HomeMy WebLinkAbout2004-180C Y � /
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COST SHARE GRANT CONTRACT
This Cost Share Grant Contract ( " Contract " ) entered into as
of September 22 , 2004 by and between Indian River
County , a political subdivision of the State of Florida , ( " County " )
and Hammond Groves , Inc . having an address of P . O . Box 3278 ,
Vero Beach , Florida 32964 ( " Recipient " ) .
BACKGROUND RECITALS
A . The County has entered into a Cost Share Agreement with
the Saint Johns River Water Management District ( " District " ) for
the Indian River County Citrus Best Management Practices ,
[ Contract # SG469AA , together with all exhibits and attachments
thereto ] ( " 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 water quality best management practices for
Indian River area citrus groves , ( " 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 :
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( 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 ;
( v ) the Recipient shall implement , establish , and
complete the BMP by March 1 , 2005
( vi ) upon completion of installation of the BMP , the
Recipient shall certify and submit all required
invoices for payment for the BMP to the Indian River
Soil and Water Conservation District as agent for
the County under the Cost Share Agreement , and the
Indian River Soil and Water Conservation District
shall submit the invoices to the County for further
processing and payment ;
( vii ) the Recipient shall maintain and replace the BMP for
the required maintenance period set forth in Exhibit
B , and , further , specifically acknowledges that the
Cost Share Agreement requires reimbursement to the
District 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 ;
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( 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 ;
( xiv ) the Recipient is not presently debarred , suspended ,
proposed for debarment , declared ineligible , or
voluntarily excluded from participation in this
transaction by any Federal department or agency ;
( xv ) the Recipient certifies that no grant funds have
been paid or will be paid , by or on behalf of the
Recipient to any person for influencing or
attempting to influence an officer or employee of
any agency , a Member of Congress , an officer or
employee of Congress , or an employee of a Member of
Congress , in connection with the awarding , renewal ,
amending or modifying of any Federal contract , grant
or cooperative agreement ;
( xvi ) if the Recipient fails to carry out the terms and
conditions of this Contract , or if an audit
conducted pursuant to Article XV , paragraph A of the
Cost Share Agreement results in a disallowance of
any costs , the County may require the Recipient to
repay such amounts ; and
( xvii ) the Recipient is obligated to comply with the
requirements of items h ) , i ) , j ) , and k ) of section
6 of Exhibit " C " of the Cost Share Agreement .
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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A �6
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IN WITNESS WHEREOF , the County and the Recipient have
executed this Agreement as of the date first written above .
RECIPIENT : llamfnAnl Crones Me . INDIAN RIVER COUNTY
BOARD OF COUNTY rMMISSIONERS
Signature . I ,
„ AA By :
Title : �1'� Sldl.�Xl� Art ur R . Neub r , , Ci, an
Att J . K . Ba' t Clark
By / sl `
Deputy
BCC approval dates
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Approved .
seph Baird ,
C my Administrator
Approved as to form
nd 1 ufficiency :
n E . ell
Assistant County Atl rney
Indian River Co . Approved Date
Administrator
11
Legal
Budget i �3
Risk Manager
Department
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COST SHARE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER CITRUS BEST MANAGEMENT PRACTICES
THIS COST SHARE AGREEMENT is entered into by and between the GOVERNING BOARD
of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("DISTRICT"), whose address is 4049
Reid Street, Palatka. Florida 32177, and INDIAN RIVER COUNTY ("COUNTY'S, whose address is
1840 25th Street, Vero Beach, Florida 32960,
WITNESSETH THAT:
WHEREAS , DISTRICT is a special taxing district created by the Florida Legislature and given
those powers and responsibilities enumerated in Chapter 373 , Fla. Stat., whose geographical boundaries
encompass the Indian River Lagoon; and
WHEREAS , DISTRICT has determined that its needs will be best served by entering into a
COST SHARE AGREEMENT for services that can be provided by COUNTY.
NOW TIEREFORE, in consideration of the payments here specified and which District agrees to
make, COUNTY agrees to furnish and deliver all materials, to do and perform all work and labor required
to be furnished and delivered, done and performed for Indian River Citrus Best Management Practices,
Contract #SG469AA. COUNTY agrees to complete the Work in conformity with the Contract
Documents and all attachments as defined herein and on file at the St. Johns River Water Management
District. The Contract Documents consist of the following items, including all modifications thereof
incorporated in the Documents before their execution: AGREEMENT; EX MIT "A" — Statement of
Work, EXHIBIT `B " — Comptroller Contract Payment Requirements Department of Banking and
Finance, Bureau of Auditing Manual ( 10/07/97) ; EXHIBIT "C" — U.S. Environmental Protection
Agency ' s (EPA) Special Conditions ; and EXHHiBIT "D" — U.S . Environmental Protection Agency' s
(EPA) Supplemental General Conditions; and all attachments hereto. All attachments and Contract
documents are part of this AGREEMENT as fully and with the same effect as if they had been set forth at
length in the body of this AGREEMENT.
ARTICLE I as STATEMENT OF WORK
All Work will be performed in accordance with EXHIBIT "A", STATEMENT OF WORK,
entitled, "Indian River Citrus Best .Management Practices," attached hereto and by reference made a part
of this AGREEMENT.
ARTICLE II - SCHEDULE OF WORK AND EFFECTIVE DATE
A. The effective date of this AGREEMENT shall be this 1 day of St f"t" Ofl;�'. 2003 .
Be COUNTY will be required to commence work under the Contract within fifteen ( 15) calendar
days after the effective date of the AGREEMENT, to prosecute the Work diligently, and to
complete the entire Work for use within eighteen ( 18) months, unless the date is extended by
mutual agreement of the parties hereto. Time is of the essence.
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ARTICLE III - TERM
This AGREEMENT shall expire at 12: 00 midnight on the sixtieth day after the completion of the
Work in accordance with the date established under ARTICLE II above.
ARTICLE IV - LIABILITY AND INSURANCE
A. Each party to the AGREEMENT is responsible for all personal injury and property damage
attributable to the negligent acts or omissions of that party and the officers, employees and agents
thereof. In addition, each party is subject to the provisions of Section 768 .28, Fla. Stat. ( 1997).
Be If COUNTY fails to comply with any of the terms, conditions, provisions, or stipulations of this
Contract, DISTRICT may avail itself of any or all remedies provided in the Contract and shall
have the right and power to proceed in accordance with its provisions.
co Each party shall also acquire and maintain throughout the term of this AGREEMENT such
general liability, automobile insurance, and workers ' compensation insurance as required by their
current rules and regulations .
D. COUNTY hereby certifies to DISTRICT that the Work to be performed pursuant to this
AGREEMENT does not and will not infringe on any patent rights.
ARTICLE V as RESPONSIBILITIES OF COUNTY
A. COUNTY ' s Project Manager shall be James Karl, Conservation District Coordinator, or his
designee.
Be COUNTY shall follow the verbal and written direction of DISTRICT' s representative assigned to
the work. All work authorized may be stopped by DISTRICT' s representative at any point,
which shall not result in loss of payment to COUNTY for services performed up to the time the
Work has ceased in accordance with this Contract. If COUNTY fails to perform under terms of
this Contract, DISTRICT may elect to have COUNTY cease work until corrections are made at
no additional cost to DISTRICT and with no allowance for extension of time or to terminate if
COUNTY fails or refuses to comply with the terms of this AGREEMENT.
C. Independent Contractor. COUNTY is an independent contractor. Neither COUNTY nor
COUNTY's employees are employees of the DISTRICT. COUNTY shall have the right to
control and direct the means and methods by which the Work is accomplished. COUNTY may
perform services for others , which solely utilize COUNTY's facilities and do not violate any
confidentiality requirements of this AGREEMENT. COUNTY is solely responsible for
compliance with all labor and tax laws pertaining to COUNTY, its officers, agents,
and
employees, and shall indemnify and hold DISTRICT harmless from any failure to comply with
such laws . COUNTY's duties with respect to COUNTY, its officers, agents, and employees, shall
include, but not be limited to: ( 1 ) providing workers' compensation coverage for employees as
required by law ; (2) hiring of any employees, assistants, or - subcontractors necessary for
performance of the Work; (3 ) providing any and all employment benefits, including, but not
limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits, and
disability insurance ; (4) payment of all federal, state and local taxes income or employment taxes ,
and, if COUNTY is not a corporation, self-employment (Social Security) taxes ; (5) compliance
with the Fair Labor Standards Act, 29 U.S . C. § § 201 , et seq. , including payment of overtime in
accordance with the requirements of said Act; (6) providing employee training for all functions
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Contract #SG469AA
necessary for performance of the Work; (7) providing equipment and materials necessary to the
performance of the Work; and ( 8) providing office or other facilities for the performance of the
Work. In the event DISTRICT provides training, equipment, materials, or facilities to meet
specific DISTRICT needs or otherwise facilitate performance of the Work, this shall not affect
any of COUNTY's duties hereunder or alter COUNTY's status as an independent contractor.
D. DISTRICT funding shall be supplied to COUNTY as reimbursement for completed Best
Management Practices (BMP) projects up to the contract amount of $40,000. All costs above that
amount necessary to complete unfinished BMP projects shall be the responsibility of COUNTY.
E: COUNTY agrees to comply with EPA' s Supplemental Conditions, attached hereto and by
reference made a part hereof.
ARTICLE VI - RESPONSIBILITIES OF DISTRICT
A. The Executive Director designates Wayne Mozo as. Project Manager for purposes of directing
COUNTY and maintaining coordination and review of the work. The Project Manager shall have
sole and complete responsibility to transmit instructions, receive information, approve invoices ,
interpret and communicate DISTRICT policies and decisions with respect to all matters pertinent
to COUNTY ' s services . The Project Manager and, as appropriate, other DISTRICT employees
shall meet with COUNTY as necessary to provide decisions for the duration of the Work, as well
as to review and comment on interim reports . No actions outside the Statement of Work shall be
initiated by COUNTY without prior written authorization of the project manager; however
emergency situations requiring action within less than twenty-four (24) hours may be granted
verbally by the Project Manager and followed up in writing within seventy-two (72) hours .
B . DISTRICT shall be available to COUNTY to respond to questions regarding the project.
C. As is further specified in this AGREEMENT, DISTRICT shall provide timely reviews of any and .
all invoices and deliverables related to this AGREEMENT submitted by COUNTY.
D . Upon the satisfactory completion of the Work, DISTRICT will provide a written statement to
COUNTY accepting all deliverables .
ARTICLE VII - DELIVERABLES
A. Deliverables : COUNTY shall deliver all services, products, and deliverables as stated in the
Contract.
B . Reports : COUNTY shall submit quarterly reports to DISTRICT ' s Project Manager in a form
approved by the Project Manager. In addition to hard copies , all written deliverables (reports,
papers, analyses , etc . ) shall be submitted in machine-readable form in formats consistent with
DISTRICT ' s standard software products . DISTRICT' s standard office automation products
include the Microsoft@ Office Suite (WORD, EXCEL, ACCESS, and POWERPOINT) . Other
formats may be accepted, if mutually agreed upon by DISTRICT ' s Project Manager and Chief
Information Officer.
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Contract #SG469AA
ARTICLE VIII - COMPENSATION
A. Amount of Funding : For satisfactory performance of the Work outlined in the Contract,
DISTRICT agrees to pay COUNTY a sum in the amount not to exceed $40,000,
Be Invoicing Procedure: All invoices shall reference the Contract Number provided on the first
page of this AGREEMENT and shall be submitted to Director, Office of Financial Management,
4049 Reid Street, Palatka, Florida 32177. COUNTY shall submit itemized quarterly invoices
based upon the actual work performed by -the BMP applicants , along with copies of BMP
applicants ' paid invoices , and shall bill as per the Project Budget included in EXHIBIT °`A".
Invoices which do not correspond to the Project Budget will be returned to COUNTY without
action. Each invoice shall be submitted in detail sufficient for a proper pre-audit and post-audit
review and shall comply with the document requirements described in Comptroller
Memorandum, dated October 7, 1997, attached hereto and made a part hereof as EXHIBIT 'B " to
this AGREEMENT.
C. Payments: DISTRICT shall pay COUNTY on a cost-reimbursable basis one hundred percent
( 100%) of each approved invoice pursuant to Chapter 218 , Fla. Stat. Payments due and unpaid
under this AGREEMENT shall bear interest in accordance with Section 218 .74, Fla: Stat.
D. Release : COUNTY agrees that acceptance of the final payment, shall be considered as a release
in full of all claims against DISTRICT or any of its members, agents, and employees , arising out
of, or by reason of, the Work done and materials furnished under this AGREEMENT. Prior to, or
in conjunction with final payment, DISTRICT shall review and determine that COUNTY has
fully and satisfactorily completed the required Work under this AGREEMENT. If DISTRICT
determines that COUNTY has complied with the terms and conditions of this AGREEMENT,
then acceptance of final payment by COUNTY shall be considered as a release in full of all
claims by DISTRICT against COUNTY, or any of its members, agents and employees, arising
out of, or by any reason of, the Work to be done and materials furnished under this
AGREEMENT.
ARTICLE IX - OWNERSHIP OF DOCUMENTS
A. Pursuant to 35 USC 202-2-4, Part 401 CFR and Section 119. 07, Fla, Stat. , EPA and DISTRICT
reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise
use, and to authorize others to use, for EPA and DISTRICT purposes :
( 1 ) The copyright in any work developed under this contract; and
(2) Any rights of copyright to which COUNTY purchases ownership with funds received
from this contract.
Be Upon the acceptable completion of the project, DISTRICT will convey permission for COUNTY
to publish the Work: DISTRICT reserves the right to review, comment, and approve the
completed/final manuscript. All publications and reports must acknowledge the support of the
EPA and DISTRICT with language similar to the following: 'This work funded by the United
States Environmental Protection Agency ' s Indian River Lagoon National Estuary Program
through the St. Johns River Water Management District. "
C. Any source documents or any other documents or materials developed, secured or used in the
performance of this contract shall be considered property of DISTRICT and shall be safeguarded
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Contract #SG469AA
by COUNTY. The original documents or materials, excluding proprietary materials, shall be
provided to DISTRICT upon the expiration or termination of the contract, as outlined in the scope
of work, or upon request of DISTRICT .
ARTICLE X - SUBCONTRACTING
A. COUNTY shall not sublet, assign, or transfer any work under this AGREEMENT without the
written consent of DISTRICT . When applicable, and upon receipt of such consent in writing,
COUNTY shall cause the names of the firms responsible for such portions of the work to appear
on the work:
B . COUNTY agrees to notify DISTRICT of all subcontracts no less than ten ( 10) calendar days prior
to the effective date of the subcontracts for the purpose of approval. COUNTY agrees to provide
DISTRICT with an executed copy of all subcontracts within ten ( 10) calendar days after the
effective date of the subcontract.
Co COUNTY agrees to be responsible for the fulfillment of all work elements included in the
subcontracts and agrees to be responsible for the payment of all monies due under
any
subcontract and hold DISTRICT harmless from any liability or damages arising under or from
any subcontract to the extent allowed by law. Nothing in this AGREEMENT shall create any
contractual relationship between any subcontractor and DISTRICT. .
ARTICLE XI - CHANGES IN SERVICE REQUIREMENTS
DISTRICT and COUNTY may at any time, by mutual written agreement in the form of an
Amendment to this AGREEMENT, make changes within the general scope of this AGREEMENT in the
services or work to be provided. Neither party to this AGREEMENT shall unreasonably withhold
consent to any written amendment to this AGREEMENT.
ARTICLE XII - INTEREST OF COUNTY
Unless .otherwise declared .in an addendum, COUNTY certifies that no officer, agent, or
employee of DISTRICT has any material interest (as defined in Chapter 112, Fla. Stat. , as amended)
either directly or indirectly , in the business of COUNTY to be conducted here, and that no such person
shall have any such interest at any time during the term of this AGREEMENT.
ARTICLE XIII - ASSIGNMENT
COUNTY shall not assign the Contract or sublet it as a whole without the written consent of
DISTRICT nor shall COUNTY assign any moneys due or to become due to it hereunder, without the
previous written consent of DISTRICT .
ARTICLE XIV - CANCELLATION
Each party to this AGREEMENT reserves the right to unilaterally cancel this AGREEMENT for
refusal by the other party to allow public access to all documents, papers, letters, or other material related
to this AGREEMENT and subject to the provisions of Chapter 119, Fla. Stat. , as amended.
Contract #SG469AA '
ARTICLE XV - AUDIT: ACCESS TO RECORDS
A. COUNTY agrees that DISTRICT or its duly authorized representatives shall , until the expiration
of three (3 ) years after expenditure of final funds under this AGREEMENT, have access to
examine any of COUNTY' s books, documents, papers,. and records involving transactions related
to this AGREEMENT. COUNTY agrees that payment(s) made under this AGREEMENT shall
be subject to reduction for amounts charged which are found on the basis of audit examination
not to constitute allowable costs :
B . COUNTY shall refund by check, payable to DISTRICT, the amount of any reduction of
payments . All required records shall be maintained until an audit has been completed and all
questions arising from it are resolved or until three (3) years after completion of the Work and
submission of a final invoice, whichever is later. COUNTY will provide proper facilities for
access to and inspection of all required records.
ARTICLE XVI - CIVIL RIGHTS
Pursuant to Chapter 760, Fla. Stat. , COUNTY shall not discriminate against any employee or
applicant .for employment because of race, color, religion, sex, or national origin, age, handicap or marital
status .
ARTICLE XVII - CONFLICTING EMPLOYMENT
COUNTY agrees that at the time of execution of this Contract it has no retainer or employment
AGREEMENT, oral or written, with any third party relating to any matters which adversely affect any
interest or position of DISTRICT. COUNTY shall not accept during the terms of this Contract any
retainer or employment from a third party whose interests appear to be conflicting or inconsistent with
those of DISTRICT.
Notwithstanding the foregoing paragraph, COUNTY may accept retainers from or be employed
by third parties whose interests appear conflicting or inconsistent with those of DISTRICT it after full
written disclosure of the facts to DISTRICT, DISTRICT determines that the apparent conflict shall not
interfere with the performance of the Work by COUNTY.
ARTICLE XVIII _ PRIVITY OF CONTRACT
This Contract is expected to be funded with funds from EPA. Neither the United States nor any
of its departments, agencies or employees is, or will be, a party to this Contract or any
lower tier
subcontract. This Contract is subject to regulations contained in 40 CFR, Part 33 or 31 .36, as applicable,
in effect on the date of the award:
ARTICLE XIX - NON-LOBBYING
A. COUNTY certifies that no Federal appropriated funds have been paid or will be paid, on or after
December 22, 1989, by or on behalf of COUNTY, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an officer or employee of
Congress , or an employee of a Member of Congress, in connection with the awarding, renewal,
amending or modifying of any Federal contract, grant, or cooperative agreement. If any non-
Federal funds are used for lobbying activities as described above, COUNTY shall submit a
Standard Form-LLL, "Disclosure Form to Report Lobbying, " and shall file quarterly updates of
any material changes . COUNTY shall require the language of this certification to be included in
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Contract #SG469AA
all subcontracts , and all subcontractors shall certify and disclose accordingly. COUNTY shall
complete and sign a copy of the form entitled, "Certification Regarding Lobbying," attached
hereto and made a part hereof to certify that no Federal appropriated funds have been paid or will
be paid by or on behalf of COUNTY in relation to this AGREEMENT as stipulated above.
Be Pursuant to Section 216. 347, Fla. Stat. , COUNTY hereby agrees that monies received from
DISTRICT on this Contract will not be used for the purpose of lobbying the Legislature or any
other state agency .
ARTICLE XX - DEBARMENT AND SUSPENSION
A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 232), COUNTY
shall agree and certify that neither it, nor its principals, is presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency ; and, that COUNTY shall not knowingly enter
into any lower tier contract, or other covered transaction, with a person who is similarly debarred
or suspended from participating in this covered transaction, unless authorized in writing by EPA.
Be Upon execution of this AGREEMENT by COUNTY, COUNTY shall complete and sign a copy
of the form entitled, "Certification Regarding Debarment, Suspension, and Other Responsibility
Matters ," attached hereto and made a part hereof.
C. As required by Paragraphs A & B above, COUNTY shall include the language of this section in
all subcontracts or lower tier agreements executed to support COUNTY' s work under this
Contract.
ARTICLE IM - AFFIRMATIVE ACTION
Pursuant to Federal Laws, Regulations and Orders , and to the Cooperative Agreement of
September 18 , 1992, between DISTRICT and the United States Environmental Protection Agency,
COUNTY and its subcontractors at all tiers, shall take all necessary steps to assure that minority firms ,
women ' s business enterprises , and labor surplus area firms are used whenever possible . Affirmative steps
shall include :
( 1 ) Placing qualified small and minority businesses and women ' s business enterprises on
solicitation lists ; and
(2) Assuring that small and minority business, and women ' s business enterprises are solicited
whenever they are potential sources ; and
(3 ) Dividing total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority business , and women' s business
enterprises ; and
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority business, and women' s business enterprises ; and
(5 ) Using the services and assistance of the Small Business Administration, and the Minority
Business Development Agency of the Department of Commerce; and
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(6) COUNTY shall, to the fullest extent possible, when subcontracting and/or purchasing
supplies or services , award/ negotiate an amount equivalent to at least 8 % of the Contract
amount to organizations owned or controlled by socially and economically disadvantaged
individuals, women, and historically black colleges and universities.
ARTICLE XXII - DRUG-FREE WORKPLACE
In accordance with the Drug-Free Workplace Act of 1988, 40 CFR Part 32, Subpart F (P. L. 100-
690, Title V, Subtitle D). COUNTY shall agree and certify that it complies with all applicable provisions
of the Drug-Free Workplace Act. COUNTY shall complete and submit the attached certification Form,
"Certification Regarding Drug-Free Workplace Requirements - Grantees Other Than Individuals . "
ARTICLE XXIII - ENVIRONMENTAL PROTECTION AGENCY PROVISIONS
COUNTY shall comply with all applicable portions of EPA and Federal Laws, Regulations and
Orders as follows :
( 1 ) General Regulations for Federal Assistance Programs, 40 CFR Part 31 , regarding
uniform administrative- requirements for grants and cooperative agreements to state and
local governments ; and
(2) Rights to Inventions , 37 CFR Part 401 , which concerns .the rights to inventions made by
non-profit organizations and small business firms under government grants , contracts,
and cooperative agreements ; and
(3) Use of Recycled Paper, EPA Order 1000.25, regarding the, use of recycled paper for all
reports prepared as a part of this agreement; and
(4) The Small Business Administration Reauthorization and Amendment Act of 1988 ,
Section 129 of Public Law 100-590 (SBARAA), regarding COUNTY' s utilization of
small businesses located in rural areas to the maximum extent possible; and
(5) The 1992 Appropriations Act, P. L. 101 -507, which includes the appropriations for the
Environmental Protection Agency: Program for Utilization of Disadvantaged Business
Enterprises in Procurement under Assistance Programs.
(6) Executive Order 11246 of September 24, 1965, entitled, "Equal Employment .
Opportunity," as amended by Executive Order 11375 of October 13 , 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60). This item
applies to all construction contracts and construction subcontracts in excess of $ 10,000.
(7) Copeland "Anti-Kickback" Act ( 18 U.S . C. 874) as supplemented in Department of Labor
regulations (29 CFR Part 3) . This item applies to all contracts and subcontracts for
construction and repair.
(8) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U. S . C.
327-330) as supplemented in Department of Labor regulations (29 CFR Part 5). This
item applies to all construction contracts and construction subcontracts in excess of
$2,000, and in excess of $2,500 for other contracts which involve the employment of
mechanics or laborers.
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Contract #SG469AA
(9) Section 306 of the Clean air Act (42 U. S . C. 1857(h)), Section 508 of the Clean Water Act
(33 U. S . C . 1368) , Executive Order 11738 , and Environmental Protection Agency
regulations (40 CFR Part 15 ) . This item applies to all contracts and subcontracts in
excess of $ 100,000.
( 10) Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with . the Energy Policy and
Conservation Act (Public Law 94- 163 , 89 Stat. 871 ) .
( 11 ) In accordance with Section 215 of the Clean Water Act (33 U. S . C. 1251 et. Seq. ) and
implementing EPA regulations, -COUNTY agrees that preference will be given to
domestic construction materials by COUNTY, its subcontractors, materialmen and
suppliers in the performance of this AGREEMENT. This item applies to all construction
contracts and subcontracts
ARTICLE XXIV as TERMINATIONS
A. Termination for Default: This AGREEMENT may be terminated in whole or in part in writing
by either party in the event of substantial failure by the other party to fulfill its obligations under
this AGREEMENT through no fault of the terminating party, provided that no termination may
be effected unless the other party is given: ( 1 ) not less than ten ( 10) calendar days written notice
delivered by certified mail, return receipt requested, and (2) an opportunity for consultation with
the other party prior to termination.
Be Termination for Convenience : This AGREEMENT may be terminated in whole or in part in
writing by either party provided that the other party is given: ( 1 ) not less than thirty (30) calendar
days written notice delivered by certified mail, return receipt requested, of intent to terminate, and
(2) an opportunity for consultation prior to termination.
C. If termination for COUNTY 7s default is effected by DISTRICT, an equitable adjustment in the
price provided for in this AGREEMENT shall be made , but ( 1 ) no amount shall be allowed for
unperformed services, and (2) any payment due to COUNTY at the time of termination shall be
adjusted to cover any additional costs to DISTRICT because of COUNTY ' s default. If
termination for DISTRICT' s default is effected by COUNTY, or if termination for convenience is
effected by DISTRICT, the equitable adjustment shall provide for payment of all services ,
materials , and costs, including prior commitment incurred by COUNTY up to the termination
date .
D . Upon receipt of a termination action under paragraphs "A" or `B " above, COUNTY shall :
( 1 ) Promptly discontinue all affected work (unless the notice directs otherwise), and
( 2) deliver or otherwise make available all data, drawings , specifications , reports , estimates ,
summaries , and such other information and materials as may have been accumulated by
COUNTY in performing this AGREEMENT, whether completed or in process.
E. Upon termination under Paragraphs "A" or ` B " above, DISTRICT may take over the work or
may award another party a contract to complete the work.
F. If, after termination for failure of COUNTY to fulfill contractual obligations , it is determined that
COUNTY had not failed to fulfill contractual obligations , the termination shall be deemed to
Contract #SG469AA
have been for the convenience of DISTRICT. In such event, the adjustment of compensation
shall be made as provided in Paragraph "C" of this section,
ARTICLE XXV - GOVERNING LAW
This AGREEMENT shall be construed and interpreted according to the laws of the State of
Florida.
ARTICLE XXVI CONSTRUCTION OF AGREEMENT
This AGREEMENT shall not be construed more strictly against one party than against the other
merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being
recognized that both parties, DISTRICT and COUNTY, have contributed substantially and materially to
the preparation hereof.
ARTICLE XXVII - ENTIRE AGREEMENT
This AGREEMENT upon execution by COUNTY and DISTRICT, and the contract documents
constitute the entire Agreement of the parties . The parties are not bound by any stipulations,
representations , agreements, or promises , oral or otherwise, not printed or inserted in this AGREEMENT.
COUNTY agrees that no representations have been made by DISTRICT to. induce COUNTY to enter
into this AGREEMENT other than as expressly stated by this AGREEMENT. This AGREEMENT
cannot be changed orally, nor by any means other than written amendments referencing this
AGREEMENT and signed by -all parties .
IN WITNESS WHEREOF, the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT has
caused this contract to be executed in its name by its Executive Director and INDIAN RIVER COUNTY
has caused this contract to be executed in its name by its duly authorized representatives,
and, if
appropriate, has caused its seal to be attached, all on the day and year first above written.
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
� Z
By By. �vrrf/ _ LL
51
Kirby B . Gree III, Ex utive Director ; L „i
Kenneth R . Macht , Chairman E z
Typed Name and Title UJ
APPROVED BY THE OFFICE OF BCC Approved : 09 - 16 - 2003 L'�eul
GENERAL COUNSEL
Ai < o
Stanley J. Nieg , As ' tant Ge eq& Counsel Typed Name and Title
Indim Rivir Co Approved Daie
Admlrt t v 0
L
Legal . . ..,
t3udgel
UJ
Dept.
Risk Mgr. O
Page 10 �-
Contract #SG469AA
EXHIBIT "A"
STATEMENT OF WORK
Principal Investigators :
James Karl , Conservation District Coordinator, Indian River Soil and Water Conservation District, 1028
20` ' Place, Suite A. Vero Beach, FL 32960
Cooperating Agencies :
• United States Department of Agriculture (USDA)-Natural Resources Conservation Service, 1028 200'
Place, Suite A, Vero Beach, FL 32960
• Indian River Soil and Water Conservation District (IRSWCD) , 1028 20`s Place, Suite A, Vero Beach,
FL 32960
• University of Florida (UF) Institute of Food and Agricultural Sciences (IFAS) / Indian River -County
Cooperative Extension Service, 1028 20`'' Place, Suite D, Vero Beach, FL 32960
Fiscal Agent :
• Board of County Commissioners , Indian River County, 1840 25.`s Street, Vero Beach, FL 32960
I. INTRODUCTIONBACKGROUND :
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 farming operation for the
grower. The University of Florida (UF) , Florida Department of Agriculture and Consumer Services
(FDACS) , in concert with numerous agencies and growers, worked together to compile and adopt a
"living" document entitled "Water Quality/Quantity BMP' s 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) Estuary.
Total maximum daily pollutant loads will be established and implemented on a prioritized schedule for
each water body. This is the maximum amount of a pollutant a water body can receive and still meet
water quality standards, as defined by the Federal .Clean Water Act (FCWA). Under the Florida
Watershed Restoration Act, agricultural farmers -are challenged to initialize and continue implementation
of BMP' s while the watershed is being monitored and evaluated.
Water quality monitoring trends by St. Johns River Water Management District (DISTRICT) show ari ,
increasing north to south gradient of Total Phosphorus (TP) concentrations and loading which are two to
three times higher in Indian River County (IRC) compared to areas in Volusia and Northern Brevard
Counties . Chlorophyll a levels are also highest in the IRC segments . Total suspended solids and color
also exhibit an increasing north to south gradient.
II. OB TECTIVES :
1 . To increase the knowledge pertaining to citrus BMP' s and water quality issues .
Contract #SG469AA
2. To increase water quality in the Indian River Lagoon (IRL) watershed.
3 . To increase the acreage of citrus BUT implementation.
4 . To reduce pollutant loads to the IRL.
III. SCOPE OF WORK :
1 . In an effort to reach IRC citrus growers in a timely manner, the opportunity for cost-sharing the
implementation of BMP' s will be advertised through a variety of methods (newsletters, web sites ,
newspaper articles , phone calls , etc .) .
2. The Indian River Soil and Water Control District (IRSWCD), The United States Department of
Agriculture (USDA) Natural Resource Conservation Service (MRCS ) and the OF Institute of Food
and Agricultural Sciences (IFAS) Extension staff will deliver education programs for the growers and
public-at4arge pertaining to BMPs and land usage by employing a multimedia approach (i .e. ,
PowerPoint presentations, Coastal EnviroScape Model, etc .) .
a. The staff' s of IBC ' s IFAS Program, IRSWCD, and NRCS understand that the Cost Share
Funding provided for this scope of services is designated for water quality BMP
improvements associated with Indian River area citrus groves. Therefore, water quality and
sedimentlerosion control measures including: on site water detention/retention facilities,
riser-board water control structures, sediment settling basins within ditches, soil stabilization,
water furrows and sediment traps upstream of discharge pump intakes, will be , the primary
focus for this work.
3 . The staff of the IRSWCD and the NRCS will meet with applicants (Indian River citrus growers) to
assess their needs in respect to the program objectives. A Conservation Plan will be developed for
the applicant' s 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. The applicant shall agree to properly operate and maintain the
BUT components for the contractual life span of the BMP practice(s). If installation is removed or
destroyed before the life span has expired, the client shall repay a prorated portion of this funding to
the IRSWCD to be used for another applicant.
4. Each applicant will receive the "Water Quality / Quantity BMP' s for Indian River Area Citrus
Groves" manual and meet with the Water Quality Extension Agent to discuss water quality / quantity
issues and answer a survey pertaining to BMP usage. Applicants will have the opportunity to view
the BMP video prepared by OF / IFAS .
Indian River County Citrus Cost-Share
Best Management Practices (BMP) Program Procedures ,
1 . Applicant meets with UF/IFAS BMP implementation team or staff at IRSWCD to receive and review
the Indian River Area Citrus BMP Manual,
2. Applicant requests review or assistance from the BMP implementation team or staff at IRSWCD with
completing the confidential Citrus Grower BMP Practices Checklist for each citrus grove to help
evaluate existing and or needed BMP' s . (This can be done on their own if they prefer) .
3 . Complete and send to the Florida Department of Agriculture and Consumer Services (FDACS) the
Notice of Intent to Implement Water Quality/Quantity BMP' s for Indian River Area Citrus Groves , in
Page 12
Contract #SG469AA
accordance with Florida Statute 403 . 067(7) (d) and Rule 5M-2 . 005 FAC for voluntary presumption of
compliance with state water quality standards .
4. Applicant applies for BMP cost-share funding consisting of a maximum 75 % IRL/NEP funding, with
balance provided by applicant.
5 . The applicant will provide preliminary design( s) prepared by either a contractor, USDA-NRCS , 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 . IRSWCD determines eligibility ranking based on cost of project/environmental benefits .
9 . IRSWCD reviews with the St. Johns River Water Management District (DISTRICT) for compliance
based on their funding guidelines .
10 . The IRSWCD presents a list of projects that are in full compliance with funding guidelines to the
Indian River Board of County Commissioners,
11 . Approval or disapproval of list of projects by Indian River Board of County Commissioners .
12 . Applicant signs a Conservation Application and Agreement with the Indian River Soil and Water
Conservation District (IRSWCD) .
13 . A Conservation Plan, including fully developed design( s), will be prepared by IRSWCD/NRCS ,
before installation of practice(s) proceed(s) .
14 . Applicant/IRC, sign individual contracts to install practice( s) and agrees , through an Operation and
Maintenance Plan Contract, to properly operate and maintain the BMP components for the
contractual life span of the practice(s) .
15 . Applicant/contractor installs BMP(s) based on approved design( s) . Consultation with
NRCS/IRSWCD staff is advised during installation process .
16 . The BMP installation must meet NRCS minimum standards and specifications before it can be
certified as complete by IRSWCD/NRCS technician( s) .
17 . Applicant produces paid invoices of expenditures to IRSWCD, who submits all documentation to
IRC .
18 . Applicant receives reimbursement from the County with authorization from IRSWCD .
19 . County shall submit to DISTRICT, itemized quarterly invoices based upon the actual work performed
by the Applicant, accompanied by copies of Applicant ' s paid invoices , and shall bill on a cost-
reimbursable basis .
20. The applicant will be required to adhere to the life span of the BMP. If it is removed or destroyed
before the life span is expired, the applicant will be required to reimburse a prorated portion of the
funding to the IRSWCD to be used for another applicant.
IV. TASK IDENTIFICATION:
1 . Ad %, ertisement of the project via newsletters , the Internet, the media and direct phone calls .
2 . Schedule meetings with growers to discuss BMP ' s , assess the growers needs and develop
a
conservation plan .
3 . Establish the BMP design for each grower; prioritize each grower' s design; generate and sign
contracts with each grower accepted into the program; begin project installation.
4. Deilvery of BMP and water quality/water quantity education programs to growers and the public -at-
larae
5 . Generation of program final report
Contract #SG469AA
V. DELIVERABLES and TIME FRAMES :
1 . A list of growers receiving funding, including the amount of affected acreage and type of BMP
funded will be kept on an electronic format spreadsheet.
2. Quarterly reports of accomplishments relative to educational outreach efforts .
3 . Summary Report of program expenditures, accomplishments and future recommendations
ITEM COMPLETION (From
Effective Date
Task 1 — Advertisement of Project/Funding' , 01 , 01 , 01 , 81191664 Ile " O " 00 " o . . . 2 months
Task 2 — Growers Needs Assessments/Conservation Plan . , , , . . a , months
Task 3 — BMP Design, Scoring, Contracts , Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Task 4 — Education Programs
• • • "months 1 - 18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .months 1 - 18
Task 5 — Final Report . . . " . , , * 1 , 04110 me Mae * * @ * of * @ * D101001011 *
. .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18th month
Vl. BUDGET :
Cate o SJRWMD IRSWCD Total
BMP Cost-Share $389000 $389000
ater Control Structures (top-over)
On Site Water Retention/Detention
Sediment Control
IRSWCD Admin Fee- 5 % 27000 21000
In-Kind 109000 10,00
TOTAL $40 000 $ 10, 000 $50,000
Page 14
Contract #SG469AA
EXHIBIT `B"
Comptroller Contract Payment Requirements
Department of Banking and Finance, Bureau of Auditing Manual (10/07/97)
Cost Reimbursement Contracts
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by
category (salary, travel, expenses , etc.) Supporting documentation must be provided for each amount for
which reimbursement is being claimed indicating that the item has been paid. Check numbers may be
provided in lieu of copies of actual checks . Each piece of documentation should clearly reflect the dates of
service . Only expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements :
( 1 ) Salaries : A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable .
(2) Fringe Benefits : Fringe Benefits should be supported by invoices showing the amount paid on behalf
of the employee (e.g. , insurance premiums paid) . If the contract specifically states
that fringe benefits will be based on a specified percentage rather than the actual cost
of fringe benefits , then the calculation for the fringe benefits amount must be shown.
Exception : Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits .
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061 , Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means .
(4) Other direct costs : Reimbursement will be made based on paid invoices/receipts. If nonexpendable
property is purchased using State funds , the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation
must be provided to show compliance with Department of Management Services Rule
60A- 1 .017, Florida Administrative Code, regarding the requirements for contracts
which include services and that provide for the contractor to purchase tangible
personal property as defined in Section 273 .02, Florida Statutes, for subsequent
transfer to the State .
(5) In-house charges : Charges which may be of an internal nature (e.g. , postage, copies , etc .)
may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable .
(6) Indirect costs : If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes , a contract between state agencies including any
contract involving the State University system or the State Community College
system, the agency receiving the contract or grant moneys shall charge no more than 5
percent of the total cost of the contract or grant for overhead or indirect cost or any
other cost not required for the payment of direct costs .
Contract #SG469AA
EXHIBIT "C"
EPA 's SPECIAL CONDITIONS
1 . OWNERSHIP OF DOCUMENTS
Pursuant to 35 USC 202-2-4 , Part 401 CFR and Section 119 .07, Fla. Stat. , EPA and
DISTRICT reserve a royalty-free, nonexclusive, and irrevocable license to reproduce ,
publish or otherwise use, and to authorize others to use , for EPA and DISTRICT
purposes :
a) The copyright in any work developed under this contract; and
b) Any rights of copyright to which COUNTY purchases ownership with funds
received from this contract.
Upon the acceptable completion of the project, DISTRICT will convey permission for
COUNTY to publish the Work. DISTRICT reserves the right to review, comment, and
approve the completed/final manuscript. All publications and reports must acknowledge
the support of EPA and DISTRICT with language similar to the following : "This work
funded by the United States Environmental Protection Agency through the St. Johns
River Water Management District, Indian River Lagoon National Estuary Program
( 100 % - $407000) . "
Any source documents or any other documents or materials developed, secured or used in
the performance of this contract shall be considered property of DISTRICT and shall be
safeguarded by - COUNTY. The original documents or materials, excluding proprietary
materials , shall be provided to DISTRICT upon the expiration or termination of the
contract, as outlined in the scope of work, . or upon request of DISTRICT.
2 . PRIVITY OF CONTRACT
This Contract is expected to be funded in part with funds from EPA. Neither the United
States nor any of its departments , agencies or employees is , or will be, a party to this
Contract or any lower tier subcontract. This Contract is subject to regulations contained
in 40 CFR, Part 33 or 31 . 36 , as applicable, in effect on the date of the award.
3 . NON-LOBBYING
COUNTY certifies that no Federal appropriated funds have been paid or will be paid, on
or after December 22, 1989, by or on behalf of COUNTY, to any person for influencing
or attempting to influence an officer or employee of an agency, a Member of Congress ,
an officer or employee of Congress , or an employee of a Member of Congress , in
connection with the awarding, renewal , amending or modifying of any Federal contract,
grant , or cooperative agreement. If any non -Federal funds are used for lobbying
Page 16
Contract #SG469AA
activities as described above , COUNTY shall submit a Standard Form-LLL, "Disclosure
Form to Report Lobbying," and shall file quarterly updates of any material changes .
COUNTY shall require the language of this certification to be included in all
subcontracts , and all subcontractors shall certify and disclose accordingly. COUNTY
shall complete and sign a copy of the form entitled, "Certification Regarding Lobbying, "
attached hereto and made a part hereof to certify that no Federal appropriated funds have
been paid or will be paid by or on behalf of COUNTY in relation to this AGREEMENT
as stipulated above .
Pursuantto Section 216 .347 , Fla, Stat. , COUNTY hereby agrees that monies received
from DISTRICT on this Contract will not be used for the purpose of lobbying the
Legislature or any other state agency.
4 . DEBARMENT AND SUSPENSION
In accordance with Executive Order 12549 , Debarment and Suspension (40 CFR 232) ,
COUNTY shall agree and certify that neither it, nor its principals , is presently debarred,
suspended, proposed for debarment, declared ineligible , or voluntarily excluded from
participation in this transaction by any Federal department or agency ; and, that COUNTY
shall not knowingly enter into any lower tier contract, or other covered transaction , with a
person who is similarly debarred or suspended from participating in this covered
transaction , unless authorized in writing by EPA .
Upon execution of this AGREEMENT by COUNTY, COUNTY shall complete and sign
a copy of the form entitled, "Certification Regarding Debarment, Suspension , and Other
Responsibility Matters ," attached hereto and made a part hereof.
As required by Paragraphs A & B above, COUNTY shall include the language of this
section in all subcontracts or lower tier agreements executed to support COUNTY ' s work
under this Contract.
5 . AFFIRMATIVE ACTION :
Pursuant to Federal Laws , Regulations and Orders , and to the Cooperative Agreement of
September 18 , '1992 , between DISTRICT and the United States Environmental Protection
Agency (EPA) , COUNTY and its subcontractor at all tiers , shall take all necessary steps
to assure that minority firms , women ' s business enterprises , and labor surplus area firms
are used whenever possible . Affirmative steps shall include :
a ) Placing qualified small and minority businesses and women ' s business enterprises
on solicitation lists ; and
Dividing total requirements , when economically feasible , into smaller tasks or
quantities to permit maximum participation by small and minority business , and
women ' s business enterprises ; and
Contract #SG469AA
c) Assuring that small and minority business , and women ' s business enterprises are
solicited whenever they are potential sources ; and
d) Establishing delivery schedules , where the requirement permits , which encourage
participation by small and minority business , and women ' s business enterprises ;
and
e) Using the services and assistance of the Small Business Administration, and the
Minority Business Development Agency of the Department of Commerce ; and
fJ COUNTY shall , to the fullest extent possible, when subcontracting and/or
purchasing supplies or services , award/. negotiate an amount equivalent to at least
8 % of the Contract amount to organizations owned or controlled by socially and
economically disadvantaged individuals , women , and historically black colleges
and universities .
6. U. S . ENVIRONMENTAL PROTECTION AGENCY PROVISIONS : '
COUNTY shall comply with all applicable portions of EPA and Federal Laws ,
Regulations and Orders as follows :
a) General Regulations for Federal Assistance Programs , 40 CFR Part 31 , regarding
uniform administrative requirements for grants and cooperative agreements to state
and local governments ; and
b) Rights to Inventions , 37 CFR Part 401 , which concerns the rights to inventions
made by non-profit organizations and small business firms under government
grants , contracts, and cooperative agreements ; and
c) New Restrictions on Lobbying, 40 CFR Part 34, which concerns the lobbying the
Executive or Legislative Branches of the Federal Government; and
d) Debarment and Suspension Under EPA Assistance, Loan and Benefit Programs , 40
CFR Part 32, which concerns the exclusion of debarred and suspended firms from
participating in projects funded by the Federal Government ; and
e) Use of Recycled Paper, EPA Order 1000. 25 , regarding the use of recycled paper for
all reports prepared as a part of this agreement; and
r) The Small Business Administration Reauthorization and Amendment Act of 1988 ,
Section 129 of Public Law 100-590 (SBA.RAA) , regarding COUNTY ' S utilization
of small businesses located in rural areas to the maximum extent possible ; and
or
j ) The 1992 Appropriations Act, P. L. 101 -507, which includes the appropriations for
the Environmental Protection Agency: Program for Utilization of Disadvantaged
Business Enterprises in Procurement under Assistance Programs ,
Page 18
Contract #SG469AA
h) Executive Order 11246 of September 24, 1965 , entitled, "Equal Employment
Opportunity," as amended by Executive Order 11375 of October 13 , 1967, and as
supplemented in Department of Labor regulations (41 CFR Chapter 60) . This item
applies to all construction contracts and construction subcontracts in excess of
$ 10,000 .
i) Copeland "Anti -Kickback" Act ( 18 U.S . C . 874) as supplemented in Department of
Labor regulations (29 CFR Part 3). This item applies to all contracts and
subcontracts for construction and repair.
j) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40
U.S . C. 327-330) as supplemented in Department of Labor regulations (29 CFR Part
5 ) . This item applies to all construction contracts and construction subcontracts in
excess of $2,000, and in excess of $2,500 for other contracts which involve the
employment of mechanics or laborers .
k) Section 306 of the Clean air Act (42 U. S .C . 1857 (h)), Section 508 of the Clean
Water Act (33 U. S .C . 1368) , Executive Order 11738 , and Environmental Protection
Agency regulations (40 CFR Part 15 ) . This item applies to all contracts and
subcontracts in excess of $ 100,000 .
1) Mandatory standards and policies relating to energy efficiency which are contained
in the state energy conservation plan issued in compliance with the Energy Policy
and Conservation Act (Public Law 94- 163 , 89 Stat. 871 ).
m) In accordance with Section 215 of the Clean Water Act (33 U. S . C . 1251 et. Seq .)
and implementing EPA regulations , COUNTY agrees that preference will be given
to domestic construction materials by COUNTY, its subcontractors , materialmen
and suppliers in the performance of this AGREEMENT. This item applies to all
construction contracts and subcontracts .
Certification Regarding Lobbying
Certification for Contracts , Grants , Loans and Cooperative
Acreements
The undersigned certifies , to the best of his or her knowledge and
- belmostl ef , that :
No Federal appropriated funds have been paid or will be paid ,
by or on behalf of the undersigned , to any person for influencing
or attempting to influence an officer or employee of any agency , k
< a Member of Congress , an officer or . employee of Congress , or.'
. . an
` employee of a Member of Congress . ia conne _ tioa with the awardrS
J, any Federal contract , the making of any Federal grant the
imaking of . . any. Federal loan , the entering into of - any cooperative
aQreement ; : and the extension , continuation; renewal ":: amendaient. , : ;ory ; �
lmoa1 icaIt1on o.f any Federal contract, . grant , loan , ..; _ or cooperatl,ve
.ac . Bement . :
: 2 ) Tf any funds other than Federal appropriated funds have been
pay or w. il` 1 be paid to any person for influencing_ Or * , attempting
c influence I , an : officer or employee _ of any agency :,,,-,-as. . Member , of
Cor. crass , m- ; an .officer or employee of Congress , or • an= employee '' of a.
McToer o Congress in connect ion . wiah this- . Federal contr.ac_tgrant ,
~ � .l. oc ': { or . :cooper.ative agreement , the undersigned shall coiapl.ete and
.. : Zsub :z '- t : , Standard Form - LLL ; " Disclosure Form -to Report{ Lobbying , " in
` { yaccor.darce with , its : instructions . = �'
e: y�
T. x t _ y n�
41
N` t ..f,: . � .
, 3 ) It IF
T:re undersi.g.ned shall require that . : the language of this
Imm, cert. r cat1on- , be- included in the award : . documents for all : ubawar' ds .
aiers ( i'n' cluding subcontractsubgrants _and ' contracts
once grants , ; . 'loans , and cooperative . agreements ) and : that all
U ec _ o3. ents ._ shall certify and.- disclose accordingly . . .
Th III c . rtiication is a material representation of fact upon : which .
I e � _ m ce was placed when this transaction was made or entered unto .
'
Su ~ - _ sSian of this certification is a prerequisite for making . or
ent _ _ : c into this transaction imposed by section 1352 , title 31 ,
U . = . erode . Any person who fails to ' file ' the required , certification
shs _ _ e subject to a civil penalty of not less than $ 10 , 000 and not
mcg :. ; = _ n 5100 , 000 for each such failure .
•Kennptb R . Macht , Chairman
Ty_ � � _ ' & T "iIs. le of A orized Representative
09 - 16 - 2003
Si - � t iut�no`rized epresentative Date
Page 20
" f
000*
Contract #SG469AA
Amendment # 1
FIRST AMENDMENT TO THE AGREEMENT BETWEEN
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER CITRUS BEST MANAGEMENT PRACTICES
THIS AMENDMENT is entered into this 21 st day of September , 2004, by and between
the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ("the
District"), whose mailing address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER
COUNTY ("County"), whose address is 1028 20th Place, Suite A, Vero Beach, Florida 32960.
WHEREAS , the District and County entered into Agreement SG469AA on September 29, 2003 , to
provide cost-share funding for water quality best management practices (BMP) improvements in Indian River
area citrus groves; and
WHEREAS , the District and County desire to modify the Agreement.
NOW; THEREFORE, in consideration of the mutual covenants contained herein and for other good
and valuable consideration, the District and County hereby agree to the following amendments :
11 ARTICLE VIII - COMPENSATION: Paragraph A shall be deleted and replaced with the
following:
"A. Amount of Fundin : For satisfactory performance of the Work outlined in the Contract for
EXHIBIT "A- 1 ", Revised Statement of Work (attached hereto) , the District agrees to pay
County an additional sum not to exceed $ 19 ,410, increasing the original Contract amount of
$40, 000 to a total not to exceed amount of $59,410. "
The District and County agree that all other terms and conditions of the original Agreement are
hereby ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set
forth above.
ST. JOHNS RIVER WATER INDIAN RIVER COUNTY
MANAGEMENT DISTRICT
By .
Kirby B . Green III, Executive Director By :
Caroline D. Ginn, Chairman
APPROVED BY THE OFFICE Typed Name and Title
OF GENERAL COUNSEL eoved : 9-21 -
Attes
d Jeffrey K. Barton, Clerk of Circuit Court
Stanley J. Niego, Sr. Assistant General Counsel Typed Name and Title
Approve as to Form and Sufficiency
Indian River Co.
ApprkvedDi te
Administration
Legal
Budget
illiam Collins, unty ttomey
Department Page 5-
EPA Project Control Number
®G,® E PA
t
United States Environmental Protection Agency
Washington, DC 20460
Certification Regarding
Debarment , Suspension , and Other Responsibility Matters
The prospective participant certifies to the best of its knowledge and belief that it and. its principals:
(a) Are not presently debarred , suspended , proposed . for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department, or agency;
(b) Have not within a three year period preceding this proposal been convicted of or had a CM judgement
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal , State, or focal) transaction or contract under a
public transaction ; violation of Federal or State antitrust statutes or commission of embezzlement,
theft , forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
(c) Are net presently indicted for or otherwise criminally or civilly charged by a govemment entity (Federal ,
State, or local) with commission of any of the offenses enumerated in paragraph (1 (b )
of this
certification ; and
(d) -Have not -within a --three-year period -preceding this - application/proposal had one . or more public
transactions (Federal ; State , or local ) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this proposal or
termination of the award : In addition , under 18 ,U SC Sec. 1001 , a false statement may result in a fine of up
to $ 10 , 000 or imprisonment for up to 5 .years , or both.
Kenr_ etr_R R . Macht , Chairman
Typed Name & Ti e cr 'Authurized Peres ntative
/ //1 09 - 16 - 2003
/ �" Date
Sign . re o uthoriz . c nenresentztive
i am un: a2 ! e ` c certify to the above statements . My explanation is attached .
EFA Form 5700-49
Page 21
Instructions
Under . Executive Order 12549 , an individual or organization debarred or excluded from
participation in Federal assistance or benefit programs may not receive any assistance award
under a Federal program , or a subagreement thereunder for $25 , 000 or more.
Accordingly, each prospective recipient of an EPA grant, loan , or cooperative agreement and any
contract or subagreement participant thereunder must complete the attached certification or
provide an explanation why they cannot. For further details, see 40 CFR 32.510, Participants ' ;
responsibilities, In the attached regulation.
Where To Submit
The prospective EPA grant, loan , or cooperative agreement recipient must return the signed
certification or explanation with its application to the appropriate EPA Headquarters or Regional
office , as required in the application instructions .
A.. prospective prime contractor must submit a completed certification or explanation to the
individual or organization awarding the contract.
Each prospective subcontractor must submit a completed certification or explanation to the prime
contractor for the project.
How To Cbt_ in Forms:
- EPA includes ' he certification form , instructions , and a copy of its implementing regulation (40 CFR :. .`
Part .32). in each application kit. Applicants may reproduce these materials as needed and provide
them to .their prospective prime contractor, who, in tum, may reproduce and provide them to .
prospective subcontractors.
Additional copies /assistance may be requested from: -
Compliance Branch - - -- _ __
-. Grants Administration Division (PM -216F)
U. S . Environmental Protection Agency
401 M Street, SW
Washington, DC 20460
Jeiephone : 202/475 -8025 )
EFA Form 57r _ .
Contract #SG469AA
EXHIBIT "D"
EPA ' s SUPPLEMENTAL GENERAL CONDITIONS
are available for . review in the
office of the Executive Aide to
the Board of County Commissioners
Contract #SG469AA -
EXIiIBIT "D"
EPA' s SUPPLEMENTAL GENERAL CONDITIONS
(see book attached)
Contract #SG469AA
Amendment # 1
EXHIBIT "A- 1"
REVISED STATEMENT OF WORK
Principal Investigators:
James Karl, Conservation District Coordinator, Indian River Soil and Water Conservation District, 1028
20`' Place, Suite A. Vero Beach, FL 32960
Cooperating Agencies :
• United States Department of Agriculture (USDA)-Natural Resources Conservation Service, 1028 20d'
Place, Suite A, Vero Beach, FL 32960
• Indian River Soil and Water Conservation District (IRSWCD), 1028 20d' Place , Suite A, Vero Beach,
FL 32960
• University of Florida (UF) Institute of Food and Agricultural Sciences (IFAS) / Indian River County
Cooperative Extension Service, 1028 20a' Place, Suite D, Vero Beach, FL 32960
Fiscal Agent:
• Board of County Commissioners , Indian River County , 1840 25�' Street, Vero Beach, FL 32960
I. INTRODUCTION/BACKGROUND :
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 farming operation for the
grower. The University of Florida (UF) , Florida Department of Agriculture and Consumer Services
(FDACS), in concert with numerous agencies and growers , worked together to compile and adopt a
"living" document entitled "Water Quality/Quantity BMP' s 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) Estuary .
Total maximum daily pollutant loads will be established and implemented on a prioritized schedule for
each water body . This is the maximum amount of a pollutant a water body can receive and still meet
water quality standards as defined by the Federal Clean Water Act (FCWA) . Under the Florida
Watershed Restoration Act, agricultural farmers are challenged to initialize and continue implementation
of BMP' s while the watershed is being monitored and evaluated.
Water quality monitoring trends by the St. Johns River Water Management District (the District) show an
increasing north to south gradient of Total Phosphorus (TP) concentrations and loading which are two to
three times higher in Indian River County (IRC) compared to areas in Volusia and Northern Brevard
Counties . Chlorophyll a levels are also highest in the IRC segments . Total suspended solids and color
also exhibit an increasing north to south gradient.
II. OBJECTIVES :
1 . To increase the knowledge pertaining to citrus BMP' s and water quality issues .
2. To increase water quality in the Indian River Lagoon (IRL) watershed.
Page 2 of 5
Contract #SG469AA
Amendment # 1
3 . To increase the acreage of citrus BMP implementation.
4. To reduce pollutant loads to the IRL.
III. SCOPE OF WORK :
L In an effort to reach IRC citrus growers in a timely manner, the opportunity for cost-sharing the
implementation of BMP' s will be advertised through a variety of methods (newsletters, web sites ,
newspaper articles, phone calls, etc . ) .
2. The Indian River Soil and Water Control District (IRSWCD), United States Department of
Agriculture (USDA) Natural Resource Conservation Service (NRCS) and the OF Institute of
Food and Agricultural Sciences (IFAS) Extension staff will deliver education programs for the
growers and public-at-large pertaining to BMPs and land usage by employing a multimedia
approach (i.e . , PowerPoint presentations, Coastal EnviroScape Model, etc . ).
a. The staff of IBC ' s WAS Program, IRSWCD, and NRCS understand that the Cost Share
Funding provided for this scope of services is designated for water quality BMP
improvements associated with Indian River area citrus groves . Therefore, water quality
and sediment/erosion control measures including : on site water detention/retention
facilities, riser-board water control structures, sediment settling basins within ditches , soil
stabilization , water furrows and sediment traps upstream of discharge pump intakes , will
be the primary focus for this work.
3 . The staff of the IRSWCD and the NRCS will meet with applicants (Indian River citrus growers)
to assess their needs in respect to the program objectives . A Conservation Plan will be developed
for the applicant' s 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. The applicant shall agree to properly operate
and maintain the BMP components for the contractual life span of the BMP practice(s). If
installation is removed or destroyed before the life span has expired, the client shall repay a
prorated portion of this funding to the IRSWCD to be used for another applicant.
4. Each applicant will receive the "Water Quality / Quantity BMP' s for Indian River Area Citrus
Groves" manual and meet with the Water Quality Extension Agent to discuss water quality /
quantity issues and answer a survey pertaining to BMP usage. Applicants will have the
opportunity to view the BMP video prepared by OF / IFAS .
Indian River County Citrus Cost-Share
Best Management Practices (BMP) Program Procedures.
1 . Applicant meets with UF/IFAS BMP implementation team or staff at IRSWCD to receive and review
the Indian River Area Citrus BMP Manual.
2. Applicant requests review or assistance from the BMP implementation team or staff at IRSWCD with
completing the confidential Citrus Grower BMP Practices Checklist for each citrus grove to help
evaluate existing and or needed BMP' s. (This can be done on their own if they prefer) .
3 . Complete and send to the Florida Department of Agriculture and Consumer Services (FDACS) the
Notice of Intent to Implement Water Quality/Quantity BMP ' s for Indian River Area Citrus Groves, in
accordance with Florida Statute 403 . 067(7)(d) and Rule 5M-2.005 FAC for voluntary presumption of
compliance with state water quality standards.
Page 3 of 5
Contract #SG469AA
Amendment # 1
4. Applicant applies for BMP cost-share funding consisting of a maximum 75 % IRI /NEP funding, with
balance provided by applicant.
5 . The applicant will provide preliminary design(s) prepared by either a contractor, USDA-NRCS , 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 . IRSWCD determines eligibility ranking based on cost of project/environmental benefits . .
9 . IRSWCD reviews with the St. Johns River Water Management District (the District) for compliance
based on their funding guidelines .
10. The IRSWCD presents a list of projects that are in full compliance with funding guidelines to the
Indian River Board of County Commissioners.
11 . Approval or disapproval of list of projects by Indian River Board of County Commissioners .
12. Applicant signs a Conservation Application and Agreement with the Indian River Soil and Water
Conservation District (IRSWCD) .
13 . A Conservation Plan, including fully developed design(s), will be prepared by IRSWCD/NRCS ,
before installation of practice(s) proceed(s) .
14. Applicant/IRC , sign individual contracts to install practice(s) and agrees , through an Operation and
Maintenance Plan Contract, to properly operate and maintain the BMP components for the
contractual life span of the practice(s) .
15 . Applicant/contractor installs BMP(s) based on approved design(s) . Consultation with
NRCS/IRSWCD staff is advised during installation process.
16 . The BMP installation must meet NRCS minimum standards and specifications before it can be
certified as complete by IRSWCD/NRCS technician(s).
17 . Applicant produces paid invoices of expenditures to IRSWCD , who submits all documentation to
IRC.
18 . Applicant receives reimbursement from County with authorization from IRSWCD.
19 . County shall submit to the District, itemized quarterly invoices based upon the actual work performed
by the Applicant, accompanied by copies of Applicant' s paid invoices, and shall bill on a cost-
reimbursable basis .
20. The applicant will be required to adhere to the life span of the BMP. If it is removed or destroyed
before the life span is expired, the applicant will be required to reimburse a prorated portion of the
funding to the IRSWCD to be used for another applicant.
IV. TASK IDENTIFICATION.
1 . Advertisement of the project via newsletters , the Internet, the media and direct phone calls .
2. Schedule meetings with growers to discuss BMP' s, assess the growers needs and develop
a
conservation plan .
3 . Establish the BMP design for each grower; prioritize each grower' s design; generate and sign
contracts with each grower -accepted into the program; begin project installation.
4. Delivery of BMP and water quality/water quantity education programs to growers and the public-at-
large
5 . Generation of program final report.
Page 4 of 5
Contract #SG469AA
Amendment #1
V. DELIVERABLES and TIME FRAMES :
1 . A list of growers receiving funding, including the amount of affected acreage and type of BMP
funded will be kept on an electronic format spreadsheet.
2. Quarterly reports of accomplishments relative to educational outreach efforts .
3 . Summary Report of program expenditures , accomplishments and future recommendations .
ITEM COMPLETIONF from Effective Date)
Task 1 — Advertisement isement of Project/Fundmg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . .2 months
Task 2 — Growers Needs Assessments/Conservation Planes " , , " & so aseses * Vegas , , , * ease months
Task 3 — BMP Design, Scoring, Contracts, Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . .months 148
Task 4 — Education Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .
• • • •• • • • • • • • • . . . . . . . . . . . . .months 148
Task5 — Final Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18th month
VI. BUDGET :
spose Category SJRWMD IRSWCD Total
BMP Cost-Share $57,410 $57,410
Water Control Structures (top-over)
On Site Water Retention/Detention
Sediment Control
IRSWCD Admin Fee 21000 29000
In-Kind 10,000 10,000
TOTAL $59,410 $ 10,000 $69,410
Page 5 of 5
r
Cont'd from pg 2 . b '` l + /
Application Evaluation Review Sheet
Applicant Name : App . #413 ; Hammond Groves,
Address : P . O . Box 3278 , Vero Beach , FL 32964
Tract Number(s) .
Field Number(s) . Tower
Date . July 9 , 2004
Land Use/Field : Acres .
Micro4rrigated Citrus Grove 80
Best Management Practices Applied For:
1 . On-Site Water Detention/Retention.
Total BMP Costs: 70% Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost:
$41 ,680 $29 , 176 100 291 . 76 $121504
"I t `,Oft �i a rr ^
lil• r TV1i , a` itltl. • t Yw1
(Signature) Dake: (Checked By) Date:
7-/S _ 0
C Board Approval Date
3
4(Applicant Signature) Date
Privacy Act Statement: The following statements are made in accordance with the Privacy Act of 1974 (SU . S. C . 522x).
The authorities for requesting the information to be applied on this form are: 16 U .S.C. 590a-f (Soil and Water Conversation);
16U . S.C . 3801 et seq. (Food Security Acto of 1985, as ammended), and the regulation promulgated theruder. The information
requested is necessary for the evaluation of an application, development and implementation of a conservation plan as the
basis for satisfying program eligibility and compliance requirements, and for providing technical education, or financial assist-
ance under the previously mentioned authorities. Furnishing this information is voluntary; however, failure to furnish correct,
complete information will result in the withholding or withdrawal of such technical, educational , or financial assistance. This
information may be fumished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or the other
State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal.
IRSWCD
Page 3 (10-26-01 )
r 1 �
r
OPERATION AND MAINTENANCE PLAN
ONSITE WATER DETENTION / RETENTION
COOPERATOR CldB ✓�S DATE : 20 d
ADDRESS : D
PRACTICE LOCATION: SECTION TOWNSHIP 3 �S RANGE 3 8F FIELD NO. Z
r �/,�/z, , 6c /(z::�
GENERAL
A properly operated and maintained onsite water detention/retention system (OWDR) is an asset to
your farm. The OWDR was designed to attenuate both the rate and volume of off-site water and
sediment discharge following heavy storm events . The water may be stored for future use or released
off-site later at reduced discharge rates .
The estimated life span of this system is at least 10 years . The life of this system can be assured and
usually increased by developing and carrying out a good operation and maintenance program.
This practice will require you to perform periodic operations to maintain satisfactory performance.
Here are some recommendations to help you develop a good operation and maintenance program.
GENERAL RECONEVIENDATIONS
• Periodic removal of sediment may be necessary to maintain the effectiveness of this OWDR.
• Maintain vigorous growth of desirable vegetative cover on the side slopes . This includes re-
seeding, fertilization, and controlled application of herbicides when necessary. Periodic mowing
may also be needed to control height.
• Immediately repair any vehicular damage that may occur around the OWDR.
• Make sure the structure for water control(s) are functional and sediment is not being allowed to
pass through them.
INSPECTIONS
The practice should be inspected routinely and especially after major rainfall events . All items needing
maintenance should be repaired immediately.
VIOLATIONS
Failure to carry out the operation and maintenance required of this practice may result in the
reimbursement of the FDACS cost share dollars used for the installation of this practice.
CONTACT THE INDIAN RIVER SOIL & WATER CONSERVATION DISTRICT FOR
ADDITIONAL TECHNICAL ASSISTANCE YOU MAY NEED FOR MPLEMENTATION OF THIS
O & M PLAN.
Form date January 2003
EXHIBIT C
STANDARD TERMS FOR COST SHARE GRANT CONTRACT
1 . Termination : This Contract may be terminated by either
party in the event of a substantial failure by the other party to
perform in accordance with the terms of the Contract upon thirty
( 30 ) days prior written notice . In the event the County
terminates this Contract , the Recipient shall return all funds not
used as of the date of termination to the County within ten ( 10 )
calendar days .
2 . Notices : Any notice , request , demand , consent , approval
or other communication required or permitted by this Contract
shall be given or made in writing and shall be served , as elected
by the party giving such notice , by any of the following methods .
( 1 ) Hand delivery to the other party ; ( 2 ) Delivery by commercial
overnight courier service ; or ( 3 ) Mailed by registered or certified
mail ( postage prepaid ) , return receipt requested at the addresses
of the parties shown below .
County :
Indian River Soil & Water Conservation District
James Karl
1028 - 20th Place , Suite A
Vero Beach , FL 32960
Recipient .
Hammond Groves
Attn : Thomas Hammond
P . O . Box 3278
Vero Beach , FL 32964
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 justiciable in federal court .
1
5 . Entirety of Agreement : This Contract incorporates and
includes all prior and contemporaneous negotiations ,
correspondence , conversations , agreements , and understandings
applicable to the matters contained herein and the parties agree
that there are no commitments , agreements , or understandings
concerning the subject matter of this Contract that are not
contained herein . Accordingly , it is agreed that no deviation
from the terms hereof shall be predicated upon any prior
representations or agreements , whether oral or written . It is
further agreed that no modification , amendment or alteration in
the terms and conditions contained herein shall be effective
unless contained in a written document signed by both parties .
6 . Severability : If any term or provision of this Contract
or the application thereof to any person or circumstance shall , to
any extent , be held invalid or unenforceable for the remainder of
this Contract , then the application of such term or provision to
persons or circumstances other than those as to which it is held
invalid or unenforceable shall not be affected , and every other
term and provision of this Contract shall be deemed valid and
enforceable to the extent permitted by law .
7 . CAPTIONS AND INTERPRETATIONS : Captions in this Contract
are included for convenience only and are not to be considered in
any construction or interpretation of this Contract or any of its
provisions . Unless the context indicates otherwise , words
importing the singular number include the plural number , and vice
versa . Words of any gender include the correlative words of the
other genders , unless the sense indicates otherwise .
2