Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 45

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

45

Agency Names

Department Of Environmental Services

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

The State of New Hampshire

^NHDES Department of Environmental Services

A'JLC

Robert R. Scott, Commissioner

December 3, 2025 ^ 7 2026

%

Her Excellency, Governor Kelly-A--Ayotte^

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Environmental Services (NHDES) to enter into a grant agreement with the

Town of Marlow, NH (VC# 159902-B001) totaling $212,781 for partial funding for the replacement of

one (1) engine model year (EMY) 1994 plow truck, effective upon Governor and Council approval through

December 31, 2026.100% New Hampshire Volkswagen Environmental Mitigation Trust funds.

EXPLANATION

The New Hampshire Volkswagen Beneficiary Mitigation Plan provides that 20 percent of New

Hampshire's allocation of the Volkswagen Mitigation Trust (VW Trust) funds will be available to public

and private entities through a competitive solicitation process for the replacement of diesel vehicles and

equipment. The intent is to reduce diesel emissions, and specifically to mitigate excess nitrogen oxide

emissions caused by Volkswagen's violations. NHDES is conducting a rolling competitive Request for

Proposals (RFP) termed "Granite State Clean Fleets," which is open to public entities and is available until

March 2026, with projects due on the 30^^ of each month. In response to this RFP, NHDES received five

(5) qualifying proposals in the month of October. Four (4) of these proposals were selected for funding.

Please refer to Attachment A for ranking and scores.

Under this agreement, the Town of Marlow will replace one (1) EMY 1994 diesel-powered plow truck.

The Town uses the truck to haul aggregates, support road drainage projects, and maintain the roads in

the winter. In the more than thirty years that the Town has owned the truck, the vehicle has accumulated

nearly 162,000 miles and over 14,000 engine hours of use. The Town states that due to the truck's age,

recent repairs to the truck have included hydraulic pumps, auger chains, electrical switches and the

dump body tailgate, and that additional repairs are needed to the dump body due to rust and wear. To

improve operational reliability, reduce fuel and maintenance costs, and reduce diesel emissions, the

Town has prioritized the replacement of this truck with a new EMY 2026 truck.

The Granite State Clean Fleets program has a mandatory minimum cost share requirement for a diesel

plow truck replacement project of 20 percent. NHDES will provide a grant of $212,781 or 80 percent,

whichever is less, of the total replacement cost (estimated at $265,976) to the Town for the replacement

of one (1) diesel plow truck. NHDES will not be holding VW Trust funds in its accounts; all funds will be

vvww.des.nh.gov

29 Hazen Drive • PC Box 95 • Concord, NH 03302-0095

(603) 271-3503 • (603) 271-2867 • TDD Access: Relay NH 1-800-735-2964

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

Page 2

transferred directly from the trustee, Wilmington Trust, to the Town of Marlow, who will administer the

project.

This Agreement has been approved as to form, substance, and execution by the Office of the Attorney

General. In the event that New Hampshire VW Trust funds become no longer available, general funds

will not be requested to support this program.

We respectfully request your approval.

Robert R. Scott

Commissioner

FORM NUMBER G-1 (version 11/2021)

GRANT AGREEMENT

The State of New Hampshire and the Grantee hereby

Mutually agree as follows:

GENERAL PROVISIONS

1. Identification and Definitions.

1.1. State Agency Name

Department of Environmental Services

1.2. State Agency Address

29 Hazen Drive

Concord, NH 03301

1.3. Grantee Name

Town of Marlow, NH

1.4. Grantee Address

167NH Route 123

Marlow, NH 03456

1.5 Grantee Phone #

603-446-2245 Ext. 1

1.5. Account Number

N/A

1.7. Completion Date

12/31/26

1.8. Grant Limitation

$212,781

1.9. Grant Officer for State Agency

Samantha Bevier, Grants Coordinator

1.10. State Agency Telephone Number

603-271-8330

If Grantee is a municipality or village district: "By signing this form we certify that we have complied with any public

meeting requirement for acceptance of this grant, including if applicable RSA 31:95-b."

1.11. Grantee Signature 1

"--A Pv •

Grantee Signature 2 ^

1.12. Name & Title of Grantee Signor 1

^ficqui fRV^

Name & Title of Grantee Signor 2

Grantee Signature 3 Name & Title of Grantee Signor 3

1.13 Sts^ Aaenw Signaturp(s) 1.14. Name & Title of State Agency Signor(s)

Robert R. Scott, Commissioner

l.l5. Approval by Attorney General (Form, Substance and Execution) (if G & C approval required)

By:

viVni vjviivi Ml uriii^ oulisImIIvc <tiiu Ob v«-

Assistant Attorney General, On: 1^/ /^^

1.16. Approval by Governor and Council (if applicable)

By: On: / /

2. SCOPE OF WORK: In exchange for grant funds provided by the State of New Hampshire, acting

through the Agency identified in block 1.1 (hereinafter referred to as "the State"), the Grantee

identified in block 1.3 (hereinafter referred to as "the Grantee"), shall perform that work identified and

more particularly described in the scope of work attached hereto as EXHIBIT B (the scope of work

being hereinafter referred to as "the Project").

4.

4.1.

4.2.

5.2.

5.3.

5.4.

5.5.

7.

7.1.

7.2.

8.2.

8.3.

9.

9.1

AREA COVERED. Except as otherwise specifically provided for herein, the

Grantee shall perform the Project in, and with respect to, the State of New

Hampshire. 9 2

EFFECTIVE DATE: COMPLETION OF PROJECT.

This Agreement, and all obligations of the parties hereunder, shall become

effective on the date on the date of approval of this Agreement by the Govemor

and Council of the State of New Hampshire if required (block 1.16), or upon 9 3

signature by the State Agency as shown in block 1.14 ("the Effective Date")

Except as otherwise specifically provided herein, the Project, including all reports 9 4

required by this Agreement, shall be completed in ITS entirety prior to the date in

block 1.7 (hereinafter referred to as "the Completion Date").

GRANT AMOUNT: LIMITATION ON AMOUNT: VOUCHERS: PAYMENT.

The Grant Amount is identified and more particularly described in EXHIBIT C,

attached hereto. 9 5

The manner of, and schedule of payment shall be as set forth in EXHIBIT C.

In accordance with the provisions set forth in EXHIBIT C, and in consideration ]0.

of the satisfactory performance of the Project, as determined by the State, and as

limited by subparagrapb 5.5 of these general provisions, the State shall pay the

Grantee the Grant Amount. The State shall withhold from the amount otherwise

payable to the Grantee under this subparagraph 5.3 those sums required, or

permitted, to be withheld pursuant to N.H. RSA 80;7 through 7-c.

The payment by the State of the Grant amount shall be the only, and the complete

payment to the Grantee for all expenses, of whatever nature, incurred by the

Grantee in the performance hereof, and shall be the only, and the complete,

compensation to the Grantee for the Project. The State shall have no liabilities to 11.

the Grantee other than the Grant Amount. Ill

Notwithstanding anything in this Agreement to the contrary, and notwithstanding

unexpected circumstances, in no event shall the total of all payments authorized, 11,1,1

or actually made, hereunder exceed the Grant limitation set forth in block 1.8 of 11.1,2

these general provisions. 1113

COMPLIANCE BY GRANTEE WITH LAWS AND REGULATIONS. In 11,1,4

connection with the performance of the Project, the Grantee shall comply with all 11,2

statutes, laws regulations, and orders of federal, state, county, or municipal

authorities which shall impose any obligations or duty upon the Grantee, including 11,2.1

the acquisition of any and all necessary permits and RSA 31 -95-b.

RECORDS and ACCOUNTS.

Between the Effective Date and the date seven (7) years after the Completion

Date, unless otherwise required by the grant terms or the Agency, the Grantee

shall keep detailed accounts of all expenses incurred in connection with the 11.2.2

Project, including, but not limited to, costs of administration, transportation,

insurance, telephone calls, and clerical materials and services. Such accounts

shall be supported by receipts, invoices, bills and other similar documents.

Between the Effective Date and the date seven (7) years after the Completion

Date, unless otherwise required by the grant terms or the Agency pursuant to 11.2.3

subparagraph 7.1, at any time during the Grantee's normal business hours, and as

often as the State shall demand, the Grantee shall make available to the State all 1 L2.4

records pertaining to matters covered by this Agreement. The Grantee shall

permit the State to audit, examine, and reproduce such records, and to make audits 12.

of all contracts, invoices, materials, payrolls, records of personnel, data (as that 12.1

term is hereinafter defined), and other information relating to all matters covered

by this Agreement. As used in this paragraph, "Grantee" includes all persons,

natural or fictional, affiliated with, controlled by, or under common ownership

with, the entity identified as the Grantee in block 1.3 of these provisions

PERSONNEL. 12.2.

The Grantee shall, at its own expense, provide all personnel necessary to perform

the Project. The Grantee warrants that all personnel engaged in the Project shall

be qualified to perform such Project, and shall be properly licensed and authorized

to perform such Project under all applicable laws. 12.3.

The Grantee shall not hire, and it shall not permit any subcontractor, subgrantee,

or other person, firm or corporation with whom it is engaged in a combined effort

to perform the Project, to hire any person who has a contractual relationship with

the State, or who is a State officer or employee, elected or appointed.

The Grant Officer shall be the representative of the State hereunder. In the event 12.4.

of any dispute hereunder, the interpretation of this Agreement by the Grant

Officer, and his/her decision on any dispute, shall be final.

DATA: RETENTION OF DATA: ACCESS. 13

As used in this Agreement, the word "data" shall mean all 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, paper, and

documents, all whether finished or unfinished.

Between the Effective Date and the Completion Date the Grantee shall grant to

the State, or any person designated by it, unrestricted access to all data for

examination, duplication, publication, translation, sale, disposal, or for any otber

purpose whatsoever.

No data shall be subject to copyright in the United States or any other country by

anyone other than the State.

On and after the Effective Date 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, whichever

shall first occur.

The State, and anyone it shall designate, shall have unrestricted authority to

publish, disclose, distribute and otherwise use, in whole or in part, all data.

CONDITIONAL NATURE OR AGREEMENT. Notwithstanding anything in

this Agreement to the contrary, all obligations of the State hereunder, including,

without limitation, the continuance of payments hereunder, are contingent upon

the availability or continued appropriation of funds, and in no event shall the State

be liable for any payments hereunder in excess of such available or appropriated

funds. In the event of a reduction or termination of those funds, the State shall

have the right to withhold payment until such funds become available, if ever, and

shall have fhe right to terminate this Agreement immediately upon giving the

Grantee notice of such termination.

EVENT OF DEFAULT: REMEDIES.

Any one or more of the following acts or omissions ofthe Grantee shall constitute

an event of default hereunder (hereinafter referred to as "Events of Default"):

Failure to perform the Project satisfactorily or on schedule; or

Failure to submit any report required hereunder; or

Failure to maintain, or permit access to, the records required hereunder; or

Failure to perform any of the other covenants and conditions of this Agreement

Upon the occurrence of any Event of Default, the State may take any one, or more,

or all, of the following actions:

Give the Grantee 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) days from the date of the notice; and if the Event of Default is not

timely remedied, terminate this Agreement, effective two (2) days after giving the

Grantee notice of termination; and

Give the Grantee 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

Grant Amount which would otherwise accrue to the Grantee during the period

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

Grantee has cured the Event of Default shall never be paid to the Grantee; and

Set off against any other obligation the State may owe to the Grantee any damages

the State suffers by reason of any Event of Default; and

Treat the agreement as breached and pursue any of its remedies at law or in equity,

or both.

TERMINATION.

In the event of any early termination of this Agreement for any reason other than

the completion of the Project, the Grantee shall deliver to the Grant Officer, not

later than fifteen (15) days after the date of termination, a report (hereinafter

refemed to as the "Termination Report") describing in detail all Project Work

performed, and the Grant Amount earned, to and including the date of termination.

In the event of Termination under paragraphs 10 or 12.4 of these general

provisions, the approval of such a Termination Report by the State shall entitle

the Grantee to receive that portion of the Grant amount eamed to and including

the date of termination.

In the event of Termination under paragraphs 10 or 12.4 of these general

provisions, the approval of such a Termination Report by the State shall in no

event relieve the Grantee from any and all liability for damages sustained or

incurred by the State as a result of the Grantee's breach of its obligations

hereunder.

Notwithstanding anything in this Agreement to the contrary, either the State or,

except where notice default has been given to the Grantee hereunder, the Grantee,

may terminate this Agreement without cause upon thirty (30) days written notice.

CONFLICT OF INTEREST. No officer, member of employee of the Grantee,

and no representative, officer or employee of the State of New Hampshire or of

the goveming body of the locality or localities in which the Project is to be

performed, who exercises any functions or responsibilities in the review or

Grantee InitialF-^V

Date uIqI'^

14.

15.

16.

18.

19.

20.

17.

17.1

17.1.1

17.1.2

approval of the undertaking or carrying out of such Project, shall participate in 17.2.

any decision relating to this Agreement which affects his or her personal interest

or the interest of any corporation, partnership, or association in which he or she

is directly or indirectly interested, nor shall he or she have any personal or

pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof.

GRANTEE'S RELATION TO THE STATE In the performance of this

Agreement the Grantee, its employees, and any subcontractor or subgrantee of

the Grantee are in all respects independent contractors, and are neither agents

nor employees of the State. Neither the Grantee nor any of its officers,

employees, agents, members, subcontractors or subgrantees, shall have authority

to bind the State nor are they entitled to any of the benefits, workmen's

compensation or emoluments provided by the State to its employees.

ASSIGNMENT AND SUBCONTRACTS. The Grantee shall not assign, or

otherwise transfer any interest in this Agreement without the prior written

consent of the State. None of the Project Work shall be subcontracted or

subgranted by the Grantee other than as set forth in Exhibit B without the prior

written consent of the State.

INDEMNIFICATION. The Grantee shall defend, indemnify and hold harmless

the State, its officers and employees, from and against any and all losses suffered

by the State, its officers and employees, and any and all claims, liabilities or

penalties asserted against the State, its officers and employees, by or on behalf 21.

of any person, on account of, based on, resulting from, arising out of (or which

may be claimed to arise out of) the acts or omissions of the Grantee or

subcontractor, or subgrantee or other agent of the Grantee. Notwithstanding the

foregoing, nothing herein contained shall be deemed to constitute a waiver of the

sovereign immunity of the State, which immunity is hereby reserved to the State

This covenant shall survive the termination of this agreement.

INSURANCE.

The Grantee shall, at its own expense, obtain and maintain in force, or shall 23.

require any subcontractor, subgrantee or assignee performing Project work to

obtain and maintain in force, both for the benefit of the State, the following

insurance:

Statutory workers' compensation and employees liability insurance for all

employees engaged in the performance of the Project, and

General liability insurance against all claims of bodily injuries, death or property

damage, in amounts not less than $1,000,000 per occurrence and $2,000,000

aggregate for bodily injury or death any one incident, and $500,000 for property

damage in any one incident; and

22.

24.

The policies described in subparagraph 17.1 of this paragraph shall be the standard

form employed in the State of New Hampshire, issued by underwriters acceptable

to the State, and authorized to do business in the State of New Hampshire. Grantee

shall flimish to the State, certificates of insurance for all renewal(s) of insurance

required under this Agreement no later than ten (10) days prior to the expiration

date of each insurance policy.

WAIVER OF BREACH. No failure by the State to enforce any provisions hereof

after any Event of Default shall be deemed a waiver of its rights with regard to

that Event, or any subsequent Event. No express waiver of any Event of Default

shall be deemed a waiver of any provisions hereof. No such failure of waiver

shall be deemed a waiver of the right of the State to enforce eaeh and all of the

provisions hereof upon any further or other default on the part of the Grantee.

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

first above given.

AMENDMENT. 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 Council of the State

of New Hampshire, if required or by the signing State Agency.

CONSTRUCTION OF AGREEMENT AND TERMS. This Agreement shall be

construed in accordance with the law of the State of New Hampshire, and is

binding upon and inures to the benefit of the parties and their respective successors

and assignees. The captions and contents of the "subject" blank are used only as

a matter of convenience, and are not to be considered a part of this Agreement or

to be used in determining the intend of the parties hereto.

THIRD PARTIES. The parties hereto do not intend to benefit any third parties

and this Agreement shall not be construed to confer any such benefit.

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 relating hereto.

SPECIAL PROVISIONS. The additional or modifying provisions set forth in

Exhibit A hereto are incorporated as part of this agreement.

Grantee Initials^^^^Date

EXHIBIT A

SPECIAL PROVISIONS

N/A

Grantee Initials

Date ti n

r—fe

EXHIBIT B

SCOPE OF SERVICES

Grant Number: NH-VW-2025-02-12

Project Title: NH Volkswagen Environmental Mitigation Trust - Granite State Clean Fleets with

Town of Marlow - Plow Truck Replacement Project

Subgrant Program for New Hampshire Government Entity Diesel Emissions Reduction Projects

This Scope of Services describes activities that have been agreed to between the New Hampshire

Department of Environmental Services (NHDES) and the Town of Marlow (Vendor Code #159902-6001)

for a plow truck that operates in Marlow, New Hampshire to reduce diesel emissions in the State using

funds available via the Granite State Clean Fleets Grant Program, funded by the New Hampshire

Volkswagen Environmental Mitigation Trust.

The project activities will be carried out in Marlow, New Hampshire by the Town of Marlow (hereinafter

referred to as "the Recipient").

This Agreement will become effective upon approval by Governor and Council. The project completion

date is December 31,2026, with additional reporting requirements.

NHDES and the Recipient will undertake under this Agreement the replacement of one (1) diesel-

powered plow truck.

For the purposes of this Agreement, NHDES and the Recipient agree to the following:

1. NHDES shall assign the appropriate staff to coordinate this project with the Recipient.

2. The Recipient shall purchase and operate one (1) engine model year (EMY) 2026 Internabonal

HV507 ("replacement unit") as a replacement for the EMY 1994 International 4900 ("existing unit")

identified in their proposal to the Request for Proposals or, with prior written approval from NHDES,

the exisbng unit may be replaced with a comparable make/model. The Request for Proposals and

the Recipient's proposal are incorporated into the Agreement by reference.

3. The replacement unit will be an EMY 2026 or newer unit as specified in the project proposal.

4. NHDES shall reimburse the Recipient 80 percent of the eligible expenses, or $212,781, whichever is

less.

5. Eligible expenses under this grant include the cost of only: the replacement unit and attachments,

accessories, modifications, or auxiliary apparatuses necessary to make the replacement unit usable

for the purpose for which it is acquired.

6. Ineligible expenses include, but are not limited to: "opbonal" components or "add-ons" to the unit,

unit registration, scrappage of existing unit, engineering, project management, and personnel costs.

Grantee Initials''^^^^^Date_\\\nU^

7. The Recipient shall provide NHDES with the following information on the existing unit prior to

purchasing the replacement unit:

a. Annual miles driven d. Vehicle Identification g- Unit Class

b. Annual fuel use and Number (VIN) h. Engine Manufacturer

fuel type e. Engine Model Year i. Engine Serial Number

c. Annual idling hours f. Gross Vehicle Weight j- Engine Family Number

Rating (GVWR) k. Description of routes or typical

use

8. The existing unit shall betaken out of service no later than 15 days following the placement into

service of the replacement unit.

9. The existing unit will be scrapped within 90 days from the date the replacement is put into service.

10. The Recipient shall use the replacement unit in normal service for a period of no less than five (5)

years. In the event that the Recipient sells or surpluses the replacement unit within five years of the

effective date of this contract, the Recipient shall follow the guidelines set forth in Title 2 Code of

Federal Regulations, Subtitle A, Section 200.313, and shall reimburse the State of New Hampshire in

accordance with the depreciation table below.

Project: Town of Marlow - Plow Truck Replacement

Percent Value Value to be Returned to

Remaining NHDES

Year lvalue 20 $42,SS6

Year 2 value 16 $34,045

Year 3 value 12.8 $27,236

Year 4 value 10.2 $21,704

Year 5 value 7.6 $16,171

Note: calculation is based on a maximum reimbursement value of

$212,781. If total reimbursements are less than $212,781, the value

to be returned to NHDES will be reduced proportionately.

11. The Recipient shall:

a. Register the replacement unit in accordance with New Hampshire law;

b. Maintain the replacement unit in accordance with manufacturer recommendations;

c. Not make modifications to the replacement unit including its engine; and,

d. Make the replacement unit and related documents (including maintenance records)

available for follow-up inspection for five years from date of grant approval, if requested by

NHDES.

12. The Recipient shall scrap the existing unit or render it permanently disabled. NHDES shall be allowed

the opportunity to witness the destruction of the engine and chassis with a two-week (minimum)

advance notice of the event. The existing unit shall be permanently disabled by:

a. Creating a minimum 3-inch diameter hole completely through the engine block; and

b. Cutting the chassis rails in half.

Grantee Initials

p ^ fo Date I i l n ^

13. The Recipient shall supply documentation to NHDES confirming the scrappage requirements have

been met for the existing unit within two weeks of the event. The documentation must be signed by

the authorized representative listed on the grant application form or other duly authorized

representative. The documentation must include:

a. The date the existing unit was scrapped;

b. The engine model year, engine family name, engine serial number, and Vehicle Identificabon

Number (VIN) for the existing unit;

c. The name and contact information for the entity that scrapped the exisbng unit; and

d. The following photographic images of the existing unit, clearly labeled:

i. Side profile of the unit;

ii. VIN;

ill. The engine tag that includes the engine serial number and engine family number (if

available);

iv. Chassis rails cut in half;

V. Engine block prior to destruction; and

vi. Engine block after destruction.

Scrappage may be completed by the Recipient or by a salvage yard or similar service, provided all

scrappage requirements have been met and all necessary documentation provided to NHDES.

14. The Recipient shall submit Quarterly Project Status Reports ("Quarterly Reports") to NHDES, the

first of which is due upon completion of the first calendar quarter following the Effective Date of the

Agreement and the last of which is due two years after acquisition of the replacement units.

Quarterly Reports are due January 15'\ April 15'^ July 15'^ and October 15*'' (e.g., if the Effective

Date were in August, then the first report would cover activities through September, as part of the

July-September calendar quarter, and would be due October 15*''). Quarterly Reports shall include

sufficient information for NHDES to know the status of the unit replacement and destruction of the

existing unit, to know if the replacement unit is in service, and to estimate the emissions reductions

attributable to the project, including:

a. The status of the replacement unit's order and delivery, with estimates of delivery and in-

use dates of the replacement unit not yet procured and put in service;

b. A description of each unit's (existing and replacement, as applicable) service status and

maintenance (scheduled and unscheduled) during the preceding calendar quarter;

c. The amount of fuel (diesel gallons) used by each unit (existing and replacement, as

applicable) during the preceding calendar quarter;

d. The number of miles and hours each unit (existing and replacement, as applicable) was used

in the preceding calendar quarter; and

e. The estimated amount of idling experienced by each unit (exisbng and replacement, as

applicable) in the preceding calendar quarter.

15. The Recipient shall submit three Annual Project Status Reports ("Annual Reports") to NHDES by

January 15"^ beginning the January following the last quarterly report. Annual Reports shall include

sufficient informabon for NHDES to esbmate the emissions reducbons attributable to the project,

including:

a. The amount of fuel (diesel gallons) used by the unit during the preceding calendar year;

b. A descripbon of the unit's service status and maintenance (scheduled and unscheduled)

during the preceding calendar year;

c. The number of miles the unit was used in the preceding calendar year; and

Grantee InitialF^^ %Date t

d. The estimated amount of idling the unit experienced in the preceding calendar year.

16. The Recipient shall not use grant funds for any costs not specified in this Exhibit B, Scope of Services.

The Recipient shall complete all activities, reports, and work products specified herein.

Grantee Initials

Date

itials^C.3ate

EXHIBIT C

METHOD OF PAYMENT

1) Payments under this Agreement are not to exceed $212,781 or 80 percent of eligible project costs,

whichever is less.

2) NHDES will reimburse the Recipient for eligible expenses provided the Recipient is in compliance

with all provisions of this Grant Agreement, including the recordkeeping and reporting requirements

in Exhibit B.

3) Invoices may be submitted for reimbursement upon payment. No more than 90 percent of the grant

amount shall be reimbursed prior to registration of the replacement unit, if applicable, and

scrappage of the existing unit. The final reimbursement request shall include the following:

a) Payment request on the Recipient's letterhead with the following information for each unit

(existing and replacement):

i) Vehicle Identification Number (VIN);

ii) Engine and unit model year;

iii) Engine and unit manufacturer;

iv) Engine serial number;

v) Engine family number;

vi) Unit's class;

vii) Fuel type; and

viii) Cost of unit replacement.

b) A copy of the unit's registration, if applicable;

c) A copy of all vendor invoices;

d) A copy of cancelled checks or other documents verifying payment;

e) Proof of scrappage as per Exhibit B; Sections 12-13; and

f) Contact information for any questions related to reimbursement requests.

4) NHDES will process complete invoices within 45 days of receipt. Funds transferred directly from the

Volkswagen Mitigation Trust are subject to approval by Trust administrators.

5) Invoices must be submitted by the Completion Date in Section 1.7 of this Grant Agreement. Invoices

submitted after this date may be denied.

6) All obligations of NHDES and the State of New Hampshire are contingent upon availability and

continued appropriation of funds for the services.

Grantee Initials ^

Date

Certificate of Authority (Board of Selectman Vote - Municipality))

Board of Selectman Vote

Certificate of Vote of Authorization

Grant Recipient: The Town of Marlow, 167 NH Route 123, Marlow NH03456

I, John Luke, Select Board Chair, of the Town of Marlow do hereby certify that at a Board of

Selectmen vote held on 17 November, 2025 granted the Town of Marlow the authority to enter

into a Granite State Clean Fleets Grant Agreement with the New Hampshire Department of

Environmental Services, Air Resources Division, which is a reimbursement project only, and

voted that Jacqui Fay, Executive Administrator is duly authorized to enter into said agreement on

behalf of the Town of Marlow, NH, and is further authorized to execute any documents which

may, in their judgement, be desirable or necessary to affect the purpose of this vote.

IN WITNESS WHEREOF, I have hereunto set my hand as Select Board Chair for the Town of

Marlow, NH.

JOHN LUKE A ^ 17 November 2025

STATE OF NEW HAMPSHIRE

Primex®NH Public Risk Monogement Exchange CERTIFICATE OF COVERAGE

The New Hampshire Public Risk Management Exchange (Primex^) is organized under the New Hampshire Revised Statutes Annotated, Chapter 5-B,

Pooled Risk Management Programs. In accordance with those statutes, its Trust Agreement and bylaws, Primex^ is authorized to provide pooled risk

management programs established for the benefit of political subdivisions in the State of New Hampshire.

Each member of Primex^ is entitled to the categories of coverage set forth below. In addition, Primex^ may extend the same coverage to non-members.

However, any coverage extended to a non-member is subject to all of the terms, conditions, exclusions, amendments, rules, policies and procedures

that are applicable to the members of Primex^ including but not limited to the final and binding resolution of all claims and coverage disputes before the

Primex^ Board of Trustees. The Additional Covered Party's per occurrence limit shall be deemed included in the Member's per occurrence limit, and

therefore shall reduce the Member's limit of liability as set forth by the Coverage Documents and Declarations. The limit shown may have been reduced

by claims paid on behalf of the member. General Liability coverage is limited to Coverage A (Personal Injury Liability) and Coverage B (Property

Damage Liability) only, Coverage's C (Public Officials Errors and Omissions), D (Unfair Employment Practices), E (Employee Benefit Liability) and F

(Educator's Legal Liability Claims-Made Coverage) are excluded from this provision of coverage.

The below named entity is a member in good standing of the New Hampshire Public Risk Management Exchange. The coverage provided may,

however, be revised at any time by the actions of Primex^. As of the date this certificate is issued, the information set out below accurately reflects the

categories of coverage established for the current coverage year.

This Certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend, or

alter the coverage afforded by the coverage categories listed below.

Participating Member: Member Number: Company Affording Coverage:

Town of Marlow 233 NH Public Risk Management Exchange - Primex®

167 New Hampshire Rt 123 PO Box 23

Marlow, NH 03456 Hooksett, NH 03106-9716

Type of Coverage Effective Date

(mm/dd/vwyj

Expiration Date

(mm/ddfyyyy) Limits- NH Statutory Limits May Apply, if Not:

General Liability (Occurrence Form)

I Professional Liability (describe)

□ Z7 □ -

7/1/2025 7/1/2026 Each Occurrence

General Aggregate

Fire Damage (Any one

fire)

Med Exp (Any one person)

$2,000,000

$10,000,000

X Automobile Liability

Deductible Comp and Coll: $1,000

7/1/2025 7/1/2026

Any auto

Combined Single Limit

(Each Accident)

Aggregate

$ 2,000,000

$ 10,000,000

Workers' Compensation & Employers' Liability 7/1/2025 7/1/2026 Statutory

Each Accident $2,000,000

Disease — Each Employee $2,000,000

Disease — Policy Limit

Property (Special Risk includes Fire and Theft) 7/1/2025 7/1/2026 Blanket Limit, Replacement

Cost (unless otherwise stated)

Deductible: $1,000

Description: Proof of Primex Member coverage only. Pollution and hazardous waste related liabilities, expenses and claims are

excluded from coverage in the coverage document.

CERTIFICATE HOLDER: Additional Covered Party Loss Payee Primex' - NH Public Risk Management Exchange

By; "Tifa-y p"uicefi

Date: 12/1/2025 mpurcell@nhprimex.orgState of New Hampshire

Department of Environmental Services

29 Hazen Drive, PO Box 95

Concord, NH 03302-0095

Please direct inquires to:

Primex' Claims/Coverage Services

603-225-2841 phone

603-228-3833 fax

ATTACHMENT A

New Hampshire Volkswagen Environmental Mitigation Trust

Rolling 2025 Granite State Clean Fleets Grant Program

Scoring Results and Funding Amounts of Eligible Proposals

Selected - Month of October

Grant Applicant Project

Location

Funding Amount Score

Town of Marlow Marlow $212,781 67

Town of Belmont Belmont $500,000 65

City of Concord

Project #1 Concord $226,439 63

City of Concord

Project #2 Concord $195,135 61

Not Selected - Month of October

Town of Barnstead Barnstead $246,189 48

Detailed Scoring Results

Applicant

Proposa llC ytira&Project ReadinessCost ffE.ONxReductionsCost ffE.PM25.ReductionsCost ffE.C02ReductionsAddiitona lBenefitsTota lBase ScorelAternative FuelBonus

Priority HNComm.Bonus

iF lanScore

Maximum 40 20 20 10 10 100 20 10 130

Town of Marlow 36 10 6 1 4 57 0 10 67

Town of Belmont 40 2 2 1 10 55 0 10 65

City of Concord - Project #1 35 10 2 1 10 58 0 5 63

City of Concord - Project #2 35 8 2 1 10 56 0 5 61

Town of Barnstead 32 4 2 7 3 48 0 0 48

Reviewers

Reviewer Title Years of Experience

Jessica Wilcox Technical Services Bureau

Administrator, NHDES

8

Jack Wade Mobile Sources Section

Supervisor, NHDES

2

Samantha Bevier Grants Program Coordinator,

NHDES

1