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HomeMy WebLinkAbout2006-278 F/Y 2006/2007 Indian River County: FDACS Cost-Share Contract #010527 /r�� �1 APPLICANT SCORE SUMMARY aoo � - APP. # Priority # BMP Applied For: Number Total Program CONTRACT APPLICANT CUMULATIVE Cost Cost- COST @ % SCORE CONTRACT Share OF BID COST Rate FUNDING Contract Admin . $ 31750 $ 3,750 604 2 Flash board riser structure 75% $ withdrew $ 3,750 601 2 Flash board riser structure $ 61 , 700 75% $ 46,275 205.67 $ 50,025 605 2 Flash board riser structure $ 9,072 75% $ 61804 272. 17 $ 56, 829 605A 2 Flash board riser structure $ 19, 038 75% $ 14,279 285. 57 $ 71 , 108 606C 2 Flash board riser structure $ 75% $ 301 . 82 $ 71 , 108 6068 2 Flash board riser structure $ 5, 189 75% $ 3,892 313. 83 $ 75,000 605B 2 Flash board riser structure $ 35,689 75% $ 26,767 356.89 $ 101 , 766 606A 2 Flash board riser structure $ 29,062 75% $ 21 , 797 435.92 $ 123, 563 603 3 Precision Application $ 23,455 60% $ 14,073 19. 99 $ 137 ,636 02 6 10 Conversion to Micro-irrigation 60% 375 $ 167,636 Total: 1 $ 226,9551 $ 163,8861 1 $ 163,886 Applicant #606C declined partial funding. Applicant #606B accepted the partial funding . * Note* This summary is for the Florida Department of Agriculture and Consumer Services cost share contract for the 2006/2007 amount available this year is $75,000. �n Approved by the Indian River Board of County Commissione `` �L'S Chairman 08 / 22 / 06 Date Arthur R erger• •z , 6 2006-7 FDACS Summary for BCC approval LL . aaa6 - a7V COST SHARE GRANT CONTRACT This Cost Share Grant Contract ("Contract") entered into as of . .5 . .9 00(, 2006 by and between Indian River County, a political subdivision of the State of Florida, ("County") and Robert J. Lindsey having an address of 7300 4`s 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 FDACS 010527 ("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; (ii) the Grant pays for only that portion of the cost of the BMP that is set forth on Exhibit B as the "Cost Share"; (iii) the Recipient is solely responsible for the portion of the cost of the BMP that is set forth on Exhibit B as the "Applicant Cost"; (iv) certain obligations of the County under the Cost Share Agreement will be performed by the Recipient and the County, respectively; 1 (v) the Recipient shall implement, establish, and complete the BMP by October 10, 2006 ; (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 from the Recipient to the Department on a pro-rata basis for any Grant funding received for a BMP that is improperly maintained, removed, or destroyed before the end of the maintenance period set forth on Exhibit B; (viii) the Recipient will control the land upon which the BMP is to be implemented for the time period set forth in Exhibit B and shall, upon request, provide evidence to the County demonstrating that such Recipient or the landowner, where applicable, will control the land for that period; (ix) the Grant funds shall not be used to lobby the Florida Legislature, the judicial branch, or an agency of the State of Florida; (x) the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the completion of this Contract, and the County shall have access to books, records, and documents of the Recipient in connection with the Grant funds for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice; (xi) the Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations in connection with the BMP; (XU'*) the Recipient must have all applicable permits, including, but not limited to, a County Right of Way Permit, and a Consumptive Use Permit, an Environmental Resource Permit, or an Agricultural Surface Water Management Systems Permit pursuant to applicable provisions of the Florida Administrative Code to be eligible for the Grant; (xiii) the Recipient has not been placed on the State of Florida convicted vendor list kept by the Florida Department of Management Services pursuant to Florida Statutes section 287. 133; and (xiv) the employment by the Recipient of unauthorized aliens is a violation of Section 274A(e) of the Immigration and Nationalization Act, and if the Recipient knowingly employs unauthorized aliens, 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. 2 1 a , IN WITNESS WHEREOF, the County and the Recipient have executed this Agreement as of the date first written above. ^ I RECIPIENT: Un INDIAN RIVERCOU BOARD OF C�OI'INTY COIy1IvIISSIONERS Signature: ` ByAA Title: Y1 Arthur R. Neubert, irmart" i Approved'by'BsC : '^ • rAugttst '22 , 2006 Attest: J. K. Barton, Clerk of Circuit Court By: i✓ w J `� Deputy Clerk Approved: djah J eph A. Baird, ounty Administrator Appr ved as to form a ufficienc ti arian E. Fell Assistant County Attorney Indian River Co. Ap2roved Date Administrator Legal Budget Risk Manager Department 3 Ed ?� � C W 22i - 1 / 1P44 X4 : 60 56156 ?45 ' c VERO =—FOH F0 PAGE 0 � " J Florida Department of Agriculttue & Consumer ScrvifTA C S C O N r P A C T # CHARLES Ho BRONSON, Commissioner 010527 w PIN= Rapoea to: Office of AgnoWtural Watu Policy 1203 Goveraota Square Houlm d Suite 200 T Abla +, F2 32301 April 13, 2006 Mr. Ted Maur, District Conservation Coordinator Indian River Board of County Corntnissioners Suite A 1028 2e Place Vero Beack Florida 34240 RE: Amendment # 1 of MACS Contract #10527 Dear Mr, Maul This letter, upon execution by both parties and attaclunent to the original contract shall serve to amend said contract . The contract shall be amended to extend the contract period for an additional six (6) months. Page 1, Paragrapb 2 of the contract which now reads : CONTRACT PERIOD: This agreement shall be in effect from the date of execution to .June 30, 2006 . Shall be amended to read as follows : CONTRACT PERIOD This agreement shall be in effect tram the date of execution to December 31 , 2006 NO OTHER PROVISIONS O THIS CONTRACT ED OTHE WISE ALTERED BY THIS AMENDMENT. 60% Chairman NEke Gresham, Director of Administration Indian River Board of County Department of Agriculture Commissioners and Consumer Services (Date) ate) FDIAICS M11TRAC Florida Department of Agriculture O 10527 " and Consumer Services Division of Administration CHARLES H. BRONSON CONINUSSIONER CONTRACTUAL SERVICES AGREEMENT This AGREEMENT , made and entered into this 3rd day of January 2006 , by and between the DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES , State of Florida , and the INDIAN RIVER BOARD OF COUNTY COMMISSIONERS , the CONTRACTOR . CONTRACT PERIOD : This agreement shall be in effect from the date of execution to June 30 , 2006 . The Contractor agrees to provide all services as stipulated in the attached Scope of Services . The Department of Agriculture and Consumer Services agrees to provide the Contractor remuneration for services rendered pursuant to the terms and conditions stipulated in the attached Scope of Services in an amount not to exceed $ 75 , 000 including five percent ( $ 3 , 750 ) for administrative cost to be dispersed to the Indian River Soil and Water Conservation District . 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 ( $ 18 , 750 ) upon contract execution with the balance to paid on a cost reimbursement basis upon receipt of invoices ana appropriate supporting documentation as specified . in . Attachment A . 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 to the Department of Agriculture and Consumer Services , Bill Bartnick , Environmental Administrator , Office of Agricultural Water Policy , Florida Department of Agriculture and Consumer Services , 1203 Governor ' s i Square Blvd . , 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 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 Chief Financial Officer 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 Financial Services . 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 ) 413 - 7269 or by calling the Department of Financial Services ' Hotline , 1 - 850 - 410 - 9724 , 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 thirty ( 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 I� Florida Statutes . 0 • 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 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 three ( 3 ) years , or for a period no longer than the term of the original contract , whichever period is longer . Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract . Renewals shall be contingent upon satisfactory performance evaluations by the Agency . Renewal costs may not be charged by the Contractor . 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 Statutes . B . Subject to the approval of the State Chief Financial Officer ( Department of Financial Services ) . It is mutually understood and agreed that if this contract disburses grants and aids appropriations , it is : Subject to the requirements of Section 216 . 347 , Florida Statutes , a state agency , a water management district , or the judicial branch may not authorize or make any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the 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 C. 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 . Nonstate entity means a local governmental entity , nonprofit organization , or for -profit organization that receives state resources . Recipient means a Nonstate 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 $ 500 , 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 Chief Financial Officer , 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 Chief Financial Officer , 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 . 4 F . Each state awarding agency shall : E' ( 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 Chief Financial Officer , and the Auditor General access to the Recipient ' s records and the Recipient ' s independent auditor ' s working papers as necessary for complying with the requirements of Section 215 . 97 , F . S . The Recipient is required to retain sufficient records demonstrating its compliance with the termsof 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 . 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 , the Auditor General , or any other state official . ( 4 ) Be provided by Recipient one copy of each financial reporting package prepared in accordance with the requirements of Section 215 . 97 , F . S . The financial reporting package means the nonstate entities ' financial statements , Schedule of State Financial Assistance , auditor ' s reports , management 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 General to be necessary and consistent with the purposes of Section 215 . 97 , F . S . Copies of the financial reporting package required by this agreement shall be submitted by or on behalf of the Recipient directly to each of the following : 5 ( a ) The Department of Agriculture and Consumer Services Division of Administration 509 Mayo Building 407 South Calhoun Street Tallahassee , Florida 32399 - 0800 ( 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 that are the subject of , or required to carry out , this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413 , Florida Statutes , in the same manner and under the same procedures set forth in Section 413 . 036 ( 1 ) and ( 2 ) , Florida Statutes ; and for 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 the state agency insofar as dealings with such qualified nonprofit agency are concerned . Available products , pricing and delivery information may be obtained by contacting : RESPECT of Florida , 2475 Apalachee Parkway , Suite 205 , Tallahassee , Florida 32301 - 4946 , -telephone number ( 850 ) 487 - 1471 and fax number ( 850 ) 942 - 7832 . 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 `h Street , North , St . Petersburg , Florida 33727 , telephone number ( 727 ) 572 - 1987 . 6 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 employment of unauthorized aliens by any Contractor is considered a violation of Section 274A ( e ) of the Immigration and Nationality Act . If the Contractor knowingly employs unauthorized aliens , such violation shall be cause for unilateral cancellation of the 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 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 amendments and addenda , and in the event that there are contradictory or conflicting clauses or requirements in these documents , the provisions of the� document ( s ) prepared 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 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 7 substitute for that clause or requirement and be binding on all parties to this contract . The Contract Manager for the Department is Carol Johnson , Environmental Specialist II , and is located at P . O . Box 26 , Howey in the Hills , Florida 34737 , telephone number ( 352 ) 324 - 3271 . The Contract Manager for the Contractor is Ted Maul , District Conservation Coordinator and is located at 1028 20th Place , Suite A , Vero Beach , Florida 32960 - 5360 , telephone number ( 772 .) 770 - 5005 . Signed by parties to this agreement : jDEPARM2r&WT OF AG CUL AND CONTRACTOR : UMER VIc S c V , � MIKE GRESHAM , DIRECTOR AAA DIVISION OF ADMINISTRATION C I r INDIAN RIVER BOARD OF COUNTY COMMISSIONERS January 3 , 2006 DATE DATE 59 - 6000674 Contractor ' s Social Security or FEID Number APPROVED: DACS -01085 Cow t�d rotor 01 / 05 RIVED 7 AS TO FORM SUF ARIA E FFLL 5137;gNj �Umrjf a NEY 8 GRANT ATTACHMENT "A" SCOPE OF SERVICES 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 Johns River ( USJR ) . Segments of these water bodies that do not meet applicable water quality standards have been identified as " impaired " in accordance with Section 303 ( d ) of the Federal Clean Water Act ( FCWA ) . In an effort to educate the area citrus growers about the water quality problems occurring in the IRL and USJR watersheds and to provide them with the tools necessary to ensure that their operations do not contribute to these problems , the Indian River Citrus League working cooperatively with individual growers , the University of Florida , Institute of Food & Agricuitural Sciences ( UF / IFAS ) , Florida Department of Agriculture and Consumer Services ( FDACS ) , state and regional regulatory agencies produced the document entitled , " Water Quality Quantity Best Management Practices for Indian River Area Citrus Groves " , PROJECT OBJECTIVES : This project will provide Indian River County citrus growers with technical support in the identification of BMPs and financial support for their implementation . Staff from the Indian River Soil and Water Conservation District ( IRSWCD ) and / or the USDA Natural Resources Conservation Service ( NRCS ) will meet with prospective cost share candidates to assess their needs with respect to the program objectives . The Contractor or their designated representative will assist each applicant in conducting a " self assessment " for each grove that is included in the application . This assessment will utilize the Citrus Grower Best Management Practices Checklist which is incorporated in the aforementioned BMP manual . Once the appropriate practices have been identified for each grove , the Contractor or their designated representative will identify those practices that are eligible for cost share in the Applicants Handbook titled Indian River Area Water Quality, Quantity Protection Program ( Attachment A ) While participation in this program is not contingent upon participation in any Conservation Program administered by the 9 USDA , enrollment in one or more of these programs will provide the applicant with bonus points in the project ranking procedure . For those growers that choose to participate in a USDA Conservation Program , a Conservation Plan will .be developed 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 . Growers who choose to participate in this. program must submit an application to the Contractor or their designated representative . The Contractor or their designated representative will then assist each applicant in conducting a " self assessment " for each grove that is included in the cost share application . Once the appropriate practices have been identified for each grove , the Contractor or their designated representative will identify those practices that are eligible for cost share as delineated . in the Applicant ' s Handbook . The Applicant ' s Handbook 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 . The Contractor or their designated representative will present a list of qualifying , ranked projects to the Indian River Board of County Commissioners ( Board ) for their approval . Once approved by the Board , the grower will receive 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 Contractor or their designated representative . Routine consultation with NRCS / IRSWCD staff throughout the installation process is recommended . Once installation is complete , ' the grower shall provide the Contractor or their designated representative with all of the appropriate documentation . The Contractor or their designated representative will then submit all of the documentation to the Board for authorization of reimbursement to the . grower . The Contractor or their designated representative shall 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 each grower to date , a summary of the amount of program funds used as nonfederal match , the amount of federal matching funds applied to this program through USDA conservation programs , and all of the invoices supporting the distribution funds . of program 10 PROGRAM FUNDING CRITERIA : Project funds for each year will be distributed to applicants based upon their scores and ranking ( POINTS RECEIVED FROM THE HIGHEST TO LOWEST ) derived from the application of the Environmental Benefits Index below . Environmental Benefit Index BMPPOINTS 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 . Chemigatian 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 11 . Bonus points for Conservation Plan Development / completion or pArticipation in an NRCS Conservation Program 5 . PROGRAM REQUIREMENTS : To be eligible to receive cost - share payments , the property owner must: 1 ) Have completed , with the assistance of the Contractor or li Contractor ' s designated representative , a " self assessment " for each grove that is included in the cost share application . This assessment ,will utilize the Grower Best Management Practices Checklist ; 2 ) Have completed cost share application ; 3 ) Have provided preliminary designs prepared by one or mare of the following : a private contractor , the NRCS , or the IRSWCD . In addition , implementation cost estimates must be submitted With the designs to the Contractor or their designated representative ; 4 ) Have provided copies of applicable paid receipts ; and , 5 ) Have agreed to follow a Department approved Operation and Maintenance Plan for the life span of the practices . This plan will describe the procedures necessary to properly operate and maintain each BMP . CONTRACTOR RESPONSIBILITIES : 1. Administer funding dispersements as provided by FDACS through this 'program at the cost - share rate , delineated in the Applicant ' s Handbook (Attachment A ) for each eligible practice . This rate may change only ' if directed and approved in writing . There shall be a $ 50 , 000 maximum in program funds available per applicant per year . 2 . Establish a . single -Purpose checking account or other FDACS approved process that provides canceled checks as proof of payment . 3 . Approve Cost share payments based on confirmation of practice implementation using the Verification of BMP Implementation Form (Attachment C ) . 4 . Issue payment based on a first come , first serve basis only to qualified landowners that have supplied applicable paid invoices , receipt and a Best Management Practice Certification and Request for cost - share Payment Form and Verification of BMP Implementation Form ( Attachment C ) . 12 6 . Maintain a cost share disbursement tracking and accounting database based on contract numbers , property owners ' tax I . D . numbers in order to effectively monitor funding 'status . 7 . Maintain files of the Best Management Practice Certification and Request for cost - share Payment Form and invoices , and canceled checks for each property owner . 8 . Submit invoices in accordance with the contract to the FDACS . Invoices shall reference the contract number , and shall be submitted in duplicate . 10 . Invoices shall be submitted with a detailed summary of expenditures , including but not limited to ; property owner , amount disbursed and date of payment . 11 . Provide a copy of the Best Management Practice Certification and Request for cost - share Payment Form , Verification of BMP Implementation Form , invoices , and canceled checks to the FDACS for each property addressed in each submitted invoice . 12 . 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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 CADocuments and Setdngs\brendad\My Documents\FDACS BMP 2006Mater Quality Quantity Applicant's 2 Handbook Rev Aug 06.doc 1 .0 Introduction This handbook provides guidance to applicants (grove owners and grove caretakers) who wish to obtain funding under the Indian River Citrus Area (IRCA) Water Quality/Quantity Protection Program (WQQPP). It contains the necessary information to understand the program and the application form Specific application procedures to be followed will vary depending on the sub- region where the land 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 and other works to promote water storage, for beneficial purposes; d) To minimize degradation of water resources caused by the discharge of storm water; e) , To preserve natural resources, fish and wildlife; and, f) To restore impaired water bodies pursuant to the state's Total Maximum Daily Loads program 3.0 Purpose of the Program This program has been established to promote agricultural BMPs (refer to Section 5 .0) in the IRCA, in order to achieve the goals and objectives described primarily in Section 2.0 (b), and to provide an overall water resource benefit to the Indian River Lagoon (IRL) and Upper St. Johns River (USJR) watersheds. Through the program, FDACS will provide reimbursement for select agricultural practices that have potential water conservation, sediment control, and water quality benefits. It is anticipated that this program will provide area citrus growers with economic assistance that would facilitate their voluntary implementation of BMPs that would not otherwise be economically feasible. C:Oocuments and SettingstrendadWy DocumentstFDACS BMP 2006\Water Quality Quantity Applicant's 3 Handbook Rev Aug 06.doc 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 (MRCS) • 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 • On-site Water Detention/Retention • Conversion / Repair of Flash Board Riser Water Control Structure • Precision Application Equipment • Portable Agrichemical Mixing Station • Chemigation Infrastructure • Aquatic Weed Barrier • Permanent Agrichemical Washdown Station • Water Table Observation Well • Grade Stabilization Structure • Conversion to Microirrigation 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. CADocuments and Settings\brendadWy Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 4 Handbook Rev Aug 06.doc 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 microirrigation systems that can be expected to increase system efficiency and reduce offsite movement of nutrients, pesticides, and sediment are also eligible. Grade Stabilization This practice includes the use of structures, pipe, concrete, rock, vegetation, synthetic fabrics, and other materials to maintain the stability and integrity of soils in ditches, swales, water furrows, and other erosion prone areas. This practice also includes equipment for chemical mowing of ditch banks to promote the proliferation of grasses through the exclusion of higher growing weeds and brush. On-Site Water Detention/Retention This practice will provide for the attenuation of both the rate and volume of off-site water and ' sediment discharge following heavy storm events. The water may be stored for future use or released off-site later at reduced discharge rates. Permanent Agrichemical MixinWRinsing Facility and/or Equipment Washdown Facilit This practice provides for the construction of a permanent facility to contain and recover spillage or rinsate from a fertilizer or pesticide mix and load area or from an equipment washdown site. It is intended to prevent fertilizer or pesticide contamination of ground or surface waters. The facility may include a concrete containment pad, pesticide storage building, sump/pump, rinsate tank, mixing tank, holding tank, and removable or permanent roof. Portable Agrichemical Mixing Station A portable device used in the field to prevent unintentional release of agrichemicals to the environment during mixing and loading of agrichemicals. The portable device must meet published standards and specifications (USDA-NRCS Field Office Technical Guide — Interim Standard, Code 703). The device can be used at more than one citrus grove. Precision Application Equipment Specialized equipment that allows nutrients and pesticides to be applied in a precise manner relative to the target of application. This includes sonic or optical sensors, devices that apply pesticides in a pre-defined, regulated manner, and equipment that uses GIS technology to allow application based on a pre-defined map. Precision application equipment often varies the rate of application, materials used, and location of application to achieve precise placement of the materials. Through this program, the department intends to cost share the precision elements of new equipment or retrofits to existing equipment that are needed to convert a non-precision spreader or sprayer into a precision spreader or sprayer. CADocuments and SettingMbrendadWy Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 5 Handbook Rev Aug 06.doc 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 may also be available through the USDA-NRCS "Environmental Quality Incentives Program" (EQIP), and participants are encouraged to utilize both programs when possible to maximize the distribution of limited program funds. Those who choose to utilize both programs will generally be eligible to receive a higher overall rate of cost-share through a combination of the two programs. The maximum cost-share amount available from this program is $50,000 per agricultural operation (individual or business) per fiscal year. Cost-share amounts in excess of $50,000 are possible when cost-share is received from a combination of programs as explained in Section 7.3 below. 7.2 Practice Title Maximum Proeram Cost-Share Rate On-Site Water Retention / Detention 70% Conversion or Repair of Flashboard Riser Water Control Structure 75% Precision Application Equipment 60% Portable Agrichemical Mixing Station 60% Chemigation Infrastructure 70% Aquatic Weed Barrier 70% Permanent Agrichemical Washdown Station 60% Water Table Observation Well 75% Grade Stabilization 75% Conversion to Low Volume Irrigation System 75% 7.3 When EQIP funds are received to support a practice or group of practices, the participant is also eligible to apply for program funds. In this situation, the program will pay up to one half of the grower's remaining portion of the total project cost, not to exceed the $50,000 annual maximum the IRCA WQQP Program allows. Distribution of program funds is based on the most benefit for the lowest cost to receiving water body, (refer to Section 3 , Paragraph 1 , above). C:1Documents and SettingslbrendadWy DocumentsTOACS BMP 20061Water QualityQuantity Applicant's 6 Handbook Rev Aug 06 .doc 8.0 Application Procedure Step 1 : The applicant should schedule a pre-application meeting with staff of the local delivery organization covering the County where the farm or grove is located (see Section 12 entitled "Local Program Delivery Agencies"). It would be helpful to bring a recent aerial photo showing the proposed project area, grove block orientation, and layout of the grove infrastructure (e. g., beds, ditching, pump location, etc.). Your local Property Appraiser ' s office can provide you with the needed aerial photos. Step 2 : Complete the enclosed "Application For Cost Share" (Appendix A, Form 1 ) and submit the application to the appropriate local delivery organization as identified in Section 12. 0 below. Step 3 : If the request is approved, the applicant should consult with the local SWCD/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 6: The participant will submit a "Request for Cost Share Payment" (Appendix B, Form 2), (including copies of all applicable receipts for work completed) to the appropriate local delivery organization. Step 7: The applicant will follow the O&M schedule provided for each practice. Program staff will periodically conduct site visits to verify that the O&M schedule is being followed. Program participants will be required to reimburse the state on a pro-rated basis for cost-share funding received for any practice that is improperly maintained, removed, or destroyed before the end of the maintenance period (see Section 10. 0, Maintenance Requirements). CADocuments and SettingstbrendadWy DocumentstFDACS BMP 2006\Water Quality Quantity Applicant's 7 Handbook Rev Aug 06.doc 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 Maintenance I.D. 9 Practice 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 Grade Stabilization 5 Years IR- 5 On-site Water Detention/Retention 10 Years IR- 6 Perm Agrichemical Mixing/Washdown Facility 10 Years IR- 7 Portable Agrichemical Mixing Station 5 Years IR- 8 Precision Application Equipment 5 Years IR- 9 Conversion to Microirrigation 10 Years IR- 10 Water Table Observation Well 1 Year 11 .0 Primary Administrative Agencies / Contacts Phone Number Florida Department of Agriculture and Consumer Services : (Tallahassee) (850) 488-6249 Carol Johnson (Palatka) (386) 329-4500 James (Jody) Lee (Palatka) (386) 329-4500 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 CADocuments and Settings\brendadSMy Documents\FDACS BMP 2006\Water Quality Quantity Applicant's 8 Handbook Rev Aug 06 .doc 12.0 Local Program Delivery Agencies / Contacts for Each County Countv Local Delivery Organization Contact Phone Indian River Indian River SWCD Brenda Davis (772) 770-5005 USDA / NRCS Kay Nickel (772) 461 -4546 Martin/St. Lucie/ Treasure Coast RC&D Donna Smith (772) 467-9779 Okeechobee Brevard East Central Florida RC&D Laura Morton (941 ) 723 -3252 USDA / NRCS David Millard (321 ) 633- 1702 Volusia / Florida Association of Travis Davis (850) 623-0030 Palm Beach RC&D Councils Cmocuments and SettingstrendadWy DocumentslFDACS BMP 2006\Water QualityQuantdyApplicant's 9 Handbook Rev Aug 06.doc APPENDIX A Applicant # 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. ❑ On-Site Water Retention / Detention ❑ Conversion or Repair of Flashboard Riser Water Control Structure ❑ Precision Application Equipment ❑ Portable Agrichemical Mixing Station ❑ Chemigation Infrastructure ❑ Aquatic Weed Barrier ❑ Permanent Agrichemical ashdown Station ❑ Water Table Observation Well ❑ Grade Stabilization Structure ❑ Conversion to Microirrigation Application must include a completed copy of the Notice of Intent to Implement. INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. C:1Documents and SettingstrendadWy Documents%FDACS BMP 20061Water Quality Quantity Applicants 10 Handbook Rev Aug 06.doc APPENDIX B Form 2 : REQUEST FOR COST SHARE PAYMENT THE PARTICIPANT LISTED BELOW ATTESTS THAT THE IDENTIFIED BMPS HAVE BEEN IMPLEMENTED IN ACCORDANCE WITH APPLICABLE STANDARDS AND THAT THESE PRACTICES WILL BE MAINTAINED FOR THE IDENTIFIED MAINTENANCE PERIOD PURSUANT TO THE "INDIAN RIVER CITRUS AREA — WATER QUALITY/QUANTITY PROTECTION PROGRAM." THE PARTICIPANT FURTHER ATTESTS THAT THE LEVEL OF COST SHARE REQUESTED IS BASED ON ACTUAL COSTS AND IS CONSISTENT WITH THE COST 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 PAID INVOICES, and COPIES OF CANCELLED CHECKS): $ PORTION OF COST SHARE PAID BY GROWER: $ PORTION OF COST PAID BY USDA-EQIP (Include copy ofFonn 1245): $ PORTION OF COST TO BE PAID BY PROGRAM: $ SIGNATURE OF PARTICIPANT DATE C:1Documents and SettingstbrendadWy DocumentsTDACS BMP 20061Water Quality Quantity Applicants Handbook Rev Aug 06.doc t 1 ,uy it It It Litt t e,. . kill i� x gbe � e tit, V Y 411 rr t z r � a it. IkP .w q d ' IL rL g a ,1 m qtwry ® " • a , n., � 1LL, S -i it It to lti ry S ( -fiY rj^1 1 x n sl i. r L x n est. - - ' y # + s E � P� � C W 'Exhibit B' Application Evaluation Review Sheet Applicant Name: iRobert Lindsey Address: Address: 7300 4th Street, Vero Beach , FL 32966 Tract Number(s): I Hunt3&Ames2W and Ames 3NE Field Number(s) : Date: July 6 , 2006 VI. Review Summary: Land Use/Field : Acres: Micro-Irrigated Citrus Grove Best Management Practices Applied For: Install 2 FBR H2o Control Structure. 160 Total BMP Costs: 75% Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost: $ 19, 038 $ 14, 278 50 285. 57 $4, 759 VII. Remarks : VIII . Designated Conservationist: V-6-66 i Signature) j Date: (Ch c d By) Date: ll © & I CD pproval Date _5 -off (AppMcapf S' nature) 7 Date Pri acy Act to ment: The following statements are made in accordance with the Privacy Act of 1974 (5U.S.C. 522a). The authorities r requesting the information to be applied on this form are: 16 U.S.C. 590a-f (Soil and Water Conversation); 16U .S.C. 380 et seq. (Food Security Acto of 1985, as ammended), and the regulation promulgated theruder. The information requested is necessary for the evaluation of an application, development and implementation of a conservation plan as the basis for satisfying program eligibility and compliance requirements, and for providing technical education, or financial assist- ance under the previously mentioned authorities. Furnishing this information is voluntary; however, failure to furnish correct, complete information will result in the withholding or withdrawal of such technical, educational, or financial assistance. This information may be 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 Exhibit B OPERATION AND MAINTENANCE PLAN STRUCTURE FOR WATER CONTROL COOPERATOR: _Lindsey Citrus Management _ DATE : 08/25/2006 ADDRESS: _7300 4" Street, Vero Beach, FL 32966 PRACTICE LOCATION: SECTION 26 TOWNSHIP 338 RANGE 37E FIELD NO. -I - 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 5 years. The life of this system can be assured and usually increased by developing and carrying out a good operation and maintenance program. This practice will require you to perform periodic 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. 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. • Replace weathered or displaced rock riprap to constructed grade. • Check all timber or lumber sections for decay and other damage, especially sections in contact with earth or other materials. Repair damaged sections and apply protective coatings as needed. 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 2 May 1997 EXHIBIT C STANDARD TERMS FOR COST SHARE GRANT CONTRACT 1 . Termination: This Contract may be terminated by either party in the event of a substantial failure by the other party to perform in accordance with the terms of the Contract upon thirty (30) days prior written notice. In the event the County terminates this Contract, the Recipient shall return all funds not used as of the date of termination to the County within ten ( 10) calendar days. 2. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: ( 1 )Hand delivery to the other party; (2)Delivery by commercial overnight courier service; or (3)Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Indian River Soil & Water Conservation District Brenda Davis 1028 — 20`x' Place, Suite A Vero Beach, FL 32960 Recipient: Lindsey Citrus Management Attn: Robert Lindsey 7300 4"' 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 justifiable in federal court. 5 . Entirety of Agreement : This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this 1 Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 6. Severability: If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Contract, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 7. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 2