Finance Committee

6. Assist or help the city understand the compliance with all terms, covenants, and

agreements contained in the NMTC joan agreement, indemnification agreement. guaranty
agreemeni(s), community benefits agreement. etc.

iV. Qualifications

The Respondent must have extensive experience and proven track record in providing the
services described above including obtaining allocations for successfully executed projects,
(Entities that have their own allocation are eneouraged to respond).

V, Submission Reauirements
A. Content

The City af Nashua assumes no liability for the payment of costs and expenses incurred by any
bidder in responding to this request far bids. All bids become the sole properly of the City of
Nashua. This request for bids is not a contract and alone shall not be interpreted as such but
rather serves as an instrument through which hids are solicited.

©) THE CITY OF NASHUA "The Cate City”

A Fannie NVervices

Prrsesian |eparnient

February 6, 2018
Reguest jor Proposals

New Markets Tax Credit (*NMTC") Program Consuliant
RFPO265-022018

The City of Nashua, NH, herein referred to as “the City”, is seeking an individual or a firm
(“Entity”) experienced with the federal New Markets Tax Credit (“NMTC") program to provide
consulting services to the city relating to a specific redevelopment project, for which the City
hopes to obtain a NMTC allocation.

Exhibit B

in any third party and this agreement is entered into for the exclusive benefit of the City and
Service Provider.

29, SURVIVAL OF RIGHTS AND OBLIGATIONS. The rights and obligations of ihe parties that
by their nature survive termination or completion of this contract shall remain in full force and
effect.

taxes imposed by law. Service Provider hereby indemnifies and holds harmless the City from
any liability on account of any and all such taxes, levies, duties, assessments, and deductions.

25. NON-WAIVER OF TERMS AND CONDITIONS. None of the terms and conditions of this
contract shall be considered waived by the City. There shall be no waiver of any past or future
default, breach, or modification of any of the terms and conditions of the contract unless
expressly stipulated to by the City in a written waiver.

Provider shall not use, willingly allow or cause to have such materials used for any purpose other
than the performance of Service Provider's obligations under this contract without the prior
written consent of the City.

17. FEDERAL SUBCONTRACTING REQUIREMENTS. If Service Provider awards a subcontract
under this contract, Service Provider, if applicable, shall use the following alternative steps:

A. Using the services of the Smali Business Administration and the Minority
Business Development Agency of the United States Department of
Commerce, as appropriate; and

B. Requiring the subcontractor, if it awards subcontracts, to take the
affirmative steps set forth in paragraph A.

Unless the City, in its sole discretion, decides otherwise, the City shall pay Service Provider in
full within 30 days of approval of the submitted monthly invoice forms and progress reports.

each insurance policy must be signed by a person authorized by the insurer and who is licensed
by the State of New Hampshire. General Liability and Auto Liabili licies must name the
City of Nashua as an additional insured and reflect on the certificate of insurance, Service
Provider 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.