State of Nebraska Purchase Order PURCHASE ORDER NUMBER 1458614 Z9

SHOW PURCHASE ORDER NUMBER ON ALL PAPERS AND PACKAGES INVOICE TO ADDRESS BELOW

PAGE ORDER DATE GAME & PARKS COMMISSION

WILDLIFE DIV

PO BOX 30370

LINCOLN NE 68503-0370

1 OF 1 09/02/26

BUSINESS UNIT BUYER

33040480 ANDREW SCHULZKUMP (G&P)

VENDOR NUMBER: 4217617 DESTINATION OF GOODS

GAME & PARKS COMMISSION

DISTRICT IV OFC

301 E STATE FARM RD

NORTH PLATTE NE 69101-0430

VENDOR ADDRESS:

SIDNEY B HOOPER

9041 E SHACK RD

NORTH PLATTE NE 69101-9031

Unsatisfactory delivery schedule or service will be sufficient cause for cancellation of this order. Order is subject to cancellation if merchandise is not received by: 10/02/26

FREIGHT: FOB DESTINATION

DELIVERY INSTRUCTIONS:

INSTRUCTIONS TO VENDORS

* Packing list must be included in each shipment.

AGENCY SIGNATURE

R43500|NISA0002|NISA0002 20220623

* Two copies of invoice must be submitted in order that payment can be made - INVOICES

MUST INDICATE YOUR FEDERAL TAXPAYER IDENTIFICATION NUMBER.

* Materials ordered are subject to our inspection and approval. Defective material(s) not in compliance with specifications will be held pending resolution or returned subject to your risk and expense.

* Materials are to be shipped F.O.B. Destination.

Invoices should be sent to: Ethan Dyer, NGPC Wildlife Division, PO Box 30370, Lincoln NE 68503; Phone: (402) 471-5420 or emailed to ethan.dyer@nebraska.gov

NGPC Buyer Information: Andrew Schulzkump, Procurement Specialist, Phone: (402) 471-5486; email: andrew.schulzkump@nebraska.gov

30040480.548900.W21D0027 S.33WLD017

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 BLUE HERON WMA 2,000.0000 $ 1.0000 2,000.00

WEED SPRAYING

Total Order 2,000.00

S&S SALES

CUSTOSVI PASTURE SPRAYING ^

^ sbhooper1954@hotmail.com

Rd. NE CommerciaS Appiicator

NE License #HEB 089633

FOR OF MUSK THISTLE, LEAFY SPURQE

ON BLUE HERON WIVIA.^

.——$2000 ^

FIELD STAFF SERVICE AGREEMENT

This Service Agreement is entered into between the Nebraska Game & Parks Commission, hereinafier called the CommissioE, and _ Sid Hopper ^_, herdnafer called Ifae Conttactor, Arfhe services itemized under Agreement Terms below.

AGREEMENT TERMS

The Contractor shall undertake to accomplish the goals, objectives and strategies oftfae project eotified "_Blue Heron WMA Weed Spraymg^". TheContractor agreesto1itef<^!owagpKmsoBs and conditions:

See Attachment A.

A. CONSIDERATIONS

A. total not to exceed $ 2.000 shall be provided by the Commission to fee Coatractor folfowuag completion of the project for services perfonned. Payments shall be made on an at the end of the work period basis to the Contractor following receipt of the proper documentation specified m Agreement Terms. The Commission's obligation for perfonnanee is contingent upon Ae availability of appropriated grant fands and the authority to expend those funds.

B. DURATION OF AGKEEMENT

This Agreement shall begin upon full execution and end on October 2, 2026. This Agreement will remain in effect for the term prescribed above unless sooner revoked for cause by the Commission or unless sooner terminated by either party- If revoked for cause by the Commission, or if terminated by the Contractor or by mutual consent, Ifaere shall be not less than (30) days written notice, unless otherwise mutually agreed.

If revoked for cause the Contractor shall have twenty (20) days afterreceipt of written notification to cure any such default. Pollowing termination notice by the Commission, or if the Contractor is unable to cure its default, the Contractor shall be eatitfed to compeasatioa, upon submission of invoices and proper proof of claim, for services provided under the Agreement to tfae Commission up to and includinglhe date of terarination and for any nos-cancelable obligations mcurred prior to the notice to terminate.

This Agreement may be renewed, extended or amended by mutual written agreement. Annual &nding for this Agreement is dependent upon receipt of monies from the Commission's funding sources.

Failure of die Confaaetor to comply with Ae teims aad coaditions ofAis Agreement ia aBaaaaerwfaidi the Commission, in its sole discretion, shall deem sufficient may be considered cause for revocation.

Revised 8/8/23 Page 1

C. FORFEITURE OF AGREEMENT

Failure of the Contractor to comply with the terms and conditions of this Agreement in a manner, to the best of their ability, which the Commission, in its sole discretion, shall deem sufficient, may be considered cause for revocation of the project and this Agreement- Failure of the Commission to revoke upon apprehension of a violation shall not constitute a bar to revocation upon repetition of the same violation or of another violation. In the event of any forfeiture or termination of the project and this Agreement, any research data, supplies, interim reports, or other product of the Contractor's efforts hereunder shall be delivered to the Commission.

D. EMPLOYEE STATUS

Notihdng in this Agreement shall be constmed as a delegation of authority of the commission to the Contractor or its agent(s) with respect to the agreement described herein, nor shall the Contractor or its agent(s) in any mamaer consider or rspresent itself to be an employee of the Commission. It is expressly understood by the contractor that it is in all instances an independent contractor who shall provide, manage, and assume all obligations whatsoever which may occur of or be required by the Workmen's

Compensation laws ofaay state. Old Age and Survivors losuraace. Internal Revenue Acts, Income Tax of any state, and laws and regulations relating thereto, and the Contractor shall save and hold harmless the

Commission against any obligation relating to any such liability.

E. HOLD HARMLESS

It is expressly understood that the Contractor assumes full liability for the acts of its employees, agents, and officers assigned to perform the Contractor's duties, hereundsr, and shall reimburse the Commission for any damage to Commission property, real or personal, caused by the Contractor, its employees, agents or officers

F. CONTROLLING LAW

The present Agreement shall be considered to have been executed at Lincoln, Lancaster County, Nebraska, and shall be subject to the laws of the State of Nebraska.

G. CONFLICT OF INTEREST WARRANT

The Contractor warrants that its officers, stockholders, associates and employees presently have no known financial interest and shall not acquire any known financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required by this Agreement. The Contractor shall comply with the provisions of the laws of the State of Nebraska which require disclosure for conflict of interest determinations of amounts received under this

Agreement.

H. NEW EMPLOYEE WORK V.LIGTBOJTK STATUS

Under Federal and/or state law, this Agreement and Contractor must not discriminate in employment under this specific Agreement on the basis of race, color, religion, age, gender, marital status, national origin, disability or political affiliation. The Contractor agrees to abide by the Nebraska

Revised 8/8/23 Page 2

Fair Employment Practices Act as provided by Neb. Rev. Stat. Sections 48-1101 through 48-1126, and the American with Disabilities Act of 1990 (P.L. 101-366) as implemented by 28 C.F.R. 3, which are hereby made a part of and included in this Agreement by reference

The Contractor is required and herby agrees to use a federal immigration verification system to determine the work eligibility stains of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Dlegal Immigration Reform and Immigrant

Responsibility Act of 1996, 8 U.S.C. l324a, known as the E-Verify Program, or aa equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility stahis of a newly hired employee.

If the Contractor is an individual or sole proprietorship, the following applies:

1. The Contractor must complete the United States Citizenship AttestationForm, available on the Department of Administrative Services website at www.das.state.ne.us.

2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Sendces documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Contractor understands and agrees that lawful presence in the United States is required and the Independent Contractor may be disqualified or the Agreement terminated if such lawful presence cannot be verified by Neb. Rev. Stat. 4-108.

I. DRUG FREE WOSKPLACE

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders. The Contractor agrees to have in place, during the agreement period, a Dmg Free Workplace Policy stating that the unlawful manufacture, distribution, dispensatioa, possession, or use of a controlled substance in the workplace is prohibited. Consultant agrees to provide a copy of its dmg-free workplace policy at any time upon request by the Commission.

J. DEBARMENT SUSPENSION

The Contractor certifies by signing this agreement that neither the contractor, subcontractor (if any) nor their principals are presently debarred, suspended, proposed fordebamient, declared meligible or voluntarily excluded by any federal or state department or agency from participation in transactions.

The Contractor also agrees to include the above requirements in any and all subcontracts into which it enters- The Contractor shall immediately notify the Commission if, during the term of this agreement, the Independent contractor becomes debarred. The Commission may immediately terminate this Agreement by providing the Contractor written notice if contractor becomes debarred during the term of this Agreement.

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K. BUY AMERICA BUDLD AMERICA

Domestic Preferences - Buy America, Build America Act fBABA) In the perfoimance of this Agreement, Contractor shall adhere to the BABA Act, which states:

.....no federal funding for 'infrastructure' projects is provided "unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States." Section 70914 of Public Law No. 117-58, §§ 70901-52.

This applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to any infrastructure proj ect - this includes new construction, alterations, maintenance, or repair. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the constmction site and removed at or before the completion of the infrastructure project. These requirements also apply to all sub-contracts.

The Act requires the following Buy America preference:

1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. All manufactured products used in the proj ect are produced in the United States. Thi s means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for detennimng the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United States.

Constmction materials include: An article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials;

aggregates such as stone, sand, or gravel; or aggregate binding agents or additives - that is or consists primarily of:

• Non-ferrous metals

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

< glass (including optic glass)

• lumber

• diywall

• pre-made cement (concrete) blocks

• Geotextile fabrics

Contractors and their representatives will ensure that all applicable products utilized under this Agreement are accompanied by proper documentation demonstrating compliance with the BABA Act, and these documents will be submitted to the Commission prior to payment. Documentation of compliance for manufactured products (product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured m the United States is greater than 55 percent of the total cost of all components of the manufactured

Revised 8/8/23 Page 4 product) may be in the form of a certification letter from the manufacturer on their letterhead if necessary.

Contractor assumes the risk of non-compliance in including any non-domestic materials that are subject to BABA Act requirements, and agrees to the following conditions:

• Contractor shall provide the supporting documentation of BABA Act compliance to the Commission prior to payment.

• The burden of proof to meet the BABA Act provisions rests on the Contractor.

a If any of the above-described materials or products are unable to meet BABA Act requirements, the Contractor must obtain Commission approval prior to use of these materials.

• If the Commission approval was not obtained and non-BABA Act compliant material was utilized, the Contractor risks the liability to remove and replace said material at no cost to the Commission.

• No claims for contract adjustment (additional time, money, or both) wUl be made because of the non-compliant materials) witihout prior Commission approval.

This Agreement shall be considered executed at Lincoln, Lancaster County, Nebraska, and shall be governed by the laws of the State of Nebraska.

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, roles, and orders.

This agreement may not be assigned except with the written consent of the Commission.

IN WITNESS WHEREOF the parties have affixed their signature, thus entering into this agreement, the day and year written.

AcknowIedgment/Acccptance

^^A*-'- NEBMSKA GAME AND PARKS COMMISSION The Contractor

Date: f/{I/Z& Date: ^-/^ ^^7>

Revised 8/8/23 pa8e5

Attachment A

Site Description;

• Blue Heron Wildlife Management Area QVMA) is 61 acres of Platte River riparian land.

• The WMA is located in the southwest comer of the Gothenburg 1-80 exit

• The property is dry except during extremely high river flow periods.

Work Specifications:

• This project will consist of spraying noxious and invasive weeds on Blue Heron WMA.

» The target species include:

o Leafy Spurge o Canada thistle o Musk thistle o Bull thistle o Phragmites

• Leafy Spurge:

o Spray Dates: May 1-May 20 o Spray Mixture: Milestone at 7oz/acre, Overdrive @ 4oz/acre, 2, 4-D @ Iqt/acre, 90% non-ionic surfactant @ 0.5 oz/gal.

® Thisfles:

o Spray Dates: June 1-July 1 o Spray Mixture; Milestone @ 7oz/Acre, Escort @ 0.5 oz/acre, 90% non-ionic surfactant @ 0.5 oz/gal.

» Phragmites:

o Spray Dates: August 1-October 1 o Spray Mixture: Glyphosate @ 6 pts/acre. Choice Weather Master (water conditioner)

@ 2qts/100gal, LI 700 Surfactant (acidifier) 2qts/100gal, Reigs (drift control) @ 3 qts/lOOgal.

® Nebraska Game and Parks will provide the chemical and adjuvant. Anti-foaming and anti-drift agents may be used at the applicator's discretion.

• Care must be taken to minimize impacts to non-target species.

® If work does not meet specs, the contractor will be asked to return to the site and complete the job to the specs outlined in this spec sheet.

• Contractor shall provide labor, equipment, insurance, and other miscellaneous materials needed that are not provided by the Commission

Work Schedule:

a Work may begin on May 1, 2026 and must be completed by October 1, 2026.

» Payments may be made aflsr each pass or in one lump sum at the end of the contract.

However, the sum off" all payments may not exceed the bid amount.

Revised 8/8/23 Page 6

United States Citizenship Attestation Form

For the purpose of complying with Neb. Rev. Stat. §§ 4-108 through 4-114,1 attest as follows:

I am a citizen of the United States.

—OR—

!_j I am a qualified alien under the federal Immigration and Nationality Act, my immigration status and alien number are as follows:__ , and I agree to provide a copy of my USCIS documentation upon request

I hereby attest that my response and the information provided on this form and any related application for public benefits are true, complete, and accurate and I understand that this information may be used to verify my lawful presence in the United States.

PMNT NAME

(first, middle, last) /; /

SIGNATURE

<^ ^/y]e-i /$ A-/a ^^'

DATE , _ o?^£;-^^?z<

Revised 8/8/23 Page 7