Governor and Executive Council Agenda item PDF - 2026-03-04 - agenda 48

Meeting Date

2026-03-04

Attachment Kind Label

Agenda item PDF

Attachment Relation

cross_meeting_reference

Agenda Numbers

48

Agency Names

Department Of Transportation, Department Of Natural And Cultural Resources

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-04

The State of New Pril2!35

Department of Environmental Services [I

NHDES / ORobert R. Scott, Commissioner

July 6, 2023

His Excellency, Governor Christopher T. Sununu

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the New Hampshire Department of Environmental Services (NHDES) to award a grant to the

Spruce Valley Cooperative, Inc. (VC#424394 POOl) Danville, NH, in the amount not to exceed Sl;019,000

for water and wastewater system improvements, effective upon Governor & Council approval through

February 28, 2026.100% Federal Funds.

Funding is available in the following account:

FY 2024

03-44-44-440010-2476-072-500574 $1,019,000

Dept Environmental Services, ARPA Program, Grants Federal

Activity Code: 00FRF602WB4401G

EXPLANATION

NHDES selected awardees for the Disadvantaged Communities Grant Assistance for Drinking Water and

Wastewater System Improvements Program from applications received in June of 2022. Twenty-six (26)

applications were received, evaluated, and ranked based on criteria established in the application

including being a resident owned community/manufactured home cooperative in the state of New

Hampshire meeting affordability criteria of having a median household income (MHI) less than the

statewide average with at least 50% of the residential units occupied at least six months of the year by

a population meeting this criterion. Out of the 26 applications, 23 were selected to be funded for up to

$1,000,000 for drinking water and $1,000,000 for wastewater projects. See attachment A for funding

amounts, rankings and list of reviewers. NHDES, through the American Rescue Plan Act (ARPA) funds has

offered Spruce Valley Cooperative $1,019,000 in grant funds.

Spruce Valley Cooperative will use the grant funding to make water and wastewater system

improvements. Improvements will include replacement and upgrades to existing aging water

distribution system components, construction of a new well house, addressing source capacity

improvements, replacement and upgrades to septic system components in the existing on-site sewer

disposal systems, and construction of new individual leach fields. This is an allowable use of ARP FRF

funds under Section 602 (c)(1)(D) to make necessary investments in water, sewer, or broadband

infrastructure.

DES Website; vvww.des.nh.gov

P.O. Box 95,29 Hazen Drive, Concord, New Hampshire 03302-0095

Telephone: (603) 271-2513 • Fax: (603) 271-5171 • TDD Access: Relay NH 1-800-735-2964

His Excellency, Governor Christopher T. Sununu

and the Honorable Council

ARPA of 2021 is a $1.9 trillion economic stimulus bill passed by the ll?*'' United States Congress and

signed into law by President Biden on March 11, 2021, to speed up the United States' recovery from the

economic health effects of the COVID-19 pandemic and the resultant recession. The Act defines eligible

uses of the state and local funding, including responding to public health emergencies, responding to

workers performing essential work during the COVID-19 emergency, providing revenue relief to states

and making investments In water, sewer, and broadband infrastructure.

In the event federal funds become no longer available, general funds will not be requested to support

this program. This grant agreement has been approved by the Attorney General's Office as to form,

substance, and execution.

We respectfully request your approval of this item.

belt R. Scott

Commissioner

FORM NUMBER G-1 (version U/2021)

GRANT AGREEMENT

The State of New Hampshire and the Grantee hereby

Mutually agree as follows:

GENERAL PROVISIONS. Identification and Definitions.

I.l. State Agency Name

Department of Environmental Services

1.2. State Agency Address

29 Hazen Drive, P.O. Box 95

Concord, NH 03302-0095

1.3. Grantee Name

Spruce Valley Cooperative, Inc.

1.4. Grantee Address

5 Hemlock Drive Danville, NH 03819

1.5 Grantee Phone #

603-347-1868

1.6. Account Number

03^-44-440010-2476-072

1.7. Completion Date 1.8. Grant Limitation

2/28/2026 $1,019,000

1.9. Grant Officer for State Agency

Alysha Clark, Environmental Program Manager

1.10. State Agency Telephone Number

(603) 271-8484

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

\S\

1.12. Name & Title of Grantee Signor 1

Michele Clark, Operations Manager

Grantee Signature 2

N/A

Name & Title of Grantee Signor 2

N/A

Grantee Signature 3

N/A

Name & Title of Grantee Signor 3

N/A

1.13 State Adfency SienatuLpfs) 1.14. Name & Title of State Agency Signor(s)

Commissioner

// LJ» \ Department of Environmental Services

(/ /

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

By: Assistant Attorney General, On: ^

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.

5.1.

5.2.

5.3.

5.4.

5.5.

7.

7.1.

7.2.

8.1.

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 PATE: 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 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 10.

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 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. 11.1.

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. 11.1.3

COMPLIANCE BY GRANTEE WITH LAWS AND REGULATIONS. In II.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 i 1.2.3

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 11.2.4

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.

The Grantee shall, at its own expense, provide all personnel necessary to perform 12.2.

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, subgranfee, 12.3.

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 12.4.

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 13.

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 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 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 Stale, 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.

Anyone 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 ofthis 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

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

performed, and the Grant Amount earned, to and including the date oftermination.

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.

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 governing 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 Initials

Date

17.2.

14.

15.

16.

18.

19.

20.

17.

17.1

17.1.1

17.1.2

approval of the undenaking or carrying out of such Project, shall participate in

any decision relating to (his 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 subgrantce of

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

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

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 Slate to its employees.

ASSIGNMENT AND SUBCONTRACTS. The Grantee shall not assign, or

otherwise transfer any interest in this Apecment without the prior written

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

subgranlcd 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 Slate, 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 oO the acts or omissions of the Grantee or

sulxontractor, or subgrantce or other agent of the Grantee. Notwithstanding the

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

sovereign immunity ofthe 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

require any subcontractor, subgrantce 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 ofbodily injuries, death or property

damage, in amounts not less than SI.OOO.OOO per occurrence and S2,000,000

aggregate for bodily injury or death any one incident, and S500,000 for property

damage in any one incident; and

22.

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

to the State, and authorized to do business in the State of New Hampshire. 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. No failure by the State to enforce any provisions hereof

aOer any Event of Default shall be dremed 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 lime of mailing by certified mail, postage

prepaid, in a United Slates 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 arc 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 uhdersuutdings 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

Spruce Valley Cooperative, Inc.

CW-334426-01

EXHIBIT A

SPECIAL PROVISIONS

/. NEW HAMPSHIRE STATE AND LOCAL FISCAL RECOVERY FUNDS FEDERAL REQUIREMENTS

This Agreement is funded under a grant to the State of New Hampshire (State) and subsequently through

the Governor's Office for Emergency Relief and Recovery (GOFERR) and New Hampshire Department of

Environmental Services (NHDES) as approved by the Governor and Executive Council from the federal

government through the Department of Treasury (Treasury) through the American Rescue Plan Act of

2021 (ARPA), with the source of funds being the State and Local Fiscal Recovery Funds (SLFRF) Identified

under the Catalog of Federal Domestic Assistance (CFDA) number #21.027. The Federal Award

Identification Number (FAIN) for this award is SLFRP0145. This grant award is a subaward of SLFRF funds

and any and all compliance requirements, as updated by Treasury, for use of SLFRF funds are applicable

to the Subrecipient, without further notice. Treasury requirements are published and updated at

httDs://home.treasurv.gov/Dolicv-issues/coronavirus/assistance-for-state-local-and-tribal-

eovernments/state-and-local-fiscal-recoverv-funds.

FEDERAL FUNDING ACCOUNTABILITY and TRANSPARENCY ACT (FFATAj. The Subrecipient shall comply

with the terms of the FFATA by providing NHDES with their Unique Entity Identifier (Unique Entity ID),

and all applicable Executive Compensation Data information as required under the FFATA. A Unique

Entity ID may be obtained by visiting https://www.sam.gov.

SAM REGISTRATION: The Subrecipient must have an active registration with the System for Award

Management (SAM) (https;//www.sam.govl.

GENERALLY ACCEPTED ACCOUNTING PROCEDURES: The Subrecipient, if a governmental entity, shall

maintain project accounts in accordance with the Generally Accepted Accounting Principles (GAAP),

including standards relating to the reporting of infrastructure assets as issued by the Governmental

Accounting Standards Board (GASB). The full text of Governmental Accounting Reporting Standards is

available through the GASB website at: http://www.gasb.org

RECORDKEEPING REQUIREMENTS: The Subrecipient must maintain records and financial documents for

five years after all funds have been expended or returned to the State and/or Treasury. Treasury may

request transfer of records of long-term value at the end of such period. Wherever practicable, such

records should be collected, transmitted, and stored in open and machine-readable formats.

Subrecipient must agree to provide or make available such records to the State and Treasury upon

request, and to the Government Accountability Office ("GAG"), Treasury's Office of Inspector General

("OIG"), and their authorized representative in order to conduct audits or other investigations.

Grantee Initials tJc

Date

Spruce Valley Cooperative, Inc.

CW-334426-01

SINGLE AUDIT REQUIREMENTS: Recipients and subreciplents that expend more than $750,000 In

Federal awards during their fiscal year will be subject to an audit under the Single Audit Act and its

implementing regulation at 2 CFR Part 200, Subpart F regarding audit requirements. Recipients and

subrecipients may also refer to the Office of Management and Budget (0MB) Compliance Supplements

for audits of federal funds and related guidance and the Federal Audit Clearinghouse to see examples

and single audit submissions.

CIVIL RIGHTS COMPLIANCE: The sub-grantee, contractor, subcontractor, successor, transferee, and

assignee shall comply, and shall Include in every contract or agreement funded with these funds this

same requirement to comply, with Title VI of the Civil Rights Act of 1964, which prohibits recipients of

federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise

discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.),

as Implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are

herein Incorporated by reference and made a part of this contract (or agreement). Title VI also Includes

protection to persons with "Limited English Proficiency" In any program or activity receiving federal

financial assistance, 42 U.S.C. § 2000d et seq., as Implemented by the Department of the Treasury's Title

VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or

agreement.

In order to carry out its enforcement responsibilities under Title VI of the Civil Rights Act, NHDES may

collect and review information from subrecipients to ascertain their compliance with the applicable

requirements before and after providing financial assistance. Treasury's implementing regulations, 31

CFR part 22, and the Department of Justice (DOJ) regulations. Coordination of Non-discrimination in

Federally Assisted Programs, 28 CFR part 42, provide for the collection of data and Information from

recipients and subrecipients (see 28 CFR 42.406).

PERIOD OF PERFORMANCE: All funds are subject to statutory requirements that they must be used for

costs incurred by the recipient during the period that begins on March 3, 2021, and ends on December

31, 2024, and that award funds for the financial obligations incurred by December 31, 2024 must be

expended by December 31, 2026.

PROCUREMENT, SUSPENSION AND DEBARMENT: Recipients are responsible for ensuring that any

procurement using SLFRF funds, or payments under procurement contracts using such funds are

consistent with the procurement standards set forth in the Uniform Guidance at 2 CFR 200.317 through

2 CFR 200.327, as applicable. The Uniform Guidance establishes in 2 CFR 200.319 that all procurement

transactions for property or services must be conducted In a manner providing full and open

competition, consistent with standards outlined In 2 CFR 200.320, which allows for non-competitive

procurements only in circumstances where at least one of the conditions below is true; the Item is below

the micro-purchase threshold; the item Is only available from a single source; the public exigency or

emergency will not permit a delay from publicizing a competitive solicitation; or after solicitation of a

number of sources, competition is determined Inadequate. Subrecipients must have and use

Grantee Initials

Date

Spruce Valley Cooperative, Inc.

CW-334426-01

documented procurement procedures that are consistent with the standards outlined In 2 CFR 200.317

through 2 CFR 200.320.

Subrecipient shall fully comply with Subpart C of 2 C.F.R. Part 180 entitled, "Responsibilities of

Participants Regarding Transactions Doing Business With Other Persons," as implemented and

supplemented by 2 C.F.R. Part 1532. subrecipient is responsible for ensuring that any lower tier covered

transaction, as described in Subpart B of 2 C.F.R. Part 180, entitled "Covered Transactions," and 2 C.F.R.

§ 1532.220, includes a term or condition requiring compliance with 2 C.F.R. Part 180, Subpart C.

subrecipient is responsible for further requiring the Inclusion of a similar term and condition in any

subsequent lower tier covered transactions, subrecipient acknowledges that failing to disclose the

information required under 2 C.F.R. § 180.335 to NHDES may result in the delay or negation of this

assistance agreement, or pursuance of administrative remedies, including suspension and debarment.

Subrecipients may access the System for Award Management (SAM) exclusion list at

https://sam.gov/SAM/to determine whether an entity or individual is presently excluded or disqualified.

By entering into this agreement, the subrecipient certifies that the subrecipient is not debarred or

suspended. Furthermore, the subrecipient certifies that no part of this contract will be subcontracted to

a debarred or suspended person or firm.

DOMESTIC PREFERENCES FOR PROCUREMENTS (2 C.F.R. S 200.322) As appropriate and to the extent

consistent with law, to the greatest extent practicable, there is 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). The requirements of this

section must be included in all subawards including all contracts and purchase orders for work or

products under this award.

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.

PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT:

As required by 2 CFR 200.216, subrecipients, are prohibited from obligating or expending loan or grant

funds to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or

Grantee Initials \^v.AC.

Date_S\M\ii3

Spruce Valley Cooperative, Inc.

CW-334426-01

extend or renew a contract) to procure or obtain equipment, services, or systems that use covered

telecommunications equipment or services as a substantial or essential component of any system, or as

critical technology as part of any system. As described in Public Law 115-232, section 889, covered

telecommunications equipment is telecommunications equipment produced by Huawei Technologies

Company or ZTE Corporation (or any subsidiary or affiliate of such entities). Recipients, Subrecipients,

and borrowers also may not use federal funds to purchase;

a. For the purpose of public safety, security of government facilities, physical security surveillance

of critical infrastructure, and other national security purposes, video surveillance and

telecommunications equipment produced by Hytera Communications Corporation, Hangzhou

Hikvision Digital Technology Company, or Dahua Technology Company {or any subsidiary or

affiliate of such entities).

b. Telecommunications or video surveillance services provided by such entities or using such

equipment.

c. Telecommunications or video surveillance equipment or services produced or provided by an

entity that the Secretary of Defense, in consultation with the Director of the National Intelligence

or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned

or controlled by, or otherwise connected to, the government of a covered foreign country.

Consistent with 2 CFR 200.471, costs incurred for telecommunications and video surveillance services or

equipment such as phones, internet, video surveillance, and cloud servers are allowable except for the

following circumstances:

a. Obligating or expending funds for covered telecommunications and video surveillance services

or equipment or services as described in 2 CFR 200.216 to:

(1) Procure or obtain, extend or renew a contract to procure or obtain;

(2) Enter into a contract (or extend or renew a contract) to procure; or

(3) Obtain the equipment, services, or systems. Certain prohibited equipment, systems,

or services, including equipment, systems, or services produced or provided by entities

identified in section 889, are recorded in the System for Award Management exclusion

list which can be found at https://www.sam.gov/SAM/pages/public/index.isf

REPORTING REQUIREMENTS: For all projects listed under the Water and Sewer Expenditure

Categories (see Table below), detailed project-level information is required.

5: Infrastructure

5.1 Clean Water: Centralized Wastewater Treatment

5.2 Clean Water: Centralized Wastewater Collection and Conveyance

Grantee Initials U.C

Date

Spruce Valley Cooperative, Inc.

CW-334426-01

5.3 Clean Water: Decentralized Wastewater

5.4 Clean Water: Combined Sewer Overflows

5.5 Clean Water: Other Sewer Infrastructure

5.6 Clean Water: Stormwater

5.7 Clean Water: Energy Conservation

5.8 Clean Water: Water Conservation

5.9 Clean Water: Nonpoint Source

5.10 Drinking water: Treatment

5.11 Drinking water: Transmission & Distribution

5.12 Drinking water: Transmission & Distribution: Lead Remediation

5.13 Drinking water: Source

5.14 Drinking water: Storage

5.15 Drinking water: Other water infrastructure

Definitions for water and sewer Expenditure Categories can be found in the EPA's handbooks. For "clean water" expenditure

category definitions, please see: httDs://www.eoa.eov/sites/production/files/2018-03/documents/cwdefinitions.Ddf. For

"drinking water" expenditure category definitions, please see: httDs://www.eDa,eov/dwsrf/drinking-water-state- revolving-

fund-nationai-information-management-svstem-reports.

All Clean Water and Drinking Water infrastructure proiects:

• Projected/actual construction start date (month/year)

• Projected/actual initiation of operations date (month/year)

• Location (for broadband, geospatial location data)

For water and sewer proiects:

• National Pollutant Discharge Elimination System (NPDES) Permit Number (if applicable;

for projects aligned with the Clean Water State Revolving Fund)

• Public Water System (PWS) ID number (if applicable; for projects aligned with the

Drinking Water State Revolving Fund)

II. FEDERAL REQUIREMENTS APPLICABLE TO ARPA INFRASTRUCTURE PROJECTS OVER $10M

For projects over $10 million (based on expected total cost) a recipient shall provide a certification that,

for the relevant project, all laborers and mechanics employed by contractors and subcontractors in the

performance of such project are paid wages at rates not less than those prevailing, as determined by the

U.S. Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code

(commonly known as the "Davis-Bacon Act"), for the corresponding classes of laborers and mechanics

employed on projects of a character similar to the contract work in the civil subdivision of the State (or

the District of Columbia) in which the work is to be performed. All contracts and subcontracts for the

construction of treatment works shall insert in full in any contract the standard Davis-Bacon contract

clause as specified by 29 CFR §5.5(a).

Grantee Initials AAL

Date

spruce Valley Cooperative, Inc.

CW-334426-01

in. OTHER SPECIAL PROVISIONS

A. In addition to the above special provisions, the following provisions as required by federal

regulations apply to this Agreement:

1. Financial management. The Contractor shall comply with 2 CFR part 200 Subpart D and the

specific standards regarding financial reporting, accounting records, internal control, budget

control, allowable cost, source documentation, and cash management outlined therein.

2. Allowable costs. All costs charged to this Agreement shall be eligible, necessary, and reasonable

for performing the tasks outlined in the approved project scope of services. The costs, including

match, shall be incurred during the period of performance of the project, and shall be allowable,

meaning that the costs must conform to specific federal requirements detailed in 2 CFR part 200

Subpart E.

3. Property Management The Contractor shall comply with the property management and

procedures detailed in 2 CFR Part 200 Subpart D.

4. Restrictions on Lobbying. The Contractor shall comply with the terms of 15 CFR part 28 and 2

CFR Part 200 Subpart E which prohibit the use of federal Contract funds to influence (or attempt

to influence) a federal employee, and requires the submission of Standard Form LLL ("Disclosure

of Lobbying Activities") if nonfederal funds have been used to influence (or attempt to influence)

a federal employee.

5. Drug-Free Workplace. The Contractor shall comply with the terms of 2 CFR part 1329 which

require that as a condition of the Agreement, certification that they maintain a drug-free

workplace. By signing and submitting the Agreement, the Contractor certifies that he or she will

not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a

controlled substance in conducting any activity associated with the Agreement.

6. Protection for Whistleblowers. The Contractor shall comply with the terms of 41 U.S.C. §471

regarding Whistleblower protections. As described in 41 USC §471 "an employee of a contractor,

subcontractor, grantee, or subgrantee or personal services contractor may not be discharged,

demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body

described in paragraph (2) information that the employee reasonably believes is evidence of

gross mismanagement of a Federal contract or grant, a gross waste of Federal funds, an abuse of

authority relating to a Federal contract or grant, a substantial and specific danger to public health

or safety, or a violation of law, rule, or regulation related to a Federal contract (Including the

competition for or negotiation of a contract) or grant."

Grantee Initials, McDate

spruce Valley Cooperative, Inc.

CW-334426-01

EXHIBIT B

SCOPE OF SERVICES

Spruce Valley Cooperative, Inc. (COOP) will use the American Rescue Plan Act (ARPA) grant funds to

make improvements to their wastewater and drinking water systems.

Wastewater improvements funded by ARPA will include replacement and upgrades septic system

components in the existing on-site sewage disposal systems and construction of new individual teach

fields. Grant funds may be used to fund final design and engineering, preparation of bid documents,

public bidding, construction and engineering oversight of the construction contract for the project.

Subsurface system project work funded by this grant will be in accordance with and to be approved

under the provisions of New Hampshire Code of Administrative Rules Env-WQ 1000.

Drinking Water improvements funded by ARPA will include replacement and upgrades to the existing

aging water distribution system components, construction of a new well house, and addressing source

capacity improvements. Drinking water project work funded by this grant will be in accordance with

applicable New Hampshire Code of Administrative Rules Env-Dw 400.

Prior to completion of the project, the COOP shall provide the required documents to demonstrate the

technical, managerial and financial capacity to ensure the long-term operation and maintenance of the

funded improvements. This includes the following:

• Development, submittal, and adhere to a Fiscal Sustainability Plan and Small Water System

Business Plan.

• Submittal of certification of completion of an applicable training program by the board member

authorized by the COOP.

• An updated rate analysis which Is incorporated into the Fiscal Sustainability Plan and Small

Water System Business Plan.

• A water conservation plan.

• Record drawings.

• Documentation demonstrating that the COOP has segregated general COOP fees and utility

fees to develop a reserve for future drinking water and wastewater capital improvements.

Grantee Initials UC

Date

Spruce Valley Cooperative, Inc.

CW-334426-01

EXHIBIT C

METHOD OF PAYMENT

The NHDES shall pay to the Grantee the total reimbursable program costs up to $810,000 for eligible

drinking water improvements costs and up to $209,000 for eligible wastewater Improvement costs not

to exceed the Grant Limitation of $1,019,000 in accordance with the following requirements:

Disbursement requests for program costs shall be made no more than once per calendar month by the

Grantee using the American Rescue Plan Act (ARPA) Disbursement form as supplied by the NHDES,

which shall be completed and signed by the Grantee. The disbursement form shall be accompanied by

proper supporting documentation based upon direct costs. The Grantee will maintain adequate

documentation to substantiate all Program related costs. All work shall be performed to the

satisfaction of the NHDES before payment Is made.

Changes to the Scope of Services require NHDES approval in advance. All work must be completed

prior to the completion date (section 1.7) in this Grant Agreement to be eligible for reimbursement.

Grantee Initials

NHDES-C-10-003

CERTIFICATE OF VOTE OF

AUTHORIZATION

nvironmenlal INFRASTRUCTURE PROJECTS

GRANTS ONLY

American Rescue Plan

Act (ARPA)

MV%

♦ Hr sK VM M t

- Services

5

(jl06Ctfdx(X.(JD&iq^£~~A Certificate of Vote of Authorization is a certificate that states that a grant applicant is willing to enter into a grant

agreement with the State of NH Departmentof Environmental Services and that whoever signs the Grant Agreement

(provided under separate cover) has the authority to do so. The Certificate must be signed and notarized on the same date

as, or within 30 days of, the Grant Agreement signature. This is a three-person form: Person Completing this Form,

Authorized Representative, and a Public Notary.

Completed and signed by someone other than the person being given authority.

Must be notarized.

Original is required for submittal.

Certificate of Vote of Authorization

SPRUCE VALLEY COOPERATIVE

5 Hemlock Drive, Danville, NH 03819

I, Christine Owen of the Spruce Valley Cooperative do hereby certify that at a meeting held on 1/5/2023 the

Members voted to enter Into a American Rescue Plan Act Fund (ARPA) grant agreement with the New

Hampshire Department Environmental Services to fund a drinking water/wastewater improvement project.

The Spruce Valley Cooperative further authorized Michele Clark, Operations Manager to execute any documents

which may be necessary to effectuate this grant agreement.

IN WITNESS WHEREOF, I have hereunto set my hand as Christine Owen of Spruce Valley Cooperative, the

day of 2023.

Christine Owen Signature:

STATE OF NEW HAMPSHIRE, County of Rockingham,1 ^ OMs-hnL SwtnOn this day of 2023, H ■10.11)7zD, before me (Notary Public) the undersigned Officer, personally

appeared. Christine Owen, who acknowledged herself to be the Secretary of Spruce Valley Cooperative, being

authorized so to do, execute the foregoing Instrument for the purpose therein contained.

In witness thereof,/have set my hand and official seal.

Notary Public

MICHELLE HEAL

My commission expires:.

www.des.nh.gov

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

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

State of New Hampshire

Department of State

CERTIFICATE

], David M. Scanlan, Secretary of State of the Slate of New Hampshire, do hereby certify that SPRUCE VALLEY

COOPERATIVE, INC. is a New Hampshire Consumer Cooperative registered to transact business in New Hampshire on August

13, 2021.1 further certify that all fees and documents required by the Secretarj' of State's office have been received and is in good

standing as far as this office is concerned.

Business ID: 878503

Certificate Number: 0006221507

u.

A

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 3rd day of May A.D. 2023.

David M. Scanlan

Secretary of State

/XCORD

SPRUCSO

CERTIFICATE OF LIABILITY INSURANCE

OP ID- BJ

DATE (MM/DD/YYYY)

03/06/2023

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 pQllcy(les) 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 603-335-4300

IMMANUEL Insurance Agy- SAN

PO Box 300 3 Brittany Lane

Barrington, NH 03825-0300

IMMANUEL Ins Agy Inc &

c^Q^act IMMANUEL Ins Agy Inc &

r». Ex.|: 603-335-4300,^,603.822-7101aavld@lmmanuellns.com

INSURERfS) AFFORDING COVERAGE NAICII

INSURER A Preferred Mutual 15024

INSURED., „

Spruce Valley Coop

Pam LaPrell

5 Hemlock Dr

Danville, NH 03819

INSURER B

INSURER C

INSURER D

INSURER E

INSURER F

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 CUIMS.

INSR

LTR TYPE OF INSURANCE LOOL

INSD

5UBR

YYYD POLICY NUMBER POLICY EFF

fMM/nn/YYYYl

POLICY EXP

(MM/DO/YYYYI LIMITS

A X COMMERCMLGE NERAL UABtUTY)E 1 X 1 OCCUR CPP 0110614256 03/01/2023 03/01/2024

EACH OCCURRENCE J 1,000,000

CLAIMS-MAC DAMAGE TO RENTED J 50,000

MED EXP (Anv one oaraoni J 5,000

PERSONAL S ADV INJURY J 1,000,000

GENT AGGREGATE UMIT APPLIES PER: GENERAL AGGREGATE J 2,000,000

policy 1 1 |lqc

OTHER-

PRODUCTS • COMP/OP AGG J 2,000,000

s

AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT

s

ANY AUTO

HEOULEO

rros

?fom?

BODILY INJURY (Per oersoni s

OWNED

AUTOS ONLY

aIj^s only

St

AL BODILY INJURY (Per acddentt s

Sff lyOPERTY DAMAGE(Par acddentt s

s

UMBRELLA LIAB

EXCESS UAB

OCCUR

CLAIMS-MADE

EACH OCCURRENCE %

AGGREGATE s

OED j RETENTIONS s

WORKERS COMPENSATION

AND EMPLOYERS' LUkBILITY ^ ^,

ANY PROPRIETOR/PARTNER/exECimvE j 1

L-JIf yss. daicdtw undar

DESCRIPTION OF OPERATIONS below

N/A

1 PER OTH-

1 RTATIITF FR

E.L EACH AIXIDENT s

E.L DISEASE • EA EMPLOYEE s

E.L DISEASE - POLICY LIMIT s

DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (ACORD 101, Additional Ramarka Schadula, may ba attachad K mora apaca la raqulrad)

State of New Hampshire

Department of Environmental

Services

29 Hazen Drive

Concord, NH 03302

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

ACORD 25 (2016/03) (S) 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

SPRUCE VALLEY COOPERATIVE, INC.

May 4, 2023

To Whom it May Concern:

Please be advised that the Spruce Valley Cooperative, Inc. does not currently have any

employees. Our Cooperative is governed by a volunteer Board of Directors. All water and

wastewater system operations are currently contracted. For these reasons, we do not carry a

Workman's Compensation policy.

Please feel free to reach out with any additional questions or concerns.

Sincerely,

Michele Clark, Operations Manager

Environoicntal. ServlcM

Attachment A

2022 ARPA Disadvantaged Communities Grant Assistance for Drinking Water (OW)

and Wastewater (WW) System Improvements Program

Applications and Rankings

PROJECTS SELECTED FOR FUNDING

'Grov box - did not aooiv for fundina

APPLICANT TOWN

DW GRANT

AMOUNT

DW

RANKING

(MAX

POINTS 287)

WW

GRANT

AMOUNT

WW

RANKING

(MAX

POINTS

65)

TOTAL

GRANT

AMOUNT

Sugar River

Cooperative Claremont n/a $750,095 40 $750,095

Edgewood Park

Cooperative Newport Not an eligible

DW entity n/a $285,000 40 $285,000

Barrington

Oaks

Cooperative

Barrington n/a $845,000 35 $845,000

Brookview

MHP

Cooperative

Groveton n/a $267,050 30 $267,050

North Country

Village

Cooperative

Tuftonboro $500,000 81 $1,000,000 30 $1,500,000

Fox Hill

Cooperative Franconia

Not an eligible

DW entity n/a $100,000 30 $100,000

Tanglewood

Cooperative Keene n/a $447,500 30 $447,500

Brookside

Cooperative Hill n/a $462,684 30 $462,684

Well Hill

Cooperative Alstead $40,000 50 $910,000 30 $950,000

Bear View

Cooperative Allenstown n/a $117,500 30 $117,500

Bunker Lane

Homeowner

Association

Madbury n/a $185,000 25 $185,000

Attachment A

2022 ARPA Disadvantaged Communities Grant Program

APPLICANT TOWN

DW GRANT

AMOUNT

DW

RANKING

(MAX

POINTS 287)

WW

GRANT

AMOUNT

WW

RANKING

(MAX

POINTS

65)

TOTAL

GRANT

AMOUNT

Colebrook

Homeowners

Cooperative

Colebrook n/a $750,000 20 $750,000

Monadnock

Tenants

Cooperative

Rindge $1,000,000 78 $607,500 20 $1,607,500

Tamworth

Pines

Cooperative

Tamworth $951,350 96 $921,000 20 $1,872,350

South Weare

Cooperative Weare $147,000 46 $212,500 20 $359,500

Spruce Valley

Cooperative Danville $810,000 86 $209,000 20 $1,019,000

Sleepy Hollow

Cooperative Newmarket

Not an eligible

DW entity n/a $1,000,000 20 $1,000,000

Lee Oak

Cooperative Barrington $430,000 207 n/a $430,000

Evans Trailer

Park

Epping $750,000 101 n/a $750,000

Hollis Pines

Cooperative Hollis $1,000,000 192 n/a $1,000,000

Soda Brook

Cooperative Northfield $100,000 56 n/a $100,000

Tranquility

Estates

Cooperative

Raymond $1,000,000 114 n/a $1,000,000

Stony Brook

Cooperative Rochester $1,000,000 118 n/a $1,000,000

Total $31,344,476

Attachment A

2022 ARPA Disadvantaged Communities Grant Program

PROJECTS NOT SELECTED FOR FUNDING ■

APPLICANT TOWN

DW GRANT

AMOUNT

DW

RANKING

(MAX

POINTS 287)

V

WW

GRANT

AMOUNT

WW

RANKING

(MAX

POINTS

65)

APPLIED

TOTAL

GRANT

AMOUNT

Icey Mill

Cooperative Exeter

Not an eligible

DW entity n/a 10

r

$50,000

East Milford

Cooperative Milford

Not an eligible

DW entity n/a 10 $100,000

Seacrest

Cooperative Seabrook

Not an eligible

DW entity n/a 10 $572,495

Grant Reviewer List

Name Department Bureau. Title, Years Experience

Sarah Ridyard,

P.E.

NHDES Wastewater

Engineer

Bureau

Environmental

Program Manager

Over a year witl;i NHDES

managing ARPA funds

Johnna

McKenna

NHDES Drinking Water

& Groundwater

Bureau

Administrator III Over twenty-five years with

NHDES managing

grant/loan programs

Jen Mates, P.E. NHDES Drinking Water

& Groundwater

Bureau

Sanitary Engineer III Over three years with

NHDES

Cynthia

Klevens, P.E.

NHDES Drinking Water

& Groundwater

Bureau

Civil Engineer VI Over seventeen years with

NHDES managing the

engineering section