HomeMy WebLinkAbout2007-231A r
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COST SHARE GRANT CONTRACT
This Cost Share Grant Contract ("Contract") entered into as of 2007 by
and between Indian River County, a political subdivision of the &afelof Florida, ("County")
and Matthew Wayne Collier having an address
of 720 NE 3`d Street Pompano Beach, FL 33060 ("Recipient") .
BACKGROUND RECITALS
A. The County has entered into a Contractual Services Agreement with the Florida Department of
Agriculture and Consumer Services ("Department") for the Indian River Citrus Area Water
Quality/Quantity Protection Program [Contract FDACS 012089] ("Cost Share Agreement")
attached hereto as Exhibit A and incorporated herein in its entirety by this reference.
B. Pursuant to the terms of the Cost Share Agreement, the County may enter into contracts with
eligible applicants/recipients for the purpose of partially funding and fully implementing the
agricultural water quality best management practices ("BMP") contemplated in the Cost Share
Agreement and more specifically set forth in the Operation and Maintenance Plan and the
Applicant Evaluation Review Sheet, each of which is attached hereto, collectively referenced as
Exhibit B, and incorporated herein in their entirety by this reference.
C. Recipient has applied to the County for a cost share grant of money ("Grant") to fund, at the
designated "program reimbursement rate" set forth in Exhibit A, and fully implement the BMP
on the terms and conditions set forth herein.
D. The County has agreed to provide the Grant funds to the Recipient to fund, at the designated
"program reimbursement rate" set forth in Exhibit A, and fully implement the BMP on the terms
and conditions set forth herein.
NOW, THEREFORE, in accordance with the mutual covenants hereinafter contained and other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
parties agree as follows:
1 .0 Background Recitals. The background recitals are true and correct and form a material part of
this Contract.
2.0 Cost Share Agreement Requirements. By signing this Contract, the Recipient acknowledges
and agrees that:
(i) the funding source of this Contract is the Cost Share Agreement;
(ii) the Grant pays for only that portion of the cost of the BMP that is set forth on
Exhibit B as the "Cost Share";
(iii) the Recipient is solely responsible for the portion of the cost of the BMP that is set
forth on Exhibit B as the "Applicant Cost";
(iv) certain obligations of the County under the Cost Share Agreement will be
performed by the Recipient and the County, respectively;
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(v) the Recipient shall implement, establish, and complete the BMP
by December 15 , 2007 ;
(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 from the Recipient to the Department on
a pro-rata basis for any Grant funding received for a BMP that is improperly
maintained, removed, or destroyed before the end of the maintenance period set
forth on Exhibit B ;
(viii) the Recipient will control the land upon which the BMP is to be implemented for
the time period set forth in Exhibit B and shall, upon request, provide evidence to
the County demonstrating that such Recipient or the landowner, where applicable,
will control the land for that period;
(ix) the Grant funds shall not be used to lobby the Florida Legislature, the judicial
branch, or an agency of the State of Florida;
(x) the Recipient shall maintain adequate records fully to document the use of the
Grant funds for at least three (3) years after the completion of this Contract, and the
County shall have access to books, records, and documents of the Recipient in
connection with the Grant funds for the purpose of inspection or audit during
normal business hours at the County' s expense, upon five (5) days prior written
notice;
(xi) the Recipient shall comply at all times with all applicable federal, state, and local
laws, rules, and regulations in connection with the BMP;
(xii) the Recipient must have all applicable permits, including, but not limited to, a
County Right of Way Permit, and a Consumptive Use Permit, an Environmental
Resource Permit, or an Agricultural Surface Water Management Systems Permit
pursuant to applicable provisions of the Florida Administrative Code to be eligible
for the Grant;
(xiii) the Recipient has not been placed on the State of Florida convicted vendor list kept
by the Florida Department of Management Services pursuant to Florida Statutes
section 287. 133 ; and
(xiv) the employment by the Recipient of unauthorized aliens is a violation of Section
274A(e) of the Immigration and Nationalization Act, and if the Recipient
knowingly employs unauthorized aliens, such violation shall be cause for unilateral
cancellation of this Contract.
3 . 0 Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and
incorporated herein in its entirety by this reference.
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IN WITNESS WHEREOF, the County and the Recipient have executed this Agreement as of the
date first written above. J
RECIPIENT: Ir d &,- INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS •
Signature: iY/.a o I ! ✓ (
Title: w NLS
Sandra L . Bowden /yWg Chairman
Approved by BCC: 1
/ ()
Attest : J. K. Barto Jerk of Circuit Court
eputy Clerk
Approved:
e
Ja&pe�h A. Baird,
County Administrator
Apprayed as to form
)and les}al ficigncy:
Marian E. Fell
l Assistant County Attorney
Indian River Co. Approved Date
Administrator
i
Legal ' 7
Budget —
Risk Manager
Department
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EXHIBIT A
RECEIVED FEB 017007 0 ( ?_ G 8 9
�v gT� s
Florida Department of Agriculture and Consumer Services
Division of Administration
• �0on �,-ta"� - CONTRACTUAL SERVICES AGREEMENT
CHARLES a . BRONSON
COMMISSIONER
This AGREEMENT , made and entered into this 6th day of
February , 2007 , by and between the DEPARTMENT OF AGRICULTURE
AND CONSUMER SERVICES , State of Florida , and INDIAN RIVER BOARD OF
COUNTY COMMISSIONERS , the CONTRACTOR .
CONTRACT PERIOD : This agreement shall be in effect for a
period of one year ( 1 ) from the date an authorized representative
of the Contractor executes upon signature .
The Contractor agrees to provide the following services :
( 1 ) all services as stipulated in the attached Scope of Work ,
hereby incorporated by reference and ( 2 ) a Closeout Report within
forty-five ( 45) days of contract termination detailing all
receipts ( including interest earned ) , expenditures and remaining
balance . The total amount of any remaining balance stemming from
the initial advance and interest earned must be repaid to the
Department . by attaching a warrant to . the required Closeout Report .
The Department of Agriculture and Consumer Services agrees to
provide the Contractor remuneration for services rendered in an
amount not to exceed $ 50 , 000 including five percent ( $ 2 , 500 ) for
administration , pursuant to the terms and conditions stipulated in
the attached Scope of Work .
The six digit Department of Management Services ` class /
group code commodity catalog control number is : 973360 .
The Department of Agriculture and Consumer Services will pay
the Contractor in arrears as follows : An advance of twenty five
percent upon contract execution with the balance being paid on a
cost reimbursement upon receipt of invoices and appropriate
supporting documentation .
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 .
Page 1 of 17
Bills for services shall be submitted to the Department of
Agriculture and Consumer Services , Attn : Bill Bartnick , 1203
Governors 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 , l - 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
s . 119 . 07 ( 1 ) , Florida Statutes .
Page 2 of 17
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 K 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
Nonstate entities to carry out state projects in
accordance with and subject to requirements of
Page 3 of 17
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 for such fiscal year in accordance with
Section 215 . 97 , Florida Statutes ; applicable rules of
the Department of Financial Services ; and Chapters
10 . 550 ( local governmental entities ) or 10 . 650
( nonprofit and for - profit organizations ) , Rules of the
Auditor General . Exhibit 1 to this agreement indicates
state financial assistance awarded through this
Department resource by this agreement . In determining
the state financial assistance expended in its fiscal
year , the Recipient shall consider all sources of state
financial assistance , including state financial
assistance received from this Department resource , other
state agencies , and other Nonstate entities . State .
financial assistance does not include Federal direct or
pass - through awards and resources received by a Nonstate
entity for Federal program matching requirements .
C . Audits conducted pursuant to Section 215 . 97 , F . S . , shall
be : ( 1 ) performed annually , and conducted by
independent auditors in accordance with auditing
standards as stated in Chapters 10 . 550 ( local
governmental entities ) or 10 . 650 ( nonprofit and for -
profit organizations ) , 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 Recipient expends less than $ 500 , 000 in state
financial assistance in its fiscal year , an audit
conducted in accordance with the provisions of
Page 4 of 17
Section 215 . 97 , Florida Statutes , is not required . 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 . In the event
that the Recipient expends less than $ 500 , 000 in state
financial assistance in its fiscal year and elects to
have an audit conducted in accordance with the provision
of Section 215 . 97 , F . S . , the cost of the audit must be
paid from the Nonstate entity ' s resources ( i . e . , the
cost of such an audit must be paid from the Recipient ' s
resources obtained from other than state entities ) .
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
maintain 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 ,
Page 5 of 17
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 :
( 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 401 , Claude Pepper Building
111 West Madison Street
Tallahassee , Florida 32399 - 1450
G . Any reports , management letters , or other information
required to be submitted to the Department of
Agriculture and Consumer Services pursuant to this
agreement shall be submitted timely in accordance with
Florida Statutes , and Chapters 10 . 550 ( local
governmental entities ) or 10 . 650 ( nonprofit and
for - profit organizations ) , Rules of the Auditor General ,
as applicable .
H . The Recipient shall maintain sufficient records
demonstrating its compliance with the terms of this
agreement for a period of five ( 5 ) years from the date
the audit report is issued , and shall allow the
Department of Agriculture and Consumer Services , or its
designee , Chief Financial Officer , or Auditor
General access to such records upon request . The
Recipient shall ensure that audit working papers are
made available to the Department , or its designee , Chief
Financial Officer , or Auditor General upon request for a
period of five ( 5 ) years from the date the audit report
is issued , unless extended in writing by the Department .
Page 6 of 17
I . The Recipient shall be required to ensure expenditures
of state financial assistance be in compliance with
laws , rules , and regulations applicable to expenditures
of state funds , including , but not limited to , the
Reference Guide for State Expenditures ( DFS ) .
J . The Recipient agrees that this agreement may be charged
only with allowable costs resulting from obligations
incurred during the term of this agreement .
K . The Recipient agrees that any balances of unobligated
cash that have been advanced or paid that is not
authorized to be retained for direct program costs in a
subsequent period must be refunded to the state .
The following provisions of A through H are applicable
regarding the administration of resources provided by the
Department to the Recipient of Federal Funds . Those provisions
are applicable if the Recipient is a state or local government or
a nonprofit organization as defined in OMB Circular A- 133 , as
revised .
A . In the event that the Recipient expends $ 500 , 000 or more
in Federal awards in its fiscal year , the Recipient must
have a single or program- specific audit conducted in
accordance with the provisions of OMB Circular A- 133 , as
revised . Exhibit 1 to this agreement indicates Federal
resources awarded through this Department by this
agreement . In determining the Federal awards expended
in its fiscal year , the Recipient shall consider all
sources of Federal awards , including Federal resources
received from this Department . The determination of
amounts of federal awards expended should be in
accordance with the guidelines established by OMB
Circular A- 133 , as revised . An audit of the Recipient
conducted by the Auditor General in accordance with
provisions of OMB
Circular A- 1331 as revised , will meet these
requirements .
B . In connection with these audit requirements , the
Recipient shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMB
Circular A- 133 , as revised .
C . If the Recipient expends less than $ 500 , 000 in Federal
awards in its fiscal year , an audit conducted in
accordance with the provisions of OMB Circular A- 133 , as
Page 7 of 17
revised , is not required . In the event that the
Recipient expends less than $ 500 , 000 in federal awards
in its fiscal year and elects to have an audit conducted
in accordance with provisions of OMB Circular A- 133 , as
revised , the cost of the audit must be paid from non -
federal resources ( i . e . , the cost of
such an audit must be paid from Recipient resources
obtained from other than Federal entities ) .
D . Copies of reporting packages for audits conducted in
accordance with OMB Circular A- 133 , as revised , and
required by this agreement shall be submitted when
required by Section . 320 ( d ) , OMB Circular A- 133 , as
revised , 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
( b ) The Federal Audit Clearinghouse designated in OMB
Circular A- 133 , as revised ( the number of copies
required by Sections . 320 ( d ) ( 1 ) and ( 2 ) , OMB
Circular A- 133 , as revised , should be submitted to
the Federal Audit Clearinghouse ) at the following
address :
Federal Audit Clearinghouse
Bureau of the Census
1201 East loth Street
Jeffersonville , IN 47132
( c ) Other federal agencies and pass - through entities in
accordance with Sections . 320 ( c ) and ( f ) , OMB
Circular A- 133 , as revised .
E . Pursuant to Section . 320 ( f ) , OMB Circular A- 133 , as
revised , the Recipient shall submit a copy of the
reporting package described in Section . 320 ( c ) , OMB
Circular A- 133 , as revised , and any management letter
issued by the Auditor , to the Department of Agriculture
and Consumer Services at the following address :
The Department of Agriculture
and Consumer Services
Page 8 of 17
509 Mayo Building
407 South Calhoun Street
Tallahassee , Florida 32399 - 0800
F . Any reports , management letters , or other information
required to be submitted to the Department of
Agriculture and Consumer Services pursuant to this
agreement shall be submitted timely in accordance with
OMB Circular A- 133 , as revised .
G . Recipients , when submitting financial reporting packages
to the Department of Agriculture and Consumer Services
for audits done in accordance with OMB Circular A- 133 ,
as revised , should indicate the date that the reporting
package was delivered to the Recipient in correspondence
accompanying the reporting package .
H . The Recipient shall maintain sufficient records
demonstrating its compliance with the terms of this
agreement for a period of five ( 5 ) years from the date
the audit report is issued , and shall allow the
Department of Agriculture and Consumer Services , or its
designee , Chief Financial Officer , or Auditor General
access to such records upon request . The Recipient
shall ensure that audit working papers are made
available to the Department , or its designee , Chief
Financial Officer , or Auditor General upon request for a
period of five ( 5 ) years from the date the audit report
is issued , unless extended in writing by the Department .
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 ) 656 - 0168 .
Page 9 of 17
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 33716 ,
telephone number ( 727 ) 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 , 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 .
Page 10 of 17
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 Bill Bartnick
Environmental Administrator and is located at Office of
Agricultural Water Policy , 1203 Governors Square Boulevard , Suite
200 , Tallahassee , Florida , telephone number ( 850 ) 617 - 1705 .
The Contract Manager for the Contractor is Mark Pomar and is
located at Indian River Soil and Water Conservation District , 1028
20th Place , Suite A , Vero Beach , Florida 32960 .
Signed by parties to this agreement :
DEP TMENT O AGRIC TUBE AND CONTRACTOR
CONS SE ZCES
i na re
Sig ure c Gary C. Wheeler, Chairman
e� Indian River County Board of Commissioners
Tit e / � Attest : J . K. Barton, Clerk
By
Dat Deputy Clerk
59 - 6000674
Contractor ' s Social Security
or FEID Number
oved a/�J�o FFoo}nra d Le al Sufficiency
l IarianE. Fell, Assistant CountyAttomey
proved:
tfc)
Page i l of 17 r r .
sephA. Baird, CountyAdministrator
EXHIBIT - 1
FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING :
NOTE: If the resources awarded to the recipient represent more than one Federal program, provide
the same information shown below for each Federal program and show total Federal resources
awarded
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) —
$ (amount)
COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES
AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS :
NOTE: If the resources awarded to the recipient represent more than one Federal program, list
applicable compliance requirements for each Federal program in the same manner as shown
below.
Federal Program :
List applicable compliance requirements as follows:
1 . First applicable compliance requirement (e. g., what services/purposes resources must be used
for).
2 . Second applicable compliance requirement (e. g. , eligibility requirements for recipients of the
resources) .
3 . Etc.
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding
agency may elect to use language that requires the recipient to comply with the requirements of
applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program I,
the language may state that the recipient must comply with a specific law(s), rule (s), or
regulation(s) that pertains to how the awarded resources must be used or how eligibility
determinations are to be made. The State awarding agency, ifpractical, may want to attach a copy
of the specific law, rule, or regulation referred to.
STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS
AGREEMENT CONSIST OF THE FOLLOWING :
MATCHING RESOURCES FOR FEDERAL PROGRAMS :
NOTE If the resources awarded to the recipient for matching represent more than one Federal
progam,am provide the same information shown below for each Federal program and show the total
State resources awarded for matching.
Page 12 of 17
Federal Program (list Federal agency, Catalog of Federal Domestic Assistance title and number) —
$ (amount)
SUBJECT TO SECTION 215. 97 , FLORIDA STATUTES :
NOTE If the resources awarded to the recipient represent more than one State project, provide the
same information shown below for each State project and show total state financial assistance
awarded that is subject to Section 215. 97 Florida Statutes.
State Project (list State awarding agency, Catalog of State Financial Assistance title and number) —
$ (amount)
Awarding Agency: Florida Department of Agriculture and Consumer Services
Title: Indian River Citrus Cost Share Program
Project Amount: $ 50 ,000
CSFA#: Water Policy Best Management Practices Cost Share - 42 . 017
COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED
PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS :
NOTE: List applicable compliance requirements in the same manner as illustrated above for
Federal resources. For matching resources provided by the Department of "ABC " for Federal
programs, the requirements might be similar to the requirements for the applicable Federal
programs. Also, to the extent that different requirements pertain to different amounts of the non-
Federal resources, there may be more than one grouping (i. e. , 1, 2, 3, etc.) listed under this
category.
NOTE: Section . 40.0(d) of OMB Circular A-133, as revised, and Section 215. 97(5), Florida Statutes,
require that the information about Federal Programs and State Projects included in Exhibit I be
provided to the recipient.
Page 13 of 17
SCOPE OF WORK
INDIAN RIVER CITRUS COST-SHARE PROGRAM
1. PROJECT SUMMARY :
Best management practices (BMP) are those on-farm operational procedures that are designed to
achieve greatest agronomic efficiency in food and fiber production, while limiting the offsite effects
of agricultural operations and simultaneously maintaining an economically viable fanning operation
for the grower. 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 .). The Board of County Commission staff will coordinate with the Indian
River Soil and Water Conservation District (IRSWCD) and the USDA Natural Resources
Conservation Service (NRCS) District Conservationist in meeting with potential candidates to
assess their needs with respect to program objectives . A Conservation Plan for approved applicant
will be developed for the property by the IRSWCD in cooperation with the NRCS . This plan will
include but is not limited to nutrient management, pesticide management, irrigation water
management, and technical information and design
H . BACKGROUND :
The University of Florida (UF), Florida Department of Agriculture and Consumer Services
(FDACS), numerous agencies, and growers , worked together to compile and adopt a "living"
document entitled, "Water Quality/Quantity Best Management Practice' s (BMPs) for Indian River
Area Citrus Groves ." The major categories of emphasis in this manual are : Water Volume,
Sediment Transport, ' Nutrients, Pesticides/Metals, and Aquatic Plants . The BMP document was
created in an effort to educate the growers about the water quality problems occurring in the Indian
River Lagoon (IRL) and Upper St. Johns River watersheds . These waterbodies are listed as
"impaired" under Section 303 (d) of the Federal Clean Water Act (FCWA), which do not meet
applicable water quality standards .
III. DETAILED PROJECT DESCRIPTION :
The objectives of this project are :
1 . To increase the knowledge pertaining to citrus BMP ' s and water quality issues .
2 . To increase the acreage of citrus under BMP implementation in Indian River County.
3 . To reduce pollutant loads to the IRL and Upper St. Johns watersheds .
Scope of Work
1 . In an effort to reach 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 .)
2 . The Indian River County Citrus Cost-Share Best Management Practices (BMP) Program
Procedures (see attached) will be followed by County staff in partnership with IRSWCD and
USDA/NRCS .
Page 14 of 17
IV. INVOICING
Invoices submitted for payment shall include the following documentation: A list of growers
receiving funding and the amount of funds paid to each, the amount of acreage enrolled in cost-
share and copies of checks supporting cost share payments .
V. DELIVERABLES :
• A list of growers receiving funding including the amount of funds received, the amount of
acreage enrolled in cost-share, the amount of acreage enrolled under the FDACS Indian River
Citrus BMP manual, and type of BMP funded will be kept on an electronic format and provided
to the FDACS Project Manager as a part of the quarterly reports, with all this information
included within the final report.
• Overall summary of BMP implementation in Indian River County, which identifies 13MPs and
their funding sources to depict economic partnerships .
• Final annual detailed report of program expenditures and accomplishments.
VI. 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 6 — Review and approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Final 2 months of Contract
Principal Investigator:
• Mark Pomar, Conservation District Coordinator
Indian River Board of County Commissioners
1028 20`" Place, Suite A
Vero Beach, FL 32960
772-770-5005
Fiscal Agent:
Indian River Board of County Commissioners
1840 25`" Street
Vero Beach, FL 32960
772-567-8000
Cooperating Agencies :
• USDA-Natural Resources Conservation Service
1028 20'hPlace, Suite A
Vero Beach, FL 32960
772-562- 1923
• Indian River Soil and Water Conservation District
1028 20th Place, Suite A
Vero Beach, FL 32960
772-770-5005
Page 15 of 17
VII. PROJECT BUDGET :
Category FDACS IRSWCD
BMP Cost-Share $47, 500
Office & Education Equipment
5% Administration $2, 500
TOTAL $ 50, 000 $ 00,000 $ 50,00
Page 16 of 17
Indian River County Citrus Cost-Share
Best Management Practices (BMP) Program Procedures
On behalf of the Indian River Board of County Commissioners , the Indian River Soil and Water
Conservation District is the recognized and designated entity for ensuring that cost share applicants
comply with the procedures outlined below.
1 . Applicant signs a Conservation Application and Agreement with the Indian River Soil and
Water Conservation District (IRSWCD).
2 . Applicant meets with Water Quality Extension Agent to receive BMP Manual, view BMP video
and discuss the importance of BMP in water quality improvement in the Indian River Lagoon
and Upper St. Johns Watersheds .
3 . Applicant applies for BMP cost-share funding consisting of an average of 75 % Florida
Department of Agriculture and Consumer Services (FDACS) funding (a $ 50 ,000 maximum per
applicant), with the balance provided by the applicant.
4 . IRSWCD determines eligibility ranking based on existing and planned enviromnental/natural
resources conservation practices .
5 . The applicant will provide preliminary design(s) prepared by contractor, and/or United States
Department of Agriculture - Natural Resources Conservation Service (MRCS), and/or IRSWCD.
6 . Applicant solicits cost estimate(s) based on preliminary design(s).
7 . Project cost estimate(s) will be returned to the IRSWCD for review.
8 . The IRSWCD presents a list of approved projects that are in full compliance with funding
guidelines , to the Indian River Board of County Commissioners .
9 . A Conservation Plan, including fully developed design(s), will be prepared by IRSWCD/NRCS ,
before installation of practice(s) proceed(s) .
10 . Cooperator agrees, through an Operation and Maintenance Plan , to properly operate and
maintain the BMP(s) for the life span of the practice(s).
11 . Cooperator/contractor installs BMP(s) based on NRCS approved design(s) . Consultation with
NRCS/IRSWCD staff is advised during installation process .
12 . The BMP installation must meet design criteria before it can be certified as complete by
IRSWCD/NRCS technician(s).
13 . Cooperator produces invoices of expenditures to IRSWCD, who submits all documentation to
Indian River County.
14 . Cooperator receives reimbursement from the County with authorization from IRSWCD.
15 . County submits to FDACS , itemized quarterly invoices supporting actual work
accomplishments by the cooperators.
Page 17 of 17
ATTACHMENT " A"
TO SCOPE OF SERVICES
IndianRiver
Water Quality/Quantity
Protection Program
i
n
� � R
Florida Department of . Consumer
Johns
South • . . Water Management District
Applicant' sHandbook
Revised March 27, 11
January 11 •
December 11 •
. . . .
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
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LO Introduction
This handbook provides guidance to applicants (grove owners and grove
caretakers) who wish to obtain funding under the Indian River Citrus Area
(IRCA) Water Quality/Quantity Protection Program (WQQPP) . It contains the
necessary information to understand the program and the application form.
Specific application procedures to be followed will vary depending on the sub-
region where the land is located and the local organization that has been
contracted to deliver program funds on behalf of the Florida Department of
Agriculture and Consumer Services (FDACS).
2.0 Joint-Agency Water Resource Mandates
The St. Johns River Water Management District (District) was created by the
Water Resources Act of 1972 (Chapter 373 , Florida Statutes) . Section 373 .016
sets forth the District 's purpose and scope. Similarly, the Florida Department of
Agriculture and Consumer Services (FDACS) has responsibility under Sections
403 .067 and 570.085 , Florida Statutes. These responsibilities include, but are not
limited to, the following:
a) To provide for the management of water and related land resources;
b) To promote the conservation, development and proper utilization of surface
and groundwater;
c) To develop and regulate dams, impoundments, reservoirs and other works to
promote water storage, for beneficial purposes;
d) To minimize degradation of water resources caused by the discharge of storm
water;
e) To preserve natural resources, fish and wildlife ; and,
f) To restore impaired water bodies pursuant to the state' s Total Maximum Daily
Loads program.
3.0 Purpose of the Program
This program has been established to promote agricultural BMPs (refer to Section
5 .0) in the IRCA, in order to achieve the goals and objectives described primarily
in Section 2.0 (b), and to provide an overall water resource benefit to the Indian
River Lagoon (IRL) and Upper St. Johns River (USJR) watersheds. Through the
program, FDACS will provide reimbursement for select agricultural practices that
have potential water conservation, sediment control, and water quality benefits. It
is anticipated that this program will provide area citrus growers with economic
assistance that would facilitate their voluntary implementation of BMPs that
would not otherwise be economically feasible.
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4.0 Key Participating Agencies and Organizations
• Florida Department of Agriculture and Consumer Services (FDACS)
• St. Johns River Water Management District (SJRWMD)
• South Florida Water Management District (SFWMD)
• USDA-Natural Resources Conservation Service (MRCS)
• Indian River Soil and Water Conservation District (IRSWCD)
• University of Florida / Institute of Food and Agricultural Sciences -
Cooperative Extension Service (Indian River County)
• Indian River Board of County Commissioners
• Treasure Coast Resource Conservation and Development Council (TCRC&D)
• Central Florida Resource Conservation and Development Council (CFRC&D)
5.0 Eligible Practices
• On-site Water Detention/Retention
• Conversion / Repair of Flash Board Riser Water Control Structure
• Precision Application Equipment
• Portable Agrichemical Mixing Station
• Chemigation Infrastructure
• Aquatic Weed Barrier
• Permanent Agrichemical Washdown Station
• Water Table Observation Well
• Grade Stabilization Structure
• Conversion to Microirrigation
6.0 Description of Practices
Aquatic Weed Barrier A structure installed upstream of outfall control structures
to reduce offsite discharge of aquatic vegetation and subsequent decay of plant
debris and secondary release of nutrients. Accumulated vegetation should be
physically removed periodically and should not be treated chemically.
Chemigation Infrastructure This practice includes equipment (i.e. pumps,
storage tanks, etc.) that can be used to facilitate the application of fertilizers and
other appropriate chemicals through a micro irrigation system. Chemigation can
be used to improve water quality by 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.
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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 MixiniVRinsinja 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 wash down 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.
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Water Table Observation Well This practice facilitates observation of the water
table in a citrus grove and will help the manager to determine when groundwater
levels are optimal. This practice will also improve irrigation efficiency and
conserve water within the USJR and IRL watersheds by providing growers with
an empirical tool to more accurately determine irrigation scheduling needs.
7.0 Individual Program Cost-Share Rates and Alternative Rates for Joint
Program Participation
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 Maximum Proeram Cost-Share Rate
On-Site Water Retention / Detention 70%
Conversion or Repair of Flashboard Riser Water
Control Structure 75%
Precision Application Equipment, 60%
Portable Agrichemical Mixing Station 60%
Chemigation Infrastructure 70%
Aquatic Weed Barrier 70%
Permanent Agrichemical Washdown Station 60%
Water Table Observation Well 75%
Grade Stabilization 75%
Conversion to Low Volume Irrigation System 75%
7.3 When EQIP funds are received to support a practice or group of practices,
the participant is also eligible to apply for program funds. In this
situation, the program will pay up to one half of the grower' s remaining
portion of the total project cost, not to exceed the $50,000 annual
maximum the IRCA WQQP Program allows. Distribution of program
funds is based on the most benefit for the lowest cost to receiving water
body, (refer to Section 3 , Paragraph 1 , above) .
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8.0 Application Procedure
Step 1 : The applicant should schedule a pre-application meeting with staff of
the local delivery organization covering the County where the farm or
grove is located (see Section 12 entitled "Local Program Delivery
Agencies"). It would be helpful to bring a recent aerial photo showing
the proposed project area, grove block orientation, and layout of the
grove infrastructure (e.g. , beds, ditching, pump location, etc.). Your
local Property Appraiser's office can provide you with the needed
aerial photos.
Step 2 : Complete the enclosed "Application For Cost Share" (Appendix A,
Form 1 ) and submit the application to the appropriate local delivery
organization as identified in Section 12 .0 below.
Step 3 : If the request is approved, the applicant should consult with the local
SWCD/NRCS office (or contractor of their choice) for the
development of a project plan to include the design, cost estimate, and
an operation and maintenance (O&M) schedule. The project plan
should then be submitted to the appropriate local delivery organization
identified in Section 12.0.
Step 4 : A cost share agreement (to be provided by the local delivery
organization) will be signed by the applicant and executed by the local
delivery organization. Execution of the contract shall serve as
authorization to proceed with practice implementation in accordance
with the agreement.
Step 5 : Participant will notify program staff of project completion and
schedule an inspection to verify that the practice has been installed or
constructed in accordance with the project plan.
Step 6 : The participant will submit a "Request for Cost Share Payment"
(Appendix B, Form 2), (including copies of all applicable receipts for
work completed) to the appropriate local delivery organization.
Step 7: The applicant will follow the O&M schedule provided for each
practice. Program staff will periodically conduct site visits to verify
that the O&M schedule is being followed. Program participants will
be required to reimburse the state on a pro-rated basis for cost-share
funding received for any practice that is improperly maintained,
removed, or destroyed before the end of the maintenance period (see
Section 10.0, Maintenance Requirements).
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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 Maintenance
I.D. # Practice Title Period
IR- 1 Aquatic Weed Barrier 3 Years
IR- 2 Chemigation Infrastructure 5 Years
IR- 3 Conversion / Repair of Flash Board Riser 5 Years
IR- 4 Grade Stabilization 5 Years
IR- 5 On-site Water Detention/Retention 10 Years
IR- 6 Perm. Agrichemical Mixing/Washdown Facility 10 Years
IR- 7 Portable Agrichemical Mixing Station 5 Years
IR- 8 Precision Application Equipment 5 Years
IR- 9 Conversion to Microirrigation 10 Years
IR- 10 Water Table Observation Well 1 Year
11 .0 Primary Administrative A¢encies / Contacts Phone Number
Florida Department of Agriculture and Consumer Services :
(Tallahassee) (850) 488-6249
Carol Johnson (Palatka) (386) 329-4500
James (Jody) Lee (Palatka) (386) 329-4500
St. Johns River Water Management District:
Vince Singleton (Palatka) (386) 329-4197
Victor McDaniel (Orlando) (407) 897-4313
Troy Rice (Palm Bay) (321 ) 984-4938
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12.0 Local Program Delivery Agencies / Contacts for Each County
County Local Delivery Organization Contact Phone
Indian River Indian River SWCD Mark Pornar (772) 770- 5005
USDA / NRCS Kay Nickel (772) 461 -4546
Martin/St. Lucie/ Treasure Coast RC&D Donna Smith (772) 467-9779
Okeechobee
Brevard East Central Florida RC&D Laura Morton (941 ) 723-3252
USDA / NRCS David Millard (321 ) 633- 1702
Volusia / Florida Association of Travis Davis (850) 623-0030
Palm Beach RC&D Councils
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APPENDIX A Applicant # _
Form 1 : Application for Cost Share
(Complete a separate application for each grove / block)
Date :
Owner 's Name :
Business Name:
Mailing Address:
Street Address:
Business Phone:
Email Address :
Grove Name:
Block Number:
Acreage :
Check (J) the boxes below to indicate which practices you are requesting cost-share
assistance for this grove / block.
❑ On-Site Water Retention / Detention
❑ Conversion or Repair of Flashboard Riser Water Control Structure
❑ Precision Application Equipment
❑ Portable Agrichemical Mixing Station
❑ Chemigation Infrastructure
❑ Aquatic Weed Barrier
❑ Permanent Agrichemical ashdown Station
❑ Water Table Observation Well
❑ Grade Stabilization Structure
❑ Conversion to Microirrigation
Application must include a completed copy of the Notice of Intent to Implement.
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED.
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APPENDIX B
Form 2 : REQUEST FOR COST SHARE PAYMENT
THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS
HAVE BEEN IMPLEMENTED IN ACCORDANCE WITH APPLICABLE
STANDARDS AND THAT THESE PRACTICES WILL BE MAINTAINED FOR THE
IDENTIFIED MAINTENANCE PERIOD PURSUANT TO THE "INDIAN RIVER
CITRUS AREA — WATER QUALITY/QUANTITY PROTECTION PROGRAM."
THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OF COST SHARE
REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THE
COST SHARE PERCENTAGES IDENTIFIED IN THE APPLICANTS HANDBOOK.
NAME :
PROJECT REFERENCE #
BUSINESS NAME :
PRACTICE #(s) (REFER TO HANDBOOK) :
DATE WORK COMPLETED :
TOTAL PROJECT COST (INCLUDE COPY OF ALL PAID INVOICES, and COPIES
OF CANCELLED CHECKS) : $
PORTION OF COST SHARE PAID BY GROWER: $
PORTION OF COST PAID BY USDA-EQIP (Include copy ofFom, 1245): $
PORTION OF COST TO BE PAID BY PROGRAM: $
SIGNATURE OF PARTICIPANT
DATE
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APPENDIX
Program Area
13ROGRAMAREA
INDIAN , .
- MARTIN
1 'I M7 1 : 71 - �
MBEACH
LUCIE
j
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EXHIBIT B
Exhibit B'
Application Evaluation Review Sheet
Applicant Name : Matthew Wayne Collier
Address: 720 NE 3rd Street_ Pompano Beach, FL 33060
Tract Number(s): 736
Field Number sl: 504
Date: March 20, 2006
VI. Review Summary:
Land Use/Field : Acres :
Micro-irrigated citrus 80
Best Management Practices Applied For:
2. Conversion to Flashboard Riser
4 structures
Total BMP Costs: 750,6 Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost:
$ 12,2641 $9, 198 100 91 .98 $3 , 066
Vg. Remarks:
Vi8 si ato ervationist:
L n ( 7�
(Si nature) Date: Check By)or 7 Date:
�Allvtezj
% e t1L - 1 .
SWCD Board Approval e
(Applicant Signature5 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 (Sal and Water Conversation);
16U.S.C . 3801 at 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
Exhibit B
OPERATION AND MAINTENANCE PLAN
STRUCTURE FOR WATER CONTROL
COOPERATOR: _Matthew Wayne Collier DATE :
ADDRESS: _720 NE 3r° Street, Pompano Beach, FL 33060
PRACTICE LOCATION : SECTION TOWNSHIP RANGE FIELD NO.
GENERAL
A properly operated and maintained structure for water control is an asset to your farm. This structure
was designed and installed to safely convey water at condition that will prevent erosion. The estimated
life span of this system is at least 5 years. The life of this system can be assured and usually increased
by developing and carrying out a good operation and maintenance program.
This practice will require you to perform periodic operation and maintenance to maintain satisfactory
performance. Here are some recommendations to help you develop a good operation and maintenance
program.
GENERAL RECOMMENDATIONS
• All fences, railings, and/or warning signs shall be maintained to provide warning and/or prevent
unauthorized human or livestock entry.
• Maintain vigorous growth of desirable vegetative coverings. This includes reseeding, fertilization,
and controlled application of herbicides when necessary. Periodic mowing may also be needed to
control height.
• Remove any debris that may accumulate on or in the immediate area of the structure.
• Make sure that all structural drains are functional.
• Determine and eliminate causes of settlement or cracks in the earthen sections and repair damage.
• Repair spalls, cracks and weathered areas in concrete surfaces.
• Repair or replace rusted or damaged metal and paint.
• Check all valves, gates and other appurtenances for proper functioning. If worn or damaged, repair or
replace following the manufacturer's recommendations.
• Replace weathered or displaced rock riprap to constructed grade.
• Check all timber or lumber sections for decay and other damage, especially sections in contact with
earth or other materials. Repair damaged sections and apply protective coatings as needed.
SPECIFIC RECOMMENDATIONS FOR YOUR INSTALLATION
INSPECTIONS
The practice should be inspected routinely and especially after major rainfall events. All items needing
maintenance should be repaired immediately.
VIOLATIONS
Failure to carry out the O&M required of this practice may result in the reimbursement of Federal cost
share dollars used for installation of this practice.
CONTACT YOUR LOCAL NRCS OFFICE FOR ANY ADDITIONAL TECHNICAL
ASSISTANCE YOU MIGHT NEED FOR IMPLEMENTATION OF THIS O&M PLAN
FOR YOUR STRUCTURE.
USDA-NRCS 2 May 1997
EXHIBIT C
STANDARD TERMS FOR COST SHARE GRANT CONTRACT
1 . Termination: This Contract may be terminated by either party in the event of a
substantial failure by the other party to perform in accordance with the terms of the
Contract upon thirty (30) days prior written notice. In the event the County terminates
this Contract, the Recipient shall return all fitnds 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:
( ] )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
Mark Pomar
1028 — 20d' Place, Suite A
Vero Beach, FL 32960
Recipient :
Matthew Wayne Collier
720 NE 3rd Street
Pompano Beach, FL 33060
3 . Federal and State Taxes: The County is exempt from payment of Florida State Sales
and Use Taxes. The Recipient shall be responsible for payment of all federal, state, and
local taxes and fees incurred in connection with this Contract .
4. Venue: Choice of Law: The validity, interpretation, construction, and effect of this
Contract shall be in accordance with and governed by the laws of the State of Florida,
only. The location for settlement of any and all claims, controversies, or disputes, arising
out of or relating to any part of this Contract, or any breach hereof, as well as any
litigation between the parties, shall be Indian River County, Florida for claims brought in
state court, and the Southern District of Florida for those claims justifiable in federal
court.
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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 . Severabilitv: If any term or provision of this Contract or the application thereof to any
person or circumstance shall, to any extent, be held invalid or unenforceable for the
remainder of this Contract, then the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable shall not be
affected, and every other term and provision of this Contract shall be deemed valid and
enforceable to the extent permitted by law.
7. Captions and Interpretations: Captions in this Contract are included for convenience
only and are not to be considered in any construction or interpretation of this Contract or
any of its provisions. Unless the context indicates otherwise, words importing the
singular number include the plural number, and vice versa. Words of any gender include
the correlative words of the other genders, unless the sense indicates otherwise.
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