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HomeMy WebLinkAbout2004-231E ► 0 • ► 2 • � y COST SHARE GRANT CONTRACT V � Z3 This Cost Share Grant Contract ( " Contract " ) entered into as of (Tat 6� lc;� r 2004 by and between Indian Rivei County , a political subdivision of the State of Florida , ( " Co my " ) and Schirard Citrus , Inc . having an address P . O . Box 2667 , Fort Pierce , Florida 34954 ( " Recipient " ) . BACKGROUND RECITALS A . The County has entered into a Contractual . Services Agreement with the Florida Department of Agriculture and Consumer Services ( " Department " ) for the Indian River Citrus Area Water Quality / Quantity Protection Program , [ Contract FDC IAS # 68001 ( " Cost Share Agreement " ) attached hereto as Exhibit A and incorporated herein in its entirety by this reference . B . Pursuant to the terms of the Cost Share Agre ment , the County may enter into contracts with eligible applicants / recipients for the purpose of partially funding and fully implementing the agricultural water quality best management practices ( " BMP " ) contemplated in the Cost Share Agreement and more specifically set forth in the Operation and Maintenance Plan and the Applicant Evaluation Review Sheet , each of which is attached hereto , collectively referenced as Exhibit B , and incorporated herein in their entirety by this reference . C . Recipient has applied to the County for a cost share grant of money ( " Grant " ) to fund , at the designated " program reimbursement rate " set forth in Exhibit A , and fully implement the BMP on the terms and conditions set forth herein . D . The County has agreed to provide the Grant funds to the Recipient to fund , at the designated " program reimbursement rate " set forth in Exhibit A . and fully implement the BMP on the terms and conditions set forth herein . NOW , THEREFORE , in accordance with the mutual covenants hereinafter contained and other good and valuable consideration , the receipt and adequacy of which are hereby acknowledged , the parties agree as follows : 1 . 0 Background Recitals . The background recitals are. true and correct and form a material part of this Contract . 2 . 0 Cost Share Agreement Requirements . By signing this Contract , the Recipient acknowledges and agrees that : ( i ) the funding source of this Contract is the Cost Share Agreement ; 1 ice. i 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 Be ( viii ) the Recipient will control the land upon which the BMP is to be implemented for the time period set forth in Exhibit B and shall , upon request , provide evidence to the County demonstrating that such Recipient or the landowner , where applicable , will control the land for that period ; ( ix ) the Grant funds shall not be used to lobby the Florida Legislature , the judicial branch , or an agency of the State of Florida ; ( x ) the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three ( 3 ) years after the completion of this Contract , and the County shall have access to books , records , and documents of the Recipient in connection with the Grant funds for the purpose of inspection or audit during normal business hours at the County ' s expense , upon five ( 5 ) days prior written notice , ( xi ) the Recipient shall comply at all times with all applicable federal , state , and local laws , rules , and regulations in connection with the BMP ; ( xii ) the Recipient must have all applicable permits , including , but not limited to , a County Right of Way 2 c ` 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 . RECIPIENT : SCH1 (ZAa. 0 C + T(hist iN [ . INDIAN RIVER COUNTY BOARD OF COUNTY CO I SIONERS Signature : By : Title : (t5lArthur R . Neuberger C airm n Attest : J . K . Barton , El;erk ; By(:: Deputy Crier A> Approved Indian River Co . Approved Date Administrator (0 - 11 Seph Baird , Legal l unty Administrator Budget Ap ro d as to form Risk Manager L) an ; e al suffi ' e cy . Department E . s is County Attorney BCC approval date.LO J � 6V . 3 n Florida Department of Aar ' s - '1 and Consumer Servi ;. es •aloe s,t „�' • . Division of Adminis = ra _ _ on CH.ARLES H. BRONS04N CONI � IISSIONER CONTRACTUAL SERVICES AGREEMENT This AGREEMENT , made and entered into this day of by and between the DEPARTMENT OF .� RI =URE A,N`DCONSb1gER SERVICES , State of Florida , and the India River Bourd of County Commissioners , the CONTRACTOR . CONTRACT PERIOD : This Agreement shall be in a fec = from the date of execution for a period of three years . The Contractor agrees to provide all de liverab es as stipulated in the Scope of Work , hereby incorporated by reference as an attachment . The six digit Department of Management ServiceSl class / group code commodity catalog control number is : 973 nn 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 disper ed to the Contractor at the execution of this contract with the balance to beaid 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 agreeMente Bills for any authorized travel expenses shall be s -ubmitted 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 Agricultural Water Polic , 1203 Governors Square Boulevard , Suite 200 , Tallahassee , Florida , 32301 , in de . ail su � ficient for a proper pre - audit and post - audit thereof . Section 215 . 422 , Florida Statutes , provides tha = acen : _ es have five ( 5 ) working days to inccatheGpurchaseo rde .r services , unless bid spe�c _ ficat _ nsora r 1 V-141 Feet, a � En•:E Fees wdabia 0mo a : p. Mo w ( F' O M (n� (D W OJ ' w ri rt ao D FS ri (D (Wo N O w (n m b n 'd ) U, (} t•� . (- t rt (D rr(n w a O O :J (D I p, Ij rt I j I J �) : r' ( n rI p. 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If initiall • - •- - - - procured , contracts for Con : raCtua .L s = rvices may be re yearly basis for no more than 4" ( 2 ) _years , or fcr a period nc longer than the term Of the oricrinal Cont .- f wrl e :' erOe _ ^ d is longer . Renewal of a = tract for contractual s be in writing and shall bes "..'WJecT to .. he same +- e �r_. ,t . - a - - a - - _ ,. conditions set forth in the initial contract . Renew is sr_ = l _ � e cont _ ngent upon satisfactory performance evaluation b = : e Ager -• y . - It is mutually understood and agreed that this contrac _ is : A . Subject to the provisions of Section 287 . C58 , FlOrida Statutes , and the State of Florida ' s performa =ice an obligation to pay under this contract is co = n =—r— upon an annual appropriation by the Legisl ture � as provided in Section 287 . 0582 , Florida Stat • tes . 3 . Subject to the approval of the State Comp = oiler ( Department of 3anking and Finance ) . It is mutually understood and agreed that if this ccntract disburses grants and aids appropriatoions , 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 p rsuant to a contract or grant to any person or organization_ unless : lie terms of the grant or contract prohibit the expenditure Of funds for the purpose of lobbying the Legislature , the judicial branch , or a state agency . The following provisions of A through G are not pplic = mie to procurement contracts used to buy goods or services from vendors , but are only applicable to a contractor subj ct to _ he Florida Single Audit Act , A . There are uniform state audit requirements for stage financial assistance provided by state ager is" tO Nonstate entities to carry out state projects in accordance with and subject to requirements of Section 215 . 97 , Florida Statutes ( F . S . ) , whi h ma . � e applicable to aTMd binding upon Recipient . N nst `. c = entity means a local governmental entity , nollrrOZL = F . '�•, >1 O N v a) O ) I t U ! ll , t 1 q ) (I ) a ! i (rl 1 ► [i r l . ( , r f i 1 • � 1 . ( � 1 1 t i � (11 (Il all ( ' t ► I , � ) S ) r 1 (I ) (1 ) { , S 1 ( n of ( ) 1 1 u ) u1 rl ; t i E rq N Ui tr) U Ut a ) 1 . 1 Ci u U S I ( . ) u) (I ) t ) N a ) 1 • d 4 1 a ) . ) ri C'• r—{ FS ( -V111 7 X444 ) a ) S I n C ' N U • r-1 4 I l-I 134 d •ri N (a 3 O 4-) pt U) 4J1 ri U C' 1 1 Crl U r!♦ 'C 7 1 r a ) to � ' ! ► � ) ( , I t ) t ) t ) I i . t ; 1 r'�(1 4 1 ) a jol, O ► U r Q) a ) t . ) 4 -1 p iq 4 .1 a ) I ) • r I a1 Ot t ) u1 1 ) rtt cU . I its O U ' U ' U Sa U al ' H r 11: U d I . 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" _ / c - - - : the state awardi .n: g ager. cy , the the Auditor Genera '_ access to the R .. _ � - - . . _ ' c records and the ReC = pi e n t ' s i. naepe . er _ = pr ' s working papers as necessary for the requirements of Section 215 . 97 , Recipier_ t is required to retain su ." OfJc . e = = records demonstrating its CoMr) ljarr% p6wit 's t = _ terms of this agreement for a perio o ` = = r = e years from the date the audit repor is and shall allow the Department of A ricin = ur = and Consumer Services or its designee , access tc such records upon request . ( 3 ) Not the Recipient that Section 25 . 971 does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaI uatio :zs of state financial assistance or limit the authority of any state agency Inspector General , the Auditor General , or any other state official . ( 4 ) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215 . 971 F . S . The financial reportinj package means the nonstate entities ' financial statements , Schedule of State Financ ' al Assistance , auditor ' s reports , management letter , auditee ' s written responses or corrective action plan , correspondence on follow - up of prior years ' corrective actions taken , and such other information determined by the Auditor Genera '_ to be necessary and consistent with the purposes of Section 215 . 97 , F . S . Copies of the financial reporting package required by this a reement shall be submitted by or on behalf of the Recipient directly to each of the following : ( a ) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee , Florida 32399 - 08C0 ( 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 outf 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 thiscontract 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 Priso Rehabilitative Industries and Diversified Enterprises , Incorporated . Available products , pricing and delivery schedules may be obtained by contacting : PRIDE of Florida , 12425 28 ` `` 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 pubis entity , may not be awarded or perform work as a contractor , supplier , subcontractor , or consultant under a contract with any public entity , and may not transact business with any public entity in excess of the threshold amount provided in Section 287 . 0171 Florida Statutes , for . CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list . The CONTRACTOR is informed that the Department shall consider the employment by any Contractor of unauthorized aliens 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 leases of real property to a public entity , may not award or perform work as a contractor , supnl _ er , subcontractor , or consultant under contract with anv pubic entity , and may not transact business with any public entity . In the event that two or more documents combine to form this agreement between the parties , including future amencmer_ tS and addenda , and in the event that there are contradictory or conflicting clauses or requirements in these doc tents , the provisions of the document ( s ) prepared by the Department of Agriculture and Consumer Services Contract shall he controlling . All contracts entered into by the Department of agriculture and Consumer Services or any Division or Bureau t erecf , 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 Flori a Statutes and rules promulgated thereunder on the same subje t shall substitute for that clause or requirement and be binding on all parties to this contract . The Contract Manager for the Department is Wm . Mark Jer_ninas and is located at 1203 Governors Scruare Boulevard , Suite 200 , Tallahassee , Florida , 32301 , ( 850 ) 488 - 6249e The Contract Manager for the Contractor is Liberta Scotto and is located at Indian River County Cooperative Extension Service. 1028 0' Place. Suite D . Vero Beach Florida, 32960- 5360, (561 ) 770- 5030. Signed by parties to this agreement : Department Of Agriculture And Indian River County , Florida Consumer Services Board of Count Commissioners : 0400� Mr . Mike Gresham Director of Administration Ms . Ruth M . St nbri ge Chairman BCC Approved : April 2 , 2002 Attest : JefferyK . Barton , Date Clerk of Circuit Court Ms . Patricia M . Ridgely , Deputy Clerk i County Attorney Approved as to form and Legal Sufficiency . Youn James E . Cha dler ty Administrator Date 96000674 5 / 01 1085 b 0Contractor ' s FEID Number 05 / 01 8 SCOPE OF WOE PROJECT TITLE : Indian River County Citrus Best Mana .aement Practices BACKGROUND . ,Nlam activities such as urban development, agriculture, industry, nd 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 waterbodies that do not m et 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 arowers 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 Uriiversitv 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 Oualin; Orrarrtity Best Ma»agenrent Practice 's (E,110S) for Indian RiverArea 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 BMP . 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 .111anagrement Practices Checklist (Attachment A) developed by the Indian River Citrus Area Best Management Practices Implementation Committee. Once the appropriate practices have been identified for each grove, the IRSWCD will identify those practices that are eligible for cost share in the Applicants Handbook titled Indian River Area Water Orralihy, Or antin • Protection Program (Attachment B) . While participation in this program is not contingent upon participation in nv 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 Proc�rrarri, 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 desiLyn . 0 _ !0!02 PROJECT DESCRIPTIOti : Objectives , 1 . To educate the Indian River County citrus growers about water quality issues . the role of BMPs in improving water quality , and B ,1P implementation . 2 . To increase the acreage of citrus under BMP implementation in Indian River County . 3 . To provide technical and financial assistance to Indian River Count} growers for the implementation of BMPS . 4 . To reduce the potential for pollutants from citrus groves enteri . 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/ uantity 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 Grouser Best Management Practices Checklist. Once the appropriate practices have been identified for each grove, the IRS CD 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 e following: a private contractor, the ?VRCS , 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 O eratio77 and Maintenance Plan for the life span of the practices . This plan will describe the procedures necessary to properly operate and maintain each BNIP . At this point the grog er will receive 03 /05/02 approval to install the practices according to approved designs . The BMP installation must meet all desisn criteria before it can be certified as complete by IRSWCD/i�TRCS staff. Routine consultation with iNRCS/IRSWCD staff throughout the installation process is advised . Once installation is complete the grower shall provide the IRSWCD all oft e appropriate documentation . The IRSWCD will then submit all of the documentation tb "the Board for authorization of reimbursement to the Grower. The IRSWCD will provide FDACS with quarterly reports . These reports w 11 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 USD : 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 1 0 each 2 . Conversion or Repair of Flashboard Riser Water Control Structure 2 each 3 . Precision Application Equipment 2C 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 S . Water Table Observation Well 5 each 9 . Grade Stabilization Structure 5 each 10 . Conversion to Microirrigation I point pe 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 Prcje t 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. WORKPLAN . Task 1 — Advertisement and Application of Project/Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . :Month I - 2 Task .,' — Cost- Share Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 - 10 Task 3 — QuarterIy Reports ' . . , , ... . . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 . 6, and 9 Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Fina 2 Months of Contract PROJECT 1TANAGER: Liberta Scotto, Extension Agent H Indian River County Cooperative Extension Service 1028 20t ' 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 20Place, Suite A Vero Beach, FL 32960-5360 561 - 562 - 1923 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 20h Place, Suite D Vero Beach, FL 32960-5360 561 - 770- 5030 FISCAL AGENT: Indian River Board of County Commissioners 1840 25`h Street Vero Beach, FL 32960 561 -5674000 PROJECT BUDGET: CATEGORY I ANNUAL BMP Installation Cost- Share $ 237, 500 5% Administration 127500 TOTAL I $ 250,000 03 / 11 /02 5 ATTACHMENT " A " CITRUS GROWER BEST MANAGEMENT PRACTICES CHECK IST The following checklist is designed to assist Indian River Area Citrus Growers in identi •ing the most a" rop^ate � e Management Practices (BNIPs) or group of strategies for their specific site and growing conditions. The :esuhs should be kep : c file and reviewed annually to determine if progress is bring made in reducing off-site discharges of sediment. peso : des. numea : and aquatic plants. Providing the information requested below for the Introduction section. s not =ncatorv.. but listing . . . voluntan• information will help the grove manager select BNIPs that are appropriate for their specific gmv e c.nfi :anon. I. INTRO D UTIOti A . Name and Location: 1 . Grove Name: 2 . Legal Description : (Tsp . , ec . R2i1S2 ) 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 . Discharae locations : c. Control Stmt tures : 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 shoving strove eatures ? . Characteristics of known soils: a. Predominant soil type (series) : b . Texture, & Percent Organic Matter. (% sand , silt, clay) 3 . Irrigation and Drainaae information a. Sinsle row beds with swales : (width and type ) b . Double row beds : (width and t �•pe) 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 }•es answer for any sun•ey question indicates that the grove being sun•ey ed is in compliance with the referenced BNTs. A no answer indicates that the referenced BMPs would improve the en •ironmental performance of the grove, but implementation of all BIAPs so referenced is not required. Review BMPs listed for questions that were answered " no" . Select specific BMPs from those indicated by a no answer that are appropriate for appiication to the grove unit sun•eved. These BIVIPS to be implemented should be listed in the "BIvIPS . . . that grove management agrees to implement . " section. Use the comment section at the end of this document (Section `'II to explain Nx certain BMPs from questions that were answered " no" will not be implemented. The comment section n also be used to elaborate on am items or questions that may be unclear or ambiguous, or to explain particular grove cofiditions . Comments should be referenced to the specific section and question number of the sun•ey. N/A may be used if the question or section does not apply to that particular grove . II . WATER VOLUME : Yes No B11Pc Irrigation Pracrices: 1 ) . Are irrigation events scheduled based on : • evapotranspiration (ET ) Al , D15 • rainfall events, _ , L = A17 D15 • and/or other scientific data? _ _ Al , D15 Infrastructure: 2 ) . Are existing canals and ditches maintained periodically ? A7, B ? 3 ) . Can on- site detention or storage be provided using. the present A6- 7, 9 system of canals and ditches ? 4) . Is there an on- site reservoir? U = A9 Drarizage Manag, ement. 5) . Are pumps and/or discharge structures setup to achieve uniform A2 -3 , 7- 8 drainage throughout the Grove 7 6) . Are drainage events managed according to a Drainage 2:1 Al -3 6- 7 Management Plan? Water Table Management. 7) . Are groundwater levels monitored to meet tree water demands and prevent root pruning by: • soil moisture probes 0 J Al -2, 5 -6 • tensiometers l7 ❑ A1 -2, 5 -6 • water table observation wells t7 0 Al -2, 5 -6 2 III. SEDIMENT: Yes No B :N1Ps Drainage Structures: 8 ) . Are culverts with functional riser/sinker boards installed �7 131 on appropriate lateral and side ditch connections ? 9) . Are the culvert structures properly installed and maintained ? � B 1 Ditch Infrastructure 10) . Are there settling basins or sumps to trap sediment at field ditch 0 B connections to laterals and other main canals prior to discharge ? 11 ) . Are these basins maintained at an appropriate frequency ? ❑ i B '' 12) . Are ditches and canals constructed with proper side B3 bank stabilization methods; i . e. sloping or shoring ? Ditch Management: 13 ) . Is vegetative cover maintained near canal or ditch banks ? 0 0 B4 , B5 14) . Are there vegetative buffer strips maintained near environmentally 01 0 B4 sensitive lands ? 15 ) . Are measures taken to prevent side-bank erosion due to the flow 0 0 B8 of water directly down the sides of the banks (i. e. berms) ? 16) . Are riprap, concrete headwalls, sandbags, or wingwalls 0 0 B9 used to protect canal banks from erosion? Bed/Furrosv Blarzagement: 17) . Are water furrows properly shaped and grassed to prevent erosion, 0 0 B109 A14 rutting, and other problems that may result in excess sediment transport off- site? 18 ) . Is a narrow herbicide band maintained with a width appropriate 0 0 B I 1 for the size of the trees?. 19) . Are vegetated water furrows, drain tiles, and settling basins used 0 0 B10- 14 to insure minimum movement of sediment to off-site water bodies ? Construction Activities: 30) . Are measures taken to prevent erosion (sediment loss) during Li 0 B 102 15 earth-worki ing activities ( . e . , hay bales or ribbon turbidity barriers) ? 3 IN'. PESTICIDES : Yes No B '1lPs Equipment .1faintenance: 21 ) . Is all pesticide application equipment properly calibrated and = = C ; _ , 74 maintained ? . s • Education and Training: 22) . Are regularly scheduled training sessions held for spray applicators C57 16 and others responsible for applying, handling, mixing/loading and recommending pesticides ? 23 ) . Is this training documented ? v J CS 24) . Does this training accommodate speakers of other languages ? C5 75 ) . Are pesticide labels and label updates discussed periodically V J C5 , 10 with your employees ? 26) . When discussing pesticide labels is particular attention paid to 0 C5 , 10 the "Environmental Hazards" section? 27) . Are applicators trained to control and contain spilled pesticides ? 0 u C5 , 7 Pollution Prevention and Preparedness: 28 ) . Is a written contingency plan readily available in the event v u C57 7 of a chemical spill, and are all employees familiar with this plan ? 29) . Are the necessary materials maintained onsite for use in spill ❑ ❑ C77 17 response involving small incidents (i. e., absorbent materials, recovery drums, PPE, and tools) ? 30) . Are routine inspections of the pesticide storage area conducted i3 C52 C17 to check for leaks and spills ? 31 ) . Are reusable mini-bulk containers stored in an area contained to n 0 C17 prevent runoffinto streams, ditches, or wellheads ? 32 ) . Are excess spray solutions containing pesticides managed 0 u C17- 18a properly, either by using as the diluent in another application or by applying it to a target site at labeled rates ? 33 ) . When possible, do you return unopened, unused pesticides ❑ 0 C18a in their original container to your local agrichemical dealer? 34) . Is the pesticide storage facility clearly marked and provided C17 with fire extinsuishers ? 4 IN '. PESTICIDES ( continued ) : Yes \ o B .NIPs Application .'Methods: 35 ) . Are appropriate measures taken to reduce spray drift usir. _s : • nozzle selection J C1 • spray pressure J C 1 • drift reducing adjuvants = C ] windbreaks L. J J C1 • and/or other drift control materials ? J Cl 36 ) . Are pesticides applied only when wind speeds are less than 10 mph ? 71 7 C _ 37) . Is the efficiency of pesticides maximized by timing applications C = C= based on anticipated weather conditions and irrigation events ? 38 ) . Are sprayer nozzles turned off at the trunk of the last tree within 0 C3 . a- d rows, with end trees being sprayed by making a last pass around the outside perimeter of the block with only the inside nozzles turned on (wrapping) ? '39 ) . Axe the last three rows of trees sprayed windward of waterways 0 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 0 U C16 where they can be easily retrieved, or are they posted at a central Iocation or on a permanent internet web site? 42) . Are all agrichemicals stored in a locked facility? D L C17 43 ) . Does this facility have a concrete floor with a 4" lip ? ID -:3 C17 44 ) . Are the materials segregated by type (herbicides , fungicides , D E C17 and insecticides) ? 45) . Are all stored pesticide materials properly labeled ? LJ C17 46) . Is an accurate inventory kept of all crop protection products ? I Li C5 , 16- 17 Mtxing and Loadhza Activities: 47) . Is application equipment washed on a concrete pad with a sump, Cil 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 = C I 3 a- b to prevent contamination of wells during pesticide mixinJloading operations ? PESTICIDES ( continued ) : Yes No BMRs . tlixing gird Loading 4cth (mes (continued) : 51 ) . Are mix,/load stations located ` .'here runoff will not camr — - CI , a - b spilled chemicals into surface water bodies ? Is there a system of portable miX/load stations or water only - _ C 13b nurse tanks , and are they moved frequently ? 53 ) . Is secondary containment provided to reduce contamination _ _ CI3a- 0 due to small spills ? 54) . Are jet-rinse nozzles or some other method used at your mix/load 71 C13 - 14 sites to insure that used pesticide containers are properly rinsed ? » ) . Are triple rinsed containers punctured and stored properly 71 = C14 (e . g. , in a covered, locked shed) prior to disposal or recycling ? 56) . Are these containers then burned onsite in small batches (i . e. , less ❑ CIS , 18 than 500 lbs . ) In tegrated Pest Manag elnent: 57) . Are a combination of control measures used targeting specific ? C6 pests and diseases, including mechanical, cultural, biological, and chemical systems (i. e. Integrated Pest Management) ? 58) . Are precision application techniques, such as Global ❑ 71 CS Positioning Systems, infrared imaging, or other advanced sensing devices used when applying crop protection products? 59) . Is soil pH maintained at a level that reduces the solubility of free ❑ C9 copper ions (which otherwise may be transported off-site), where this pH level will not hinder optimum crop production? 60) . Are specific factors of both the target area, such as the soil type, ❑ C15 and the leaching and runoff potential of the pesticide to be applied considered when selecting a chemical for a specific pest? �'. NUTRIENT'S : 1_eg No BMPs Education and Trainina: 61 ) . _-STC field operators or sub - contractors of fertilizer application = = DI equipment properly trained in the handling, loading, and calibration of spreaders and other equipment ? 62 ) . Is this training documented ? = DI 61 ) . In general are the recommendations of the University of Florida ' s 1341 Institute of Food and Agricultural Sciences ( SP - 169 ) followed ? Puttutiuii Prerentivn : 63 ) . Is dry fertilizer stored in an area that is protected from rainfall ? _ = D8 64) . Are stationary liquid fertilizer tanks stored on a concrete slab ? _ D8 65 ) . Are leaks from pipes, valves , equipment, or tanks repaired promptly ? _ = D5 , 9 66 ) . Are bulk trailers parked away from canals, ditches, or wells (as = D i co - I much as is practicable) to avoid contaminating adjacent water bodies during loading operations ? 67) . Is spilled fertilizer transferred to application equipment u _ D9 and applied to the target area? 68 ) . Is a tarpaulin or other containment measure used to minimize = = D9 spillage when loading and unloading dry fertilizers ? 69) . Is the site used to Ioad and unload fertilizer moved frequently ? C D94 11 70) . . Are check valves used to prevent backflow when pumping surface 12, u . Dm 12 or well water to mix with fertilizer for fertieation? • v 71 ) . Are anti-siphoning devices, artesian pressure or Dl = 1) other measures installed to prevent back siphoning into canals, ditches or wells when mixing nutrient sources for foliar application ? 72) . Are fertilizer applications managed to protect environmentally = D 13 , 16118 sensitive areas by using: • controlled release fertilizers D1 .37 18 • frequent low concentration fertigation events D13 , 18 • multiple applications 0 DI 3 18 • variable rate technology ? _ D13 , 18 73 ) . Are reQetative filter strips maintained in or adjacent to 17 7D14 environmentally sensitive areas ? 74) . Are organic matter amendments (e . a. , Class A sludge or other D 2b , 16 approved oraanic matter sources ) an integral part of the nutrient management program ? 75 ) . Are old unused wells plugged (decommissioned) ? _ D17 �'. NUTRIENTS ( continued ) : Yes \ o BMPs Sampling and Analt•sis: 76 ) . Is there a nutrient management plan that allows for optimum crop - _ D2 production based on soil. water, and plant sample analyses ? , 7 7) . Is there a program of annual soil , leaf tissue and irrigation �; titer 7 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? = D ' Equipment Afaintenance: 79) . Is the machinery designed to apply fertilizers properly calibrated, maintained and operated, so that the desired rates are consistent with the form and sources of nutrients ? Application Afediods: 80) . Are nutrients placed directly on the root zone of trees, within the = D5 -D6 drip -line, on the high side of the bed , carefully avoiding placement in the furrow or ditch? 81 ) . Are "high risk" fertilizer applications (such as prior to a storm., 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 ? D D13 83 ) . Are a combination of liquid, dry, or foliar feeding used to maximize D113 , 15718 plant uptake and minimize losses of nutrients ? Storage and Handling: 84) . If equipment or bulk trailers containing fertilizers are parked + D D12 8 - 97 I 1 overnight is adequate security provided ? VI. AQUATIC PLANTS : Yes No B :NIPs Structures: 85 ) . Are ditches maintained to prevent aquatic plants from closeting 0 = E 1 - ; discharge structures ? 86) . Are measures taken to prevent floating vegetation from clogging ' D J E 1 culvert riser structures ? 87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes 1 El used to Iimit the movement of aquatic weeds and debris from canals and ditches to ofl= site waterways ? 8.8 ) . Are fish barriers used to contain grass carp within targeted ditches ? 0 ] E? Strategies: 89) . Are mechanical harvesters used to remove aquatic weeds from 0 a E1 ditches or canals ? 90) . Are biological control agents such as flea beetles, hyacinth weevils, ❑ 0 E2 or grass carp used to manage aquatic weeds ? 91 ) . When selecting aquatic herbicides for target species is mode of 0 � E ; action, residual toxicity, and potential for offsite movement considere ? 92) . Are appropriate measures taken to control drift and place the desired I E3 chemical on the weed to be eliminated whether it is submersed , emergent or floating ? VII. CONCLUSION AND RESOLUTION : :assessment conducted by (print name) : Signature : Grove representative (if different from above) : Signature: Date : Comments : BNIPs (selected from the BMPs indicated by no answers) not currently in place that grove management agrees to implement : 11 / 16/01 Tom & Doug 11 /20/01 dgs corrections and formatting, etc 11 /30/01 dgs corrections as per 11 30 01 meeting 12/ 11 /01 dgs corrections as per Rich Budell 12/ 17/01 dgs corrections as per 12 14 01 field test 12/ 18/01 Tom & Doug corrections as per 12 14 01 field test 10 ATTACHMENT " B " w � y /� �( . �p p �p 4 .46Ts 'n- 5� wrr"1' ?j'N` i T ' t'`?FKakf yw A .: P J �: \ R'' }YA 9 �( .y .'t .,�SI L `E' }Y,o-(xf ror T _ ar 1. l a r5- � t vs 3� • 'flt i3 xc } rµ � � rR. '3 �.. ®® ,++r+' a✓ + ,r� R� +'R#" rt3A )• �"fx • � _fy:�'"f 3,A� :�`'+ � .r' ; T r«, .�r r t� S+,:c �' "+t`'� "Plr.+ n ' � .' 'C I :P efr r f��tY Yi .�.ir _�`� h'r �,�aElr• ,n, � r � { � . v.Y 'y �r � � d . yf S.a � •.� .a. 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JteE IK • • 10, • • • • Applicant's Handbook Indian River Citrus Area Water Quality/Quantity Protection Program Table of Contents Page 1 .0 Introduction 3 2 . 0 Joint-Agency Water Resource Mandates 3 3 . 0 Purpose of the Program 3 4 .0 Key Participating Agencies and Organizations 4 5 .0 Eligible Practices 4 6 . 0 Description of Practices 4 7. 0 Individual Program Cost Share Rates and Alternative 6 Rates for Joint Program Participation 8 . 0 Application Procedure 7 9 . 0 Applicant Eligibility 8 10. 0 Maintenance Requirements 8 11 . 0 Primary Administrative Agencies / Contacts 8 12 . 0 Local Program Delivery Agencies and Contacts for Each County 9 Appendix A - Application Form 10 Appendix B - Request for Cost-Share Reimbursement Form 11 Appendix C - Map of Program Area 12 1 .0 Introduction This handbook provides guidance to applicants (grove owne s and grove caretakers ) who wish to obtain funding under the Indian River Citrus Area ( IRCA) Water Quality/Quantity Protection Program (WQQPP ) . It contains he necessary information to understand the program and the application fo . Specific application procedures to be followed will vary depending on the sub-region where the farm is located and the local organization that has been contracted to deliver program funds on behalf of the Florida Department of Agriculture and Consumer Services (FDACS ) . 2.0 Joint-Agency Water Resource Mandates The St. Johns River Water Management District ( District) was created by the Water Resources Act of 1972 (Chapter 373 , Florida Statutes) . Section 373 . 016 sets forth the District' s purpose and scope. Similarly , the Florida Department of Agriculture cmd Consumer Services ( FDACS ) has responsibility under sections 403 . 067 and 570 . 085 , Florida Statutes . These responsibilities include , but are not limited to , the following : a) To provide for the management of water and related land resources ; b) To promote the conservation , development and proper utilization of surface and groundwater; c) To develop and regulate dams , impoundments , reservoirs and other works to promote water storage , for beneficial purposes ; d) To minimize degradation of water resources caused by he discharge of storm water; e) To preserve natural resources , fish and wildlife; and , f) To restore impaired waterbodies pursuant to the state 's Total ME ximum 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 ( FD CS ) • St. Johns River Water Management District (SJRWMD) • South Florida Water Management District ( SFWMD ) • USDA- Natural Resources Conservation Service (NRCS ) • Indian River Soil and Water Conservation District ( IRSWCD ) • University of Florida / Institute of Food and Agricultural , Sciences - Cooperative Extension Service ( Indian River County) • Indian River Board of County Commissioners • Treasure Coast Resource Conservation and Development Council (TCRC& D) • Central Florida Resource Conservation and Development Coun it (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 Washc own 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 ( . e . pumps , storage tanks , etc. ) that can be used to facilitate the application of fe lilizers and other appropriate chemicals through a micro irrigation system. Cherr igation can be used to improve water quality by minimizing the loss of k rtilizer and pesticides during storm events . Drip emitter micro irrigation syste s are not eligible for reimbursement under this category. Conversion / Repair of Flashboard Riser Water Control Structure Flashboard risers are used to facilitate water table control in citrus groves . As secondary benefits, flashboard risers also improve sediment control and water quality. Cost share is available for conversion to flashboard structures and for the replacement of existing flashboard structures that are no longer functioning properly . Conversion to Low Volume Irrigation System Converting from high volume flood (or seepage) irrigation to low volume microirrigation conserves water improves water quality. With micro-irrigation , water is distributed through a network of underground pipe and above ground lateral tubing and applied directly to the soil above the plant's root zone. Modifications to existing microirriation 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, ' Ape , 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 offisite later at reduced discharge rates . . Permanent A richemical Mixing/Rinsing Facility and/or E ui met Washdown Facili This practice provides for the construction of a permar ent 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 preVE nt fertilizer or pesticide contamination of ground or surface waters . The facility r lay 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 iri the field to prevent unintentional release of agrichemicals to the environment Juring mixing and loading of agrichemicals . The portable device must meet published standards and specifications (USDXNRCS Field Office Techn 'cal Guide — Interim Standard , Code 703 ) . The device can be used at more than one citrus grove. Precision Application Equipment Specialized equipment that ail ws nutrients and pesticides to be applied in a precise manner relative to he target of application . This includes sonic or optical sensors , devices that ap ly pesticides in a predefined , regulated manner, and equipment that uses GIS echnology to allow application based on a predefined map . Precision applicati n equipment often varies the rate of application , materials used , and location of pplication to achieve precise placement of the materials . Through this 11rogram , the department intends to cost share the precision elements of new quipment or retrofits to existing equipment that are needed to convert a on-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 design ted "program reimbursement rate. The program reimbursement rate presents the percentage of the total BMP cost to be paid through the pr gram . Cost share may also be available through the USDXNRCS " nvironmental Quality Incentives Program" (EQIP), and participants are ncouraged to utilize both programs when possible to maximize the distrib ition of limited program funds . Those who choose to utilize both programl will generally be eligible to receive a higher overall rate of cos�shcv re through a combination of the two programs. The maximum cost-s hare amount available from this program is $60,000 per agricultural operation (individual or business) per fiscal year. Cost share amounts in excess of $50 , 000 are possible when cosshare is recei tved from Ca combination of programs as explained in section 7. 3 below. 7. 2 Practice Title Maximum Pro ram 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 grou of practices , the participant is also eligible to apply for program fL nds . In this situation , the program will pay up to one half of the growe 's remaining portion of the total project cost, not to exceed the $50, 000 annual maximum the IRCA WQQP Program allows. Distributioi 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 orientatic n , and layout of the grove infrastructure (e . g . , beds , ditching , pump location , etc . ) . Your local Property Appraiser's office can provide you wit 1 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 ith the local NRCS office (or contractor of their choice) for the devel pment of a project plan to include the design , cost estimate , and an o eration and maintenance (O &M ) schedule . The project plan sho Id 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 lo :al delivery organization) will be signed by the applicant and executed by the local delivery organization . Execution of the contract sha 1 serve as authorization to proceed with practice implementation in accordance with the agreement . Step 5 : Participant will notify program staff of project completion and schedule an inspection to verify that the practice has been installed or constructed in accordance with the project plan . Step 7: The participant will submit a "Request for Payment° (Appendix A , Form 2 ) , (including copies of all applicable receipts for work completed) to the appropriate local delivery organization . Step 8 : The applicant will follow the O& M schedule provided for ea h practice. Program staff will periodically conduct site visits to verify th t the O&M schedule is being followed . Program participants will be Nequired to reimburse the state on a pro-rated basis for cost-shE re 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 statu , and mental or physical handicap. 10 .0 Maintenance Requirements The following practices must be properly maintained and operated for the number of years listed below. Practice Practice Maintenance 1 , D. # Tine Period IR- 1 Aquatic Weed Barrier 3 Years IR-2 Chemigation Infrastructure 5 Years IR-3 Conversion / Repair of Flash Board Riser 5 Years IR-4 Conversion to Low Volume Irrigation System 10 Years IR-5 Grade Stabilization 5 Years IR-6 On -site Water Detention/Retention 1 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 Pilimary Administrative Agencies / Contacts Phone Number Florida Department of Agriculture and Consumer Services . Mark Jennings (Tallahassee) (850) 488-4:3249 Carol Johnson (Palatka) (386) 329 500 James (Jody) Lee (Palatka) (386) 329 ,41500 St. Johns River Water Management District : Vince Singleton ( Palatka ) (386 ) 30d 94197 Victor McDaniel (Orlando ) (407) 8c, 7-4313 Troy Rice ( Palm Bay) (321 ) 9E44938 12. 0 Local Program Delivery Agencies / Contacts for Each County County Local Delivery O anization Contact Phone Indian River Indian River SWCD James Karl (772)770- 5005 USDA- NRCS Clare Nichols (772 ) 562- 1923 Martin/St. Lucie/ Treasure Coast RC & D Donna Smith (772) 461 4546 Okeechobee Brevard East Central Florida RC & D Steve Cox (407) 44 2689 USDA- NRCS David Millard (321 ) 633- 1702 Volusia/ Florida Association of Travis Davis (850) 623 -0355 Palm Beach RC & D Councils APPENDIX A Form 1 : Application for Cost Share (Complete a separate application for each grove/block) ' Date : Owner' s Name : Business Name : Mailing Address : Street Address : Business Phone : Email Address : Grove Name : Block Number: Acreage : Check N) the boxes below to indicate which practices you are requesting cost-share assistance for this grove/block. ❑ IR- 1 Aquatic Weed Barrier ❑ IR-2 Chemigation Infrastructure ❑ IR-3 Conversion / Repair of Flash Board Riser Water Control Structure ❑ 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 ❑ IR-9 Precision Application Equipment ❑ IR- 10 Water Table Observation Well Application must include a completed copy of the Notice of Intent to Implement INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. APPENDIX B - REQUEST FOR COST SHARE PAYMENT THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS HAVE BEENIMPLEMENTED IN ACCORDANCE WITH APPLICABLE STANDARDS AND THAT THESEPRACTICES WILL BE MAINTAINED FOR THE IDENTIFIED MAINTENANCE PERIODPURSUANT TO THE "INDIAN RIVER CITRUS AREA — WATER QUALITY/QUANTITYPROTECTION PROGRAM , THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OFCOST SHARE REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THECOST SHARE PERCENTAGES IDENTIFIED IN THE APPLICANTS HANDBOOK , NAME : PROJECT REFERENCE # BUSINESS NAME : PRACTICE #(s) (REFER TO HANDBOOK) : DATE WORK COMPLETED : TOTAL PROJECT COST ( INCLUDE COPY OF ALL INVOICES ) : $ PORTION OF COST SHARE PAID BY GROWER : $ PORTION OF COST PAID BY USDA EQIP (include copy of For, 1245): $ PORTION OF COST TO BE PAID BY PROGRAM : $ SIGNATURE OF PARTICIPANT DATE It vrr�• �i,, of i3 , r , f ' i T w ♦ l t yc - 16 It It I wf S "ItII It, k s• . 4 E ?. ItIt 4 Y It st Liar ' It r i ` i ` 41 00 ILI V I {{ It to {� m 7 tt t T ' yI It I, � 4 Y' It •�. + .., 4 L 1, ; 5 It It I It Itb L It It It • •�Nbaiwnr .r+.d-,so a.�4r.e;e.La+ ^aaa'-� �5ie wr r y_ F lIt' a � xIt r 14 I i 5 �{ <AO ' hIt 1. f , It LVIt It IL, Ste,It ' It I 'It It Ir41 'S IyIr t x S t Y>) 3 V l y �aIt tj '(f .y � t� f' } `RTIt 4 y + F a FIt etI _L " : tS rS kx '� {`4"F"• •bIt . yrl T +" Sv 9'f '4.u•' • • I -'. '�`�� 1 � E > ,rl „ SLY „�''aClrtx, Wix , _ • 1 �.(X S I Le tlz A S '+, • • Wr • �tFs Lt LA I 41 It ,IIfat t .* I k � VtI 4. It I ,Nr • yff 4-1 F { 5 -.i` f �' r �n • �' k SfNIaF „A �% t VP � k ri yIt t tFi u« 541 —1 `ya::� � �}`yt s :,.,,, � � •l•;ri �r, �. � H n `�" y `4, 4 #5' JY Te Rp IL Pt L It I Ik > $ tY4x n xfi t: ° a 3 Mtty l:rtI 7� i7I% .R 1 Cont'd from pg 2 . xlleof6 e F " ' Application Evaluation Review Sheet Applicant Name : jApplicant #410 ; c.­Brantley �chit'ard drvt.a}. Schirard Cit us , Inc Address : 1P . O . Box 2667 , Ft. Pierce , FL 34954 Tract Number(s) : Field Number(s) : 1 Date : Revised August 24 , 2004 1 ie iWri f . Land Use/Field : Acres : Micro-Irrigated Citrus Grove 80 Best Management Practices Applied For: Install 1 FBR H2o Control Structure, Total BMP Costs: 75% Cost Share: Div By Total Eval Points: = Applicant's Score: pplicant Cost: $7 , 322 $5 ,491 25 219 .65 $ 11830 ill"4 Y S a2 s ;. 11 ti (Signature) ate: (Checked By) Docile: - D IRSWCD Board Approval Date OF /v 7 - o (Applicdnt Signat re) Date PAOacyActftaterriel The following AgWents are made in accordance with the Privacy Act of 1974 (5U . S .C. 52 2a). 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 financialassist- 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 ) 1 ,4j A1016/ 7' ,C, Page 1 of OPERATION AND MAINTENANCE PLAN STRUCTURE FOR WATER CONTROL COOPERATOR C141 p T vs • DATE S 7' Zoo 'f ADDRESS FO - /IL , 34195 PRACTICE LOCATION - SEC T 3 R 3 `7 IELD NO . 1 , GENERAL A properly operated and maintained structure for water control is an asset to our farm. This structure was designed and installed to safely convey water at condition that 'll prevent erosion. The estimated life span of this system is at least S years. The life of this S rstem can be assured and usually increased by developing. and carrying out a good operatio and maintenance program. This practice will require you to perform periodic operation and maintenance o maintain satisfactory performance. Here are some recommendations to help you devel p a good operation and maintenance program. GENERAL RFrnMMEND -r ONS • All fences, railings, and/or warning signs shall be maintained to provide ' g and/or Prevent unauthorized human or livestock entry. • Maintain vigorous growth of desirable vegetative coverings. This includ reseeding, fertilization, and controlled application of herbicides when necessary. Periodic mowing may also be needed to control height. • Remove any debris that may accumulate on or in the immediate area of thr. structure. • Make sure that all structural drains are functional. • Determine and eliminate causes of settlement or cracks in the earthen sectic ns and repair damage. • Repair spalls, cracks and weathered areas in concrete surfaces. • Repair or replace rusted or damaged metal and paint. • Check all valves, gates and other appurtenances for proper functioning. If worn or damaged, - repair or replace following the manufacturer's recommendations. • Replace weathered or displaced rock riprap to constructed grade. • Check all timber or lumber sections for decay and other damage, especially sections in contact with earth or other materials. Repair damaged sections and apply protective coatings as needed. USDA-NRCS I May 1997 • Eradicate or otherwise remove all rodents or burrowing animals. Immediately repair any damage caused by their activity: (If threatened species are involved, follow policy on endangered or threatened species.) 9 Immediately repair any vandalism , vehicular, or livestock damage to any earthfiils, spillways, or outlets or other apparatuses . INSP=ONS The practice should be inspected routinely and especially after major rainf ill events. All items needing maintenance should be repaired immediately. VIOLATIONS Failure to carry out the O&M required of this practice may result in the rel nbursement of Federal cost share dollars used for installation of this practice. CONTACT YOUR LOCAL NRCS OFFICE FOR ANY ADDITIONAL TEECHNICAL ASSISTANCE YOU MIGHT NEED FOR IMPLEMENTATION OF THI O& M PLAN FOR YOUR STRUCTURE. USDA - NRCS 'vt , ti ERHIBIT 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 he 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 : Schirard Citrus , Inc . Attn : J . Brantley Schirard , Jr . P . O . Box 2667 Fort Pierce , Florida 34954 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 ' y w t v 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