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4.12.1 CDFA does not require worksite signage be erected for
construction/renovation projects; however, if a sign is erected the CDFA logo must be
included. CDFA logo may not be any smaller than 50% of the size of the largest logo
displayed.

4.12.2 Organizations using websites to solicit tax credit purchases must include
the CDFA logo and a link to the CDFA website.

4.12.3 If none of these are applicable or feasible, an alternative display of the
CDFA logo or public recognition agreeable to CDFA.

4.13 Grantee Certification: All agreements between CDFA and Grantee shall be executed
by a person duly authorized by the Board of Directors of the Grantee, evidenced by a
certificate (the “Certificate”) and returned upon execution of the Contract.

4.14 RSA 162-L Restrictions: CDFA is providing the tax credit funding in accordance with
RSA 162-L, as amended from time to time. Any future amendments to RSA 162-L may alter
CDFA’s ability to provide the funding covered by the Contract. In the event CDFA ceases to
exist as an agency of the State of New Hampshire, to the extent permitted by applicable law,
the rights and obligations hereunder shall be transferred to another agency of the State of
New Hampshire to continue to administer the terms hereof.

4.15 Default: A failure on the part of the Grantee to successfully complete the terms of
this Contract shall be considered a default, which may result in a loss or reallocation of tax
credit funding and may impact Grantee’s ability to qualify for future grant rounds. Should
the agreement be terminated due to a default based upon the inability of the Grantee to
perform or complete the Project, it is within the authority of the CDFA to request the return
of grant funds, and the disposition of the returned Grant funds shall be determined solely by
CDFA.

4.16 Conflict of Interest: Conflicts of interest or the appearance of such shall be avoided
in order to ensure public confidence in the expenditure of state funds. No officer, member or
employee of the Grantee or Subrecipient shall participate in any decision relating to this
Agreement, which reflects his or her personal interest or the interests of any corporation,
partnership or association in which he or she is directly or indirectly interested, nor shall such
person have any personal or pecuniary interest, direct or indirect, in this Agreement or
proceeds thereof.

5. Special Conditions

Grantee shall provide CDFA with a final project design and project sources-and-
uses budget by April 1, 2020.

6. Reporting Requirements

6.1 Tax Credit Annual Status Report: For each year this Contract is active, the Grantee is
required to report on the Project’s progress as well as information that addresses the
Project’s goals and outcomes, financial data, and any special conditions as proposed in the
application, and as identified below. The report shall also include a narrative on the

Project’s progress including the items proposed in the Outcome Measures narrative section of
the application. This report is to be submitted to CDFA on an annual basis, no later than July
31 of each year. CDFA may not disburse tax credit funds being held for the Project until this
report is received. The report shall be submitted through the Status Reports component on
CDFA’s Grant Management System.

Performance Outcomes:
Grantee shall provide the following as they pertain to this Project:

6.1.1 Total number of unduplicated persons served.

6.1.2 Total number of low income person served.

6.1.3 Total number of new jobs created.

6.1.4 Total number of square feet of commercial, community facility or

recreational space developed or improved.
Financial Data:

5 The Grantee shall submit its organization’s most recent Annual Report.

6 The Grantee shall submit is most recent organization’s Audited Financial
Statements prepared in accordance with Generally Accepted Accounting
Principles (GAAP).

6.1
6.1

6.2 Final Report and Closeout: Within thirty days of Project completion, the Grantee
shall submit a Final Report in the same format as the Tax Credit Annual Status Report. This
report will include cumulative outcomes and shall be submitted through CDFA’s Grant
Management System. Grantee and CDFA shall enter into and execute a Closeout Agreement
once the project is complete and the final report has been submitted and approved.

7. Disbursement of Grant Funds

7.1 Disbursement Conditions: The Grant shall be disbursed to the Project, for the sole
purpose of providing funds to the Project. CDFA reserves the right to amend, revoke, or
reallocate its tax credit commitment to the Project if any of the conditions indicated in this
Contract are not met. All disbursement requests shall be uploaded through CDFA’s Grant
Management System, and shall include any supporting documentation with each request,
satisfactory to CDFA.

Ail tax credits must be secured by the Grantee prior to release of any funds, unless an
exception is approved by CDFA. For programs funded over two state fiscal years, first-year
proceeds may be considered for release once all Tax Credit pledges have been received by
CDFA for that year. For programs funded in only one state fiscal year and the second year of
two-year grants, CDFA will consider requests for early disbursement only when 50% of the Tax
Credits for that grant year have been received. Any Grant funds that were received by
Grantee and not spent on approved Grant activities shall be returned to CDFA.

7.2 Disbursement Restrictions: No disbursement from CDFA will be made to the Grantee
greater than the amount of funding held on behalf of the Project in cash contributions,
fulfilled pledges, or established values, net the standard 20% CDFA fee. Furthermore, no
disbursement shall be made unless the Grantee is in compliance with Paragraphs 3, 4 and 5.

7.3. Compliance Requirement: Notwithstanding the conditions set forth in previous
sections, CDFA shall not make any disbursement of grant funds unless, at the time of such
disbursement, Grantee is in full compliance with all terms and conditions of this agreement,
and the making of such disbursement of Grant funds {i} will not violate any provision of law,
regulation, or administrative ruling to which CDFA is subject; (ii) will not subject CDFA to any
tax, penalty, or fine; and (iii) will further the purposes of CDFA. Failure to meet the terms of
this Contract may result in suspension and/or reallocation of tax credits for the Project.

If you agree to the terms of this Contract, please indicate by signing below.
Agreed,

By: City of Nashua

Date

James W. Donchess, Mayor

By: Community Development Finance Authority

Date

Katherine Easterly Martey, Executive Director

CERTIFICATE OF THE CLERK OF CITY OF NASHUA
, 2020
The undersigned, Sue Lovering, hereby certifies as follows:

1. The undersigned is the duly appointed City Clerk of City of Nashua, New Hampshire., a
municipal corporation (the “City”).

2. The undersigned hereby certifies that Jim Donchess, Mayor of the City, is authorized to execute
binding agreements on the City’s behalf upon Approval of the Board of Aldermen, including
without limitation the Community Development Finance Authority Investment Tax Credit
Program Contract.

The undersigned has executed this certificate as Clerk of the City as of the date
first written above.

Sue Lovering
City Clerk

Affix City Seal

LEGISLATIVE YEAR 2020
RESOLUTION: R-20-002

PURPOSE: Relative to the acceptance and appropriation of $294,000 from
the Community Development Finance Authority into Capital
Project Grant Activity “Investment Tax Credit Program for
the Performing Arts Center”

SPONSOR(S): Mayor Jim Donchess
COMMITTEE
ASSIGNMENT:
FISCAL NOTE: Fiscal impact is a $294,000 grant to be used for a specific
purpose.
ANALYSIS

This resolution authorizes the city to accept and appropriate $294,000 from the Community
Development Finance Authority into Capital Project Grant Activity “Investment Tax Credit
Program for the Performing Arts Center” for the purpose of supporting development of the
Performing Arts Center in Nashua.

Approved as to account Financial ee ae
structure, numbers and

i 7 a
amount: By: Af a RAZ,
[, j rs A

Approved as to form: Office of as Counsel
iy: beh ba

Date: —— we Yo2aO

R-20-003

RESOLUTION

AUTHORIZING THE FILING OF APPLICATIONS AND EXECUTION OF GRANT
AGREEMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FOR
GRANTS UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS
AMENDED, FOR FISCAL YEARS 2021 AND 2022

CITY OF NASHUA
In the Year Two Thousand and Twenty

WHEREAS, the U.S. Secretary of Transportation is authorized to make grants under the
Urban Mass Transportation Program of Projects and Budget;

WHEREAS, the contracts for financial assistance will impose certain obligations upon
the applicant, including the provision of a local share of project costs in the program;

WHEREAS, it is required by the U.S. Department of Transportation in accord with the
provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant provide
assurances that it will comply with Title VI of the Civil Rights Act of 1964 and U.S. Department
of Transportation requirements thereunder; and

WHEREAS, it is the goal of the applicant that minority business enterprises be utilized
to the fullest extent possible in connection with these projects, and that definitive procedures
shall be established and administered to ensure that minority businesses shall have the maximum
feasible opportunity to compete for contracts when procuring construction contracts, supplies,
equipment contracts, or consultant and other services.

NOW THEREFORE, be it resolved by the Board of Aldermen of the City of Nashua:

1. That the Mayor is authorized to execute and file an application on behalf of the
City of Nashua with the U.S. Department of Transportation, to aid in the financing
operating, planning and capital of projects pursuant to Section 9 of the Urban
Mass Transportation Act of 1964, as amended, for fiscal years 2021 and 2022.

2. That the Mayor is authorized to execute and file with such applications assurances
or any other documents required by the U.S. Department of Transportation
effectuating the purposes of Title VI of the Civil Rights Act of 1964.

3. That the Mayor is authorized to furnish such additional information as the U.S.
Department of Transportation may require in connection with the applications.

RESOLUTION R-20-003

4. That the Mayor is authorized to set forth and execute affirmative minority
business policies in connection with the Program of Projects and Budget’s
procurement needs.

5. That the Mayor is authorized to execute grant agreements on behalf of the City of

Nashua with the U.S. Department of Transportation for aid in the financing of the
capital, planning and operating element of the Program of Projects and Budget.

LEGISLATIVE YEAR 2020

RESOLUTION: R-20-003

PURPOSE: Authorizing the filing of applications and execution of grant
agreements with the U.S. Department of Transportation for
grants under the Urban Mass Transportation Act of 1964, as
amended, for fiscal years 2021 and 2022

ENDORSERS: Mayor Jim Donchess
Alderman-at-Large Lori Wilshire

COMMITTEE
ASSIGNMENT:

FISCAL NOTE: Fiscal impact is grant monies to the city to be used for a specific
purpose.

ANALYSIS

This resolution authorizes the filing of applications and execution of agreements by the Mayor
with the U.S. Department of Transportation for grants under the Urban Mass Transportation Act
of 1964, as amended, for fiscal years 2021 and 2022.

Approved as to account Financial Services Division
number and/or structure, and U2 Re
amount: By: ) f a \o~

4

Approved as to form: Office of Corporation Counsel

By: \ rat lee, (Ons ke

Date: ‘| sstaugy 2070

R-20-004

RESOLUTION

RELATIVE TO THE SUPPLEMENTAL APPROPRIATION OF $350,000 OF FY2020
UNANTICIPATED REVENUE FROM DEPARTMENT #1532 “FIRE”, ACCOUNTING
CLASSIFICATION #44 “CHARGES FOR SERVICES” INTO DEPARTMENT #152
“FIRE”, ACCOUNTING CLASSIFICATION #51 “SALARIES & WAGES”

In the Year Two Thousand and Twenty

RESOLVED by the Board of Aldermen of the City of Nashua to appropriate $350,000 of
FY2020 unanticipated revenue from Department #152 “Fire”, Accounting Classification #44
“Charges for Services” into Department #152 “Fire”, Accounting Classification #51 “Salaries &
Wages” for the purpose of funding a portion of fire dispatcher salaries.

RESOLUTION:

PURPOSE:

SPONSOR(S):

COMMITTEE
ASSIGNMENT:

FISCAL NOTE:

LEGISLATIVE YEAR 2020
R-20-004

Relative to the supplemental appropriation of $350,000 of
FY2020 unanticipated revenue from Department #152 “Fire’’,
Accounting Classification #44 “Charges for Services” into
Department #152 “Fire”, Accounting Classification
#51”Salaries & Wages”

Mayor Jim Donchess

This resolution will negate the need to establish a revolving
fund and place the salaries of the full time dispatchers in the
Fire Department operating budget.

ANALYSIS

This legislation appropriates $350,000 of FY2020 unanticipated revenue from the Fire
Department. This revenue is related to the AMR emergency ambulance services agreement
under which AMR is contributing $350,000 to pay for a portion of the fire dispatcher salaries.

Charter Sec. 53 permits specific non-budget, supplementary appropriations. There should be
notice and a public hearing. A two-thirds vote is required under Charter Sec. 56-b for an item or
amount not in the mayor’s budget. A roll call is required under Charter Sec. 49.

Approved as to account
structure, numbers,
and amount:

Approved as to form:

Financial Services Division

(| J s Dos Li ,

By: MA KAZ
/
/

Office of Corporation Counsel

By: Dew Clan See
Date: i Anaad OID