HomeMy WebLinkAbout2003-037K. 6. T � �
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COST SHARE GRANT CONTRACT � r
This Cost Sh4x.e- Grant Contract ( " Contract" ) entered
into as of itG`
03 by an between ndian River County , a
political subdivision of the 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 adequacywf0 which are hereby
acknowledged , the parties agree as fo
se
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 ) bythe Recipient shall
implement , estab ish , 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
BOAznet;hwReac
I IONERS
Attest : J . K . Barton , Clerk
By :
, C,'haairm n
Y
Deputy Clerk
Approved by :
mes E . Ch dler
Ou nty Administr r
Inahn Alm Cn Approved Dale
Bange rin. Ar
ntyAttorney
RECIPIENT : o �4nife FRee Arj Corn n LLe - Alexander)) effi& t
White Face Acres Company , LLC - Alexander Kromhout
Signature •
Title * rill <
4
OPERATION AND MAINTENANCE PLAN
ONSITE WATER DETENTION / RETENTION
COOPERATOR: Ir..��/T�` � ze5 (2 � l C DATE : X003
ADDRESS : 611111 l02 7! �
PRACTICE LOCATION : SECTION -� TOWNSHIP 3Z S RANGE 3 7 FIELD NO * 1:: Al l �-S•
GENERAL
A properly operated and maintained onsite water detention/retention system (OWDR) is an asset to
your farm. The OWDR was designed to attenuate 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.
The estimated life span of this system is at least 10 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 operations to maintain satisfactory performance .
Here are some recommendations to help you develop a good operation and maintenance program.
GENERAL RECOMMENDATIONS
Periodic removal of sediment may be necessary to maintain the effectiveness of this OWDR.
Maintain vigorous growth of desirable vegetative cover on the side slopes. This includes re-
seeding, fertilization, and controlled application of herbicides when necessary. Periodic mowing
may also be needed to control height .
Immediately repair any vehicular damage that may occur around the OWDR.
Make sure the structure for water control(s) are functional and sediment is not being allowed to
pass through them.
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 operation and maintenance required of this practice may result in the
reimbursement of the FDACS cost share dollars used for the installation of this practice .
1 11 1 111
FOR
ADDITION TEC�INICONTACT THE CA�L ASSISTANCE OYOU MAY NEED IL & WATER CONSERVATION
IWLEMENTATION OF THIS
O & M PLAN.
Form date Jaauary 2003.
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Cont'd from pg 2 .
Application Evaluation Review Sheet
Applicant Name : App . #1 , Whiteface Acres
Address: 4150 11 Place S .W. Vero Beach , Fl . 32978
Tract Number(s) :
Field Number(s) : 4-Jan
Date : Nov . 16 , 2002
�.andeUse/Fi Use/Field : Acres :
Micro-Irrigated Citrus Grove 60
Best Management Practices Applied For:
1 • 8 ite [Nater Dpten ion / Reten inn
it- inn
TotaEBMP Costs: 70% Cost Share : Div By Total Eval Points : J] Applicant's Score: Applicant Cost:
8Cost $6 , 122 100 61 . 22
VII. 'remarks :
Vlll'. Deifinated"Donto»yvationiswt:
(Signature) Date: (Checked By) Date:
IRS D Board oval Date
(Ap`pTcant 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 . 590a-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 agencies , or in response to orders of a court, magistrate , or administrative tribunal .
IRSWCD
Page 3 ( 10-26-01 )
a
EXHIBIT C
STANDARD TERMS FOR COST SHAME 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
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 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 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 .
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EXHIBIT A
�• °-;,
Florida Department of Agriculture
and Consumer Services
Division of Administration
CHARLES H, BRONSON CONTRACTUAL SERVICES AGREEMENT
CO�IAIISSION ER
This AGREEMENT ,
made and entered into this day of
by and between the DEPARTMENT OF AGRICULTURE
ndian River Board of
ANDCONSUMER SERVICES , State of Florida , and the I
County Commissioners , the CONTRACTOR .
Agreement shall be in effect from
CONTRACT PERIOD : This
the date of execution for a period of three years .
The Contractor agrees to provide all deliverables as
stipulated in the Scope of Work , hereby incorporated by
reference as an attachment .
The six digit Department of Management Services ' class /
group code commodity catalog control number is : 973300
The Department of Agriculture and Consumer Se1ofstwenty
pay the Contractor in arrears as follows : an advance
five percent of the first ear funds willab with ethedbalance to
ct
Contractor at the execution of this contr
be paid upon submission of inut11 i 11 o 11 ns11 widllonotices antherexceedrS250 , 000 per
documentation . Total distrib
year , including not more than a 5 % administration costS 81 to be
dispersed to and
the Indian River 01
inisteredWunderCvation thisraareement .
District for each contract adm
Bills for any authorized travel expenses shall be submitted
1
and paid in accordance with the rates speentsebytheeState for
112 . 061 , Florida Statutes , governing p ym
travel expenses . Authorization for travel expenses must be
specified in the paragraph for payments directly above .
Bills for services shall be submitted in triplicate to
and Consumer Services ,
Office of
Department of Agriculture
Agricultural Water Polic , 1203 G32301 � rinsdeaailBsuffici = r. t for
Suite 200 , Tallahassee , Florida ,
a proper pre - audit and post - audit thereof .
Florida Statutes , provides that agencies
Sec . i 215 . 422 , goods and
have five ( 5 ) working days to in .. pect and approve
services , unless bid specifications or the purchase order
1
■ Y
L � : = e o _ ion
_ fies otherwise . Wish xc p -
spec ' medical , or other he . lt care
care providers for hospi � al , � _ S „ r � ,d
services , if payment is not
ava - fable within 40 das � rm ` na ~ c � a �
from the latter of the date the invoice is receive . o - r ^ r _ _
or services are received , inspected and approve ,
a se :. a -
interest penalty set by the � o «p = roller pursuant = c A ; -
Section 55 . 03 , Florida Statutes , will be due and . a .Y
addition to the invoice amount .
To obtain the applicable
interest rate , please contact the Agency ' s Fisca ^ Sec = � on at
( 850 ) 488 - 2020 or Purchasing Office at ( 850 ) 488 - 755 � ` O
0 _
y
Paments to health care providers for hospit4 _ s , T � d � ne
aJ � r
other health care services , shall be made not more thar: d35
from the date eligibility for payment is determine: , an
a
daily interest rate is . 03333 percent .
Invoices returned to a vendor due to preparation errors
Invoice payment reqn
uiremet = do
will result in a payment delay *y •
ompleted invoice is provided to the
not start until a properly c
agency .
A Vendor Ombudsman has been established within the
Department of Banking and Finance . The duties of this individual
s who be
include acting as an advocate for i � a ent ( s ) from a State
experiencing problems in obtaining time _ y payment ( s ) from
agency . The Vendor Ombudsman may be contacted at
( 850 ) 488 - 2924 or by calling the State Comptroller ' s Hotline ,
1 - 800 - 848 - 3792 .
The Department may make partial payments to the Contractor
upon partial delivery of
services when � a regU2stp � OVeaupy the
partial payment is made gay the Con _ _ act. or and ap _
Department *
cancelled by eitrer party giving 30
This contract may be
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
S . 119 . 07 ( 1 ) , Florida Statutes .
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
Y
V
.,. n - he initial contract . There shall be only one
con . ract unless the -failure to meet the criteria set
the contract for completion of the contract is due tc
bevcnd the control of the Contractor . If initially cope = "7e '
procured , contracts for contractual services may be renewer on a
yearly basis for no more than two ( 2 ) years , or for a perio : no
longer than the term of the original contract , which = - .7er period
is longer . Renewal of a contract for contractual services sha1 /
be in writing and shall be subject to the same terms and
conditions set forth in the initial contract . Renewals sr: al = be
contingent upon satisfactory per -formarLce evaluationsb _✓ the
Agency
It is mutually understood and agreed that this contract is :
A . Subject to the provisions of Section 287 . 058 , Flor _ da
Statutes , and the State of Florida ' s performance and
obligation to pay under this contract is continger_ t
upon an annual appropriation by the Legislature as
provided in Section 287 . 0582 , Florida Statutes .
B . Subject to the approval of the State Comptroller
( Department of Banking and Finance ) .
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 t :~ie
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 tc
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 . Nonsta : _
entity means a local governmental entity , nonpro77t
Y
Y
organisation , or for - profit oraa .iisatlCTi r =
r
state resources * Recipient means a e . . . . .
that receives state financial assistance direr =
a state awarding agency .
Anfi expends a total
Be In the event that the Recipi . _ _ _
of state financial ass ' stance equal to or in = xoess o =
$ 300 , 000 in any fiscal year of such Recipier _ = e -
or pro — = ' S .
= c - - - -
Recipient must have a state single v � - -
audit conducted for such fiscal year in arc rdan � e
with Section 215 . 97 , F . S . , applicable rules of
Executive Office of the Governor , rules of the
Comptroller , and Chapter 10 . 600 , rules of the
General . In determining the state financial - � - Qr
assistance expended in its fiscal year , the Rec - =
shall consider all sources of state financ _ al
assistance , including state funds received from this
Department resource , except that state financia -
assistance received by a Nonstate entity for federal
financial assistance and state matching requlre .= e. ._ = s
shall be excluded from consideration .
Co Audits conducted pursuant to Section 215 . 97 , F . S . ,
shall be : ( 1 ) performed annually , and ( 2 ) corduc = ed 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
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records by the state awarding agency , the Comptro � �
or the Auditor General .
E . If the Nonstate entity does not meet the threshc - d
requiring the state single audit , such Nonstate entity
must meet terms and conditions specified in this
written agreement with the state awarding agency .
F . Each state awarding agency shall :
( 1 ) �- information needed b the
Provide � o a Re . � pien ,
Recipient to comply with the requirem = : = s c -
Section 215 . 97 , F . S .
. Require the Recipient , as a condition: o "
( _ ) q to a . 1 :
receiving state financial assistarc ? , ,. d
the state awarding agency , the Compt ~' lj z = �
the Auditor General access to the Rec � p1eT s
ent ' s independent audi '- or
records and the Recipi ' s
working papers as necessary for complying with
the requirements of Section 215 . 97 , F . S . The
ent
Recipient is required to retain suffic = I
records demonstrating its compliance with the
r� eement for a period of three
terms of this ag
years from the date the audit trep
ofoAgrlculturert is dand
and shall allow the Deparment
Consumer Services or its designee , access to such
records upon request .
( 3 ) Notify the Recipient that Section 15 . 971the F . S . ,
does not limit the authority
awarding agency to conduct or arrange for the
conduct of additional audits or evaluations of
or limit taut
state financial assistance
Generalhethe � hority
of any state agency Inspector
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
reportingSection
package
215 . 97 , F . S . The financial
means the nonstate entities ' financial
statements , Schedule of State Financial
Assistance , auditor ' s. reports , management letter ,
auditee ' s written responrofcorrective
Prioraction
rs '
plan , correspondence on follow - up
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 :
( a ) The Department of Agriculture
and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee , Florida 32399 - 0800
5
. ( 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
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 : FRoDEdaf 33727Floriaattelephone, 12425 8number
Street , North , St . Petersburg ,
( 813 ) 572 - 1987 .
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 ,
for the
may not submit a bid on a contract with a public entity
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 informedDepartment
unauthorized aliens
consider the employment by any Contractor
a violation of Section 274A ( e ) of the Immigration and
Nationalization Act . Such violation shall be cause for
unilateral cancellation of this . 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
6
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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
substitute for that clause or requirement and be binding on all
parties to this contract .
The Contract Manager for the Department is Wm . Mark
Jennings and is located at 1203 Governors Square Boulevard ,
Suite 200 , Tallahassee , Florida , 32301 , ( 850 ) 488 - 6249 .
The Contract Manager for the Contractor is Liberta Scotto and is
located at Indian River County Cooperative Extension Service. 1028 270 Place, Suite D ,
Vero Beach Florida 32960-5360 (561 ) 770-5030 .
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Signed by parties to this agreement :
Department of Agriculture And Indian River County , Florida
Consumer Services Board of County
Commissioners :
Mr . Mike Gresham /�f.
Director of Administration Ms . Ruth M . Stanbr : age
Chairman
BCC Approved : April 2 , 2002
Attest : Jeffery K . Barton ,
Date Clerk of Circuit Court
Ms . Patricia M . Ridgely ,
Deputy Clerk
County Attorney
Approved as to form and Legal
Sufficiency
Jr . James E . Chandler
ounty Administrator
Date
596000674
DACS - 01085 Contractor ' s FEID Number
05 / 01
8
SCOPE OF WORK
PROJECT TITLE : Indian River County Citrus Best Management Practices
BACKGROUND ,
Nlanv activities such as urban development , agriculture, industry, and regional water
management have impacted the water quality of the Indian River Lagoon ( M ) and the Upper
St . John ' s River (USJR) . Segments of these waterbodies 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 IRI, 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 & Agricultural Sciences (UF/IFAS ) , Florida Department of Agriculture and
Consumer Services (FDACS ), and state and regional regulatory agencies compiled a "living "
document entitled, " Water Oualitu Quantity Best Management Practice 's (BVfPs) , for Indian
River Area Citrus Groves '
PROJECT SUMMARY :
This project will provide Indian River County citrus growers with technical support in the
identification on BMPs and financial support for the implementation of BMPs . In order to reach
Indian River County citrus growers in a timely manner, the opportunity for cost sharing will be
advertised through a variety . of methods (newsletters, web sites, newspaper articles, phone calls ,
etc . ) . Staff from the Indian River Soil and Water Conservation District (IRSWCD ) and,'or the
USDA :Natural Resources Conservation Service (MRCS ) District Conservationist will meet with
prospective candidates to assess their needs with respect to the program objectives .
IRSWCD will assist each applicant in conducting a " self assessment" for each grove that is
included in the cost share application. This assessment will utilize the Grower Best Allanagement
Practices Checklist (Attachment A) developed by the Indian River Citrus Area Best
Management Practices Implementation Committee . Once the appropriate practices have been
identified for each grove, the IRSWCD will identify those practices that are eligible for cost
share in the Applicants Handbook titled Indian River Area Water Quality Ouantitht Protection
Program (Attachment B ) .
While participation in this program is not contingent upon participation in any Consen -ation
Program administered by the USDA, enrollment in one or more of these programs is encouraged .
For those growers that choose to participate in a USDA Conservation Program, a Conservation
Plan for each grove will be developed by the IRSWCD in cooperation with the MRCS once the
applicant has been approved . This plan will include but is not limited to nutrient management,
pesticide management, irrigation water management, technical information and design .
0 ; /05'0 1
V
PROJECT DESCRIPTION :
Objectives :
1 . To educate the Indian River Countv citrus growers about water quality issues , the role of
BMlPs in improving water quality , and BMP implementation .
2 . To increase the acreage of citrus under BMP implementation in Indian River County .
3 . To provide technical and financial assistance to Indian River County growers for the
implementation of BMPS .
4 . To reduce the potential for pollutants from citrus groves entering the IRL and USJR
watersheds .
Scope of Work :
In an effort to reach Indian River County citrus growers in a timely manner, the opportunity for
cost sharing will be advertised through a variety of methods (newsletters , web sites , newspaper
articles, phone calls, etc . ) . Interested growers will meet with the Water Quality Extension Agent
to receive a copy of the BMP Manual , view a BMP video , and discuss the importance of BMPs
in affecting water quality improvements in the Indian River Lagoon and Upper St . Johns
Watersheds .
Growers who choose to participate in this Indian River Area Water Quality/Quantity Protection
Program must submit an application to the IRSWCD . IRSWCD will then assist each applicant in
conducting a "self assessment" for each grove that is included in the cost share application . This
assessment will utilize the Grower Best Management Practices Checklist.
Once the appropriate practices have been identified for each grove, the IRSWCD will identify
those practices that are eligible for cost share in the Applicants Handbook . The Applicant
Handbooks 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.
Each applicant will provide preliminary designs prepared by one or more of the following : a
private contractor, the NRCS , or the IRSWCD . The applicant will solicit cost estimates for the
preliminary designs and submit them with the designs to the IRSWCD for review and approval .
The IRSWCD will present a list of qualifying projects to the Indian River Board of County
Commissioners (Board) .
Once approved by the Board , the grower must agree to follow an 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 BN/1P . At this point the grower will receive
03 /0 /02
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 IRSWCD/NRCS staff. Routine
consultation with NRCS/IRSWCD staff throughout the installation process is advised .
Once installation is complete the grower shall provide the IRSWCD all of the appropriate
documentation . The IRSWCD will then submit all of the documentation to the Board for
authorization of reimbursement to the grower.
The IRSWCD will 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 date, a summary of the amount of program funds used as non-
federal match, the amount of federal matching funds applied to this program through USDA
conservation programs, and all of the invoices supporting the distribution of proaram funds .
PROGRAM FUNDING PRIORITIES :
Project funds for each year will be distributed to applicants based upon the Environmental
Benefits Index (EBI) ranking delineated below.
Environmental Benefit Index
BMP 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
DELIVERABLES :
1 . Quarterly reports as described above will be provided to the FDACS Project Manager in
hard copy and electronic format .
2 . A detailed Final Annual Report will be provided to the FDACS Project Manager in hard
copy and electronic format . This report will consist of a detailed summary of the
information included in the quarterly reports and an assessment of the overall success of
the program .
03 /05/02
WORKPLAN :
Task 1 Advertisement and Application of Project/Funding . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Month 1 -2
Task 2 — Cost- Share Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 - 10
Task 3 — Quarterly Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . Months 3 , 6 , and 9
Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Final 2 Months of
Contract
PROJECT MANAGER:
Liberta Scotto, Extension Agent H
Indian River County Cooperative Extension Service
1028 20`h Place, Suite D
Vero Beach, FL 32960 - 5360
561 - 770-5030
COOPERATING AGENCIES :
Florida Department of Agriculture and Consumer Services
Office of Agricultural Water Policy
1203 Governor' s Square Blvd .
Tallahassee, FL 32301
850488 -6249
USDA-Natural Resources Conservation Service
1028 20'' Place, Suite A
Vero Beach, FL 32960- 5360
561 - 5624923
Indian River Soil and Water Conservation District
1028 20'' Place, Suite A
Vero Beach, FL 32960- 5360
561 - 770- 5005
University of Florida Institute of Food & Agricultural Sciences
Indian River County Cooperative Extension Service
1028 2e Place, Suite D
Vero Beach, FL 32960- 5360
561 - 770- 5030
03 /0-!02
FISCAL AGENT:
Indian River Board of County Commissioners
1840 25h Street
Vero Beach, FL 32960
561 -567-8000
PROJECT BUDGET:
CATEGORY ANNUAL
BMP Installation Cost- Share $ 237, 500
5% Administration 127500
TOTAL $ 250,000
03/ 11/02
ATTACHMENT " A "
CITRUS GROWER BEST MANAGEMENT PRACTICES CHECKLIST
The following checklist is designed to assist Indian River Area Citrus Growers in identifring the
most approp^ate Pest
Management Practices (BMPs) or group of strategies for their specific site and growing conditions . The results should be kept
on
file and revieNT ed annually to determine if progress is being made in reducing off site discharges of sediment . pesticides . .aitrients.
and aquatic plants . Providing the information requested below for the Introduction section is not mandator,- . but
listing :his
voluntan• information will help the grove manager select BNIPs that are appropriate for their specinc _roT, e onfiguration .
I. INTRODUCTION :
A . Name and Location :
1 . Grove Name :
? . Legal Description : (Tsp . . Sec . Rang )
3 . Size (acres) and Varieties including rootstock :
4 . Number of trees per acre :
5 . Physical Structures including wells :
a . Location and capacity of Reservoirs :
b . Discharge locations :
c . Control Stractures :
B . Specific Information :
1 . Maps including soil type : (please attach)
a . GPS maps preferred
b . Other map types such as aerial maps or site maps showing grove features
? . Characteristics of known soils .
a. Predominant soil type (series) :
b . Texture , & Percent Organic Matter :
(°io sand , silt , clay )
3 . Irrigation and Drainage information
a . Single row beds with swales : (width and type )
b . Double row beds : (width and type )
c . Other bed configuration :
d . Microjet, Drip , Overhead, or flood irrigation :
e . Dimensions of drainage ditches and amount of water contained :
f. Pump capacity outflow/intake :
* '`ote : A N-es answer for any survey question indicates that the grove being surveyed is in compliance
with the
referenced ENDS . A no answer indicates that the referenced BIN/Ms would improve the environmental performance of the
grove. but implementation of all BNIPs so referenced is not required. Review BMPs listed for questions that
«-ere
ars« eyed no Select specific BMPs from those indicated by a no answer that are appropriate for application to the
grove unit surveyed. These BMPs to be implemented should be listed in the "B?N4Ps . . . that grove management agrees to
imt)lement . " section. Use the comment section at the end of this document ( Section VII ) to explain why certain BNIPs
from questions that were answered " no" will not be implemented. The comment section can also be used to elaborate on
any items or questions that may be unclear or ambiguous , or to explain particular grove conditions . Comments should be
referenced to the specific section and question number of the survey . N/A may be used if the question or section does not
appi , to that particular grove .
1
II. WATER VOLUME : Yes No BMPs
Irrigation Practices:
1 ) . Are irrigation events scheduled based on :
• evapotranspiration (ET) = Al . D15
• rainfall events , �J Al , D15
• and/or other scientific data ? - Al ., D15
Infrastructure:
2 ) . Are existing canals and ditches maintained periodically ? _ A7 , B7
? ) . Can on- site detention or storage be provided using the present - _ A6- 7 9
system of canals and ditches ?
4) . Is there an on- site reservoir? A9
Drainage ?Management:
5 ) . Are pumps and/or discharge structures setup to achieve uniform J
drainage throughout the Grove ?
6) . Are drainage events managed according to a Drainage
Management Plan?
Water Table Management:
7) . Are groundwater Ievels monitored to meet tree water demands
and prevent root pruning by :
• soil moisture probes Al - 2 , 5 - 6
• tensiometers Al - 21 - 6
• water table observation wells �! Al - _ , = - 6
2
III. SEDIMENT * Yes No B .NIPs
Drainage Structures:
8 ) . Are culverts with functional riser/sinker boards installedLi B 1
on appropriate lateral and side ditch connections ?
9) . Are the culvert structures properly installed and maintained ? E, 0 B 1
Ditch Infrastructure
10 ) . Are there settling basins or sumps to trap sediment at field ditch ! 0 B2
connections to laterals and other main canals prior to discharge ?
11 ) . Are these basins maintained at an appropriate frequency ? 0 B2
12) . Are ditches and canals constructed with proper side I] B3
bank stabilization methods ; i . e . sloping or shoring ?
Ditch Rlanaa ement:
13 ) . Is vegetative cover maintained near canal or ditch banks ? 0 0 134 , B5
14) . Are there vegetative buffer strips maintained near environmentally 0 B4
sensitive lands ?
15 ) . Are measures taken to prevent side-bank erosion due to the flow 0 0 B8
of water directly down the sides of the banks (i . e . berms) ?
16 ) . Are riprap, concrete headwalls, sandbags, or wingwalls 0 0 B9
used to protect canal banks from erosion?
Bed/Furro}v Rlanagetnent:
17) . Are water furrows properly shaped and grassed to prevent erosion, 0 0 13101 Al -4
rutting, and other problems that may result in excess sediment
transport off= site ?
18 ) . Is a narrow herbicide band maintained with a width appropriate 0 0 1311
for the size of the trees?
19) . Are vegetated water furrows, drain tiles, and settling basins used 0 0 BIO- 14
to insure minimum movement of sediment to off-site water bodies ?
Construction Activities:
20) . Are measures taken to prevent erosion (sediment loss) during 0 0 BIO, 15
earth-working activities (i . e . , hay bales or ribbon turbidity barriers) ?
3
IV. PESTICIDES : Yes No BAlPs
Equipment Afaintenance:
21 ) . Is all pesticide application equipment properly calibrated and � ? C .) 7, 10
maintained ?
Education and Training:
22 ) . Are regularly scheduled training sessions held for spray applicators C5 , 16
and others responsible for applying, handling, mixinJloading
and recommending pesticides ?
23 ) . Is this training documented? 0 Lj CS
24) . Does this training accommodate speakers of other languages ? 0 ❑ C5
25 ) . Are pesticide labels and label updates discussed periodically 0 �1 C54 10
with your employees?
26) . When discussing pesticide labels is particular attention paid to 0 0 C5 , 10
the "Environmental Hazards" section?
27) . Are applicators trained to control and contain spilled pesticides ? 0 u C5 , 7
Pollution Prevention and Preparedness:
28 ) . Is a written contingency plan readily available in the event u u C57 7
of a chemical spill, and are all employees familiar with this plan ?
29) . Are the necessary materials maintained onsite for use in spill 0 C7 , 17
response involving small incidents (i . e . , absorbent materials,
recovery drums, PPE, and tools) ?
30 ) . Are routine inspections of the pesticide storage area conducted 0 ❑ C5 , C17
to check for leaks and spills ?
31 ) . Are reusable mini-bulk containers stored in an area contained to 0 0 C17
prevent runoff into streams, ditches, or wellheads ?
32 ) . Are excess spray solutions containing pesticides managed 0 u C17 - 18a
properly, either by using as the diluent in another application
or by applying it to a target site at labeled rates ?
33 ) . When possible, do you return unopened, unused pesticides ❑ ❑ C18a
in their original container to your local agrichemical dealer?
34) . Is the pesticide storage facility clearly marked and provided 0 ED C17
with fire extinguishers ?
4
IN ' . PESTICIDES (continued ) : Yes No BMPs
Application Methods:
35 ) . Are appropriate measures taken to ;educe spray drift using :
• nozzle selection C1
• spray pressure C1
• drift reducing adjuvants = Cl
windbreaks C1
• and/or other drift control materials ? C1
36 ) . Are pesticides applied only when wind speeds are less than 10 mph ? J C _'
37 ) . Is the efficiency of pesticides maximized by timing applications C2
based on anticipated weather conditions and irrigation events ?
38 ) . Are sprayer nozzles turned off at the trunk of the last tree within '� 0 a- d
rows , with end trees being sprayed by making a last pass around the
outside perimeter of the block with only the inside nozzles turned on
(wrapping) ?
39 ) . Are the last three rows of trees sprayed windward of waterways � C - 3e
using nozzles on one side only, with spray directed away from
aquatic areas ?
40 ) . Are all of the required records for pesticide applications, i L C16
including date, time, location of treatment , target site, crop,
total area, brand name, EPA Registration number, total amount , and
method of application recorded by a certified applicator?
41 ) . Are records and copies of current pesticide labels filed conveniently :1 C16
where they can be easily retrieved, or are they posted at a central
location or on a permanent internet web site?
42) . Are all agrichemicals stored in a locked facility? L C17
43 ) . Does this facility have a concrete floor with a 4 " lip ? �7 C17
44) . Axe the materials segregated by type (herbicides , fungicides , I L C17
and insecticides) ?
45 ) . Are all stored pesticide materials properly labeled ? �:1 C17
46 ) . Is an accurate inventory kept of all crop protection products ? 1:1 - C5 , 16 - 17
Mixing and Loading .4ctiritics:
47) . Is application equipment washed on a concrete pad with a sump, 7
C11
and is the wash-water collected and reused in other applications ?
48 ) . Are anti- siphoning devices, artesian pressure, or other measures 77 C12
utilized to prevent back siphoning of pesticides into ditches , canals ,
or wells ?
49 ) . If pesticides are mixed at or near the same site year after year, is C 13 a
there a concrete pad with a sump to minimize contamination from
small spills and leaks ?
50 ) . Are wellheads properly elevated or grouted = C 13 a-b
to prevent contamination of wells during pesticide
mixing/loading operations ?
5
IV . PESTICIDES ( continued ) : Yes \ o BMPs
.'Mixing and Loading Actiivities (continued) :
51 ) . Are mi%Aoad stations located where runoff will not carry _ - C 13a - b
spilled chemicals into surface water bodies ?
52 ) . Is there a system of portable mix/load stations or water only - _ C13b
nurse tanks, and are they moved frequently ?
53 ) . Is secondary containment provided to reduce contamination C13a - b
due to small spills ?
54 ) . Are jet - rinse nozzles or some other method used at your mix/load =i C13 - 14
sites to insure that used pesticide containers are properly rinsed ?
55 ) . Are triple rinsed containers punctured and stored properly 17 C14
(e . or . , in a covered, locked shed ) prior to disposal or recycling ?
56 ) . Are these containers then burned onsite in small batches ( i . e . , less 1:1C14 18
than 500 lbs . )
Lztegrated Pest Afanagement:
57 ) . Are a combination of control measures used targeting specific C6
pests and diseases , including mechanical, cultural , biological,
and chemical systems (i . e . Integrated Pest Management) ?
58 ) . Are precision application techniques, such as Global ! C8
Positioning Systems, infrared imaging, or other advanced
sensing devices used when applying crop protection products ?
59 ) . Is soil pH maintained at a level that reduces the solubility of free J C9
copper ions (which otherwise may be transported off- site) ,
where this pH level will not hinder optimum crop production?
60 ) . Are specific factors of both the target area, such as the soil type, J C15
and the leaching and runoff potential of the pesticide to be applied
considered when selecting a chemical for a specific pest ?
V. NUTRIENTS : Yes No BMPs
Education and Training:
61 ) . Are field operators or sub - contractors of fertilizer application - = DI
equipment properly trained in the handling. loading, and calibration
of spreaders and other equipment ?
62 ) . Is this training documented? = DI
61 ) . In general are the recommendations of the University of Florida ' s - - D2 . 6 . 1 -% l 8
Institute of Food and Agricultural Sciences ( SP - 169 ) followed "
Pollutiun Preitention :
63 ) . Is dry fertilizer stored in an area that is protected from rainfall ? D8
64 ) . Are stationary liquid fertilizer tanks stored on a concrete slab ? D8
65 ) . Are leaks from pipes, valves , equipment, or tanks repaired promptly ? 7 - D5 , 9
66 ) . Axe bulk trailers parked away from canals , ditches , or wells (as - D 1 n - 12
much as is practicable) to avoid contaminating adjacent water bodies
durng loading operations ?
67) . Is spilled fertilizer transferred to application equipment _ D9
and applied to the target area?
68 ) . Is a tarpaulin or other containment measure used to minimize - D9
spillage when loading and unloading dry fertilizers ?
69) . Is the site used to load and unload fertilizer moved frequently ? D9 , 11
70 ) . . Are check valves used to prevent backflow when pumping surface Dl 0 12
or well water to mix with fertilizer for fertigation?
71 ) . Are anti- siphoning devices , artesian pressure or D1 ~
other measures installed to prevent back siphoning into canals ,
ditc ., es or wells when mixing nutrient sources for foliar application ?
72 ) . Are fertilizer applications managed to protect environmentally - D 13 , 16 , 18
sensitive areas by using :
• controlled release fertilizers J D13 , 18
• frequent low concentration fertigation events D 13 , 18
• multiple applications a D13 , 18
• variable rate technology ? D 13 18
73 ) . Are vegetative filter strips maintained in or adjacent to _ = D14
environmentally sensitive areas ?
74 ) . _-ire organic matter amendments (e . g . , Class A sludge or other - D 2b , 16
approved organic matter sources ) an integral part of the nutrient
management program ?
75 ) . Are old unused wells plugged ( decommissioned ) ? D17
7
V. NUTRIENTS ( continued ) , Yes \ o BAIPs
Sampling and Anahisis:
76 ) . Is there a nutrient management plan that allows for optimum crop - _ D2
production based on soil , water, and plant sample analyses ?
7 7 ) . Is there a program of annual soil , leaf tissue and irrigation water
sampling, analysis and interpretation to formulate a nutrient
recommendation based on crop response ?
78 ) . Axe the samples obtained in precisely the same Iocation each year ? = D2 - 3
Equipment Maintenance:
79 ) . Is the machinery designed to apply fertilizers properly calibrated , = D4 - 5
maintained and operated, so that the desired rates are consistent
with the form and sources of nutrients ?
Application Aletltods:
80) . Are nutrients placed directly on the root zone of trees , within the = D5 - D6
drip - line, on the high side of the bed , carefully avoiding placement
in the furrow or ditch ?
81 ) . Are "high risk" fertilizer applications (such as prior to a storm, �i D7
on bare soils with a high potential for erosion, or when
the water table is at or near the surface) avoided ?
82 ) . When applying foliar fertilizers is care taken to minimize drift ? � J D 13
83 ) . are a combination of liquid , dry, or foliar feeding used to maximize I _ D2 . 18 15 . 18
plant uptake and minimize losses of nutrients ?
Storage and Handling:
84 ) . If equipment or bulk trailers containing fertilizers are parkedU Dl , 8 - 9, 11
overnight is adequate security provided ?
8
VI. AQUATIC PLANTS : Yes No BAIPs
Structures.
85 ) . Are ditches maintained to prevent aquatic plants from clogging ❑ EI - 3
discharge structures ?
86 ) . Are measures taken top revent floating vegetation from clogging 0 11 E1
culvert riser structures?
87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes D 0 El
used to limit the movement of aquatic weeds and debris from canals
and ditches to off- site waterways ?
88 ) . Are fish barriers used to contain grass carp within targeted ditches ? 0 17 E2
Strategies:
89) . Are mechanical harvesters used to remove aquatic weeds from 0 0 E1
ditches or canals ?
90) . Are biological control agents such as flea beetles, hyacinth weevils, 0 0 E2
or grass carp used to manage aquatic weeds ?
91 ) . When selecting aquatic herbicides for target species is mode of 0 0 E3
action, residual toxicity, and potential for offsite movement considered ?
92) . Are appropriate measures taken to control drift and place the desired 0 u E3
chemical on the weed to be eliminated whether it is submersed,
emergent or floating?
9
VII. CONCLUSION AND RESOLUTION :
Assessment conducted by (print name) :
Signature :
Grove representative ( if different from above):
Signature :
Date :
Comments :
BMPs (selected from the BMPs indicated by no answers) not currently in place that
grove management agrees to implement:
11 / 16/01 Tom & Doug
11 /20/01 dgs corrections and formatting, etc
11 /30/01 dgs corrections as per 11 30 01 meeting
12/ 11 /01 dgs corrections as per Rich Budell
12/ 17/01 dgs corrections as per 12 14 01 field test
12/ 18/01 Tom & Doug corrections as per 12 14 01 field test
10
ATTACHMENT 1
DRAFT
Indian River Citrus Area
Water Quality/Quantity
Protection Program
Applicant ' s Handbook
March 18 , 2002
• 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
Revised OS. 21 !02 2
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 farm 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 storm
water;
e ) To preserve natural resources , fish and wildlife ; and ,
f) To restore impaired waterbodies 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 .
Revised 03 ;'21 /02 3
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 ( NRCS)
• 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
• Aquatic Weed Barrier
• Chemigation Infrastructure
• Conversion to Flash Board Riser Water Control Structure
• Conversion to Low Volume Irrigation System
• Grade Stabilization
• On -site Water Detention/Retention
• Permanent Agrichemical Mixing Facility and/or Equipment Washdown Facility
• Portable Agrichemical Mixing Station
• Precision Application Equipment
• Water Table Observation Well
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 microirrigation system. Chemigation can be used
to improve water quality by minimizing the loss of fertilizer and pesticides during
storm events . Drip emitter microirrigation systems are not eligible for
reimbursement under this category .
Conversion to 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
Revised 03/21 /02 4
• available for conversion to flashboard structures and for the replacement of existing
flashboard structures that are no longer functioning properly .
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 Agrichemical Mixing/Rinsing Facility and/or Equipment Washdown
Facilily 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- NRCS 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.
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
Revised 03/21 /02 5
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
7 . 1 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 Program Cost-Share Rate
Aquatic Weed Barrier 75 %
Chemigation Infrastructure 70 %
Conversion to Flash Board Riser Water 75 %
Control Structure
Conversion to Low Volume Irrigation System 75 %
Grade Stabilization 75 %
On - Site Water Detention/Retention 70 %
Permanent Agrichemical Mixing/Washdown Facility 60 %
Portable Agrichemical Mixing Station 60 %
Precision Application Equipment 60 %
Water Table Observation Well 75 %
7 . 3 When EQIP funds are received to support a practice or group of practices ,
the participant is automatically eligible to receive program funds . In this
situation , the program will pay one half of the grower' s portion of the total
project cost. As an example : If a grower implements an eligible practice that
costs $ 50 , 000 and receives 75 % ( $ 37 , 500) through the USDA - EQIP , the
grower is also eligible to receive a program payment which equals one half of
the grower' s portion of the cost or $6 , 250 . Using this formula , growers can
receive up to 87 . 5 % of the total cost through a combination of both programs .
The process of bidding down , which can be used to increase competitiveness
Revised 03 /211'02 6
Y
under the EQIP program , will result in a lower overall percentages of cost-
share and will increase the percentage to be paid with program funds . As an
example : If a grower implements an eligible practice that costs $ 50 , 000 and ,
for the purposes explained above , bids down the EQIP cost share to 60 %
( $ 30 , 000) the program payment will be 20 % ($ 10 , 000 ) of the total project
cost . Using the bid -down process , the total combined cost share received
for the project was reduced to 80 % or $40 , 000 .
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 Organizations ") .
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
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 7 : The participant will submit a " Request for Payment" (Appendix A , Form 2 ) ,
( including copies of all applicable receipts for work completed ) to the
appropriate local delivery organization .
Step 8 : 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 ) ,
Revise 7
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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 Practice Maintenance
1 , D . # Title Period
IR- 1 Aquatic Weed Barrier 3 Years
IR -2 Chemigation Infrastructure 5 Years
IR - 3 Conversion to Flash Board Riser 5 Years
IR-4 Conversion to Low Volume Irrigation System 10 Years
IR- 5 Grade Stabilization 5 Years
IR- 6 On -site Water Detention/Retention 10 Years
IR-7 Permanent Agrichemical Mixing Facility 10 Years
IR- 8 Portable Agrichemical Mixing Station 5 Years
IR - 9 Precision Application Equipment 5 Years
IR- 10 Water Table Observation Well 1 Year
11 . 0 Primary Administrative Agencies / Contacts Phone Number
Florida Department of Agriculture and Consumer Services :
Alan Peirce (Tallahassee) ( 850 ) 488-6249
Carol Johnson ( Palatka ) ( 386 ) 329 -4500
James Lee ( Palatka) ( 386 ) 3294500
St , Johns River Water Management District:
Vince Singleton ( Palatka ) ( 386 ) 3294197
Victor McDaniel ( Orlando ) (407 ) 8974313
Mark Crosby ( Palm Bay) ( 321 ) 676-6631
Revised 0 �/21 !02 8
i
12 . 0 Local Program Delivery Agencies / Contacts for Each County
County Local Delivery Organization Contact Phone
Indian River Indian River SWCD James Karl (772 ) 770 -5005
USDA- NRCS Clare Nichols ( 772 ) 562- 1923
WAS — Coop . Extension Liberta Scotto (772 ) 770 -5030
Martin/St . Lucie/ Treasure Coast RC & D Donna Smith ( 772 ) 4614546
Okeechobee
Brevard East Central Florida RC & D Steve Cox (407) 443 -2689
USDA- NRCS David Millard ( 321 ) 633- 1702
Volusia/ Florida Association of Cheryl McCrory ( 850 ) 623 -0355
Palm Beach RC & D Councils
Revised 03 /21 /02 9
APPENDIX A
Form 1 : Application for Cost Share
( Complete a separate application for each grove/block)
Owner' s Name :
Business Name :
Mailing Address :
Street Address :
Business Phone :
Email Address :
Grove Name :
Block Number :
Acreage :
Check the boxes below to indicate which practices you are requesting cost-share
assistance for this grove/block .
❑ IR- 1 Aquatic Weed Barrier
❑ IR-2 Chemigation Infrastructure
❑ IR- 3 Conversion to Flash Board Riser Water Control Structure
❑ IR-4 Conversion to Low Volume Irrigation System
❑ IR-5 Grade Stabilization
❑ IR-6 On-site Water Detention/Retention
❑ IRJ Permanent Agrichemical Mixing Facility
❑ IR- 8 Portable Agrichemical Mixing Station
❑ IR- 9 Precision Application Equipment
❑ IR- 10 Water Table Observation Well
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED .
Revised 03/21 /02 10
15
APPENDIX B - Request for Cost-Share Reimbursement
Revised 03/21 /02 11
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