HomeMy WebLinkAbout2004-231I 7 • K
COST SHARE GRANT CONTRACT py • 231 T
This Cost Share Grant Contract ( " Contract " ) entered into as
of /2 2004 by and between Indian River County , a
political subdivision of the State of Florida , ( " Co my " ) and
Premier Citrus , LLC , having an address of 1970 122nd Avenue ,, Vero
Beach , Florida 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 rea Water
Quality / Quantity Protection Program , [ Contract FD AS # 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 Agreement , the
County may enter into contracts with eligible
applicants / recipients for the purpose of partially funding and
fully implementing the agricultural water quality best management
practices ( " BMP " ) contemplated in the Cost Share Agreement and
more specifically set forth in the Operation and Maintenance Plan
and the Applicant Evaluation Review Sheet , each of which is
attached hereto , collectively referenced as Exhibit B , and
incorporated herein in their entirety by this reference .
C . Recipient has applied to the County for a cost share grant
of money ( " Grant " ) to fund , at the designated " program
reimbursement rate " set forth in Exhibit A , and fully implement
the BMP on the terms and conditions set forth herein .
D . The County has agreed to provide the Grant funds to the
Recipient to fund , at the designated " program reimbursement rate "
set forth in Exhibit A , and fully implement the BMP on the terms
and conditions set forth herein .
NOW , THEREFORE , in accordance with the mutual covenants
hereinafter contained and other good and valuable consideration ,
the receipt and adequacy of which are hereby acknowledged , the
parties agree as follows :
1 . 0 Background Recitals . The background recitals are true and
correct and form a material part of this Contract .
2 . 0 Cost Share Agreement Requirements . By signing this
Contract , the Recipient acknowledges and agrees that :
( i ) the funding source of this Contract is the Cost
Share Agreement ;
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MENEM
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 aintained ,
removed , or destroyed before the end of the
maintenance period set forth on Exhibit B ;
( viii ) the Recipient will control the land upon which the
BMP is to be implemented for the time period set
forth in Exhibit B and shall , upon reque t , 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 acces 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 time with all
applicable federal , state , and local laws , rules ,
and regulations in connection with the BM
( xii ) the Recipient must have all applicable permits ,
including , but not limited to , a County Right of Way
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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 274 ( e ) of the
Immigration and Nationalization Act , and such
violation shall be cause for unilateral ancellation
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 Rec pient have
executed this Agree nt as of the date first written above .
RECIPIENT . Df � � C INDIAN RIVER COUNTY
BOARD OF COUNTY C ISSIONERS
Signature :
By :
Title : Q � , Arthur R . Neuber , hai m n
Atte . • J . K . Barton. Clerk
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Deputy Clerk
Approved .
Indian River Co . Approved4) , Date C
Administrator seph Ba rd ,
Legal ounty Administrator
Budget A 164 p oved as to form
Risk Manager n 1 gal sufficienc
Department !
r ' a . Fel
ssistant County Attorney
BCC approval date
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Florida Department of Agriculture
f r p
� r and Consumer Services
ate ' Division of Administration
CHARLES H. BRONSON
COMMISSIONER CONTRACTUAL SERVICES AGREEMENT
This AGREEMENT , made and entered into this da of
by and between the DEPARTMENT OF AGRICULTURE
ANDCONSUMER SERVICES , State of Florida , and the Indian Fj er Board of
Countv Commissioners , the CONTRACTOR .
CONTRACT PERIOD : This Agreement shall be in effect 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 b
reference as an attachment .
The six digit Department of Management Services ' lass /
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 to the
Contractor at the execution of this contract with the balance to
be paid upon submission of invoices and other supporting
documentation . Total distributions will not exceed $ 250 , 000 per
than a 5 % ° administration cost to be
year , including not more
dispersed to the Indian River Soil and Water Conservation
District for each contract administered under this agreements
Bills for any authorized travel expenses shall be submitted
and paid in accordance with the rates specified in Section
112 . 061 , Florida Statutes , governing payments by the State for
travel expenses . Authorization for travel expenses must be
specified in the paragraph for payments directly above
Bills for services shall be submitted in triplica e to
Department of Agriculture and Consumer Services , Officim of
Agricultural Water Policy , 1203 Governors Square Boulevard ,
Suite 200 , Tallahassee , Florida , 32301 , in detail suff ' cient 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
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specifies otherwise . With the exception of payments to health
care providers for hospital , medical , or other health care
services , if payment is not available within 40 days , measured
from the latter of the date the invoice is received or the goods
or services are received , inspected and approved , a separate
interest penalty set by the 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
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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 c 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 Legislature as
provided in Section 287 . 0582 , Florida Statute .
Be Subject to the approval of the State Comptroller
( 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 . 3. 47 , Florida
Statutes , a state agency , a water management district , or
the judicial branch may not authorize or make any
disbursement of grants and aids appropriations pursuant to a
contract or grant to any person or organization unless the
terms of the grant or contract prohibit the expenditure of
funds for the purpose of lobbying the Legislature , the
judicial branch , or a state agency .
The following provisions of A through 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 agenci s to
Nonstate entities to carry out state projects in
accordance with and subject to requirements o
Section 215 . 97 , Florida Statutes ( F . S . ) , whic may be
applicable to and binding upon Recipient . No state
entity means a local governmental entity , non rofit
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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 .
B . In the event that the Recipient expends a total amount
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 .
Co 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 .
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( 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 Reciz nt ' s
records and the Recipient ' s independentauditor ' s
working papers as necessary for coma.
plyin with
the requirements of Section 215 . 97 , F . S . The
Recipient is required to retain sufficient
records demonstrating its compliance witIa the
terms of this agreement for a period of three
years from the date the audit report is issued ,
and shall allow the Department of Agriculture and
Consumer Services or its designee , access to such
records upon request .
( 3 ) Notify the Recipient that Section 215 . 9 , F . S . ,
does not limit the authority of the state
awarding agency to conduct . or arrange for the
conduct of additional audits or evaluations of
state financial assistance or limit the authority
of any state agency Inspector General ,
the
Auditor General , or any other state official .
( 4 ) Be provided by Recipient one copy of each
financial reporting package prepared in
accordance with the requirements of Section
215 . 97 , F . S . The financial reporting p ckage
means the nonstate entities ' financial
statements , Schedule of State Financial
Assistance , auditor ' s reports , manageme at letter ,
auditee ' s written responses or corrective action
follow - up of prior years '
plan , correspondence on
corrective actions taken , and such other
information determined by the Auditor G neral to
be necessary and consistent with the purposes of
Section 215 . 97 , F . S . Copies of the financial -
reporting package required by this agreement
shall be submitted by or on behalf of the
Recipient directly to each of the following :
( a ) The Department of Agriculture
and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee , Florida 32399 - 0800
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( 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 ' ' corpora tion identified ' ' is Prison
Rehabilitative Industries and Diversified Enterprises ,
Incorporated . Available products , pricing and delivery schedules
may be obtained by contacting : PRIDE of Florida , 12425 28Lh
Street , North , St . Petersburg , Florida 33727 , telephone number
( 813 ) 572 - 1987 .
The CONTRACTOR is informed that a person or affiliate who
has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity ,
may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work , may
not submit bids on leases of real property to a public entity ,
may not be awarded or perform work as a contractor , 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 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
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for the construction or repair of a public building or public
work , may not submit bids on leases of real property to a public
entity , may not award or perform work as a contractor , supplier ,
subcontractor , or consultant under contract with any public
entity , and may not transact business with any public entity .
In the event that two or more documents combine to form
this agreement between the parties , including future am ndments
and addenda , and in the event that there are contradictDry or
conflicting clauses or requirements in these documents , the
provisions of the document ( s ) prepared by the Department of
Agriculture and Consumer Services Contract shall be con rolling .
All contracts entered into by the Department of Agriculture
and Consumer Services or any Division or Bureau thereof , are and
shall be controlled by Florida law , contrary provisions
notwithstanding .
In the event that any clause or requirement of this
agreement is contradictory to , or conflicts with the
requirements of Florida law , including , but not limited to
requirements regarding contracts with Florida ' s governmental
agencies , the offending clause or requirement shall be without
force and effect and the requirements of the Florida Statutes
and rules promulgated thereunder on the same subject shall
substitute for that clause or requirement and be binding on all
parties to this contract .
The Contract Manager for the Department is Wm . Mark
Jennings and is located at 1203 Governors Square Boule ard ,
Suite 200 , Tallahassee , Florida , 32301 , ( 850 ) 488 - 6249 .
The Contract Manager for the Contractor is LibertaS otto and is
located at Indian River County Cooperative Extension Service. 1028 20 Place. Suite D
Vero Beach Florida 32960- 5360 (561 ) 770 - 5030 .
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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 . Stanbridge
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 .
0000
foe
r . James E . Chandler
)ounty Administrator
Date
596000674
DACS - 01085 Contractor ' s FEID Number
05 / 01
8
O A LIO adOac
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 IRL and USJR watersheds and to provide them with the
tools necessary to ensure that their operations do . not contribute to these problems, the Indian
River Citrus League working cooperatively with individual growers, the University of Florida, .
Institute of Food & Agricultural Sciences (UF/IFAS), Florida Department of Agriculture and
Consumer Services (FDACS), and state and regional regulatory agencies compiled a "living"
document entitled, " Water 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 Quality,'Quantity 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
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PROJECT DESCRIPTION :
Objectives :
s growers about water quality issues , the role of
1 . To educate the Indian River County citru
BMPs in improving water quality, and BMP implementation .
2 . To increase the $ acreage of citrus under BMP implementation in Indian RiN er County .
; . nancial assistance to Indian River County
growers for the
To provide technical and fi
I
mplementation of BMPS .
4 . To reduce the potential for pollutants from citrus groves entering the IRL and USJR
watersheds .
Scope of Work:
In an effort to reach Indian River County citrus growers in a timely manner, the opportunity for
cost sharing will be advertised through a variety of methods (newsletters, web sites , newspaper
articles, phone calls, etc . ) . Interested growers will meet with the Water Quality Extension Agent
to receive a copy of the BMP Manual, view a BMP video , and discuss the importance of BMPs
in affecting water quality improvements in the Indian River Lagoon and Upper St . Johns
Watersheds .
Growers who choose to participate in this Indian River Area Water Quality/Qua tity 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. The pplicant
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 llowing : a
private contractor, the MRCS , 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 Ope7atio77 and
Maintenance Plan for the life span of the practices . This plan will describe the procedures
necessary to properly operate and maintain each BMP . At this point the grower will receive
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03 /0 /02
approval to install the practices according to approved designs . The BMP installation must meet
all design criteria before it can be certified as complete by 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 /0 /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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . I . . . . . . . . . . . . . . . . . . . . Months 3 , 6 , and 9
Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Fina12 Months of Contract
PROJECT MANAGER:
Liberta Scotto, Extension Agent II
Indian River County Cooperative Extension Service
1028 2e 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'h Place, 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 2 & Place, Suite D
Vero Beach, FL 32960 - 5360
561 - 770- 5030
03 /05/02
FISCAL AGENT :
Indian River Board of County Commissioners
1840 25' Street
Vero Beach, FL 32960
561 - 567- 8000
PROJECT BUDGET :
CATEGORY ANNUAL
BMP Installation Cost- Share $ 237, 500
5 % Administration 121500
TOTAL $ 250,000
03/ 11/02
ATTACHMENT " A "
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 annually to determine if progress is being made in reducing off-site discharges of sediment, pesticides , nutrients,
and aquatic plants . Providing the information requested below for the Introduction section is not mandatory, but listing this
voluntary information will help the grove manager select BMPs that are appropriate for their specific grove configuration.
L 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 . Texqure, & 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 Re,6ew 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 BNT
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
H. WATER VOLUME : Yes No B117Ps
Irrigation Practices.
1 ) . Are irrigation events scheduled based on:
• evapotranspiration (ET) 17 1:1 A1 , D15
1:1El Alp D15
• rainfall events, ] A 1 , D 15
• and/or other scientific data?
Infrastructure:
2) . Are existing canals and ditches maintained periodically ? 11 1:1A7, B7
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? ❑ 11 A9
Drainage 37anagement:
5 ) . Are pumps and/or discharge structures setup to achieve uniform 7 - 8
drainage throughout the grove?
6) . Are drainage events managed according to a Drainage ❑ ❑ Al - 37 6- 7
Management Plan?
Vater Table Management:
7) . Are groundwater levels monitored to meet tree water demands
and prevent root pruning by:
• soil moisture probes ❑ ❑ Al -2, 5 -6
• ❑ ❑ Al -2 , 5 -6
tensiometers
• water table observation wells ❑ ❑ Al -2 , 5 -6
2
111. SEDIMENT : Yes No BhIPs
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 ? ❑ ❑ B 1
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 0 B3
bank stabilization methods ; i . e . sloping or shoring ?
Ditch Management:
13 ) . Is vegetative cover maintained near canal or ditch banks ? 0 ❑ B4 , B5
14) . Are there vegetative buffer strips maintained near environmentally 0 ❑ 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/Furrow Management:
17) . Are water furrows properly shaped and grassed to prevent erosion, ❑ 0 B101 Al -4
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 B11
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:
20) . Are measures taken to prevent erosion (sediment loss) during 0 0 BIO , 15
earth-working activities (i . e . , hay bales or ribbon turbidity barriers) ?
3
W. PESTICIDES : Yes No BMPs
Equipment Maintenance:
21 ) . Is all pesticide application equipment properly calibrated and _ J C3 - 5 , 7, 10
maintained ?
Education and Training:
22 ) . Are regularly scheduled training sessions held for spray applicators 0 ]l C53 16
and others responsible for applying, handling, mixing/loading
and recommending pesticides ?
23 ) . Is this training documented? 0 0 C5
24) . Does this training accommodate speakers of other languages ? 0 El C5
25 ) . Are pesticide labels and label updates discussed periodically 0 0 C57 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 0 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 0 ❑ C7 , 17
response involving small incidents (i . e . , absorbent materials,
recovery drums, PPE, and tools) ?
30 ) . Are routine inspections of the pesticide storage area conducted 0 171C5 , 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 0 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 0 C18a
in their original container to your local agrichemical dealer?
34) : Is the pesticide storage facility clearly marked and provided ❑ 0 C17
with fire extinguishers ?
4
IV. PESTICIDES (continued ) : Yes No BAIPs
Application Methods:
35 ) . Are appropriate measures taken to reduce spray drift using :
• nozzle selection J C1
• spray pressure Ell I Cl
• drift reducing adjuvants ❑ 71 Cl
• windbreaks ❑ 1:3 - C1
• and/or other drift control materials? 0 C1
36 ) . Are pesticides applied only when wind speeds are less than 10 mph? 1:1u C2
37 ) . Is the efficiency of pesticides maximized by timing applications 0 1:1 C2
based on anticipated weather conditions and irrigation events ?
38 ) . Are sprayer nozzles turned off at the trunk of the last tree within 11 El 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) . Are the last three rows of trees sprayed windward of waterways ❑ C - 3e
using nozzles on one side only, with spray directed away from
aquatic areas ?
40) . Are all of the required records for pesticide applications, U u C16
including date, time, location of treatment, target site, crop,
total area, brand name, EPA Registration number, total amount, and
method of application recorded by a certified applicator?
41 ) . Are records and copies of current pesticide labels filed conveniently 0 ❑ 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? ❑ L7 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? 0 ❑ C17
46 ) . Is an accurate inventory kept of all crop protection products? El 1:1 C5 , 16 - 17
Miazng and Loading Activities:
47) . Is application equipment washed on a concrete pad with a sump, ❑ 1:1 C11
and is the wash-water collected and reused in other applications ?
48 ) . Are anti- siphoning devices, artesian pressure, or other measures 1 C, 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 El El 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 0 � C13a-b
to prevent contamination of wells during pesticide
mixing/loading operations ?
5
1
IV. PESTICES ( continued ) : Yes No BMPs
ID
Mixing and LoadintyActivities (continued) :
51 ) . Are mix/load stations located where runoff will not carry ❑ _ Cl3a-b
spilled chemicals into surface water bodies ?
52 ) . Is there a system of portable mix/load stations or water only El C 13b
nurse tanks, and are they moved frequently? 17 14:1
53 ) . Is secondary containment provided to reduce contamination —
C13a-b
due to small spills?
54 ) . Are jet-rinse nozzles or some other method used at your mix/load ❑ ❑ C13 - 14
sites to insure that used pesticide containers are properly rinsed ?
55 ) . Are triple rinsed containers punctured and stored properly ❑ !7 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 ❑ ❑ C14, 18
than 500 lbs . )
Integrated Pest Management:
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 ❑ ❑ 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?
6
V. NUTRIENTS : Yes No BAIPs
Education and Training:
61 ) . Are field operators or sub-contractors of fertilizer application ❑ Dl
equipment properly trained in the handling, loading, and calibration
of spreaders and other equipment?
62) . Is this training documented? ❑ ❑ D1
61 ) . In general are the recommendations of the University of Florida ' s ❑ ❑ MIA 3118
Institute of Food and Agricultural Sciences ( SP - 169) followed?
Pullutiun Premntion:
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 ❑ ❑ 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 load and unload fertilizer moved frequently? 0 ❑ D9 , 11
70) . . Are check valves used to prevent backflow when pumping surface ❑ ❑ . D10) 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 0 ❑ D137 16, 18
sensitive areas by using:
• controlled release fertilizers ❑ ❑ D13 , 18
• frequent low concentration fertigation events ❑ ❑ D13 , 18
• multiple applications ❑ ❑ D137 18
• variable rate technology? ❑ ❑ D137 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 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 ❑ D D2
production based on soil, water, and plant sample analyses ?
77) . Is there a program of annual soil , leaf tissue and irrigation water ❑ ❑ 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? ❑ ❑ D2 - 3
Equipment Afaintenance.
79) . Is the machinery designed to apply fertilizers properly calibrated, ❑ ❑ D4 - 5
maintained and operated, so that the desired rates are consistent
with the form and sources of nutrients?
Application Methods:
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 13
83 ) . Are a combination of liquid, dry, or foliar feeding used to maximize ❑ ❑ D2 , 13 , 15 , 18
plant uptake and minimize losses of nutrients ?
Storage and Handling:
84) . If equipment or bulk trailers containing fertilizers are parked ❑ ❑ D11 8 - 9, 11
overnight is adequate security provided ?
8
VI. AQUATIC PLANTS : Yes No BMPs
Structures.
85 ) . Are ditches maintained to prevent aquatic plants from clogging 0 0 E1 - 3
discharge structures?
86 ) . Are measures taken to prevent floating vegetation from clogging 0 0 E1
culvert riser structures?
87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes 0 E1
used to limit the movement of aquatic weeds and debris from canals
and ditches to off- site waterways ?
88 ) . Are fish barriers used to contain grass carp within targeted ditches ? 0 0 E2
Strategies.
89) . Are mechanical harvesters used to remove aquatic weeds from 0 0 E1
ditches or canals ?
90) . Are biological control agents such as flea beetles, hyacinth weevils, 0 0 E2
or grass carp used to manage aquatic weeds ?
91 ) . When selecting aquatic herbicides for target species is mode of 0 0 E3
action, residual toxicity, and potential for offsite movement considered ?
92) . Are appropriate measures taken to control drift and place the desired 0 0 E3
chemical on the weed to be eliminated whether it is submersed,
emergent or floating?
9
S
VII. CONCLUSION AND RESOLUTION :
Assessment conducted by (print name) :
Signature :
Grove representative (if different from above):
Signature :
Date :
Comments :
BN Ps (selected from the BNfPs 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 1130 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
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• 0 — •
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
r
= 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
i 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
J 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 utiliz tion of surface
and groundwater;
c ) To develop and regulate dams , impoundments , reservoirs an J other works to
promote water storage , for beneficial purposes ;
1 d ) To minimize degradation of water resources caused by tie 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 tc section 5 . 0 ) in
the IRCA , in order to achieve the goals and objectives described primarily in Section 2 . 0
( b ) , and to provide an overall water resource benefit to the Indian River Lagoon ( IRL )
and Upper St. Johns River ( USJR ) watersheds . Through the program , FDACS will
provide reimbursement for select agricultural practices that have potential water
conservation , sediment control , and water quality benefits . It is anticipated that this
program will provide area citrus growers with economic assistance that would facilitate
their voluntary implementation of BMPs that would not otherwise be economically
feasible .
4.0 Key Participating Agencies and Organizations
• Florida Department of Agriculture and Consumer Services ( FDACS )
• St . Johns River Water Management District ( SJRWMD )
• South Florida Water Management District ( SFWMD )
• 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
underground pipe and above ground lateral tubing and applied directly to the soil
above the plant' s root zone . Modifications to existing microi 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 mai tain 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 Facility and/or Equipment Washdown
Facili This practice provides for the construction of a permanent facility to
contain and recover spillage or rinsate from a fertilizer or pesticide mix and load
area or from an equipment washdown site. It is intended to prevent fertilizer or
pesticide contamination of ground or surface waters . The facili may include a
concrete containment pad , pesticide storage building , sump/pu p , rinsate tank ,
mixing tank , holding tank , and removable or permanent roof.
Portable Agrichemical Mixing Station A portable device used in the field to
prevent unintentional release of agrichemicals to the environment during mixing
and loading of agrichemicals . The portable device must neet 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 31lows nutrients
and pesticides to be applied in a precise manner relative to the target of
application . This includes sonic or optical sensors , devices that apply pesticides
in a pre-defined , regulated manner, and equipment that uses GI technology to
allow application based on a pre-defined map . Precision applic4o tion 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 nel 1 equipment or
retrofits to existing equipment that are needed to convert non- precision
spreader or sprayer into a precision spreader or sprayer.
Water Table Observation Well This practice facilitates observation of the water
table in a citrus grove and will help the manager to determine when groundwater
levels are optimal . This practice will also improve irrigation efficiency and
conserve water within the USJR and IRL watersheds by providing growers with
an empirical tool to more accurately determine irrigation scheduling needs .
7. 0 Individual Program Cost-Share Rates and Alternative Rates for Joint
Program Participation
7. 1 Cost-share funds are available through this program for each of the
practices listed in section 7 .2 below at the designated "program
reimbursement rate". The program reimbursement rate represents the
percentage of the total BMP cost to be paid through the program . Cost-
share
ostshare may also be available through the USDPrNRCS "Environmental
Quality Incentives Program" (EQIP ) , and participants are encouraged to
utilize both programs when possible to maximize the distribution of limited
program funds . Those who choose to utilize both programs will generally
be eligible to receive a higher overall rate of cost share through a
combination of the two programs . The maximum cost-share amount
available from this program is $50, 000 per agricultural operation
(individual or business) per fiscal year. Cost-share amounts in excess
of $50 , 000 are possible when cost-share is received from a combination
of programs as explained in section 7.3 below.
7. 2 Practice Title Maximum Program Cost-Share Rate
Aquatic Weed Barrier 75%
Chemigation Infrastructure 70%
Conversion / Repair of Flash Board Riser Water 75%
Control Structure
Conversion to Low Volume Irrigation System 75%
Grade Stabilization 75 %
On-Site Water Detention/Retention 70%
Permanent Agrichemical Mixing/Washdown Facility 60 %
Portable Agrichemical Mixing Station 60 %
Precision Application Equipment 60 %
Water Table Observation Well 75 %
7. 3 When EQIP funds are received to support a practice or grOL p of practices ,
the participant is also eligible to apply for program f nds . In this
situation , the program will pay up to one half of the grow is remaining
portion of the total project cost, not to exceed the $5 , 000 annual
maximum the IRCA WQQP Program allows. Distribution of program
funds is based on the most benefit for the lowest cost to receiving
water body , (refer to Section 3 , Paragraph 1 , above ) .
8. 0 Application Procedure
Step 1 : The applicant should schedule a pre-application meeting with staff of
the local delivery organization covering the County whe a the farm or
grove is located (see Section 12 entitled " Local Program Delivery
Organizations ") . It would be helpful to bring a receni 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 consultWith the local
NRCS office (or contractor of their choice) for the development of a
project plan to include the design , cost estimate , and an operation and
maintenance (O &M ) schedule . The project plan should then be
submitted to the appropriate local delivery organization identified in
Section 12 . 0 .
Step 4 : A cost share agreement (to be provided by the local delivery
organization ) will be signed by the applicant and executed by the local
delivery organization . Execution of the contract shall serve as
authorization to proceed with practice implementation in accordance
with the agreement .
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 ch practice .
Program staff will periodically conduct site visits to verify Mat 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 , emoved , or
destroyed before the end of the maintenance period see Section
10 . 0 , Maintenance Requirements ) .
9.0 Applicant Eligibility
To be eligible for funds under this program , grove owners must have all
applicable permits , pursuant to Chapter 40(X) -2 , F.A. C . (Consumptive Use
Permit) , Chapter 40 (X) 4 , F.A . C . (Environmental Resource Permit) , or Chapter
40(X) 44 , F.A. C . (Agricultural Surface Water Management Systems Permit) .
Grove "caretakers " (who do not own the land where BMPs are to be
implemented ) are also eligible for cost share if they meet the eligibility criteria of
the local delivery organization and file a notice of intent with the landowner' s
signature . Participation in this program is open to all eligible applicants without
regard to race, color, religion , national origin , age , sex, marital status , and mental
or physical handicap .
10 . 0 Maintenance Requirements
The following practices must be properly maintained and operated for the
number of years listed below .
Practice Practice Maintenance
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
IR-4 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) 329500
James (Jody) Lee ( Palatka) (386) 3294500
St. Johns River Water Management District :
Vince Singleton ( Palatka ) ( 386 ) 329 -4197
Victor McDaniel ( Orlando ) (407 ) 897 -4313
Troy Rice ( Palm Bay ) (321 ) 984-4938
12. 0 Local Program Delivery Agencies / Contacts for Each County
County Local Delivery Organization Contact Phone
Indian River Indian River SWCD James Karl (772) 770- 5005
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) 443-2689
USDA- NRCS David Millard ( 321 ) 633- 1702
Volusia/ Florida Association of Travis Davis (850 ) 23 -0355
Palm Beach RC & D Councils
i
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 0) 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 Stricture
❑ 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 mplement.
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED .
i
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 CITRUSAREA —
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 Form 1245): $
PORTION OF COST TO BE PAID BY PROGRAM : $
SIGNATURE OF PARTICIPANT DATE
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Application Evaluation Review Sheet
Applicant Name: Applicant #416; Premier Citrus
Address : i 1970 122 Ave , Vero Beach , FL 32966
Tract Number(s) : i Section 21
Field Number(s) All
Date : July 9, 20041
Vt. Review Summary :
Land Use/Fields Acres :
Micro4rrigated Citrus Grove 614
Best Management Practices Applied For:
Install 14 FBR H2o Control Structures.
i
Total BMP Costs: 76% Cost Share. Div By Total Eval Poirrts: = Applicant's Score: Applicant Cost:
$667588 ': $49 ,941 350 142.69 i $16 ,647
VII. Remarks:
V^ Designated rvationist:
L' 716160
{Signatu ) . Dat . (Checked By) Dater
T
IRSWqV Board Apoval Date f
:j -�20 -&'
(Applicant Signature) 4 Date
P rvacy Act Statement; The wing statements are made in accordance with the Privacy Act of 1974 (SU .S .C . 522a) .
The authorities for requesting the information to be applied on this form are: 16 U . S.C . 590a-f (Soil and Water Coff mrsation) ;
16U .S.C. 3801 et S". (Food Security Ado of 1985, as ammended), and the regulation prorfiuigated theruder. The i - orination
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 firvanc alassist-
. .. .-
ance under the previously mentioned authorities. Furnishing this information is voluntary; however, failure to fumist wrrect,
complete information will result in the withholding or withdrawal of such technical, educatlonal, or financial assistance. This
information may be fumished to other USDA agencies, the Internal Revenue Service, the Department of Justice, or the otter
State or Federal law enforcement agencies, or in response to orders of a court, magistrate, or administrative tribuna .
IRSWCD
Page 3 ( 10-26-01 )
�xf�i;t3 70� �3
Page _ of
OPERATIQN AND MAINTENANCE PLAN
STRUCTURE FOR WATER CONTROL
COOPERATOR _ �2 £� '—`2- >�2 vS DATE 4 L o 0
ADDRESS ! F '76 12, 2 14v& 46 A64CU.
PRACTICE LOCATION - SEC 2 f T .S R 3 71c, FIELD NO .
GENERAL
A properly operated and maintained structure for water control is an asset to your farm. This
structure was designed and installed to safely convey water at condition that will prevent erosion.
The estimated life span of this system is at least T years. The life of this ystem can be
assured and usually increased by developing and carrying out a good operatic n 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 devel 3p a good operation
and maintenance program .
GENERAL RECOMMENDATIONS
• All fences, railings, and/or warning signs shall be maintained to provide warning and/or
prevent unauthorized human or livestock entry,
• Maintain vigorous growth of desirable vegetative coverings. This includes reseeding,
fertilization, and controlled application of herbicides when necessary. Periodic mowing may
also be needed to control height.
• Remove any debris that may accumulate on or in the immediate area of the structure.
• Make sure that all structural drains are functional.
• Determine and eliminate causes of settlement or cracks in the earthen sections and repair
damage,
• Repair spalls , cracks and weathered areas in concrete surfaces.
• Repair or replace rusted or damaged metal and paint.
• Check all valves, gates and other appurtenances for proper functioning. If worn or damaged,
repair or replace following the manufacturer's recommendations.
• AP1088 vveVdn-wjLrz& u& dispfaced rocrc npra oMurmtracteftrade. C . c . AV
• Check all timber or lumber sections for decay and other damage, especial ) sections in
contact with earth or other materials . Repair damaged sections and apply protective
coatings as needed .
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EXHIBIT C
STANDARD TERMS FOR COST SHARE GRANT CONTRACT
1 . Termination : This Contract may be terminated by either
party in the event of a substantial failure by the other party to
perform in accordance with the terms of the Contract upon thirty
( 30 ) days prior written notice . In the event the County
terminates this Contract , the Recipient shall return all . funds not
used as of the date of termination to the County within ten ( 10 )
calendar days .
2 . Notices : Any notice , request , demand , consent , approval
or other communication required or permitted by this Contract
shall be given or made in writing and shall be served , as elected
by the party giving such notice , by any of the following methods :
( 1 ) Hand delivery to the other party ; ( 2 ) Delivery by commercial
overnight courier service ; or ( 3 ) Mailed by registered or certified
mail ( postage prepaid ) , return receipt requested at the addresses
of the parties shown below .
County :
Indian River Soil & Water Conservation Di trict
James Karl
1028 - 20th Place , Suite A
Vero Beach , FL 32960
Recipient :
Premier Citrus , LLC
Attn : Henry Hooker
1970 122nd Avenue
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
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 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 c nsidered in
any construction or interpretation of this Contract or any of its
provisions . Unless the context indicates otherwi e , 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