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                                                                       EMNRD Contract No. 10-521-2301-0191
                                                                  San Juan Soil and Water Conservation District


                         Wildland/Urban Interface and Hazardous Fuels Reduction 

                                             Grant Programs 

                                               (Including Landowners)

                                           Project Work Plan For

         San Juan Soil and Water Conservation District (San Juan SWCD or Contractor)

                                           Project Number: 10-01-885

        American Recovery and Reinvestment Act (ARRA) Federal Award No.: 10-DG­
        11039702·070, Catalog of Federal Domestic Assistance No. 10.688 WFM

                                Project 1.0. Funding:             EMN40185


        Project Title:    Northwest Riparian Hazardous Fuel Removal

        Project Coordinator:   =.L::::.:ui:.:::;s....:;M:..:.;:o~n.:..:.to:..yL:a=--_ _ _ _ _ _ _ _ _ _ _ _ _ _ __


        Address:                                    ..
                   _~14~2~7_W~.Azt~:.:::;e:..c~B~lv~d~~S~u~ite~1__________________________


                         Aztec. New Mexico 87410

        Telephone Number: (505) 334-3090                         email: Emma.Deyo@nacdnet.net
                                                                                              nl"l
        NOTE: All projects shall comply with 19.20.4.9 NMAC.

I.     PROJECT DESCRIPTION: Provide information about the type of project( s) to be
implemented, location(s) of areas to be treated, what is being threatened, and how threat to
areas will be mitigated, etc.

This hazardous fuel reduction project shall be conducted within the San Juan Basin Community
Wildfire Protection Plan's (CWPP) identified areas of high risk, including riparian corridors in and
around the cities of Aztec, Bloomfield, and Farmington, and the San Juan, Animas, and La Plata
Rivers and associated tributary riparian zones. Life, property, infrastructure, forest and
watershed health, and fisheries habitat are at high risk in the event of a wildfire. Mitigation shall
occur through hand falling, mechanical removal, mastication, and chemical treatment of non­
native/non-riparian invasive woody species, and hand felling, mechanical removal. and
mastication of hazardous and decadent stands of native riparian species. Chemical retreatment
of non-native invasive woody species shall occur after the initial treatment and prior to the next
growing season, before the grant expires as conditions permit. Treatment shall use cost share
rates as outlined in Exhibit 3 (B) "Cost Share Rates for Wildland/Urban Interface or Hazardous
Fuels Reduction Thinning".

II.    PROJECT OBJECTIVES: Identify activities to be conducted under the scope of this project.

The primary purpose of this project, aside from providing employment creation/retention, is to
protect the residents of these areas, and protect property and infrastructure. Priority areas {high

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risk areas identified in the CWPP) shall be triaged by San Juan County Fire Department's
Wildland Coordinator, using aerial images and site visits. Landowner contact shall be made by
San Juan SWCD and the Wildland Coordinator. A list of interested landowners shall be kept on
file with the San Juan SWCD. Different thinning subcontractors will be utilized for each of the
three cities with a licensed chemical applicator following along with appropriate herbicide. A
blanket prescription will be used due to the similar nature and habitat type of the selected areas,
but individual landowner practice plans shall be submitted. The overall goal of treatment is to
remove woody invasive species on private land, chemically treat stumps, and retreat stumps
and re·sprouts as appropriate within the time constraints of this grant.

III.    CONTRIBUTORS: List the private, local, tribal, state, or federal organizations that are
contributing or participating in the project implementation.

        Energy, Minerals and Natural Resources Department (EMNRD) Forestry Division
        (Forestry Division), San Juan Soil and Water Conservation District (SWCD), San Juan
        County Fire Department, New Mexico State University Extension Office, community
        ditch associations, public works departments from Aztec, Bloomfield, Farmington, and
        San Juan County, the San Juan Cooperative Weed Management Group, and the San
        Juan Woody Invasives Initiative Group.

        IV.       BUDGET:

                                               PROJECT REVENUE

                                (insert additional columns to table if needed)

                    CONTRIBUTORS              ~RANT      CONTRACTOR         TOTAL

                lQ:ollars                  $630,000.00        $          $630,000.00

                In-Kind Match                   $             $                $

                Total                  I   $630 000.00        $          $630000.00

                                             PROJECT COSTS


                    CONTRIBUTORS             ~RANT       CONTRACTOR        TOTAL

                Administrative Costs       $63,000.00        $           $63,000.00

                Operational                     $            $                $
                Expenses

                Contractual Services       $567,000.00       $          $567,000.00

                Total                      $630,000.00       $          $630,000.00


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 V.    PROJECT r,MEL/NE: Provide a timeline for major milestones, accomplishments, and 

 completion date for project activities. Proposed Project Completion Date: June 2011. 


Anticipated timeframe for project is as follows:

Month                   Year           Major Task


MonthlYear                     Major Task              (See examples below)

April 2010                     Program Manager (Forestry Division) issues Contractor a Notice
                               to Proceed.
April 2010                     Contractor shall advertise and collect landowner applications.
May 2010                       Contractor shall process landowner application and enter into
                               landowner agreements.
May 2010                       Contractor (or Forestry Division) shall complete landowner
                               practice plan.
June 2010                      Landowner begins thinning.
May 2011                       Landowner completes thinning.
May 2011                       Forestry Division conducts final inspection.
Monthly                        Contractor submits invoices to Forestry Division for
                               reimbursement.
June 1, 2011                   Contractor submits final report to Forestry Division.

VI.    S/TE SELECTION: What are the overall project boundaries, how were they selected,
when, and by whom? Within the project boundary, how will specific projects be prioritized?

Project boundaries shall be within the high risk areas as set by the San Juan Basin CWPP. Site
selection and prioritization will be conducted by the San Juan County Wildland Coordinator and
San Juan SWCD as part of the planning process. Prioritization will be based on proximity to
residences, emergency ingress & egress, and high visibility to encourage community awareness
and education.

VII.   ENVIRONMENTAL CLEARANCES: Who will obtain any necessary environmental
clearances for the project area and how will this be done?

Contractor shall assist the Forestry Division in obtaining any environmental or archeological
information that the United States Department of Agriculture, Forest Service (USFS) may
require pursuant to EMNRD's Cooperative Agreement (if federal funds).

If the project occurs on non-federal or non-tribal land, the Contractor shall also ensure that
landowners assist the Forestry Division in complying with the New Mexico Cultural Properties
Act, NMSA, 1978, § 18-6-8.1 if there are any sites that are registered cultural properties and will
be affected.

If the project occurs on non-federal or non-tribal land, the Contractor shall notify the Forestry
Division prior to beginning treatment on selected property, so that the Forestry Division may
verify through the Archeological Records Management Section (ARMS) if there are any sites
that may require protection.



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 VIII. PROJECT PROCEDURES: Identify the steps and activities to achieve the objectives. As an
 example, the steps should include, at a minimum, the assessment of the property, landowner's
 submittal of request for assistance, field inspections and priority ranking, completion of work on
 property, and final inspection and payments and reimbursement steps.

                       A. 	    If work plan involves applications from individual landowners,
                               Contractor shall select applications based on prioritized areas of
                               concern and enter into an agreement with the landowner.
                       B. 	    Contractor and Forestry Division staff shall prioritize project areas
                               of concern.
                       C. 	    Contractor maps and marks trees within project area.
                       D. 	    Contractor completes or subcontracts required work elements.
                       E. 	    Forestry Division conducts field inspection and approval of project.
                       F. 	    Contractor submits reimbursement as needed. Rates for
                               reimbursement shall follow Exhibit 3(B).

IX.      LANDOWNER REQUEST FOR ASSISTANCE: Contractor shall use the attached form
Landowner Request for Assistance (EXHIBIT 1), or a close proximity thereof, to document a
landowners request for assistance from the Contractor. If the Contractor deviates from this
form, it shall first get EMNRD's written approval. (Mandatory: District must have
documentation that landowner has requested assistance and must be attached)

X.      LANDOWNER AGREEMENTS: Contractor shall develop a landowner agreement that
defines the relationship and responsibilities between Contractor and landowner during the
project. The agreement should include a description of the property to be treated. landowner
responsibilities, and permission to enter the property to conduct and inspect the project. This
agreement should be included in the project file and available to EMNRD for review.

XI.    LANDOWNER PRACTICE PLAN: Contractor shall use the attached form Landowner
Practice Plan (EXHIBIT 2), or a close proximity thereof. to document the landowner's objectives
and responsibilities, the property condition, and recommended treatments. If the Contractor
deviates from this form, it shall first get EMNRD's written approval. (Mandatory: There must
be documentation of proposed treatment.)

XII.    ApPROVED RATES: The cost share rates, (if applicable), (ExHIBIT 3) for defensible space,
Wildland/Urban Interface (WUI) or Hazardous Fuels Reduction thinning and other rates are
reflected on the following tables. The Contractor shall be reimbursed on a per acre basis for work
accomplished based on the rate provided by the speCified table for the following activities. In the
event the work is sub-contracted for a lesser amount, the lesser amount will be paid, unless
Contractor and EMNRD agree to use an alternative reimbursement schedule.

All defensible space and fuels reduction thinning projects shall treat merchantable logs.
Merchantable log treatment methods include: removal from project area or leaving within the
project area and treating by bucking and lim bing, cutting up and stacking for firewood (fireWOOd
maximum size is four foot in length, height, and depth), chipping (maximum chip depth is two
inches). or any other method described in the Landowner Practice Plan. Merchantable logs
may not be stored in a defensible space area or within 30 feet of any structure.

Definitions: Following are key words and their definitions used for this project

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                                                             EMNRD Contract No. 10-521-2301-0191
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         Woody Material: All woody material lying on the forest floor, whether created by the
         project or not, including merchantable logs and slash.

         Merchantable logs: Merchantable logs are defined as woody material with a minimum top
         diameter of six inches and a minimum length of eight feet that can be used when
         processed or transported.

         Slash: Includes forest litter, pine needles, cones. branches, and any other material that
         is not merchantable that was created by the project.

XIII.   PurCHASING METHODOLOGY FOR PROJECT: This project shall follow all procedures 

outlined in the New Mexico State Procurement Code. 


XlV.    PRIOR ApPROVAL FOR ALL SUBCONTRACTS: Contractor shall provide EMNRD all 

necessary information in a timely fashion for prior approval of all subcontracting to occur with 

this project. 


xv.    BILLING FREQUENCY: If any part of this Agreement is funded pursuant to ARRA, the
Contractor shall invoice EMNRD for this project monthly. If the funding is from other program
sources, the Contractor shall invoice EMNRD for this project at a minimum of once a quarter,
but no more frequently than monthly.

XVI.     PAYMENT TRACKING: Contractor shall maintain a budget in a spreadsheet format and
provide updated copies to EMNRD on a monthly basis. At a minimum. the spreadsheet shall list
the following:

            •    Landowner name
            •    Date applied
            •    Date approved
            •    Grant funds obligated
            •    Subcontractor
            •    Notice to proceed date
            •    Inspection request date
            •    Work approved date
            •    Invoice date
            •    Subcontractor paid date
            •    Amount paid
            •    In-kind
            •    Acres treated

XVII.   REPORTING: Contractor shall submit progress reports to ENMRD with each billing.
Progress reports shall include the number of acres thinned. If any part of this Agreement is
funded pursuant ARRA, Contractor agrees to abide by the reporting requirements of that Act, as
amended. (EXHIBIT 4, ARRA REQUIREMENTS)

XVIII. COMPLIANCE WITH ARRA TERMS AND CONDITIONS: If any part of this Agreement is
funded pursuant to ARRA, Contractor shall comply with all requirements of Exhibit 4, ARRA
Requirements.



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     XIX.    CLOSE OUT: Contractor shall submit a final project file package to ENMRD when all
     work is finished, all financial transactions are completed, and the Forestry Division accepts the
     work.

     XX.     INSPECTIONS AND CERTIFICATION: Contractor shall use the attached form Wildfire
     Mitigation Inspection (EXHIBIT 5) to document project completion. If the Contractor deviates
     from this form, it shall first get EMNRD's written approval of the changes. (Mandatory:
     Contractor shall use the attached form,)

     XXI.    DOCUMENTATION OF MATCH: If applicable, include a statement of how this will be
     performed. Contractor shall use the attached form Volunteer Sign-Up Sheet (EXHIBIT 6), or a
     close proximity thereof, to document in-kind contributions. The value of Volunteer time is
     $20.25 per hour (based on the New Mexico Department of Workforce Solutions).

     XXII.   CERTIFICATE OF PAYMENT: Contractor shall also use the attached form Certificate for
     Payment (EXHIBIT 7) when requesting reimbursement from EMNRD and shall include certified
     invoices and volunteer match forms. (Mandatory: Contractor shall use the attached form,)

     SAN JUAN SOIL AND WATER CONSERVATION DISTRICT



     Authorized Representative (PI ase print name)




      EMNRD FORESTRY DIVISION 





~State orester

1"   rFor EMNRD -     Forestry Division Use Only: 



      Program: _ _ _ _ _ _ _ _ _ _ _ __ 



      Responsibility Center: _ _ _ _ _ __                         Line Item: 



      FY:                                  Federal Grant Expiration Date: 




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                                                                   EMNRD Contract No. 10-521-2301-0191
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                                                  EXHIBIT 1
                                LANDOWNER REQUEST FOR ASSISTANCE
PRruECTTIRE: _________________________________________________________________________

NAME: ___________________________________________
ADDRESS: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--.:ZIP: ___________
PHONE: _ _ _ _ _ _ _ _ _e-mail:

LEGAL DESCRIPTION:       T_ _ _ R.____ SEC_ _ __ 


GEOGRAPHIC LOCATION (subdivision): ____________________ 





PROPERTY OWNER: YES_ NO_ PROOF OF INSURANCE: YES_ _ NO_ _                                    


TOTAL ACRES: 


INTERESTED IN THINNING          DEFENSIBLE SPACE_ _ 


FOREST TYPE:             PINON/JUNIPER 

                         PONDEROSA PINE
                         MIXED CONIFER

PRIOR ACTIVITY (Please describe any forestry, erosion control, or wildlife enhancements
petformed in the last five years): __________________________




I understand that the defensible space and fuel reduction work will need to be maintained and
agree to complete the maintenance work as long as I own this land.

SIGNATURE: _ _ _ _ _ _ _ _ _ _ _ _ _ _ DATE: _ _ _ _ _ _ _ _ __



****************************************************************************************************

                         ApPROVED _______         FOR,________________________
OFFICE USE: 	

                         REJECTED _ _ _ REASON_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

                        PRIORITY_ _ _ _ CONTRACTOR'--________________




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                                                            EMNRD Contract No. 10-521-2301-0191
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                                       EXHIBIT 2 

                                LANDOWNER PRACTICE PLAN 


                      PROJECT TITLE: _ _ _ _ _ _ _ _ _ __
 NAME: _____________________________________________

ADDRESS: __________________________________ ZIP: _______

PHONE: _ _ _ _ _ _ _ _ _ _ _e-mail: _ _ _ _ _ _ _ _ _ _ __

LEGAL DESCRIPTION: T_ _ R'--__ SEC_ _ _ COUNTY:


GEOGRAPHIC LOCATION: (subdivision)_ _ _ _ _ _ _ _ _ _ _ _ _ __

TOTAL ACRES: _ _ _ _ INSURANCE COJPOLICY #: _ _ _ _ _ _ _ __
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
LANDOWNER SHORT TERM OBJECTIVES: (CHECK ALL THAT APPLY)

        To create defensible space and reduce the wildfire hazard in a highly vulnerable 

        Wildland/Urban Interface or Hazardous Fuels Reduction area. 

        To thin _ acres of forested land to improve overall forest health and control disease 

        and insect pests. 

        To increase the vigor and growth rate of residual trees while removing excess. poor 

        quality. dead, and dying trees. 

       To improve the diversity of grasses, forbs, and wildflowers for wildlife forage production 

       in the treated area.

        Other: ___________________________________________________ 




•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
LANDOWNER LONG TERM OBJECTIVES: (CHECK ALL THAT APPLY)

       To reduce the long-term wildfire hazard on the property in the wildland/urban interface or 

       hazardous fuels reduction area. 

       To improve and maintain the overall health and vigor of the forest by periodic thinning of 

       overstocked stands. 

       To improve the productivity and health of the watershed. 

       To protect and improve wildlife habitat, and enhance the aesthetic value of the forest. 

       To serve as an example to other residents of how active forest management can 

       improve property values.

       Other ______________________________________ 





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                                                             San Juan Soil and Water Conservation District

 TREATMENT PLAN: (Narrative)

DEFENSIBLE SPACE:



THINNING: 




*********************************************************************************************
LANDOWNER RESPONSIBILITIES: (Define or describe landowner responsibilities. Examples
for defensible space might include moving woodpile, raking needles and litter around structures,
cleaning brush/debris around LP tank, installing spark arrestors on chimneys (required). etc.
Examples for WUI or Hazardous Reduction thinning might include maintaining fences,
maintaining access (roads), re-seeding where applicable, controlling erosion, maintaining
defensible space and fuel loading with periodic cutting, clearing. etc.)

SITE DESCRIPTION

TREATED ACREAGE:                         FOREST TYPE:                      AVERAGE SLOPE CLASS:

Def. Space: __                           _Pinon/Juniper                         Less than 10%
Thinning:                                   Ponderosa Pine                      10-20%
                                         __Mixed Conifer                        20-30%
 Aspect: _ _ __                             Other                               Greater than 30%

BASAL AREA:          Estimated # of trees per acre
Before Treatment: _ _       Sq. Ft.lAcre           Removed: _ _ _ _ _ _ __ 

After Treatment:            Sq. Ft.lAcre 

Method of Slash Disposal: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 

Treatments Completed: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 


DATE: _ _ _ _ _ __ 


CONTRACTOR: ________________________________ 


CERTIFIED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 





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                                                            EMNRD Contract No. 10-521-2301-0191
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                                           EXHIBIT 3 

                   A.     COST SHARE RATES FOR DEFENSIBLE SPACE 

                    (use these rates .. must get approval to change them) 


 These rates are for the purpose of thinning up to one acre around the house for defensible space
 that meets FIREWISE® standards. These rates apply in developed areas that require extra
 precautions due to improvements such as structures, power lines, and fence lines. Thinning will
 result in a residual basal area of an average of 60 square feet per acre or less. Slopes greater
 than 15% are considered excessive.

1.      HEAVY THINNING & SLASH TREATMENT: Classify as Heavy Thinning when existing
pre-thinning stocking level is greater than 120 square feet basal area per acre or when 60
square feet of basal area per acre or more is removed or when more than 800 trees per acre
are cut. All slash will be removed or chipped. Chips will be removed from the site or spread out
so that the maximum depth in anyone area is no more than two inches. Slash Treatment
includes pruning of residual stand.

        % Federal match                                     $ based on % for each project
        % Landowner match                                   $ based on % for each project
        Maximum reimbursement per acre                      $ 1,850


2.      MEDIUM 'rHINNING & SLASH TREATMENT: Classify as Medium Thinning when
existing pre-thinning stocking level ranges between 100 and 120 square feet basal area per
acre or 40 to 60 square feet basal area per acre is removed or when 300-800 trees per acre are
cut. All slash will be removed or chipped. Chips will be removed from the site or spread out so
that the maximum depth in anyone area is no more than two inches. Slash Treatment includes
pruning of residual stand.

        % Federal match                                     $ based on % for each project
        % Landowner match                                   $ based on % for each project
        Maximum reimbursement per acre                      $ 1,250


3.      BARK BETTLE TREATMENT: Pile infected wood (4 ft. x 4 ft.), cover and secure with
6+ mil clear plastic sheeting.

        % Federal match                                    $ based on % for each project
        % Landowner match                                  $ based on % for each project
        Maximum reimbursement per acre                     $200


4. 	    CHIPPING AND HAULING:
        (In cases where landowner has independently completed thinning and only needs this
        service.)

       % Federal match                                     $ based on % for each project
       % Landowner match                                   $ based on % for each project
       Maximum reimbursement per acre                      $ 650


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                B.   COST SHARE RATES FOR WILDLAND/URBAN INTERFACE OR
                HAZARDOUS FUELS REDUCTION THINNING
                   (use these rates· must get approval to change them)

The following rates are for the purpose of thinning areas, generally up to 15 acres, in a WUI or
Hazardous Fuels Reduction setting, adjacent to defensible space areas, and near development
such as homes, power lines, and fence lines. Thinning will result in a residual basal area of 60
square feet per acre. Chips will be removed from the site or spread out so that the maximum
depth in anyone area is no more than two inches. Slopes greater than 15% are considered
excessive.

1. HEAVY THINNING: Classify as Heavy Thinning when existing pre-thinning stocking level is
greater than 120 square feet basal area per acre or when 60 square feet of basal area per acre
or more is removed or when more than 800 trees per acre are cut. No pruning required.

         Thin and Haul or Chip:
               100% Federal funds                                  $1,250
               0% Contractor match                                 $0
               Maximum reimbursement                               $1,250
               per acre

2. MEDIUM THINNING: Classify as Medium Thinning when existing pre-thinning stocking level
ranges between 100 and 120 square feet basal area per acre or 40 to 60 square feet basal area
per acre is removed or when 300-800 trees per acre are cut. No pruning required.

         Thin and Haul or Chip:
               100% Federal funds                                  $1,030
               0% Contractor match                                 $0
               Maximum reimbursement                               $ 1,030
               per acre

3. MASTICATION: Classify as mechanical thinning or removal of basal area range from 100
to 200 square feet per acre. Masticated material distribution not heavy under drip lines of
residual trees. No pruning required.

        Masticate:
              100% Federal funds                                  $ 850
              0% Contractor match                                 $0
              Reimbursable rates per acre                         $ 850

                           C.     OTHER RATES FOR DIFFICULT AREAS

Additional thinning rates may be proposed where difficulty exists including, excessive slopes,
heavy fuel loading of dead and down trees, restricted access greater than 100 feet, or the
existence of hazard trees. In the event the work is subcontracted for a lesser amount, the
lesser amount will be paid. (List cost of practice; itemize the landowner and grant share by
each practice, and other relevant information as needed, or list as a percentage of the proposed
base rates.)



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                                                EXHIBIT 4
                                         ARRA REQUIREMENTS


 1. 	    Additional ARRA Reporting Requirements.

               A.      If any part of this Agreement is funded pursuant ARRA, Contractor agrees
to abide by the reporting requirements of that Act, as amended. Information from these reports
will be made available to the public. Receipt of funds pursuant to ARRA is expressly contingent
upon Contractor's agreement that it shall fully comply with the reporting requirements specified
by the Act. These reporting requirements shall include, but not necessarily be limited to, the
following, as applicable. The reports are due no later than 10 calendar days after each calendar
quarter in which the recipient receives the assistance award funded in whole or in part by
ARRA.

               1)     Contractor shall report information required by the Federal Funding
Accountability and Transparency Act of 2006 (P.L. 109-282) (FFATA), as that law may be
amended or renumbered.

                  a) 	   The name of the entity receiving the award.

                  b) 	   The amount of the award.

                  c) 	   Information on the award including transaction type, funding agency, the
                         North American Industry Classification System code or Catalog of Federal
                         Domestic Assistance number (where applicable). program source, and an
                         award title descriptive of the purpose of each funding action.

                  d) 	   The location of the entity receiving the award and the primary location of
                         the performance under the award, including the city, state, congressional
                         district, and county.                                     .

                  e) 	   A unique identi'fier of the entity receiving the award and of the parent
                         entity of the reCipient, should the entity be owned by another entity.

                  f) 	   Any other relevant information specified by the Office of Management and
                         Budget (OM B).

              2)     Contractor shall acquire or update its DUNS number and register with the
Central Contractor Registration, if applicable.

                 3)      Contractor shall report information responsive to ARRA Section 1512 as
identified in that Section, and as that Section may be amended or renumbered, and in OMB
memoranda and supplements addressing Section 1512 reporting, as amended or renumbered.
Reported information shall include:

                  a) 	   Data elements specific to vendor reporting.

                               i.       Award Number - Prime Recipient Vendor
                              ii.       Subaward Number - Subrecipient Vendor

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                                iii.     Vendor DUNS Number
                                iv.      Vendor HQ Zip Code + 4
                                 v.      Vendor Name
                               vi.       Product and Service Description
                               vii.      Payment Amount

                   b) 	   Data elements for which the prime recipient or subrecipient is
                          responsible. but which are generated by the vendor, including, but not
                          limited to: project status, jobs creation, and number of jobs.

                  c) 	    Data on number of jobs shall comply with OMB Memorandum M-09-21
                          description of a mathematical formula to calculate Full Time Equivalence
                          (FTE) for jobs created and retained, at page 35, and as that
                          memorandum may be amended, supplemented, or replaced by OMB.

                  d) 	    If applicable, pursuant to ARRA Division B, Title VII, or pursuant to OMB
                          Guidelines, memoranda, or other directives. Contractor shall report the
                          names and compensation of the five most highly compensated officers of
                          the Contractor.

              4)     Contractor shall report any other information specified by the funding
federal agency for ARRA-funded projects in addition to the reporting requirements specified in
Section 1512 and OMB Memoranda.

                5)    At EMNRD's direction, Contractor shall use any automated data system
EMNRD identifies to report ARRA funds, jobs created or retained, or any other ARRA-mandated
reporting requirements.

                6)      Contractor shall meet all reporting deadlines EMNRD establishes to
ensure compliance with ARRA-mandated reporting deadlines as well as any deadlines EMNRD
specifies for the reporting of data that EMNRD requires in order to comply with EMNRD's ARRA
reporting requirements.

              7)      In the event that additional data reporting is imposed on EMNRD by
faderallaw or by an appropriate federal agency subsequent to the execution of this Agreement,
Contractor agrees to fully comply with any and all additional reporting requirements as EMNRD
directs.

              B.       Contractor shall also be fully responsible for complying with any reporting
requirements which apply to any subcontracts awarded pursuant to this Agreement and in
accordance with Section 8 of this Agreement regarding subcontracting, such reporting to comply
with ARRA or FFATA (P.l. 109-282), as those laws may be amended or renumbered.
Contractor shall be responsible for ensuring that all required subcontractor reporting is
completed in a timely and accurate manner.

               1)      The data elements required for compliance shall include, but not
necessarily be limited to, the following, as applicable.

                  a) 	    SpeCific data elements identified by OMB for vendor reporting.



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                  b) 	   Any other information specified by OMB or the funding federal agency, if
                         applicable.

                  c) 	   The number of jobs created and retained by the project or activity, with a
                         narrative description of the types of jobs. Data on number of jobs shall
                         comply with OMB M-09-21 description of a mathematical formula to
                         calculate FTE, as that memorandum may be amended or supplemented
                         byOMB.

             2)     At EMNRO's direction, Contractor shall require any subcontractor to use
any automated data system EMNRO identifies to track ARRA funds, jobs created or retained, or
any other ARRA mandated reporting requirements.

              3)      ARRA funds may be used in conjunction with other funds to perform the 

Scope of Work under this Agreement, but tracking and reporting must be done separately to 

meet the reporting requirements of ARRA and the OMB Guidance. 


               4)      Contractor agrees that it shall include in any subcontract agreement
subject to these requirements, an affirmative obligation upon any subcontractor to collect,
maintain and timely provide any and all information subject to the reporting requirements
specified herein and a specific authorization for the release of this information directly EMNRO
upon EMNRO's request.

2. 	    Additional ARRA Audit Requirements.

                  A.  If any part of this Agreement is funded pursuant to the ARRA, Contractor
agrees to abide by the following.

              1)      Allow access by any appropriate federal entity, inCluding an inspector
general appointed under Section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.)
to examine any records of the Contractor and any subcontractor pursuant to this original
Agreement that pertain to, and involve transactions relating to, this Agreement or any
subcontract pursuant to this Agreement.

              2)      To allow any appropriate inspector general appointed under Section 3 or
8G of the Inspector General Act of 1978 to interview any officer or employee of the Contractor
or any subcontractor pursuant to this original Agreement regarding such transactions.

               3)      Nothing in this Section shall be interpreted to limit or restrict in any way
any existing authority of an inspector general.

              B.      If any part of this Agreement is funded pursuant to the ARRA, Contractor
agrees to abide by the following.

               1)     Allow access by the Government Accountability Office Comptroller
General and his representatives to examine any records of the Contractor or any of Contractor's
subcontractors, or any state or local agency administering such contract, that directly pertain to.
and involve transactions relating to, the contract or subcontract.




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                2)      Allow the Comptroller General and his representatives to interview any
 officer or employee of the Contractor or any of Contractor's subcontractors, or of any state or
 local government agency administering the contract, regarding such transactions.

               3)      Nothing in this Section shall be interpreted to limit or restrict in any way
any existing authority of the Comptroller General.

                C.      If any part of this Agreement is funded pursuant to ARRA, Contractor
agrees to maintain documentation and records that support all information submitted to EMNRD
for federal reporting purposes.

                D.      Contractor agrees that it shall include in any subcontract agreement an
affirmative obligation upon any subcontractor to comply with and submit to all of the additional
audit requirements specified herein.

3. 	    Additional ARRA Requirements.

               A.      EMNRD and Contractor hereby acknowledge that any funding provided
pursuant to ARRA is one-time funding which shall be limited to the specific purposes and
deliverables specified herein.

                  B. 	   Whistleblower Protections of Employees Under ARRA

              1)      Contractor shall comply with Section 1553 of the ARRA regarding
Whistleblower protections, as that Section may be amended or renumbered.

                2)      Any employer, including Contractor, receiving funds pursuant to ARRA
shall post notice of the rights and remedies provided under this Section. The notice of rights
shall be the same as or equivalent to the example notice set forth at the end of this Exhibit.

                3)      Contractor agrees that it shall include in any subcontract agreement an
affirmative obligation upon any subcontractor to comply with the whistleblower protection
proviSions specified herein.

                  C. 	   Buy American Provisions

             1)     If applicable, Contractor shall comply with Division A, Section 1605 of
ARRA regarding Buy American Provisions, regarding use of American iron, steel. and
manufactured goods. as that Section may be amended or renumbered.

                  2)     If applicable, Contractor is responsible for advising any subcontractor of
this requirement.

             3)     If applicable. Contractor shall also comply with the following additional
Buy American Requirements for Materials Purchased with ARRA Funding requirements:

                  a) 	   None of the funds appropriated or otherwise made available through
                         ARRA may be used for a project for the construction. alternation,
                         maintenance, or repair of a public building or public work unless all of the
                         iron, steel. and manufactured goods in the project are produced in the

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                         United States. "Manufactured goods" means a good incorporated into a
                         building or work that has been:

                                i.       Processed into a specific form or shape; or

                               ii.       Combined with other raw material to create a material that
                                         has different properties than the properties of the individual
                                         raw materials.

                         There is no requirement with regard to the subcomponents of a
                         manufactured good so long as the manufacturing took place in the United
                         States.

                  b) 	   Unless USFS makes a determination that: 1) application of this
                         requirement would be inconsistent with the public interest; 2) iron, steel,
                         and the manufactured goods are not produced in the U.S. in sufficient
                         and reasonable quantities and of a satisfactory quality; or 3) inclusion of
                         iron, steel, and manufactured goods produced in the U.S. will increase
                         the overall project cost by more than 25 percent, Contractor must adhere
                         to the "buy American" requirements.

                  c) 	   If USFS makes such a determination and publishes in the Federal
                         Register a detailed written justification as to why the provision is being
                         waived, EMNRD shall advise Contractor of the determination.

                  D. 	   Wage Rate Requirements

             1)    If applicable, Contractor shall comply with Division A, Section 1606 of
ARRA regarding wage rate requirements, as that Section may be amended or renumbered.

               2)   If applicable, Contractor shall comply with Division B, Section 1601 of
ARRA regarding application of certain labor standards to projects financed with certain tax­
favored bonds.

               3)        If applicable, Contractor is responsible for advising any subcontractor of
this requirement.

4. 	    Mandatory Waste, Fraud. or Abuse Reporting.

        If any part of this Agreement is funded pursuant to ARRA, Contractor shall:

                A.     Promptly refer to an appropriate inspector general any credible evidence
that a prinCipal, employee, agent, contractor, subcontractor, or other person has submitted a
false claim under the False Claims Act or has committed a criminal or civil violation of laws
pertaining to fraud, conflict of interest, bribery, gratUity, or similar misconduct involving such
ARRA funds.

               B.     Promptly report to EMNRD and the New Mexico Office of Recovery and
Reinvestment (NMORR) any credible evidence that a principal, employee, agent, contractor,
subcontractor, or other person has committed fraud, waste, or abuse of ARRA funds.

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                    C.      Contractor agrees that it shall include in any subcontract agreement an
    affirmative obligation upon any subcontractor to comply with the mandatory waste, fraud, or
    abuse reporting requirements specified herein.

    5.      Non-Compliance With ARRA Reporting Requirements.

            Failure of Contractor or any subcontractor to Contractor to comply with the reporting
    requirements, through material omission, knowingly reporting false data, or failure to comply
    with reporting deadlines, may result in withholding of payment or termination of this Agreement.

    6.      Cited Documents.

             Cited documents may be viewed in their entirety at United States government websites,
    and it is Contractor's responsibility to fully understand Contractor's duties and responsibilities for
    reporting and disclosure requirements when receiving ARRA funds pursuant to this or any other
    agreement under which ARRA funds are disbursed.




                                                                                FFATA
    OMB M-09-21, Implementing Guidance for the Reports on Use of
    Funds Pursuant to the Recovery Act of 2009.                                 M-09-21 Memorandum
i   OMB M-09-21 Supp 1: List of Programs Subject to Recipient                   M-09-21 Supplement 1
    Reporting                                                                   M-09-21 Supplement 2
    OMB M-09-21 Su 2: Reci                    Data Model
    OMB M-09-19, Guidance on Data Submission under the Federal
                                                                                M-09-19
    Fundi Acco            and               Act FFAT
    OMB M-09-15, Updated Implementing uidance for the M.Bt:;OVBrv
                                                                                M-09-15
    Act of 2009

    7.      Debarment and Suspension and Other Responsibility Matters.

                    A.      Contractor certifies by signing this Agreement, that Contractor and
    Contractor's principals, if applicable, to the best of Contractor's knowledge and belief: (1) are
    not debarred, suspended, proposed for debarment, or declared ineligible for the award of
    contracts by any federal department or agency; (2) have not, within a three-year period
    preceding the effective date of this Agreement, been convicted of or had a civil judgment
    rendered against them for: commission of fraud or a criminal offense in connection with
    obtaining, attempting to obtain, or performing a public (federal, state, or local) contract or
    subcontract; violation of federal or state antitrust statutes relating to the submission of offers; or
    commission of embezzlement, theft, forgery, bribery, falsification or destruction of records,
    making false statements, tax evasion, or receiving stolen property; (3) have not been indicted
    for, or otherwise criminally or civilly charged by a governmental entity (federal, state, or local)
    with commission of any of the offenses enumerated above in this Paragraph; and, (4) have not,
    within a three-year period preceding the effective date of this Agreement, had one or more
    public agreements or transactions (federal, state, or local) terminated for cause or default. If
    applicable, Contractor certifies that it and its principals have not been excluded from


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 participation from Medicare. Medicaid, or other federal health care programs pursuant to Title XI
 of the Social Security Act, 42 U.S.C. § 1320a.

                B.       Contractor's certification in Paragraph A is a material representation of
fact upon which EMNRD relied when this Agreement was entered into by the parties.
Contractor shall provide immediate written notice to EMNRD if, at any time during the term of
this Agreement. Contractor learns that Contractor's certification in Paragraph A was erroneous
on the effective date of this Agreement or has become erroneous by reason of new or changed
circumstances. If it is later determined that Contractor's certification in Paragraph A was
erroneous on the effective date of this Agreement or has become erroneous by reason of new
or changed circumstances, in addition to other remedies available to EMNRD, EMNRD may
terminate the Agreement.

               C.      Contractor shall require each proposed first-tier subcontractor whose 

subcontract shall equal or exceed $25,000, to disclose to EMNRD whether as of the time of 

award of the subcontract, the subcontractor, or its principals, is or is not debarred, suspended, 

or proposed for debarment by any federal department or agency. Contractor shall make such 

disclosures available to the agency. If the subcontractor, or its principals, is debarred, 

suspended, or proposed for debarment by any federal department or agency, the agency may 

refuse to approve the use of the subcontractor. 


                 D.      Contractor shall immediately inform EMNRD if Contractor or any of
Contractor's principals are presently excluded, debarred, or suspended from entering into
covered transactions with the federal government according to the terms of 2 C.F.R. Part 180.
Additionally. should Contractor or any of Contractor's principals receive a transmittal letter or
other official federal notice of debarment or suspension, then Contractor shall notify EMNRD
without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary
or involuntary.

8.      Eligible Workers.

         Contractor shall ensure that all employees complete the 1-9 form to certify that they are
eligible for lawful employment under the Immigration and Nationality Act (8 U.S.C. 1324a).
Contractor shall comply with regulations regarding certification and retention of the completed
forms. These requirements also apply to any contract or subcontract awarded under this
Agreement.

9.   Trafficking in Persons.

                A.     Contractor, Contractor's employees, subcontractors, and subcontractors'
employees shall not:

               1)      engage in severe forms of trafficking in persons during the period of time
that this Agreement is in effect;

              2)       procure a commercial sex act during the period of time that the
Agreement is in effect; or

              3).   use forced labor in the performance of the Agreement or any
subcontracts awarded as a result of this Agreement.

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              B.     USFS may unilaterally terminate this Agreement, without penalty, if the 

 USFS determines that Contractor: 


                   1) 	    has violated a prohibition in Paragraph A of this Section; or

                2)      has an employee who is determined by the USFS official authorized to
terminate the award to have violated a prohibition in Paragraph A of this Section through
conduct that is either associated with performance under this Agreement; or imputed to
Contractor or subcontractor using the standards and due process for imputing the conduct of an
individual to an organization that are provided in 2 C.F.R. Part 180, "OMB Guidelines to
Agencies on Government wide Debarment and Suspension (Nonprocurement), as             II


implemented by the USFS at 7 C.F.R. 3017.

              C.       Contractor must inform EMNRD immediately of any information
Contractor receives from any source alleging a violation of a prohibition in Paragraph A of this
Section.

                D.        The USFS' right to terminate unilaterally that is described in paragraph A
or B of this Section:

              1)   implements Section 106(g) of the Trafficking Victims Protection Act of
2000 (TVPA), as amended (22 U.S.C. 7104(g)), and

            2)       is in addition to all other remedies for noncompliance that are available to
the USFS under this Agreement.

              3)     Contractor must include the requirements of Paragraph A of this Section
in any subcontract Contractor makes to a private entity.

                  E. 	    For purposes of this Agreement:

               1)     "Employee" means either: a) an individual employed by Contractor or a
subcontractor who is engaged in the performance of the project or program under this
Agreement; or b) another person engaged in the performance of the project or program under
this Agreement and not compensated by Contractor, including. but not limited to, a volunteer or
individual whose services are contributed by a third party as an in-kind contribution toward cost­
sharing or matching requirements.

               2)      "Forced labor" means labor obtained by any of the following methods: the
recruitment, harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to involuntary
servitude, peonage, debt bondage, or slavery.

                  3) 	    "Private entity":

                          a) 	   Means any entity other than a state, local government, Indian
                                 tribe, or foreign public entity, as those terms are defined in 2
                                 C.F.R. 175.25.



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                     b) 	   Includes: i) a nonprofit organization, including any nonprofit
                            institution of higher education, hospital, or tribal organization other
                            than one included in the definition of Indian tribe at 2 C.F.R.
                            175.25(b); or ji) a for-profit organization.

              )      "Severe forms of trafficking in persons", "commercial sex act", and
"coercion" have the meanings given at Section 103 of the TVPA, as amended (22 U.S.C. 7102).




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                                                                              EMNRD Contract No. 10-521-2301-0191
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                                   Know Your Rights 

                                 Under the Recovery Actl 

             Did you know'!
             1'be.Aml!rican R«ovtry _ ~ Act of 2009 I pmv:ides protectiODS ilr certain
             employees of:om-fedenl employfn. mab specified eli.dosuns relating to possible frmd,
             waste mdlor abuse 01 R«OWIJ Act fimds.

             JJ'1to is pro/~ctetlt .

             Employees of:om-f'ederal empIDJIrI naiviDs IflCOI8J 6mda. 'l1Iis iIIdudes State lad IocIl
             govemmentt, contndall, Ulc:uub1CbD, . . . . . arpoleuirxlll.lDlllllb!nhip orgauizatiODS
             acting in the intenst 0I11'JCCM1'f Imd RCipi....

             How Mt fiilthllltMm ProIt!detl?
             Y011 c:aDDOt be ~ cIemafecl or oIberwiJe . . i jlui..
             potected disclosure. .
                                                                           IIed"-'"         RpiuI bmakio& a


             filiI typn ofdiscltn"'l!!IlII'~JWiII«ted?
             1'be cIisclosme must be made by the employee to the Recovety Aa:0UIdability mI TDDSp8RJ1CJ
             Board, mlDspedarGeumJ.1be QapIrol1er GentnJ, a meDlb« of~ ...... ~
             repIatmy or If:W enfiHceml!IIt apDCy. a JIfDOII. wi"~ ~CMrtbe~.
             court or grel J'IBY, Of the head. of aleclsal asmcY br bisIher 11pldl!ldlitivet.. . "~
                                                                       if       	                        <


             1'be disclOlUl'e must iDvo:M infOlDlliion that1be eDIJlIoJee believes ~ ev:ideDce of

                  • 	 gross IIIismaDagemad of III ageocy cootrad • pmt mating to RII:O\I'I!lJ' 1ilads;
                  • 	 a gross '1lI'UIe ofzecovay i\mds;                   . '.:~.         . "
                  • 	 a substantial_ spec:ific cl.aDga-to public heaJ8a. samy re:iafed ~ the impl..........tion
                      or ~ of recovery 1imds;                              _:~ , "
                                                                                 ..
                  • 	 m abase of auIhmity Rlated to tbe imp1emeutatjqn . . . . oIrecow:ry ~ or
                  • 	 a violatica 01. Jaw, •   or zephiiOll l1!1ated to • ...., G1IIIIIct or gtBd: I:WlII'decI or
                      issued relatiDB to ftCOVery fimds.

             Toke .4.£'110,,1
            Log on to Reco,..sy.gov for more iDfbrmation about your lights aDd ddail.s OIl how to report at
            WW* R'PW'Y my




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                                         EXHIBIT 5

                         WILDFIRE MITIGATION INSPECTION FORM

Landowner Information (please print) 

landowner's Name_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 

Address._ _ _ _     ~_~       _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ 

City                           State              Zip_ _ _ _ _ __ 

Phone                                     E-mail_ _ _ _ _ _ _ _ _ _ _ __ 

Legal Description of Property        Township         Range         Section

Completed Wildfire Mitigation Activities (Attach completed Landowner Request for Assistance
Form.)

1. Structure Protection
   a. Defensible Space     HEAVY THINNING       MEDIUM THINNING LIGHT THINNING
   THIN, LOP, and SCATTER
   THIN AND PILE
   THIN AND HAUL OR CHIP
                                  =
   Acres treated x cost-share rate $             Total Reimbursement $_ __

    b. Defensible Zone      HEAVY THINNING      MEDIUM THINNING LIGHT THINNING
    THIN, LOP, and SCATTER
    THIN AND PILE
    THIN AND HAUL OR CHIP
    Acres treated x cost-share rate = $         Total Reimbursement $_ __

2. Thinning
                     HEAVY THINNING      MEDIUM THINNING LIGHT THINNING
   THIN, LOP, and SCATTER
   THIN AND PILE
   THIN AND HAUL OR CHIP
   Acres treated x cost-share rate = $          Total Reimbursement $_ __

3. Fuel Break
                           HEAVY THINNING       MEDIUM THINNING LIGHT THINNING
   THIN, LOP, and SCATTER
   THIN AND PILE
   THIN AND HAUL OR CHIP
                                  =
   Acres treated x cost-share rate $            Total Reimbursement $_ __

Approved:                                                                Date _ _ _ __
(Authorized Representative)

EMNRD Forestry Division Review:                                     Date -;--_ _ __
             (EMNRD District Forester may inspect assessment and practices)




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                                  EXHIBIT 6
                         VOLUNTEER SIGN-UP SHEET

                PROJECT TITLE: _ _ _ _ _ _ _ _ _ _ __

Name: ____________________________ Phone: ___________________________

Address: ______________________ Zip: _ _ _ _ _ _ __

Name: _____________________ Phone: ____________________________

Address: ___________________ Zip: ________

Name: ______________________________ Phone: _________________

Address: ________________________ Zip: _ _ _ _ _ __

Name: __________________________ Phone: _________

Address: _____________________ Zip: ___________

Name: _____________________ Phone: ________________

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Zip: __________

Name: _______________________ Phone: _ _ _ _ ____

Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Zip: _________

FOR OFFICE USE ONLY:
Date: __________

Location: _________________

Volunteers: _ _ _ _ _,Hours: _ __        Signature: _____________

Time: ________

Staff Present: ____________




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                                           EXHIBIT 6 CONT'D


                            PROJECT TITLE: _ _ _ _ _ _ _ _ _ __


        PROJECT NUMBER: _____________

        PROJECT NAME: ______________

        PROJECT DATE: ______________

        1. 	      A.      SITE LOCATION: ____________________

                  B.      SITE COUNTY: _____________________

        2. 	      TYPE OF PROJECT:

                  Q    Thinning

                  Q    Chipping

                  Q    Lumber

        3.        CONTACT PERSON: ______________,PHONE: ________
                  Add~ss:    _________________________________________

        4. 	      COOPERATING ORGANIZATIONS: _ _ _ _ _ _ _ _ _ _ __

        5. 	      AGENCY PERSONNEL: ____________________________

        6. 	      VOLUNTEERS:        #Vol.._ _ X Hours           X$          *=$

        7. 	      TECHNICAL SUPPORT: Hours             X$            *=$

        8. 	      COST: _____ No. _______X                       =$
                         _ _ _ _ _No. _ _ __ X                  =$
                         _ _ _ _No. ______ X                     =$

        9.        COMMENTS: 

        PREPARED BY: ______________________ DATE: __________ 


*Rate set annually by EMNRD Forestry Division.




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                             EXHIBIT 6 CONT'O


                PROJECT TITLE: _ _ _ _ _ _ _ _ _ _ __

                         VOLUNTEER TIME SHEET
DATE: _______________
NAMEOFPERSON/GROUP: _______________________________

NO, OF VOLUNTEERS: ________ 

CONTACTPERSON: __________________ TELEPHONE: ______________ 

ADDRESS: __________________________________________________ 


NO, OF HOURS WORKED: _ __ 

TYPE OF PROJECT: ________________________________________ 

ADDITIONAL INFORMA1'ION: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __




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                                              EXHIBIT?
                             [INSERT VENDOR REMIT TO NAME/ADDRESS]
                                    CERTIFICATE FOR PAYMENT
                                  Project Title: ~:--_ _ _ _ _ _ __
                                         Project Number: _-_-_
                                               [Remit to address]


Contract No.: _ _ _ _ _Billing No.:_ _ _ Billing Date_ _Terminate: _ _ _ __
Accomplishment:                  No. Acres:           No. Projects: _ __

Billing represents work completed beginning (date) _ _ _ _through (date): _ _ _ __


ITEM      MATERIAL OR WORK PERFORMED GRANT                       $ DUE THI~         PREVIOUS BALANCE
NO.                                  AMOUNT                      BILLING            BILLINGS REMAINING

1. 	      Contractual Services                    $

2. 	                                              $

3. 	                                             $

4. 	                                             $

           Sub-Total                             $

          TOTAL CONTRACT                         $

CERTIFICATION

/ hereby certify that the work described herein has been performed and that no previous payment
for the Total Amount Due this Statement, as shown above, has been received.
By. 	                                                 By: ______________                       ~-_



        EMNRD Forestry Division Project Manager                Authorized Project Representative

Date: _ _ _ _ _ _ __




Rev. 04-05-10 	                                26

				
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