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HomeMy WebLinkAbout2004-231H COST SHARE GRANT CONTRACT ��}} This Cost Share Grant Contract ( " Contract " ) enteredinto as of ottkk -,t IQ 1 , 2004 by and between Indian River County , a political subdivision of the State of Florida , ( " County " ) and Robert J . Lindsey , having an address of 6585 12th Street , Vero Beach , FL 32966 ( " 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 FD AS # 68001 ( " Cost Share Agreement " ) attached hereto as Exhibit A and I ncorporated herein in its entirety by this reference . B . Pursuant to the terms of the Cost Share Agreement , the County may enter into contracts with eligible applicants / recipients for the purpose of partially f inding 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 con ideration , 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 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 " ; ( iii ) the Recipient is solely responsible for the portion of the cost of the BMP that is set forth on Exhibit B as the " Applicant Cost " ; ( iv ) certain obligations of the County under the Cost Share Agreement will be performed by the Recipient and the County , respectively ; ( v ) the Recipient shall implement , establish , and complete the BMP by March 1 , 2005 ; ( vi ) upon completion of installation of the BMP , the Recipient shall certify and submit all required invoices for payment for the BMP to the Indian River Soil and Water Conservation District as agent for the County under the Cost Share Agreement , and the Indian River Soil and Water Conservation District shall submit the invoices to the County for further processing and payment ; ( vii ) the Recipient shall maintain and replace the BMP for the required maintenance period set fort 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 e d of the maintenance period set forth on Exhibit Bo ( 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 tim s 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 Permit , and a Consumptive Use ermit , 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 he 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 :/ INDIAN RIVER COUNTY BOARD OF COUNTY C ISSIONERS Signature By : Title : WArthur R . Newberg hair r qt Atte • J . K . Barton , Clerk B � : �. 2 . Deputy Clerk dF Approved : Indian River Co . Approved Date , Administrator seph Baird , � l � 3 Legal VJ WA ounty Administrator Budget » AAssistant ved as to form Risk Manager sufficient Department � � � � n E . FelCounty Att rney BCC approval date I 3 i n 17 \ � n X 1,61T *tF , 4 Florida Department of Agriculture r and Consumer Services Division of Administration CHARLES H. BRONSON COMMISSIONER CONTRACTUAL SERVICES AGREEMENT This AGREEMENT , made and entered into this day of by and between the DEPARTMENT OF AGRICULTURE ANDCONSUMER SERVICES , State of Florida , and the Indian Riv r 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 : 973300 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 o 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 $ 25 , 000 Der than a 5 % cadministrationcost o be year , including not more 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 mus 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 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 r A szecifies otherwise . With the exception of payments to health care providers for hospital , medical , or other health care services , if payment is not available within 40 days , measured from the latter of the date the invoice is received or the goods or services are received , inspected and approved , a separate interest penalty set by the Comptroller pursuant to Section 55 . 03 , Florida Statutes , will be due and payable in addition to the invoice amount . To obtain the applicable interest rate , please contact the Agency ' s Fiscal Section at ( 850 ) 488 - 2020 or Purchasing Office at ( 850 ) 488 - 7552 . Payments to health care providers for hospitals , medical or other health care services , shall be made not more than 35 days from the date eligibility for payment is determined , and the daily interest rate is . 03333 percent . Invoices returned to a vendor due to preparation errors will result in a payment delay . Invoice payment requirements do not start until a properly completed invoice is provided to the agency . A Vendor Ombudsman has been established within the Department of Banking and Finance . The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment ( s ) from a State agency . The Vendor Ombudsman may be contacted - at ( 850 ) 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 . 119 . 07 ( 1 ) , Florida Statutes . Extension of a contract for contractual services shall be in writing for a single period only not to exceed six ( 6 ) months and shall be subject to the same terms and conditions set forth . 2 7 in the initial contract . There shall be only one extension of a contract unless the failure to meet the criteria set forth in the contract for completion of the contract is due to events beyond the control of the Contractor . If initially competitively procured , contracts for contractual services may be renewed on a yearly basis for no more than two ( 2 ) years , or for a period no longer than the term of the original contract , whichever period is longer . Renewal of a contract for contractual servi es shall be in writing and shall be subject to the same terms an conditions set forth in the initial contract . Renewals shall be contingent upon satisfactory performance evaluations by the Agency . It is mutually understood and agreed that this contract is : A . Subject to the provisions of Section 287 . 058 , Florida Statutes , and the State of Florida ' s performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislatu e as provided in Section 287 . 05821 Florida Statute B . Subject to the approval of the State Comptrol er ( Department of Banking and Finance ) . It is mutually understood and agreed that if this ontract disburses grants and aids appropriations , it is : Subject to the requirements of Section 216 . 347 , F1 rida Statutes , a state agency , a water management district , or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature , the judicial branch , or a state agency . The following provisions of A through G are not applicable to procurement contracts used to buy goods or services from vendors , but are only applicable to a contractor subject to the Florida Single Audit Act . A . There are uniform state audit requirements for state financial assistance provided by state agencies to 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 . N nstate entity means a local governmental entity , nonprofit 3 i organization , or for - profit organization that receives state resources . Recipient means a Ncnstate entity that receives state financial assistance directly from a state awarding agency . Be In the event that the Recipient expends a total amount A. of state financial assistance equal to or in excess of $ 300 , 000 in any fiscal year of such Recipient , the Recipient must have a state single or project - specific audit conducted for such fiscal year in accordance with Section 215 . 97 , F . S . , applicable rules of the Executive Office of the Governor , rules of the Comptroller , and Chapter 10 . 600 , rules of the Auditor General . In determining the state financial assistance expended in its fiscal year , the Recipient shall consider all sources of state financial assistance , including state funds received from this Department resource , except that state financial assistance received by a Nonstate entity for federal financial assistance and state matching requirements shall be excluded from consideration . C . Audits conducted pursuant to Section 215 . 97 , F . S . , shall be : ( 1 ) performed annually , and ( 2 ) conducted by independent auditors in accordance with auditing standards as stated in rules of the Auditor General . D . Regardless of the amount of the state financial assistance , the provisions of Section 215 . 97 , F . S . , do not exempt a Nonstate entity from compliance with provisions of law relating to maintaining records concerning state financial assistance to such Nonstate entity or allowing access and examination of those records by the state awarding agency , the Comptroller , or the Auditor General . E . If the Nonstate entity does not meet the threshold requiring the state single audit , such Nonstate entity must meet terms and conditions specified in this written agreement with the state awarding agency . F . Each state awarding agency shall : ( 1 ) Provide to a Recipient , information needed by the Recipient to comply with the requirements of Section 215 . 97 , F . S . ( 2 ) Require the Recipient , as a condition of receiving state financial assistance , to allow the state awarding agency , the Comptroller , and the Auditor General access to the Recipi nt ' s pient ' s independent auditor s records and the Reci working papers as necessary for COMViving with the requirements of Section 215 . 97 , F . S . The Recipient is required to retain sufficient records demonstrating its compliance wit the terms of this agreement for a period of three years from the date the audit report is issued , and shall allow the Department of Agricu ture and Consumer Services or its designee , , access to such records upon request . ( 3 ) Notify the Recipient that Section 215 . 97 , F . S . , does not limit the authority of the state awarding agency to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state agency Inspector General , e Auditor General , or any other state official . ( 4 ) Be provided by Recipient one copy of each 6. financial reporting package prepared in accordance with the requirements of Sec ion 215 . 97 , F .- S . The financial reporting package means the nonstate entities ' financial statements , Schedule of State Financial Assistance , auditor ' s reports , manageme t 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 G n e . be necessary and consistent with the purposes of Section 215 . 97 , F . S . Copies of the financial - reporting package required by this agre ment shall be submitted by or on behalf of t e Recipient directly to each of the following : ( a ) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee , Florida 32399 - 0800 5 t ( 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 28 "' Street , North , St . Petersburg , Florida 33727 , telephone number ( 813 ) 572 - 1987 . The CONTRACTOR is informed that a person fo affiliowing ate who has been placed on the convicted vendor s conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity , may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work , may not submit bids on leases of real property to a public entity , may not be awarded or perform work as a contractor , supplier ,, subcontractor , or consultant under a contract with any public entity , and may not transact business with any public entity in excess of the threshold amount provided in Section 287 . 017 , Florida Statutes , for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list . The CONTRACTOR is informed that the pashallrtment consider the employment byany Contractorof 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 4 for the construction or repair of a public building or public work , may not submit bids on leases of real property to public entity , may not award or perform work as a contractor , supplier , subcontractor , or consultant under contract with any public entity , and may not transact business with any public entity . In the event that two or more documents combine to form this agreement between the parties , including future amendments and addenda , and in the event that there are contradicto the conflicting clauses or requirements in these documents , provisions of the document ( s ) prepared by the Department of Agriculture and Consumer Services Contract shall be controlling * All contracts entered into by the Department of Agriculture and Consumer Services or any Division. or Bureau thereof , are and shall be controlled by Florida law , contrary provisions notwithstanding . In the event that any clause or requirement of thi 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 withouL force and effect and the requirements of the Florida statutes and rules promulgated thereunder on the same subject shall substitute for that clause or requirement and be binding on all parties to this contract . The Contract Manager for the Department is Wm . Mar Jennings and is located at 1203 Governors Square Boulevard , Suite 200 , Tallahassee , Florida , 32301 , ( 850 ) 488 - 6249 . The Contract Manager for the Contractor is Liberta Sc tto and is located at Indian River Count Coo Derative Extension Service. 1028 _ 20' Plate. Suite D Vero Beach Florida 32960- 5360 ( 561 ) 770 - 5030 . 7 Signed by parties to this agreement : Department Of Agriculture And Indian River County , Florida Consumer Services Board of County Commissioners . Mr . Mike Gresham Director of Administration Ms . Ruth M . Stanbri4Uge Chairman BCC Approved : April 2 , 2002 Attest : Jeffery K . Barton , Date Clerk of Circuit Court Ms . Patricia M . Ridgely , Deputy Clerk County Attorney Approved as to form and Legal Sufficiency . r . James E . Chandler ounty Administrator Date 596000674 DACS - 01085 Contractor ' s FEID Number 05 / 01 8 SCOPE OF WORK NVAMIM PROJECT TITLE : Indian River County Citrus Best Management Practices BACKGROUND : Many activities such as urban development, agriculture, industry, and regional water management have impacted the water quality of the Indian River Lagoon (IRL) and the Upper St. John' s River (USJR) . Segments of these waterbodies 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 IRI, 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 Quality/Quantity Best Management Practice 's (BMPs) .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 (NRCS) 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 River Area Water QualitylQuantity Protection Program (Attachment B) . While participation in this program is not contingent upon participation in any Conservation 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 . 03/05/02 1 1 PROJECT DESCRIPTION : Objectives : growers about water quality iss es , the role of 1 . To educate the Indian River County citrus BMPs in improving water quality, and BMP implementation. 2 . To increase the , acreage of citrus under BMP implementation in Indian River County . ; . nical and financial assistance to Indian River Count growers for the To provide tech implementation of BMPS . 4 . To reduce the potential for pollutants from citrus groves entering the RL and USJR watersheds . Scope of Work: In an effort to reach Indian River County citrus growers in a timely manner, the o portunity for cost sharing will be advertised through a variety of methods (newsletters, web sitc s , newspaper articles, phone calls, etc . ) . Interested growers will meet with the Water Quality E aension Agent to receive a copy of the BMP Manual , view a BMP video , and discuss the importag Lnce 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/Quan ity 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 Grower 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 . TheApplicant 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 f County Commissioners (Board) . Once approved by the Board, the grower must agree to follow an approved Oper tion and Maintenance Plan for the life span of the practices . This plan will describe the p ocedures necessary to properly operate and maintain each BMP . At this point the grower will receive 2 03 /05/02 r 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 IRSWCD/NRCS staff. Routine consultation with NRCS/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 -2 Task 2 — Cost- Share Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 - 10 Task 3 — Quarterly Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Months 3 , 6 , and 9 Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Final ." Mo the of Contract PROJECT MANAGER: Liberta Scotto, Extension Agent II Indian River County Cooperative Extension Service 1028 2 & 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 850-488 -6249 USDA-Natural Resources Conservation Service 1028 20'' Place, Suite A Vero Beach, FL 32960 - 5360 561 - 562 - 1923 Indian River Soil and Water Conservation District 1028 20th 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 20O' Place, Suite D Vero Beach, FL 32960 - 5360 561 - 770- 5030 03 /05/02 4 FISCAL AGENT : Indian River Board of County Commissioners 1840 25' Street Vero Beach, FL 32960 561 - 5674000 PROJECT BUDGET: CATEGORY ANNUAL BMP Installation Cost- Share $ 237, 500 , 5 % Administration 12 , 500 TOTAL $ 250,000 03/ 11/02 5 ATTACHMENT " A " M CITRUS GROWER BEST MANAGEMENT PRACTICES CHECKLIST The following checklist is designed to assist Indian River Area Citrus Growers in identifying the most appropriate Best Management Practices (BMPs) or group of strategies for their specific site and growing conditions . The results should be kept on file and reviewed annuall} 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 mandatory, but listing this voluntary information will help the grove manager select BMPs that are appropriate for their specific grove configuration. I. INTRODUCTION : 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 features 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 yes answer for any survey 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 environmental performance of the grove, but implementation of all BMPs 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 application to the grove unit surveyed. 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 why certain BMPs from questions that were answered " no" will not be implemented. The comment section can also be used to elaborate on any items or questions that may be 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 may be used if the question or section does not apply to that particular grove. 1 II. WATER VOLUME : YesNoBn'IPs Irrigation Practices: 1 ) . Are irrigation events scheduled based on: • evapotranspiration (ET) ❑ 0 Al , D15 Al , D15 • rainfall events , J A1 , D15 • and/or other scientific data? Infrastructure: 2) . Are existing canals and ditches maintained periodically ? ❑ 1:1 A7 , B7 3 ) . Can on- site detention or storage be provided using the present 1:1 ID A6- 77 9 system of canals and ditches ? 4) . Is there an on- site reservoir? l7 ❑ A9 Drainage Management: 5 ) . Are pumps and/or discharge structures setup to achieve uniform El D 7 - 8 drainage throughout the grove? 6) . Are drainage events managed according to a Drainage 0 0 A1 -37 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 0 Al -? , 5 -6 • tensiometers 0 0 A1 -2 ) � 6 • water table observation wells ❑ ❑ Al -2 , 5 -6 2 111. SEDIMENT : Yes No BMPs Drainage Structures: 8 ) . Are culverts with functional riser/sinker boards installed ❑ ❑ B1 on appropriate lateral and side ditch connections ? 9 ) . Are the culvert structures properly installed and maintained ? ❑ L] B1 Ditch Infrastructure 10) . Are there settling basins or sumps to trap sediment at field ditch 0 ❑ B2 connections to laterals and other main canals prior to discharge ? 11 ) . Are these basins maintained at an appropriate frequency ? ❑ ❑ B2 12) . Are ditches and canals constructed with proper side ❑ 0 B3 bank stabilization methods ; i . e . sloping or shoring ? Ditch Management: 13 ) . Is vegetative cover maintained near canal or ditch banks ? ❑ ❑ B4, B5 14) . Are there vegetative buffer strips maintained near environmentally ❑ 11.7 B4 sensitive lands? 15 ) . Are measures taken to prevent side-bank erosion due to the flow 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/Furroiv Management: 17) . Are water furrows properly shaped and grassed to prevent erosion, ❑ ❑ B101 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 ❑ ❑ B11 for the size of the trees? 19) . Are vegetated water furrows, drain tiles, and settling basins used 0 ❑ B10 - 14 to insure minimum movement of sediment to off- site water bodies ? Construction Activities: 20) . Are measures taken to prevent erosion (sediment loss) during ❑ ❑ B107 15 earth-working activities (i . e . , hay bales or ribbon turbidity barriers) ? 3 IV. PESTICIDES : Yes No BMPs Equipment Maintenance: 21 ) . Is all pesticide application equipment properly calibrated and J D C3 - 5 , 7 , 10 maintained ? Education and Training: 22 ) . Are regularly scheduled training sessions held for spray applicators 0 0 C5 , 16 and others responsible for applying, handling, mixing/loading and recommending pesticides ? 23 ) . Is this training documented ? D D C5 24) . Does this training accommodate speakers of other languages ? D D C5 25 ) . Are pesticide labels and label updates discussed periodically ❑ 0 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 C5 , 7 Pollution Prevention and Preparedness: 28) . Is a written contingency plan readily available in the event D 0 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 0 ❑ C73 17 response involving small incidents (i . e . , absorbent materials , recovery drums, PPE, and tools) ? 30) . Are routine inspections of the pesticide storage area conducted 0 0 C5 , C17 to check for leaks and spills? 31 ) . Are reusable mini-bulk containers stored in an area contained to 0 0 C17 prevent runoff into streams, ditches, or wellheads ? 32) . Are excess spray solutions containing pesticides managed 0 D 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 D D C18a in their original container to your local agrichemical dealer? 34) : Is the pesticide storage facility clearly marked and provided 0 D C17 with fire extinguishers ? 4 IV. PESTICIDES (continued ) : Yes No BNIPs Application Methods: 35 ) . Are appropriate measures taken to reduce spray drift using : • nozzle selection ❑ ❑ Cl 0 spray pressure ❑ 1:1 C1 • drift reducing adjuvants ❑ ❑ Cl • windbreaks ❑ ❑ C1 • and/or other drift control materials? ❑ ❑ C1 36) . Are pesticides applied only when wind speeds are less than 10 mph? It:] ❑ C2 37) . Is the efficiency of pesticides maximized by timing applications ❑ ❑ CO) based on anticipated weather conditions and irrigation events ? 38 ) . Are sprayer nozzles turned off at the trunk of the last tree within 11 ElC3 , 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 ) . 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, ❑ ❑ 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 ❑ ❑ 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 ? ❑ ❑ C17 43 ) . Does this facility have a concrete floor with a 4" lip ? ❑ ❑ C17 44) . Are the materials segregated by type (herbicides , fungicides , ❑ ❑ C17 and insecticides) ? 45 ) . Are all stored pesticide materials properly labeled ? ❑ ❑ C17 46) . Is an accurate inventory kept of all crop protection products ? El C57 16- 17 Mixing and Loading Activities: 47 ) . Is application equipment washed on a concrete pad with a sump , D ❑ Cl1 and is the wash-water collected and reused in other applications ? 48 ) . Are anti- siphoning devices, artesian pressure, or other measures ❑ E, C12 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 ❑ ❑ C13a 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 IV. PESTICIDES ( continued ) : Yes \To B11IPs Mixing and Loading Activities (continued) . 51 ) . Are mix/load stations located where runoff will not carry 0 C13a-b spilled chemicals into surface water bodies? 52 ) . 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 contaminationJ C 13 a-b — due to small spills? 54 ) . Are jet-rinse nozzles or some other method used at your mix/load 0 ❑ C13 - 14 sites to insure that used pesticide containers are properly rinsed? 55 ) . Are triple rinsed containers punctured and stored properly 0 0 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 0 ❑ C14 , 18 than 500 lbs . ) Integrated Pest Manageynent: 57) . Are a combination of control measures used targeting specific 0 0 C6 pests and diseases, including mechanical, cultural, biological, and chemical systems (i . e . Integrated Pest Management) ? 58 ) . Are precision application techniques, such as Global 0 C8 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 0 0 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, 0 0 C 15 and the leaching and runoff potential of the pesticide to be applied considered when selecting a chemical for a specific pest? 6 VYes No BI\ZPs , NUTRIENTS : Education and Training: 61 ) . Are field operators or sub-contractors of fertilizer application ❑ ❑ D1 equipment properly trained in the handling, loading, and calibration of spreaders and other equipment? 62) . Is this training documented? ❑ ID D 1 61 ) . In general are the recommendations of the University of Florida ' s ❑ ❑ D2 , 6, 13 , 18 Institute of Food and Agricultural Sciences ( SP- 169 ) followed ? Pullutiun Pre ►�ention: 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 ❑ ❑ D10 - 12 much as is practicable) to avoid contaminating adjacent water bodies during loading operations? 67) . Is spilled fertilizer transferred to application equipment ElD9 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 load and unload fertilizer moved frequently ? ❑ ❑ D92 11 70) . . Are check valves used to prevent backflow when pumping surface ❑ ❑ . 1) 10 , 12 or well water to mix with fertilizer for fertigation? 71 ) . Are anti- siphoning devices, artesian pressure or ❑ ❑ D12 - 13 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 ❑ ID D13 , 16 , 18 sensitive areas by using: • controlled release fertilizers ❑ ❑ D13 , 18 • frequent low concentration fertigation events ❑ ❑ D132 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 . g. , Class A sludge or other ❑ D D 2b ) 16 approved organic matter sources) an integral part of the nutrient management program? 75 ) . Are old unused wells plugged (decommissioned) ? ❑ ❑ D17 7 V. NUTRIENTS ( continued ) . Yes No BMPs Sampling and Analysis: 76) . Is there a nutrient management plan that allows for optimum crop 0 D2 production based on soil, water, and plant sample analyses ? 77) . Is there a program of annual soil , leaf tissue and irrigation water ❑ 0 D2 - 3 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? 0 0 D2 -3 Equipment Maintenance: 79) . Is the machinery designed to apply fertilizers properly calibrated, C 0 D4 - 5 maintained and operated, so that the desired rates are consistent with the form and sources of nutrients? Application Alethods. 80) . Are nutrients placed directly on the root zone of trees, within the 0 0 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, 0 0 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? 0 0 D 13 83 ) . Are a combination of liquid, dry, or foliar feeding used to maximize 0 0 D2 , 13 , 15 , 18 plant uptake and minimize losses of nutrients ? Storage and Man Wing: 84) . If equipment or bulk trailers containing fertilizers are parked 0 0 DI 8 - 9, 11 overnight is adequate security provided ? 8 VI. AQUATIC PLANTS : 1' es No BMPs Structures: 85 ) . Are ditches maintained to prevent aquatic plants from clogging ❑ ❑ E1 - 3 discharge structures? 86) . Are measures taken to prevent floating vegetation from clogging ❑ ❑ E1 culvert riser structures? 87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes ; ❑ El 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 !; ❑ E1 ditches or canals ? 90) . Are biological control agents such as flea beetles, hyacinth weevils, ❑ ❑ E2 or grass carp used to manage aquatic weeds ? 91 ) . When selecting aquatic herbicides for target species is mode of ❑ ❑ E3 action, residual toxicity, and potential for offsite movement considered ? 92) . Are appropriate measures taken to control drift and place the desired ❑ ❑ E3 chemical on the weed to be eliminated whether it is submersed, emergent or floating? 9 VII. 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RF' .I i P'0 _ - � •+moi `I �:�, - a� 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 I 1 .0 Introduction This handbook provides guidance to applicants (grove ow ers 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 or 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 and Consumer Services ( FDACS ) has responsibility under sections 403 . 067 and 570 . 085 , Florida Statutes . These responsibilities include , but are not limited to , the following : a ) To provide for the management of water and related land resources ; b ) To promote the conservation , development and proper utilization of surface and groundwater; c ) To develop and regulate dams , impoundments , reservoirs an I other works to promote water storage , for beneficial purposes ; d ) To minimize degradation of water resources caused by t a 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 , F ACS will provide reimbursement for select agricultural practices that have potential water conservation , sediment control , and water quality benefits . It is anticipated that this program will provide area citrus growers with economic assistance that would facilitate their voluntary implementation of BMPs that would not otherwise be economically feasible . 4. 0 Key Participating Agencies and Organizations Florida Department of Agriculture and Consumer Services ( FDACS ) St . Johns River Water Management District (SJRWMD ) • South Florida Water Management District ( SFWMD ) • USDA- Natural Resources Conservation Service ( NRCS ) Indian River Soil and Water Conservation District ( IRSWCD ) • University of Florida / Institute of Food and Agricultural Sciences - Cooperative Extension Service ( Indian River County) • Indian River Board of County Commissioners • Treasure Coast Resource Conservation and Development Council (TCRC & D ) • Central Florida Resource Conservation and Development Council ( CFRC & D ) 5.0 Eligible Practices • Aquatic Weed Barrier • Chemigation Infrastructure • Conversion / Repair of Flash Board Riser Water Control Structure Conversion to Low Volume Irrigation System • Grade Stabilization • On-site Water Detention/Retention • Permanent 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 micro- irrigation , water is distributed through a network of I underground pipe and above ground lateral tubing and applied directly to the soil above the plant' s root zone . Modifications to existing micros rigation systems that can be expected to increase system efficiency and reduce offsite movement of nutrients , pesticides , and sediment are also eligible . Grade Stabilization This practice includes the use of structures , pipe , concrete , rock , vegetation , synthetic fabrics , and other materials to maintain the stability and integrity of soils in ditches , swales , water furrows , and other erosion prone areas . This practice also includes equipment for chemical mowing of ditch banks to promote the proliferation of grasses through the exclusion of higher growing weeds and brush . On-Site Water Detention/Retention This practice will provide for the attenuation of both the rate and volume of off-site water and sediment discharge following heavy storm events. The water may be stored for future use or released off-site later at reduced discharge rates . Permanent A richemical Mixing/Rinsing Facili and/or E uiornent Washdown Facility This practice provides for the construction of a pem anent facility to contain and recover spillage or rinsate from a fertilizer or pestic de mix and load area or from an equipment washdown site . It is intended to prE vent fertilizer or pesticide contamination of ground or surface waters . The facili 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 environme t during mixing and loading of agrichemicals . The portable device must lieet published standards and specifications ( USDA- NRCS Field Office Tec nical 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 t the target of application . This includes sonic or optical sensors , devices that apply pesticides in a pre-defined , regulated manner, and equipment that uses GI 3 technology to allow application based on a pre-defined map . Precision application equipment often varies the rate of application , materials used , and location f 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 schedulin 3 needs . 7.0 Individual Program Cost-Share Rates and Alternative Rates for Joint Program Participation 7. 1 Cost-share funds are available through this program for each of the practices listed in section 7. 2 below at the designated "program reimbursement rate". The program reimbursement rate represents the percentage of the total BMP cost to be paid through the program . Cost share may also be available through the USD/rNRCS "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 $60, 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 True 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 % I 7. 3 When EQIP funds are received to support a practice or gro p of practices , the participant is also eligible to apply for program nds . 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 $ 10 , 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 meeti g 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 recen 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 Properly 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 ith 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 organizatior identified in Section 12 . 0 . Step 4 : A cost share agreement (to be provided by the local delivery organization ) will be signed by the applicant and executed by the local delivery organization . Execution of the contract shall serve as authorization to proceed with practice implementation in accordance with the agreement. Step 5 : Participant will notify program staff of project completion and schedule an inspection to verify that the practice has been installed or constructed in accordance with the project plan . Step 7 : The participant will submit a "Request for Payment" (Appendix A, Form 2 ) , (including copies of all applicable receipts for work completed ) to the appropriate local delivery organization . Step 8 : The applicant will follow the O & M schedule provided fore each practice . Program staff will periodically conduct site visits to verify t at 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 , wernoved , 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 . G . (Consumptive Use Permit) , Chapter 40(X ) -4 , F .A . C . ( Environmental Resource Permit) , or Chapter 40(X) -44 , F.A. C . (Agricultural Surface Water Management Systems Permit) . Grove "caretakers " (who do not own the land where BMPs are to be implemented ) are also eligible for cost share if they meet the eligibility criteria of the local delivery organization and file a notice of intent with the landowner' s signature . Participation in this program is open to all eligible applicants without regard to race , color, religion , national origin , age , sex, marital status , and mental or physical handicap . 10 . 0 Maintenance Requirements The following practices must be properly maintained and operated for the number of years listed below . Practice Practice Maintenance 1 , D . # Title Period IR- 1 Aquatic Weed Barrier 3 Years IR-2 Chemigation Infrastructure 5 Years IR-3 Conversion / Repair of Flash Board Riser 5 Years 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) 329 -4500 I St. Johns River Water Management District : Vince Singleton ( Palatka ) (386 3294197 Victor McDaniel (Orlando ) (4071897 -4313 Troy Rice ( Palm Bay) (321 ) 984 -4938 12. 0 Local Program Delivery Agencies / Contacts for Each County County Local Delivery Organization Contact Phone Indian River Indian River SWCD James Karl (772) 70- 5005 USDA- NRCS Clare Nichols ( 772 ) 562- 1923 Martin/St. Lucie/ Treasure Coast RC & D Donna Smith (772) 61 -4546 Okeechobee Brevard East Central Florida RC & D Steve Cox (407) 43-2689 USDA- NRCS David Millard (321 ) 633- 1702 Volusia/ Florida Association of Travis Davis (850) 23 -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 (✓) 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 Stn cture ❑ IR -4 Conversion to Low Volume Irrigation System ❑ IR - 5 Grade Stabilization ❑ IR -6 On-site Water Detention/Retention ❑ IR - 7 Permanent Agrichemical Mixing/Washdown Facility ❑ IR -8 Portable Agrichemical Mixing Station ❑ IR - 9 Precision Application Equipment ❑ IR - 10 Water Table Observation Well Application must include a completed copy of the Notice of Intent to I rnplement. 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 STANDA DS 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 Qndude copy of Form 1245)-. $. PORTION OF COST TO BE PAID BY PROGRAM : $ SIGNATURE OF PARTICIPANT DATE i f t �t � �"r /K{ x�' 'y /t,gf4 ��,32 } t7* " ! t f ll n � 4 Ei. r' y .r'��. 'h.5°`ert' 4POP- .'1 } +3 f3 ` Ifl 'E T / Y�1�'M IJ. tpYj'�L 'q jrY A h 3 { 1• l 1 ' ,L P. w.. L f . tf .. lyll r _t Oi Y C ! rJ f �mr ,w+ + i v31 { ,�. I , -0 . Y'" r 4} r t '� r y ' ' D + ne}F ��{ r }f t : ' r '1'�R : •t 2 FL: eylxt`E �:e ty s� ; r . Oloo, I il za D + Y rd �It 7{ `II& I . I It- PCL lW {•^rf+s0 PON v z r iJY ygT..,ro'[ • a` ``f'` 't . . "� � fy^v ya t y ¢l t'�Y � dt PIPZ.Fij { t t ty.r 1 ' T IPP�P 1p t ill I Jk PIT T `�`!Fq 'Fr{ n3`sA r : �f + a , _ ah .r.. c �+r it % l *F . ' f ax 4yl. i.. u '1 t c ✓i i L . 1y}. .'Vw h7 , r Ile ld 4 t ,~y' a 'E ,✓rte r•, P. I. r 11 r i 4 ^ pe PP. PP IL " PILt.� t al ° i r { : is t t o M - .rt fr. ,Sh . PIP t i }7 , ^; w it V �INIf Y= )> ' 4st i , x�!tt� 1 fY f `7i ;¢jy�'Fp ''' g, 5t 9+Y. • fi it .,SL { �t.VyJ�'3 `�.. :h`fJ��,3' S� �nr{'s ' � • _ • • � r t rel l,, 1 h r'D,.n,y � . . • { ♦ X . Pill. `PIlP.yr� p �s rit a � w�.e tt.� ryryyy�4a T' � P�•<a /'1J�d x�nT. i$.' .. PI PIP r Cont'd from pg 2. E' Xhi bit Application Evaluation Review Sheet Applicant Name : Applicant #520 ; Robert J . Lindsey { Address : 16585 12 Street, Vero Beach , FL 32966 Tract Number(s) : ! Hunt , Hunt 3 , Ames 3 , Carson Woods , Bowens. Field Number( s) : ! 1 Date : { July 9 , 20041 1 VI. Review Summary: Land Use/Field : Acres . Micro-Irrigated Citrus Grove 252 Best Management Practices Applied For: i Install 6 FBR H2o Control Structures. i Total BMP Costs: 76% Cost Share: Div By Total Eval Points: Applicant's Score: Applicant Cost: $34 ,3421 $25 ,7571 150 1 171 . 71 ! $8 , 586 VII. Remarks* Vlll, Designateo Cpps fnTtionist: I / IA Sign ture) Date (Checked By) I Date: � I D oval Dale (AP re) e Pi acy Act S t: The following statements are made in accordance with the Privficy Act of 1974 (SU .S _C 522a). I . ITiieauthoritiesfoV!questing the information to be applied on this form are: 16 U . S .C . 590a-f (Soil and Water Cor iversation) ; 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 p as the basis for satisfying program eligibility and compliance requirements,- and for proving technical education, or finan Nial assist- ance under the previously mw tic ned authorities. Furnishing this information is voluntary; however, faikrre to furrit'sn correct, complete information will result in the withholding or withdrawal of such technical, educational, or financial assistanoe. This information may be furnished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or the other State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribunal. IRSWCD Page 3 ( 10-26-01 ) i Page _ of OPERATIQN AND MAINTENANCE PLAN STRUCTURE FOR WATER CONTROL COOPERATOR L , ,� r ,E � DATE v v .S Za0 ADDRESS c/- S8, PRACTICE LOCATION - SEC 0SZ(, , ? T - 3&.5 R 32 it FIELD NO . #L � 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 will prevent erosion. The estimated life span of this system is at least T years. The life of this s stem can be assured and usually increased by developing and carrying out a good operatimi and maintenance program. This practice will require you to perform periodic operation and maintenance to maintain satisfactory performance. Here are some recommendations to help you develop a good operation and maintenance program. GENERAL RECOMMENDATIONS • All fences, railings, and/or warning signs shall be maintained to provide warning and/or prevent unauthorized human or livestock entry. • Maintain vigorous growth of desirable vegetative coverings. This includes reseeding, fertilization, and controlled application of herbicides when necessary . Period * mowing may also be needed to control height. • Remove any debris that may accumulate on or in the immediate area of the structure. • Make sure that all structural drains are functional. • Determine and eliminate causes of settlement or cracks in the earthen sect ons 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. • Replase UIZpauceormclrnprap o • Clieck all timber or lumber sections for decay and other damage, especial ! y sections in contact with earth or other materials . Repair damaged sections and apply protective coatings as needed . I JSDA - NRCS hAnA , 1 007 Page z of_Z • 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 . ) • Immediately repair any vandalism, vehicular, or livestock damage to any earthfills , spillways, or outlets or other apparatuses . SPECIFIC RECOMMENDATIONS FOR YOUR INSTALLATION INSPECTIONS The practice should be inspected routinely and especially after major rainfall events. All items needing maintenance should be repaired immediately. VIOLATIONS Failure to carry out the O&M required of this practice may result in the reimbursement of Federal cost share dollars used for installation of this practice. CONTACT YOUR LOCAL NRCS OFFICE FOR ANY ADDITIONAL TECHNICAL ASSISTANCE YOU MIGHT NEED FOR IMPLEMENTATION OF THIS O& M PLAN FOR YOUR STRUCTURE. USDA-NRCS May 1 "/37 I EXHIBIT C STANDARD TERMS FOR COST SHARE GRANT CONTRACT 1 . Termination : This Contract may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of the Contract pon 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 : Robert J . Lindsey 6585 12th Street Vero Beach , FL 32966 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 r � 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 un erstandings 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 rovision 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 t is 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