, educational, or financial assistance. This
information may be fumished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or the other
State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal.
IRSWCD
Page 3 ( 10-26-01 )
Exhibit B
OPERATION AND MAINTENANCE PLAN
STRUCTURE FOR WATER CONTROL
COOPERATOR: Premier Citrus DATE : 08/25/2006
ADDRESS: _1970 122°" Avenue, Vero Beach, FL 32966
PRACTICE LOCATION: SECTION 08 TOWNSHIP 33S RANGE 38E FIELD NO. 2
GENERAL
A properly operated and maintained structure for water control is an asset to your farm. This structure
was designed and installed to safely convey water at condition that will prevent erosion. The estimated
life span of this system is at least 5 years. The life of this system can be assured and usually increased
by developing and carrying out a good operation and maintenance program.
This practice will require you to perform periodic operation and maintenance to maintain satisfactory
performance. Here are some recommendations to help you develop a good operation and maintenance
program.
GENERAL RECOMMENDATIONS
• All fences, railings, and/or warning signs shall be maintained to provide warning and/or prevent
unauthorized human or livestock entry.
• Maintain vigorous growth of desirable vegetative coverings. This includes reseeding, fertilization,
and controlled application of herbicides when necessary. Periodic mowing may also be needed to
control height.
• Remove any debris that may accumulate on or in the immediate area of the structure.
• Make sure that all structural drains are functional.
• Determine and eliminate causes of settlement or cracks in the earthen sections and repair damage.
• Repair spalls, cracks and weathered areas in concrete surfaces.
• Repair or replace rusted or damaged metal and paint.
Y Check all valves, gates and other appurtenances for proper functioning. If worn or damaged, repair or
replace following the manufacturer's recommendations.
• Replace weathered or displaced rock riprap to constructed grade.
• Check all timber or lumber sections for decay and other damage, especially sections in contact with
earth or other materials. Repair damaged sections and apply protective coatings as needed.
SPECIFIC RECOMMENDATIONS FOR YOUR INSTALLATION
INSPECTIONS
The practice should be inspected routinely and especially after major rainfall events. All items needing
maintenance should be repaired immediately.
VIOLATIONS
Failure to carry out the O&M required of this practice may result in the reimbursement of Federal cost
share dollars used for installation of this practice.
CONTACT YOUR LOCAL NRCS OFFICE FOR ANY ADDITIONAL TECHNICAL
ASSISTANCE YOU MIGHT NEED FOR IMPLEMENTATION OF THIS O&M PLAN
FOR YOUR STRUCTURE.
USDA-NRCS 2 May 1997
EXHIBIT C
STANDARD TERMS FOR COST SHARE GRANT CONTRACT
1 , Termination: This Contract may be terminated by either party in the event of a
substantial failure by the other party to perform in accordance with the terms of the
Contract upon thirty (30) days prior written notice. In the event the County terminates
this Contract, the Recipient shall return all funds not used as of the date of termination to
the County within ten ( 10) calendar days.
2 . Notices: Any notice, request, demand, consent, approval or other communication
required or permitted by this Contract shall be given or made in writing and shall be
served, as elected by the party giving such notice, by any of the following methods:
( 1 )Hand delivery to the other party; (2)Delivery by commercial overnight courier service ;
or (3)Mailed by registered or certified mail (postage prepaid), return receipt requested at
the addresses of the parties shown below:
County:
Indian River Soil & Water Conservation District
Brenda Davis
1028 — 20* Place, Suite A
Vero Beach, FL 32960
Recipient :
Premier Citrus
Attn: Kevin Bynum
1970 122°d Avenue
Vero Beach, FL 32966
3 . Federal and State Taxes: The County is exempt from payment of Florida State Sales
and Use Taxes. The Recipient shall be responsible for payment of all federal, state, and
local taxes and fees incurred in connection with this Contract.
4. Venue: Choice of Law: The validity, interpretation, construction, and effect of this
Contract shall be in accordance with and governed by the laws of the State of Florida,
only. The location for settlement of any and all claims, controversies, or disputes, arising
out of or relating to any part of this Contract, or any breach hereof, as well as any
litigation between the parties, shall be Indian River County, Florida for claims brought in
state court, and the Southern District of Florida for those claims justifiable in federal
court.
5 . Entirety of Agreement : This Contract incorporates and includes all prior and
contemporaneous negotiations, correspondence, conversations, agreements, and
understandings applicable to the matters contained herein and the parties agree that there
1
e
are no commitments, agreements, or understandings concerning the subject matter of this
Contract that are not contained herein. Accordingly, it is agreed that no deviation from
the terms hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment or alteration
in the terms and conditions contained herein shall be effective unless contained in a
written document signed by both parties.
6. Severabilitv: If any term or provision of this Contract or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Contract, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Contract shall be deemed valid and
enforceable to the extent permitted by law.
7. Captions and Interpretations: Captions in this Contract are included for convenience
only and are not to be considered in any construction or interpretation of this Contract or
any of its provisions. Unless the context indicates otherwise, words importing the
singular number include the plural number, and vice versa. Words of any gender include
the correlative words of the other genders, unless the sense indicates otherwise.
2