REQUEST FOR APPLICATIONS

ISSUED BY THE STATE OF NEW MEXICOENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

FOR HAZARDOUS FUELS MITIGATION PROJECTS

ARTICLE I. STATEMENT OF WORK AND ELIGIBILITY REQUIREMENTS

The New Mexico Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Division) is seeking Applications for the planning and implementation of hazardous fuels mitigation projects that will reduce the fire threat in Wildland Urban Interface (WUI) areas in New Mexico. Funding will be awarded through a competitive process administered by the Western Wildland Fire Protection Committee (WWFPC), with emphasis on hazardous fuel reduction, information and education, and community and homeowner action. The Division plans to award multiple contracts as a result of this Request for Applications (RFA).

Eligible Applicants are governmental entities, including tribes and pueblos, which are located within an existing approved Community Wildfire Protection Plan (CWPP) or Forest Action Plan area, and which are surrounded by hazardous forest fuels that pose a threat in the event of a wildland fire.

The Division may consider projects not funded through the WWFPC process for other federal and state hazardous fuels reduction funding that may become available. Each Application is limited to $300,000.00. EMNRD encourages communities that are new to the program and small projects under $75,000.00 to apply. Nationally, 25% of available grant funds may be awarded to new projects.

Successful Applicants must provide a non-federal cash or in-kind match of 50%.

For example: Grant Share $300,000 (50%)In-Kind $300,000 (50%)Total $600,000 (100%)

Grant Share In-Kind In-Kind In-Kind TOTAL$300,000 $300,000

Contributors Applicant Landowner OtherDollarsHard Match

$150,000 $100,000 $250,000

Soft Match $50,000 $50,000

Total $300,000 $150,000 $100,000 $50,000 $600,000

Types of expenditures eligible for coverage by the U.S. Departments of Agriculture and the Interior National Fire Plan in 2020 include labor, supplies, travel, and materials. Purchases of land, equipment, and buildings are not eligible expenditures.

Applications shall consider all elements required to implement on the ground treatments, including assessment/scoping, planning, information/education, implementation/treatment, monitoring/evaluation, and acquisition of the necessary permits and consultations to complete the project.

The 10-year Comprehensive Strategy of the National Fire Plan focuses on assisting people and communities in WUI areas to moderate the threat of catastrophic fire through the four broad goals of improving prevention and suppression, reducing hazardous fuels, restoring fire-adapted ecosystems, and promoting community assistance. This funding opportunity provides successful Applicants financial assistance for hazardous fuels and educational projects furthering those four goals.

The Division shall evaluate and prioritize Applications on a competitive basis addressing one or more of the following goals. These goals may be complementary to one another. Applicants are encouraged to identify local needs and submit Applications using one or a combination of the WWFPC goals listed below. Needs in any community depend on local fuels, topography, organization, public knowledge of the issues, and the will to address the issues.

Goal #1 – Improve Prevention:

Reduce the risks to homes and private property through expanded outreach and education about wildfire prevention through the use of programs such as Firewise®. Homeowners and local governments bear much of the responsibility for improving the defensibility of homes in the interface, but may lack the knowledge and information regarding what needs to be done and how to do it. Additionally, they may lack the experience and expertise to deliver educational outreach programs to individuals and communities. Types of projects include: development, printing, and distribution of fire prevention educational materials by partnering between homeowners, communities, insurance companies, and government agencies; “Living with Fire” newspaper inserts; fire education components to Project Learning Tree; and the Firewise® programs.

Goal #2 – Reduce Hazardous Fuels:

Fuel reduction projects and vegetation removal projects, such as those that remove or modify fuels in or adjacent to WUI development treatments, have been identified in a CWPP as a means of mitigating wildfire hazards. Effective fuels mitigation treatments can be implemented across jurisdictional boundaries, on adjoining projects on state, federal, and private lands or within the respective communities. The overall purpose is to modify or break up the fuels in such a way as to lessen catastrophic fire and its threat to public and firefighter safety and damage to property. RFA responses shall consider all elements required to implement treatments on the ground, including acquiring the necessary permits, consultations needed to complete plans and assessments, and inspections of treatments. Types of projects include: defensible space around homes and structures, shaded fuel breaks, fuels reduction beyond defensible space, and slash removal (including piling, burning, mulching, grinding, etc.)

Goal #3 – Restore Fire-Adapted Ecosystems:

Millions of acres of forest and rangeland face high risks of catastrophic fire due to deteriorating ecosystem health and drought. One way to prevent future large, catastrophic wildfires from threatening communities is by carrying out appropriate treatments (such as prescribed burning or thinning) to restore and rehabilitate forest and grassland health in and adjacent to the WUI. Such treatments have reduced the severity of wildfires, and may have additional desirable outcomes, such as providing sustainable environmental, social, and economic benefits. Projects require planning, consultation, design, and sometimes contracting and may take several years to fully implement. Monitoring and evaluating effectiveness of treatments is usually necessary. Types of projects include: fuels reduction beyond defensible space; removal of slash (including piling and burning, mulching, pruning and grinding); general thinning; prescribed fire; and promoting the establishment of native plants.

Goal #4 – Promote Community Assistance:

Creating conditions in and around individual structures that will limit the transmission of fire from wildfire to structures is basic to reducing the fire hazard in the WUI and is the responsibility of homeowners and communities. Types of projects include: homeowner association sponsored fuels reduction projects; municipal, fire district, or county coordination of slash disposal; and multi-jurisdictional hazard reduction projects.

EMNRD will give priority to activities that tie back to an established CWPP. CWPPs are created by local communities and may address issues such as wildfire response, hazard mitigation, community preparedness, structure protection, or a combination of the above. The process of developing these plans can help a community clarify and refine its priorities for the protection of life, property, and critical infrastructure in the wildland-urban interface. The Healthy Forest Restoration Act minimum requirements for a CWPP are: 1) Collaboration (must be developed by local, state, and tribal government representatives in collaboration with federal agencies and other interested parties); 2) Prioritized Fuel Reduction (plan must identify and prioritize areas for hazardous fuel reduction treatments and recommend the types and methods of treatment); and 3) Treatment of Structural Ignitability (must recommend measures that homeowners and communities can take to reduce the ignitability of structures throughout the area addressed in the plan). A copy of the CWPP handbook can be found at http://www.safnet.org/policyandpress/cwpphandbook.pdf

ARTICLE II. CONTRACT DURATION

The contract period shall extend from the date of contract approval by EMNRD for two years, with a possible extension of one year, if the successful Applicants show substantial progress.

ARTICLE III. CONTRACT TERMS

EMNRD may award contracts in accordance with the terms of the attached draft Governmental Services Agreement (Exhibit A) or Memorandum of Agreement (Exhibit B), the Application (Exhibit C), and this RFA.

ARTICLE IV. ADMINISTRATIVE REQUIREMENTS

A. Applicants shall examine all contract documents, noting particularly all stipulations that in any way affect contract work. Failure of an Applicant to acquaint itself fully with the amount and nature of the work required to fulfill all terms of the contract documents shall not be considered as a basis for extra compensation after a contract has been awarded.

B. If an Applicant finds discrepancies, omissions, or ambiguities in the contract documents, it will at once notify EMNRD, which will send written corrections or explanations to all Applicants. EMNRD will not be responsible for any oral instructions.

C. If an Applicant’s proposal substantially adds to, subtracts from, or otherwise changes this RFA’s provisions, the Application shall be void.

D. Applicants must certify that all entities responsible for authorizing Applicant’s activities have agreed that the Application should be submitted as written.

E. Applicants must certify that funds awarded to the Applicant by EMNRD through any contract issued pursuant to this RFA will not be used to supplant funds that the Applicant may have at its disposal from other sources.

F. Applicants must indicate acceptance of terms required by this RFA in a transmittal letter signed by the individual with authority to bind the entity to these requirements.

G. Office of Management and Budget requirements have been updated to assist in strengthening oversight of federal funds to reduce risks of waste, fraud, and abuse.  According to the federal guidelines (2 C.F.R. Part 200), the Division is responsible for assuring compliance with federal statutes, regulations, and the terms and conditions of the federal award through subrecipient monitoring and risk assessment (§200.331).  All Applicants are required to complete the Financial Capability Checklist (Exhibit D) and return the form with their Application.

ARTICLE V. APPLICATION FORMAT, CRITERIA, AND EVALUATION

Applicants shall submit a completed Application (Exhibit C) to this RFA. Each Applicant may submit only one Application. EMNRD shall evaluate Applications based on how the project categories correlate with Applicant and project eligibility requirements, given 45 possible points as specified below. In addition, the Division may rank applications by

Forestry Division districts to assure an equitable geographic distribution statewide.

The Division will determine the eligibility of all Applicants by completing the Federal Eligibility Check List (Exhibit E). Applicants who are not in compliance with the Federal Eligibility Check List will be removed from consideration for funding. The Division shall then score all Applicants who are in compliance with the Federal Eligibility Check List using the 2019 Western States Fire Managers (WSFM) Grant Review Check List and Review Aide (Exhibit F). The highest possible score is 45.

ARTICLE VI. CONTACT PERSON AND APPLICATION DEADLINE

Questions regarding this RFA shall be addressed to: Andrew Frederick, Resource Management Bureau Chief, EMNRD, Forestry Division, Wendell Chino Bldg., 1220 S. St. Francis Drive, Santa Fe, N.M., 87505, Telephone: (505) 476-3343.

Applicants must use Exhibit C to submit their Applications. Applicants may download this form from EMNRD’s Forestry Division web site: http://www.emnrd.state.nm.us/SFD/RFPs/RFPMain.html. Upon request, the Division will provide a copy of the Application on a disk.

All Applications must be printed on white 8.5 X 11” paper. Applicants must also submit an electronic MS Word or Word compatible copy of the completed Application on a CD/DVD drive or a USB flash drive. Applicants shall submit the CD/DVD or flash drive, one paper original, and four identical paper copies of the Application at the address above no later than 4:30 p.m., Mountain Daylight Time, April 12, 2019. All information pertaining to the project must be included in the Application, and accompanied by a cover letter signed by an individual with authority to bind the Applicant to the terms of this RFA. Absolutely no exceptions will be made for Applications not received at the above location by the appointed time. Applications MAY NOT be sent by facsimile or e-mail.

ARTICLE VII. NOTICES

The Division shall rank New Mexico Applications and submit them to the WWFPC Grant Committee, which shall make Application selections in mid-June 2019. Award of agreements is contingent upon sufficient appropriations and authorization being made by the U.S. Department of Agriculture and the State of New Mexico.

The Division may conduct discussions may be conducted with Applicants who submit Applications, but may also accept Applications without such discussions.

Applicants must factor in Governmental Gross Receipts Tax (GGRT) costs as part of their responses where applicable. Any response that does not clearly indicate GGRT is included in the cost section may be deemed non-responsive and rejected.

This RFA may be cancelled and any and all proposals may be rejected when it is in the

best interest of the State of New Mexico.

Exhibit A

STATE OF NEW MEXICOGOVERNMENTAL SERVICES AGREEMENT

BETWEEN THEENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

ANDCONTRACTOR

THIS AGREEMENT is made and entered into by and between the State of New Mexico Energy, Minerals, and Natural Resources Department (EMNRD) and (Insert Contractor name. Remove this instruction.) (Contractor).

THE PARTIES MUTUALLY AGREE:

1. Scope of Work: Contractor shall:

(Insert description of work. Remove this instruction.)

Contractor shall also provide brief written progress reports to EMNRD on a (weekly, bi-weekly, monthly, quarterly, annual, with each request for payment/reimbursement or some other time frame) basis. (All contracts must have reporting requirements, or the program manager must justify the lack of reports in a written memo to the file for auditing purposes.)

2. Compensation: (For paragraph A, select option 1, 2, 3 or 4)

Option 1: Work Product. If you choose this option, remove this Option 1 heading and remove the optional Paragraph As below.

A. EMNRD shall pay Contractor for services satisfactorily performed pursuant to the Scope of Work and as specified below. This amount shall not exceed _______________________________ ($ ______________), including New Mexico gross receipts taxes, and any travel, if necessary, pursuant to Paragraphs B and C of this Compensation Section. EMNRD shall make payment upon the satisfactory and timely completion of the work described in the Scope of Work and for no more than the maximum amount set forth below for each deliverable:

(Insert deliverables/payment schedule here. Remove this instruction)

This amount is a maximum and not a guarantee that the work assigned to be performed by Contractor under this Agreement shall equal the amount stated herein or the amounts state per task. The parties do not intend for the Contractor to continue to provide services without compensation when the total compensation amount is reached. Contractor is responsible for notifying EMNRD when the services provided under this Agreement reach the total compensation amount. In no event shall the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. EMNRD MUST receive all invoices no later than 15 days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date SHALL NOT BE PAID.

Option 2: Lump Sum Amount Upon Completion of All Work. If you choose this option, remove

Paragraph B of this Compensation Section as well and re-letter successive paragraphs accordingly. Remove the paragraph above it. Remove this Option 2 heading.

A. Upon satisfactory completion of services, EMNRD shall pay Contractor for services satisfactorily performed pursuant to the Scope of Work in an amount not to exceed _______________________($____________), which amount includes New Mexico gross receipts taxes, and any travel, if necessary, pursuant to Paragraphs B and C of this Compensation Section. In no event shall the Contractor be paid for services provided in excess of the total compensation amount without this Agreement being amended in writing prior to those services in excess of the total compensation amount being provided. EMNRD MUST receive all invoices no later than 15 days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date SHALL NOT BE PAID.

Option 3: Time and Materials. If you choose this option, remove this Option 3 heading and the paragraphs above it.

A. EMNRD shall pay Contractor for services rendered and amount not to exceed ____________________ ($ _________________) per (hour, day, week, month), such compensation not to exceed ___________________($ _______________) in total, which amount includes gross receipts taxes and travel as shown in Paragraphs B and C of this Compensation Section. EMNRD shall reimburse Contractor for the cost of materials necessary under this Agreement for an amount not to exceed ____________ ($_______________). This amount is a maximum and not a guarantee that the work assigned to Contractor under this Agreement to be performed shall equal the amount stated herein. EMNRD MUST receive all invoices no later than 15 days after the termination of the Fiscal Year in which the services were delivered. Invoices received after such date SHALL NOT BE PAID. Payment shall not relieve the Contractor of any unperformed obligations under the Scope of Work.

B. EMNRD shall pay such travel expenses as may be incurred in, and that are necessary for, this Agreement’s performance at the rates established in the New Mexico Per Diem and Mileage Act, NMSA 1978, §§ 10-8-1, et seq. as implemented by the current Department of Finance and Administration (DFA) rule and the current EMNRD travel policy.

C. Contractor shall be responsible for paying New Mexico Governmental Gross Receipts taxes levied on amounts payable under this Agreement.

D. Contractor must submit detailed statements accounting for all services performed, goods obtained, and expenses incurred. (Vouchers must be supported by approved purchase order or equivalent document and invoice by the supplier, evidencing the propriety of each claim for payment. Wage amounts charged shall be based upon payrolls maintained by Contractor and must be supported by time and attendance sheets.) If EMNRD finds that the statement, services, goods, or expenses are not acceptable, within 30 days after the date of receipt of (i) written notice from the Contractor that payment is requested, and (ii) all supporting documentation, EMNRD shall provide the Contractor a letter of exception explaining the defect or objection to the statement, services, goods, or expenses, and outlining steps the Contractor may take to provide remedial action. Upon EMNRD’s certification that the statement, supporting documentation, services, goods, or expenses have been received and accepted, EMNRD shall tender payment to the Contractor within 30 days after the date of acceptance. If payment is made by mail, the payment shall be deemed tendered on the date it is postmarked. However, EMNRD shall not incur late charges, interest, or penalties, for failure to make payment within the time specified herein.

Option 4: Advance of Funds. If you choose this option, remove all the previous choices. Remove this Option 4 heading.

A. Within XX days following this Agreement’s effective date, EMNRD shall transfer to Contractor _____________ ($ _________________), which shall include New Mexico Governmental Gross Receipts Taxes, for completion of the Tasks described in the Scope of Work above. Payment shall not relieve Contractor of any unperformed obligations under the Scope of Work.

B. Upon expiration or termination of this Agreement, if either party has property or funds in its possession belonging to the other, it shall return the property or funds in proportion to the parties' original contribution.

C. Contractor shall be responsible for paying New Mexico Governmental Gross Receipts taxes levied on amounts payable under this Agreement, if applicable.

3. Term: This Agreement becomes effective when executed by an authorized representative of Contractor and of EMNRD and when DFA encumbers funds for this Agreement. It shall terminate on (Insert date) unless earlier terminated pursuant to Section 4, Termination, or Section 5, Appropriations, below.

4. Termination: Either party may terminate this Agreement upon written notice delivered to the other at least 10 days prior to the intended termination date. By such termination, neither party may nullify or avoid any obligation required to have been performed prior to termination.

5. Appropriations: This Agreement’s terms are contingent upon the New Mexico State Legislature (option - and insert name of federal funding agency) granting sufficient appropriation and authorization. If sufficient appropriation or authorization is not granted, EMNRD may terminate this Agreement, or in the alternative suspend performance pending approval of sufficient appropriation or authorization, upon written notice from EMNRD to Contractor. EMNRD’s decision as to whether sufficient appropriations are available shall be at its sole and absolute discretion and shall be final, binding, and accepted by Contractor.

Option: If Contractor is another state agency, revise this section to reflect Contractor is not an EMNRD employee. Remove this instruction.)

6. Status of Contractor: The Contractor and its agents and employees are independent contractors performing professional services for EMNRD and are not employees of the State of New Mexico. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the State of New Mexico as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are reportable by the Contractor for tax purposes, including without limitation, self-employment and business income tax. The Contractor agrees not to purport to bind the State of New Mexico unless the Contractor has express written authority to do so, and then only within the strict limits of that written authority.

7. Assignment: Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without EMNRD’s prior written approval.

8. Subcontracting: Contractor shall not subcontract any portion of the services to be performed under this Agreement or obligate itself in any manner to any third party, with respect to any rights or responsibilities under this Agreement, without EMNRD’s prior written approval. EMNRD may disallow costs incurred by the Contractor in relation to a subcontract if Contractor does not obtain prior written approval.

Option: Include A and B if you are using federal funds for the work of this contract. Remove this instruction.

A. Contractor is required to provide EMNRD with evidence of competitive procurement for any subcontract, including records of advertisement of bid, proposals received, and methods to select each subcontractor.

B. Any subcontract agreement shall include all provisions necessary to allow Contractor to meet its obligations and requirements under this Agreement and all provisions required by law.

Option: Include subparagraph below if subcontractor will be reimbursed for travel expenses. Remove instruction.

C. Travel expense reimbursement requested for subcontractors, if applicable, shall be reimbursed in accordance with rates established in the New Mexico Per Diem and Mileage Act, NMSA 1978, § 10-8-1 et seq., as implemented by the current DFA Rule and EMNRD Travel Policy.

9. Release: Final payment of the amounts due under this Agreement shall operate as a release of EMNRD, its officers, and employees, and the State of New Mexico from all liabilities, claims, and obligations whatsoever arising from or under this Agreement.

10. Confidentiality: Any confidential information provided to or developed by Contractor in the performance of this Agreement shall be kept confidential and shall not be made available by Contractor to any individual or organization without EMNRD’s prior written approval.

11. Product of Services; Copyright: All materials developed or acquired by Contractor under this Agreement shall become the State of New Mexico’s property and be delivered to EMNRD no later than this Agreement’s expiration date. Nothing Contractor produces, in whole or in part, under this Agreement shall be the subject of a copyright application or other claim of ownership by or on behalf of Contractor.

12. Conflict of Interest; Governmental Conduct Act: Contractor warrants that it presently has no interest and that it shall not acquire any interest, direct or indirect, which would conflict in any manner with performance or other services required under this Agreement. Contractor certifies that all applicable provisions of the requirements of the Governmental Conduct Act, NMSA 1978, §§ 10-16-1 through –18, including provisions related to contracting with, or employing, public officers, legislators, state employees, or former state employees, have been followed.

13. Amendment: This Agreement shall not be altered, changed, or amended except by written instrument executed and approved by the parties hereto.

14. Merger: This Agreement incorporates all the agreements, covenants, and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understanding, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless as embodied in this Agreement.

15. Penalties for Violation of Law: The Procurement Code, NMSA 1978, §§ 13-1-28 through 13-1-199, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

16. Equal Opportunity Compliance: Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, the Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, spousal affiliation, sexual orientation, or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

17. Applicable Law: The laws of the State of New Mexico shall govern this Agreement, without giving effect to New Mexico’s choice of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with NMSA 1978, § 38-3-1(G). By execution of this Agreement, Contractor acknowledges and agrees to the exclusive jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.

18. Records and Audit:

A. The Contractor shall maintain detailed time and expenditure records that indicate the date, time, nature, and cost of services rendered during the Agreement’s term and effect and retain them until six years after the termination date specified in Section 3, Term. These records shall be maintained and available within the State of New Mexico if the Contractor has an office within the state; otherwise, Contractor shall make such records available to EMNRD within 10 days upon EMNRD’s request. During this time, such records shall be subject to inspection by EMNRD, DFA and the State Auditor (and insert name of federal funding agency). Contractor further agrees to include in all subcontracts hereunder the same right of inspection and audit against all subcontractors. EMNRD shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose EMNRD’s right to recover excessive or illegal payments. The periods of inspection and audit may be extended for records, which relate to litigation or settlement of claims arising out of performance of this Agreement (and costs and expenses related to this Agreement for which exception is under consideration by insert name of federal funding agency or any authorized representative) and shall continue until all potential litigation, appeals, claims, or exceptions have expired or been resolved.

Option: Are you using federal funds to pay for this contract? If yes, you must make a determination whether your provider is a subrecipient or a contractor. If you determine your provider is a subrecipient, you need to include the following paragraph in your contract. If you

determine your provider is a contractor, the requirements do not apply and you will remove this this paragraph. Delete this instruction.

B. If Contractor receives $750,000 or more in federal funding from all sources in the aggregate in a fiscal year, Contractor’s financial records involving services and procurement under this Agreement shall be audited annually pursuant to all federal, state and local government audit requirements, and in accordance with the Single Audit Act Amendments of 1996, 2 C.F.R. 200, Subpart F – Audit Requirements, OMB Circular Compliance Supplement and Government Auditing Standards, as prescribed by the Single Audit Act of 1984, or any subsequent OMB Circular. Contractors who do not meet the $750,000 audit threshold (Tier 7), must complete the State of New Mexico – Office of the State Auditor Certification Form for Tier 1 and Tier 2, or the Office of the State Auditor Agreed Upon Procedures (Tiers 3-6) in accordance with the Audit Act, NMSA 1978, §§ 12-6-1 through 12-6-14, and 2.2.2.16 NMAC, Annual Financial Procedures Required for Local Public Bodies with Annual Revenues Less than Five Hundred Thousand Dollars. In order to comply with state audit requirements, Contractors shall have one of the above-mentioned Forms or Agreed Upon Procedures on file with the Office of the State Auditor. Contractor shall provide EMNRD with a copy of the independent financial audit, either in hard copy format or on disk, no more than 45 days after the audit’s completion for each fiscal year this Agreement is in effect.

19. Liability: Neither party shall be responsible for liability incurred as a result of the other party’s acts or omissions in connection with this Agreement. Any liability incurred with this Agreement is subject to the immunities and limitations of the New Mexico Tort Claims Act, NMSA 1978, §§ 41-4-1, et seq., as amended.

20. Procurement, Utilization, and Disposition of Property: Contractor shall report acquisition of any capital property (property with an expected life of at least one year) to EMNRD within one month following the acquisition. If upon termination of this Agreement Contractor has any property in its possession belonging to EMNRD, Contractor shall account for the property and dispose of it as EMNRD directs. (Option: If federal funding is involved include the following statement. Otherwise remove it and this instruction) All property acquired by the Contractor or procured under this Agreement shall be used and disposed of in accordance with [insert federal funding agency’s name] regulations governing disposal of property.

21. Invalid Term or Condition: If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable.

22. Enforcement of Agreement: A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict performance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no waiver of a specified right by a party shall be effective to waive any other rights.

23. Notice: Except as otherwise specified herein, all notices hereunder shall be in writing (including, without limitation, notice by facsimile) and shall be given to the relevant party at its address or facsimile number set forth below, or such other address or facsimile number as such party may hereafter specify by notice to the other given by courier, by United States certified or registered mail, by facsimile, or by other telecommunication device capable of creating a written record of such notice and its receipt.

To EMNRD:

(insert position title and address of project manager)

Assistant General CounselEMNRD – Office of the Secretary1220 S. St. Francis DriveSanta Fe, NM 87505

To the Contractor:

(insert name, address and e-mail)

To Risk Management Division:

Risk Management DivisionGeneral Services DepartmentP.O. Drawer 26100Santa Fe, NM 87502-0110

24. Authority: If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of Contractor represent and warrant that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor or any other entity is necessary to enter into a binding contract.

Option: Include the following if acknowledgment required. If not, remove this section and renumber successive accordingly. Remove this instruction.

25. Acknowledgment: Contractor shall acknowledge EMNRD (option - and insert name of federal funding agency) as a co-sponsor and funding source in all news releases, programs, proceedings and related publicity/publications for the Project.

26. Attorney’s Fees and Costs: Contractor agrees that if a court of competent jurisdiction finds Contractor has breached this Agreement, or amendments hereto, or to have committed any tortious act relating to this Agreement’s scope, EMNRD may recover from Contractor reasonable attorneys’ fees and costs in connection with litigation brought to obtain the judicial determination and to collect any judgment.

27. Minimum Wage Rate: If applicable, Contractor shall comply with minimum wage rates as established by the New Mexico Department of Workforce Solutions, Labor Relations Division, and with all other applicable requirements of that Department, including posting of the wage rates in a prominent location on the site for hiring and performing of this Agreement.

28. Compliance with Law and Funding Source Conditions:

A. Contractor shall comply with all applicable state and federal statutes, regulations or rules, including without limitation those imposed as a consequence of funding pursuant to this Agreement.

(If you are using federal funds to pay for the work of this agreement, the following clauses must be included. If you are using non-federal funding, delete the clauses and this

instruction.)

B. Contractor shall comply with 2 C.F.R. Sections 200.318 through 200.326 for procurement conducted pursuant to this Agreement.

C. Contractor and Contractor’s employees shall not read or view a text message or manually type on a handheld mobile communication device for any purpose while driving a motor vehicle in connection with this Agreement, except to summon medical or other emergency help, or unless that device is an amateur radio and the driver holds a valid amateur radio operator license issued by the Federal Communications Commission.

D. Contractor shall not award subcontracts to parties listed on the governmentwide exclusions in the federal System for Award Management (SAM), in accordance with OMB guidelines that implement federal Executive Orders 12549 (3 C.F.R. page 1986, Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), “Debarment and Suspension.” SAM exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regularity authority other than Executive Order 12549.

E. If applicable, Contractor must comply with Section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the U.S. Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the items exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

F. If the value of this Agreement exceeds $100,000, Contractor shall comply with the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352) regarding the limitations of use of appropriated funds to influence certain federal contracting and financial transactions.

G. If this Agreement is valued at more than $150,000, Contractor shall comply with all applicable standards orders or requirements issued under the federal Clean Air Act (42 U.S.C. § 7401 et seq.); Clean Water Act (33 U.S.C. § 1251 et seq.); Executive Order 11738 (Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act With Respect to Federal Contracts, Grants, or Loans); and EPA regulations.

Option: If agreement is with a state agency do not include the following provision because all state agencies are covered by Risk Management Division. Remove this Section (and this instruction) and renumber successive sections accordingly. If agreement is with a county, municipality, state university or public school, determine whether it has insurance coverage. If it does, keep the following. If the county, municipality, state university or public school does not have coverage, discuss the situation with legal as to how it should be addressed. Remove these instructions.

29. Insurance Coverage: Contractor shall provide EMNRD a statement indicating that the activities described in the Scope of Work are covered by insurance as set forth below, secured in accordance with any method allowed by applicable law, including self-insurance,

pooling of self-insured reserves, or insurance provided by a third party, prior to commencing work under this Agreement. Contractor shall maintain continuous coverage of the activities described in the Scope of Work, so long as this Agreement is in effect. Failure to maintain such coverage is reason for immediate termination of this Agreement. Contractor shall notify EMNRD prior to cancellation or expiration of any insurance required under this Agreement.

A. Worker’s Compensation protection that complies with the requirements of the New Mexico Worker’s Compensation Act, NMSA 1978, §§ 52-1-1, et seq., if applicable. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, EMNRD may terminate this Agreement.

B. Comprehensive public liability protection covering property damage and personal injury liability that may arise under this Agreement and any amendments hereto, in amounts equal or greater than liability limits set forth in NMSA 1978, § 41-4-19, as it may be amended from time to time.

IN WITNESS WHEREOF, the parties hereto have herein below executed this Agreement.

STATE OF NEW MEXICO, ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

By: Date:Cabinet Secretary or Designee

CONTRACTOR NAME

By: Date:Authorized Representative Signature

Printed Name and Title

Exhibit B

MEMORANDUM OF AGREEMENTBETWEEN THE

NEW MEXICO ENERGY, MINERALS ANDNATURAL RESOURCES DEPARTMENT

ANDENTITY NAME

THIS MEMORANDUM OF AGREEMENT (MOA) is made and entered into by the New Mexico Energy, Minerals and Natural Resources Department (EMNRD) and _______________________________ (Contractor). (Use next sentence only if applicable. Otherwise delete it, and delete this instruction.) This MOA supersedes and terminates SHARE JPA _________________________ (EMNRD No. ______________________________).

WHEREAS, EMNRD from time to time receives funds from the State of New Mexico (State) and United States Department of Agriculture (USDA) to mitigate the threat of wildland fire and improve forest and watershed health; and

WHEREAS, EMNRD and the Contractor desire to enter into this Agreement for administrative efficiency so that the projects detailed in individual approved Project Work Plans can be carried out through a single program,

NOW, THEREFORE, IT IS MUTUALLY AGREED BETWEEN THE PARTIES THAT THE METHOD BY WHICH THIS PURPOSE SHALL BE ACCOMPLISHED IS AS FOLLOWS:

1. Both parties agree as follows:

A. Wildland Urban Interface (WUI) and Hazardous Fuels Reduction (HAZ) Grant Programs projects or other fuels reduction projects conducted under this Agreement shall involve work that emphasizes improving watershed areas on public and private land, the development of defensible space for individual homeowners, development of fuel breaks along common boundaries between private and public land, and assisting with thinning of individual lots and subdivision groups. There may be multiple projects conducted as part of this Agreement. Each project to be conducted under this Agreement shall follow the attached Project Work Plan (Exhibit A), as may be amended from time to time.

B. Contractor shall perform no work until the Project Work Plan is in place and EMNRD, acting through its Forestry Division (Division), issues in writing a Notice to Proceed.

2. Contractor shall:

A. Consult with EMNRD and request the work to be performed based upon the needs of Contractor to improve natural resources on Contractor’s lands through the performance of natural resource restoration. Such work shall be performed in those areas that have the greatest impact on mitigating the threat of wildfires and improving forest and watershed health. Contractor shall coordinate its projects with activities being conducted by other entities where feasible.

B. Prepare a Proposed Project Work Plan (Exhibit A) for each individual

project for consideration and approval by EMNRD.

C. Provide a written activity report of work completed as set forth in the Project Work Plan.

D. Provide EMNRD with invoices for payment supported by detailed certified statements of account documenting the services rendered for each payment as necessary but no more frequently than on a weekly basis.

3. EMNRD shall:

A. Either:

1) reimburse Contractor out of federal grant or state funds for all reimbursable costs incurred under this Agreement for materials and labor in an amount not to exceed the limit set in each approved Project Work Plan;

2) transfer to Contractor grant funds for materials and labor in an amount not to exceed the limit set forth in each approved Project Work Plan for the purpose(s) described in Section 1 above;

3) pay directly to a subcontractor, under contract to EMNRD and approved by Contractor for all costs incurred under this MOA for materials and labor in an amount not to exceed the limit set in each approved Project Work Plan; or

4) perform the work itself using inmate work crews, or other Division employees, and retain funds.

If EMNRD chooses option 3 or 4, it shall obtain Contractor’s prior written approval to conduct the project, either by letter from Contractor or by securing Contractor’s approval signature on the Project Work Plan.

EMNRD shall indicate the financial mechanism chosen for project (i.e. reimbursement, transfer of funds, or direct payment) in an approved Project Work Plan. Additionally, reimbursement is contingent upon Contractor expending matching funds, as set forth in each Project Work Plan. The matching amount shall be determined by EMNRD and documented in the Project Work Plan.

B. Make all disbursements for costs by voucher supported by approved purchase order or equivalent document and invoice from Contractor evidencing the propriety of each payment. Amounts charged for personal services will be based on payrolls maintained by Contractor and supported by time and attendance sheets.

C. Provide overall guidance on goals and objectives for forest insect and disease and forest health program activities on state and private lands in New Mexico.

D. Inspect project implementation and certify work as being in compliance with each Project Work Plan.

4. Term: This Agreement becomes effective on EMNRD’s signature and shall

continue indefinitely unless earlier terminated pursuant to Section 5, Termination, or Section 6, Appropriations, below.

5. Termination: Either party may terminate this Agreement upon written notice delivered to the other at least 10 days prior to the intended termination date. By such termination, neither party may nullify or avoid any obligation required to have been performed prior to termination.

6. Appropriations: The terms of this Agreement are contingent upon the New Mexico State Legislature and USDA granting sufficient appropriation and authorization for the performance of this Agreement. If sufficient appropriation or authorization is not granted, either party may terminate this Agreement, or suspend performance pending approval of sufficient appropriation or authorization, upon written notice from one to the other. Either party’s decision as to whether sufficient appropriations are available shall be final, binding and accepted by the other.

7. Subcontracting: Contractor shall not subcontract any portion of the services it performs under this Agreement or obligate itself in any manner to any third party, with respect to any rights or responsibilities under this Agreement, without EMNRD’s prior written approval.

A. Contractor is required to provide EMNRD with evidence of competitive procurement for any subcontract, including records of advertisement of bid, proposals received and methods to select each subcontractor

B. Any subcontract shall include provisions necessary to allow Contractor to meet its obligations and requirements under this Agreement.

8. Strict Accountability for Receipts and Disbursements:

A. Contractor shall be strictly accountable for receipts and disbursements relating hereto and shall make all relevant financial records available to EMNRD, the Department of Finance and Administration, the New Mexico State Auditor, and USDA upon request, and shall maintain all such records for three years after the funding for each individual approved Project Work Plan has expired or has been terminated.

B. If Contractor receives $750,000 or more in federal funding from all sources in the aggregate in a fiscal year, Contractor’s financial records involving services and procurement under this Agreement shall be audited annually pursuant to all federal, state and local government audit requirements, and in accordance with the Single Audit Act Amendments of 1996, 2 C.F.R. 200, Subpart F – Audit Requirements, OMB Circular Compliance Supplement and Government Auditing Standards, as prescribed by the Single Audit Act of 1984, or any subsequent OMB Circular. Contractors who do not meet the $750,000 audit threshold (Tier 7), must complete the State of New Mexico – Office of the State Auditor Certification Form for Tier 1 and Tier 2, or the Office of the State Auditor Agreed Upon Procedures (Tiers 3-6) in accordance with the Audit Act, NMSA 1978, §§ 12-6-1 through 12-6-14, and 2.2.2.16 NMAC, Annual Financial Procedures Required for Local Public Bodies with Annual Revenues Less than Five Hundred Thousand Dollars. In order to comply with state audit requirements, Contractors shall have one of the above-mentioned Forms or Agreed Upon Procedures on file with the Office of the State Auditor. Contractor shall provide EMNRD with a copy of the independent financial audit, either in hard copy format or on disk, no more than 45 days after the audit’s completion for each fiscal year this Agreement is in effect.

9. Disposition, Division, or Distribution of Property; Return of Surplus Funds: Upon expiration or termination of this Agreement, if either party has property or funds in its possession belonging to the other, it shall return the property or funds in proportion to the parties' original contribution.

10. Equal Opportunity Compliance: Contractor agrees to abide by all federal and state laws and rules and regulations, and executive orders of the Governor of the State of New Mexico, pertaining to equal employment opportunity. In accordance with all such laws of the State of New Mexico, Contractor assures that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, serious medical condition, spousal affiliation, sexual orientation, or gender identity be excluded from employment with or participation in, be denied the benefits of or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

11. Compliance with Funding Source Conditions: Contractor shall comply with all applicable state and federal statutes and rules and regulations the funding source imposes.

12. Insurance Coverage: By signing this Agreement, Contractor certifies that activities described in Section 1 above are covered by insurance as specified within this Section, secured in accordance with any method allowed by applicable law, including self-insurance, pooling of self-insured reserves, or insurance provided by a third party. Contractor shall maintain continuous insurance coverage as specified below of the activities described in Section 1 above so long as this Agreement is in effect. Failure to maintain such coverage is reason for this Agreement’s immediate termination. Contractor shall notify EMNRD prior to cancellation or expiration of any insurance required under this Agreement.

A. Worker’s Compensation protection that complies with the requirements of the New Mexico Workers’ Compensation Act, NMSA 1978, § 52-1-1, et seq., if applicable. If Contractor fails to comply with the Workers’ Compensation Act and applicable rules when required to do so, EMNRD may terminate this Agreement.

B. Comprehensive public liability protection covering property damage and personal injury liability that may arise under this Agreement and any amendments hereto, in amounts equal or greater than liability limits set forth in NMSA 1978, § 41-4-19, as it may be amended from time to time.

13. Amendment: This Agreement shall not be altered, changed, or amended except by instrument in writing executed by the parties hereto.

(This paragraph is optional. If the MOA is brand new, delete the paragraph and this instruction. If it is replacing an existing JPA, keep the paragraph and insert the number of the JPA being replaced. Delete this instruction.)

14. Existing Project Work Plans and Superseding of Existing Agreement: Any Project Work Plans approved under Joint Powers Agreement (Agreement) No. _______________________________ and not yet completed shall remain in full force and effect and shall be approved under this MOA as of the effective date of this MOA. The existing Agreement shall terminate upon the completion of the last existing Work Plan issued under that

Agreement.

IN WITNESS WHEREOF, the parties have herein set their hand.

STATE OF NEW MEXICO, ENERGY, MINERALS AND NATURAL RESOURCES DEPARTMENT

By: Date:Cabinet Secretary or Designee

INSERT ENTITY NAME

By: Date:Authorized Representative Signature

Printed Name and Title

MOA Exhibit A

Wildland/Urban Interface and Hazardous Fuels Reduction

Grant Programs Project Work Plan for: _________________________________

Project Number: ____________________________________________________

Project I.D. Funding: _________________________________________________

Entity Determination: ____________________________________________

Forestry Division Project Manager: _____________________________________

Project Title: _________________________________________________________

Project Coordinator: ___________________________________________________

Address: ____________________________________________________________

_____________________________________________________________

Telephone Number: _____________________ email: ________________________

NOTE: All projects shall comply with 19.20.4.9 NMAC and 2 C.F.R. Part 200, if federal funds are used.

The Energy, Minerals and Natural Resources Department (EMNRD), Forestry Division (Forestry Division) may extend task due dates by written notice to the Contractor as long as the Forestry Division is satisfied that sufficient progress is being made. Any other changes shall require a written amendment to the work plan, approved by the Forestry Division Director or designee, following EMNRD contract review.

I. PROJECT DESCRIPTION: Explain 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.

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

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

IV. BUDGET:PROJECT REVENUE

(Insert additional columns to table if needed. Delete this instruction prior to submitting work plan for review.)

NOTE: If you are requiring the Contractor to thin a mandatory number of acres in Sections I or II, make sure that the number of acres required multiplied by the highest thinning rate does not exceed the total amount available for Contractual Services for Thinning.

Match is not required for projects funded with state funds; however EMNRD reserves the right to apply funding from this Work Plan as match for other federal funded programs. The Contractor must disclose if funds from this Work Plan will be used as match for other federal funds to prevent Contractor and the Forestry Division from claiming match on mutual or similar projects. When federal funds are used, Contractor shall provide insert percentage of match required; if no match is required, insert N/A] % of match, unless the Forestry Division authorizes otherwise in writing. If the Forestry Division requires match for projects where federal funds are used, Contractor cannot use other federal funds for match. (See Exhibit 1, In-Kind Match or Landowner Reimbursement, for acceptable types of match.) Use extreme care in calculating the number of acres to be thinned. EMNRD can only reimburse for the amount specified in the rates for which EMNRD will reimburse per acre and the total amount reimbursed for this project cannot exceed the amount in the Grant Column for Contractual Services for Thinning.

CONTRIBUTORS GRANT CONTRACTOR TOTAL

Dollars $ $ $

In-Kind Match $ $ $

Total $ $ $

PROJECT COSTS

CONTRIBUTORS GRANT CONTRACTOR TOTAL

Administrative Costs not to exceed 5%, 10% or 15%) (Delete other percentages that do not apply.)

Contractual Services for Thinning*

$ Landowner labor: $ $Thinning Contractor payment: $Total: $

Total $ $ $

* Contractual Services/Contractor column should be used only if the landowner is doing the work or the landowner is paying (hard dollar) a portion of the subcontractor’s service. If the landowner is completing the work, indicate in the Contractor portion of the Contractual/Thinning Services section what amount is thinning Contractor payment and what amount is landowner labor.

Total grant amount for the project awarded to the Contractor is $XXXXX. EMNRD shall pay Contractor XX% of the total grant amount for administrative costs. Contractor shall use the remaining funding ($XXXXXX) for contractual services to implement hazardous fuel reduction practices on a minimum of XXX acres using the following breakdown.

(Insert treatment type) (i.e. mechanical and chemical cut stump treatments):XX acres x $XXXX per acre (including New Mexico Gross Receipts Taxes) = $XXXXX

(Insert treatment type) (i.e. chemical treatment of woody invasive re-sprouts):XXX acres x $XXX per acre (including New Mexico Gross Receipts Taxes) = $XXXXX

Matching dollars ($XXXXXX) will come from a combination of Contributor contributions and documented volunteer time.

V. PROJECT TIMELINE: Provide a timeline for major milestones, accomplishments, and completion date for project activities. The Forestry Division may extend task due dates by written notice to the Contractor as long as the Forestry Division is satisfied that sufficient progress is being made. Any other changes shall require a written amendment to the work plan, approved by the Forestry Division Director or designee, following EMNRD contract review. Project Completion Date: _______.

Project Timeframe:

Month/Year Major Task (See examples below. Delete this instruction prior to submitting work plan for review.)

_________ Program Manager (Forestry Division) issues Contractor a Notice to Proceed.

_________ Contractor advertises and collects landowner applications.________ Contractor processes landowner applications and enters into landowner

agreements. (Landowner agreements are required any time work is performed on property not owned by the contractor, regardless of whether the landowner is public or private.)

_________ Contractor (or Forestry Division) completes landowner practice plan._________ Landowner(s) begins thinning._________ Landowner(s) completes thinning. _________ Forestry Division and Contractor conduct final inspection._________ Contractor submits invoices to Forestry Division for reimbursement._________ Contractor submits final written report to Forestry Division.

VI. SITE 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?

(Provide description of boundaries, selection, prioritization, etc. Delete this instruction before providing work plan for review.)

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

If federal funds are involved, Contractor shall assist the Forestry Division in obtaining any environmental or archeological information that the USFS may require pursuant to EMNRD’s Cooperative Agreement with the USFS.

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.

If the project occurs on non-federal or non-tribal land, and if the treatment may affect a registered cultural property, the Forestry Division shall afford the State Historic Preservation Officer a reasonable and timely opportunity in planning such undertaking as required by NMSA 1978, § 18-6-8.1.

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.

(You may use these or replace with your own; if replacing, be sure to state who is responsible for what actions. Delete this instruction before submitting work plan for review.)

A. Contractor and Forestry Division staff prioritize project areas of concern.B. (If applicable) If work plan involves applications from individual landowners,

Contractor selects applications based on prioritized areas of concern and enters into agreement(s) with the landowner(s).

C. Contractor maps and marks trees within project area.D. Contractor completes or subcontracts required work elements.E. Forestry Division and Contractor conduct field inspection. Forestry Division

approves project.F. Contractor submits reimbursement as needed.

IX. LANDOWNER REQUEST FOR ASSISTANCE: Contractor shall use the attached form Landowner Request for Assistance (Exhibit 2), to document a landowner’s request for assistance from the Contractor. (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 shall 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 3), 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. PURCHASING METHODOLOGY FOR PROJECT: This project shall follow all procedures outlined in the New Mexico State Procurement Code.

XIII. 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.

XIV. BILLING INSTRUCTIONS: Contractor shall invoice EMNRD for this project at a minimum of once a quarter, but no more frequently than monthly. Contractor must bill Administrative Costs at _____ (insert percentage amount from Budget Section here) of the amount billed for Contractual Services.

(Insert language covering how you want the Contractor to bill you if it is different than what’s above. Make sure it matches any payment language you have inserted elsewhere in the work plan. Delete this instruction before submitting work plan for review.)

XV. 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

XVI. REPORTING: Contractor shall submit progress reports to ENMRD with each billing. Progress reports shall include the number of acres thinned.

XVII. 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.

XVIII. INSPECTIONS AND CERTIFICATION: Contractor shall use the attached form Wildfire Mitigation Inspection (Exhibit 4) 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.)

XIX. 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 5), or a close proximity thereof, to document in-kind contributions. The value of Volunteer time is $22.50 per hour. (This value is established by Independent Sector, a nonpartisan leadership network for nonprofits, foundations, based on the average hourly earnings of all production and nonsupervisory workers on private nonfarm payrolls as determined by the U.S. Bureau of Labor Statistics. Independent Sector takes this figure and increases it by 12% to estimate for fringe benefits).

XX. CERTIFICATE OF PAYMENT: Contractor shall also use the attached form Certificate for Payment (Exhibit 6) when requesting reimbursement from EMNRD and shall include certified invoices and volunteer match forms. (Mandatory: Contractor shall use the attached form.)

XXI. INVOICE PACKAGE: Contractor must submit the following documentation with each invoice: invoices from subcontractors or landowners, inspection report, certificate of payment, documentation of match (see Exhibit 1 for acceptable documentation), and a written narrative progress report (can be the narrative provided on the inspection report).

(If the Contractor is determined to be a Subrecipient, the following must be included in this work plan. Delete the following section in its entirety if the entity is not determined to be a Subrecipient. Delete this instruction before submitting work plan for review.)

XXII. SUBRECIPIENT INFORMATION AND REQUIREMENTS:

[Insert Entity Name], [insert DUNS # _______________] has been determined to be a subrecipient and is hereby notified of the identifying federal award information as follows:

Catalog of Federal Domestic Assistance (CFDA) Number: 10.664CFDA Project Title: Cooperative Forestry Assistance Federal Awarding Agency: U.S. Department of Agriculture-Forest ServicePass-Though Entity: EMNRD-Forestry DivisionFederal Award Identification Number (): DG#_____________________Federal Award Date: [Insert the date when the federal award is signed by the authorized official of the federal awarding agency]Subaward Period of Performance: Begins on the date of the signed Notice to Proceed and expires on the Project Completion Date in Section V., Project Timeline.

Subrecipient’s award is not for research and development.

Subrecipient shall comply with all applicable state and federal statutes and rules or regulations imposed as a consequence of funding pursuant to this Agreement.

Suprecipient shall permit the Forestry Division, U.S. Forest Service, and auditors to have access to the records and financial statements as necessary for the Forestry Division to comply with OMB Circular A-133, Subpart D (d) (7).

If any part of this Agreement is federally-funded in an amount equal to or greater than $25,000, to an entity determined to be a subrecipient, EMNRD-Forestry Division will disclose subaward information pursuant to the Federal Funding Accountability and Transparency Act (FFATA) using FFATA Subaward Reporting System (FSRS). The FFATA or Transparency Act-P.L. 109-282, as amended by section 6202(a) of P.L. 110-252 requires the Office of Management and Budget (OMB) to maintain a single, searchable website that contains information on all federal spending awards. The site is www.USAspending.gov.

A subrecipient that expends $750,000 or more of federal awards (in the aggregate from any source) in a fiscal year is required to obtain an annual audit in accordance with 2 C.F.R Part 200, Audit Requirements §200.501 through §200.512 and Appendix XI to Part 200 - Compliance Supplement. A subrecipient that does not meet the $750,000 audit threshold (Tier 7), must complete the Certification (Tiers 1 or 2) or Agreed Upon Procedures (Tiers 3 - 6) in accordance with the Audit Act, NMSA 1978, §§ 12-6-1 through 12-6-14. Compliance with state audit requirements requires one of the above mentioned tiers to be on file with the New Mexico Office of the State Auditor (OSA).

A subrecipient that qualifies for Tiers 1 or 2 must submit a copy of the certification electronically to the Forestry Division federal grant coordinator or designee annually. The Forestry Division will download Tiers 3-7 requirements directly from the OSA website for review annually. Please note: If a subrecipient has a Single Audit (Tier 7) conducted, please ensure the Forestry Division is identified as the pass-through entity and the subaward number assigned is listed on the subrecipient’s Schedule of Expenditures of Federal Awards report as the pass-through entity. Non-compliance with the Single Audit Act or the State Audit Act, as cited above, may result in a loss of federal funds awarded to the subrecipient.

Subrecipient is subject to the terms and conditions herein, except with respect to the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements under 2 C.F.R. Part 200, Subparts A – F. The terms and conditions of federal awards flow down to subawards and subrecipients unless a particular section of 2 C.F.R. Part 200, Subparts A – F, or the terms and conditions of the federal award specifically indicate otherwise.

INSERT CONTRACTOR NAME HERE

Authorized Representative (Please print name)

Signature:Date

EMNRD FORESTRY DIVISION

Approved by:

State Forester or Designee Date

Exhibit 1

In-kind match or landowner reimbursement

Category Documentation RequiredSalaries and WagesVolunteer Time - landownerRate includes 10% for benefits.

Volunteer Sign-up sheet or a close proximity thereof.Equipment & MaintenanceDozer Equipment Shift ticket or similarTractor/loader Equipment Shift ticket or similarTrailer Equipment Shift ticket or similar4-wheeler Equipment Shift ticket or similarChipper Equipment Shift ticket or similarSkidder Equipment Shift ticket or similarMasticator Equipment Shift ticket or similarFeller Buncher Equipment Shift ticket or similarPersonal Chainsaw Equipment Shift ticket or similarFuel tank rental Charged at their actual costs, receipts must be provided Oil changes and filters Charged at their actual costs, receipts must be providedSuppliesChainsaw Fuel Receipt for the fuel charges, and hours that chainsaw was usedHerbicide Charged at their actual costs, receipts must be providedSprayers Charged at their actual costs, receipts must be providedChainsaw parts Charged at their actual costs, receipts must be providedField supplies Charged at their actual costs, receipts must be providedConsulting/ContractualAerial Application Charged at their actual costs, receipts, invoices or accounting entries must be providedMapping Charged at their actual costs, receipts, invoices or accounting entries must be providedVehicle Costs Mileage Can charge the current State's mileage reimbursement amountAdvertisingNotices/Legals Charged at their actual costs, receipts must be provided

Exhibit A – Costs that can be used as in-kind match or landowner reimbursement

Federal grant funds are governed by the cost principles of the Office of Management and Budget (OMB). Allowable costs are those costs identified in the relevant OMB circulars and in the grant program’s authorizing legislation. To be allowable under Federal awards, costs must be reasonable, allocable, and necessary to the project, and they must also comply with the funding statute requirements.

Exhibit 2

LANDOWNER REQUEST FOR ASSISTANCE

Project Title: _________________________________________________________

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: Piñon/Juniper _________Ponderosa Pine _________Mixed Conifer _________

Prior Activity (Please describe any forestry, erosion control, or wildlife enhancements performed 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: _____________________

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

OFFICE USE: Approved _______ For____________________________________________

Rejected ______ Reason____________________________________

Priority________ Contractor___________________________________

Exhibit 3

LANDOWNER PRACTICE PLAN

PROJECT TITLE : ___________________________

NAME: _______________________________________________________________

ADDRESS: ____________________________________________ ZIP: ___________

PHONE: ___________________________e-mail: _____________________________

LEGAL DESCRIPTION: T______ R_______ SEC_______ COUNTY: ____________________

GEOGRAPHIC LOCATION: (subdivision) ______________________________________

TOTAL ACRES: ___________ INSURANCE CO./POLICY #: ______________________

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 ___________________________________________________________________________________________________________________________________________

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: ____ ___Piñon/Juniper ___ Less than 10%Thinning: ___ ___ Ponderosa Pine ___ 10-20%

____Mixed Conifer ___ 20-30% Aspect: _________ ___ Other ___ Greater than 30%

BASAL AREA: Estimated # of trees per acreBefore Treatment: _____ Sq. Ft./Acre Removed: __________________After Treatment: ______ Sq. Ft./AcreMethod of Slash Disposal: __________________________________________Treatments Completed: ____________________________________________

DATE: ___________________

CONTRACTOR: ______________________________________________

CERTIFIED BY: _______________________________________________

Exhibit 4PROJECT INSPECTION FORM

Landowner Information (please print)Landowner’s Name________________________________________________________Address_________________________________________________________________City______________________ State____________ Zip________________Phone_____________________________ E-mail________________________________Latitude _________________ Longitude _______________________________________ Inspector name:

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

Basal Area Check (if applicable): ______ ______ ______ ______ ______

GPS confirmation of completed acres (Must provide spatial data to the Division): ___________

1. (Treatment Type, Defensible Space, Heavy Thin, Riparian, etc.) __________

Acres treated @ rate: _______________

Inspection and treatment narrative (required):________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

Approved: DateAuthorized representative

EMNRD Forestry Division Review (if applicable): Date

Exhibit 5VOLUNTEER 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: ________

Time: _________________

Staff Present: ________________________

Signature: _____________________________

PROJECT TITLE: ____________________________

PROJECT NUMBER: ___________________

PROJECT NAME: ______________________

PROJECT DATE: ______________________

1. A. SITE LOCATION: _______________________________________

B. SITE COUNTY: _________________________________________

2. TYPE OF PROJECT:

Thinning

Chipping

Lumber

3. CONTACT PERSON: _____________________PHONE: _____________

Address: ___________________________________________________

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.

PROJECT TITLE: _______________________________

VOLUNTEER TIME SHEET

DATE: ____________________

NAME OF PERSON/GROUP: ___________________________________________

NO. OF VOLUNTEERS: ____________

CONTACT PERSON: _________________________ TELEPHONE: __________________

ADDRESS: __________________________________________________________________

NO. OF HOURS WORKED: _________

TYPE OF PROJECT: _________________________________________________________

ADDITIONAL INFORMATION: __________________________________________________

Exhibit 6

[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 AMOUNT

$ DUE THIS BILLING

PREVIOUS BILLINGS

BALANCE REMAINING

1 Contractual Services234

SubtotalTOTAL CONTRACT

CERTIFICATION

I 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: Date:

Exhibit CApplication

Exhibit DFinancial Capability Questionnaire

Exhibit EFederal Eligibility Checklist

Pre-Award(EMNRD – Forestry Division Use Only)

Applicant Name:

Reviewer Name:

ProjectName:

Date:

Determination: ☐ Subrecipient ☐ ContractorOnly applicants who receive a “Yes” answer for each of the items listed below will be considered to receive federal funds in the form of a subaward. Only applicants who receive a “Yes” answer for each of the items listed below with an asterisk will be considered to receive federal funds in the form of a contract. ☐ Yes ☐ No ☐ N/A *The Forestry Division has determined the applicant qualifies as a

subrecipient or contractor using the Subrecipient-Contractor Determination Checklist.

☐ Yes ☐ No ☐ N/A The Forestry Division has confirmed the applicant has an active registration in SAM. (Applicant must be registered in SAM using a valid DUNS number and must maintain an active SAM registration annually.)

☐ Yes ☐ No ☐ N/A The Forestry Division has confirmed the applicant has an active DUNS number in the System for Award Management (SAM) and that the applicant name matches the registered DUNS number.

☐ Yes ☐ No ☐ N/A *The Forestry Division has confirmed the applicant is not suspended or debarred, using SAM to determine exclusions. (Pursuant to 2 C.F.R. Part 180, provisions restrict federal awards, subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in federal programs or activities. The Division reviewer must attach a hard copy of the record to this checklist to document eligibility.)

☐ Yes ☐ No ☐ N/A The Forestry Division has confirmed the applicant is in compliance with federal and state audit requirements. (Applicant must have a Certification, Agreed Upon Procedures or Single Audit on file with OSA and must be in compliance from Fiscal Year 12 to current date.)

Applicants may be acting in both capacities. Use the checklist by determination, answering the questions as they pertain to the potential subaward or contract in question. A contractor will receive an “NA” for checklist questions that do not have an asterisk.

Exhibit F

2020 Western Wildland Urban Interface Grant Program1 Criteria and Instructions to States/Island Territories

In the West, funds to mitigate risk from wildland fire within the Wildland Urban Interface (WUI) are available and awarded through a competitive process with emphasis on hazard fuel reduction in the WUI, information and education, assessment and planning, and monitoring through community and landowner action. Funding is delivered through and managed by state/island forestry organizations. This portion ofthe National Fire Plan was developed to assist interface communities manage the unique hazards they find around them. In addition to the National Fire Plan, the National Wildland Fire Management Strategy brings forward the goals of Restoring Resilient Landscapes, Fire Adapted Communities, and Response to Wildland Fires; the Western Forestry Leadership Coalition strategies of Conserve, Protect, and Enhance are incorporated into individual states Forest Action Plans.

Reducing wildfire risk in the west will be strongly influenced by the ability to collaborate across ownership boundaries and implement projects on a landscape scale.

Grant Criteria: General The Project must be for a qualifying activity - if it is not the application will be

considered ineligible. Meets the 50/50 match requirement2- if not the application will be considered ineligible. Each grant request is limited to a maximum of $300,000. Applications over $300,000

will be considered ineligible. No state/island will receive more than 15% of the funds available in the west.

1 Supported by National Fire Plan Funding through the State and Private Forestry Branch, USDA Forest Service. Administered through the Council of Western State Foresters, Western State Fire Managers WUI Committee2A 50/50 match. The allocated grant amount must be matched in full by the recipient using a non-federal source. Exception: Title III funds under the Secure Rural Schools and Community Self-Determination Act of 2000, PL 106-393 are not considered federal dollars and may be used as match. The matching share can be soft match (which includes training hours valued at an accepted rate, donated labor/equipment, etc.)

and/or hard match (which is actual dollars spent other than federal grant funds within the specified scope of work.) If the project is part of the consolidated payment grant, matching funds can be combined or met from any one or all program areas.

Not less than 70% of the funding available will be allocated to hazardous fuel reduction projects.

The application must be submitted by the state/island forestry organization. The state/island organization will be listed in Box 1 (Applicant Information) on the online application.

The grant request must be submitted on a current 2020 WUI Competitive Grant Application template using the WUI Competitive Grant Online Submission System.

Grant Criteria: Qualifying Project Types 1) Reduce Hazardous Fuels / Restore Fire-adapted Ecosystems in the wildland

urban interface (WUI):Fuel reduction projects and vegetation treatments have been identified as a means of mitigating wildfire hazards. Recipients shall facilitate and implement mitigating fuel treatments in or adjacent to identified fire prone communities to reduce the threat of wildfire to communities. These are projects that remove or modify fuels in and/or adjacent to WUI development. Effective fuels mitigation treatments can be implemented across jurisdictional boundaries, on adjoining private lands, or within the respective communities. Projects of this type include fuel breaks, thinning, pruning, landscape modifications, etc. The overall purpose is to modify or break up the fuels in such a way as to lessen catastrophic fire and its threat to public and firefighter safety and damage to property. Another way to prevent future large, catastrophic wildfires from threatening communities is by carrying out appropriate treatments (such as prescribed burning or thinning) to restore and rehabilitate forest and grassland health in and adjacent to the WUI. Such treatments have reduced the severity of wildfires, and may have additional desirable outcomes, such as providing sustainable environmental, social and economic benefits. Project proposals must consider all elements required to implement treatments on the ground, which includes acquiring the necessary permits and consultations needed to complete plans and assessments, as well as treatment prescriptions and measures of success.Examples of projects that qualify (not all inclusive):

Defensible space around homes and structures Shaded fuel breaks Fuels reduction beyond defensible space adjacent to WUI areas Removal of slash including piling and burning; mulching; grinding; etc. Prescribed fire Thinning Maintenance of non-federally funded fuels projects (explain in application

narrative) Monitoring components of projects for effectiveness

2) Improve Prevention/Education in the Interface:Recipients can provide leadership to coordinate, develop, and distribute wildland urban interface education programs in association with insurance companies, communities, local government agencies, and other partners. Informational and educational projects must target mitigation of risk and prevention of loss. Projects should lead to the use or establishment of one or more fire program elements such as fire safety codes, implementation of Firewise safety practices, establishing local fire safe councils, and fuels treatments within fire prone communities. Projects should be concise and clearly demonstrate deliverables and measures of success of prevention/education activities.Examples of projects that qualify (not all inclusive): Firewise or similar programs Living with Fire newspaper inserts Fire education components to Project Learning Tree Pamphlets, brochures, handouts

3) Planning:Community Wildfire Protection Plans (CWPPs) are created by local communities and may address issues such as wildfire response, hazard mitigation, community preparedness, structure protection, or a combination of the above. The process of developing these plans can help a community clarify and refine its priorities for the protection of life, property, and critical infrastructure in the wildland-urban interface. The Healthy Forest Restoration Act (HFRA) minimum requirements for a CWPP are: 1) Collaboration (must be developed with community members, local and state government representatives in collaboration with federal agencies and other interested stakeholders), 2) Prioritized Fuel Reduction (plan must identify and prioritize areas for hazardous fuel reduction treatments and recommend the types and methods of treatment), and 3) Treatment of Structural Ignitability (must recommend measures that homeowners and communities can take to reduce the ignitability of structures throughout the area addressed in the plan). A copy of the CWPP Handbook can be foundat www.stateforesters.org/node/850 . Planning projects or components of projects may also include Forest Action Plan updates or accomplishments of the Cohesive Wildfire Strategy Goals.

Examples of projects that qualify (not all inclusive): Creation of/or update to CWPP/hazard mitigation plans or equivalent document.

Note: If applying for funds to update an existing CWPP be sure to address the following in your application:o Accomplishments: Explain what projects identified in the original CWPP have

been completed.o Collaboration: Identify new partners and stakeholders along with updated

contact information.o Prioritized Fuel Reduction: Identify and prioritize new hazardous fuels

reduction projects, the method of treatments to be employed, and how these projects address any changes to the community objectives and values at risk.

o Treatment of Structural Ignitability: Explain new or additional measures to be implemented to reduce homeowner and/or community ignitability of structures.

Priority projects listed in existing CWPPs covering the above criteria.

4) Examples of Projects that DO NOT Qualify (not all inclusive): Maintenance on previous federally funded fuels projects Preparedness and suppression capacity building; such as purchase of fire

department equipment (try VFA, DHS and FEMA grant programs) Small business start-up funding Research and development projects (try Economic Action Program) GIS and database systems that are not related to the West Wide Wildfire Risk

Assessment Construction/Infrastructure (building remodel, bridges, road construction, water

development)

Grant Scoring: All grants will be scored based on the following criteria; applicants must ensure that

all boxes are filled in and the application is complete (the highest possible score is 45):

Does the application clearly show how the budget will be spent by line item and are expenditures applicable and relevant to the goals and objectives of the project? Clearly defined and applicable = 5 Not defined/not applicable to project = 0

Describe the Project- Does the application clearly describe the challenges and issues that articulate why the project is important?Clearly defined = 5 Not defined = 0

Planning Linkages- Does the application clearly link or tie the project to an existing community plan and is the project consistent with the state Forest Action Plan(s) (Enhancing, Protecting and or Conserving). Does the project develop or refine an existing plan?Clearly defined = 5 Not defined = 0

Project Activities- Does the application clearly define what the project is and what the project proposes to do? Does the application clearly define how the project will be accomplished, including identifying measurable outcomes? (are the proposed activities clear and achievable, goals defined, outcomes measurable, # of acres treated, # of education/outreach programs, planning/assessment efforts clearly described etc.)Clearly defined = 10 Not defined = 0

Landscape Attributes- Does the application clearly define the scale of the project including relationships with past, present, or future projects that, when combined, offer more benefits than when taken individually? Is landscape that

the project influences clearly described? Clearly defined = 5 Not defined = 0

Collaboration- Does the application clearly define collaborative elements including support from partners, agencies, landowners, communities? Are contributions of collaborators well described?Clearly defined = 5 Not defined = 0

Project Timeline- Does the application clearly described the timeline to implement the project? Does the timeline include milestones, seasonal influences, and/ or ways to measure progress?

Clearly defined = 5 Not defined = 0

Project Sustainability- Does the application clearly define how or if the project will sustain itself after the grant period is over? Does the application describe plans or steps that will continue the project befits beyond the life of the grant?

Clearly defined = 5 Not defined = 0

Application Guidelines:

The application is a fillable Adobe PDF format that is enabled in any form of Adobe Reader 7.0 or higher If you have any problems with this form please ensure you have the most current version of Adobe Reader. If you need Adobe Reader or need the most current version, go to http://get.adobe.com/reader/ and download the latest version.

Applications must be submitted through the appropriate state/island agency (typically the State Forester). The state/island forestry agency will load proposals into the online system for submission to the review process.

Application guidelines by box number: (All boxes must be filled in on the application. If a box does not apply to your project fill in that space with NA.)

Box 1- Proposal Cooperator is the entity who is submitting the project proposal. Applicant Information is the state/island forestry agency submitting the application.

Box 2- **New** GIS Coordinates: Include either a reference point or boundary points for the project, which will be included on a map associated with success stories. Leave fields blank that are not used-do not put NA. See example below on how to enter data into the application. Coordinate data must be in WGS84 datum.

Reference Point: A reference point displays a single marker and its name on the map. This can be used for indicating a general region without specifying exact boundaries. The reference point name, lat/long, and description are all required fields for a point. Lat/long should be entered in the following format: 39.0000, -104.300

Area: An area defines a region with a boundary defined by straight lines. At least 3 points are needed to define an area. There can be up to 7 lat/longs. The diagram below shows how to specify the corners for an area and the associated coordinate list to be entered into the application. The area name, boundary lat/longs, and description are all required fields for an area.

Box 3 - Match includes training hours valued at an accepted rate, donated labor/equipment, etc., and hard match is actual dollars spent other than federal grant funds within the specified scope of work. Federal funds contributed are ineligible for match calculation. Indirect costs must be tied to an established rate. Waived indirect costs are an acceptable source of match.

Box 4- The budget narrative must describe how the grant funds will be spent. Give specific details for each grant expenditure item in Box 3 (i.e. personnel/labor, fringe benefits, travel, equipment, supplies, contractual, other, and indirect costs). Explain exactly how grant dollars will be spent and how these expenditures tie directly to the project goals and objectives. Description of match is not required in Box 4. Match should be described in Box 9.

Box 5- Describe both the project area, type, and challenges. There are three types of projects: fuels, education/prevention, and planning/assessment. Projects may include one or more project types. Applicants must give an overview of the project area, identify the hazards that exist and clearly show the need for work in this area. Be specific when describing challenges or obstacles that will need to be addressed for the project to be successful. If applying for a fuels reduction project, describe the fuel/vegetation types.It is important to define the problems and challenges so when you get to Box 7 you are clearly stating how the funding will be used to address the challenges in this box.

Box 6- Describe the relationship to Forest Action Plan and to a CWPP. Must clearly describe how the project fits into the broad goals of a forest action plan (Enhancing, Protecting and or Conserving) and its connection to a CWPP goals and objectives. It is important to describe how the project connects with the goals of these planning documents.

Box 7- Clearly describe each proposed activities and include where and what will be occurring (i.e. fuel break along the fence line, defensible space around homes, tree crown spacing etc.). The description must include measurables and how the project will be accomplished. Grant funds should be tied to the activities. Unlike the overview, this will provide the specific details of the project using measurable units where applicable. Treatment prescriptions and measures of success should be clearly stated. For prevention/education activities; the audience, deliverables and measures of success should be clearly stated. For planning/assessment activities; the audience, deliverables and measures of success should be clearly stated.

Box 8- Describe the landscape this project influences. Show how the project has or will have impact outside the immediate project area. For example, a project in a community may compliment a Forest Service project on their land where they are creating a fuel break around your community defensible space project. Give specifics on how this project will tie into the larger picture of community protection or education. For information/education and/or planning projects explain how your project compliments or enhances those by other agencies or groups and/or ties into a greater goal. Explain, the who, what, when, where, why, and how of its anticipated impacts.

Box 9- Describe the contributions each partner will make to the project by stating the collaborating partners name and what they will be contributing to the project such as manpower, equipment, matching funds, etc. This should include the partners listed in Box 3 (matching share) but may also include federal and other partners that are contributing but are not eligible to use as match. Identify if using overmatch from the

consolidated payment grant.

Box 10- The Project Timeline must include such things as: begin/end dates, milestones, quarterly or seasonal targets, etc.

Box 11- Sustainability must clearly describe the who, what, when, where and why of how this project will remain effective and be sustained over time. The four main points to be included for fuels projects are:

1) Environmental Factors: describe the maintenance requirements unique to this project based on site characteristics i.e., present and future vegetation occupying the site, growth rates, natural fire return intervals or any other environmental factor that affects the continued maintenance of this project.

2) Education: describe how key players have been trained and educated to maintain the project and explain their understanding of the needs and expectations of the project’s maintenance. If this is an information/education project make sure to explain how it will be delivered, the audience you are targeting, and specific deliverables. Commitment: describe the commitment by the individual/community to maintain this project into the future, i.e. state laws, CWPP terms, signed landowner agreements or other documents or agreements that hold the sub-grantee accountable for project maintenance over time. If this is an information/education project, make sure you explain the commitment to carry this program forward and update as necessary.

3) Monitoring: describe who will be responsible for monitoring the project, what qualifications they have if they are not obvious (i.e. State Forestry personnel, Fire Safe Council member, Fire Department personnel, etc.), and at what intervals they will be checking (i.e. yearly, quarterly, etc.); clearly describe timelines, and milestones.

Application Due Dates:Each state/island will set its own internal deadlines for its cooperators and partners applications so that they may be reviewed and prioritized at the state level before submission. Please pay close attention to the deadline and any special instructions for your application that has been set by your representative state/island.

Reminder: Applications over $300,000 will be considered ineligible. Applications must be submitted by the state/island forestry organization. The

state/island organization will be listed in Box 1 (Applicant Information) on the online application.

All Applications must be printed on white 8.5 X 11” paper. Applicants must also

submit an electronic MS Word or Word compatible copy of the completed Application on a CD/DVD drive or a USB flash drive. Applicants shall submit the CD/DVD or flash drive, one paper original, and four identical paper copies of the Application at the address above no later than 4:30 p.m., Mountain Daylight Time, April 12, 2019. All information pertaining to the project must be included in the Application, and accompanied by a cover letter signed by an individual with authority to bind the Applicant to the terms of this RFA. Absolutely no exceptions will be made for Applications not received at the above location by the appointed time. Applications MAY NOT be sent by facsimile or e-mail.