Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 40

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

40

Agency Names

Department Of Transportation, Fish And Game Department

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

New Hampshire

Fish and Game Department

11 Hazen Drive, Concord, NH 03301-6500

(603) 271-3421

FAX: (603) 271-5829

Stephanie L Simek, Ph.D.

Executive Director

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, NH 03301

www.wildlife.nh.gov

Email: info@wildlife.nh.gov

TDD Access: Relay NH 1-800-735-2964

October 22, 2025

t)JAN 0 7 2026

REQUESTED ACTION

Authorize the New Hampshire Fish and Game Department to enter into a sole source contract with

Matson's Laboratory, LLC, Manhattan, Montana (Vendor Code No. 264547) in the amount of

$12,468.50 to perform cementum analysis of teeth collected from captured and/or harvested New

Hampshire black bear, moose, fisher, and bobcats to provide age and reproductive histories (female

bears only) from the date of Governor and Council approval through June 30, 2026. Funding is 75%

federal funds, 25% other (Game Management Funds).

Funding for this contract is available and will be expended from the Game Management Account as

follows:

03 75 75 751520-21580000 - Wildlife Program - Game Management

20-07500-21580000-304-500841 Research and Management

FY26

$12,468.50

EXPLANATION

NHFG requests a sole source contract with Matson's Laboratory because they represent the only

known commercial tooth-processing laboratory in the United States that performs cementum analysis

on all abovementioned species and reproductive histories on female bears. Matson's Laboratory has

provided all previous commercial aging services for the NHFG. Matson's Laboratory has an excellent

reputation in the wildlife profession and is used by most state and provincial wildlife agencies and

several European countries. In an effort to maintain the integrity of our long-term datasets, preserve

confidence in our understanding of species-specific age class distributions, and promote a consistent

management approach, we have a strong desire to continue to use Matson's Laboratory.

Age data from all known mortalities by various causes related to bear, moose, fisher, and bobcats are

an essential component of New Hampshire's wildlife population modeling and health indicies and are

therefore required for informed wildlife management decision-making, including annual season-

setting. New Hampshire has relied on age data as a critical component in management programs for

the past 26+ years (depending on the species). Tooth aging requires highly specialized laboratory

equipment and skills. Aging entails tooth cleaning, decalcification, cross-sectioning and chemical

staining. Experienced, highly skilled technicians then count magnified cementum annuli (growth

rings) in order to assess animal age in years. New Hampshire anticipates submitting approximately

1,200 bear premolars, 100 fisher premolars, 60 bobcat canines, and 50 moose incisors per year for

aging purposes. The total number of teeth collected and submitted varies annually in accordance with

season frameworks, species-specific population changes, and environmental factors that impact

harvest vulnerability.

Respectfully submitted,

Stephanie L. Simek, Ph.D.

Executive Director

Kathy Ann LaBonte, Chief

Chief of Business Division

FORM M MBFR P-37 (version 2/23/2023)

DiKSiSS- 1 his agreemcm and all ol its altachnients shall become public upon submission to (iovenior and

Executive Council for approval. Any information that is private, confidential or proprietary must

be clearly identified to the agency and agreed to in writing prior to signing the contract.

AGREEMKNT

I he State ot New Hampshire and the C oiiliactor herein mutually agree a.s follows:

GENERAL PROVISIONS

J. IDENTIEICATION.

I. I State Agency Name

NH l ish and Game Depariment

1.3 C ontractor Name

Matsttn's l.aborator)'

l„S Contractor Phone

Number

(406)238^6286

1.6 Account Unit and Cla.ss

751520-21580000-304-

500841

IM Contracting Officer for Stale Agency "

Slephanie L. Simek. Ph.D.

Bxecutivc Director

III Contractor Signature

l.l-v StateAgency^ignature

1.2 Stale Agency Address

11 Ha/en Drive. Coticord NH 03301

1.4 Contractor Address

135 Wooden Shoe Lane, Manhatten, MT 59741

1.7 Completion Date

6/302026

1.8 Price Limitation

$12,468,50

1.10 State Agency Telephone Number

603-271-3511

1.12 Name and Title of Contractor Signatory "

Carolyn Nistler, Owner

1.15 Appri^^al by the N iraepatiincntt of AdniiiTrltratkw.T^^^^^^

1.14 Name and Title of State Agency Sigtiatory

Stephanie L. Simek. Ph.D., f/xecutive Director

Director, On:

1.16 Approval by the Attorney General"(Form:SubstanceTuid Execution)

By: On: 12/5/2025. 17 Aflproval by the Governor and Executive Cotincil (if applicahle)

G&C Item number: G&C Meeting Date:

Page I of 4

Contractor Initials '

r>ate g^VS-IS

2. SFKVK ES rt) BE EEHEORMED. Ihe State of New

Hampshire, acting titrmigli the agericv idemiited in block 1.1

("State"), engages contractor idcmitled in block 1.3 ("Contractor")

to perform, and the Contractor shall pcrtorm, the work or sale of

goods, or both, identified and more pariicnlarl> described in the

attached EXIIIf3tT B which is incorporated herein bs reference

("Services"),

3, EEEECTIVE OATE/COMPLETION OF SERVICES.

3.1 Notwithstanding aiiv provision of this Agreement to the

contrary, and subject to the approval of the Oovemor ttnd

f-Aecutive Council of the Slate of New Hampshire, if applicable,

this Agreement, and all obligations of the parties hcreunder,.shall

become ctTective on the dale the Oovcntor atid Executive Council

approve this Agreement, unless no such approval is required, in

which case the Agreement shall become elTective on the date the.Agreement i.s signed by the State.Agency as shown in block 1.13

("Effective Date")

3.2 If the Contractor commences the Services prior to the Etfective

Dale, all Services performed by the Contractor prior to the

Effective Date shall be performed at the sole risk of the Contractor,

and in the event that this Agreement dues not become elTective. the

Slate shall have no liability to the Contractor, including without

limitation, any obligation to pay the Contractor tor any costs

incurred or Service.s performed,

3.3 Contractor must complete all Services by the Completion Date

specified in block 1.7.

4, CONDITIONAL NATURE OF ACREEiVIENT.

Notwithstanding any provision of this.Agreement to the contrary,

all obligations of the Stale hereunder. including, without limitation,

the continuance of payments liereunder, are contingent upon the

availability and continued appropriation of funds. In no event shall

the Stale be liable for any payinents hereunder in cxec.ss of such

available appropriated funds. In the event of a reduction or

termination ot appropriated funds by any slate or fedcnil legislative

or executive action that reducers, eliminates or othervvLse modifies

the appropriation or availability of fiinding fur this Agmcment and

the Scope for Services provided in EXHIBIT B. in whole or in port,

the Stale shall have the right to withhold payment until such funds

become available, if ever, and shall have the right to reduce or

lenninate the Services under this Agreement immediately upon

giving the Contractor notice of such rcduciiori or termination. The

State shall not be required to transfer funds from any other account

or source to the Account identified in block 1,6 in the event funds

in that.Account are reduced or unavailable.

5. CONTRACT PRIf E7PR1C E LIMITATION/ PAYMENT.

5.1 The contract price, method of payment, and terms of payment

are identified and more particularly described in EXHIBIT C

which i.s incorporated herein by reference.

5.2 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no

event shall the total of all payments authui i/cd. oi actually made

hereunder, exceed the Price f.iraitation set forth in block 1.8. Ihe

payment by the State ot the contract price shall be the only and the

complete reimbursement to the Contractor for ail expenses, of

whatever nature incuired by the Contractor m the performance

hereof, and.shall be the only and the complete compen.sation to the

Contractor for the Service.s.

5.3 fhe State reserves the right to otTset from any amounts

otherwise payable to the Contractor under this Agreement those

liquidated amounts required or permitted by N.H. RSA 80:7

through RSA 80:7-c or any other provi.sion of law.

5.4 The State's liability under tliis Agreement shall be limited to

monetary damages not to e.xceed the total fees paid. Hte Contractor

agrees that it has an adequate remedy at law for any breach of this

Agreement by the State and hereby waives any right to specific

pcrfonnance or other eqiiiiabtc remedies against the State.

6. COMPLIANrE BY CONTRAf TOR WITH LAWS AND

REOULATIONS/F.QI AL f:MPLOYME.NT

OPPORIENITY.

6.1 In connection with the pcrfonnance of the Services, the

Contractor shall comply with all applicable statutes, laws,

regulation.s. and orders of I'ederai. state, county or municipal

authorities which impose any ohiigatiun or duty upon the

Contractor, including, but not limited to. civil rights and equal

employment opportunity law,s and the (iovemor' s order on Rc.spect

and Civility in the Workplace. Executive order 2020-01. In

addition, if this.Agreement is funded in any part by monies of the

United State.s, the Contractor shall comply with all federal

executive orders, rules, regulations and.statutes, and with any rules,

regulation.s and guidelines as the State or Ihe United States issue to

implement these regulations. The Contractor shall also comply

with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not

discriminate against employees or applicants for employment

because of age, sex, sexual orientation, race, color, marital statu.s,

physical or mental disability, religious creed, national origin,

gender identity, or gender expression, and will take affirmative

action to prevent such discrimination, unless exempt by state or

federal law. The Contractor.shall ensure any subcontractors

coiiipty with the.se nondiscrimination requirements.

6.3 No payments or transfers of value by Contractor or its

rcprcsemative.s in connection with this.Agreeincril have or shall be

made which have the puipose or effect of public or corrunercial

bribery, or acceptance of or acquiescence in e.xtortion. kickbacks,

or other unlawful or improper means of obtaining business,

6,4. The Contractor agrees to permit the State or United States

access to any ot the Contractor's books, records and accounts for

the purpose of ascertaining compliance with this Agreement and

all rules, regulations and orders pertaining to the covenants, tenns

and conditions of this Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel

necessary to perform the Services, The Contractor warrants that all

personnel engageii in the Services shall be qualified to perform the

Services, and shall be properly licensed and otherwise authorized

to do so under ail applicable laws.

7.2 The Contracting Officer specified in block 1.9. or any

successor, shall be the Slate's point of contact pertaining to this

Agreement.

Contractor initials^^'^Datet 2S-3.S

8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

Contractor shall constitute an event of default hereunder ("Event

of Default"):

8.1.1 failure to perform the Services satisfactorily or on schedule:

8.1.2 failure to submit any report required hereunder; and'or

8.1.3 failure to perform any other covenant, term or condition of

this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may

take any one, or more, or all, of the follow ing actions:

8.2.1 give the Contractor a written notice specifying the Event of

Default and requiring it to be remedied within, in the absence of a

greater or lesser specification of time, thirty (30) calendar days

from the date of the notice; and if the Event of Default is not timely

cured, terminate this Agreement, effective two (2) calendar days

after giving the Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of

Default and suspending all payments to be made under this

Agreement and ordering that the portion of the contract price which

would otherwise accrue to the Contractor during the period from

the date of such notice until such time as the State determines that

the Contractor has cured the Event of Default shall never be paid

to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of

Default and set off against any other obligations the State may owe

to the Contractor any damages the State suffers by reason of any

Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of

Default, treat the Agreement as breached, terminate the Agreement

and pursue any of its remedies at law or in equity, or both.

9. TERMINATION.

9.1 Notwithstanding paragraph 8. the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in

part, by thirty (30) calendar days written notice to the Contractor

that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any

reason other than the completion of the Services, the Contractor

shall, at the State's discretion, deliver to the Contracting Officer,

not later than fifteen (15) calendar days after the date of

termination, a report ("Termination Report") describing in detail

all Services performed, and the contract price earned, to and

including the date of termination. In addition, at the State's

discretion, the Contractor shall, within fifteen (15) calendar days

of notice of early termination, develop and submit to the State a

transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

10.1 As used in this Agreement, the word "Property" shall mean

all data, information and things developed or obtained during the

performance of, or acquired or developed by reason of. this

Agreement, including, but not limited to. all studies, reports, files,

formulae, surveys, maps, charts, sound recordings, video

recordings, pictorial reproductions, drawings, analyses, graphic

representations, computer programs, computer printouts, notes,

letters, memoranda, papers, and documents, all whether finished or

unfinished.

10.2 All data and any Property which has been received from the

State, or purchased with funds provided for that purpose under this

Agreement, shall be the property of the State, and shall be returned

to the State upon demand or upon termination of this Agreement

for any reason.

10.3 Disclosure of data, information and other records shall be

govemed by N.H. RSA chapter 91-A and/dr other applicable law.

Disclosure requires prior written approval of the State.

11. CONTRACTOR'S RELATION TO THE STATE. In the

performance of this Agreement the Contractor is in all respects an

independent contractor, and is neither an agent nor an employee of

the State. Neither the Contractor nor any of its officers, employ ees,

agents or members shall have authority to bind the State or receive

any benefits, workers' compensation or other emoluments

provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SLBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen

(15) calendar days before any proposed assignment, delegation, or

other transfer of any interest in this Agreement. No such

assignment, delegation, or other transfer shall be effective without

the written consent of the State.

12.2 For purposes of paragraph 12. a Change of Control shall

constitute assignment. "Change of Control" means (a) merger,

consolidation, or a transaction or series of related transactions in

which a third party, together with its affiliates, becomes the direct

or indirect owner of fifty percent (50%) or more of the voting

shares or similar equity interests, or combined voting power of the

Contractor, or (b) the sale of all or substantially all of the assets of

the Contractor.

12.3 None of the Services shall be subcontracted by the Contractor

without prior written notice and consent of the State.

12.4 The State is entitled to copies of all subcontracts and

assignment agreements and shall not be bound by any provisions

contained in a subcontract or an assignment agreement to which it

is not a party.

13. INDEMNIFICATION. The Contractor shall indemnify,

defend, and hold harmless the State, its officers, and employees

from and against all actions, claims, damages, demands,

judgments, fines, liabilities, losses, and other expenses, including,

without limitation, reasonable attorneys' fees, arising out of or

relating to this Agreement directly or indirectly arising from death,

personal injury, property damage, intellectual property

infringement, or other claims asserted against the State, its officers,

or employees caused by the acts or omissions of negligence,

reckless or willful misconduct, or fraud by the Contractor, its

employees, agents, or subcontractors. The State shall not be liable

for any costs incurred by the Contractor arising under this

paragraph 13. Notwithstanding the foregoing, nothing herein

contained shall be deemed to constitute a waiver of the State's

sovereign immunity, which immunity is hereby reserved to the

State. This covenant in paragraph 13 shall survive the termination

of this Agreement.

Contractor Initials

Date%-2S

14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor

or assignee to obtain and maintain in force, the following

insurance:

14.1.1 commercial general liability insurance against all claims of

bodily injury, death or property damage, in amounts of not less than

$1,000,000 per occurrence and $2,000,000 aggregate or excess;

and

14.1.2 special cause of loss coverage form covering all Property.subject to subparagraph 10.2 herein, in an amount not less than

80% of the whole replacement value of the Property,

14.2 The policies described in subparagraph 14.1 herein shall be on

policy forms and endorsements approved for use in the State of

New Hampshire by the N.H. Department of Insurance, and issued

by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall furnish to the Contracting Officer

identified in block 1.9, or any successor, a certificate(s) of

insurance for all insurance required under this Agreement. At the

request of the Contracting Officer, or any successor, the Contractor

shall provide certificate(s) of insurance for all renewal(s) of

insurance required under this Agreement. The certificate(s) of

insurance and any renewals thereof shall be attached and are

incorporated herein by reference.

15. WORKERS' COIVIPENSATIGN.

15.1 By signing this agreement, the Contractor agrees, certifies and

warrants that the Contractor is in compliance with or exempt from,

the requirements of N.H. RSA chapter 281-A ('Workers'

Compensalion ").

15.2 To the extent the Contractor is subject to the requirements of

N.H. RSA chapter 281-A, Contractor shall maintain, and require

any subcontractor or assignee to secure and maintain, payment of

Workers" Compensation in connection with activities which the

person proposes to undertake pursuant to this Agreement. The

Contractor shall furnish the Contracting Officer identified in block

1.9, or any successor, proof of Workers' Compensation in the

manner described in N.H. RSA chapter 281-.A and any applicable

renewal(s) thereof, which shall be attached and are incorporated

herein by reference. The State shall not be responsible for pay ment

of any Workers" Compensation premiums or for any other claim or

benefit for Contractor, or any subcontractor or employee of

Contractor, which might arise under applicable State of New

Hampshire Workers" Compensation laws in connection with the

performance of the Services under this Agreement.

18..AMENDIVIENT. This Agreement may be amended, waived or

discharged only by an instrument in writing signed by the parties

hereto and only after approval of such amendment, waiver or

discharge by the Governor and Executive Council of the State of

New Hampshire unless no such approval is required under the

circumstances pursuant to State law, rule or policy.

19. CHOICE OF LAW AND FORUM.

19.1 This Agreement shall be governed, interpreted and construed

in accordance with the laws of the State of New Hampshire except

where the Federal supremacy clause requires otherwise. The

wording used in this Agreement is the wording chosen by the

parties to express their mutual intent, and no rule of construction

shall be applied against or in favor of any party.

19.2 Any actions arising out of this Agreement, including the

breach or alleged breach thereof, may not be submitted to binding

arbitration, but must, instead, be brought and maintained in the

Merrimack County Superior Court of New Hampshire which shall

have exclusive jurisdiction thereof.

20. CONFLICTING TERMS. In the event of a conflict between

the terms of this P-37 form (as modified in EXHIBIT A) and any

other portion of this Agreement including any attachments thereto,

the terms of the P-37 (as modified in EXHIBIT A) shall control.

21. THIRD PARTIES. This Agreement is being entered into for

the sole benefit of the parties hereto, and nothing herein, express or

implied, is intended to or will confer any legal or equitable right,

benefit, or remedy of any nature upon any other person.

22. HEADINGS. The headings throughout the Agreement are for

reference purposes only, and the words contained therein shall in

no way be held to explain, modify, amplify or aid in the

interpretation, construction or meaning of the provisions of this

Agreement.

23. SPECIAL PROVISIONS..Additional or modifying

provisions set forth in the attached EXHIBIT A are incorporated

herein by reference.

24. FURTHER ASSURANCES. The Contractor, along with its

agents and affiliates, shall, at its own cost and expense, execute any

additional documents and take such further actions as may be

reasonably required to carry out the provisions of this Agreement

and give effect to the transactions contemplated hereby.

16. WAIVER OF BREACH, A States failure to enforce its rights 25. SEVERABILITV. In the event any of the provisions of thiswith respect to any single or continuing breach of this Agreement Agreement are held by a court of competent jurisdiction to be

shall not act as a waiver of the right of the State to later enforce any contrary to any state or federal law, the remaining provisions ofsuch rights or to enforce any other or any subsequent breach, this Agreement will remain in full force and effect.

17. NOTICE. Any notice by a party hereto to the other party shall

be deemed to have been duly delivered or given at the time of

mailing by certified mail, postage prepaid, in a United States Post

Office addressed to the parties at the addresses given in blocks 1.2

and 1.4, herein.

26. ENTIRE AGREEMENT. This Agreement, which may be

executed in a number of counterparts, each of which shall be

deemed an original, constitutes the entire agreement and

understanding between the parties, and supersedes all prior

agreements and understandings with respect to the subject matter

hereof.

Contractor Initialsi^^W^

Date^ aS-4.<.

EXHIBIT A

SPECIAI. PROVISIONS

FEDERAL FUNDING INFORMATION AND COMPLIANCES

This contract is liinded by a grant from the Department of the Interior, U. S. Fish and Wildlife Ser\-ice.

All Federal laws, regulations, and award terms and conditions applicable to Department of the Interior

award recipients and their sub-recipients and contractors are hereby adopted in full force and eftect with

respect to this Contract. The contractor and any sub-contractors must comply with federal regulation and

the following provisions, as applicable:

A. CON'I RACTING WITH SMALL AND MINORITY BUSINESSES. WOMEN'S BUSINESS

ENTERPRISES, AND LABOR SURPLUS AREA FIRMS

In accordance with 2 CFR 200.321 the contractor must take all necessary affirmative steps listed in (1)

through (5) of this section to assure that minority businesses, women's business enterprises, and labor

surplus area finns are u.sed when possible if any subcontracts will be used. Affinnative steps must

include:

(1) Placing qualified small and minority businesses and women's business enteiprises on solicitation lists;

(2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever

they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit

maximum participation by.small and minority busines.ses, and women's business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourage participation by

small and minority businesses, and women's business enterprises;

(5) Using the services and assistance, as appropriate, of such organizations as the Small Business

Administration and the Minority Business Development Agency of the Department of Commerce.

B. DOMESTIC PREFERENCES FOR PROCUREMEN TS

In accordance with 2 CFR 200.322, the contractor should, to the greatest extent practicable, provide a

preference for the purchase, acquisition, or use of goods, products, or materials produced in the United

States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). For

purposes of this section:

(1) "'Produced in the United States" means, for iron and steel products, that all manufacturing processes,

from the initial melting stage through the application of coatings, occurred in the United States.

(2) Manufactured products means items and construction materials composed in whole or in part of

non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride

pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

17, _ ^ S

C. PROCUREMENT OF RECOVERED MATERIALS

In accordance with 2 CFR 200.323. the contractor must comply with section 6002 of the Solid Waste

Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section

6002 include procuring only items designated in guidelines of the Environmental Protection Agency

(EP.A) at 40 CT R part 247 that contain the highest percentage of recovered materials practicable,

consistent with maintaining a satisfactoiy- level of competition, where the purchase price of the item

e.xceeds $10,000 or the value of the quantity acquired during the preceding fiscal year c.xceeded $10,000;

procuring solid waste management services in a manner that maximizes energy and resource recovery;

and establishing an afllnnative procurement program for procurement of recovered materials identified in

the EPA guidelines. The Consolidated Recovered Materials Advisory Notices (RMANs) for the

Comprehensive Procurement Guidelines (CPG) can be found on the EPA website at httDs:/yww\v.ena.cov/

D. INCREASING SEAT BELT USE IN THE UNITED STATES

In accordance with Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Contractor is encouraged to

adopt and enforce on-the-Job seat belt policies and programs for their employees when operating

company-owmed. rented or personally owmed vehicles.

E. REDUCING TEXT MESSAGING WHILE DRIVING

In accordance with Executive Order 13.313, 74 FR 51225 (Oct. 6, 2009), the Contractor is encouraged to

adopt and enforce policies that ban te.xt messaging while driving and to establish workplace policies to

decrease accidents caused bv distracted drivers.

EXHIBIT B

SCOPE OF SFRVICFS

Terms of this contract are trom the date of Governor and Council approval through June 30. 2026.

Services to be provided in this contract include the following:

Provide age data (via email) for approximately 60 bobcat canines, 100 fisher canines, 50 moose incisors

and l,iOO black bear premolars per year. Additionally, provide reproductive histories via cementum

analysis for approximately 90 female black bears 3-f years of age.

Total cost for this contract will be up to $12,468.50, Actual final costs will be based on the number of

teeth submitted and the specific services required for each tooth which is a ftmction of both tooth

condition and volume discounts that may apply, depending on lot sizes.

[ 2. - ? - -z. S

EXHIBIT C

METHOD OF PAYMENTS

Matson s Laboratory', LLC (Vendor Code 264547) shall receive payment for services rendered in

accordance with the following schedule:

Payment is to be made within thirty (30) days of receipt of the age report and invoice for each species data

set. whichever comes last.

2

State of New Hampshire

Department of State

CERTIFICATE

I, David M. Scaiilaii, Secretaiy of State oftlie State of New Hampshire, do iiereby certify tiiat MATSON'S LABORATORY,

LLC is a Montana Limited Liability Company registered to transact business in New Hampshire on September 11, 2003.1 further

certify that all fees and documents required by the Secretary of State's office have been received and is in good standing as far as

this office is concerned.

Business ID: 448405

Certificate Number: 0007265809

5^

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 27th day of August A.D. 2025.

David M. Scanlan

Secretary of State

MATSON'S LABORATORY

August 28. 2025

CERTIFICATE OF VOTE

Carol) n Nistler. the undersigned, hereby certifies that she is the only member of the company

known as Matson's Laboratory. LLC. Carolyn Nistler is authorized to sign any and all contracts

with the State ot New Hampshire, including the Fish and Game Department. Because she is the

only member, no other authorization, board vote, or stockholder action is necessary to grant

authority to bind the company.

1 hereby certify and acknowledge that the State of New Hampshire will rely on this certification

as evidence that 1 have full authority to bind Matson's l.aboratory. LLC., and no additional

authority is needed.

Signed!, Date; 2.V 25

Carolyn Nistler

■jta+t of MorTta>'liAiCamatM cf (ao-OjxWi

On this To (jay of August 2025. before me't I—. the undersignedofficer. Carol) n Nistler personally appeared and was satisfactorily proven to be the person whose

name is subscribed to the within instrument and acknow ledged that she executed the same for the

purposes therein contained. In witness whereof. 1 hereunto set mv hand and official seal.

Seal:

CHERYL L KNOBEL

NOTARY PUBLIC for ther wut.fV/ 1W(UIV

• cGAt I 5 State of Montana

j* • *5 Residing at Manhattan, Montana

-A'.' My Commission Expires

Apnl 6 2028

abuL

Signature ^f Notary Public

ANALYSIS FOR WILDLIFE STUDIES

CEMENTUM AGING

TETRACYCUNE BIOMARKER DETECTION

REPRODUCTIVE HISTORY RECONSTRUCTION

135 E Wooden Shoe Lane, Manhattan MT 59741

(406) 258-6286

carolyn@matsonslab.com

wwAAr.matsonslab.com

/XCORD CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DDATYYY)

08/22/2025

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT; If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on

this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

Gallatin Insurance Agency

200 W. Madison Ave

Belgrade, MT 59714

Tessa Fowler

(406)388-7211 Twc. Nol: (406)388-1412

ADTOESS: tessa(®gallatininsurance.com

INSURERISI AFFORDING COVERAGE NAIC«

INSURER A Sentinel Insurance Company. LTD 11000

INSURED

Matson's Laboratory LLC

135 E Wooden Shoe Ln

Manhattan, MT 59741

INSURER B Evanston Insurance Company 35378C

INSURER C

INSURER D

INSURER E

INSURER F

COVERAGES CERTIFICATE NUMBER: 96255149-0 REVISION NUMBER: 12

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE

ADDL

INSD

SUBR

WVD POLICY NUMBER

POLICY EFF

(MM/DDriOnrY)

POLICY EXP

(MM/DD/YYYY) LIMITS

A X COMMERCIAL GENERAL LIABIUTY 41SBANN8618 06/02/2025 06/02/2026 EACH OCCURRENCE $ 1.000,000

CLAIMS-MADE X OCCUR

damage to rented

PREMISES (Ea occurrence) $ 1,000,000

MED EXP (Any one person) $ 10,000

PERSONAL & ADV INJURY $ 1,000,000

GEN'L AGGREGATE LIMIT APPLIES PER; GENERAL AGGREGATE $ 2,000,000

X POLICY |_ 1 1 LOC

OTHER:

PRODUCTS - COMP/OP AGG $ 2,000,000

$

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT

fEa accident) $

ANY AUTO BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY

SCHEDULED

AUTOS

NON-OWNED

AUTOS ONLY

BODILY INJURY (Per accident)s

PROPERTY DAMAGE

(Per accident) $

$

UMBRELLA LIAB

EXCESS LIAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE s

AGGREGATE $

DED RETENTIONS $

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY y / N

ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH) '

If yes, describe under

DESCRIPTION OF OPERATIONS below

N/A

PER OTH-

STATUTE ER

E.L. EACH ACCIDENT $

E.L. DISEASE EA EMPLOYEE $

E.L. DISEASE POLICY LIMIT $

B Professional Liab MKLV5PE0003455 04/25/2025 04/25/2026 MiscE&O 1,000

Misc ESiO 2,00C,000 each claim

1,000 Aggregate

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required)

New Hampshire Fish and Game Department

11 Hazen Dr

Concord, NH 03301

1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

1 Jiim. *7^^ (YTF)

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by YTF on 08/22/2025 at 04:21 PM

Montana Ifstate Fund ▼

855 Front Street | P.O. Box 4759 | Helena, MT 59604-4759

Ptione 800-332-6102 or 406-495-5000 | Fax 406-495-5020

Fraud 888-MT-CRIME or 888-682-7463 | TDD/TTY 406-495-5030

montanastatefund.com | safemt.com

NEW HAMPSHIRE FISH AND GAME DEPARTMENT Policy#: 03-418753-4

11HAZEN DR Team: Select

CONCORD NH 03301 Date: 08/27/2025

INSURED: MATSONS LABORATORY LLC

135 WOODEN SHOE LANE

MANHATTAN MT 59741

CERTIFICATE OF WORKERS' COMPENSATION,

OCCUPATIONAL DISEASE AND EMPLOYERS LIABILITY INSURANCE

This certificate is for your information only. It does not create a contract between you and

Montana State Fund or change any of the policy terms. The policy includes coverage for all

employees as required by Montana law.

Employers Liability is included at the following limits of liability:

$100,000 Bodily Injury By Accident, Each Accident

$100,000 Bodily Injury By Disease, Each Employee

$500,000 Bodily Injury By Disease, Policy Limit

The insured may elect coverage for certain employments. We cannot verify the coverage of

such employments. You should verify coverage for these employments with the insured.

The policy period is 07/01/2025 to 07/01/2026. We will attempt to notify you if the policy is

cancelled.

When the policy expires, you may request a new certificate through the insured.

cc: MATSONS LABORATORY LLC

cn130a-Rev 03/2016

MATSON'S LABORATORY

135 Wooden Shoe Lane

Manhattan. Ml 59741

Phone/FAX (406) 258-6286

E-mail doscience'amatsonslab.com http

ESTIMATE

NOT A BILL-DO NOT PA Y

www.MatsonsLab.com

Prepared For: Andrew Timmins

New Hampshire FGD

11 Hazen Drive

Concord, NH 03301

andrew.a.timmins@wildlife.nh.gov

603-271-2461

Date: 8/21/2025

Quantity Species

1200 Black Bear PM1

60 Bobcat C

Assumed Birthdate

1-Feb

1-Apr

50 Moose 11 1-Jun

ICQ Fisher PM4 1-Apr

Total teeth: 1410

Prepare tooth sections for analysis (BB) $5.40 X 1200 = $6,480.00

Prepare tooth sections for analysis (BO, MO, Fi) $6.65 X 210 = $1,396.50

Conduct cementum age analysis $2.20 X 1410 = $3,102.00

Additional lab processing or service:

Age juveniles by Inspection $2.20 X ? = as applies

Clean to remove dirt; as needed $0.85 X 1410 = $1,198.50 or less as applies

Trim large teeth to fit size limits (BO & MO) $0.85 X 110 = $93.50 or less as applies

Black bear reproductive histories $2.20 X 90 = $198.00 as applies

Slides & Envelopes

Slide boxes:

STORE

Estimated total

Estimated total (if paying with Credit Card)

$0.00

$0.00

$US

$US

$12,468 50 Estimated cost

$12,967.24 Estimated cost

Thank you for your order

INTERNET-4 ► CREDIT CARDS 4 ► PROCESSING -4P- SPECIAL SERVICES

SEE OTHER SIDE

THESE ITEMS MAY AFFECT YOUR ORDER. PLEASE REVIEW AND CONTACT US IF

APPROPRIATE CHANGES NEED TO BE MADE.

DATE OF ORDER COMPLETION

We are now scheduling most laboratory work a year In advance. As soon as you know approximately how many teeth and when they will be

sent for processing, please let us know so the work can be scheduled. Without advance scheduling, completion may take several months

longer, and the completion date given on the front side of this form is only a rough approximation.

ASSUMED ANNUAL BIRTHDATE

Matson's uses a species-specific assumed annual birthday for age analysis. A reported cementum age accounts for the birthday in reference to

the date of kill. An animal is assumed to have been 1 full year older on the day of its birthday, using the same custom as with the human

birthday. If you would rather have us use an assumed birthdate that is different from that indicated at the top of the front side of this form,

please notify us.

HISTOLOGICAL CONDITION OF TEETH

Bleaches and other chemicals, autoclaving, and prolonged boiling can cause histological damage. If the teeth of your sample have been exposed

to any of these agents, PLEASE NOTIFY US, DESCRIBING THE TREATMENT.

PROCESS FAILURES

When the infrequent processing failure occurs, it will be identified in the results you receive from the laboratory. As a precaution, we

recommend that A SECOND TOOTH BE TAKEN AS A BACKUP. WHENEVER POSSIBLE.

AGE SUMMARY

Our age summary is a bar graph and tabulation of the number of individuals in each class. The average age of the whole sample is given, along

with the percentage of cementum ages for which there was the highest "A" reliability. Age data can be summarized by gender, species,

management unit, etc. For more information, contact us anytime. Age data from reports of past months or years can be combined and/or

compared. Inquire concerning cost.

AGE ANALYSIS PHOTO REFERENCE

The reference is a description of the key characteristics of the cementum model used to age the teeth in your sample. Your tooth sections are

used for the photographs that illustrate the model. Representative age classes and sources of possible error are Included.

COST SAVINGS FROM STORING MATERIALS INSTEAD OF RETURNING THEM

We can store completed slide preparations and/or tooth envelopes, rather than return them, and save transportation costs. Tooth sections are

stored for 5 years, and envelopes are discarded after 90 days. If you want either of these items stored, PLEASE NOTIFY US. Please contact

Matson's for permanent archival.

ELECTRONIC DATA TRANSMITTAL

Laboratory processing is simplified when samples are accompanied by an electronic master inventory list. The list needs to be in the same serial

order as the tooth packaging, and can be on a diskette or sent as an e-mail attachment. We send completed reports by e-mall, unless we do not

have your e-mail address. We use Excel for all of our reports.

INTERNET NEWS FROM MATSON'S LABORATORY

http://www.MatsonsLab.com

Check our web site for information updating the current status of laboratory services and prices, and to supplement our periodic mailings.

CREDIT CARDS

Matson's accepts Master Card and Visa. Credit card charges will be subject to a 4% processing fee.