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HomeMy WebLinkAbout2006-006 I -3- ola FFlorida Department of Agriculture i 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 services 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 1 I -3- ola FFlorida Department of Agriculture i 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 services 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 1 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 2 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 2 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 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 3 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 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 3 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 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 terms of 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 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 terms of 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 ( 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 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 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 , Environmental Specialist II , and is located at P . O . Box 26 , Howey in the Hills , Florida 34737 , telephone number ( 352 ) 324 - 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 F AGRI T AND CONTRACTOR : NS R SE ES MIKE GR SHAM , DIRECTOR CHAIRMN , DIVISION OF ADMINISTRATION INDIAN RIVER BOARD OF COUNTY COMMISSIONERS January 3 , 2006 DATE DATE 59 - 6000674 Contractor ' s Social Security or FEID Number DACS - 01085 01 / 05 , ir8tor0 tCot - X � C ,. 8 substitute for that clause or requirement and be binding on all parties to this contract . The Contract Manager for the Department is Carol Johnson , Environmental Specialist II , and is located at P . O . Box 26 , Howey in the Hills , Florida 39737 , telephone number ( 352 ) 324 - 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 F AGRI T AND CONTRACTOR : ':, ; . NS R SE ES � . • , . ` ., � ` � � lh"�1 MIKE GR SHAM , DIR CTOR CHAZ&M N , DIVISION OF ADMINISTRATION INDIAN �rRIVER,;BOARDjOF COUNTY 8 COMMISSfQ9EFk, . Attlr�c � �.�'` . January 3 , 2006 DATE DATE 59 - 6000674 Contractor ' s Social Security or FEID Number DACS - 01085 bPPROVEM 01 / 05 _ County Adm rator a4 p , u50 S TO FOR ;ASsiwfANTC0UNTYATT l7 !. CY M RIAN F , . LL ORNEY R GRANT ATTACHMENT " A " 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 & Agricultural 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 GRANT ATTACHMENT " A " 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 & Agricultural 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 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 NRCS / 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 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 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 NRCS / 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 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 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 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 11 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 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 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 11 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 more 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 BMP Implementation Form ( Attachment C ) . 12 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 more 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 BMP Implementation Form ( Attachment C ) . 12 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 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 . 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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 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 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 aid 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 he 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 . 4. 0 Key Participating Agencies and Organizations 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 aid 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 he 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 . 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 / Repair of Flash Board Riser Water Control Structure • Conversion to Low Volume Irrigation System • Grade Stabilization • On-site Water Detention/Retention • Permanent Agrichemicai 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 micro irrigation system . Chemigation can be used to improve water quality by minimizing 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 . 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 • 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 / Repair of Flash Board Riser Water Control Structure • Conversion to Low Volume Irrigation System • Grade Stabilization • On-site Water Detention/Retention • Permanent Agrichemicai 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 micro irrigation system . Chemigation can be used to improve water quality by minimizing 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 . 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 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 USDPcNRCS "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 Program Cost-Share Rate Aquatic Weed Barrier 75 % Chemigation Infrastructure 70% Conversion / Repair of 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. 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 USDPcNRCS "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 Program Cost-Share Rate Aquatic Weed Barrier 75 % Chemigation Infrastructure 70% Conversion / Repair of 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 % underground pipe and above ground lateral tubing and applied directly to the soil above the plant ' s root zone . Modifications to existing microirdgation 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 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 ( USDArNRCS 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 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 . underground pipe and above ground lateral tubing and applied directly to the soil above the plant ' s root zone . Modifications to existing microirdgation 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 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 ( USDArNRCS 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 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. 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 ) . 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 C & 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 ) . 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 ) . 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 C & 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 ) . 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 / Repair of 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 Perm . Agdchemical Mixing /Washdown 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 : Carol Johnson ( Palatka ) (386 ) 329 -4500 James (Jody) Lee ( Palatka ) ( 386 ) 329 -4500 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 / Repair of 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 Perm . Agdchemical Mixing /Washdown 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 : 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 ) 8974313 Troy Rice ( Palm Bay ) ( 321 ) 984 -4938 12. 0 Local Program Delivery Agencies / Contacts for Each County County Local Delivery Organization Contact Phone Indian River Indian River SWCD James Kari (772) 770- 5005 USDA- NRCS Clare Nichols ( 772 ) 562 - 1923 Martin/St. Lucie/ Treasure Coast RC & D Donna Smith (772) 461 -4546 Okeechobee Brevard East Central Florida RC & D Steve Cox (407) 443-2689 USDA- NRCS David Millard (321 ) 633- 1702 Volusia/ Florida Association of Travis Davis ( 850 ) 623 -0355 Palm Beach RC & D Councils St . Johns River Water Management District : Vince Singleton ( Palatka ) ( 386 ) 329 -4197 Victor McDaniel ( Orlando ) (407 ) 8974313 Troy Rice ( Palm Bay ) ( 321 ) 984 -4938 12. 0 Local Program Delivery Agencies / Contacts for Each County County Local Delivery Organization Contact Phone Indian River Indian River SWCD James Kari (772) 770- 5005 USDA- NRCS Clare Nichols ( 772 ) 562 - 1923 Martin/St. Lucie/ Treasure Coast RC & D Donna Smith (772) 461 -4546 Okeechobee Brevard East Central Florida RC & D Steve Cox (407) 443-2689 USDA- NRCS David Millard (321 ) 633- 1702 Volusia/ Florida Association of Travis Davis ( 850 ) 623 -0355 Palm Beach RC & D Councils APPENDIX A Form 1 : Application for Cost Share ( Complete a separate application for each grove/block ) Date .- Owners ate :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 / Repair of 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 ❑ IR - 7 Permanent Agrichemical Mixing/Washdown Facility ❑ IR - 8 Portable Agrichemical Mixing Station ❑ IR - 9 Precision Application Equipment ❑ IR - 10 Water Table Observation Well Application must include a completed copy of the Notice of Intent to Implement. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED . APPENDIX A Form 1 : Application for Cost Share ( Complete a separate application for each grove/block ) Date .- Owners ate :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 / Repair of 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 ❑ IR - 7 Permanent Agrichemical Mixing/Washdown Facility ❑ IR - 8 Portable Agrichemical Mixing Station ❑ IR - 9 Precision Application Equipment ❑ IR - 10 Water Table Observation Well Application must include a completed copy of the Notice of Intent to Implement. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED . APPENDIX B - REQUEST FOR COST SHARE PAYMENT THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS HAVE BEENIMPLEMENTED IN ACCORDANCE WITH APPLICABLE STANDARDS AND THAT THESEPRACTICES WILL BE MAINTAINED FOR THE IDENTIFIED MAINTENANCE PERIODPURSUANT TO THE " INDIAN RIVER CITRUS AREA — WATER QUALITY/QUANTITYPROTECTION PROGRAM . THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OFCOST SHARE REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THECOST 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 INVOICES ) : $ 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 APPENDIX B - REQUEST FOR COST SHARE PAYMENT THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS HAVE BEENIMPLEMENTED IN ACCORDANCE WITH APPLICABLE STANDARDS AND THAT THESEPRACTICES WILL BE MAINTAINED FOR THE IDENTIFIED MAINTENANCE PERIODPURSUANT TO THE " INDIAN RIVER CITRUS AREA — WATER QUALITY/QUANTITYPROTECTION PROGRAM . THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OFCOST SHARE REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THECOST 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 INVOICES ) : $ 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 fJ1�'r'_tj� � a1'y }Zf ]�. ) lF '7 •ca 7"5'�Y •^ � V�r� t 's� 2 11 + �7ft� t4}L,. .{f� � n ,..7 1 y iR i J` t ty 7`{ 1 �r,3,5 s4�1 +^�+ ,�( } yf Nt4 Mr{ i' Ol {, �4� .lye • ft yL1 �'� t �. Y . � ! I .: K - l91 � �'M .4ita + J Yw y(' t l _ ' f Ti1L71i r 1 f 4 Jt�Yy P,,. .4 4'S Tps •'�Y Iy i S.S. POP POP M F 9t P . 0% wyii♦ S �� C OR ol raoiey S nii•�! s�,;.T£-r',Y��iejf��. V. . r, TPIP 7 *�J d. $I�'tkw VAC�IxvY. ��.if tY L • Y t � i. � �i� �° �Y. ' t>• Y� '~ ai t� f V Ty - { < t 4 JOPP PIP i AlPIP, r �.( + ' { r r .•. • L• V TY1. `4 i PIP It- A moi.. 4 PP%PP � i � ,. PP ., P P PPl G h, 'lL ! S 1 SA Ilk Id It 4k V r tt 1, J ♦ � 4 ,JC � qty 'e. 1 c K f fJ1�'r'_tj� � a1'y }Zf ]�. ) lF '7 •ca 7"5'�Y •^ � V�r� t 's� 2 11 + �7ft� t4}L,. .{f� � n ,..7 1 y iR i J` t ty 7`{ 1 �r,3,5 s4�1 +^�+ ,�( } yf Nt4 Mr{ i' Ol {, �4� .lye • ft yL1 �'� t �. Y . � ! I .: K - l91 � �'M .4ita + J Yw y(' t l _ ' f Ti1L71i r 1 f 4 Jt�Yy P,,. .4 4'S Tps •'�Y Iy i S.S. POP POP M F 9t P . 0% wyii♦ S �� C OR ol raoiey S nii•�! s�,;.T£-r',Y��iejf��. V. . r, TPIP 7 *�J d. $I�'tkw VAC�IxvY. ��.if tY L • Y t � i. � �i� �° �Y. ' t>• Y� '~ ai t� f V Ty - { < t 4 JOPP PIP i AlPIP, r �.( + ' { r r .•. • L• V TY1. `4 i PIP It- A moi.. 4 PP%PP � i � ,. PP ., P P PPl G h, 'lL ! S 1 SA Ilk Id It 4k V r tt 1, J ♦ � 4 ,JC � qty 'e. 1 c K f substitute for that clause or requirement and be binding on all parties to this contract . The Contract Manager for the Department is Carol Johnson , Environmental Specialist II , and is located at P . O . Box 26 , Howey in the Hills , Florida 39737 , telephone number ( 352 ) 324 - 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 F AGRI T AND CONTRACTOR : ':, ; . NS R SE ES � . • , . ` ., � ` � � lh"�1 MIKE GR SHAM , DIR CTOR CHAZ&M N , DIVISION OF ADMINISTRATION INDIAN �rRIVER,;BOARDjOF COUNTY 8 COMMISSfQ9EFk, . Attlr�c � �.�'` . January 3 , 2006 DATE DATE 59 - 6000674 Contractor ' s Social Security or FEID Number DACS - 01085 bPPROVEM 01 / 05 _ County Adm rator a4 p , u50 S TO FOR ;ASsiwfANTC0UNTYATT l7 !. CY M RIAN F , . LL ORNEY R