AWARD ATTACHMENTS
City of Nashua, NH NH-H17-0012-00
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 I. 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 II. 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 UI. 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 VUI of these Terms and Conditions of the Agreement.
ARTICLE IV. Compliance with Program Requirements
A. The Grantee shalt 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:
I.
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)
conceming 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 VIL. 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
outcomes established in the approved Form HUD 40110-B Renewal Budget for
the implementation and operation of this award;
. Ensure that other state, local, federal, or private resources to provide the permanent
housing or supportive services portion of the project, as documented in the Form HUD
40110-B Renewal Budget will continue to be available for that purpose throughout the
performance period of the Grant;
. Maintain documentation in Grantee files that each permanent supportive housing client
has a continuous legal right under state/local law to remain in their unit or property and
have access to ongoing supportive services provided through qualified providers. Such
documentation must include a copy of the standard lease form, sub-lease, or occupancy
agreement used for residents of the project, which must be for a term of at least one year
and automatically renewable upon expiration, except on reasonable prior notice by either
the tenant or the landlord;
If providing security deposits, ensure that such costs are reasonable, limited to not more
than two months’ rent, and classified as part of the BLI shown as Permanent Housing
Placement Costs;
. Conduct an ongoing assessment of the permanent supportive housing assistance
required by the participants in the program, including annual assessments of their
housing situations, and report on the annual achievement of HOPWA client outcome
goals in achieving stable housing, reducing nsks of homelessness and improving
access to care for beneficiaries;
. Assure the adequate provision of supportive services to the participants in the
program, including support to access health-care, HIV treatment and benefits or
other support available under mainstream health and human welfare programs and
other public and private resources, as needed. Further, the Grantee shall ensure
that Grant Funds will not be used to make payments for health services for any
item or service to the extent that payment has been made, or can reasonably be
expected to be made with respect to that item or service: (i) under any State
compensation program, under an insurance policy, or under any Federal or State
health benefits program; or (ii) by an entity that provides health services on a
prepaid basis;
Commit program income to the Grant in accordance with the addition method at 2 CFR
200.307(e)(2);
Comply with environmental review requirements at 24 CFR 574.510;
. (For Grantees that use Grant Funds for supportive service activities aimed at assisting
HOPWA clients with substance abuse treatment). Comply with federal, state and other
applicable laws pertaining to the illegal use of a controlled substance. The Grantee must
undertake reasonable steps to ensure that beneficiaries receive appropriate access to
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:/Avww.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 XIL. 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 1 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.
ARTICLE XVII. Grant-specific Conditions
The following conditions are put on this grant due to deficiencies in the submitted Renewal
Application:
A. The final approved budget for this award is attached to this grant agreement. The grantee
must implement this grant in accordance to this final approved budget, unless an
amendment is executed.
B. In the application’s Descriptive Budget Justification Narrative, under PHP personnel
costs for New Hampshire HIV/AIDS Task Force, activities listed include “apartment
search”. This activity is considered housing information and must not be billed to PHP.
Either take out the housing information activities from under the PHP line item and
resubmit the Descriptive Budget Justification Narrative with those costs under a housing
information line item, or take out the housing information activities completely and
resubmit the Descriptive Budget Justification Narrative with those changes reflected.
C. In the application’s Descriptive Budget Justification Narrative, under TBRA for Harbor
Homes, activities are listed as “Rent payments for 31 units with average rent and utility
costs of $771.23 per month”. A HOPWA client cannot receive both TBRA assistance
and utility assistance. The calculation for resident rent payment includes a utility
allowance deduction. A payment of an additional utility assistance on top of the utility
allowance deduction would be considered double dipping.
OMB Approval No. 2506-0133
exp. 12/31/2017
Final Approved Form HUD-40110-B FY17 Renewal Budget
Grantee Name (“Grantee”): City of Nashua
Unique Entity Identifier (DUNS Number): 066758343
Insert application package page number 1 Form HUD-40110-B (Expiration Date 12/31/2010)
