Florida Department of Agriculture and Consumer Services Division of Marketing ADAM H. PUTNAM COMMISSIONER 2010 POULTRY LOSS CONTRACT GRANT ASSISTANCE PROGRAM APPLICATION Section 570.07, Florida Statutes GRANT CRITERIA PURPOSE: To carry out a program of grants for distribution to eligible poultry growers that suffered financial losses as a result of a terminated poultry growing arrangement with a live poultry dealer that filed proceedings under chapter 11 of title 11, United States Code, in United States Bankruptcy Court during the 30-day period beginning on December 1, 2008(Bankrupt live poultry dealer). ELIGIBLE POULTRY GROWERS: Florida poultry growers are eligible for the 2010 Poultry Loss Contract Grant Assistance Program (PGAP) if they: 1. Suffered a financial loss, as a result of a bankrupt live poultry dealer terminating its poultry growing arrangement with the poultry grower between May 1, 2008, and July 1, 2010; 2. Did not enter into a poultry growing arrangement with any live poultry dealer for 1 month following the termination of its poultry growing arrangement with a bankrupt live poultry dealer; 3. Were in compliance with the highly erodible land and wetland provisions of 7 CFR Part 12 for calendar year 2009; 4. Did not have an average adjusted gross non-farm income, as defined in 7 CFR Part 1400 with respect to 2009 programs, that exceeded $500,000 for calendar years 2005-2007; and 5. Submit program loss documents as required in Section III of the application. Federal and State owned poultry operations are not eligible. PROVIDING ASSISTANCE Assistance shall only be provided to eligible poultry growers that submit a completed application form and acceptable supporting documents. Payments are subject to the availability of funds and any requirements of law that may apply. AMOUNT OF ASSISTANCE Each participating State will receive an amount equal to the total amount of its approved applications from eligible poultry growers and allowable costs of such State only if the total expenditures for all such approved applications and allowable costs in all participating States would not exceed the total PGAP grant funds amount ($60 million). Otherwise, if the total expenditures for all such approved applications and allowable costs in all States would exceed the total grant fund amount, each State will receive PGAP grant funds pro rata, based on the total value of approved applications and allowable costs in each participating State. PAYMENT CALCULATIONS The total amount of assistance that an eligible poultry grower may receive as an individual or legal entity, directly or indirectly, from the funds made available for this program shall not exceed $100,000 in aggregate, except for general partnerships and joint ventures, in which case assistance shall not exceed $100,000 times the number of members that constitute the general partnership or joint DACS-16063 10/10 Page 1 of 6 venture. The direct attribution provisions in 7 CFR Part 1400 shall apply. 7 CFR part 1400 is available at www.access.gpo.gov/nara/cfr/waisidx_04/7cfr1400_04.html The payment limitation shall be applied to an eligible poultry grower based on the eligible poultry grower’s business structure as it existed during calendar year 2009. The amount of assistance provided to each eligible poultry grower from Florida shall be based upon such poultry grower’s most recent 12 month production/receipts obtained from the poultry grower’s settlement sheets issued by the bankrupt live poultry dealer with which the eligible poultry grower had a poultry growing arrangement. Such amount shall be equal to the result of multiplying: Ninety–five percent (95%) of the total net grower payment amounts from the most recent 12 month production/receipts from the poultry grower’s settlement sheets issued by a bankrupt live poultry dealer, and If the eligible poultry grower entered into a poultry growing arrangement between 1 month and 12 months after their poultry growing arrangement was terminated, a factor determined by dividing by 12 the number of months between the termination of their poultry growing arrangement and the entry into the new growing arrangement. The Department shall reduce the amount of assistance payable to each eligible poultry grower applicant in Florida on a pro rata basis if the total grant fund requests from all participating States exceed $60 million. A person or legal entity shall not be eligible for assistance if they are not in compliance for calendar year 2009 with the conservation compliance provisions of 7 CFR Part 12 or had an average adjusted gross non-farm income, as defined in 7 CFR Part 1400 with respect to 2009 programs, that exceeded $500,000 for calendar years 2005-2007. Please complete the following application to request your pro rata share of PGAP. Sign, date, and notarize the signature page and return the form and all required supporting documentation to: Division of Marketing 2010 Poultry Loss Contract Grant Assistance Program 407 S. Calhoun Street M9 Tallahassee, Florida 32399-0800 All applications are subject to review by the USDA/Farm Service Agency (FSA) and are also subject to the availability of funds. If available funds are less than the total amount of approved applications, each approved application shall be proportionately reduced accordingly. Failure to provide access to all the information and documentation which supports your application shall result in that part of the grant to Florida to be considered to have been improperly made for which the grower shall be responsible for a full refund to Florida and for Florida to FSA plus interest from the initial date of disbursement from FSA. Completed applications with required supporting documentation must be in the Division of Marketing Office no later than 5:00 PM November 22, 2010. DACS-16063 10/10 Page 2 of 6 Sign the application in the presence of a Notary. Mail applications to: Division of Marketing 2010 Poultry Loss Contract Grant Assistance Program 407 S. Calhoun Street M9 Tallahassee, Florida 32399-0800 Please provide the following information. Section I. 1. Company Name:_______________________________________________________ 2. Contact Person:________________________________________________________ 3. Mailing Address:_______________________________________________________ 4. Phone:________________________________________________________________ 5. FAX:_________________________________________________________________ 6. E-Mail:________________________________________________________________ 7. EIN:__________________________________________________________________ 8. 1SSN:_________________________________________________________________ 1 Voluntary Disclosure of Social Security Number Federal tax regulations require the Department of Agriculture and Consumer Services to obtain Social Security Numbers (SSN) from every person to whom compensation is paid. SSNs are maintained and used by the Department for compensatory payment purposes, and are reported to Federal and State agencies on forms required by law. The Department will not disclose a SSN without the consent of the person to anyone outside the Department except as mandated by law or as required for the above-stated purposes. Failure to provide an SSN will result in denial of benefits or compensation. Section II. Election to Not Participate Initial on line below, sign, date and return application to the Division of Marketing if you do not want to participate in PGAP. ____ I elect to not participate in PGAP. Signature: __________________________________ DACS-16063 10/10 Page 3 of 6 Date: ___________________ Section III. Required Supporting Documentation Eligible poultry growers must submit to the Department acceptable documentation that establishes: 1. The poultry grower’s most recent 12-months production/receipts from a bankrupt live poultry dealer from which the poultry grower had a growing arrangement terminated between May 1, 2008, and July 1, 2010. 2. The poultry grower’s most recent poultry growing arrangement with a bankrupt live poultry dealer before termination of such arrangement. 3. A copy of the termination letter from a bankrupt live poultry dealer to the poultry grower. 4. A copy of the poultry growing arrangement entered into with a live poultry dealer if entered into between 1 and 12 months after the poultry growing arrangement was terminated by the bankrupt live poultry dealer. Applications returned without required documentation of support will be deemed as “incomplete” and not eligible for a grant payment. Section IV. Grower Certification Have you or anyone on your behalf, or do you or anyone on your behalf intend to apply for PGAP assistance from a state(s) in addition to Florida? ___ YES ___ NO If your response is YES, please identify the State(s). ____________________________________________________________________________________ ____________________________________________________________________________________ DACS-16063 10/10 Page 4 of 6 Section V. Signature Page In signing this application for PGAP, I hereby certify that: 1. The information contained on this application and supporting documentation is accurate and truthful. 2. I understand that providing false statements or representations is punishable by fines and/or imprisonment. 3. My records on file at my Farm Service Agency county office show: a. My average adjusted gross non-farm does not exceed $500,000 for the tax years 20072009, as calculated in 7 CFR Part 1400. and b. I am compliant with the conservation eligibility compliance provisions for other programs found at 7 CFR Part 12. 7CFR Part 12 is available at: http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=ecfrbrowse/Title07/7cfr12_main_02.tpl 4. I further agree to keep records pertaining to the information provided herein for 3 years after completion of the distribution of PGAP funds or until final resolution of any audit findings or litigation claims relating to the distribution of such funds. 5. I will grant access, and provide written further assurances as needed, to assure compliance with PGAP. 6. I will permit authorized representatives of the State of Florida, the FSA, the USDA including FSA and the Comptroller General of the United States to have access to and the right to examine all records and documents related to PGAP. 7. Failure to provide access to such records and documents will require the full refund to the Department of all PAGP funds received, plus interest from the date of disbursement until repayment in full. Typed/Printed name of Applicant Applicant Signature Date STATE OF FLORIDA COUNTY OF ____________ The foregoing instrument was acknowledged before me this _________ day of ___________, 20___,by _______________________________________, who is personally known or who has produced __________________________as identification to me and who did not take an oath. ____________________________ Notary Public (Seal) DACS-16063 10/10 Page 5 of 6 Official Use Only 2010 Poultry Loss Contract Grant Assistance Program Calculations Enter into new arrangement? Yes 12 Month Production Receipts Month Number Arrangement Factor = Month/12 x 95% Pro Rata Adjustment Factor No Allowable Amount=.95 x Receipts x Arrangement Factor x Pro Rata Adjustment (Maximum of $100,000.00) Florida Department of Agriculture and Consumer Services Division of Marketing Amount Approved Approved by STATE OF FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES By:________________________________________ MIKE GRESHAM DIRECTOR OF ADMINISTRATION DACS-16063 10/10 Page 6 of 6