38520-QR TriploidGrassCarp.pdf

February 23, 2023

Re: Quote Request, Purchase and Delivery of Triploid Amur Carp

The District is requesting quotes for the above referenced project from qualified firms who have experience in providing these services. This letter is forwarded to you as an invitation to provide a quote based on the Statement of Work (SOW) attached as Exhibit 1. The quote shall include all labor, materials, insurance, and other related costs for the services described in the SOW.

Once quotes are received, staff will review each quote and will make a recommendation for award based on the lowest bidder that meets all the qualifications of this quote request. The District reserves the right to award multiply Purchase Orders, based on the number of fish and availability to meet the requested delivery date. Refer to (Exhibit 3) to review the District's standard Purchase Order terms and conditions.

If you are interested in this project, email your quote using the Cost Schedule provided (Exhibit2) in PDF format, by 12:00 p.m. on March 1, 2023. Do not email the quote prior to or after this timeframe.

It is preferred that all quotes be submitted as an attachment to an email addressed to RMMorris@sjrwmd.com Receipt will be acknowledged by 3:30 p.m.

Exhibit 1 – Statement of Work Exhibit 2 – Cost Schedule Exhibit 3 – Purchase Order Terms and Conditions

NOTE: Please check the box provided if you are unable to provide a quotation for this service at this time and return to my attention at RMMorris@sjrwmd.com

I am unable to provide a quotation currently for the following reason(s):

Respondents Signature Respondents Company mailto:RMMorris@sjrwmd.com mailto:RMMorris@sjrwmd.com

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EXHIBIT 1 — STATEMENT OF WORK

BIOLOGICAL VEGETATION CONTROL

IN THE LAKE APOPKA NORTH SHORE

Background Vegetation control in the 20,000 acres of the Lake Apopka North Shore, especailly for hydrilla, has been done historically with heribicide treatement. The past four years a combination of biological control and chemical control has been depoloyed in Phases 4, 7 and H pond of West Marsh. Monitoring suggests grass carp are adequately contoling growth of hydrilla in Phase 7. This work seeks to continue stocking grass carp vegetative control.

The areas to be stocked includes northern sections in Phase 6, canals within Phase 4 and H pond within the West Marsh. Fish will be contained within the area using grate structures between the canal and the phases to maintain vegetation control. Fish would not be able to exit to the lake, since this would require passage through the pumps.

Triploid grass carp are infertile due to an extra set of chromosomes. The screening process to determine the sterility of the fish is expensive which accounts for the high cost per fish.

The District currently has two separate permits issued by the Florida Fish and Wildlife Conservation Commission:

1. Issued in 2019 to import, possess, and release up to 45,000 triploid grass carp in the 11,500 acre

Lake Apopka North Shore (area east of the AB canal)

2. Issued 2022 to import, possess, and release up to 8,000 triploid grass carp in the 1,620 acres of the West Marsh of Lake Apopka North Shore

Objective The primary objective of this project is to reduce the coverage of Hydrilla in a cost effective way.

Scope of Work

• Arrange delivery date to Apopka Field Station by contacting Jim Peterson at 352-427-0926

• Deliver 6,500 8-10 inch and 2,000 10-12 inch certified triploid grass carp to the Lake Apopka

North Shore by the end of April 2023.

Project Management Jennifer Mitchell, Environmental Scientist IV, Bureau of Water Resources Office: 904-730-6283 ● Cell 678-416-2085 jmitchell@sjrwmd.com mailto:jmitchell@sjrwmd.com

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EXHIBIT 2 — COST SCHEDULE

DUE NO LATER THAN 12:00 PM, MARCH 1, 2023. RESPONSES SHALL BE SUBMITTED O

THE PROCUREMENT SPECIALIST AS IDENTIFIED ON THE FIRST PAGE OF THIS REQUEST.

The District reserves the right to award multiply Purchase Orders, based on the number of fish and availability to meet the requested delivery dates.

8,000 Triploid White Amur Carp Number Available Cost per Fish Total

Minimum 8-10" (7,000)

Minimum 10-12" (3,000)

TOTAL COST $$

I hereby acknowledge, as Authorized Representative for the Respondent, that I have fully read and understand all terms and conditions as set forth in this quotation, and upon award of such quotation, shall fully comply with such terms and conditions.

RESPONDENT (FIRM NAME)

ADDRESS

SIGNATURE TYPED NAME & TITLE

TELEPHONE NUMBER EMAIL ADDRESS

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EXHIBIT 3 — PURCHASE ORDER TERMS AND CONDITIONS

The following terms and conditions of this Purchase Order (Order) apply unless expressly superseded by a separate written agreement between the parties. Terms and conditions on the face of this Order supersede the printed terms and conditions below.

COMMODITY PURCHASES: TERMS AND CONDITIONS

1. This Order, including attachments, constitutes a binding contract under the terms and conditions contained on this and the reverse side when accepted by Seller, either by acknowledgment or by commencement of shipment. No changes may be made in this Order without the authorization of purchaser, St. Johns River Water Management District (SJRWMD). Neither Seller nor SJRWMD may assign any portion of this Order without the prior consent of the other.

2. All rights and obligations of the parties are governed by the provisions of the Uniform Commercial Code — Article 2, Sales; Chapter 672, Florida Statutes (“F.S.”).

3. Materials will be properly packaged and marked with the purchase order number. Quantities specified herein are not to be exceeded unless otherwise authorized by SJRWMD. SJRWMD reserves the right to cancel this Order, or any part thereof, without obligation if delivery is not made on the times(s)/date(s) specified.

4. Inspection of items will be made at the destination, unless otherwise specified, and before payment is due. SJRWMD may reject any goods that are defective or not in conformance with specifications as to quality or performance. Title to property passes only after inspection and acceptance by SJRWMD. Rejected goods will be returned to Seller at Seller's risk and expense. SJRWMD has no further obligations with regard to rejected goods.

5. Separate invoices are required for each Order. In the absence of a separate agreement between the parties, full payment will be made within 45 days of inspection and acceptance of goods. Invoices must be received within 15 days of delivery.

6. Reserved.

7. The sale price will be the lowest prevailing market price and under no circumstances higher than specified herein without the express authorization of SJRWMD.

8. In the event of a default or breach by the Seller, which results in a cost increase to SJRWMD, SJRWMD may procure articles or services from other sources and charge Seller as liquidated damages any excess costs.

9. All materials, drawings or other items provided by SJRWMD to Seller remain the property of SJRWMD and will be returned to SJRWMD upon demand. Unless otherwise agreed, all containers, reels or pallets shipped with goods by Seller remain the property of SJRWMD.

10. The items covered by this Order will comply with all federal, state or local laws relative thereto.

Seller shall defend all actions or claims brought against SJRWMD, and hold and save SJRWMD harmless from all losses, costs or damages, related to actual or alleged infringement of letters of patent or copyrights, or claims arising from fatalities, injuries and/or property damage resulting from manufacturing or design deficiencies of delivered goods

11. SJRWMD is exempt from any sales, excise, or federal transportation taxes, and from the provisions of the Robinson Patman Act.

12. In accordance with Chapter 442, F.S., Seller will advise SJRWMD if a product is a toxic substance and, in such case, will provide a Material Safety Data Sheet at the time of delivery.

13. This Order shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Order. This Order shall be governed under the laws of the State of Florida. In the event of any legal dispute arising from or related to this Order, each party shall bear its own costs and attorney’s fees, including appeals. The parties hereby waive their right to jury trial and consent to trial by a court of competent jurisdiction.

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14. Pursuant to chapter 760, F.S., Seller shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status.

15. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

16. Seller certifies that no District officer, agent, or employee has any direct or indirect material interest, as defined in chapter 112, F.S., in Seller’s business under this Order, or shall have any such interest during the term hereof. Pursuant to §216.347, F.S., any state grant monies received from the District to fund this Order shall not be used to lobby the Florida Legislature, the judicial branch, or any state agency.

PURCHASES OF SERVICES: TERMS AND CONDITIONS

1. This Order, including attachments, constitutes a binding contract between the St. Johns River

Water Management District (“SJRWMD”) and Contractor under the terms and conditions contained herein when accepted by Contractor, either by signed acknowledgment or by the commencing performance of the services provided for herein (“the Work”). Contractor shall timely and fully perform the Work as set forth in the specifications or Statement of Work, and shall not be sublet or assign the Work, in whole or in part, without SJRWMD’s prior written consent. This Order constitutes the entire agreement of the parties. The parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein.

2. Audit. Contractor shall allow SJRWMD until the expiration of five years after expenditure of funds under this Order to have access to and the right to examine any books, documents, papers and records of Contractor relating to this Order.

3. Civil Rights. Pursuant to chapter 760, Florida. Statutes (F.S.), Seller shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status.

4. Dispute Resolution. In the event of any issue, discrepancy, or dispute, Contractor must fully perform the Work in accordance with the District’s written instructions and may claim additional compensation. Contractor must seek clarification and resolution thereof by submitting a formal request for additional compensation, schedule adjustment, or other dispute resolution to the District no later than 15 calendar days after the precipitating event. If not resolved by the District’s Project Manager within five business days, the Project Manager shall forward the request to the District’s Office of General Counsel, which shall issue a written decision within 15 calendar days. This determination shall constitute final District action, which shall then be subject to judicial review.

Contractor must complete the Work in accordance with said determination, which does not waive Contractor’s position regarding the matter in dispute.

5. Funding contingency. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Should the Work not be funded, in whole or in part, the District shall so notify Contractor and this Agreement shall be deemed terminated without cause as provided herein.

6. Indemnity. Contractor shall pay on behalf, hold harmless, release, and forever discharge SJRWMD, its officers and employees, from any and all liabilities, claims, actions, damages, expenses, court costs, and attorneys’ fees arising from Contractor’s performance of the Work,

- 7 -including Contractor’s partial or sole negligence, action, or inaction, and involving damages to property, personal injury, or loss of life.

7. Independent contractor. Contractor is an independent contractor. Neither Contractor nor Contractor's employees are SJRWMD agents or employees. Contractor controls and directs the means and methods by which the Work is accomplished. Contractor is solely responsible for compensating Contractor’s employees, including benefits, and for compliance with all labor and tax laws pertaining to Contractor, its officers, agents, and employees, and shall indemnify and hold SJRWMD harmless from any failure to comply with such laws.

8. Insurance. Contractor warrants that it has workers’ compensation insurance in not less than the minimum requirements of Florida law. If an exemption from workers’ compensation coverage is declared, an exemption letter issued by Florida Department of Financial Services, Division of Workers’ Compensation, shall be submitted to SJRWMD. Contractor shall secure and maintain such liability insurance as may be required by SJRWMD to protect it from claims for bodily injury, death, or property damage that may arise from performing the Work.

9. Interest in Contractor’s Business; Non-Lobbying. Contractor certifies that no District officer, agent, or employee has or will have any direct or indirect material interest, as defined in chapter 112, F.S., in INFQ 37673 - 13 - Contractor’s business under this Order. Any state grant monies received from the District to fund this Order shall not be used to lobby the Florida Legislature, the judicial branch, or any state agency. (Section 216.347, F.S.)

10. Ownership. All deliverables, including Work not accepted by SJRWMD, are SJRWMD property when Contractor has received compensation therefor. All ownership rights belong to SJRWMD, including the right to copyright, trademark, and patent the Work. Work subject to copyright is a “work made for hire” as defined by United States copyright laws. All documents, including draft final reports, original drawings, estimates, programs, manuals, specifications and field notes developed, secured or used in performing the Work are SJRWMD property. Any use by Contractor after completion of the Work of data developed as part of the Work shall be submitted to SJRWMD for prior review and comment. Contractor certifies that the Work does not and will not infringe on any patent rights.

11. Payment and release. Contractor shall pay all proper charges for labor and materials required to perform the Work and shall provide SJRWMD a final invoice within 15 days of completion.

Acceptance of final payment constitutes a release of all claims against SJRWMD arising from the Work. SJRWMD may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment when necessary to protect SJRWMD from loss as a result of defective Work not remedied or any other material breach hereof.

12. Permits and licenses. All materials used and work performed must conform to the laws of the United States, the State of Florida, and county and municipal ordinances. Contractor represents and warrants that it is duly licensed to perform the Work in accordance with the laws of the State of Florida and the county or municipality in which the Work is to be performed.

13. Public Entity Crimes. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 $35,000 for a period of 36 months following the date of being placed on the convicted vendor list.

14. Public records. SJRWMD reserves the right to unilaterally terminate this Order for Contractor’s refusal to allow public access to all documents subject to Chapter 119, F.S., that are made or received by the Contractor in performance of the Work.

15. Termination. SJRWMD may terminate this Order, or any part thereof, without cause, upon 10 days written notice. In such event, Contractor shall be compensated for all Work performed in accordance with this Order to the effective date of termination. Alternatively, SJRWMD may

- 8 -terminate this Order for cause on 10 days written notice and opportunity to cure in the event of any material breach hereof. Upon termination, SJRWMD may take possession of and finish the Work by whatever method(s) SJRWMD deems expedient.

16. Venue, Attorney’s Fees, Waiver of Right to Jury Trial. This Order is subject to the laws of Florida. In the event of any state legal proceedings related to this Order, venue shall be in Putnam County. In the event of any federal legal proceedings related to this Order, venue shall be in Duval County if the Work is performed in Alachua, Baker, Bradford, Clay, Duval, Nassau, Putnam, and/or St. Johns counties; or in Orange County if the Work is performed in Brevard, Flagler, Indian River Lake, Marion, Okeechobee, Orange, Osceola, Seminole, or Volusia counties. If the Work is performed in multiple counties such that venue may lie in Duval and Orange counties, venue shall lie in Duval county. In the event of any legal dispute arising from or related to this Order, each party shall bear its own costs and attorney’s fees, including appeals. The parties hereby waive their right to jury trial and consent to trial by a court of competent jurisdiction.