Loading...
HomeMy WebLinkAbout2005-005 T = � Pg � saaxbp pup SabpaTMOUNOP 4UaTdToag aq4 ' gopxgU00sTg4 bUTubTs SquauiaxTLLLJi:PZI axpgS qs00 0 • Z GgOPx4UOO sTg4 go 4xpd TPTx94pur P uixoj pup goaxaoo Pup anxq axe sTPqToax punoabxoeq ags • STP4Toag punox xopg 0 ' T aqq ' PabpaTMOuxoe Agaxag axpoT M : sMOTT09 se aaxbe saT4aed q g � O Aoenbape pup gdTaoax aq - ' UOTqpaaPTsuoo aTgenTPA Pup Poob xaggoup P pauTPquoo aaqjPUTaxag SgUPUGAOO Tpngnw a gq gqTM aouepa000p UT ' SgO.Iwl gy ' iwfq ' uTaxag g � xo� 49S SUOTqTPuoo pup suixa agq uo dWg aqq 4u9uiaTdwT ATTn; Pup ' aqpx quauzasxnquiTax uiPxboxd .. p94Pu6Tsa TgTgxS UT g � ao� has 9144 o -. spun] a. upx a P a g � � P ' punk o � qua ? dToag 9 g � aprnoxd o � Paaxbe seg Aqunoo agy • Q • uTaaag gqxoj has SUOT4TPUOo pup suixaq age, uo dWg aq � � uatuaTduiT ATTn3 PUP ' V gTgrqxS UT gq ,zo3 qaS uiPaboxd ., pa4Pubtsap age qP , Punk 0 .4 „ a4px 4uauiasxngmTax � uPxb axe s ( „ � uex0 .. ) Aauouz � O g -. soO e aoj AqunoO aqq 04 PaTTddp Seg 4uaTdTo9g • o • 9ou919391 STgq Aq A49aTgUa xTagq UT uTa .zaq Pagpxodaoout Pup ' g gTgTgxS se peouaaagax ATaAT409TTOo ' o �. axaq pa oe ST goTgM go gopa q � � P ST gaagS MaTAag UoTgpnTPAS 4UPOTTddV aq4 pup Td aoueua4uteW pup uOTgexad0 aq4 UT ggaog qas A PUP quauiaaxbv axe TTPaT 3Toads aaoui qS 4so0 eq -4 UT P94PTdwaquoo ( saoT4opad 4uaui9beupui gsaq A4TTPnb a94um Tean4TnoTabp age buT4uauiaTdult ATTn3 pue buTpunj ATTpTqapd go asodxnd a TgTbT a q4 aOj S4UaTdT39a / s4up3TTdde a T g4TM sgOea4Uoo OgUT xaque Alm Aqunoo g 4uauia9a5V axpgS -4so0 aq -4 9: 0 suixa4 aq -. Off. quensand • g 69Ouaa939x STgq Aq A4aaTqua SqT UT UTaaaq P94PaodaoouT PUP K gTgTgxS se ogaaaq PagoeqqP ( „ � uauiaaxb� axe 10089 # SF10Q3 gOex Uo � 0l uiexboad uoT � oa � oadxa4eM pazFsnxaTO xanTutpuj ae AqT4uena / A4TTPna x0J GgUauiqxedaQ .. ) s90TAaaSaaunsuo0 pup aan4TnoTxby go uau4xedaQ PpTxoT3 ag gqTM uauaaxbVsaoTAxaS Tpngoezquo0 e o uTpaaa � ua SPq Aqunoo OU • v s7vixio3x amoxoxovR ' ( „ 4UaTdToa 696Z £ ' M gapag Oaan ' 59 £ 069 xo S �� ) ' saoTAaaS uauia pup snx , g • 0 ' d go S99JPPP UP buTAeq W 4T0 p / q / P OUI SaTxgsnpuj zauTqaeW PUP ( „ Aquno0 .. ) ' PPTxOT3 go agpgS agq go UOTSTAT ns ' Aqunoo xaATE UPTpuj uaaM � q b00Z aq pup A Pg TPOT � TTod p sp 04uTpaaaqua ( „ 4opaquo0 .. ) goeagUOO �. uexg axpgS 4SOO STgj go Alova"00 X&NVW RUM ZS06 r ( i ) the funding source of this Contract is the Cost Share Agreement ; the Grant pays for only that portion of the cost of the BMP that is set forth on Exhibit B as the " Cost Share " ; the Recipient is solely responsible for the portion of the cost of the BMP that is set forth on Exhibit B as the "Applicant Cost " ; ( iv ) certain obligations of the County under the Cost Share Agreement will be performed by the Recipient and the County , respectively ; ( v ) 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 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 ; 2 ( xii ) Permit , and a Consumptive Use Permit , an Environmental Resource Permit , or an Agricultural Surface Water Management Systems Permit pursuant to applicable provisions of the Florida Administrative Code to be eligible for the Grant ; ( xiii ) the Recipient has not been placed on the State of Florida convicted vendor list kept by the Florida Department of Management Services pursuant to Florida Statutes section 287 . 133 ; and ( xiv ) the employment by the Recipient of unauthorized aliens is a violation of Section 274A ( e ) of the Immigration and Nationalization Act , and such violation shall be cause for unilateral cancellation of this Contract . 3 . 0 Standard Terms . This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference . IN WITNESS WHEREOF , the County and the Recipient have executed this Agreement as of the date first written above . n� rtineL � ndasttins � �� RECIPIENT • dtbla C; trn uso )ana " me 'r% rulc� INDIAN RIVER COUNTY • BOARD OF C UNTY COMMISSIONERS Signature : By : Title : .�/� Thomas S . Lowther Chairman Att J . K . Barto rk B Deputy Clerk Approved . Indian River Co . Approved Date Administrator (1'3 D sepli A . Baird , Legal ounty Administrator Budget Appr ved as to form Risk Manager a 1 al sufficiency : Department h Marian E . Fell Assistant County Attorney BCC approval date 01 - 04 - 2005 3 1 r 63 A - Florida Department of A= ` cu ' _ .. _ .J and Consumer Services 'a Division of Administra = or. CHARLES H. BRONSON COMMISSIONER CONTRACTUAL SERVICES AGREEMENT This AGREEMENT , made and entered into this dad of by and between the DEPARTMENT OF .AGRICULTURE A1\1DCONSb7MER SERVICES , State of Florida , and the Indi an River Board of County Commissioners , the CONTRACTOR . CONTRACT PERIOD : This Agreement shall be in effec _ from the date of execution for a period of three years . The Contractor agrees to provide all deliverables as stipulated in the Scope of Work , hereby incorporated by reference as an attachment . The six digit Department of Management Services ' class / group code commodity catalog control number is : 9733nn The Department of Agriculture and Consumer Services will pay the Contractor in arrears as follows : an advance of twenty five percent of the first year funds will be dispersed to the Contractor at the execution of this contract with the balance to be paid upon submission of invoices and other supporting documentation . Total distributions will not exceed $ 250 , 000 per year , including not more than a 5 % administration cost to be dispersed to the Indian River Soil and Water Conservation District for each contract administered under this agreement . Bills for any authorized travel expenses shall be submitted and paid in accordance with the rates specified in Section 112 . 061 , Florida Statutes , governing payments by the State for travel expenses . Authorization for travel expenses must be specified in the paragraph for payments directly above . Bills for services shall be submitted in triplicate to Department of Agriculture and Consumer Services , Office of Aaricultural Water Policy , 1203 Governors Square Boulevard , 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 1 spe _ firms w of ieriSe Wi � h � � excep � ion of na _rmen � s : e _ - = - care providers lforhospital , medical , or other heat - - care if payment is not av '= fable :ai thin 40 service .. , - . from the latter of the date : he invoice is rece :. ve : or sere es are received , in = pe ped and approved , - _ - ra - interest penalty set by the Co _„ptroller pursuar_ t . c Secc : on 55 . 03 , Florida Statutes , will be due and payable addi7ion to the invoice amount . To obtain the applicable interest rate , please contact the Agency ' s Fiscal Sec : . . . . at- ( 8 = :04H - 2020 t( 850488 - 2020 or Purchasing Of = ice at ( 850 ) 488 - 755 = . Payments to health care pr3viders for hospitals , 7 = cal or other health care services , shall be made not more ;. nan 35 days from the date eligibility for pa -y•ment 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 Banking and Finance . The duties of this irdi -. idua ' 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 ) 488 - 2924 or by calling the State Comptroller ' s Hotline , 1 - 800 - 848 - 3792 . The Department may make partial payments to the Contractor upon partial delivery of services when a request for such partial payment is made by the Contractor and approved by the Department . This contract may be cancelled by either party giving 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 . ' 19 . 07 ( 1 ) , Florida Statutes . Extension of a contract for contractual services shall be in writing for a single period only not to exceed six ( 6 ) moths and shall be subject to the same terMs and conditions set for . 1 contract . ? i . arn SIS .� e only Cale - - CcnzraC unless the failure to meet . he criteria set fC _ = the contract for comp ! eti ori of the C � . . tract 1s due bevc .ld the control o = the Contractor . If i nitially ccs ties _ � _ p =.,. red , Contracts for contractual services may be re :'_ = we—^ � n a yearly basis for no more than two ( 2 ) years , or for a p ` r _ c ;: no longer than the term of the original contract , whichever tieriod is longer . Renewal of a contract for contractual services ha = ' be in writing and shall be subject to the same terms a ~ d conditions set forth in the initial contract . Renewals s :. al = be contingent upon sati sfactor �•� performance evaluations b the AgerCy * 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 continge ' t upon an annual appropriation by the Legislature as provided in Section 287 . 0582 , Florida Statutes . Be Subject to the approval of the State Comptroller ( Department of Banking and Finance ) . It is mutually understood and agreed that if this contract disburses grants and aids appropriations , it is . Subject to the requirements of Section 216 . 347 , Florida Statutes , a state agency , a water management district , or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the Cof the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature , the judicial branch , or a state agency . The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors , but are only applicable to a contractor subject to the Florida Single Audit Act . A . There are uniform state audit requirements for state financial assistance provided by state agencies to Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215 . 97 , Florida Statutes ( F . S . ) , which may be applicable to and binding upon Recipient . Nonstat = entity means a local governmental entity , nonprofit or : cY - pry o _ � a oraaniZa � ion , source . that receives sRecip ,ent means a Ncns = _ state re " y � inanC _ al assis LGLC _ a state awarding agenc ,v . Be In the event that t- ne 9. ecJ pinnt , expendsC _ J of state financial ass - stance equate to O _ _ _ - - - $ 300 , 000 in any fiscal year of such zz�- have a state single or Recipient muss. � - - audit conducted for such fiscal year in acz : rda with Section 215 . 97 , F . S . , applicable rules o - _ - - - Executive Office of the Governor , rules Of = he Comptroller , and Chapter 10 . 600 , rules Of = h e : - - General . In determining the state financia - assistance expended in its fiscal year , the Rec - � - e = shall consider all sources of state financ _ al assistance , including state funds received = rcm -. ' s Department resource , except that state fi : a =icfe � _ � assistance received by a Nonstate entity for = financial assistance and state matching recuireT- = n = s shall be excluded from consideration . C . Audits conducted pursuant to Section 215 . 97 , F . � . , lly , and ( 2 ) ccr_ duc = ed by shall be : ( l ) performed annua independent auditors in accordance with auditing o standards as stated in rules of the Auditor Genera 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 Ncns : aLe entity or allowing access and examination of these records by the state awarding agency , the Comptroller , or the Auditor General . E . If the Nonstate entity does not meet the threshc = d _ requiring the state single audit , such Nons �. ate e . - - i = Y must meet terms and conditions specified in this written agreement with the state awarding agencV • F . Each state awarding agency shall : information needed A.; = he ; 1 ) Provide to a Recipient , ^ _ - Recipient to comply with the requireme �. _ s Section 215 . 97 , F . S . 4 Requires as a - ' receiving sate � i ^ ancial assis .. ance , - - _ � � Y +- the Comte saward -1- -ng = = .- - - -- - - - the ate - agency , - the Auditor General access to the Y , records and she Recipient ' s independer pape _ s as necessary for cc �<<P1 ,� ir: g i wor . _ ing Y - the requirements of Section ' 215 . 97 , ^ � • S - ^ ne Recipient is required to retain sL - records demonstrating its compliance wit 's = ' e terms of this agreement for a period of years from the date the audit report i _ . - = and and shall allow the Department of Agr , cu - - Consumer Services or its designee , access to sucr: 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 tr= e conduct of additional audits or evaluations o 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 letnrt - .. - , auditee ' s written responses or corrective action follow - up of prior years plan , correspondence on 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 Mavo Building 407 South Calhoun Street Tallahassee , Florida 32399 - 0800 5 r ( b ) The Auditor General ' s Office at the following address : State of Florida Auditor General Room 574 , Claude Pepper Building 111 West Madison Street Tallahassee , Florida 32302 - 1450 G . The Recipient is hereby notified of and bound by the requirements of F . , above . It is expressly understood and agreed that any articles which are the subject of , or required to carry out , this contract shall be purchased from the corporation identified under Chapter 946 , Florida Statutes , in the same manner and under the same procedures set forth in Section 946 . 515 ( 2 ) and ( 4 ) , Florida Statutes ; and for the purposes of this contract the person , firm , or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this Agency insofar as dealings with such corporation are concerned . The ' ' corporation identified ' ' is Prison Rehabilitative Industries and Diversified Enterprises , Incorporated . Available products , pricing and delivery schedules may be obtained by contacting : PRIDE of Florida , 12425 2 .8 L `' Street , North , St . Petersburg , Florida 33727 , telephone number ( 813 ) 572 - 1987 . The CONTRACTOR is informed that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity , 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 , supp liert 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 informedthat the pof artment shall unauthorized aliens consider the employment by any Contractor a violation of Section 274A ( e ) of the Immigration and Nationalization Act . Such violation shall be cause for unilateral cancellation of this . contract . The CONTRACTOR is informed that an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity , may not submit a bid on a contract with a public entity 6 for the construction or repair of a public building or public work , may not submit bids on leasWsr � fasreal contPactor , osuppl � er , entity , may not award or perform o subcontractor , or consultant under contract with any oublic entity , and may not transact business with any oublic entity . In the event that two oati , in more de tiding nts cfuture amendments ine to form this agreement between the pres 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 the Department epartl be entrolling . Agriculture and Consumer Services Contract All contracts entered into by the Department of Agriculture _ and Consumer Services or any Division orrB � rea 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 Pforuthateclausethereunder requirementsame andsect be ] bindinglon all substitute parties to this contract . The Contract Manager for the Department is Wm . Mark Jennings and is located at 1203 Governors Square Boulevard , Suite 00 , Tallahassee , Florida , 323011 ( 850 ) 488 - 6249 . The Contract Manager for the Contractor is Liberta Scotto and is located at Indian River County Coo erative Extension Service_ 1028 ZOt" Place_ Suite D Vero Beach Florida 32960- 5360 ( 561 ) 770-5030 . 7 r r • Signed by parties to this agreement : Department Of Agriculture And Indian River County , Florida Consumer Services Board of County Commissioners : Mr . Mike Gresham *sR4M—AkStanbrai Director of Administration ge Chairman BCC Approved : April 2 , 2002 ` ( Attest : Jeffery K . Barton , Date Clerk of Circuit Court GLztorw V � . Ms . Patricia M . Ridgely , Deputy Clerk i County Attorney Approved as to form and Legal Sufficiency / Ir . James E . Chandler ounty Administrator Date 596000674 DACS - 01085 Contractor ' s FEID Number 05 / 01 8 4 SCOPE OF WORK PROJECT TITLE : Indian River County Citrus Best Management Practices BACKGROUND : Man- activities such as urban development , agriculture, industry, and regional water management have impacted the water quality of the Indian River Lagoon (IRL ) and the Upper St . John ' s River (USJR) . Segments of these water-bodies that do not meet applicable water quality standards have been identified as "impaired" in accordance with Section 303 ( d ) of the Federal Clean Water Act (FCWA) . In an effort to educate the area citrus growers about the water quality problems occurring in the IRL and USJR watersheds and to provide them with the tools necessary to ensure that their operations do not contribute to these problems , the Indian River Citrus League working cooperatively with individual growers, the University of Florida; Institute of Food & Agricultural Sciences (UF/IFAS), Florida Department of Agriculture and Consumer Services (FDACS ), and state and regional regulatory agencies compiled a "living" document entitled, " Water Oualitu Quantitjy Best Management Practice 's (B11Ps) for Indian River Area Citrus Groves ". PROJECT SUMMARY : . This project will provide Indian River County citrus growers with technical support in the identification on BMPs and financial support for the implementation of BMPs . In order to reach Indian River County citrus growers in a timely manner, the opportunity for cost sharing will be advertised through a variety. of methods (newsletters, web sites, newspaper articles,. phone calls, etc . ) . Staff from the Indian River Soil and Water Conservation District (IRSWCD) and,'or the USDA Natural Resources Conservation Service (MRCS) District Conservationist will meet with prospective candidates to assess their needs with respect to the program objectives . IRSWCD will assist each applicant in conducting a "self assessment" for each grove that is included in the cost share application . This assessment will utilize the Grower Best Management Practices Checklist (Attachment A) developed by the Indian River Citrus Area Best Management Practices Implementation Committee. Once the appropriate practices have been identified for each grove, the IRSWCD will identify those practices that are eligible for cost share in the Applicants Handbook titled Indian Rimer Area Water Onaliny, Ouarrtitly Protection Program (Attachment B ) . While participation in this program is not contingent upon participation in any Consen-ation Program administered by the USDA, enrollment in one or more of these programs is encouraged . For those growers that choose to participate in a USDA Conservation Program, a Conservation Plan for each grove will be developed by the IRSWCD in cooperation with the NRCS once the applicant has been approved . This plan will include but is . not limited to nutrient management, pesticide management, irrigation water management , technical information and design . 03 /05/1021 t PROJECT DESCRIPTION : Objectives : 1 . To educate the Indian River County citrus growers about water quality issues , the role of BMPs in improving water quality , and BMP implementation . 2 . To increase the acreage of citrus under Bh1P implementation in Indian River County . ; . financial assistance to Indian River County growers for the To provide technical and implementation of BMPS . 4 . To reduce the potential for pollutants from citrus groves entering the IRL and USJR watersheds . Scope of Work: In an effort to reach Indian River County citrus growers in a timely manner, the opportunity for cost sharing will be advertised through a variety of methods (newsletters , web sites, newspaper articles, phone calls, etc . ) . Interested growers will meet with the Water Quality Extension Agent to receive a copy of the BMP Manual , view a BMP video , and discuss the importance of BMPs in affecting water quality improvements in the Indian River Lagoon and Upper St . Johns Watersheds . Growers who choose to participate in this Indian River Area Water Quality/Quantity Protection Program must submit an application to the IRSWCD . IRSWCD will then assist each applicant in conducting a "self assessment" for each grove that is included in the cost share application . This assessment will utilize the Grouter Best Management Practices Checklist. Once the appropriate practices have been identified for each grove, the IRSWCD will identify those practices that are eligible for cost share in the Applicants Handbook. The Applicant Handbooks establishes the percentage of cost-share funding available for each eligible practice . The applicant is responsible for the remainder of the cost . There is a $ 50, 000 maximum in program funds available per applicant per year. Each applicant will provide preliminary designs prepared by one or more of the following : a private contractor, the NRCS , or the IRSWCD . The applicant will solicit cost estimates for the preliminary designs and submit them with the designs to the IRSWCD for review and approval . The IRSWCD will present a list of qualifying projects to the Indian River Board of County Commissioners (Board) . Once approved by the Board, the grower must agree to follow an approved Operati017 and Maintenance Plan for the life span of the practices . This plan will describe the procedures each BMP . At this point the grower will receive necessary to properly operate and maintain 03 /05/02 approval to install the practices according to approved designs . The BMP installation must meet all design criteria before it can be certified as complete by IRSWCDNRCS staff. Routine consultation with MRCS/IRSWCD staff throughout the installation process is advised . Once installation is complete the grower shall provide the IRSWCD all of the appropriate documentation . The IRSWCD will then submit all of the documentation to the Board for authorization of reimbursement to the grower. The IRSWCD will provide FDACS with quarterly reports . These reports will include : a summary of all work accomplished, the number of acres enrolled in each practice, the amount of program funds distributed to date, a summary of the amount of program funds used as non- federal match, the amount of federal matching funds applied to this program through USDA conservation programs, and all of the invoices supporting the distribution of program funds . PROGRAM FUNDING PRIORITIES : Project funds for each year will be distributed to applicants based upon the Environmental Benefits Index (EBI) ranking delineated below. Environmental Benefit Index BMP POINTS 1 . On- site Water Detention/Retention 100 each 2 . Conversion or Repair of Flashboard Riser Water Control Structure 25 each 3 . Precision Application Equipment 20 each 4 . Portable Agrichemical Mixing Station 20 each 5 . Chemigation Infrastructure 20 each 6 . Aquatic Weed Barrier 10 each 7 . Permanent Agrichemical Washdown Station 10 each 8 . Water Table Observation Well 5 each 9 . Grade Stabilization Structure 5 each 10 . Conversion to Microirrigation 1 point per acre DELIVERABLES : 1 . Quarterly reports as described above will be provided to the FDACS Project Manager in hard copy and electronic format . 2 . A detailed Final Annual Report will be provided to the FDACS Project Manager in hard copy and electronic format . This report will consist of a detailed summary of the information included in the quarterly reports and an assessment of the overall success of the program . 03 /05/02 WORKPLAN' : Task 1 — Advertisement and Application of Project/Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . Month 1 Task " — Cost - Share Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 - 10 Task 3 — Quarterly Reports ' . . , . ... . . . " I . . . . . . * . . * * . . . . . . . . . . I . . . . . . . . . . . . . . . . . . . . . . . . . . Months .) , 6 , and 9 Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Final 2 Months of Contract PROJECT MANAGER: Liberta Scotto, Extension Agent II Indian River County Cooperative Extension Service 1028 20th Place, Suite D Vero Beach, FL 32960- 5360 561 - 770- 5030 COOPERATING AGENCIES : Florida Department of Agriculture and Consumer Services Office of Agricultural Water Policy 1203 Governor' s Square Blvd . Tallahassee, FL 32301 850488 -6249 USDA-Natural Resources Conservation Service 1028 .07e Place, Suite A Vero Beach, FL 32960- 5360 561 - 5624923 Indian River Soil and Water Conservation District 1028 20'h Place, Suite A Vero Beach, FL 32960-5360 561 - 770- 5005 University of Florida Institute of Food & Agricultural Sciences Indian River County Cooperative Extension Service 1028 2e Place, Suite D Vero Beach, FL 32960 - 5360 561 - 770- 5030 4 03 /05/02 1 FISCAL AGENT: Indian River Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 561 - 5674000 PROJECT BUDGET: CATEGORY ANNUAL BMP Installation Cost- Share $ 237, 500 5% Administration 127500 TOTAL $ 250,000 03/ 11/02 5 • { y r i y ATTACHMENT " A " CITRUS GROWER BEST MANAGEMENT PRACTICES CHECKLIST The following checklist is designed to assist Indian River Area Citrus Growers in identif%-ing the . most approp^ate Pest Management Practices (BMPs) or group of strategies for their specific site and gro« ing conditions . TI sults esults should be kept on file and reviewed annually to determine if progress is being made in reducing off-site discharges of sediment . pesticides , nutrients• and aquatic plants . Providing the information requested below for the Introduction section is not msndator: . but listing this oluntan' information «ill help the grove manager select Blt1Ps that are appropriate for their specinc gro , e configLration . I. INTRODL CTIONe A. Name and Location : 1 . Grove Name: 2 . Legal Description: (Tsp . , Sec . Range ) 3 . Size (acres) and Varieties including rootstock: 4 . Number of trees per acre : 5 . Physical Structures including wells : a. Location and capacity of Reservoirs . b . Discharge locations - c . Control Structures - B . Specific Information: 1 . Maps including soil type - (please attach) a. GPS maps preferred b . Other map types such as aerial maps or site maps showing grove eatures 2 . Characteristics of known soils : a. Predominant soil type (series) : b . Texture , & Percent Organic Matter: (% sand , silt, clay) 3 . Irrigation and Drainage information a. Single row beds with swales : (width and type ) b . Double row beds : (width and type) c . Other bed configuration: d . Microjet, Drip , Overhead, or flood irrigation: e . Dimensions of drainage ditches and amount of water contained : f. Pump capacity outflow/intake : *Note : A IF answer for any sun 'ey question indicates that the grove being surveyed is in compliance with the referenced BMPs. A no answer indicates that the referenced BMPs would improve the em•ironmental performance of the grove. but implementation of all BMPs so referenced is not required Review BAJPs listed for questions that were answered " no" . Select specific BMPs from those indicated by a no answer that are appropriate for application to the grove unit sunveyed. These BMPs to be implemented should be listed in the "BMPs . . . that grove management agrees to implement . " section. Use the comment section at the end of this document ( Section VII) to explain N\ by certain BA1Ps from questions that were answered " no" «'ill not be implemented. The comment section can also be used to elaborate on am- items or questions that maybe unclear or ambiguous. or to explain particular grove conditions . Comments should be referenced to the specific section and question number of the survey. N/A ma}' be used if the question or se:tion does not apply to that particular grove . 1 Yes do B 'NlPs II, WATER VOLUME : _ Irritation Practices : 1 ) . Axe irrigation events scheduled based on : Al . D15 • evapotranspiration (ET ) J _ Al ) D15 • rainfall events , — Al , D15 • and/or other scientific data? — Infrastructure: A7; B7 canals and ditches maintained periodically ? J ? ) . Are existing — A6- 7 , 9 3 ) . Can on- site detention or storage be provided using the present system of canals and ditches ? A9 4) . Is there an on- site reservoir ? — Drainage Jfanagetnent: - A2 _ ; , 7 - 8 5 ) . Are pumps and/or discharge structures setup to achieve uniform drainage throughout the grove ? Al _ ; , 6 -7 6) . Are drainage events managed according to a Drainage Management Plan? Water Table Management: 7) . Are groundwater levels monitored to meet tree water demands and prevent root pruning by: ❑ Al -? , 5 _6 • soil moisture probes • s D ❑ Al -'' , : -6 tensiometer ;�1 Al -21 5 -6 • water table observation wells 2 Yes No BMPs III . SEDIN[ENT : Drainage Structures: _ B 1 8 ) . Are culverts with functional riser/sinker boards installed J on appropriate lateral and side ditch connections ? 9 ) . Are the culvert structures properly installed and maintained ? _ J BI Ditch Infrastructure 10) . Are there settling basins or sumps to trap sediment at field ditch B2 connections to laterals and other main canals prior to discharge ? 11 ) . Are these basins maintained at an appropriate frequency ? J B3 12) . Are ditches and canals constructed with proper side bank stabilization methods; i . e . sloping or shoring? Ditch Management: 13 ) . Is vegetative cover maintained near can or ditch banks ? ❑ B4 , B � 14) . Are there vegetative buffer strips maintained near environmentally B4 sensitive lands ? D B8 15 ) . Are measures taken to prevent side-bank erosion due to the flow ❑ of water directly down the sides of the banks (i . e . berms) ? 16 ) . Are riprap, concrete headwalls, sandbags, or wingwalls ❑ B9 used to protect canal banks from erosion? Bed/Furro}vManagement: B10, Al -4 17 ) . Are water furrows properly shaped and grassed to prevent erosion, 0 rutting, and other problems that may result in excess sediment transport off- site? 18 ) . Is a narrow herbicide band maintained with a width appropriate 1 B11 for the size of the trees? B 10- 14 19) . Are vegetated water furrows, drain tiles, and settling basins used 0 to insure minimum movement of sediment to off-site water bodies ? Construction Activities: 30) . Are measures taken to prevent erosion ( sediment loss) during B10 , 15 earth-working activities (i . e . , hay bales or ribbon turbidity barriers) ? 3 IV . PESTICIDES : Yes '=o B '� 1Ps Equipment Afaintenance: , 7 , 10 21 ) . Is all pesticide application equipment properly calibrated and _ — maintained ? Education and Training: C5 , 16 22 ) . Are regularly scheduled training sessions held for spray applicators and others responsible for applying, handling, mixing/loading and recommending pesticides ? - C5 Is this training documented? Li J C5 24 ) . Does this training accommodate speakers of other languages ? 25 ) . Are pesticide labels and label updates discussed periodically C5 , 10 with your employees? 26) . When discussing pesticide labels is particular attention paid to C5 , 10 the "Environmental Hazards" section? 27 ) . Are applicators trained to control and contain spilled pesticides ? a C5 , 7 Pollution Prevention and Preparedness: 28 ) . Is a written contingency plan readily available in the event u u C5 , 7 of a chemical spill, and are all employees familiar with this plan? 29 ) . Are the necessary materials maintained onsite for use in spill 0 i7 C7 , 17 response involving small incidents (i . e . , absorbent materials, recovery drums, PPE, and tools) ? 30 ) . Are routine inspections of the pesticide storage area conducted �7 C5 ; C17 to check for leaks and spills? �, ❑ C17 31 ) . Are reusable mini-bulk containers stored in an area contained to prevent runoff into streams, ditches, or wellheads? 32 ) . Are excess spray solutions containing pesticides managed ❑ u C17. 18a properly, either by using as the diluent in another application or by applying it to a target site at labeled rates? C1 8a 33 ) . When possible, do you return unopened, unused pesticides in their original container to your local agrichemical dealer? 34 ) . Is the pesticide storage facility clearly marked and provided C17 with fire extinguishers ? 4 I� PESTICIDES ( continued ) : Yes No BIPs Application ?Methods : 35 ) . are appropriate measures taken to reduce spray drift using : — CI nozzle selection71 J • spray pressure C 1 drift reducing adjuvants J _ C l windbreaks C1 • and/or other drift control materials ? ❑ C1 36) . are pesticides applied only when wind speeds are less than 10 mph? 1:1 C = JON 37 ) . Is the efficiency of pesticides maximized by timing applications — C_ based on anticipated weather conditions and irrigation events ? 38 ) . Are sprayer nozzles turned off at the trunk of the last tree within 0 C ) , a- d rows, with end trees being sprayed by making a last pass around the outside perimeter of the block with only the inside nozzles turned on wra ino) ? 39 ) . Are the last three rows of trees sprayed windward of waterways ❑ C - 3e using nozzles on one side only, with spray directed away from aquatic areas ? 40) . Are all of the required records for pesticide applications, u u C16 including date, time, location of treatment, target site, crop, total area, brand name, EPA Registration number, total amount, and method of application recorded by a certified applicator? 41 ) . Are records and copies of current pesticide labels filed conveniently D C16 where they can be easily retrieved, or are they posted at a central location or on a permanent internet web site? 42) . Are all agrichemicals stored in a locked facility? OL7 C17 43 ) . Does this facility have a concrete floor with a 4" lip ? 0 -D C17 44) . are the materials segregated by type (herbicides, fungicides , 0 10 C17 and insecticides) ? 45 ) . Are all stored pesticide materials properly labeled ? 0 LJ C17 46) . Is an accurate inventory kept of all crop protection products? 1:1 ❑ C5 , 1647 MLxhzg and Loading Activities: 71 C 11 47 ) . Is application equipment washed on a concrete pad with a sump, 0 and is the wash-water collected and reused in other applications ? 48 ) . Are anti- siphoning devices, artesian pressure, or other measures C 12 utilized to prevent back siphoning of pesticides into ditches , canals, or wells? 49 ) . If pesticides are mixed at or near the same site year after year, is C 13 a there a concrete pad with a sump to minimize contamination from small spills and leaks? _ 50 ) . are wellheads properly elevated or grouted C13a-b to prevent contamination of wells during pesticide mixing/loading operations ? 5 Yes No BMPs PESTICIDES ( continued) : Mixing and Loading .Activities (continued) : = C 1 a- b 51 ) . Are mix/load stations located where runoff will not cam' spilled chemicals into surface water bodies ? _ C 13b 52 ) . Is there a system of portable mix/load stations or water only nurse tanks, and are they moved frequently ? 53 ) . Is secondary containment provided to reduce contamination - - due to small spills? - - C13 - 14 54 ) . Are jet-rinse nozzles or some other method used at your mix/load -' - sites to insure that used pesticide containers are properly rinsed ? _ C 14 55 ) . Are triple rinsed containers punctured and stored properly = (e , in a covered, locked shed) prior to disposal or recycling ? ] C 14 , 18 56) . Are these containers then burned onsite in small batches (i . e . , less than 500 lbs . ) Integrated Pest Afwiagement: — C6 J 57) . Are a combination of control measures used targeting specific pests and diseases, including mechanical, cultural, biological, and chemical systems (i . e . Integrated Pest Management) ? -i = CS 58 ) . Are precision application techniques, such as Global Positioning Systems, infrared imaging, or other advanced sensing devices used when applying crop protection products? C9 59) . Is soil pH maintained at a level that reduces the solubility of free copper ions (which otherwise may be transported off- site), where this pH level will not hinder optimum crop production? — CI S 60 ) . Are specific factors of both the target area, such as the soil type, ❑ u and the leaching and runoff potential of the pesticide to be applied considered when selecting a chemical for a specific pest? 6 Yes No BMPs V. NUTRIENTS : —" Education and Trainincy - - Dl 61 ) . .Aie field operators or sub - contractors of fertilizer application - - eauipment properly trained in the handling, loading, and calibration of spreaders and other equipment? - DI 62 ) . Is this training documented? - - D2 , 6 , 13 , 18 61 ) . In general are the recommendations of the University of Florida ' s _ - Institute of Food and Agricultural Sciences ( SP - 169 ) followed ? Pollutiun Prevention : 63 ) . Is dry fertilizer stored in an area that is protected from rainfall ? _ D8 64 ) . Are stationary liquid fertilizer tanks stored on a concrete slab ? _ D8 . 65 ) . Are leaks f 19 rom pipes, valves , equipment, or tanks repaired promptly ? _ 66 ) . Are bulk trailers parked away from canals , ditches , or wells (as -- D 10 - 1 '- much as is practicable) to avoid contaminating adjacent water bodies during loading operations ? - 7 D9 67 ) . Is spilled fertilizer transferred to application equipment u - and applied to the target area? D9 68 ) . Is a tarpaulin or other containment measure used to minimize spillage when loading and unloading dry fertilizers ? D9 , 11 69 ) . Is the site used to load and unload fertilizer moved frequently ? 70) . . Are check valves used to prevent backflow when pumping surface 7 �.i 1) 10 , 12 or well water to mix with fertilizer for fertigation? D 12 - 13 71 ) . Are anti- siphoning devices, artesian pressure or - other measures installed to prevent back siphoning into canals, ditches or wells when mixing nutrient sources for foliar application? 71 �i D 13 , 16718 72 ) . Are fertilizer applications managed to protect environmentally sensitive areas by using : • controlled release fertilizers ❑ u Dl J , 18 • frequent low concentration fertigation events �7 D13 , 18 • multiple applications D13 , 18 • variable rate technology ? D13 , 18 73 ) . Are vegetative filter strips maintained in or adjacent to [, D14 environmentally sensitive areas ? 74 ) . Are organic matter amendments (e. gD _b ,. , Class A sludge or other 2 1 approved organic matter sources) an integral part of the nutrient management program? - D17 75 ) . Are old unused wells plugged ( decommissioned) ? 7 V. NUTRIENTS ( continued ) : les No B :�iPs RI Sampling artd Analysis: 76 ) . Is there a nutrient management plan that allows for optimum crop = D-' production based on soil, water, and plant sample analyses ? 77 ) . Is there a program of annual soil , leaf tissue and irrigation water — D2 - � sampling, analysis and interpretation to formulate a nutrient recommendation based on crop response? 78 ) . Are the samples obtained in precisely the same location each year? - D2 - 3 Equipment Maintenance: 79 ) . Is the machinery designed to apple fertilizers properly calibrated, J — D4 - 5 maintained and operated, so that the desired rates are consistent with the form and sources of nutrients ? Application Afethods: 80) . Are nutrients placed directly on the root zone of trees, within the 11 D5 -D6 drip - Iine, on the high side of the bed , carefully avoiding placement in the furrow or ditch? 81 ) . Are "high risk" fertilizer applications (such as prior to a storm , _ D7 on bare soils with a high potential for erosion, or when the water table is at or near the surface) avoided ? 82) . When applying foliar fertilizers is care taken to minimize drift ? 1 D 13 83 ) . Are a combination of liquid , dry, or foliar feeding used to maximize D2 . 1 .) 7 15 , 18 plant uptake and minimize losses of nutrients? Storage and Handling: 84) . If equipment or bulk trailers containing fertilizers are parked El D1 , 8 -97 11 overnight is adequate security provided ? 8 VI . AQUATIC PLANTS : Yes No RM NIPS 85 ) . Are ditches maintained to prevent aquatic plants from clogging = E1 discharge structures ? 86 ) . Are measures taken to prevent floating vegetation from clogging D :1 E1 culvert riser structures? 87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes 1 E1 used to limit the movement of aquatic weeds and debris from canals and ditches to off-site waterways ? 88 ) . Are fish barriers used to contain grass carp within targeted ditches ? ❑ E2 Strategies: 89) . Are mechanical harvesters used to remove aquatic weeds from 0 0 E1 ditches or canals ? 90) . Are biological control agents such as flea beetles, hyacinth weevils, 0 0 E2 or grass carp used to manage aquatic weeds ? 91 ) . When selecting aquatic herbicides for target species is mode of 0 0 E3 action, residual toxicity, and potential for offsite movement considered? 92) . Are appropriate measures taken to control drift and place the desired u E3 chemical on the weed to be eliminated whether it is submersed, emergent or floating? 9 VII. CONCLUSION AND RESOLUTION : .assessment conducted by (print name) : Signature : Grove representative ( if different from above) : Sianature : Date : Comments : BMPs (selected from the BMPs indicated by no answers) not currently in place that grove management agrees to implement: 11 / 16/01 Tom & Doug 11 /20/01 dgs corrections and formatting, etc 11 /30/01 dgs corrections as per 11 30 01 meeting 12/ 11 /01 dgs corrections as per Rich Budell 12/ 17/01 dgs corrections as per 12 14 01 field test 12/ 18/01 Tom & Doug corrections as per 12 14 01 field test 10 v v W j� V A A � a4 a. fnM� It I 44 . ' Xrl ,• ! Y _ _ T . � . , 14, Ia to, } r _ titi t I t . . 1 .40 It LL ' 46r • ` x a r ' v IL 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 COStShare Rates and Alternative 6 Rates for Joint Program Participation 8 .0 Application Procedure 7 9.0 Applicant Eligibility 8 10. 0 Maintenance Requirements 8 11 . 0 Primary Administrative Agencies / Contacts 8 12 . 0 Local Program Delivery Agencies and Contacts for Each County 9 Appendix A - Application Form 10 Appendix B - Request for Cost Share Reimbursement Form 11 Appendix C - Map of Program Area 12 1 .0 Introduction This handbook provides guidance to applicants (grove owners and grove caretakers) who wish to obtain funding under the Indian River Citrus Area ( IRCA) Water Quality/Quantity Protection Program (WQQPP) . It contains the necessary information to understand the program and the application form . Specific application procedures to be followed will vary depending on the sub-region where the farm is located and the local organization that has been contracted to deliver program funds on behalf of the Florida Department of Agriculture and Consumer Services (FDACS ) . 2.0 Joint-Agency Water Resource Mandates The St, Johns River Water Management District (District) was created by the Water Resources Act of 1972 (Chapter 373, Florida Statutes). Section 373 . 016 sets forth the Districfs purpose and scope. Similarly, the Florida Department of Agriculture aid Consumer Services (FDACS) has responsibility under sections 403. 067 and 570 . 085 , Florida Statutes. These responsibilities include, but are not limited to, the following : a) To provide for the management of water and related land resources ; b) To promote the conservation , development and proper utilization of surface and groundwater, c) To develop and regulate dams, impoundments, reservoirs and other works to promote water storage , for beneficial purposes ; d) To minimize degradation of water resources caused by be discharge of storm water; e) To preserve natural resources, fish and wildlife; and , f) To restore impaired waterbodies pursuant to the state's Total Maximum Daily Loads program . 3.0 Purpose of the Program This program has been established to promote agricultural BMPs (refer to section 5 . 0) in the IRCA, in order to achieve the goals and objectives described primarily in Section 2 . 0 (b) , and to provide an overall water resource benefit to the Indian River Lagoon ( IRL) and Upper St. Johns River ( USJR) watersheds. Through the program, FDACS will provide reimbursement for select agricultural practices that have potential water conservation , sediment control, and water quality benefits. It is anticipated that this program will provide area citrus growers with economic assistance that would facilitate their voluntary implementation of BMPs that would not otherwise be economically feasible . 4.0 Key Participating Agencies and Organizations • Florida Department of Agriculture and Consumer Services ( FDACS ) • St. Johns River Water Management District (SJRWMD) • South Florida Water Management District (SFWMD ) • USDXNatural Resources Conservation Service (NRCS ) • Indian River Soil and Water Conservation District ( IRSWCD ) • University of Florida / Institute of Food and Agricultural ' Sciences - Cooperative Extension Service ( Indian River County) • Indian River Board of County Commissioners • Treasure Coast Resource Conservation and Development Council (TCRCBD) • Central Florida Resource Conservation and Development Council (CFRC & D) 6.0 Eligible Practices • Aquatic Weed Barrier • Chemigation Infrastructure • Conversion / Repair of Flash Board Riser Water Control Structure • Conversion to Low Volume Irrigation System • Grade Stabilization • On-site Water Detention/Retention • Permanent Agrichemical Mixing Facility and/or Equipment Washdown Facility • Portable Agrichemical Mixing Station • Precision Application Equipment Water Table Observation Well 6.0 Description of Practices Aquatic Weed Barrier A structure installed upstream of outfall control structures to reduce offsite discharge of aquatic vegetation and subsequent decay of plant debris and secondary release of nutrients. Accumulated vegetation should be physically removed periodically and should not be treated chemically . Chemigation Infrastructure This practice includes equipment (i.e . pumps , storage tanks , etc. ) that can be used to facilitate the application of fertilizers and other appropriate chemicals through a micro irrigation system . Chemigation can be used to improve water quality by minimizing the loss of fertilizer and pesticides during storm events . Drip emitter micro irrigation systems are not eligible for reimbursement under this category. Conversion / Repair of Flashboard Riser Water Control Structure Flashboard risers are used to facilitate water table control in citrus groves. As secondary benefits, flashboard risers also improve sediment control and water quality. Cost share is available for conversion to flashboard structures and for the replacement of existing flashboard structures that are no longer functioning properly. Conversion to Low Volume Irrigation System Converting from high volume flood (or seepage) irrigation to low volume microirrigation conserves water improves water quality. With micro4rrigation , 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 offsite later at reduced discharge rates . Permanent Agrichemical Mixing/Rinsing_ Facility and/or Equipment Washdown Facil' This practice provides for the construction of a permanent facility to contain and recover spillage or rinsate from a fertilizer or pesticide mix and load area or from an equipment washdown site. It is intended to prevent fertilizer or pesticide contamination of ground or surface waters. The facility may include a concrete containment pad , pesticide storage building , sump/pump, rinsate tank, mixing tank , holding tank, and removable or permanent roof. Portable Agrichemical Mixing Station A portable device used in the field to prevent unintentional release of agrichemicals to the environment during mixing and loading of agrichemicals . The portable device must meet published standards and specifications ( USDXNRCS 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 predefined map . Precision application equipment often varies the rate of application , materials used , and location of application to achieve precise placement of the materials. Through this program , the department intends to cost share the precision elements of new equipment or retrofits to existing equipment that are needed to convert a non-precision spreader or sprayer into a precision spreader or sprayer. Water Table Observation Well This practice facilitates observation of the water table in a citrus grove and will help the manager to determine when groundwater levels are optimal . This practice will also improve irrigation efficiency and conserve water within the USJR and IRL watersheds by providing growers with an empirical tool to more accurately determine irrigation scheduling needs . 7.0 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 osishare 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 Program Cost-Share Rate Aquatic Weed Barrier 75% Chemigation Infrastructure 70% Conversion / Repair of Flash Board Riser Water 75% Control Structure Conversion to Low Volume Irrigation System 75% Grade Stabilization 75% On-Site Water Detention/Retention 70% Permanent Agrichemical Mixing/Washdown Facility 60% Portable Agrichemical Mixing Station 60% Precision Application Equipment 60% Water Table Observation Well 75% 7. 3 When EQIP funds are received to support a practice or group of practices , the participant is also eligible to apply for program funds. In this situation , the program will pay up to one half of the grower's remaining portion of the total project cost, not to exceed the $50, 000 annual maximum the IRCA WQQP Program allows. Distribution of program funds is based on the most benefit for the lowest cost to receiving water body , (refer to Section 3, Paragraph 1 , above). 8.0 Application Procedure Step 1 : The applicant should schedule a pre-application meeting with staff of the local delivery organization covering the County where the farm or grove is located (see Section 12 entitled "Local Program Delivery Organizations") . It would be helpful to bring a recent aerial photo showing the proposed project area , grove block orientation , and layout of the grove infrastructure (e.g . , beds , ditching , pump location , etc . ) . Your local Property Appraiser's office can provide you with the needed aerial photos . Step 2 : Complete the enclosed "Application For Cost Share° (Appendix A, Form 1 ) and submit the application to the appropriate local delivery organization as identified in Section 12.0 below. Step 3 : If the request is approved , the applicant should consult with the local NRCS office (or contractor of their choice) for the development of a project plan to include the design , cost estimate, and an operation and maintenance (O&M) schedule. The project plan should then be submitted to the appropriate local delivery organization identified in Section 12 .0 . Step 4 : A cost share agreement (to be provided by the local delivery organization) will be signed by the applicant and executed by the local delivery organization . Execution of the contract shall serve as authorization to proceed with practice implementation in accordance with the agreement. I . Step 5 : Participant will notify program staff of project completion and schedule an inspection to verify that the practice has been installed or constructed in accordance with the project plan . Step 7: The participant will submit a "Request for Payment" (Appendix A, Form 2) , (including copies of all applicable receipts for work completed) to the appropriate local delivery organization . Step 8 : The applicant will follow the O&M schedule provided for each practice. Program staff will periodically conduct site visits to verify that the O&M schedule is being followed . Program participants will be required to reimburse the state on a pro-rated basis for cost-share funding received for any practice that is improperly maintained , removed , or destroyed before the end of the maintenance period (see Section 10 . 0 , Maintenance Requirements ) . 9.0 Applicant Eligibility To be eligible for funds under this program , grove owners must have all applicable permits , pursuant to Chapter 40(X) -2 , F.A.C . (Consumptive Use Permit) , Chapter 40(X) 4 , F.A. C . (Environmental Resource Permit) , or Chapter 40(X)44 , F.A. C . (Agricultural Surface Water Management Systems Permit) . Grove "caretakers" (who do not own the land where BMPs are to be implemented) are also eligible for cost share if they meet the eligibility criteria of the local delivery organization and file a notice of intent with the landowner's signature . Participation in this program is open to all eligible applicants without regard to race, color, religion , national origin , age , sex, marital status , and mental or physical handicap . 10.0 Maintenance Requirements The following practices must be properly maintained and operated for the number of years listed below . Practice Practice Maintenance I . D. # Title Period IR- 1 Aquatic Weed Barrier 3 Years IR=2 Chemigation Infrastructure 5 Years IR-3 Conversion / Repair of Flash Board Riser 5 Years IR4 Conversion to Low Volume Irrigation System 10 Years IR-5 Grade Stabilization 5 Years IR-6 On -site Water Detention/Retention 10 Years IR-7 Perm , Agrichemical Mixing /Washdown Facility 10 Years IR-8 Portable Agrichemical Mixing Station 5 Years IR-9 Precision Application Equipment 5 Years IR- 10 Water Table Observation Well 1 Year 11 . 0 Primary Administrative Agencies / Contacts Phone Number Florida Department of Agriculture and Consumer Services : Mark Jennings (Tallahassee) (850) 488-6249 Carol Johnson (Palatka) (386) 3294500 James (Jody) Lee (Palatka) (386) 3294500 1 • St. Johns River Water Management District: Vince Singleton ( Palatka) (386) 3294197 Victor McDaniel (Orlando ) (407) 8974313 Troy Rice ( Palm Bay) (321 ) 9844938 12.0 Local Program Delivery Agencies / Contacts for Each County County Local Delivery Organization Contact Phone Indian River Indian River SWCD James Karl (772)770-5005 USDPrNRCS Clare Nichols (772) 562A923 Martin/St. Lucie/ Treasure Coast RC &D Donna Smith (772) 4614546 Okeechobee Brevard East Central Florida RC&D Steve Cox (407) 443-2689 USDXNRCS David Millard (321 ) 633- 1702 Volusia/ Florida Association of Travis Davis (850) 623-0355 Palm Beach RC& D Councils APPENDIX A Foran 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 0) the boxes below to indicate which practices you are requesting cost-share assistance for this grove/block. ❑ IRA Aquatic Weed Barrier ❑ IR-2 Chemigation Infrastructure ❑ IR-3 Conversion / Repair of Flash Board Riser Water Control Structure ❑ IR4 Conversion to Low Volume Irrigation System ❑ IR=5 Grade Stabilization ❑ IR-6 On-site Water Detention/Retention ❑ IR-7 Permanent Agrichemical Mixing/Washdown Facility ❑ IR-8 Portable Agrichemical Mixing Station ❑ IR4 Precision Application Equipment ❑ IRA 0 Water Table Observation Well Application must include a completed copy of the Notice of Intent to Implement. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. r , APPENDIX B - REQUEST FOR COST SHARE PAYMENT THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS HAVE BEENIMPLEMENTED IN ACCORDANCE WITH APPLICABLE STANDARDS AND THAT THESEPRACTICES WILL BE MAINTAINED FOR THE IDENTIFIED MAINTENANCE PERIODPURSUANT TO THE ° INDIAN RIVER CITRUS AREA — WATER QUALITY/QUANTITYPROTECTION PROGRAM . THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OFCOST SHARE REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THECOST SHARE PERCENTAGES IDENTIFIED IN THE APPLICANTS HANDBOOK, NAME : PROJECT REFERENCE # BUSINESS NAME : PRACTICE #(s) (REFER TO HANDBOOK) : DATE WORK COMPLETED : TOTAL PROJECT COST ( INCLUDE COPY OF ALL INVOICES ) : $ PORTION OF COST SHARE PAID BY GROWER: $ PORTION OF COST PAID BY USDA-EQIP pndude copy of Form 1245): $ PORTION OF COST TO BE PAID BY PROGRAM : $ SIGNATURE OF PARTICIPANT DATE � a APPENDIX C Program Area H FRO • RV MUA � • COUNMS l ryt EUVA 1 a > ImPAIt 4 M w St 1 1 1 E k : S • • • • r r 11L1 ' • #406 ; Martinez • d/b/a Citrus Management 1 - Revised • 1 1 • November2004 Land 1 : • : : ' 111 Best Mana • ement Practices Applied 3. Precision Application Equipment piece of equipment). Orr"MMI: , 1 1 _ Div by TotalPoints : Div by 1 1 _-� • fig." �, ,• 'Y. 6 }� E : ts x ssn�� , t... i a � R < Originally applicant eligible • only 58 , 76% • • Following - withdrof • • • licant #405, this _ • / licantbecame • • - for - full 60% • M 7AM117 IM I I �- 1 L • I • 1 - 1 - 11 1 1 1 • • 41 • 1 1 1 • : I • 1 - I I 1 : 1 I YI P • 1 - - • I I ' G- I p1 - - • - 1 • . 1 I I 1 I • i 5T76= 1 its 011 il *1711 - : I • 1 1 - • • : 1 • 1 - 1 • - • LI I 11 • i 1 < 1 • 1All . - • I - • 1 1 1 1 I • I • I 1 1 _ . I C I I 1 • • ' 1 11 1 I - : I zr 1 1 Pa6cao � a. L x)K k 1 lr- `L3 OPERATION AND MAINTENANCE PLAN PRECISION APPLICATION EQUIPMENT COOPERATOR: Martinez Industries Inc.. d/b/a Citrus Management Services DATE : 11/30/04 ADDRESS * P.O. Boa 690365 Vero Beach, FL 32969 PRACTICE LOCATION: SECTION * TOWNSHIP * RANGE * FIELD NO. *ALL CITRUS BLOCKS IN INDIAN RIVER COUNTY GENERAL Properly operated and maintained precision application equipment (PAE) is an asset to your farm. The PAE was designed to allow nutrients and / or pesticides to be applied in a precise manner relative to the target of application. The estimated life span of the PAE is at least S (five) years. The life of this equipment 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 RECOMNMNDATIONS • Clean the precision application equipment after each use. • All materials which come in contact with pesticides and pesticide contaminated material shall be handled as required by state regulations and pesticide labels. • Follow manufacturer recommendations in the proper use and maintenance of the PAE . INSPECTIONS The PAE should be inspected routinely especially before and after each use. All items needing maintenance should be repaired immediately. VIOLATIONS Failure to carry out the operation and maintenance required for the PAE may result in the reimbursement of the FDACS cost share dollars used to purchase it. CONTACT THE INDIAN RIVER SOIL & WATER CONSERVATION DISTRICT FOR ADDITIONAL TECHNICAL ASSISTANCE YOU MAY NEED FOR IMPLEMENTATION OF THIS OPERATION AND MAINTENANCE PLAN. Form date January 2003 EXHIBIT C STANDARD TERMS FOR COST SHARE GRANT CONRTACT 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 . Martinez Industries Inc . , d / b / a Citrus Management Services P . O . Box 690365 Vero Beach , FL 32969 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 1 in state court , and the Southern District of Florida for those claims justiciable in federal court . 5 . Entirety of Agreement : This Contract incorporates and includes all prior and contemporaneous negotiations , correspondence , conversations , agreements , and understandings applicable to the matters contained herein and the parties agree that there are no commitments , agreements , or understandings concerning the subject matter of this Contract that are not contained herein . Accordingly , it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements , whether oral or written . It is further agreed that no modification , amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties . 6 . Severability : If any term or provision of this Contract or the application thereof to any person or circumstance shall , to any extent , be held invalid or unenforceable for the remainder of this Contract , then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected , and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law . 7 . CAPTIONS AND INTERPRETATIONS : Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions . Unless the context indicates otherwise , words importing the singular number include the plural number , and vice versa . Words of any gender include the correlative words of the other genders , unless the sense indicates otherwise . 2