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Contract #SG469AA
Amendment # 1
FIRST AMENDMENT TO THE AGREEMENT BETWEEN Oct
THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
AND INDIAN RIVER COUNTY
FOR INDIAN RIVER CITRUS BEST MANAGEMENT PRACTICES
THIS AMENDMENT is entered into this 21 st day of September , 20041 by and between
the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT ( "the
District"), whose mailing address is 4049 Reid Street, Palatka , Florida 32177 , and INDIAN RIVER
COUNTY ( "County"), whose address is 1028 20th Place , Suite A, Vero Beach, Florida 32960 .
WHEREAS , the District and County entered into Agreement SG469AA on September 29 , 2003 , to
provide cost-share funding for water quality best management practices (BMP) improvements in Indian River
area citrus groves ; and
WHEREAS , the District and County desire to modify the Agreement.
NOW ; THEREFORE, in consideration of the mutual covenants contained herein and for other good
and valuable consideration , the District and County hereby agree to the following amendments :
1 . ARTICLE VIII - COMPENSATION: Paragraph A shall be deleted and replaced with the
following :
"A. Amount of Funding : For satisfactory performance of the Work outlined in the Contract for
EXHIBIT "A- 1 " , Revised Statement of Work (attached hereto) , the District agrees to pay
County an additional sum not to exceed $ 19 ,410, increasing the original Contract amount of
$40,000 to a total not to exceed amount of $59 ,410. "
The District and County agree that all other terms and conditions of the original Agreement are
hereby ratified and continue in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment on the date set
forth above .
ST . JOHNS RIVER WATER INDIAN RIVER COUNTY
MANA EMENT DISTRICT
By . By :
Kirby B . GreenRf, Ex`ecu4ve Director Caroline D . Ginn, Chairman
Typed Name and Title
APPROVED BY THE OFFICE e oved : 9-21 -
OF GENERAL COUNSEL
AtteS : � ,Ce-ce .. �
� .
Jeffrey K. Barton, Clerk of Circuit Court
Stanley J . Niego, Sr. /kssist4nt Ge eral 8unsel ' Typed Name and Title
Approve as to Form and Sufficiency
Indian River Co . App vedjDtAdministrationLe sas et Illiam Collins, tulty ttorney
g Department Page 5
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Contract #SG469AA
Amendment # 1
EXHIBIT "A- 1"
REVISED STATEMENT OF WORK
Principal Investigators :
James Karl, Conservation District Coordinator, Indian River Soil and Water Conservation District, 1028
20'bPlace, Suite A. Vero Beach, FL 32960
Cooperating Agencies :
• United States Department of Agriculture (USDA)-Natural Resources Conservation Service, 1028 20'h
Place, Suite A, Vero Beach, FL 32960
• Indian River Soil and Water Conservation District (IRSWCD), 1028 20'hPlace , Suite A , Vero Beach,
FL 32960
• University of Florida (UF) Institute of Food and Agricultural Sciences (IFAS) / Indian River County
Cooperative Extension Service , 1028 20"' Place , Suite D, Vero Beach, FL 32960
Fiscal Agent :
• Board of County Commissioners , Indian River County , 1840 25 "' Street, Vero Beach , FL 32960
I. INTRODUCTION/BACKGROUND :
Best management practices (BMP) are those on-farm operational procedures that are designed to achieve
greatest agronomic efficiency in food and fiber production , while limiting the offsite effects
of
agricultural operations and simultaneously maintaining an economically viable farming operation for the
grower. The University of Florida (UF) , Florida Department of Agriculture and Consumer Services
(FDACS ) , in concert with numerous agencies and growers , worked together to compile and adopt a
"living" document entitled "Water Quality/Quantity BMP' s for Indian River Area Citrus Groves" . The
major categories of emphasis in this manual are : Water Volume, Sediment Transport, Nutrients ,
Pesticides/Metals , and Aquatic Plants .
The BMP document was created in an effort to educate the growers about the water quality problems
occurring in the Indian River Lagoon (IRI.) Estuary .
Total maximum daily pollutant loads will be established and implemented on a prioritized schedule for
each water body . This is the maximum amount of a pollutant a water body can receive and still meet
water quality standards as defined by the Federal Clean Water Act (FCWA) . Under the Florida
Watershed Restoration Act, agricultural farmers are challenged to initialize and continue implementation
of BMP' s while the watershed is being monitored and evaluated.
Water quality monitoring trends by the St. Johns River Water Management District (the District) show an
increasing north to south gradient of Total Phosphorus (TP) concentrations and loading which are two to
three times higher in Indian River County (IRC) compared to areas in Volusia and Northern Brevard
Counties . Chlorophyll a levels are also highest in the IRC segments . Total suspended solids and color
also exhibit an increasing north to south gradient.
II. OBJECTIVES :
1 . To increase the knowledge pertaining to citrus BMP' s and water quality issues .
2 . To increase water quality in the Indian River Lagoon (IRL) watershed .
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Contract #SG469AA
Amendment # 1
3 . To increase the acreage of citrus BMP implementation .
4 . To reduce pollutant loads to the M .
III. SCOPE OF WORK :
1 . In an effort to reach IRC citrus growers in a timely manner, the opportunity for cost-sharing the
implementation of BMP ' s will be advertised through a variety of methods (newsletters, web sites ,
newspaper articles , phone calls , etc . ) .
2. The Indian River Soil and Water Control District (IRSWCD) , United States Department of
Agriculture (USDA) Natural Resource Conservation Service (NRCS) and the OF Institute of
Food and Agricultural Sciences (IFAS) Extension staff will deliver education programs for the
growers and public-at-large pertaining to BMPs and land usage by employing a multimedia
approach (i . e . , PowerPoint presentations , Coastal EnviroScape Model , etc . ) .
a. The staff of IRC ' s IFAS Program, IRSWCD, and NRCS understand that the Cost Share
Funding provided for this scope of services is designated for water quality BMP
improvements associated with Indian River area citrus groves . Therefore , water quality
and sediment/erosion control measures including : on site water detention/retention
facilities , riser-board water control structures , sediment settling basins within ditches , soil
stabilization , water furrows and sediment traps upstream of discharge pump intakes , will
be the primary focus for this work.
3 . The staff of the IRSWCD and the NRCS will meet with applicants (Indian River citrus growers)
to assess their needs in respect to the program objectives . A Conservation Plan will be developed
for the applicant ' s property by the IRSWCD in cooperation with the NRCS . This plan will
include , but is not limited to, nutrient management, pesticide management, irrigation water
management, and technical information and design . The applicant shall agree to properly operate
and maintain the BMP components for the contractual life span of the BMP practice(s) . If
installation is removed or destroyed before the life span has expired, the client shall repay a
prorated portion of this funding to the IRSWCD to be used for another applicant.
4 . Each applicant will receive the "Water Quality / Quantity BMP' s for Indian River Area Citrus
Groves" manual and meet with the Water Quality Extension Agent to discuss water quality /
quantity issues and answer a survey pertaining to BMP usage . Applicants will have the
opportunity to view the BMP video prepared by OF / IFAS .
Indian River County Citrus Cost-Share
Best Management Practices (BMP) Program Procedures .
1 . Applicant meets with OF/IFAS BMP implementation team or staff at IRSWCD to receive and review
the Indian River Area Citrus BMP Manual .
2 . Applicant requests review or assistance from the BMP implementation team or staff at IRSWCD with
completing the confidential Citrus Grower BMP Practices Checklist for each citrus grove to help
evaluate existing and or needed BMP' s . (This can be done on their own if they prefer) .
3 . Complete and send to the Florida Department of Agriculture and Consumer Services (FDACS ) the
Notice of Intent to Implement Water Quality/Quantity BMP' s for Indian River Area Citrus Groves , in
accordance with Florida Statute 403 . 067(7) (d) and Rule 5M-2 . 005 FAC for voluntary presumption of
compliance with state water quality standards .
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Contract #SG469AA
Amendment # 1
4 . Applicant applies for BMP cost-share funding consisting of a maximum 75 % M/NEP funding, with
balance provided by applicant.
5 . The applicant will provide preliminary design( s) prepared by either a contractor, USDA-NRCS , and /
or IRSWCD .
6 . Applicant solicits cost estimate(s) based on preliminary design( s) .
7 . Project cost estimate(s) will be returned to the IRSWCD for review .
8 . IRSWCD determines eligibility ranking based on cost of project/environmental benefits .
9 . IRSWCD reviews with the St . Johns River Water Management District (the District) for compliance
based on their funding guidelines .
10. The IRSWCD presents a list of projects that are in full compliance with funding guidelines to the
Indian River Board of County Commissioners .
11 . Approval or disapproval of list of projects by Indian River Board of County Commissioners .
12 . Applicant signs a Conservation Application and Agreement with the Indian River Soil and Water
Conservation District (IRSWCD) .
13 . A Conservation Plan , including fully developed design( s ) , will be prepared by IRSWCD/NRCS ,
before installation of practice(s) proceed( s) .
14 . Applicant/IRC , sign individual contracts to install practice( s) and agrees , through an Operation and
Maintenance Plan Contract, to properly operate and maintain the BMP components for the
contractual life span of the practice( s ) .
15 . Applicant/contractor installs BMP(s ) based on approved design( s) . Consultation with
NRCS/IRSWCD staff is advised during installation process .
16 . The BMP installation must meet NRCS minimum standards and specifications before it can be
certified as complete by IRSWCD/NRCS technician( s) .
17 . Applicant produces paid invoices of expenditures to IRSWCD , who submits all documentation to
IRC .
18 . Applicant receives reimbursement from County with authorization from IRSWCD .
19 . County shall submit to the District, itemized quarterly invoices based upon the actual work performed
by the Applicant, accompanied by copies of Applicant ' s paid invoices , and shall bill on a cost-
reimbursable basis .
20 . The applicant will be required to adhere to the life span of the BMP. If it is removed or destroyed
before the life span is expired, the applicant will be required to reimburse a prorated portion of the
funding to the IRSWCD to be used for another applicant.
IV. TASK IDENTIFICATION.
1 . Advertisement of the project via newsletters , the Internet, the media and direct phone calls .
2 . Schedule meetings with growers to discuss BMP ' s , assess the growers needs and develop
a
conservation plan .
3 . Establish the BMP design for each grower; prioritize each grower' s design; generate and sign
contracts with each grower -accepted into the program; begin project installation .
4 . Delivery of BMP and water quality/water quantity education programs to growers and the public -at-
large
5 . Generation of program final report .
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Contract #SG469AA
Amendment # 1
V. DELIVERABLES and TIME FRAMES :
1 . A list of growers receiving funding, including the amount of affected acreage and type of BMP
funded will be kept on an electronic format spreadsheet.
2 . Quarterly reports of accomplishments relative to educational outreach efforts .
3 . Summary Report of program expenditures , accomplishments and future recommendations .
ITEM COMPLETION (From Effective Date)
Task 1 — Advertisement of Project/Funding . , . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . * * . . . . 2 months
Task 2 — Growers Needs Assessments/Conservation Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . 9 months
Task 3 — BMP Design, Scoring, Contracts , Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . .months 1 - 18
Task4 — Education Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . months 148
Task5 — Final Report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "
I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18th month
VI . BUDGET :
Category SJRWMD IRSWCD Total
BMP Cost-Share $57 ,410 $ 57 ,410
Water Control Structures (top-over)
On Site Water Retention/Detention
Sediment Control
IRSWCD Admin Fee 29000 29000
In-Kind 10,000 109000
TOTAL $59,410 $ 109000 $ 69 ,410
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Ale
nil St . ohns Kiver
.UK; I
Water Management District
Kirby B. Green III, Executive Director • John R. Wehle, Assistant Executive Director
Post Office Box 1429 • Palatka, FL 32178- 1429 • (386) 329-4500
LETTER OF TRANSMITTAL
TO : James Karl DATE : October 4 , 2004
Indian River County UPS DELIVERY
1028 20th Place , Suite A
Vero Beach , FL 32960 CONTRACT NO . : SG469AA
We are sending you the following attachments for action as defined below :
(❑) Specifications (® ) Amendment
(❑ ) Documents (❑ ) Change Order
(❑ ) Agreement (❑ ) Work Order
(❑ ) Correspondence (❑ ) Other
COPIES DESCRIPTION ACTION
1 Original Amendment No . 1 1
ACTION CODE :
1 . For your files 5 . Insurance needed
2 . For execution & return 6 . W-9 form for execution & return
3 . At your request 7 . Performance/payment bond needed
4 . For review & comment 8 . See remarks
REMARKS :
FROM : ALII]a "AI
( , Madeline Northcutt U RECEIVED
Contracts Administrator
OCT 0 5 2004
COPY TO : W . Mozo CLERK TO THE BOARD
GOVERNING BOARD
Duane Ottenstroer, CHAIRMAN Ometrias D. Long, VICE CHAIRMAN R. Clay Albright, SECRETARY David G. Graham, TREASURER
JACKSONVILLE APOPKA EAST LAKE WEIR JACKSONVILLE
W. Michael Branch John Sowinski William Kerr Ann T. Moore Catherine A. Walker
FERNANDINA BEACH ORLANDO MELBOURNE BEACH BUNNELL ALTAMONTE SPRINGS