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8) THE CITY OF NASHUA “The Cate City"

Financial Services

Purchasing Department

May 10, 2018
Memo #18-141

TO: MAYOR JIM DONCHESS
FINANCE COMMITTEE

SUBJECT: INDEPENDENT CONTRACT AGREEMENT WITH HARBOR HOMES, INC. (VALUE:

$1,008,703)
DEPARTMENT:171 COMMUNITY SERVICES; FUND: GRANT FUNDS

Please see attached communication from Bobbie Bagley, Director of Public Health & Community Services
dated May 16, 2018 for the information related to this contract award.

The Director of Division of Public Health & Community Services and the Purchasing Department
recommend the award of this contract in the amount of $1,008,703 to Harbor Homes, Inc of Nashua,
NH.

Respectfully,

pg

Dan‘Kooken
Purchasing Manager

Ce: B Bagley J Graziano

229 Main Street » Nashua, New Hampshire 03061 » Phone (603) 589-3330 e Fax (603) 589-3233

BY THE CITY OF NASHUA "The Cate City’

Division of Public Health and Community Services

Office of the Director
TO: Daniel Kooken, Purchasing Manager
FROM: Bobbie D. Bagley, Director of Division of Public Health & Community Services

SUBJECT: — City of Nashua and Harbor Homes, Inc. Independent Contract Agreement

DATE: May 16, 2018

In recognition of the current lack of affordable housing in the City of Nashua and the need
to support vulnerable populations in our community, the Division of Public Health and Community
Services (DPHCS) is requesting approval to enter into an Independent Contract Agreement with
Harbor Homes, Inc. for the purpose of administering HOPWA (Housing Opportunities for Persons
With AIDS) pass-through grant funds.

The City of Nashua DPHCS is the designated grantee and Harbor Homes, Inc. will be a
project sponsor for the HOPWA grant. Harbor Homes, Inc. will provide tenant-based rental
assistance in compliance with all HUD requirements, assist clients in finding rental housing,
complete rental unit inspections, administer rental subsidy assistance, maintain administrative
tecords and client files, and perform any other duties required to comply with HUD regulations in
administering HOPW/A (Housing Opportunities for Persons With AIDS) TBRA assistance.

The Independent Contract Agreement is a sole source agreement to ensure compliance with
all HUD (Housing and Urban Development) requirements in the administration of the HOPWA
grant.

Ce John Griffin
Janet Graziano
Robert Mack

18 Mulberry St Street » Nashua, New Hampshire 03060 « Phone (603) 589-4546 © Fax (603) 594-4539

INDEPENDENT CONTRACTOR AGREEMENT
Housing Opportunities for Persons With AIDS (HOPWA) Grant

AGREEMENT made this 1* day of May 2018 by and between the City of Nashua (hereinafter “City”) —
Division of Public Health & Community Services (hereinafter “DPHCS) whose address is 229 Main Street,
Nashua, NH 03060 and Harbor Homes, Inc. (hereinafter “Contractor’) whose address is 77 Northeastern
Boulevard, Nashua, NH 03062.

SERVICES TO BE PERFORMED:

The City is a recipient of a Housing Opportunities for Persons With AIDS (HOPWA) grant from the United
States Department of Housing and Urban Development for the purposes of providing tenant-based
rental assistance to eligible clients and their families. In order to implement this grant, the City is
entering into this agreement with Harbor Homes, Inc.

The Contractor agrees to perform the following services for the City:

1. Operate the HOPWA program in accordance with the applicable Housing and Urban
Development (HUD) regulations; -

2. Comply with and meet the performance measure benchmarks established in the Notice of
Funding Availability and by. HUD for the implementation and operation of the grant;

3. Conduct approved activities in order to achieve the planned housing performance goals for
housing outputs;

4. Conduct an ongoing assessment of the permanent supportive housing assistance required by
the participants in the program;

5. Report on the annual achievement of the HOPWA client outcome goals in achieving stable
housing, reducing risks of homelessness and improving access to care for beneficiaries;

6. Assure the provision of supportive services to participants in the permanent housing program
and fulfill the commitment to use leveraged funds for HOPWA activities by documenting the use
of an amount of funds consistent with HUD-approved list of commitments;

7. Comply with all terms and conditions, including record-keeping and reporting for program
monitoring and evaluation purposes;

8. Agree to maintain records of beneficiary and program activity eligibility and related
documentation, including but not limited to, the following Agreements as defined in the HUD
contract with the city of Nashua, NH: a) Continue the Provision of Permanent Housing, b)
Continue the Use of Other Resources, and, c) Permanent Client Occupancy;

9. Comply with environmental review requirements, as set forth at 24 CFR Part 58;

10. Provide HUD with information necessary for HUD to perform any required environmental review
under 24 CFR Part 50; respond to measures required from such a review;

11. Await approval from HUD for any lease, rehabilitation, conversion, repair, or construction of
property;

12. Abide by 24 CFR Part 574 — Housing Opportunities for Persons With AIDS — and subparts A-G, as
noted in Exhibit C of the federal contract between the City of Nashua, NH and HUD; and

13. Will understand fully the characteristics contributing to a “default” and the possible
consequences of a “default” by HUD standards; will respond appropriately to a “default”
determination.

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City of Nashua HOPWA contract Page 1

PLACE OF PERFORMANCE:

The work described above shall be performed at: Harbor Homes, Inc., 77 Northeastern Boulevard,
Nashua, NH 03062.

TIME PERIOD:

The Contractor agrees to commence work immediately and complete all functions required in a timely,
professional and competent manner. The City can terminate this agreement at any time and pay the
Contractor for all services performed up to that date. The City is entitled to all notes, drafts, and
documents produced by the Contractor up to that date. This contract will expire on April 30, 2021
unless the City decides to end this contract sooner and may be subject to renewal.

PAYMENT FOR SERVICES:

The Contractor will be reimbursed for services rendered, as indicated in the approved HOPWA grant
application budget. Payment will be made on a monthly basis by the City. For auditing purposes, copies
of all receipts are requested at the time of monthly billing cycles. Such requests for reimbursements will
be submitted to the DPHCS’s Finance Coordinator monthly.

SUPERVISION:

The City reserves the right to inspect the work being performed and to determine whether it is being
performed in a goad and “workmanlike” manner. The Contractor shall have the ultimate authority to
determine the hours of work, the length of workdays, the means and methods of performance of the
work, and the City shall not interfere in this regard.

INVOICES:

The Contractor agrees to provide the City with monthly invoices, including copies of all applicable
receipts, for all work performed on a monthly basis.

SUBCONTRACTORS OR ASSISTANTS:

The Contractor agrees to pay any wages, taxes, unemployment insurance, withholding taxes, and

workers compensation insurance required by law for assistants or subcontractors. Said assistants or
si
City of Nashua HOPWA contract Page 2

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
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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.

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City of Nashua HOPWA contract Page 4

Jim Donchess
Mayor e City of Nashua

To: Board of Aldermen

From: Mayor Jim Donchess

Date: August 10, 2022

Re: Multi-Year Contract Award — New Era Technology

Pursuant to NRO: § 5-74/B: A contract that extends from the current fiscal year into succeeding

fiscal year(s) in which no funds have been appropriated nor otherwise designated for this purpose
shall be approved by the full Board of Aldermen before the contract shall become binding on the

City.

The Finance Committee has approved and placed on file the notification of the award of the
referenced contract at the August 17, 2022 meeting and as such | am requesting the full Board of
Alderman approve the following contract:

Item: Three year agreement for Palo Alto Firewall for backup Internet
line
Value: 24,522.80
Vendor: New Era Technology
Purchasing Memo#: 23-321 dated August 10, 2022
Contract Term: 3 years
Thank you.

229 Main Street * PO Box 2019 * Nashua, New Hampshire 03061 -2019
603.589.3260 * fax 603.594.3450 * NashuaMayor@NashuaNH. gov
www.NashuaNH.gov

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