HomeMy WebLinkAbout2003-037O. COST SHARE GRANT CONTRACT
This Cost Sh rant Contract ( " Contract " ) entered
into as of 2003 by
and between Indian River Courf6y , a political subdivision of
the State of Florida , ( " County" ) and IMG Enterprises , Inc . ,
having an address of 7836 Cherry Lake Road , Groveland ,
Florida 34736 ( " 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
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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 j) c'_ ern h i ( aoo :3 the Recipient shall
implement , establish , 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
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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 .
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IN WITNESS WHEREOF , the County and the Recipient have
executed this Agreement as of the date first written above .
INDIAN RIVER COUNTY
BO:Z4
RD 0 OUNTY OM SSIONERS
Att K . Barton , Clerk
By
neth R . Macht , Chairma
B y : Lc co�
Deputy Clerk
Approved by :
aures E . ndler Indian iiivo C% A{ rovsd Daie
ty Adminis r r Admin. *400
or
Bangel
County Attorney - —�-
-
Michel Sallin
RECIPIENT : IMG Enterprises , Inc .
Signature : t
Title :
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EXHIBIT A
Florida Department of Agriculture
and Consumer Services
Division of Administration
CHARLES H. BRONSON
COMMISSIONER CONTRACTUAL SERVICES AGREEMENT
This AGREEMENT , made and entered into this day of
by and between the DEPARTMENT OF AGRICULTURE
ANDCONSUMER 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 for a period of three years .
The Contractor agrees to provide all deliverables as
stipulated in the Scope of Work , hereby incorporated by
reference as an attachment .
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 of the first year funds will be dispersed ' to the
Contractor at the execution of this contract with the balance to
be paid upon submission of invoices and other supporting
documentation . Total distributions will not exceed $ 250 , 000 per
year , including not more than a 5 % administration cost to be
dispersed . to the Indian River Soil and Water Conservation
District for each contract administered under this agreement .
Bills for any authorized travel expenses shall be submitted
and paid in accordance with the rates specified in Section
112 . 061 , Florida Statutes , governing payments by the State for
travel expenses . Authorization for travel expenses must be
specified in the paragraph for payments directly above .
Bills for services shall be submitted in triplicate to
. Department of Agriculture and Consumer Services , Office of
Aaricultural Water Policy , 1203 Governors Square Boulevard ,
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
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specifies otherwise . With the exception of payme :-_ . s to nie
care providers for hospital , medical , or other health care
services , if payment is not available withi _^_ 40 as . s , Tea ed
from the latter of the date the invoice is received or theeos
or services are received , inspected and approved , ss : ara _ �
interest penalty set by the Comptroller pursuant to
Section 55 . 03 , Florida Statutes , will be due and payable in
addition to the invoice amount . To obtain the applicable
interest rate , please contact the Agency ' s Fiscal Section at
( 850 ) 488 - 2020 or Purchasing Of - ice at ( 850 ) 488 - 7552 .
Payments to health care pr3viders for hospitals , medical or
other health care services , shall be made not more thar 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 requireme ^ t do
not start until a properly completed invoice is provided to the
agency .
A Vendor Ombudsman has been established within the
Department of Banking and Finance . The duties of this individual
include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment ( s ) from a State
agency . The Vendor Ombudsman may be contacted - at
( 850 ) 488 - 2924 or by calling the State Comptroller ' s Hotline ,
1 - 800 - 848 - 3792 .
The Department may make partial payments to the Contractor
upon partial delivery of services when a reauest for such
partial payment is made by the Contractor and apprcved by the
Department .
This contract may be cancelled by either party giving 30
days written notice .
The Department of Agriculture and Consumer Services shall
have the right of unilateral cancellation for refusal by the
Contractor to allow public access to all documents , papers ,
letters , or other material made or received by the Contractor in
conjunction with the contract , unless the records are exempt
from s . 24 ( a ) of Article I of the State Constitution and
s . 119 . 07 ( 1 ) , Florida Statutes .
Extension of a contract for contractual services shall be
in writing for a single period only not to exceed six ( 6 ) months
and shall be subject to the same te = s and conditions set forth
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organisation , or for - profit organization
state resources . Recipient means a Nonstace
that receives state financial assistance a - rec _ _ ."
a state awarding agency .
Be In the event that the Recipient expends a _ otal
of state financial assistance equal to or in excess of
$ 300 , 000 in any fiscal year of such Recipienat , t
Recipient must have a state single or t - s � � cific
audit conducted for such fiscal year in acczrdance
with Section 215 . 97 , F . S . , applicable rules of t �
Executive Office of the Governor , rules of the
Comptroller , and Chapter 10 . 600 , rules of the A:: ditcr
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 t =: is
Department resource , except that state financia _
assistance received by a Nonstate entity for federal
financial assistance and state matching requirer: ents
shall be excluded from consideration .
C . Audits conducted pursuant to Section 215 . 97 , F . S . ,
shall bee ( 1 ) performed annually , and ( 2 ) conducted by
independent auditors in accordance with auditing
standards as stated in rules of the Auditor General .
D . Regardless of the amount of the state financial
assistance , the provisions of Section 215 . 97 , F . S . , do
not exempt a Nonstate entity from compliance with
provisions of law relating to maintaining records
concerning state financial assistance to such Nonstate
entity or allowing access and examination of those
records by the state awarding agency , the Comptroller ,
or the Auditor General .
E . If the Nonstate entity does not meet the threshold
requiring the state single audit , such Nons �. ate enmity
must meet terms and conditions specified in this
written agreement with the state awarding agency .
F . Each state awarding agency shall .
( 1 ) Provide to a Reciuient , information nee ^ ed b -: the
Recipient to comply with the requirements of
Section 215 . 97 , F . S .
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( 2 ) Require the Recipient , as a condition of
receiving state financial assistance , to al ^; w
the state awarding agency , the Comptroller , a .nd
the Auditor General access to the Reciier. � ' 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
terms of this agreement for a period of three
years from the date the audit report is issued ,
and shall allow the Department of Agriculture and
Consumer Services or its designee , access to such
records upon request .
( 3 ) Notify the Recipient that Section 215 . 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 :
( a ) The Department of Agriculture
and Consumer Services
Division of Administration
509 Mayo Building
407 South Calhoun Street
Tallahassee , Florida 32399 - 0800
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( b ) The Auditor General ' s Office at the
following address .
State of Florida Auditor General
Room 574 , Claude Pepper Building
111 West Madison Street
Tallahassee , Florida 32302 - 1450
G . The Recipient is hereby notified of and bound by the
requirements of F . , above .
It is expressly understood and agreed that any articles
which are the subject of , or required to carry out , this
contract shall be purchased from the corporation identified
under Chapter 946 , Florida Statutes , in the same manner and
under the same procedures set forth in Section 946 . 515 ( 2 ) and
( 4 ) , Florida Statutes ; and for the purposes of this contract the
person , firm , or other business entity carrying out the
provisions of this contract shall be deemed to be substituted
for this Agency insofar as dealings with such corporation are ,
concerned . The ' ' 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 281- n
Street , North , St . Petersburg , Florida 33727 , telephone number
( 813 ) 572 - 1987 .
The CONTRACTOR is informed that a person or affiliate who
has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity ,
may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work , may
not submit bids on leases of real property to a public entity ,
may not be awarded or perform work as a contractor , supplier ,
subcontractor , or consultant under a contract with any public
entity , and may not transact business with any public entity in
excess of the threshold amount provided in Section 287 . 017 ,
Florida Statutes , for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list .
The CONTRACTOR is informed that the Department shall
. consider the employment by any Contractor of unauthorized aliens
a violation of Section 274A ( e ) of the Immigration and
Nationalization Act . Such violation shall be cause for
unilateral cancellation of this . contract .
The CONTRACTOR is informed that an entity or affiliate who
has been placed on the discriminatory vendor list may not submit
a bid on a contract to provide goods or services to a public
entity , may not submit a bid on a contract with a public entity
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for the construction or repair of a public building or public
work , may not submit bids on leases of real property to a public
entity , may not award or perform work as a contractor , supplier ,
subcontractor , or consultant under contract with any public
entity , and may not transact business with any public entity .
In the event that two or more documents combine to form
this agreement between the parties , including future 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
substitute for that clause or requirement and be binding on all
parties to this contract .
The Contract Manager for the Department is Wm . Mark
Jennings and - is located at 1203 Governors Square Boulevard ,
Suite 200 , Tallahassee , Florida , 32301 , ( 850 ) 488 - 6249 .
The Contract Manager for the Contractor is Liberta Scotto and is
located at Indian River County Cooperative Extension Service 102820 Place Suite D
Vero Beach, Florida 32960-5360 (561 ) 770 5030
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Signed by parties to this agreement :
Department Of Agriculture And Indian River County , Florida
Consumer Services Board of County
Commissioners :
Mr . Mike Gresham �.
Director of Administration Ms . Ruth M . Stanbrildge
DDChairman
o� �l LOO BCC Approved : April 2 , 2002
Date Attest : Jeffery K . Barton ,
Clerk of Circuit Court
Ms . Patricia M . Ridgely ,
Deputy Clerk
Pali 77 a
County Attorney
Approved as to form and Legal
Sufficiency .
Yo
James E . Chandler
ty Administrator
Date
DACS - 01085 596000674
05 / 01 Contractor ' s FEID Number
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SCOPE r O •
PROJECT TITLE : Indian River CountT*, Citrus Best Manaaement Practices
BACKGROUND :
Many activities such as urban development , agriculture, industry, and regional water
management have impacted the water quality of the Indian River Lagoon (M ) and the Upper
St . John ' s River (USJR) . Segments of these waterbodies that do not meet applicable water
quality standards have been identified as "impaired " in accordance with Section 303 ( d ) of the
Federal Clean Water Act (FCWA) . In an effort to educate the area citrus ;rowers about the
water quality problems occurring in the IRL and USJR watersheds and to provide them with the
tools necessary to ensure that their operations do not contribute to these problems . the Indian
River Citrus League working cooperatively with individual growers , the University of Florida.
Institute of Food & Agricultural Sciences (UF/IFAS ), Florida Department of Agriculture and
Consumer Services (FDACS ), and state and regional regulatory agencies compiled a "living "
document entitled, " Water Ottalin 0uantitj7 Best 1,Vanagrcwent Practice 's (B1lIIPs) for Indian
River .4rea Citrus Groves ".
PROJECT SUMMARY :
This project will provide Indian River County citrus growers with technical support in the
identification on BMPs and financial support for the implementation of BMPs . In order to reach
Indian River County citrus growers in a timely manner, the opportunity for cost sharing will be
advertised through a variety. of methods (newsletters , web sites , newspaper articles, phone calls,
etc . ) . Staff from the Indian River Soil and Water Conservation District (IRSWCD ) and!or the
USDA Natural Resources Conservation Service (MRCS) District Conservationist will meet with
prospective candidates to assess their needs with respect to the program objectives .
IRSWCD will assist each applicant in conducting a "self assessment" for each grove that is
included in the cost share application . This assessment will utilize the Grouper Best ,,Vc naQrc7nerrt
Practices Checklist (Attachment A) developed by the Indian River Citrus Area Best
Management Practices Implementation Committee . Once the appropriate practices ha % - e been
identified for each grove, the IRSWCD will identify those practices that are eligible for cost
share in the Applicants Handbook titled 177diarr River Area Water Qualitu Ottantity Protectiotl
Progr•anj (Attachment B ) .
While participation in this program is not contingent upon participation in any Conservation
Program administered by the USDA, enrollment in one or more of these programs is encouraged .
For those growers that choose to participate in a USDA Conservation Program, a Conservation
Plan for each grove will be developed by the IRSWCD in cooperation with the MRCS 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 .
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PROJECT DESCRIPTION :
Objectives :
1 . To educate the Indian River County citrus growers about water quality issues , the role of
BMPs in improving water quality , and B ,\IP implementation .
2 . To increase the acreage of citrus under BN4P implementation in Indian River County .
3 . To provide technical and financial assistance to Indian River County growers for the
implementation of BMPS .
4 . To reduce the potential for pollutants from citrus groves entering the IRL and USJR
watersheds .
Scope of Work :
In an effort to reach Indian River County citrus growers in a timely manner, the opportunity for
cost sharing will be advertised through a variety of methods (newsletters , web sites , newspaper
articles , phone calls, etc . ) . Interested `rowers will meet with the Water Quality Extension Agent
to receive a copy of the BMP Manual , view a BMP video , and discuss the importance of BINT-Ps
in affecting water quality improvements in the Indian River Lagoon and Upper St . Johns
Watersheds .
Growers who choose to participate in this Indian River Area Water Quality/Quantity Protection
Program must submit an application to the IRSWCD . IRSWCD will then assist each applicant in
conducting a "self assessment" for each grove that is included in the cost share application . This
assessment will utilize the Groiver Best Management Practices Checklist.
Once the appropriate practices have been identified for each grove, the IRSWCD will identify
those practices that are eligible for cost share in the Applicants Handbook . The Applicant
Handbooks establishes the percentage of cost- share funding available for each eligible practice .
The applicant is responsible for the remainder of the cost . There is a $ 50, 000 maximum in
program funds available per applicant per year .
Each applicant will provide preliminary designs prepared by one or more of the following : a
private contractor, the MRCS , or the IRSWCD . The applicant will solicit cost estimates for the
preliminary designs and submit them with the designs to the IRSWCD for review and approval .
The IRSWCD will present a list of qualifying projects to the Indian River Board of County
Commissioners (Board) .
Once approved by the Board , the Grower must agree to follow an approved Qperati077 and
tLlaintenance Plan for the life span of the practices . This plan will describe the procedures
necessary to properly operate and maintain each BN/1P . At this point the grower will receive
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approval to install the practices according to approved designs . The BMP installation must meet
all design criteria before it can be certified as complete by IRSWCD/NRCS staff. Routine
consultation with N. RCS/IRSWCD staff throughout the installation process is advised .
Once installation is complete the grower shall provide the IRSWCD all of the appropriate
documentation . The IRSWCD will then submit all of the documentation to the Board for
authorization of reimbursement to the grower.
The IRSWCD will provide FDACS with quarterly reports . These reports will include : a
summary of all work accomplished, the number of acres enrolled in each practice, the amount of
program funds distributed to date, a summary of the amount of program funds used as non-
federal match, the amount of federal matching funds applied to this program through USDA
conservation programs, and all of the invoices supporting the distribution of procr funds .
PROGRAM FUNDING PRIORITIES :
Project funds for each year will be distributed to applicants based upon the Environmental
Benefits Index (EBI) ranking delineated below .
Environmental Benefit Index
BMP POINTS
1 . On-site Water Detention/Retention 100 each
2 . Conversion or Repair of Flashboard Riser Water Control Structure 25 each
3 . Precision Application Equipment 20 each
4 . Portable Agrichemical Mixing Station 20 each
5 . Chemigation Infrastructure 20 each
6 . Aquatic Weed Barrier 10 each
7 . Permanent Agrichemical Washdown Station 10 each
8 . Water Table Observation Well 5 each
9 . Grade Stabilization Structure 5 each
10 . Conversion to Microirrigation 1 point per acre
DELIVERABLES :
1 . Quarterly reports as described above will be provided to the FDACS Project Manager in
hard copy and electronic format .
2 . A detailed Final Annual Report will be provided to the FDACS Project Manager in hard
copy and electronic format . This report will consist of a detailed summary of the
information included in the quarterly reports and an assessment of the overall success of
the program.
03 /05/02
WORKPLAN :
Task 1 — Advertisement and Application of Project/Funding . . . . . . . . . . . . . . . . . . . . . . . . . .
. . Month 1 -_'
Task ? — Cost - Share Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . I . . . . . . . . . . . . . . . . . . . . . . . . Months 3 - 10
Task 3 — Quarterly Reports . . . . . ... . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. Months 3 . 6 , and 9
Task 4 — Review and Approval of Final Report . . . . . . . . . . . . . . . . . . . . . . . Final 2 Months of Contract
PROJECT MANAGER:
Liberta Scotto, Extension Agent II
Indian River County Cooperative Extension Service
1028 20th Place, Suite D
Vero Beach, FL 32960 - 5360
561 - 770-5030
COOPERATING AGENCIES :
Florida Department of Agriculture and Consumer Services
Office of Agricultural Water Policy
1203 Governor' s Square Blvd .
Tallahassee, FL 32301
850488 - 6249
USDA-Natural Resources Conservation Service
1028 20"1' Place, Suite A
Vero Beach, FL 32960- 5360
561 - 562 - 1923
Indian River Soil and Water Conservation District
102820 th Place, Suite A
Vero Beach, FL 32960- 5360
561 - 770 - 5005
University of Florida Institute of Food & Agricultural Sciences
Indian River County Cooperative Extension Service
1028 20th Place, Suite D
Vero Beach, FL 32960 - 5360
561 - 770- 5030
0.3 /051102
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ATTACHMENT
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EXHIBIT C
STANDARD TERMS FOR COST SHARE GRANT CONTRACT
1 . Termination : This Contract may be terminated by either
party in the event of a substantial failure by the other
party to perform in accordance with the terms of the
Contract upon thirty ( 30 ) days prior written notice . In
the event the County terminates this Contract , the
Recipient shall return all funds not used as of the date of
termination to the County within ten ( 10 ) calendar days .
2 . Notices : Any notice , request , demand , consent , approval
or other communication required or permitted by this
Contract shall be given or made in writing and shall be
served , as elected by the party giving such notice , by any
of the following methods : ( 1 ) Hand delivery to the other
party ; ( 2 ) Delivery by commercial overnight courier service ;
or ( 3 ) Mailed by registered or certified mail ( postage
prepaid ) , return receipt requested at the addresses of the
parties shown below :
County :
Indian River Soil & Water Conservation District ( IRSWCD )
James Karl
1028 - 20th Place , Suite A
Vero Beach , Florida 32960
Recipient :
I M G Enterprises , Inc .
Michel Sallin
7836 Cherry Lake Road
Groveland , Florida 34736
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
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relating to any part of this Contract , or any breach
hereof , as well as any litigation between the parties ,
shall be Indian River County , Florida for claims brought in
state court , and the Southern District of Florida for those
claims justiciable in federal court .
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 .
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CITRUS GRQ '\ JTR BEST MANAGEMENT PRACTICES CHECKLIST
The follotytng checklist is designed to assist Indian River Area Citrus Growers in identifying the
most appropriate Best
Management Practices (BMPs) or group of strategies for their specific site and growing conditions . The :esults should be kept
on
file and reviewed annually to determine if progress is being made in reducing off-site discharges of sediment. pesticides . nutrients.
and aquatic plants . Providing the information requested below for the Introduction section is not mandaton-, but
listing this
voluntan- information Mll help the grove manager select BNIPs that are appropriate for their specific grove configuration .
I. INTRODUCTION :
A . Name and Location :
1 . Grove Name :
2 . Legal Description : (Tsp . , Sec . Range )
3 . Size (acres ) and Varieties including rootstock :
4 . Number of trees per acre :
5 . Physical Structures including wells :
a. Location and capacity of Reservoirs :
b . Discharge locations :
c . Control S tr a tures .
B . Specific Information:
1 . Maps including soil type : (please attach)
a. GPS maps preferred
b . Other map types such as aerial maps or site maps shoving grove ea:ures
2 . Characteristics of known soils :
a. Predominant soil type (series) :
b . Texture, & Percent Organic Matter:
(% sand , silt , clay)
3 . Irrigation and Drainage information
a . Single row beds with swales : (width and type)
b . Double row beds : (width and type )
c . Other bed configuration:
d . Microjet, Drip, Overhead, or flood irrigation:
e . Dimensions of drainage ditches and amount of water contained :
f. Pump capacity outflow/intake :
* Note : A },es answer for any survey question indicates that the grove being sun•eved is in compliance
�Iyith the
referenced BMPs. A no answer indicates that the referenced BMPs would improve the environmental performance of the
grove. but implementation of all BN/lPs so referenced is not required Review BNIPs listed for questions that
«vere
answered " no'* . Select specific BNIPs from those indicated by a no answer that are appropriate for application to
the
grove unit sunveved. These BNIPs to be implemented should be listed in the `BMPs . . . that grove management agrees to
implement . " section. Use the comment section at the end of this document ( Section VII) to explain why certain BNIPs
from questions that were answered " no" will not be implemented. The comment section can also be used to elaborate on
any items or questions that may be unclear or ambiguous, or to explain particular grove conditions . Comments should be
referenced to the specific section and question number of the survey. N/A may be used if the question or section does not
apply to that particular grove .
1
II. NVATER VOLUME * Yes No B '\ 1Ps
Irrigation Practices:
1 ) . are irrigation events scheduled based on :
• evapotranspiration (ET ) = Al . D15
J
• rainfall events, A ] ) D15
• and/or other scientific data ? _ Al . D15
Infrastructure:
2 ) . Are existing canals and ditches maintained periodically ? _ A7 _ 137
3 ) . Can on- site detention or storage be provided using the present = = A6 9
system of canals and ditches ?
4) . Is there an on- site reservoir ? J A9
Drainage Alanagement:
5 ) . Are pumps and/or discharge structures setup to achieve uniform Li
drainage throughout the Grove ?
6) . are drainage events managed according to a Drainage Al - 3 . 6 - 7
Management Plan ?
Water Table .Management:
7) . Are groundwater levels monitored to meet tree water demands
and prevent root pruning by :
• soil moisture probes D Al -2 , 5 - 6
• tensiometers ❑ u Al 5 - 6
• water table observation wells ❑ _ Al - 2 , 5 - 6
2
M. SEDIMENT : Yes No B 'MPs
Drainage Structures:
8 ) . are culverts with functional riser/sinker boards installed B 1
on appropriate lateral and side ditch connections ?
9 ) . Are the culvert structures properly installed and maintained ? J B 1
Ditch Infrastructure
10) . Are there settling basins or sumps to trap sediment at field ditch ❑ ] B2
connections to laterals and other main canals prior to discharge ?
11 ) . Are these basins maintained at an appropriate frequency ? :1 El B2
12) . Are ditches and canals constructed with proper side El 11.7 B3
bank stabilization methods ; i . e . sloping or shoring ?
Ditch Jfanaaernent:
13 ) . Is vegetative cover maintained near canal or ditch banks ? ❑ 1341 B5
14) . Are there vegetative buffer strips maintained near environmentally _ 7 B4
sensitive lands ?
15 ) . Are measures taken to prevent side -bank erosion due to the flow El ❑ B8
of water directly down the sides of the banks (i . e . berms) ?
16) . Are riprap, concrete headwalls, sandbags , or wingwalls [=i B9
used to protect canal banks from erosion ?
Bed/Furrow Management:
17) . Are water furrows properly shaped and grassed to prevent erosion, 0 B107 A1 -4
rutting, and other problems that may result in excess sediment
transport off- site ?
18 ) . Is a narrow herbicide band maintained with a width appropriate ❑ 17 B11
for the size of the trees?
19 ) . Are vegetated water furrows, drain tiles, and settling basins used D Li B10 - 14
to insure minimum movement of sediment to off- site water bodies ?
Construction :activities:
20) . Are measures taken to prevent erosion (sediment loss) during ❑ 1 B101 15
earth- working activities (i . e . , hay bales or ribbon turbidity barriers) ?
PESTICIDES : Yes No B1t1Ps
Equipment .1 fainten ance:
21 ) . Is all pesticide application equipment properly calibrated and = C3 - � 7 , 10
maintained ?
Education and Training:
22 ) . Are regularly scheduled training sessions held for spray applicators -7 C � 16
and others responsible for applying, handling, mixinJloading
and recommending pesticides ?
23 ) . Is this training documented ? J C5
24) . Does this training accommodate speakers of other languages ? r�l C5
25 ) . Are pesticide labels and Iabel updates discussed periodically ❑ 1 C5 , 10
with your employees ?
26) . When discussing pesticide labels is particular attention paid to 0 0 C5 . 10
the "Environmental Hazards" section ?
27) . Are applicators trained to control and contain spilled pesticides ? ❑ u C5 7
Pollution Prevention and Preparedaiess:
28 ) . Is a written contingency plan readily available in the event u u C � 7
of a chemical spill, and are all employees familiar with this plan ?
29) . Are the necessary materials maintained onsite for use in spill ❑ C7, 17
response involving small incidents (i . e. , absorbent materials,
recovery drums, PPE, and tools) ?
30) . Axe routine inspections of the pesticide storage area conducted ❑ �L7 C5 , C17
to check for leaks and spills ?
31 ) . Are reusable mini -bulk containers stored in an area contained to ] C17
prevent runoff into streams, ditches, or wellheads ?
32 ) . Are excess spray solutions containing pesticides managed ❑ u C17- 18a
properly, either by using as the diluent in another application
or by applying it to a target site at labeled rates ?
33 ) . When possible, do you return unopened, unused pesticides ❑ 0 C18a
in their original container to your local agrichemical dealer?
34) . Is the pesticide storage facility clearly marked and provided J C17
with fire extinguishers ?
4
IN '. PESTICIDES ( continued ) . Yes \ o B IPs
Application Methods:
35 ) . Axe appropriate measures taken to reduce spray drift using :
• nozzle selection 7 — Cl
J J
0 spray pressure Cl
• drift reducing adjuvants = C ]
• windbreaks � C 1
• and/or other drift control materials ?
CI
36 ) . Are pesticides applied only when wind speeds are less than 10 mph ? ' � C�
37) . Is the efficiency of pesticides maximized by timing applications = C2
based on anticipated heather conditions and irrigation events ?
38 ) . Are sprayer nozzles turned off at the trunk of the last tree within L77 0 a- d
rows , with end trees being sprayed by making a last pass around the
outside perimeter of the block with only the inside nozzles turned on
(wrapping) ?
39 ) . Are the last three rows of trees sprayed windward of waterways �J = C - 3e
using nozzles on one side only, with spray directed away from
aquatic areas ?
40) . Are all of the required records for pesticide applications, u Li C16
including date, time, location of treatment, target site, crop,
total area, brand name, EPA Registration number, total amount, and
method of application recorded by a certified applicator?
41 ) . Are records and copies of current pesticide labels filed conveniently :1 � C16
where they can be easily retrieved, or are they posted at a central
location or on a permanent internet web site?
42) . Are all agrichemicals stored in a locked facility ? D C17
43 ) . Does this facility have a concrete floor with a 4 " lip ? ;7 7 C17
44 ) . Are the materials segregated by type (herbicides , fungicides, � C17
and insecticides) ?
45 ) . Are all stored pesticide materials properly labeled ? � CI7
46) . Is an accurate inventory kept of all crop protection products ? 7 :3 C5 . 16 - 17
AKx na and Loading Activities:
47) . Is application equipment washed on a concrete pad with a sump, 17 C11
and is the wash-water collected and reused in other applications ?
48 ) . Are anti - siphoning devices , artesian pressure, or other measures ;: C12
utilized to prevent back siphoning of pesticides into ditches , canals ,
or wells ?
49 ) . If pesticides are mixed at or near the same site year after year, is C 13 a
there a concrete pad with a sump to minimize contamination from
small spills and leaks ?
50) . Are wellheads properly elevated or grouted _ C li a - b
to prevent contamination of wells during pesticide
� .
mixinU/loading operations ?
IV. PESTICIDES ( continued ) : Yes do BIIPs
Mlzl/Z45 alyd Loading Activities (continued) :
61 ) . .-ire min %load stations located where runoff will not cam - — C 1 � a - b
spilled chemicals into surface water bodies ?
52 ) . Is there a system of portable mix/load stations or water only = C l 3b
nurse tanks, and are they moved frequently ?
Is secondary containment provided to reduce contamination - C13a - b
due to small spills ?
54 ) . Are jet - rinse nozzles or some other method used at your mix/load _ C13 - 14
sites to insure that used pesticide containers are properly rinsed ?
55) . Are triple rinsed containers punctured and stored properly - C14
(e . in a covered, locked shed ) prior to disposal or recycling ?
56) . Are these containers then burned onsite in small batches (i . e . , less J C1 ., 18
than 500 lbs . )
Integrated Pest Afan as eln en t:
57) . Are a combination of control measures used targeting specific C6
pests and diseases, including mechanical, cultural , biological,
and chemical systems (i . e . Integrated Pest Management) ?
58 ) . Are precision application techniques, such as Global ; CS
Positioning Systems, infrared imaging, or other advanced
sensing devices used when applying crop protection products ?
59) . Is soil pH maintained ata level that reduces the solubility of free � C9
copper ions (which otherwise may be transported off- site) ,
where this pH level will not hinder optimum crop production ?
60) . Are specific factors of both the target area, such as the soil type,
C15
and the leaching and runoffpotential of the pesticide to be applied
considered when selecting a chemical for a specific pest ?
V. NUTRIENTS : Yes \' o BAIN
Education and Training:
61 ) . Are field operators or sub - contractors of fertilizer application = = D 1
equipment properly trained in the handling, loading, and calibration
of spreaders and other equipment ?
62 ) . Is this training documented ? D 1
61 ) . In general are the recommendations of the University of Florida ' s _ = D2 . 6 , 13 , 18
Institute of Food and Agricultural Sciences ( SP . 169) followed ?
Pollutiun Preitention :
63 ) . Is dry fertilizer stored in an area that is protected from rainfall ? D8
64) . Are stationary liquid fertilizer tanks stored on a concrete slab ? D8
65 ) . . �re leaks from pipes, valves, equipment, or tanks repaired promptly ? _ = D6 , 9
66 ) . _-ire bulk trailers parked away from canals , ditches , or wells (as = D i 0 - 12
much as is practicable) to avoid contaminating adjacent water bodies
during loading operations ?
67) . Is spilled fertilizer transferred to application equipment a D9
and applied to the target area?
68 ) . Is a tarpaulin or other containment measure used to minimize _ D9
spillage when loading and unloading dry fertilizers ?
69) . Is the site used to load and unload fertilizer moved frequently ? E] D9 , 11
70) . . Are check valves used to prevent backflow when pumping surface E D10 ) 12
. or well water to mix with fertilizer for fertigation?
71 ) . Are anti- siphoning devices , artesian pressure orLJ D12 - I3
other measures installed to prevent back siphoning into canals,
ditches or wells when mixing nutrient sources for foliar application ?
72 ) . Are fertilizer applications managed to protect environmentally D 13 16 18
sensitive areas by using:
0 controlled release fertilizers D El DI
3 18
• frequent low concentration fertigation events :1 17 DI
.3 18
• multiple applications ❑ _i D13 , 18
• variable rate technology ? C D 133 . 18
73 ) . Are vegetative filter strips maintained in or adjacent to ❑ 17 D14
environmentaIly sensitive areas ?
74 ) . Are organic matter amendments (e . g. , Class A sludge or other D 2b , 16
approved organic matter sources) an integral part of the nutrient
management program ?
75 ) . Are old unused wells plugged (decommissioned ) ? = u D17
7
�'• NUTRIENTS ( continued ) :
Yes \ o B :1IPs
Sampling and Anah�sis:
76 ) . Is there a nutrient management plan that allows for optimum crop D ,
production based on soil, water, and plant sample analyses ?
77) . Is there a program of annual soil , leaf tissue and irrigation « ater
sampling, analysis and interpretation to formulate a nutrient D � - '
recommendation based on crop response ?
78 ) . Are the samples obtained in precisely the same Iocation each year? = D2 _ 3
Equipment Maintenance:
79) . Is the machinery designed to apply r"ertilizers properly calibrated , _—
maintained and operated, so that the desired rates are consistent D �
with the form and sources of nutrients ?
Application Afethods:
80) . Are nutrients placed directly on the root zone of trees, within the
drip - line, on the high side of the bed , carefully avoiding placement — D5 - D6
in the furrow or ditch ?
81 ) . Are "high risk" fertilizer applications (such as prior to a stcrm, J —
on bare soils with a high potential for erosion, or when — D7
the water table is at or near the surface) avoided ?
82) . " hen applying foliar fertilizers is care taken to minimize drift ? +� D 13
83 ) . Are a combination of li liquid , dry,q r5 , or foliar feeding used to maxi D2 . 13 , 1 x18
,
plant uptake and minimize losses of nutrients ?
Storax e and Handling:
84) . If equipment or bulk trailers containing fertilizers are parked j
overnight is adequate security provided ? Dl ,
a
VI. AQUATIC PLANTS :
Yes No BI17Ps
Structures.
85 ) . -Are ditches maintained to prevent aquatic plants from clogging
discharge structures ?
86) . Are measures taken to prevent floating vegetation from cloggingE ]
culvert riser structures ?
87) . Are physical deterrents such as ribbon barriers , traps, or baffle boxes El
used to limit the movement of aquatic weeds and debris from canals
and ditches to off- site waterways ?
88 ) . Are fish barriers used to contain grass carp within targeted ditches ? ❑ Li E2
Strategies:
89) . are mechanical harvesters used to remove aquatic weeds from
ditches or canals ? E 1
90) . Are biological control agents such as flea beetles, hyacinth weevils, 11 E2
or grass carp used to manage aquatic weeds ?
91 ) . When selecting aquatic herbicides for target species is mode of ❑ ] E3
action, residual toxicity, and potential for offsite movement considered ?
92) . Are appropriate measures taken to control drift and place the desired .71 u E3
chemical on the weed to be eliminated whether it is submersed ,
emergent or floating ?
q
VII. CONCLUSION AND RESOLUTION :
assessment conducted by (print name) :
Signature :
Grove representative (if different from above):
Signature :
Date :
Comments :
BWs (selected from the BMPs indicated by no answers) not currently in place that
grove management agrees to implement:
11 / 16/01 Tom & Doug
11 /20/01 des corrections and formatting, etc
11 /30/01 dors corrections as per 11 30 01 meeting
12/ 11 /01 dgs corrections as per Rich Budell
12/ 17/01 dgs corrections as per 12 14 01 field test
12/ 18/01 Tom & Doug corrections as per 12 14 01 field test
10