Echo Timber Sale Contract.docx

DOCX document 6 MB Posted Nov 25, 2025

Attached to: Echo Good Neighbor Authority Timber Sale Prospectus
Solicitation number: 25PRO18582
Issued by: Codington County, South Dakota

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Written by GovTribe AI · Dec 1, 2025

This Timber Sale Contract is a Good Neighbor Authority agreement between the State of South Dakota Department of Agriculture and Natural Resources and a timber purchaser for the Echo timber sale in Pennington County. The contract authorizes the cutting and removal of approximately 955 CCF (Centum Cubic Feet) of timber comprising 852 CCF of sawlogs and 103 CCF of products other than logs (POL) from a 1,315-acre sale area divided into seven harvest units totaling 364 acres. The sale is located within specific legal descriptions in Township 2S, Range 6E and involves whole-tree yarding methods with target residual tree spacing of 20 feet. Operations are restricted to September 1 through March 31 for most units, with Unit 4 restricted to September 1 through January 31. The contract becomes effective upon execution by the Secretary and terminates on March 31, 2029, unless terminated earlier for successful completion or breach. No pre-operations meeting may occur without 30 days' prior notice from the purchaser, and the contract administrator must approve an operating plan before work begins.

The purchaser is required to pay an estimated stumpage rate per CCF as specified in the contract, with payment of 25 percent of the total estimated value due upon contract signing. A performance bond of no less than 10 percent of the estimated timber value must be provided and maintained throughout the contract term. Additional costs include a brush disposal deposit of $5.76 per CCF and road maintenance charges as applicable. Invoices for timber are submitted monthly based on the previous month's scaled volumes, with payment due within 45 days of invoice date. The contract requires comprehensive insurance coverage including $1,000,000 per occurrence commercial general liability, $1,000,000 automobile liability, and workers' compensation as mandated by South Dakota or federal law. The purchaser must comply with all federal, state, and local environmental regulations, including Forest Resources Conservation and Shortage Relief Act requirements limiting unprocessed timber export, and must meet detailed specifications for road construction and maintenance, erosion control, resource protection, and logging operations documented in the attachments.

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File	Type	Posted
Echo BID FORM.docx	DOCX document	Nov 25, 2025
Echo 2400-17_20250912.docx	DOCX document	Nov 25, 2025
Echo Prospectus.doc	DOC document	Nov 25, 2025

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TIMBER SALE CONTRACT: ATTACHMENT C

STATE OF South Dakota

GOOD NEIGHBOR AUTHORITY - TIMBER SALE CONTRACT

[NAME OF PURCHASER]

[ADDRESS]

[CITY, STATE, ZIP CODE]

[TELEPHONE NUMBER]

State of South Dakota

DEPARTMENT OF AGRICULTURE AND NATURAL RESOURCES

RESOURCE CONSERVATION AND FORESTRY DIVISION

3305 WEST SOUTH STREET

RAPID CITY, SD 57702

Referred to as Purchaser

Referred to as State

SALE NAME

Echo GNA

SALE NUMBER

GNA002

AWARD DATE

TERMINATION DATE

March 31, 2029

THIS TIMBER SALE CONTRACT (Contract) IS MADE AND ENTERED INTO by and between the State of South Dakota, acting through its Department of Agriculture and Natural Resources (STATE) and ( ,a sole proprietorship; ,a partnership; , Inc.; ,a corporation) (PURCHASER). PURCHASER’s bid for all timber and timber products described in this Contract has been accepted by the STATE after having been estimated, appraised and advertised for sale as required by law. The STATE agrees to sell, cut and remove included timber and timber products; and the PURCHASER agrees to purchase, cut and remove the included timber and timber products specifically described in this Contract at the specified rates of payment and in strict conformity with the requirements, standards, specifications, conditions and Attachments as set forth in this Contract.

-CONTENTS OF CONTRACT-

Section

Page

Section

Page

II.

III.

TABLE 1

GENERAL TERMS

CHARGES AND PAYMENTS

MEASUREMENT AND LOG

ACCOUNTABILITY

IV.

VI.

VII.

CONTRACT VIOLATION AND PENALTIES

FIRE PROTECTION

RESOURCE PROTECTION

LOGGING

TABLE 2

-Attachments- The following attachments are hereby made a part of this contract:

ATTACHMENT A: Timber Sale Maps ATTACHMENT B: Road Plan ATTACHMENT C: Forest Resources Conservation and Shortage Relief Act 12 Pages 11 Pages 1 Page

TABLE 1 - LEGAL DESCRIPTION OF THE SALE AREA

The timber designated for sale under this Contract is within the following sale area

Units

Sections

Township

Range

25,26, 35, 36

2, 5, 6

35,36

Total approximate acres in sale area:

1,315

Number of harvest units:

Number of Optional acres:

16.8

Total acres in harvest units:

364

ESTIMATED SALE VOLUME

The STATE does not guarantee the product volume, by species or in total, to equal the estimated advertised weight in quantity or product designation.

Product

Estimated Quantity (CCF)

Sawlogs

POL

Total Estimated Volume

955

PAYMENT RATES

Payment

Amount

Requirements

performance Bond Amount:

See Section II.A.1-3.

Product

Amount

Stumpage Rate per CCF:

Sawlogs

POL

See Section II.B.1-5.

Required Deposits

Brush Disposal

$5.76

N/A

I. GENERAL TERMS

A.	DEFINITION OF CONTRACT LANGUAGE: The following definitions apply to terms used in this Contract:
1.	Secretary – The Secretary of the Department of Agriculture and Natural Resources.
2.	State Forester – The State Forester of the Resource, Conservation and Forestry Division of the Department of Agriculture and Natural Resources.
3.	CCF (Centum Cubic Feet) – Hundred (100) cubic feet
4.	Contract Administrator – The State field representative assigned the job of contract administration for this timber sale Contract who will serve as the STATE’s Point of Contact (“POC”).
5.	Operating period – The annual time period during which field activities (logging, hauling, construction, etc.) may be conducted.
6.	Paid or payment – Except as otherwise expressly stated in the Contract, full remuneration by either cash, money order or certified check.
7.	Program Manager – The State Good Neighbor Authority Program Manager
8.	POL – Products Other than Logs. POL refers to smaller diameter trees not meeting sawlog specifications and includes but is not limited to such products as posts and poles.
9.	Purchaser – The signatory party to this Contract other than the Secretary. Purchaser is also defined to include employees and agents of the Purchaser authorized to conduct activities as required for execution of the timber sale Contract. As an independent contractor, neither the Purchaser, its employees or agents shall be considered employees of the State of South Dakota or the United States Forest Service pursuant to work performed under this Contract.
10.	Purchaser Representative - A person designated by the Purchaser in charge of operations on site at the sale area at all times when construction or harvesting operations are in progress. The Purchasers Representative (Rep) shall have authorization to receive notices from the Contract Admin and take appropriate action with regard to breach and/or violations of the terms of the contract.
11.	State – The State of South Dakota and its agents and employees, including but not limited to the Department of Agriculture and Natural Resources.
12.	USFS - The United States Forest Service and its agents and employees.
13.	Stumpage – The rate paid in dollars per CCF as specified in Table 1 for Sawlogs and/or POL.
14.	Slash – Logging debris consisting of treetops, limbs, cull logs, and other separate vegetation remaining after harvest which has no commercial value.
15.	Stage II Hoot Owl – A level of restrictions on certain operations, particularly those involving spark-emitting equipment to specific hours in a day.
B.	REMOVAL OF TIMBER AND TITLE TRANSFER:
1.	Provided the PURCHASER has paid for timber as required in Section II.B.2 ADVANCE STUMPAGE PAYMENT, the PURCHASER has the right to cut and remove timber from the sale area provided all Contract requirements related to the commencement of operations have been met.
2.	All right, title, and interest in and to any Included Timber shall be retained by the USFS until:
a.	The timber has been paid for.
b.	The timber has been measured, as described in Section III.A PRODUCT MEASUREMENT.
c.	The timber has been properly marked, branded and ticketed as described in Section III.C LOAD TICKETS & Section III.E LOAD MARKING.
3.	Title to timber remaining on the gross sale area at termination of the contract shall remain with the USFS.
4.	As documented in this contract, or otherwise agreed to in writing, all roads and other improvements become the property of the USFS as they are constructed.
C.	TERM OF CONTRACT: This Contract is effective upon approval and execution by the SECRETARY and shall end on the Termination Date set forth above, unless terminated sooner for successful completion or as set forth in Section IV. B. TERMINATION herein.
D.	PRE-OPERATIONS MEETING: No activity may occur on the sale area until a pre-operations meeting is conducted between the PURCHASER and the STATE. The PURCHASER shall notify the CONTRACT ADMINISTRATOR at least thirty (30) days prior to the start of operations to schedule the pre-operations meeting. The CONTRACT ADMINISTRATOR will specify to the PURCHASER what information the PURCHASER must provide to the STATE at the pre-operations meeting.
E.	OPERATING PLAN: PURCHASER may be required to submit to the STATE a written general plan of operation including an annual operating schedule, as specified by, and at the request of the CONTRACT ADMINISTRATOR. The plan shall describe the amount and type of personnel and machinery to be use. For administrative purposes the PURCHASER shall also indicate a designated PURCHASER'S REPRESENTATIVE. The STATE's written approval of the Operating Plan is condition precedent to commencement of PURCHASER's Operations. PURCHASER may revise this plan of operations, subject to the approval of the STATE.
F.	CONTRACT TERM EXTENSION:
1.	In the event that PURCHASER’s operations are delayed and PURCHASER is not able to complete the requirements of this Contract prior to the harvest completion date as outlined in the Operating Plan or the termination date, the STATE may extend of the term of this Contract in their sole discretion. An extension of the term of this Contract shall be treated as an amendment hereto and subject to the provisions of Section I.J MODIFICATIONS herein. The STATE will only consider an extension under the following circumstances:
a.	The STATE determines an extension is in the STATE’s best interests. The STATE will provide notification to the USFS in a manner consistent with Section I.H NOTICE.
b.	PURCHASER applies for the extension in writing at least 30 days prior to the termination date.
c.	The STATE notifies the PURCHASER that an extension is required.
d.	PURCHASER has provided the STATE with written notice from the surety that the performance bond on this contract has been extended for a period commensurate with the requested contract extension.
e.	PURCHASER has made a good faith effort to complete the sale.
2.	If the contract term extension is granted, PURCHASER shall conduct continuous operations through the OPERATING PERIODS and/or resume operations at the start of the next OPERATING PERIOD until the requirements of this Contract are completed.
3.	All conditions of this contract shall remain in force and effect during any period of extension, unless those conditions are amended by the terms of the extension.
4.	In the event the Contract terminates due to expiration of the time period within which its performance shall have been completed and the STATE has not granted an extension, the PURCHASER shall immediately cease all operations within the Sale Area set forth in Table 1. Operations beyond the contract termination date for which the STATE has not granted an extension will be treated as a trespass.
G.	LIABILITY FOR LOSS:
1.	If included timber is destroyed or damaged by an unexpected event that significantly changes the nature of the included timber such as fire, wind, insects, disease, or similar cause, the party holding title shall bear the loss resulting from such destruction or damage. Such losses after removal of timber from Sale Area but before Scaling shall be borne by the PURCHASER.
2.	In the event the included timber to which the USFS holds title is destroyed, the PURCHASER will not be obligated to remove and pay for such timber. If the included timber to which the USFS holds title is damaged, the CONTRACT ADMINISTRATOR shall make an appraisal to determine the difference between the appraised value prior to damage and after the damage, and current contract rates may be adjusted accordingly.
3.	There shall be no obligation for the STATE or USFS to supply or for the PURCHASER to accept and pay for other timber in lieu of that destroyed or damaged.
H.	SUPERVISION: When construction or harvesting operations are in progress, the PURCHASER shall have exclusive control over the manner in which the operations are performed if, as determined by the STATE, the PURCHASER has and is complying with all terms and conditions provided herein. PURCHASER is required to have a supervisor in charge of operations on the sale area at all times. Such supervisor shall have authorization to receive notices from the CONTRACT ADMINISTRATOR and take appropriate action with regard to breach and/or violations of the terms and conditions of the Contract.
I.	COMPLAINTS:
1.	Complaints by the PURCHASER concerning any action or decision of a CONTRACT ADMINISTRATOR, including but not limited to suspension orders, must be made in writing to the STATE FORESTER and postmarked within 30 days of the disputed action or decision. In the interim, PURCHASER must comply with the directions of the CONTRACT ADMINISTRATOR.
2.	Upon receipt of a complaint, the STATE FORESTER or their designated representative shall promptly hold an informal conference with the PURCHASER and the CONTRACT ADMINISTRATOR to review the disputed action. The PURCHASER shall be given three (3) business days’ notice of the conference and shall be given the opportunity to present evidence and an argument to rebut the reasons given by the CONTRACT ADMINISTRATOR for the disputed action. After review, the STATE FORESTER shall notify the SECRETARY in writing of his findings. A final decision notice will be sent to the PURCHASER in writing of the SECRETARY’s decision. The decision of the SECRETARY is final on behalf of the STATE.
J.	MODIFICATIONS:
1.	This Contract, except as described in Section I.J.2 below, cannot be amended, enlarged, modified, or altered except upon written agreement signed by all parties to this contract which writing shall be expressly identified as a part hereof. Only the SECRETARY, his successor, or his designated representative is authorized to enter into such modification on behalf of the STATE.
2.	To protect cultural or natural resources the STATE may modify provisions of the Contract without prior agreement by the PURCHASER.
K.	LIABILITY AND WORKERS’ COMPENSATION INSURANCE:
1.	Prior to the execution of this Contract and at all times during the term of this Contract, PURCHASER or their agents shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

a. Commercial General Liability Insurance:

PURCHASER shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than the one million dollars ($1,000,000.00) per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Contract or be no less than two times the occurrence limit. The insurance policy shall include endorsements, which shall name the STATE, US Forest Service, its elected and appointed officials, agents and employees as additional insured, but liability coverage is limited to claims not barred by sovereign immunity. The STATE, US Forest Service, it elected and appointed officials, agents and employees do not hereby waive sovereign immunity for discretionary conduct as provided by the law.

b. Business Automobile Liability Insurance:

PURCHASER shall purchase and maintain automobile liability insurance or equivalent form with a limit not less than one million dollars ($1,000,000) for each accident. This insurance shall include overage for owner, hired and non-owned vehicles.

c. Worker’s Compensation Insurance:

PURCHASER shall procure and maintain workers’ compensation and employees’ liability insurance as required by South Dakota or federal law.

2.	Prior to the execution of this Contract, PURCHASER shall deliver to the STATE a properly executed Certificate Of Insurance from the insurer(s) of the PURCHASER or their agents certifying that coverage in at least the amounts stated above is in force, including naming the STATE, its officers and employees, as additional insureds, as set forth above. Such certificate shall be submitted to the STATE for approval of the insurer(s), the amount, and the form. The STATE reserves the right to require a certified copy of any such policy or to examine the policy itself.
3.	In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, PURCHASER agrees to provide immediate notice to the STATE and provide a new certificate of insurance showing continuous coverage in the amounts required.
4.	PURCHASER shall include all subcontractors as additional insureds under all required insurance policies or shall furnish separate certificates of insurance for each subcontractor. Subcontractor(s) must comply fully with all insurance requirements stated herein. Failure of subcontractor(s) to comply with insurance requirements does not limit PURCHASER’s liability.
5.	It is further understood and agreed that this Contract shall terminate immediately in the event that the mandatory liability insurance coverage required under this part is for any reason not obtained or is discontinued.
L.	SALE DELAYED OR PRECLUDED BY JUDICIAL ACTION OR GOVERNMENT REGULATORY ACTION:
1.	In the event judicial action, change in applicable law, or implementation of government regulatory action renders proceeding with this Contract unlawful, the STATE may suspend or terminate the Contract in whole or in part. Upon notice of such suspension or termination, PURCHASER shall immediately cease all or any portion of such operations under the Contract as directed by the STATE. If a court of competent jurisdiction has entered a final judgment rendering further proceeding with this Contract unlawful, or government regulatory action takes effect, the STATE may terminate the Contract or, at the STATE’s option, suspend the Contract in whole or in part, pending appeal of the court’s final judgment. If the Contract is suspended, the STATE shall not be liable to the PURCHASER for damages or losses resulting from the delay. In the event the Contract is terminated due to judicial action, a change in law, or government regulations, the STATE shall be liable to PURCHASER only as follows:
a.	The STATE shall refund any portion of advance STUMPAGE PAYMENTS or down PAYMENTS not needed to compensate the STATE for timber removed.
b.	The STATE shall release any portion of the performance bond not needed to compensate the STATE for timber removed or other losses suffered by the STATE due to breach of contract by the PURCHASER.
M.	CONTROLLING LAW AND VENUE: This Contract shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provisions which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Contract shall be in the Circuit Court, Seventh Judicial Circuit, Pennington County, South Dakota, or the Federal Court in the District of South Dakota.
N.	AUTHORIZATION TO ENTER: The PURCHASER is only authorized to enter behind locked gates for purposes related to the performance of this Contract.
O.	INDEMNITY AND LIABILITY:
1.	PURCHASER agrees to indemnify the STATE and the USFS, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Contract. PURCHASER shall defend the STATE and the USFS, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. PURCHASER’s obligation to indemnify includes the PAYMENT of attorney fees and other costs of defense.
2.	In defending the STATE and the USFS, its officers, agents, and employees, PURCHASER shall engage other professionals, subject to the written approval of the STATE which shall not be unreasonably withheld. Notwithstanding the foregoing, the STATE may, in its sole discretion and at the expense of PURCHASER, engage attorneys and other professionals to defend the STATE and USFS, its officers, agents, and employees, or to assist PURCHASER in the defense. This section does not require PURCHASER to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the STATE, its officers, agents or employees.
P.	CERTIFICATIONS:

1. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five (5) or more employees who enter into a contract with the STATE that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Contract PURCHASER certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Contract, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the STATE to terminate this Contract. PURCHASER further agrees to provide immediate written notice to the STATE if during the term of this Contract it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Contract.

2. COMPLIANCE WITH SDCL Ch. 5-18A:

PURCHASER certifies and agrees that the following information is correct:

The bidder or offeror is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the purchasing agency to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response, and further would be cause to suspend and debar a business under SDCL § 5-18D-12.

The successful bidder or offeror further agrees to provide immediate written notice to the purchasing agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

3. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION:

The PURCHASER must complete and deliver to the STATE form AD-1047, Certification Regarding Debarment, Suspension, and Other Responsibility Matters – Primary covered transactions and form AD-1048 Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – Lower tier Covered Transactions.

4. PURCHASER warrants that no person or agency has been employed or retained to solicit or secure this contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees or bona fide established commercial agencies maintained by PURCHASER for the purpose of securing business. For breach or violation of this warranty the STATE shall have the right to terminate this contract without liability or to require PURCHASER to pay, in addition to the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

5. Neither PURCHASER nor any contractor, subcontractor, agent or employee of PURCHASER shall discriminate in the performance of this contract against any person because of race, color, religion, sex, or national origin.

Q. INDEPENDENT CONTRACTOR: While performing service hereunder, PURCHASER is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

R. THIRD PARTY BENEFICIARIES: This Contract is intended to govern only the rights and interests of the parties named herein. It is not intended to create, does not and may not be relied upon to create, any rights, substantive or procedural, enforceable at law by any third party in any matters, civil or criminal.

S. ASSIGNMENT AND AMENDMENT: This Contract may not be assigned without the express prior written consent of the STATE. This Contract may not be amended except in writing, which writing shall be expressly identified as a part hereof and be signed by an authorized representative of each of the parties hereto.

T. COMPLIANCE: PURCHASER will comply in full with all federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, requirements, and other standards applicable to the services provided under this Contract and will be solely responsible for obtaining current information regarding the foregoing. Nothing herein shall constitute a waiver by the STATE to any defense to jurisdiction nor shall anything herein constitute an acknowledgement by the STATE that any tribe has or exercises any jurisdiction over this Contract or the parties.

U. CRIMINAL VIOLATIONS AND TAX LIABILITY:

By signing this Contract, the Purchaser certifies that neither it nor its principals nor agents have been convicted of a felony criminal violation under any Federal law within the twenty-four (24) months preceding the effective date of this Contract. Further, the Purchaser certifies that neither it nor its principals nor agents have any unpaid Federal tax liability as of the effective date of this Contract.

V. REPORTING: PURCHASER agrees to report to the STATE any event encountered in the course of performance of this Contract which results in an injury to any person or property, or which may otherwise subject PURCHASER, or the STATE of South Dakota or its officers, agents or employees to liability. PURCHASER shall report any such event to the STATE immediately upon discovery.

PURCHASER's obligation under this section shall only be to report the occurrence of any event to the STATE and to make any other report provided for by their duties or applicable law. PURCHASER's obligation to report shall not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the STATE under this section shall not excuse or satisfy any obligation of PURCHASER to report any event to law enforcement or other entities under the requirements of any applicable law.

W. SUBCONTRACTING: PURCHASER may not use subcontractors to perform the services described herein without the express prior written consent of the STATE. PURCHASER will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Contract, to indemnify the STATE, and to provide insurance coverage in a manner consistent with this Contract. PURCHASER will cause its subcontractors, agents, and employees to comply with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The STATE, at its option, may require the vetting of any subcontractors. PURCHASER shall assist in the vetting process.

X. STATE’S RIGHT TO REJECT: The STATE reserves the right to reject any person from performing services under this Contract who the STATE believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior, or is considered by the STATE to be a security risk.

Y. SEVERABILITY: In the event that any court of competent jurisdiction shall hold any provision of this Contract unenforceable or invalid, such holding shall not invalidate or render unenforceable any other provision hereof.

Z. MERGER: All other prior discussions, communications, and representations concerning the subject matter of this Contract are superseded by the terms of this Contract, and except as specifically provided herein, this Contract constitutes the entire Contract with respect to the subject matter hereof.

AA. WAIVER OF BREACH: The waiver by either party of a breach or violation of any provision of this Contract shall not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision in this Contract.

BB. HEADINGS: The headings in this Contract are for convenience and reference only and shall not govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of this Contract.

CC. SOVEREIGN IMMUNITY: Nothing in this Contract is intended to constitute a waiver of sovereign immunity by or on behalf of the STATE, the USFS, or either of their agencies, officers, or employees.

DD. AUTHORITY TO EXECUTE: PURCHASER represents and warrants that:

1. The execution, delivery and performance of this Contract has been duly authorized by PURCHASER and no approval, authorization or consent of any governmental or regulatory agency is required to be obtained in order for PURCHASER to enter into this Contract and perform its obligations under this Contract.

2. PURCHASER is duly authorized to conduct business in and is in good standing in each jurisdiction in which PURCHASER will conduct business in connection with this Contract.

3. PURCHASER has obtained all licenses, certifications, permits, and authorizations necessary to perform the services under this Contract and currently is in good standing with all regulatory agencies that regulate any or all aspects of PURCHASER’s performance of the services. PURCHASER will maintain all required certifications, licenses, permits, and authorizations during the term of this Contract at its own expense.

EE. OTHER OPERATIONS AND ACCESS BY THE STATE: The STATE or USFS reserves the right to at any time conduct within the gross sale area forest management operations including, but not limited to, slash piling, burning, handwork, broadcast burning, mop-up, patrolling, thinning and tree planting during the term of this Contract. The STATE or USFS maintains full access to the sale area for the term of this contract. Custer State Park maintains full access to the North Farm Rd/CSP 602 Rd.

II. CHARGES AND PAYMENTS

A.	PERFORMANCE BOND:
1.	As a guarantee of the faithful performance of this Contract, PURCHASER shall furnish a bond with sufficient sureties to the STATE. The performance bond may be in cash, bond, irrevocable letter of credit, or certificate of deposit with sufficient sureties. A letter of credit must be automatically renewable without amendment for the term of the Contract. The bond shall not be less than ten percent (10%) of the estimated value of the timber sold.
2.	Upon full performance of the terms of the Contract, the STATE shall release the performance bond.
3.	The performance bond must remain in full force over the duration of the contract length.
B.	PAYMENTS: The PURCHASER agrees to make PAYMENTS to the Treasurer of the State of South Dakota as follows:
1.	STUMPAGE DETERMINATION: The PURCHASER shall pay an estimated purchase price of insert dollar amount ($000.00) for all Included Timber at the rates shown in Table 1, on a predetermined weight factor of 75.11 pound per one (1) cubic foot (CF) of sawtimber and 72.59 pounds for cubic foot of POL. PAYMENT for sales may be by personal or company check, certified funds, or cash.
2.	ADVANCE STUMPAGE PAYMENTS: The PURCHASER is required to pay for 25% of the total estimated value of all Included Timber in the amount of insert dollar amount ($000.00) upon signing this Contract. The Advance will be made available to be drawn down from once 50% of the sale has been completed.
3.	BRUSH DISPOSAL: The PURCHASER shall pay a brush disposal deposit of $5.76/CCF.
4.	ROAD MAINTENANCE: The PURCHASER shall pay a road maintenance deposit of N/A/CCF.
5.	PAYMENT SCHEDULE: Invoices for Included Timber will be submitted to the PURCHASER no later than the 15th of the month, during harvest operations. Invoice amounts will be based on the previous months scaled timber. PAYMENTS will be due no later than 45 days from Invoice date.
C.	ROAD USE AND MAINTENANCE PAYMENTS:
1.	PAYMENTS: The PURCHASER is required to make PAYMENTS for road use and maintenance at the rates listed below or as amended by revisions to road use permits. PAYMENTS will be made as called for by the PROGRAM MANAGER or as otherwise directed in this Contract.
2.	ALTERNATE HAUL ROUTES: The PURCHASER is authorized by the STATE to use the haul route described in this Contract and attachments. If the PURCHASER chooses to use an alternate haul route, that haul route must be approved by the STATE. Road use charges, maintenance requirements and PAYMENTS may be adjusted to reflect the haul route used by the PURCHASER. STUMPAGE fees are not subject to a downward adjustment under this clause.

III. MEASUREMENT AND LOG ACCOUNTABILITY

A.	PRODUCT MEASUREMENT:
1.	The STATE will determine the value of products removed from the sale based on the total gross weight of material hauled. Weight tickets will be used to obtain the total value.
2.	When mixed products with different PAYMENT rates per unit are hauled on one load, the entire load will be charged at a weighted average rate based the product proportions of the Included Timber in this Contract.
3.	Upon request by the STATE, the most recent load delivered to a receiving mill must be made available for inspection by the STATE or their representatives. The weight ticket identifying the load must remain affixed to the load.
B.	WEIGHT TICKETS: The PURCHASER is required to furnish weight tickets to the STATE as agreed to by the CONTRACT ADMINISTRATOR and the PURCHASER.
1.	All weight tickets shall be mailed or delivered with corresponding load tickets, as outlined below, directly to the Resource, Conservation and Forestry Office administering this Contract. In this case, send tickets to Tim May, 3305 West South Street, Rapid City SD 57702. This requirement may be waived or changed by the CONTRACT ADMINISTRATOR.
2.	Weight tickets must show gross, tare, and net weights and the corresponding load ticket number of each product load. The product type shall also be identified on the weight ticket. Weight tickets must be from State of South Dakota certified scales and all weight tickets must have mechanically stamped weights for the gross and tare weights unless otherwise permitted in writing by the CONTRACT ADMINISTRATOR. Weight tickets will be mailed or delivered to the STATE on a bi-weekly basis or as otherwise agreed to by the CONTRACT ADMINISTRATOR. A weight ticket will be considered missing if not furnished within 4 weeks of the load delivery date. Failure to comply with this provision may be treated by the STATE as a breach of contract.
3.	Weight ticket information may be provided electronically if all required ticket information is included. The information must be provided to the STATE on a bi-weekly basis prior to the tenth (10th) and twenty-fourth (24th) of each month. The paper copy of the weight tickets must also continue to be provided to the STATE. The requirement to supply the paper copy of the weight tickets may be waived by the STATE FORESTER or their designated representative.
C.	LOAD TICKETS:
1.	The PURCHASER will be issued load ticket books with consecutively numbered tickets (load tickets) for uniquely identifying truckloads of logs. Ticket books contain 4 copies per ticket: White, yellow, pink, and hard copy. PURCHASER shall account for all load tickets issued by the STATE and shall return all log load receipts and/or ticket books whether fully used, partially used, or unused, to the CONTRACT ADMINISTRATOR upon the completion of this contract. The STATE may treat load tickets not accounted for as lost forest products which may be subject to penalties as set forth herein.
2.	The hard copy of the log load ticket must be attached to the driver’s side bunk log of each product load prior to leaving the cutting unit. The white copy of the log load ticket must be attached to the weight ticket. The pink copy must remain in the ticket book, and the yellow copy is the drivers copy. The PURCHASER shall complete each ticket with the sale information required by the STATE. The PURCHASER shall provide to the CONTRACT ADMINISTRATOR a complete list of destinations to which loads will be delivered. The STATE, at its discretion, may require a separate ticket book for each destination. Failure to comply with this provision may be treated by the STATE as a contract violation.
D.	SORTING OF PRODUCTS: The STATE may require separate ticket books for any loads sorted by the PURCHASER by size or species or by specific products intended for different delivery points. Load tickets designated for a specific product must only be used for that specific product. When a load ticket is used with an incorrect product the STATE may treat such misuse as a contract violation.
E.	LOAD MARKING: The PURCHASER is required to mark all log loads before removal from the loading area to assist in identification while in transit or at the point of delivery. Marking shall be accomplished by painting “GME” and the last three digits of the log load ticket number aft of each log bunk, no less than two log ends on each load. Failure to comply with this provision may be treated by the STATE as a contract violation.
F.	PROMPT DELIVERY: The PURCHASER will deliver loads from the timber sale area to a receiving log yard directly without diversion. “Over-nighting” loads during transit are expressly forbidden unless approved by CONTRACT ADMINISTRATOR prior to hauling. Failure to comply with this provision may be treated by the STATE as a contract violation. If, for any reason, a load of logs or part of a load of logs is unloaded before reaching its destination, the driver shall brand one hundred percent (100%) of one end of each log of that portion of the load that is unloaded and shall notify the CONTRACT ADMINISTRATOR.
G.	PROVISION OF SCALING:
1.	All loads removed from the sale area shall be weighed. A gross and a tare weight shall be obtained for each load. No load shall be presented for weighting that weights’ more than the certified capacity of the scale in use. Each load shall be weighed as a single unit with weight stamped and recorded by an automatic recording device on the scale.
2.	In the event any live products are severed from the stump for a period of 90 days or more without being weighed, the STATE, at its discretion, may deem the weight of the load(s) by averaging weights from other loads hauled by the PURCHASER during the billing period, as established by the STATE.
H.	LOG BRANDING: This contract is subject to the Forest Resources Conservation and Shortage Relief Act of 1990, as amended (16 USC 620, et seq.). The PURCHASER must comply with log branding and accounting rules set forth in Attachment C.

IV. contract violations and penalties

A.	SUSPENSION:
1.	FAILURE TO PAY ADVANCE STUMPAGE: If PURCHASER fails to submit advance STUMPAGE PAYMENTS as directed by the Administrator pursuant to the terms of this Contract within 30 days of the request for such PAYMENTS, all operations covered by this Contract shall immediately cease upon written or oral order from the STATE until all required advance STUMPAGE PAYMENTS, or guarantee of PAYMENT satisfactory to the STATE, have been made. The cutting and removal of timber may resume only upon receipt of written notice to the PURCHASER from the STATE that acknowledges adequate PAYMENT or guarantee.
2.	LOSS OF BOND: If the surety bond or other bond securing performance of this Contract is canceled or otherwise becomes ineffective, operations covered by this Contract shall immediately cease upon written or oral order from the STATE to the PURCHASER. Cutting and removal of timber may resume only upon receipt of written notice from the STATE that acknowledges adequate bond.
3.	OTHER CONTRACT VIOLATIONS:
a.	Should the CONTRACT ADMINISTRATOR observe a condition that violates the terms of this Contract, the CONTRACT ADMINISTRATOR may verbally notify the PURCHASER or its employees or subcontractors of such condition and immediately suspend all or part of the operations in the sale area to prevent harm to the interests of the STATE or the public. Should the PURCHASER or its employees or subcontractors fail to comply with any verbal suspension order, the SECRETARY may terminate the Contract pursuant to Section IV. B TERMINATION. The CONTRACT ADMINISTRATOR may rescind his/her verbal suspension order upon satisfactory cure of the PURCHASER’s violation and operations may resume.
b.	Suspension orders may be given in writing or verbally to the PURCHASER, or to his, her or its employees or subcontractors. Once given, the PURCHASER, and his, her or its employees or subcontractors shall immediately comply with such order of suspension and failure to do so shall constitute grounds for termination of this Contract. Suspension orders are reviewable under the provisions described in Section I.I COMPLAINTS.
c.	The STATE FORESTER may issue a written notice of suspension depending upon the severity of the violation and PURCHASER’s ability to cure. Such notice shall contain information regarding:

1. The breach observed and the harm anticipated.

2. The Contract provisions violated.

3. If possible, the measures required to cure the violation and allow operations to resume.

4. The deadline within which the PURCHASER must cure the violation.

Should the PURCHASER fail to cure the violation as required, or to obtain a written variance from the STATE FORESTER, the STATE FORESTER may charge the PURCHASER $250 per day for every day that the violation persists. Operations may resume only upon written notice from the STATE FORESTER. If satisfactory measures or remedies cannot be found to cure the violation, the SECRETARY may immediately terminate the Contract pursuant to Section IV.B TERMINATION.

B.	TERMINATION:
1.	Gross or persistent Contract violations, as determined by the State, and/or failure to promptly and properly remedy Contract violations by the PURCHASER pursuant to the terms of this Contract shall be grounds for termination of the Contract by the STATE.
2.	If this Contract is terminated by the STATE, the SECRETARY shall immediately notify the PURCHASER of the termination and the reasons for it by certified mail. Such notice shall describe in what respects the Contract has been breached, the means, if any, by which the breach can be remedied and the consequences of such termination. The written notification shall also identify the effective termination date.
3.	Upon receipt of the notice of termination the PURCHASER shall immediately cease all operations pursuant to and permitted by the Contract until the termination is resolved as set forth herein.

4. If the Contract is reinstated, the PURCHASER will not be penalized for any delays that resulted from the appeal.

5.	This Contract may be terminated by either party hereto upon thirty (30) days written notice. In the event PURCHASER breaches any of the terms or conditions hereof, this Agreement may be terminated by the STATE at any time with or without notice. If termination for a breach is affected by the STATE, any PAYMENTS due to the STATE shall be paid within thirty (30) days of termination and be adjusted to cover any additional costs to the STATE because of PURCHASER's breach. Upon termination the STATE may take over the work and may award another party a contract to complete the work contemplated by this Contract.
6.	In the event judicial action, change in applicable law, or implementation of government regulatory action renders proceeding with this Contract unlawful, the STATE may suspend or terminate the Contract in whole or in part subject to the provisions of Section I.L infra.
C.	SURVIVAL FOLLOWING TERMINATION: Any terms of this Contract that would, by their nature or through the express terms of this Contract, survive the expiration or termination of this Contract shall so survive including but not limited to the indemnification, choice of law and venue, and sovereign immunity provisions.
D.	LIABILITY FOR DAMAGES:
1.	The PURCHASER shall be liable for any damages sustained by the STATE arising from PURCHASER’s breach of the terms of this Contract and the STATE may cause all or part of the performance bond to be forfeited to recover such damages.
2.	In the event that a portion of the timber sale under this Contract is resold as a result of the PURCHASER’s forfeiture and the STUMPAGE rate pursuant to the resold contract is lower than the STUMPAGE rate provided herein, the difference between the original rate and the new rate shall be considered damages and the PURCHASER shall be liable to the STATE for those damages. The STATE may cause all or part of the PURCHASER’s performance bond to be forfeited to recover such damages.
E.	STATE’S OPTION TO COMPLETE CONTRACT REQUIREMENTS: If the PURCHASER fails to complete the requirements described in this Contract in a timely manner or if the Contract is terminated, the STATE reserves the right to complete the work itself or through another contractor. The PURCHASER will be billed for any additional costs incurred by the STATE due to the PURCHASER’s failure to perform the requirements of this Contract. PURCHASER’s failure to make PAYMENT within 14 days from the date of billing may cause all or part of the performance bond to be forfeited to recover such costs.
F.	WAIVER OF PENALTIES: The penalties specified in this section shall be regarded as liquidated damages and may be waived or reduced at the discretion of the SECRETARY in exceptional cases.
G.	LOGGING REQUIREMENT VIOLATIONS:
1.	HIGH STUMPS: The PURCHASER may be charged $2.00 for each tree stump cut higher than 12 inches on the uphill side of the tree, except in unusual cases when this height is not considered practical.
2.	UNDESIGNATED TREES:
a.	Undesignated or reserve trees that are cut or damaged as a result of PURCHASER’s operations shall be considered cut in trespass and the PURCHASER may be charged two times the Contract STUMPAGE rate for the Contract product class(es) the tree contains.
b.	If the CONTRACT ADMINISTRATOR determines that a suitable replacement for a reserve tree as described above is not available, PURCHASER agrees to pay the STATE $50.00 per tree, in addition to the rates charged in Section IV.G.2.a UNDESIGNATED TREES.
3.	FAILURE TO REMOVE: The STATE may charge the PURCHASER for trees that are designated for cutting under the terms of this Contract and/or logs that meet the INCLUDED TIMBER UTILIZATION STANDARDS shown in Table 2 that are not removed from the sale area or presented for measurement. This charge may be up to double the Contract STUMPAGE rate. If the STATE removes such material from the sale area, the PURCHASER will be required to reimburse the STATE for all applicable cutting, yarding, processing, loading and hauling costs.
H.	MEASUREMENT AND LOG ACCOUNTABILITY VIOLATIONS:
1.	MISSING LOAD TICKETS: The PURCHASER will be charged up to $250.00 for each unused load ticket that the PURCHASER has lost or misplaced while in his, her or its possession. An unused ticket is defined as a ticket that is not turned into the STATE with an associated truckload weight.
2.	FAILURE TO ATTACH OR COMPLETE LOAD TICKET: The PURCHASER may be charged $250.00 per load for failure to attach a load ticket to each product load prior to hauling, or for failure to complete the load ticket with all required information.
3.	MISSING WEIGHT TICKETS:
a.	The PURCHASER may be charged double the Contract STUMPAGE rate [STUMPAGE x 2 = penalty] for each truck weight ticket not furnished to the STATE.
b.	The CONTRACT ADMINISTRATOR will notify the PURCHASER of each missing weight ticket.
c.	The load weight will be determined by averaging weights from other loads hauled by the PURCHASER within the same billing period, or 15 tons for single loads and 30 tons for loads with a pup trailer attached.
4.	IMPROPERLY LABELED PRODUCT: The PURCHASER may be charged up to $250.00 per load for loads with an incorrect load ticket for the product in the load. In addition, the STUMPAGE paid for an improperly ticketed load shall be at the highest Contract STUMPAGE rate for products hauled pursuant to this Contract.
5.	IMPROPERLY MARKED LOADS: The PURCHASER may be charged forty dollars ($40.00) per load for each load not marked in accordance with Section III.E LOAD MARKING.
I.	LATE PAYMENTS: For any payment not received by the invoice billing due date, Section II.B. PAYMENTS, The PURCHASER may be charged a six percent per annum (6%) interest rate, compounded month for failure to pay for forest products in a manner consistent with Section II.B PAYMENTS.

V. FIRE PROTECTION

A.	FIRE PREVENTION: During the time that this Contract remains in force, the PURCHASER shall, to the greatest extent practicable, prevent forest fires on the area described in this Contract and in its vicinity, and shall require all employees, contractors and employees of contractors to do likewise. The PURCHASER shall ensure:
	1.	Each internal combustion engine on all equipment shall be provided with at least one chemical fire extinguisher; one shovel, and one axe or Pulaski.
	2.	Extinguishers, shovels and axes shall be mounted so as to be readily available from the ground and be maintain in a serviceable condition.
	3.	Power saws shall be provided with an approved spark arrester.
B.	OPEN BURNING REQUIREMENTS: No open fire will be allowed unless a permit has first been obtained from the Department of Public Safety.
C.	FIRE SUPPRESSION: Unless prevented by circumstances over which he, she has no control, the PURCHASER shall place qualified employees, contractors and employees of contractors and all equipment at the disposal of any authorized STATE, County, or Federal Fire Official for the purpose of fighting forest fires. Any employees or equipment furnished by the PURCHASER, contractors or employees of contractors, shall be relieved from firefighting as soon as it is practicable for the Fire Official to obtain other adequate labor or equipment.
D.	FIRE COSTS: The costs borne by the Protecting Agency for suppressing fires that are intentionally lit by the PURCHASER or that are caused by negligence or fault in the PURCHASER’s operations shall be paid by the PURCHASER to the Protecting Agency. The PURCHASER shall also be liable for property and resource damage resulting from these fires. The PURCHASER’s obligation for cost of fire suppression vary according to two classifications of fires as follows.

1. Operations Fire: An “operational fire” is a fire caused by the PURCHASER’s operations other than a negligent fire. The PURCHASER agrees to reimburse USFS for such cost for each operations fire, subject to a maximum of the dollar amount of eight thousand five hundred dollars ($8,500.00).

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File details come from the government source that posted it. Updated Dec 1, 2025.