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HomeMy WebLinkAbout2003-037Q. COST SHARE GRANT CONTRACT r This Cost Sh e Grant Contract ( " Contract " ) entered into as of 2603 by and 15etwFeen Indian River County , a political subdivision of the State of Florida , ( " County" ) ,and Thomas S . Hammond , having an address of Hammond Groves , P . O . Box 3278 , Vero Beach , Florida 32964 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 pecembe T� ls� a- 603 the Recipient shall implement , estabslish , 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 I ncorporated 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 RI ER COUNTY BOARD COUNTY 0 SIONERS Attest : J . K . Barton , Clerk By . '� ' ! enneth R . Macht11, hairman . By ' 111.3 Deputy Clerk Approved by . Y J es E . Chandler Uri Administr o Indian River Ca Approved Dat e" Admin. Q G Legal Bangel ounty Attorney Deaf Risk Mgr . RECIPIENT : Thomas S . Hammond Signature . �- Title , 4 r f Cont'd from pg 2 . Application Evaluation Review Sheet Applicant Name : jApp. #29 Hammond Groves Address : 13885 41st Street , Vero Beach , FI . 32967 Tract Number(s) : Field Number(s) : Date : INov. 18 , 2002 WIReview'Summa . Land Use/Field : Acres . Micro-Irrigated Citrus Grove 360 Best Management Practices Applied For: 2. Install 9 FBR H2o Control Structures. Total BMP Costs: 75% Cost Share: Div By Total Eval Points: = Applicant's Score: Applicant Cost: $36 , 793 . $27, 595 225 122 . 64 $ 9 , 198 . v11: terk�: , v. Vill Desi ntl Ct�t�seratibnist » / o Z Lill ta7/ (Signature) Date: (Checked By) Date: IRSWCD Board Approval Date jA a� $ o3 (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 ) Page / of Z OPERATIQN AND MAINTENAN F PLAN STRUCTURE FOR WATER CONTROL COOPERATOR hlWAi/i9 o �r� y.C!a ✓,ES DATE 2o63 ADDRESS . D. 3 .? /76 , "moEw . PRACTICE LOCATION - SEC T 32 S R 3 B FIELD NO . / Z C N -R A properly operated and maintained structure for water control is an asset to your farm. This structure was designed and installed to safely convev water at condition that will prevent erosion. The estimated life span of this system is at least _T 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. GENES AL RECOMMFNDATION • 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. c nprap o C , � . ,v • 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 . USDA - NRCS May 1997 Page Z.. of Z • Eradicate or otherwise remove all rodents or burrowing animals . Immediately repair any damage caused by their activity . (If threatened species are involved , follow policy on endangered or threatened species . ) • Immediately repair any vandalism , vehicular, or livestock damage to any earthfills , spillways , or outlets or other apparatuses . SPECIFIC REC ) M NDATION FOR VnTJR III TA ATION 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 Mnv 1997 1 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 : Thomas S . Hammond P . O . Box 3278 Vero Beach , Florida 32964 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 6 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