Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 52

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

52

Agency Names

Department Of Environmental Services

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

The State of New Hampshire

NIIDES Department of Environmental Services

Robert R. Scott, Commissioner

November 26, 2025

w

4:2

HRC

JAN 0 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

City of Manchester, NH (177433-B004) totaling $2,500.00 for the purpose of used oil collections, effective

upon Governor & Council approval through July 31, 2026. 100% Hazardous Waste Cleanup Funds.

Funding is available in the account as follows.

FY 2026

03-44-44-444010-5392-073-500580 $2,500.00

Dept. of Environmental Services, Hazardous Waste Cleanup Fund, Grants- Non-Federal

EXPLANATION

The used oil grant program was established in 1994 under authority of RSA 147-B, to pay for the

development, improvement, or operation of used oil collection centers. Political subdivisions, other

government entities, non-profit organizations, and private businesses that are registered state motor

vehicle inspections stations, are eligible for not-to-exceed annual grants of $2,500. The purpose of the

used oil grant program is to encourage proper handling, recycling, and sound disposal practices for this

common waste material. If used oil is disposed in drains, on the ground, or with municipal solid waste,

adverse impacts to surface water and groundwater may result. In a typical year, approximately 200,000

gallons of used oil are collected at established grant-assisted centers. Grants are awarded on a "first-

come, first-serve" basis. This grant award, while less than the $10,000 threshold, requires G&C approval

as the City of Manchester has already received funds in excess of the threshold for this fiscal year.

In the event that other funds become no longer available. General funds will not be requested to support

the project. This agreement has been approved as to form, substance, and execution by the Office of the

Attorney General.

We respectfully request your approval.

(bbert R. Scott,

Commissioner

www.des.nh.gov

PO Box 95, 29 Hazen Drive, Concord, NH 03302-0095

Telephone: (603)271-2942 Fax: (603)271-2181 TDD Access: Relay NH 1-800-735-2964

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

Citv of Manchester

1.4. Grantee Address

475 Vallev Street. Manchester. NH 03013

1.5 Grantee Phone #

603-792-5306

1.6. Account Number

03-44-44-444010-5392-

073-500580

1.7. Completion Date

July 31, 2026

1.8. Grant Limitation

$2,500.00

1.9. Grant Officer for State Agency

Andrew Gouid

1.10. State Agency Telephone Number

603-271-6424

If Grantee is a municipality or village district: "By signing this f

meetInK reauirement for acceotance of this erant. inciudine

orm we certify that we have complied with any pubilc

faDDlicableRSA31;95-b."

1.11. Grantee Signature 1 1.12. Name & Title of Grantee Signer 1

Grantee Signature 2 Name & Title of Grantee Signer 2

Grantee Signature 3 Name & Title of Grantee Signer 3

1.13 y^n^^natur#^ ^ 5*®*® Agency Signor(s)

^ Robert R. Scott, Commissioner

l.i5. Approval by Attorney General (Form, Substance and Execution) (if G & C approval required)

By: Assistant Attorney General, On:

1^6. 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.

S.

5.1.

5.2.

5.3.

5.4.

5.5.

7.

7.1.

7.2.

8.

8.1.

8.2.

8.3.

9.

9.1.

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

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

Hampshire.

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 Governor

and Council of the State of New Hampshire If required (block 1.16), or upon

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

required by this Agreement, shall be completed In ITS entirety prior to the data 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.

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 of

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

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

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

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

the Grantee other than the Grant Amount.

Notwithstanding anything In this Agreement to the contrary, and notwithstanding

unexpected circumstances. In no event shall the total of all payments authorized,

or actually made, hereunder exceed the Grant limitation set forth In block 1.8 of

these general provisions.

COMPLIANCE BY GRANTEE WITH LAWS AND REGULATIONS. In

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

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

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

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

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 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 records pertaining to matters covered by this

Agreement. The Grantee shall permit the State to audit, examine, and

reproducesuch records, and to make audits of all contracts. Invoices, materials,

payrolls, records of personnel, data (as that 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

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.

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

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.

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.

9.2.

9.3.

9.4.

9.5.

10.

11.

11.1.

11.1.1

11.1.2

11.1.3

11.1.4

11.2.

11.2.1

11.2.2

11.2.3

11.2.4

12.

12.1.

12.2.

12.3.

12.4.

13.

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 other

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 afterthe 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 the 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 of the 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

mayowe to theGrantee 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 orin 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

referred 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 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 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. CONFLia 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 governing body of the locality or localities in which the

Project Is to be performed, who exercises anyfunctlons or responsibilities in the

review or

Grantee Initials "7t/C

Date

14.

15.

16.

17.

17.]

18.

19.

1.1

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 SUBCONTRAaS. 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 a without the prior 20.

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 21.

penalties asserted against the State, Its officers and employees, by or on behalf

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 he deemed to constitute a waiver

of the sovereign Immunity of the State, which immunity Is hereby reserved to the 22.

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

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 anyone Incident, and $500,000 for property

damage in any one incident; and

23.

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

totheStata,andauthorlzedtodobuslnesslntheStateofNewHampshlre. Grantee

shall furnish 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. NofallurebytheStatetoenforceanyprovislonshereof 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 each 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 Terms and Conditions

1) The State reserves the right to audit the Grantee's expenditures for the Project and to

retract and/or seek reimbursement for Grant Monies paid to the Grantee w/henever,

subsequent to payment of Grant Monies, it becomes known that any of the terms and

conditions of this agreement were, in fact, not fulfilled.

2) It is understood that through the State's approval and/or payment of said Grant Monies for

the Project, the State, including NHDES, Waste Management Division, its officers and

employees, assumes no liability regarding this Project, including, but not limited to, liability

for injury, death, or property damage that might arise during or from this Project or during

or from the State's conduct of its used oil management program. Nothing in this agreement

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.

3) NHDES may exercise its authority to modify, suspend or terminate the Project if it

determines that the Project poses a threat to human health or the environment.

4) The Grantee shall allow NHDES to have access to and conduct any monitoring of the Project

deemed necessary by DES to ensure its compliance with the terms of this agreement and

with state and federal statutes and regulations.

5) The Grantee shall maintain insurance as documented by Exhibit C attachment-1 (the

"Certificate of Liability Coverage").

EXHIBIT B

Scope of Services

1) The Grantee shall purchase materials and/or obtain services to establish, improve, or

operate a used oil collection center in accordance with the terms and conditions of this

agreement and as detailed in Exhibit A attachment-1 (the "work plan").

2) The Grantee agrees to construct and operate said used oil collection center in accordance

with all applicable State and Federal laws and regulations.

3) The Grantee shall complete its project within one year of the grant award date unless prior

written approval for an extension of the time has been received from the Department of

Environmental Services (NHDES). Failure to do so may result in termination of this

agreement.

Grantee Initials r

Date

EXHIBIT C

Price and Payments

1) The State agrees to pay the Grantee the Grant Monies upon the successful completion of

the Project. Successful completion shall mean that (1) the Grantee has fulfilled the terms

and conditions of this agreement, and (2) the Grantee's accounting records, including

invoices and receipts for all materials purchased and services rendered, have been

submitted to NHDES. The payment of funds to the Grantee shall not be construed as a

waiver by NHDES of any past, present or future right, claim or cause of action related to the

performance of this agreement.

2) Upon fulfillment of the terms and conditions of this agreement, including all of the

conditions of a successful completion of the Project, the State shall pay to the Grantee the

amount of reimbursable costs as determined by NHDES, not to exceed $2,500.00, or the

amount provided in RSA 147-8:13,1(a), whichever is less.

3) Grantee expenses not directly associated with the Project shall not be reimbursable by the

State. Grantee personnel costs shall not be reimbursable pursuant to provision 8.1 of this

agreement.

4) The Grantee agrees to pay for all Project costs In excess of the amount of reimbursable

costs authorized under this agreement.

5) The Grantee agrees to submit invoices and receipts itemizing Project costs for which

reimbursement is sought to the N.H. Department of Environmental Services, Waste

Management Division, Used Oil Program, P.O. Box 95, Concord, NH 03302-0095, within one

year of the grant award date.

6) The Grantee agrees that no Grant Monies shall be paid by the State unless and until NHDES

has reviewed and determined that such costs or expenditures qualify for reimbursement

under the terms of this agreement, and all applicable state and federal requirements;

provided that payment of funds to the Grantee shall not be construed as a waiver of any

past, present or future right, claim or cause of action related to the performance of this

agreement or any applicable state or federal law.

Grantee initials

Date

SECTION 111 (WORK PLAN)

Description: The applicant collects, or intends to collect, Do-lt-Yourselfer used oil and/or filters from

residents who generate used oil as a household waste when they change their own automotive oil. The

applicant is requesting grant funds related to their Do-lt-Yourselfer used oil collection center. Details are

provided below.

Line Item (Service or Product) Cost

New 250 gallon capacity waste oil tank/Drums we have are getting weak $3,190

Total Estimated Cost

$3,190

SECTION IV (AUTHORIZATION)

certify that, to the best of my knowledge, all the foregoing information is complete and accurate.

tp! iLfJ(Date)

\ /3

(Signature of Authorizecized Person from Section I.)

(Print Name and Title of Authorized Person)

Email or mail application to:

UsedOilGrants (aides, nh.gov

NHDES

Pollution Prevention Section

29 Hazen Drive, PO Box 95

Concord, NH 03302-0095

Please contact us with any questions you may have:

Phone: (603) 271-2047

Email: UsedOilGrants(5)des.nh.gov

2021-11-16 3 of 3

Certificate of Authority by Vote

I, Matthew Normand hereby certify that I am duly elected Clerk/Secretary of{Name)

City of Manchester, NH I hereby certify the following is a true copy of a vote taken at

(Name of Munldpalltv)

a meeting of the Board of Directors, duly called and held on October 7, 202^ at which a

quorum of the Directors were present and voting.

Voted; That Timothy Clougherty, Public Works Director (may list more than one person) is

(Name and We)

duly authorized to enter Into contracts or agreements on behalf of

City of Manchester, NH with the State of New Hampshire and any of Its

(Name of Municipality)

agencies or departments and further Is authorized to execute any documents which may In

his/her judgement be desirable or necessary to affect the purpose of this vote.

I hereby certtfy that said vote has not been amended or repealed and remains In full force and effect as

of the date of the contract to which this certificate Is attached, I further certify that it is understood that

the State of New Hampshire will rely on this certificate as evidence that the person(s) listed above

currently occupy the posltion(s) Indicated and that they have full authority to bind the corporation. To

the extent that there are any limits on the authority of any listed individual to bind the corporation in

contracts with he State of New Hampshire, all such limitations are expressly stated herein.

'<aDated;Q^toberl4.2025 Attest:

(Name and Title)

Matthew Normand, City Clerk

Kevin J, O'Neil

Risk Manager

OS

SirKD

CITY OF MANCHESTER

Office of Risk Management

CERTIFICATE OF COVERAGE

NHDES

29 Hazen Drive- P.O. Box 95

Concord, NH 03302-0095

Attn: HHW Grant Program

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 within the

financial limits of RSA 507-B as follows;

GENERAL LIABILITY

Limits of Liability (in thousands 000)

Bodily Injury and Property Damage

Each Person 325

Each Occurrence 1000

Aggregate 2000

Bodily Injury and Property Damage

Each Person 325

Each Occurrence 1000

Aggregate 2000

AUTOMOBILE LIABILITY

WORKER'S COMPENSATION Statutory Limits

The City of Manchester, New Hampshire maintains a Self-Insured, Self-Funded Program

and retains outside claim service administration. All coverages are continuous until

otherwise notified. Effective on the date Certificate issued and expiring upon completion

of contract. Notwithstanding any requirements, term or condition of any contract or other

document with respect to which this certificate may be issued or may pertain, the

coverage afforded by the limits described herein is subject to all the terms, exclusions and

conditions of RSA 507-B.

DESCRIPTION OF OPERATIONS/LOCATION/CONTRACT PERIOD

Re: For Manchester Highway FY 2026 Household Hazardous Waste Grant firom October

11,2025 through July 31,2026.

Issued the 20th Day of October, 2ft

Risk Manager

One City Hall Plaza • Manchester, New Hampshire 03101 • (603) 624-6S03 • PAX: (603) 624-6528

TTY: 1-800-735-2964

£-MaQ: konell@manche5ternh.gov • Website: wmv.manchesternh.gov