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HomeMy WebLinkAbout2003-037L. AU 16-1 COST SHARE G CONTRACT 5)�6 1/'1,i I I ��7't This Cost a e Grant Contract ("Contract" ) entered into as of , 2003 by and between IrYdian River Co ty, a political subdivision of the State of Florida, ("County" ) and W.C. Graves, III and Frances Graves, having an address of 5680 4t Street, Vero Beach, Florida 32968 ("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 FDCAS #6800] ("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 1 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; (v) by f _ the Recipient shall implement, establi h, and complete the BMP; (vi) upon completion of installation of the BMP, the Recipient shall certify and submit all required invoices for payment for the BMP to the Indian River Soil and Water Conservation District as agent for the County under the Cost Share Agreement, and the Indian River Soil and Water Conservation District shall submit the invoices to the County for further processing and payment; (vii) the Recipient shall maintain and replace the BMP for the required maintenance period set forth in Exhibit B, and, further, specifically acknowledges that the Cost Share Agreement requires reimbursement to the Department on a pro-rata basis for any Grant funding received for a BMP that is improperly maintained, removed, or destroyed before the end of the maintenance period set forth on Exhibit 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 2 the landowner, where applicable, will control the land for that period; (ix) the Grant funds shall not be used to lobby the Florida Legislature, the judicial branch, or an agency of the State of Florida; (x) the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the completion of this Contract, and the County shall have access to books, records, and documents of the Recipient in connection with the Grant funds for the purpose of inspection or audit during normal business hours at the County' s expense, upon five (5) days prior written notice; (xi) the Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations in connection with the BMP; (xii) the Recipient must have all applicable permits, including, but not limited to, a County Right of Way Permit, and a Consumptive Use Permit, an Environmental Resource Permit, or an Agricultural Surface Water Management Systems Permit pursuant to applicable provisions of the Florida Administrative Code to be eligible for the Grant; (xiii) the Recipient has not been placed on the State of Florida convicted vendor list kept by the Florida Department of Management Services pursuant to Florida Statutes section 287 . 133; and (xiv) the employment by the Recipient of unauthorized aliens is a violation of Section 274A(e) of the Immigration and Nationalization Act, and such violation shall be cause for unilateral cancellation of this Contract. 3. 0 Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 3 IN WITNESS WHEREOF, the County and the Recipient have executed this Agreement as of the date first written above. INDIAN RIVER COUNTY BOARD OF UNTY CO SIONERS Atte - J. K. Barton, Clerk By: C; N neth R. Macht, Chairman By. �/—� Deputy Clerk Approved by: Indian Riva Co Approved Date ames E. andler Admin. Cc ty Administrato Legal Budget � DeP1. oZ •� d angel Risk Mgr. County Attorney RECIPIENT: W.C. Graves, III and ✓Frances Graves Signature: � Y'� /J /,t-t�� Title: 4 OPERATION AND MAINTENANCE PLAN '5X#1 PORTABLE AGRICHEMICAL MIXING STATION COOPERATOR: �,c./ C �/�,,�,iEf — ,4�ES C,�� _S DATE: .�,�./ ADDRESS: 56180 PRACTICE LOCATION: SECTION TOWNSHIP RANGE�/� FIELD NO. Z/(k � ,oma .-/ A properly operated and maintained portable agrichemical mixing station (PAMS) is an asset to your farm. This equipment was designed to provide a facility to mix and load pesticides and at the same time protect ground and surface waters. The estimated life span of the PAMS is at least 5 years. The life of the equipment 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 maintenance and will require operational items to maintain satisfactory performance. The following are some recommendations to help you develop a good operation and maintenance program. GENERAL RECOMMENDATIONS • Test the portable agrichemical mixing station using clean water before the first use. • Keep the equipment clean at all times. • Immediately respond to any spills, leaks, accidents, or normal operational procedures from which pesticides or pesticide contaminated water come in contact with the PAMS pad. • Rinsate should be land applied to the target crop at a rate below the label requirements. • Do not drain rinse water or rinsate from the sprayer or pesticide containers onto the ground. • Rinse water from the spray tank shall be applied as a pesticide. • Cross mixing of various pesticides or pesticide contaminated water shall be avoided except where allowed by the pesticide label. • All materials which come in contact with pesticides shall be handled as required by state regulations and pesticide labels. • Empty pesticide containers shall be returned to permanent/primary pesticide storage or decontaminated in accordance with state regulations and pesticide labels. • Follow manufacturer recommendations in the proper use and maintenance of the PAE. INSPECTIONS Thoroughly inspect the PAMS on a regular basis. The inspection should include, but is not limited to, the pump, hoses, pipes, valves, connectors, filters, tanks, related plumbing material, and safety equipment. Complete any needed repairs and replacements prior to using the equipment. VIOLATIONS Failure to carry out the operation and maintenance required for the PAMS may result in the reimbursement of the FDACS cost share dollars used to purchase it. CONTACT THE INDIAN RIVER SOIL & WATER CONSERVATION DISTRICT FOR ADDITIONAL TECHNICAL ASSISTANCE YOU MAY NEED FOR HAPLEMENTATION OF THIS OPERATION AND MAINTENANCE PLAN. Form date January 2003 i 7- Cont'd from pg 2. Application Evaluation Review Sheet Applicant Name: App#11, W. C. Graves III Address: IP.O. Box 998 Vero Beach, FI. 32961 Tract Number(s): Field Number(s): I All in I.R. County Date: iNov. 16, 2002 Vl tteview Suimma Land Use/Field: Acres: Micro-Irrigated Citrus Grove 593 Best Management Practices Applied For: 4. Portable Agrichemical Mixing Station. Total BMP Costs: rL 160%Cost Share: Div By Total Eval Points: =Applicant's Score: Applicant Cost: $8,612. $5,167 20 258.36 $3,445 VII,`ttemarks: Vill. ` dsi nat fChCO fVatibnist:_ cy- (Signature) Dat . (Checked By) Date: - -/3 -0� IRSWCD Board Approval > Date 74-r (Applicant Signature) Date Privacy Act Statement: The following statements are made in accordance with the Privacy Act of 1974(5U.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 Conversation); 16U.S.C.3801 et seq.(Food Security Acto of 1985,as ammended),and the regulation promulgated theruder.The information requested is necessary for the evaluation of an application,development and implementation of a conservation plan as the basis for satisfying program eligibility and compliance requirements,and for providing technical education,or 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 (10-26-01) 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 (IRSWCD) James Karl 1028 - 20th Place, Suite A Vero Beach, Florida 32960 Recipient: W.C. Graves, III and Frances Graves 5680 4th Street Vero Beach, Florida 32968 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 1 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. 5. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 6. Severability: If any term or provision of this Contract or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Contract, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. 7 . CAPTIONS AND INTERPRETATIONS: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 2