Search

subcontractors will be paid and supervised directly by the Contractor. Any subcontractor used is the
agent of the Contractor and not the City of Nashua. Subcontractors are subject to the same insurance
requirements as the Contractor.

INSURANCE:
Contractor shall carry and maintain in effect during the performance of services under this contract:
General Liability insurance in the amount of $1,000,000 per occurrence; $2,000,000 aggregate;

and Workers’ Compensation Coverage in compliance with the State of New Hampshire statutes,
$100,000/$500,000/$100,000.

Contractor shall maintain in effect at all times during the performance under this contract all specified
insurance coverage with insurers, None of the requirements as to types and limits to be maintained by
Contractor are intended to and shail not in any manner limit or qualify the liabilities and obligations
assumed by Contractor under this contract. The City of Nashua shall not-maintain any insurance on
behalf.of Contractor. Subcontractors are subject to the same insurance requirements as Contractor and it
shall be the Contractor’s responsibility to ensure compliance of this requirement.

Contractor will provide the City of Nashua with certificates of insurance for coverage as listed below and
endorsements affecting coverage. required by the contract within ten calendar days after the City issues
the notice of award. The City of Nashua requires thirty days written notice of cancellation or material
change in coverage. The certificates and endorsements for each insurarice policy must be signed by a
person authorized by the insurer and who is licensed by the State of New Hampshire. General Liability
and Employers’ Liability polices must name the City of Nashua as an additional insured and reflect on the
certificate of insurance. Contractor is responsible for filing updated certificates of insurance with the City
of Nashua’s Risk Management Department.during the life of the contract.

All deductibles and self-insured retentions shall be fully disclosed in the certificate(s) of insurance.

If aggregate limits of less than $2,000,000 are imposed on bodily injury and property damage, Contractor
must maintain umbrella liability insurance of at least $1,000,000. All aggregates must be fully disclosed
on the required certificate of insurance.

The specified insurance requirements do not relieve Contractor of its responsibilities or limit the amount of
its liability to the City or other persons, and Contractor is encouraged to purchase such additional
insurance, as it deems necessary.

The insurance provided herein is primary, and no insurance held or owned by the City of Nashua shall be
called upon to contribute to a loss.

INDEMNIFICATION:

The Contractor agrees to indemnify, defend and hold harmless the City (the “Indemnified Party”) from

and against any and all liabilities, damages, losses, claims, causes of action, costs and expenses, of any
ooo eae
City of Nashua HOPWA contract Page 3

kind or nature (including but not limited to reasonable attorneys’ fees), incurred or sustained by or
asserted against the Indemnified Party in any manner directly or indirectly arising out of Contractor’s
work performed under this Agreement. However, the Contractor's indemnification obligation shall not
apply to liability arising from the negligence or misconduct of the Indemnified Party

CONTRACTOR:

The Contractor agrees that it is completely independent from the City and is not an employee of the
City. The Contractor warrants that it may work for other individuals and/or entities.

CHOICE OF LAW AND VENUE:

The laws of the State of New Hampshire shall govern this AGREEMENT exclusively and any litigation
related to this AGREEMENT shail be brought to a court located in the State of New Hampshire.

CONFIDENTIALITY:

The Contractor acknowledges that, while performing service under this Agreement, the Contractor will
have access to information that is confidential. The Contractor will keep this information confidential
and will not disclose it to any other person. This obligation of confidentiality is continuous in nature and

does not expire.

Honorable James Donchess, Mayor Date
City of Nashua
Peter Kelleher, President Date

Harbor Homes, Inc.

eae ee eeooewuwxx _—_ —_ Or
City of Nashua HOPWA contract Page 4

1. DATE ISSUED MM/DD/YYYY |2. CFDA NO. |3. ASSISTANCE TYPE
04/25/2018 a ae Project Grant

1a. SUPERSEDES AWARD NOTICE dated
except that any additions or restrictions previously imposed remain
in effect unless specifically rescinded

THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

451 7th Street S.W
Washington, DC 20410

4. GRANT NO. 5. ACTION TYPE
NH-H17-0012-U00 New
Formerly NH-H140026
6. PROJECT PERIOD MMADDAYYY MM/DDAYYYY
From 95/01/2018 Through = 04/30/2021 NOTICE OF AWARD
7. BUDGET PERIOD MMIDD/SYYYY MM/DD/AYYYY
From 05/01/2018 Through §=04/30/2021

8. TITLE OF PROJECT (OR PROGRAM)

Housing Opportunities for Persons With AIDS (HOPWA)

9a. GRANTEE NAME AND ADDRESS
City of Nashua, NH
229 Main St
Nashua, NH 03060-2938

9b. GRANTEE PROJECT DIRECTOR
Mr. Bobbie Bagley
229 Main Street
Community Development Division
Nashua, NH 03060-2938
Phone: 1111111111

10a. GRANTEE AUTHORIZING OFFICIAL
Mr. Robert Mack
229 Main Street
Community Development Division
Nashua, NH 03060-2938
Phone: 111-111-1111

10b. FEDERAL PROJECT OFFICER
Ms. Lisa Steinhauer
451 7th Street S.W.,
Washington, DC 20410
Phone: 215-861-7651

ALL AMOUNTS ARE SHOWN IN USD

11. AWARD COMPUTATION FOR GRANT
a. Amount of HUD Financial Assistance
b, Less Unobligated Balance From Prior Budget Periads

1,430,000.00
0.00

c. Less Cumulative Prior Award(s) This Budget Period 0.00

44, THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY,
HUD ON THE ABOVE TITLED PROJECT AND IS SUBIECT TO THE TERMS AND CONDITIONS
INCORPORATED EITHER DIRECTLY OR BY REFERENCE IN THE FOLLOWING:

a The grunt program legislation cited in remarks of ailachment below.

b. The grant program reguiations cited m remarks or attachment bel

d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION 1,430,000.00

low.
a This award notice including terms and condifions, if any, noted below under REMARKS,
In the event there are confiicting or otherwise inconsistent poficies applicable to the grant, the above order of precedence

12. Total Federal Funds Awarded to Date for Project Period| 1,430,000.00

shall prevail. Acceptance of this award by the granlee acknowledges acceptance of these terms and candilions,

13, RECOMMENDED FUTURE SUPPORT
(Subject to the availability of funds and satisfactory progress of the project):

YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
ano d. 5
b. 3 & 6
4 fig
REMARKS = (Other Terms and Conditions Attached - px]ves Ec No)

Terms and Conditions of this award are contained in the attached Housing Opportunities for Persons
With AIDS (HOPWA) Terms and Conditions for Fiscal Year 2017 Renewal Grant Agreement. This Notice
of Award and the Terms and Conditions constitute the entire Agreement between HUD and the Grantee

for this award.

GRANTS MANAGEMENT OFFICER: Ms.. Flegel-GMO, Rita

15.0BJCLASS 410001 16a. VENDORCODE 026000581 16b. EIN 026000581 47.DUNS 066758343 18.CONG. DIST. 02
FY-ACCOUNT NO. DOCUMENT NO. ADMINISTRATIVE CODE AMT ACTION FIN ASST APPROPRIATION
19. AIOPWA 0308 17/19)». NHH1700120 Cc. HOPWA d. $1,430,000.00 |e.
20. a. b. c. id.
21, a. b. c. d.

AWARD ATTACHMENTS

City of Nashua, NH NH-H17-001 2-00

1. Terms and Conditions - Nashua
2. Final approved budget - Nashua

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) CFDA # 14.241
TERMS AND CONDITIONS FOR FISCAL YEAR 2017 RENEWAL GRANT
AGREEMENT

Grantee Name (“Grantee”): City of Nashua
Unique Entity Identifier (DUNS Number): 066758343

The Notice of Award for Fiscal Year 2017 HOPWA renewal grant that indicates the Grantee in
Box 9a and these Terms and Conditions, including any documents incorporated by reference into
these Terms and Conditions, shall constitute the entire agreement (the “Agreement”) between the
U.S. Department of Housing and Urban Development (“HUD”) and the Grantee. The
Agreement is pursuant to the AIDS Housing Opportunity Act (the “Act”), codified at 42 U.S.C.
§§ 12901-12912, and regulations for the Housing Opportunities for Persons With AIDS
(“HOPWA”) program at 24 CFR part 574 (the “Regulations”). In reliance upon and in
consideration of the mutual representations and obligations hereunder, HUD and the Grantee
agree as follows:

ARTICLE J. Grant Amount

Subject to these Terms and Conditions, HUD agrees to provide a HOPWA grant (“Grant”) to the
Grantee in the amount listed on Box 12 of the Notice of Award (“Grant Funds’) to carry out the
project described in the Renewal Application and in the approved Form HUD-40110-B Renewal
Budget attached.

ARTICLE IL. Incorporation of Renewal Application

The Renewal Application uploaded in GMM, including certifications, assurances, and information
and documentation required to meet renewal grant award conditions, is incorporated herein as part
of the Agreement. In the event of conflict between a provision of the Renewal Application and any
provision of this Agreement, the latter shall control.

ARTICLE III. Eligible Use of Grant Funds

The Grantee shall only use Grant Funds to carry out eligible activities as set forth in the AIDS
Housing Opportunity Act, Pub. L. 101-625, Title VII, Subtitle D, as amended, codified at 42
U.S.C. §§ 12901-12912, (the “Act”) and regulations for the HOPWA program at 24 CFR part
574, as of the date of the renewal notice publication, February 16, 2017 (the “Regulations”) and
as provided in the Grantee’s approved Renewal Application uploaded in GMM, as may be
amended in accordance with Article VIII of these Terms and Conditions of the Agreement.

ARTICLE IV. Compliance with Program Requirements

A. The Grantee shall comply with all applicable program requirements. Such program
requirements include the Act, Regulations, Notice CPD-17-02 (“Procedural Guidance for
Fiscal Year 2017 HOPWA Permanent Supportive Housing Renewal Grant Applications”’),
other program directives, HUD Handbooks and Notices, and any other applicable Federal
requirements,

B. Other applicable Federal requirements with which the Grantee must comply include, but
are not limited to:

1.

2 CFR part 200 (“Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards”);

Section 3 of the Housing and Urban Development Act of 1968 and 24 CFR part
135 (“Economic Opportunities for Low- and Very Low-Income Persons”);

31 U.S.C. 1352 and 24 CFR part 87 (“New Restrictions on Lobbying”);

Requirements established by the Office of Management and Budget (OMB)
concerning the Unique Entity Identifier and the System for Award Management
(SAM) database, including Appendix A to 2 CFR part 25; and

Federal Funding Accountability and Transparency Act of 2006 (Transparency Act),
Pub. L. 109-282, as amended, and Appendix A to 2 CFR part 170 (“Reporting
Subaward and Executive Compensation Information”).

C. The Grantee shall comply with requirements of sections V.C. of the Fiscal Year 2017
General Section, including the Drug-Free Workplace requirements in Section V.C.11.

ARTICLE V. Subawards

The Grantee shall comply with 2 CFR 200.331, when making a subaward, which includes an
award of Grant Funds to an eligible nonprofit organization or housing agency of a State or unit
of general local government (“Project Sponsor”). The Grantee shall provide a Project Sponsor
with information in writing on all requirements to which the Project Sponsor is subject so that
the subaward is used in accordance with the Act, Regulations, other program requirements, and
these Terms and Conditions of the Agreement. The Grantee must ensure that its Project
Sponsor(s) agree in writing to comply with the Act, Regulations, other program requirements,
and these Terms and Conditions of the Agreement in carrying out activities under the Grant.

ARTICLE VI. Financial Management

A. Grantee shall draw down Grant Funds not less than quarterly. The Grantee shall make
timely payments to each Project Sponsor upon request, provided the requesting Project

Sponsor is in compliance with program requirements.

B. The Grantee shall comply with HUD instructions regarding use of and reporting in the
Integrated Disbursement and Information System (IDIS) or its successor.

C. A request by the Grantee to draw down Grant Funds under the IDIS system or any other
payment system constitutes a representation by the Grantee that it and all participating
parties are in compliance with these Terms and Conditions of the Agreement.

ARTICLE VII. Allowability of Pre-award Costs

A. Pre-award costs may not be incurred except in accordance with 2 CFR 200.458, including
the requirement that the Grantee obtain HUD’s written approval.

ARTICLE VIII. Amendments

A. Amendments to the Agreement, including amendments to the Renewal Application, may
only be made in accordance with 2 CFR part 200, 24 CFR part 574, and Notice CPD-17-02
(‘Procedural Guidance for Fiscal Year 2017 HOPWA Permanent Supportive Housing
Renewal Grant Applications”).

B. Except for amendments for which Grantee is not required to obtain prior HUD approval, the
Grantee shall submit a written request through GMM for HUD approval. The effective date
of any amendment to this Agreement that requires HUD approval shall be the date of
execution in GMM.

C. Changes to the Grantee’s Form HUD-40110-B Renewal Budget must be made in
accordance with 2 CFR 200.308.

ARTICLE IX. Performance

Grantee shall:

A. Carry out, and ensure that any Project Sponsors carry out, eligible activities under the
Grant and use Grant Funds as described in the Renewal Application, in accordance with
the Act, Regulations, other program requirements, and these Terms and Conditions of the

Agreement;

B. Use at least 51 percent of the Grant Funds awarded under the Agreement to undertake
eligible program activities that provide permanent supportive housing to HOPWA
eligible persons for the planned annual outputs;

C. Comply with and meet the performance measure benchmark outputs and

substance abuse treatment and counseling. Admission may be denied, or eviction
initiated, for persons engaging in illegal drug activities, where such activities threaten the
health, safety, or right to peaceful enjoyment of the premises by other residents. Grantees
must establish procedures for project ineligibility and evictions;

L. Obtain a certificate of completion of the HOPWA Oversight Training Curriculum by at least
one of its employees within twelve months of the execution of the Agreement. The online
training can be accessed at: https://www.hudexchange. info/trainings/hopwa-oversight-

training/;

M. Obtain a certificate of completion of the CPD Financial Management 201 Training
Curriculum by at least one of its employees within twelve months of the execution of the
Agreement. The online training can be accessed at:
https://www.hudexchange.info/news/welcome-to-financial-management-201/;

N. If Grantee is providing direct services, obtain a certificate of completion of the Getting to
Work Training Curriculum by at least one of its employees within twelve months of the
execution of this Agreement. If the grantee does not provide services directly, then the
Grantee must ensure that its Project Sponsor(s) must, within twelve months of the
execution of the sub-award agreement, obtain a certificate of completion of the Getting to
Work Training Curriculum by at least one of the Project Sponsor’s employees. The
online training can be accessed at: https://www.hudexchange. info/training-events/dol-
hud-getting-to-work-curriculum-for-hiv-aids-providers;

O. Comply with 2 CFR 200.311 and any disposition instructions that HUD may provide to
the Grantee; and

P. Comply with such other terms and conditions, including recordkeeping and reports
(which must include racial and ethnic data on participants) for program monitoring and
evaluation purposes, as HUD may establish for purposes of carrying out the program in
an effective and efficient manner.

ARTICLE X. Indirect Cost Rate

If Grant Funds will be used to pay indirect costs pursuant to 2 CFR part 200, Subpart E, Grantee
shall attach a schedule in the format set forth below as an application note titled “Indirect Cost
Rate” in the GrantSolutions Grants Management Module (GMM) as part of the executed
Agreement. The schedule shall identify the applicable indirect cost rate(s) (including if the de
minimis rate is charged per 2 CFR 200.414) and the direct cost base to which the rate will be
applied. Grantee shall not include indirect cost rates for Project Sponsors. The Grantee’s indirect
cost rate schedule as submitted to GMM is incorporated herein as part of the Terms and
Conditions of the Agreement.

Grantee (or Administering Direct

Department/Agency, if applicable) Indirect cost rate Cost Base

%

%

%

ARTICLE XI. Records

A. The Grantee shall maintain all programmatic records and any other documents required
under this award in its files for a period of not less than four years in accordance with 24
CFR 574.530. The Grantee shall retain records for a longer period of time when any of the
exceptions in 2 CFR 200.333 apply. Upon reasonable notice, the Grantee shall make
records available for audit or inspection by authorized representatives of HUD.

B. The Grantee shall maintain records of beneficiary and program activity eligibility,
including documentation that evidences compliance with program requirements and
these Terms and Conditions of the Agreement. In the case of participant eligibility
records, the Grantee shall update records no less than annually.

C. The Grantee shall comply with 24 CFR 574.440 and all applicable Federal, state,
and local laws regarding privacy and confidentiality of health-related information.

ARTICLE XII. Reporting

A. The Grantee shall submit an Annual Progress Report (APR) in accordance with 24
CFR 574.520. The Annual Progress Report (APR) is due to HUD within 90 days of
the end of the designated 12-month period. The APR must be submitted in paper
form and must include the number of individuals assisted, the types of assistance
provided, a description of the resources made available, the investment of available
resources, the geographic distribution and location of investments, the families and
persons assisted (including race and ethnicity of persons assisted), and actions taken
to affirmatively further fair housing.

B. The Grantee agrees to comply with the award term and condition for reporting of
matters related to recipient integrity and performance at Appendix XII to 2 CFR

part 200.

ARTICLE XIII. Research and Development

This Grant is not for research and development (R&D), as defined at 2 CFR 200.87.

ARTICLE XIV. Contact Information

A. HUD notifications to the Grantee under this Agreement shall be sent through GMM,
unless the Grantee otherwise notifies HUD in writing.

B. Grantee notifications, including requests for amendments to this Agreement, shall be
addressed through GMM.

C. The Grantee agrees to update GMM account information, including creation of new user
accounts for staff working directly with the Grant, when staff changes occur. Instructions
for requesting a GMM user account can be accessed here:
https://home.grantsolutions.gov/home/home/customer-support/getting-star….

ARTICLE XV._ Default

Default shall occur when the Grantee fails to comply with the Act, Regulations, any other
program requirement, or these Terms and Conditions of the Agreement. In the event of a default,
HUD may take one or more of the actions in 2 CFR 200.338 after providing the Grantee with an
opportunity for informal consultation in accordance with 24 CFR 574.500(c).

Nothing in this Article shall limit any remedies otherwise available to HUD in the case of a
default by the Grantee. No delay or omissions by HUD in exercising any right or remedy
available to it under this Agreement shall impair any such right or remedy or constitute a waiver
or acquiescence in any Grantee default.

ARTICLE XVI. Termination

The Grant may be terminated in accordance with 2 CFR 200.339, including for convenience
when HUD and the Grantee agree that continuation of the award would not produce beneficial

results.

ARTICLE XVII. Award Date and Period of Performance

A. The Federal award date of the Grant Funds that HUD agrees to provide through this
Agreement is the date listed in Box | of the Notice of Award indicating the execution of
this Agreement on behalf of the Secretary of Housing and Urban Development.

B. The term of this Agreement may not begin until the original grant agreement identified in
Box 4 of the NOA has expired. The Period of Performance for this Agreement is the date
range identified in Boxes 6 and 7 of the Notice of Award.