HomeMy WebLinkAbout2003-037I. COST SHARE GRANT CONTRACT
This Cost ,,S re rant Con Pct ( " Contract" ) entered
into as of
3 by and etween Indian River County , a
political sub ivision of t e State of Florida , ( " County" )
and White Face Acres Co . LLC , having an address of
6380 - 12t Street , Vero Beach , Florida 32966 - 1111
( " 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 FDCAS # 68001 ( " 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
1
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 ;
the Grant pays for only that portion of the
cost of the BMP that is set forth on Exhibit
B as the " Cost Share"
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 ;
( v ) by � ��.�z aezxz the Recipient shall
implement , establish , and complete the BMP ;
( 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 further
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 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
2
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 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 .
3
IN WITNESS WHEREOF , the County and the Recipient have
executed this Agreement as of the date first written above .
INDIAN RIVER COUNTY
BOARD OF OUNTY OM SIONER
Attest : J . K . Barton , Clerk
By :
BY6::: L ') r Kenneth R . Macht , Chai man
r�4r401�z
Deputy Clerk
Approved by :
J mes E . Ch dler Indian River Ca Approved Dat
ounty Admirl'istr o Admin.
Legal PAW
8udPIMM , et
4 - �
PountyAttorney
Bang Dept .
G3
Risk Mgr .
RECIPIENT : Wh ; t- e Face Aeres Company LLC - A ,can& r eromhocLr
White Fad Acres Company , LLC - Alexander Kromhout
Signature :
Title .
L
4
Page / of Z .
OPERATION AND MAI NTENAN Pr AN
IRRIGATION SYSTEM, MICR 0 I R R I GA T I O N
COOPERATOR ,PjW/>F �
,.� DATE �,r{,tivj9/2� 2a0 �
ADDRESS YR3 STi el
G
PRACTICE LOCATION - SEC 3r� T .325 R �_ FIELD NOZ A: c S
GENERAL
A properly operated and maintained trickle irrigation system is an asset to your farm . This
irrigation system was designed and installed to apply irrigation water to meet the needs of the
crops without causing excessive erosion or runoff. The estimated life span of this installation is
at least / 6 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 maintenance and may also require operational
items to maintain satisfactory performance. Here are some recommendations to help you
develop a good operation and maintenance program .
GENERAL RECOMMENDATIONS
• Only operate system when needed to furnish water for plant growth.
• Check to make sure that all connections are water tight and all valves are working properly.
• Make sure that the filter system is working; even if it is automatic, it needs constant
monitoring. Clean filters and make adjustments if needed.
• Periodically examine each emitter for proper operation, replace if defective .
• �, G . N.
• During non-seasonal use, drain and place the removable part of the system in an area where
it will not be damaged .
• Maintain all pumps , agitators, piping, valves and other electrical and mechanical equipment
in good operating condition following the manufacturer's recommendations .
• Immediately repair any vandalism, vehicular or livestock damage.
USDA-NRCS 1 May 1997
Page of
SPECIFIC RECOMMENDATI YOUR TALLATION
If there is ..a pressure relief valve installed at the pump sta .
tion , expect periodic maintenance of it .
That will include
taking it apart and cleaning the surface of the plates to
remove calcium and other build up . Reset the valve by tighten .
ing the nut until it barely stops leaking at the normal operat .
ing pressure .
------------
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 OFFICEFOR ANY ADDITIONAL TECHNICAL
ASSISTANCE YOU MIGHT NEED FOR IMPLEMENTATION OF THIS O& M PLAN FOR
YOUR STRUCTURE .
USDA - NRCS 2
May 1997
Cont'd from pg 2 .
Application Evaluation Review Sheet
Applicant Name : App . #1 , Whiteface Acres
Address : 4150 11 Place S . W. Vero Beach , FI . 32978
Tract Number(s) ,
Field Number(s) :
Date : 12/2/02
Land Use/Field : Acres :
Micro-Irrigated Citrus Grove 79
Best Management Practices Applied For:
1 . Installation of Micro4rregation System ,
Laj..4 49 - 0
j$ 29r625
Total BMP Costs: o Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost:
$137868 79 175 . 54
ll. Aelf!`italls` . i ,.
. .
This cost - share afire ent has been co - funded by the USDA - NRCS ,4nP
program , according to guidelines in the Citrus B Handbootc . FDACS funds
evera e with that ro ram to s read cost - hare u ds further .
�! O 2 O Z
Signature) batJ (Checked By) Date:
r
IRSWC [d Approval Date
Applicant Signature) Date
Privacy Act Statement: The following 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. 59Oa-f (Soil and Water Conversation);
16U .S . C. 3801 et seq. (Food Security Acto of 1985, as ammended), and the regulation promulgated theruder. 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 furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or the other
State or Federal law enforcement a encies, or in response to orders of a court, magistrate, or administrative tribunal.
IRSWCD
Page 3 (10-26-01 )
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 ( IRSWCD )
James Karl
1028 - 20th Place , Suite A
Vero Beach , Florida 32960
Recipient :
White Face Acres Co . LLC
Alexander Kromhout
6380 - 12th Street
Vero Beach , Florida 32966 - 1111
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
1
Y
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 justiciable in federal court .
5 . Entirety of Aqreement : 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 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 . Severability : 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