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Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 34
- Document type
- Other
- Status
- imported
- Citation
- Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 34
- Date
- March 25, 2026
Serving Councilors
Linked by service date; this is not an individual vote unless the official source says so.
- Joseph Kenney District 1 Serving councilor
- Karen Liot Hill District 2 Serving councilor
- Janet L. Stevens District 3 Serving councilor
- John Stephen District 4 Serving councilor
- David K. Wheeler District 5 Serving councilor
- Meeting Date
- 2026-03-25
- Attachment Kind Label
- Agenda item PDF
- Attachment Relation
- primary_meeting_attachment
- Agenda Numbers
- 34
- Agency Names
- Division For Behavioral Health, Community Development Finance Authority
- Parent Meeting Title
- Governor and Executive Council meeting - 2026-03-25
34
March 25, 2026
CDBG-CV Public Services Round Two
The State of New Hampshire received approximately $14.3 million from the US Department of Housing
and Urban Development (HUD) through the CARES ACT to be deployed under the CDBG program in
response to the Coronavirus Pandemic (COVID-19). These funds, known as CDBG-CV, were to be used
specifically for the prevention of, preparation for, and response to COVID-19.
CDFA administers programs that effectively deploy funds to create the most community-driven impacts
and public benefits and which comply with state and federal regulations and adapt to the evolving needs
of New Hampshire communities.
CDFA developed priorities for deployment of these funds based on state, municipal, nonprofit partner and
stakeholder feedback. Several CDBG-CV funding opportunities have been created since the funding was
received to support needs across the state, including,
• In August 2020, CDFA awarded $848,730 of CDBG-CV funds to support COVID-19 related
technical assistance and direct grants to Microenterprise businesses.
• In November 2020, nearly $7.5M in CDBG-CV funds were awarded through CDBG-CV Public
Service Round 1 to support critical high-priority services that included childcare, foodbanks, legal
services, as well as health, mental health and substance abuse services, among others.
• Approximately $3M in CDBG-CV funds have been awarded to support eligible housing and public
facilities projects that had a tie-in to the COVID-19 pandemic.
• $2M in funding was also awarded specifically to Permanent Supportive Housing projects through a
dedicated funding opportunity.
“Public Services” is an eligible CDBG activity that is not typically funded in the state CDBG program.
The 2020 CDBG-CV Public Service round was the first funding opportunity available to support this
type of activity in the state CDBG program.
CDFA has seen the continued impact that the COVID-19 pandemic has had on housing instability and
homelessness. The impacts are seen through CDFA’sday-to-day work across its programs, through
involvement in the Council on Housing Stability and through conversations with stakeholders including the
NH Department of Health and Human Services, municipalities, and nonprofit homeless service providers.
Based on this need, CDFA created a CDBG-CV Public Service funding opportunity that aims to mitigate
the ongoing effects of COVID-19 by supporting municipalities and nonprofit organizations in delivering
direct services to unhoused individuals.
Scoring Description
Each of the applications was evaluated based on the following scoring criteria:
14 Dixon Avenue, Suite 102
Concord, NH 03301
Tel: 603.226.2170
Fax: 603.226.2816
CDAC 1/8/26 Page 2
Criteria
Max
Score Detail
Community Need and
Impact
Community Need (CDI
#) 70
Up to 70 Points- Data used to establish the Community Need scores can be found
in the Core Data Index, which is an Appendix of the CDBG Application and Program
Guide. Data is gathered from a variety of sources, including the US Census Bureau,
NH Department of Health and Human Services, NH Housing Finance Authority,
and the NH Office of Strategic Initiatives.
Statewide PIT Count
Data 40
40- Service area has a high 2024 PIT count number relative to other applications;
20- Service area has similar 2024 PIT count numbers relative to other applications
0- Service area has low 2024 PIT count numbers relative to other applications.
Activity Need and
Impact
Cost per Beneficiary 40
40- If the project will benefit more individuals and the relative cost in CDBG funds is
low as compared to other applications; 20- If the project will benefit fewer
individuals and or the relative cost in CDBG per individual is higher compared to
other applications; 0- If the project will benefit a small number of individuals and/or
the relative cost in CDBG fund per individual is high compared to other
applications.
Demand for Services 30
30- It is demonstrated that the shelter/programs are regularly at capacity and are
unable to serve all who are seeking assistance 15- It is demonstrated that the
shelter/programs are sometimes at capacity and are unable to serve all who are
seeking assistance; 0- It is not demonstrated that the shelter/program is at
capacity
Organizational
Need/Track Record 10
10- The service providers can strongly demonstrate a successful track record of
delivering homeless programs; 5- The service providers did not strongly
demonstrate a successful track record of delivering homeless programs and
services 0- The service providers did not strongly demonstrate a successful track
record or do not have a track record of delivering homeless programs.
Prior CDBG CV Awards
and Outcome 20
20- The Applicant and Subapplicant have not received previous CDBG-CV funds
from CDFA; 10- The Applicant and/or subapplicant has received CDBG-CV funds
from CDFA and the project met intended outcomes; 0-The Applicant and/or
Subappliant has received CDBG-CV funds from CDFA and the project did not meet
intended outcomes.
Existing Relationship
between Service
Provider and Applicant
10
10- The Sub applicant has an established working partnership with the Applicant
which is demonstrated by the Applicants prior commitment of funds for the
services. 5- The Sub applicant has an established partnership with the Applicant
but has not funded the Sub applicant within the last 24 months. 0- The Sub
applicant does not have a prior relationship with the Applicant.
CDAC 1/8/26 Page 3
Readiness/Federal
Compliance Capacity 30
30- The service provider(s) demonstrated that they are ready to provide the
services as soon as funding is available and they have experience with federal
funding compliance; 15- The service provider(s) demonstrated limited readiness to
provide the services as soon as funding is available and has limited experience with
federal funding compliance; 0- The service provider(s) did not demonstrate
readiness to provide the services as soon as funding is available or has no
experience with federal funding compliance.
Total Score 250
RECOMMENDED CDBG-CV PUBLIC SERVICE ROUND 2
AWARD SUMMARY
Applicant Sub applicant
Requested CDBG-
CV Amount
Recommended CDBG-
CV Award Amount Score
City of Manchester Families in Transition $500,000 $500,000 229
City of Concord
Concord Coalition to End
Homelessness $130,000 $130,000 188
Strafford County
Community Action
Partnership of Strafford
County $452,039.00 $424,859 150
Total $1,082,039 $1,054,859
APPLICANT AND SUBAPPLICANT APPLICATION SUMMARIES
City of Concord- $130,000- Concord Coalition to End Homelessness (Public Services)
Applicant City of Concord
Sub applicant and Request
Concord Coalition to End Homelessness ($114,000)
Total CDBG Request $130,000
LMI Beneficiaries 650 Beneficiaries/ 100% LMI
HUD CDBG National Objective Low Moderate Income Limited Clientele 24 CFR
570.483(b)(2) Homeless Presumed Group
HUD CDBG Eligible Activity Public Services (05)
CDAC 1/8/26 Page 4
The City of Concord is requesting $130,000 in CDBG-CV Public Service funds to support expanded
operations at the Emergency Winter Shelter and Homeless Resource Center operated by the
Concord Coalition to End Homelessness (CCEH). The funding will support at least 650 individuals
experiencing homelessness; all are considered low-to moderate income as part of a HUD Presumed
Group.
Founded in 2008, CCEH is a 501(c)(3) nonprofit and the leading homeless response provider for the
greater Concord region. It operates two core low-barrier programs-the Emergency Winter Shelter
(EWS) and the Homeless Resource Center (HRC)-both of which serve adults experiencing
homelessness from the City of Concord and surrounding communities within Merrimack County. The
EWS and HRC have operated continuously for 17 years and have a strong record of providing
services to people experiencing homelessness in Concord and surrounding communities. CCEH has
worked with the City of Concord since 2008 and the City has funded the operations, in part, of CCEH
for over a decade.
The CDBG-CV funds will support additional costs incurred due to the ongoing impact of COVID-19 on
homelessness, housing instability, and demand for basic-needs services. In response to escalating
post-pandemic need, CCEH is expanding its EWS evening hours and adding weekend warming
hours at the HRC to ensure individuals experiencing homelessness have access to safe, warm space
every day of the week during the winter season. CCEH expanded weekday hours and piloted Sunday
warming center hours in early 2025. That pilot was successful, therefore the CCEH will add Saturday
and Sunday hours (1-4pm) during the winter shelter 2025-2026 season.
Applicant/Subapplicant Shelter(s) Requested Amount
City of Concord N/A $0
Concord Coalition to End Homelessness (sub
applicant)
Emergency Winter Shelter/ Homeless
Resource Center $114,000
CDBG Admin $16,000
Total $130,000
Recommendation – Staff notes there are sufficient funds available in this round to make an award
of $130,000 to this project. Staff recommends CDBG-CV funding for this project with the following
contingencies:
• Sufficient funds are available and allocated by HUD;
• There is no impact to the project’s score or rank due to the Administrative Review Procedure, which
shall be completed within 30 days of Advisory Committee approval;
• Requirements of the CARES Act, including Duplication of Benefits and other applicable
requirements;
• All other usual and customary CDBG contract terms; and
• The use of funds conforms with HUD and State regulations.
City of Manchester- $500,000- Families in Transition (Public Services)
Applicant City of Manchester
CDAC 1/8/26 Page 5
Sub applicant and Request Families in Transition ($250,000)
Total CDBG Request $500,000
LMI Beneficiaries 1,008 Beneficiaries/ 100% LMI
HUD CDBG National Objective Low Moderate Income Limited Clientele 24 CFR
570.483(b)(2) Homeless Presumed Group
HUD CDBG Eligible Activity Public Services (05)
The City of Manchester is requesting $500,000 in CDBG-CV Public Service funds to support shelter
operations at four different locations within the city. Half of the funding will be subgranted to Families in
Transition, to support operations at two of their shelters. The other half of the funding will be used to
support two shelters operated by the City of Manchester. The funding will support at least 1,008
individuals experiencing homelessness, all considered low-to moderate income as part of a HUD
Presumed Group.
The City of Manchester continues to experience an increase in housing insecurity and homelessness as a
result of the COVID-19 pandemic. Many who find themselves homeless in other communities across the
state relocate to Manchester to utilize the resources that the city and area nonprofits provide, which many
other communities do not. In 2019, the City of Manchester established a Homelessness Task Force to
address the challenges of homelessness. A Homeless Coordinator position was created in 2021. COVID-
19 led to heightened homelessness as many jobs were lost and housing costs soared. The Director of
Homelessness Initiatives works with the Manchester Continuum of Care to streamline collaboration and
resources between 77 organizations which provide homelessness services and the city departments who
work closely with the homeless population.
The City of Manchester operates the 39 Beech Street shelter, which was established using ARPA funds in
response to the swelling number of homeless people after COVID-19. This is the only shelter in the city that
is equipped to house severely medically challenged individuals. It also serves as a winter warming station
for the entire homeless population. The City is working to wind down operations at this location at the end
of March 2026 due to the unsustainable long-term cost of operation. The City will be transitioning services
at a more cost-effective building located at 200 Elm Street. This new location will also serve as a winter
warming station to the homeless population at-large and as a 20-bed shelter. CDBG funds will be used to
support operations at 39 Beech Street shelter until its closure, at which point funds will then support start-up
operations at the new location.
Families in Transition (FIT) is a 501(c)(3) nonprofit whose mission is to prevent and end the cycle of
homelessness. The City of Manchester has worked closely with FIT to address the needs of the homeless
population for the past 25 years. FIT is the largest provider of shelters in Manchester, providing 138 beds to
men, women, and veterans experiencing homelessness, and an additional 11 bedrooms for families. They
also maintain 280 affordable apartment units that provide permanent, transitional, and recovery housing.
FIT’s family emergency shelter is the only shelter in the city that is designed to help homeless families stay
together. It consists of 11 rooms and 46 beds. It regularly operates at full capacity with an estimated waitlist
of 57 individuals. The adult emergency shelter is a low barrier, 138 bed shelter that ensures that all adults
struggling with homelessness have access to much needed resources such as substance use treatment,
food, and clothing, in addition to shelter. This shelter also operates at max capacity throughout the year,
with a regular waitlist. CDBG-CV funding will be used to support operating costs at both FIT shelters.
CDAC 1/8/26 Page 6
Applicant/Subapplicant Shelter(s)
Requested
Amount
City of Manchester 39 Beech Street Shelter/ 200 Elm Shelter $245,000
Families in Transition (sub applicant) Family Emergency Shelter/ Adult Emergency Shelter $245,000
CDBG Admin $10,000
Total $500,000
Recommendation – Staff notes there are sufficient funds available in this round to make an award
of $500,000 to this project. Staff recommends CDBG-CV funding for this project with the following
contingencies:
• Sufficient funds are available and allocated by HUD;
• There is no impact to the project’s score or rank due to the Administrative Review Procedure, which
shall be completed within 30 days of Advisory Committee approval;
• Requirements of the CARES Act, including Duplication of Benefits and other applicable
requirements;
• All other usual and customary CDBG contract terms; and
• The use of funds conforms with HUD and State regulations.
Strafford County-$ 452,039- Community Action Partnership of Strafford County (CAPSC)
(Public Services)
Applicant Strafford County
Sub applicant and requested amount Community Action Partnership of Strafford County
(CAPSC)
Total CDBG Requested $452,039
LMI Beneficiaries 112 Beneficiaries/ 100% LMI
HUD CDBG National Objective Low Moderate Income Limited Clientele 24 CFR
570.483(b)(2) Homeless Presumed Group
HUD CDBG Eligible Activity Public Services (05)
Strafford County requests $452,039 in CDBG-CV Public Service funds to support the Home for Now
Shelter in Rochester, NH, and the Willand Warming Center in Somersworth, NH. The funding will support
at least 112 individuals experiencing homelessness, all considered low-to moderate income as part of
a HUD Presumed Group.
Since COVID-19, there has been a marked increase in homelessness in Strafford County, and this
trend appears to be accelerating. Roughly 70% - 80% of the calls that come into the CAPSC
Homeless Outreach Center are from newly unsheltered families who need reliable and safe shelter.
During the 2025 summer months, shelters statewide were at or above capacity with long waiting lists.
Strafford County operates the seasonal Willard Warming Center on behalf of the Tri-Cities (Dover,
Rochester, and Somersworth) through a third-party vendor. It is located at 30 Willand Drive in
CDAC 1/8/26 Page 7
Somersworth (in a building owned by the City of Dover) and offers 80 beds for winter emergency
sheltering. Operational costs have significantly increased over the years. CDBG funds will be used to
support salaries and benefits to operational costs.
Community Action Partnership of Strafford County (CAPSC) is a private nonprofit founded in 1965
with a mission to reduce barriers to help clients improve their economic stability and well-being.
CAPSC has been managing a homeless prevention and rapid re-housing program for twenty years.
They operate Home for Now, a year-round homeless shelter, located at 202 Washington Street,
Rochester, NH. The shelter has 10 rooms, totaling 32 beds, for individuals and families. CDBG-CV
funds will be used for operating support to cover essential expenses such as utilities, case
management, and direct client support that are not currently funded by other CAPSC programs.
Applicant/Subapplicant Shelter(s) Requested Amount
Strafford County Willard Center $150,000
Community Action Partnership of Strafford County (sub applicant) Home For Now $268,039
CDBG Admin $34,000
Total $452,039.00
2/12/26
9.5
3. AREA COVERED. Except as otherwise specifically provided for herein, the
Grantee shall perfomi tlie Project in, and with respect to, the State of New
Hampsliire. 9.2.
4. EFFECTIVE DATE: COMPLETION OF PROJECT.
<.i. Tliis Agreement, and all obligations of the parties hereunder, shall becoirie
effective on tlie date on the date of approval of this Agreement by tlie Govemor
and Council of the State of New Hainpsliire if required (block l.}6), or upon 9.3.
signature by the State Agency as shown in block 1.14 ("the Effective Date")
4.2 Exceptasotherwisespecificallyprovidedherein,tl'ieProject,includingallreports 9.4.
reqriired by tliis Agreement, shall be completed in ITS entirety prior to tlie date in
block 1.7 (hereinafter referred to as "tlie Completion Date").
5 GRANT AMOUNT: LIMIT ATION ON AMOUNT: VOUCHERS PAYMENT.
5.1. The Grant Amount is identified and inore particularly described in EXHIBIT C,
attached hereto.
5.2 Tlie manner of, and scliedule of payment shall be as set forth in EXHIBIT C.
5.3. In accordaiice with the provisions set forth in EXHIBIT C, and in consideration 10
of the satisfactory perfomiance of the Project, as determined by the State, and as
limited by subparagraph 5.5 of these general provisions, the State shall pay tlie
Grantee tlie Grant Amount. The State shall withhold from tlie amount otherwise
payable to tl'ie Grantee under this subparagraph 5.3 those sums required, or
permitted, to be withheld pursuant to N.H. RSA 80:7 through 7-c
5.4 The payment by tlie State of the Grant amount sliall be the only, and the complete
payment to the Grantee for all expenses, of whatever natiire, incurred by the
Grantee in the perfonnance hereof, and shall be the only, and the coinplete,
coinpensationtotheGranteefortheProject. TheStateshal}havenoliabilitiesto 11
tlie Grantee otlier than the Grant Ainount. ill.
5. 5 Notwithstanding anytliing in tliis Agreeirient to the contraiy, and notwitlistanding
unexpected circumstances, in no event shall the total of all payments autliorized, ll.N
or actually made, hereunder exceed the Grant liinitation set forth in block 1.8 of 11.1.2
tliesegeneralprovisions 111.3
6. COMPLIANCE BY GRANTEE WITH LAWS AND REGULATIONS In il1.4
connection witli the performance of tl'ie Project, tl'ie Grantee shall coinply witli all 11 2
statutes, laws regrilations, and orders of federal, state, county, or iriunicipal
authoritieswliichshallimposeanyobligationsordutyupontheGrantee,including If;N
the acquisition of any and all necessary penriits and RSA 31-95-b.
7 RECORDS and ACCO{JNTS
7 l Between tlie Effective Date and tlie date seven (7) years after tlie Coiripletion
Date, unless otlierwise required by the grant terms or tl'ie Agency, the Grantee
shall keep detailed accounts of all expenses incurred in connection witli the I l 2 2
Project, including, but not limited to, costs of adi'ninistration, transportation,
insurance, telephone calls, and clerical materials and services. Sucli accounts
sliall be supported by receipts, invoices, bills and otl'ier siinilar docuinents
7 2 Between tlie Effective Date and the date seven (7) years after the Coinpletioi'i
Date, unless otherwise required by tlie grant temis or tlie Agency pursuant to 11 2 3
subparagrapli 7.1, at any time during the Grantee's nonnal business hours, and as
often as the State sliall demand, the Grantee sliall make available to the State all 11.2.4
records pertaining to matters covered by tliis Agreement Tlie Grantee sliall
perinittheStatetoaudit,exainine,andreproducesuchrecords,aiidtomakeaudits }2.
of all contracts, invoices, materials, payrolls, records of personnel, data (as that 12.L
temi is l'iereinaffer defined), and otlier information relating to all matters covered
by tliis Agreeirient. As used in tliis paragraph, =Grantee" includes all persons,
natural or fictional, affiliated witli, controlled by, or under comirion ownersliip
8. witli, tlie entity identified as tlie Grantee in block 1.3 of tliese provisions
8 l. PERSONNEL
Tlie Grantee sliall, at its owi expense, provide all personnel necessary to perforin 12 2.
tlie Project The Grantee warrants tliat all persoiinel engaged in the Project sliall
be qualified to perform sucli Project, and shall be properly licensed and autliorized
8 2 to perfonn such Project under all applicable laws.
Tlie Grantee shall not hire, and it shall not permit any subcomractor, subgrantee, }2 3.
or other person, firm or corporation witli whom it is engaged in a combii'ied effort
to perfonri tlie Project, to hire any person who)ias a contractual relationsliip with
8 3 the State, or wlio is a State officer or einployee, elected or appoii'ited
Tlie Grant Officer shall be tlie representative of tlie State hereunder In tlie event
of any dispute hereunder, the interpretation of this Agreement by tlie Grant 12.4
9 0fficer, and his/her decision on any dispute, shall be final
9 1 DAT A: RETENTION OF DAT A; ACCESS.
As used in this Agreeirient, tlie word "data" sliall mean all information and things l 3.
developed or obtained during tlie perfomiance of, or acquired or developed by
reason of, tliis Agreement, including, but not liinited to, all studies, reports, files,
fonnulae, surveys, inaps, charts, sound recordings, video recordings, pictorial
reproductions, drawings, ai'ialyses, grapl'iic representations,
coinputer programs, coinputer printouts, notes, letters, meinoranda, paper, and
documents, all whetlier finished or unfinished
Between the Effective Date and the Coinpletion Date tlie Grantee sliall grant to
the State, or any person designated by it, unrestricted access to all data for
examination, duplication, publication, translation, sale, disposal, or for any otlier
purpose wliatsoever
No data shaH be subject to copyright in tlie United States or any otlier country by
anyone otlier than tl'ie State.
On and afker tlie Effective Date all data, and any property which has been received
from the State or purchased with fui'ids provided for that purpose under this
Agreement, shall be the property of tlie State, and sliall be retumed to tlie State
upon demand or ripon termination of this Agreement for any reason, wliicliever
siiall first occur
The State, and anyone it shall designate, shall have unrestricted autliority to
publisli, disclose, distribute and otherwise use, in whole or in part, all data.
CONDITIONAL NATURE OR AGREEMF.NT. Notwithstanding anytl'iing in
this Agreeinent to the contrary, all obligations of the State hereunder, including,
without limitation, the continuance of payments hereinder, are contingent upon
the availability or continued appropriation of funds, and in no event sliall tlie State
be liable for any payirients hereunder in excess of such available or appropriated
fiutds. In the event of a reduction or termination of those fiinds, tlie State sliall
liave the right to withhold payment until srich funds become available, if ever, and
sliall have the right to terminate tliis Agreement immediately upon giving tlie
Grantee notice of such tenriination.
EVENT OF DEF AULT: REMEDIES
Any one or more of the following acts or omissions of tlie Grantee shall constitute
an event of default hereunder (liereinaffer referred to as "Events of Default=)
Failure to perfomi the Project satisfactorily or on scl'iedule; or
Failure to submit any repoit required hereunder; or
Failure to maintain, or penriit access to, the records required liereunder, or
Failure to perform any of the otlier covenants and conditions of this Agreeinent.
Upon tl'ie octairrence of any Event of Default, the State iriay take any one, or more,
or all, of the following actions'
Give the Grantee a written notice specifying tlie Event of Default and requiring it
to be remedied witliin, in the absence of a greater or lesser specification of tiii'ie,
thirky (30) days froin tlie date of the notice; and if the Event of Default is not
timely remedied, tenriinate tliis Agreement, effective two (2) days after giving tlie
Grantee notice of tennination, and
Give tlie Grantee a written notice specifying tlie Evei'it of Default and suspending
all payments to be made under this Agreement and ordering tliat tlie portion of tlie
Grant Ainount wliich would otlierwise accrue to tlie Grantee during tlie period
from the date of sucli notice until sucli time as the State determines tliat the
Grantee has cured tlie Event of Default sliall never be paid to tlie Grai'itee; and
Set off against any otlier obligation the State may owe to tlie Grantee any dainages
the State suffers by reason of any Event of Default; and
Treat tlie agreeinent as breached and pursue any of its remedies at law or in equity,
or both.
TERMINATION
In tlie event of any early termination of this Agreement for any reason otlier tlian
tlie completion of tlie Project, the Grantee sliall deliver to the Grant Officer, not
later than fifteen (15) days after the date of tenriination, a report (hereinaffer
referred to as tlie "Ten'ninatioi'i Report") describing in detail all Project Work
performed, and tlie Grant Amount eamed, to and including tlie date of tenriuiation.
In the event of Teririination under paragraphs 10 or 12.4 of tliese general
provtstons, the approval of such a Temiination Report by tlie State shall entitle
the Grantee to receive tliat portion of the Grant ainount eamed to and including
tlie date of terinination
In the event of Termination under paragraplis 10 or 12.4 of these general
provtsions, the approval of sucli a Tennination Report by tlie State shall in no
event relieve the Grantee from any and all liability for dainages sustained or
incurred by the State as a result of the Grantee's breach of its obligatioi'is
hereunder.
Notwithstanding anything in this Agreeinent to tlie coi'itraiy, either the State or,
except where notice default has been givei'i to tlie Grantee hereunder, the Grantee,
may terininate this Agreemem without cause upon tliify (30) days written notice
CONFLICT OF INTEREST No officer, member of employee of the Grantee,
and no representative, officer or employee of tl'ie State of New Hampshire or of
the goveming body of the locality or localities in whicli the Project is to be
perforined, who exercises any fiinctions or responsibilities in the review or
approval of the undertaking or cariying orit of sucli Project, sliall participate in 17 2
any decision relating to this Agreement which affects his or her personal interest
or the interest of any corporation, parhiership, or association in which he or she
is directly or indirectly interested, nor shall lie or she have any personal or
pecuniary interest, direct or indirect, in this Agreeinent or tlie proceeds thereof
GRANTEEaS RELATION TO THE STATE. In the perfomiance of thts
Agreement the Grantee, its employees, and any subcontractor or subgrantee of 18
the Grantee are in all respects independent contractors, and are neither agents
nor employees of the State Neither the Grantee nor any of its officers,
employees, agents, members, subcontractors or subgrantees, sliall liave authority
to bind the State nor are they entitled to any of the benefits, workmen's
coiripensation or emoluments provided by the State to its employees.
ASSIGNMENT AND StJBCONTRACTS The Grantee shall not assign, or 19
otlicrwisc transfer any interest in tliis Agreement without the prior written
consent of the State. None of the Project Work sliall be subcontracted or
subgranted by the Grantee other than as set fofh in Exhibit B without the prior
written consent of tlie State. 20
rNDEMNIFICATION. The Grantee shall defend, indemnify and hold harmless
tlie State, its officers and employees, froin and against any and all losses suffered
by the State, its officers and employees, and any and all claims, liabilities or
penalties asserted against the State, its officers and employees, by or on behalf 21
of any person, on account of, based on, resulting from, arising out of (or whtch
may be claimed to arise out of) the acts or omissions of the Grantee or
subcontractor, or subgrantee or other agent of the Grantee. Notwithstanding the
foregoing, nothing herein contained shall be deemed to constitute a waiver of the
sovereign iininunity of tlie State, which immunity is hereby reserved to the State
This covenant shall survive the tennination of tl'iis agreement 22
INSURANCE.
The Grantee shall, at its own expense, obtain and maintain in force, or shall 23.
require any subcontractor, subgrantee or assignee performing Project work to
obtain and maintain in force, both for the benefit of the State, the following
uisurance.
17.1.1 Statutoiy workers' compensation and employees liability insurance for all 24.
employees engaged in tlie perfonnance of the Project, and
17 12 General liability insurance against all claims of bodily injuries, death or properly
dainage, in amounts not less than $1,000,000 per occurrence and $2,000,000
aggregate for bodily injury or deatli any one incident, and $500,000 for property
damage in any one incident; and
Tlie policies described in subparagraplil7.l of this paragraph sliall be the standard
form employed in tlie State of New Hampshire, issued by underwriters acceptable
to tlie State, and autliorized to do business in the State of New Hampshire. Grantee
slial} fumish to the State, certificates of insurance for all renewal(s) of insurance
required under tliis Agreement no later than ten (10) days prior to the expiration
date of each insuraiice policy.
WAIVER OF BREACH. No failure by the State to enforce any provisions hereof
after any Event of Default shall be deeined a waiver of its rights with regard to
tliat Event, or any subsequent Event. No express waiver of any Event of Default
shall be deemed a waiver of any provisions hereof. No such failure of waiver
shal} be deemed a waiver of tlie right of the State to enforce each and all of the
provisions hereof upon any fiirther or other default on the part of the Grantee
Any notice by a party hereto to the other party shaH be deemed to have
been duly delivered or given ak the time of mailing by certified mai1, postage
prepaid, in a United States Post Office addressed to the parties at the addresses
first above given.
AMENDMENT. Tliis Agreement may be amended, waived or discharged only
by an instrument in writing signed by the parkies hereto and only after approval of
sucli amendment, waiver or discliarge by the Govemor and Council of the State
of New Hainpshire, if required or by tlie signing State Agency.
CONSTRUCTION OF AGREEMENT AND TERMS. This Agreement shall be
constnied in accordance with the law of tlie State of New Hampshire, and is
binding upon and inures to the benefit of the parties and their respective successors
and assignees. The captions and contents of the "subject= blank are used only as
a matter of coiwenience, and are not to be considered a part of this Agreement or
to be used in detennining the intend of the parties hereto.
THIRD PARTIES The parties hereto do not intend to benefit any thtrd parties
and this Agreement sliall not be construed to confer any such benefit.
ENTIRE AGREEMENT. This Agreement, which may be executed in a number
of counterparts, each of which sliall be deeined an original, constitutes the entire
agreement and understanding between the parties, and supersedes all prior
agreements and understandings re}ating hereto.
SPECIAL PROVTSIONS. The additional or modifying provisions set forth in
Exhibit A liereto are incorporated as pait of this agreement.
tials J
Bare,.!
3'
l'
l,i(Manchester.FlT-Grant #26-128-CDPS-CV
Exhibit A - Special Provisions
EXHIBIT A
Special Provisions
NONE
Modifications, additional and/or deletions to Form G-I, Grant Agreement, General Provisions, described in detail.
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
EXHIBIT B
GRANT ACTMTIES
PROJECT DESCRIPTION AND PURPOSE.
1.1 This project shall consist of the awarding of $500,000 in Community Development Block Grant
Coronavirus (CDBG-CV) funds to the City of Manchester (the "Grant Funds"), of which a total of $245,000
will remain with the City and $245,000 is to be subgranted as itemized on the table below" (collectively
referred to as "Subrecipient") for Public Services subgrants. All funds must be used by the Grantee and
Subrecipient to provide public services activities to prevent, prepare for, and respond to Coronavirus in
accordance with the CARES Act allocation to the Grantee and of the u.s. Department of Housing and
Urban Development (HUD) Community Development Block Grant Program, as set forth in the Housing and
Community Development Act of 1974, as amended, (42 USC. 5301 et seq.), hereinaffer referred to as
CDBG.
1.2 The specific reporting requirements for beneficiary performance measures and goals for this grant
are outlined in Attachment I Subrecipient Agreement Minimum Terms and Conditions.
1.3 Consistent with the National Objectives of the Community Development Block Grant Program under
Title I of the Housing and Community Development Act of 1974, as amended, The Housing and Economic
Recovery Act of 2008 (HERA), as amended, and the CARES Act, the Parties agree that the Subrecipients
will collectively serve the total number of public services beneficiaries referenced in the table below", of
which at least 51 % will be of low- and moderate-income, as that term is defined in 24 CFR 570.483 and
CDFA's Implementation Guide.
Applicant/Subapplicant Shelter(s)
Requested
Amount
City of Manchester 39 Beech Street Shelter/ 200 Elm Shelter $245,000
Families in Transition (sub applicant)
Family Emergency Shelter/ Adult Emergency
Shelter $245,000
CDBG Admin $10,000
Total $500,000
GRANT ADMINISTRATION.
2.1 Grantee shall peform all activities as necessary to administer the CDBG-CV funds in accordance
with the provisions of this Agreement, and particularly the state and federal requirements referenced in
Section 3.
2.2 GranteehasagreedtoanlmplementationSchedule,whichwillprovideforthecompletionofall
grant activities, prior to the Grant Completion Date. All public service activities shall be completed prior to
the Grant Completion Date as stated in Section 1.7 or the General Provisions.
2.3 Granteeshallbepermittedtorequestupto$10,000ofCDBG-CVfundsforreimbursementof
administrative Project Costs. In no event shall administrative costs reimbursable with Grant Funds exceed
fifteenpercent(15%)ofthetotalGrantFunds. Administrativecostsshallbelimitedtotheallowablecosts
as specified in OMB 2 CFR Part 200, as the same may be amended from time to time. Such costs include
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
but are not limited to: recordkeeping, reporting, audits and compliance with all federal, state and local laws,
rules and regulations.
2.4 Grantee shall enforce the terms and conditions of its Subrecipient Agreements, as provided herein.
Grantee shall promptly notify Subrecipient in writing in the event of a default under the Subrecipient
Agreement and shall aggressively pursue its remedies under said Agreement for the benefit of the State.
2.5 Grantee shall submit to the CDFA all required reports as specified in this Agreement and shall
monitor and enforce the reporting requirements of the Subrecipient Agreements as provided in this
Agreement or any Exhibits or attachments hereto.
2.6 Grantee or Grantee's consultant shall provide such training as is necessary to the Subrecipients to
secure satisfactory performance of its duties and responsibilities under the Subrecipient Agreements.
2.7 Grantee shall enter into Closeout Agreements with the Subrecipients and CDFA, as required by
CDFA.
STATE AND FEDERAL COMPLIANCE.
3.1 Grantee shall comply, and shall require any Subrecipient, contractor and subcontractor to comply,
with all federal and state laws, including but not limited to the following, and all applicable standards,
rules, orders, ordinances, or regulations issued pursuant thereto:
3. 1.1 The Copeland "Anti-Kickback" Act, as amended (I I 8 USC 874) as supplemented in
Department of Labor regulations (4'1 CFR Chapter 60).
3.1.2 Nondiscrimination. Title Vl of the Civil Rights Act of 1974 PL 88- 352), as amended, (42
USC 2000d) the Fair Housing Act of 1968 PL 90-284), Executive Orders 11063 and
12259, and the requirements imposed by the Regulations of the Department of Housing
and Urban Development (24 CFR 107 and 24 CFR 570.496) issued pursuant to that Title.
3.1.3 Labor Standards. Davis-Bacon Act, as amended (40 USC 276a-276a-7), the Contract
Work Hours and Safety Standards Act (40 USC 327-333).
3.1.4 The Flood Disaster Protection Act of 1973 (PL 93-234), as amended, and the regulations
issued pursuant to that act, and Executive Order 1 I 985.
3.1.5 Architectural Barriers Act (PL 90-480), 42 USC 4151, as amended, and the regulations
issued or to be issued thereunder, including uniform accessibility standards (24 CFR 40)
for public buildings with 15 or more residential units. RSA 275-C:10 and the New
Hampshire Architectural Barrier Free Design Code (Han 100, et. seq.) is also applicable.
3.1.6 Rehabilitation Act of 1973. 29 USC 794, Sections 503 and 504, Executive Order 11914
and u.s. Department of Labor regulations issued pursuant thereto.
3.1.7 The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
(PL 91-646), as amended, 15 CFR Part 916 including amendments thereto and
regulations thereunder.
3.1.8 TheNationalEnvironmentalPolicyActof1969(PL90-190):theNationalHistoric
Preservation Act of 1966 (80 Stat 915, 116 USC 470); and Executive Order No. 11593 of
May 31, 1971, as specified in 24 CFR 58.
ere
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
3.1.9 The Clean Air Act, as Amended, 42 USC 1857 et seq., the Federal Water Pollution
Control Act, as amended, 33 USC 1251 et seq. and the regulations of the Environmental
Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to
time.
3.1.10 RSA 354 and rules of the New Hampshire Human Rights Commission (HUM 100, et.
seq.) on discrimination in employment, membership, accommodations, and housing.
3.1.11 The Age Discrimination Act of 1975, as amended (42 USC 6101, et. seq.) and
implementation of regulations.
3.1.12 The lead paint requirements (24 CFR 35) of The Lead-Based Paint Poisoning Prevention
Act (42 USC 4821, et. seq.).
3.1.13 TheNHStateEnergyCode(RSA155-D).
3.1.14 The NH State Life Safety Code (RSA 155:1) and rules ofthe NH State Fire Marshall.
3.1.15 Citizen Participation Requirements. The 1987 amendments to the Housing and
Community Development Act of 1974, stated in Section 508.
3.1.16 AffirmativeActionRequirements. lnfurtheranceofitscovenantGranteeshall:
a. take affirmative action to ensure that applicants are employed, and that employees are
treated during employment, without regard to their race, color, religion, creed, age, sex,
or national origin; such action shall be taken in conjunction with any of the Grantee's acts
in the capacity of an employer including, but not limited to: employment of individuals,
upgrading, demotions or transfers, recruitment or recruitment advertising; layoffs or
terminations; changes in rates of pay or other forms of compensation; selection for
training, including apprenticeship, and participation in recreational and educational
activities;
b. post in conspicuous places available to employees and applicants, employment notices,
to be provided by CDFA, setting forth the provisions of this non-discrimination clause; the
Grantee will, in all solicitations or advertisements for employees, state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, creed, age, sex or national origin;
C. keep all such information, records and reports as may be required by the rules,
regulations or orders of the Secretary of Labor and furnish or submit the same at such
times as may be required; the Grantee shall also permit CDFA, or the Secretary of Labor
or any of their designated representatives to have access to any of the Grantee's books,
records and accounts for the purpose of investigation to ascertain compliance with the
aforesaid rules, regulations and orders and covenants and conditions herein contained;
d. during the term of this Agreement, shall not discriminate among participants under this
Agreement on the basis of race, color, religion, sex, handicap or national origin. For the
purpose of this Agreement, distinctions on the grounds of the following: denying a
participant any service or benefit or availability of a facility; providing any service or
benefit to a participant which is different, or is provided in a different manner or at a
different time from that provided to other participants under this Agreement; subjecting a
participant to segregation or separate treatment in any matter related to his receipt of any
service; a a " or privilege
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
enjoyed by others receiving any service or benefit; treating a participant differently from
others in determining whether he satisfies any admission, enrollment quota, eligibility,
membership, or other requirement or condition which individuals must meet in order to be
provided any service or benefit; the assignment of times or places for the provision of
services on the basis of race, color, religion, sex, or national origin of the participants to
be served.
3.1.16 Section3oftheHousingandUrbanDevelopmentActof1968,asamendedl2LISC.l7C)lu(Section
3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by
HUD assistance, or HUD-assisted projects covered by Section 3, shall to the greatest extent feasible be
directed to low and very low-income persons, particularly persons who are recipients of HUD assistance
for housing.
a. To the greatest extent feasible, and consistent with existing Federal, state, and local laws
and regulations, recipients covered by this subpart shall ensure that employment and training
opportunities arising in connection with Section 3 projects are provided to Section 3 workers
within the metropolitan area (or nonmetropolitan county) in which the project is located.
b. Where feasible, priority For opportunities and training described in paragraph If of this section
should be given to:
i. Section 3 workers residing within the service area or the neighborhood of the project,
and
ii. Participants in YouthBuild programs.
c. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions, termination
of this contract for default, and debarment or suspension from future HUD assisted contracts.
3.1.17 Drug-Free Workplace Act of 1988 (42 USC. 701). In carrying out this Agreement, the contractor
agrees to comply with the requirements of the Drug-Free Workplace Act of 1998 (42 u.s.c. 701) and to
certify that contractor will comply with drug-free workplace requirements in accordance with the Act and
with HUD rules found at 24 CFR part 24, subpart F.
3.L18 FederalFundingAccountabilityandTransparencyAct(FFATA).
As applicable to this grant, and for all subcontracts exceeding $25,000, Grantee shall require that the
Subgrantee or Subrecipient shall comply with requirements established by the Office of Management and
Budget (OMB) concerning the Unique Entity Identifier (UEI), the Central Contractor Registration (CCR)
database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25
of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg.
55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements
for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14,
2010) (to be codified at 2 CFR part 170). For additional information on FFATA reporting and the FSRS
system, please visit the www.sam.qov website, which includes FFATA legislation, FAQs and OMB
guidance on subaward and executive compensation reporting.
3.1.19 Women- and Minority-Owned Businesses (W/MBE). If applicable to this grant, Grantee and
Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and
women's business enterprises the maximum practicable opportunity to participate in the performance of
this Agreement. As used in this Agreement, the terms "small business" means a business that meets the
criteria set forth in section 3(a) of the Small Business Act, as amended (15 u.s.c. 632), and "minority and
women's business enterprise" means a business at least fiffy-one (51) percent owned and controlled by
minority group members or women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and
American Indians. The Subrecipient may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an independent investigation.
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
3.1.20 Build America, Buy America Act (BABAA). Domestic Preference Requirements for Federal
Financial Assistance to Non-Federal Entities. Federal Financial Assistance to Non-Federal Entities,
defined pursuant to 2 CFR 200.1 as any State, local government, Indian tribe, Institution of Higher
Education, or nonprofit organization, shall be governed by the requirements of Section 709'l4 of the Build
America, Buy America Act (BABAA), under Title IX of the Infrastructure Investment and Jobs Act, Pub. L.
177-58. Any requests for waiver of these requirements must be submitted to the HUD field office in
Manchester, NH pursuant to HUD guidance with NHCDFA copied on the request. Guidance available
online at HUD.gov.
3.2 In addition, Grantee shall comply, and shall require any Subrecipient, contractor and subcontractor
to comply, with the following in accordance with the Coronavirus Aid, Relief and Economic Security Act
(CARES Act) (Pub. L. 116-136):
3.2.1 The Grantee agrees to comply with the requirements in the CARES Act that apply to CDBG-
CV grants and must use the CDBG-CV Grant Funds to prevent, prepare for and or respond to
Coronavirus.
3.2.2 The Grantee agrees to comply with the requirements of the Housing and Community
Development Act of 1974 (42 USC 5301 et seq.) and implementing regulations at 24 CFR part 570,
as now in effect and as may be amended from time to time, and as modified by the rules, waivers
and alternative requirements published by HUD from time to time. Rules, waivers and alternative
requirements of Federal Register notices applicable to CDBG-CV grants are hereby incorporated
into and made a part of the grant agreement.
3.2.3 The Grantee agrees to establish and maintain adequate procedures to prevent any
duplication of benefits as required by section:312 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 USC. 5155), as amended by section 1210 of the Disaster Recovery
Reform Act of 2018 (division D of Public Law I 15-254; 132 Stat. 3442). See Attachment II attached
hereto and made a part hereof this Agreement.
3.2.4 The Grantee shall comply with requirements established by the Office of Management and
Budget (OMB) concerning the Unique Entity Identifier (UEI); the System for Award Management
(SAM.gov); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part
25.300, Universal Identifier and General Contractor Registration.
3.2.5 The Grantee shall ensure that no CDBG-CV funds are used to support any Federal, State, or
local projects that seek to use the power of eminent domain, unless eminent domain is employed
only for a public use. For the purposes of this requirement, public use shall not be construed to
include economic development that primarily benefits private entities. Any use of funds for mass
transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve
the general public (including energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the general public or which have other
common-canier or public-utility functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an immediate threat to public
health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields
Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent
domain.
3.2.6 The Grantee or Subrecipient that directly or indirectly receives CDBG-CV funds may not sell,
trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations, but must use such funds for activities
eligible under Title I of the Act.
ere
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
SUBRECIPIENT AGREEMENTS.
4.I Grantee shall enter into a Subrecipient Agreement, which includes the Duplication of Benefits from
Attachment II, with each Subrecipient in the form attached hereto (Attachment I) and incorporated herein
by reference.
4.2 The Subrecipient Agreements shall provide for the subgranting of CDBG-CV funds for the purposes
described herein and consistent with the terms and conditions of this Agreement.
4.3 Grantee shall provide to CDFA for its review and approval the proposed Subrecipient Agreements
prior to execution. Prior to the disbursement of Grant Funds, but not more than thirty (30) days following
the Effective Date of this Agreement, Grantee shall provide to CDFA executed copies of said Subrecipient
Agreements.
4.4 Grantee shall cause all applicable provisions of this Exhibit B to be inserted in all Subrecipient
Agreements, contracts and subcontracts for any work or Project/Program Activities covered by this
Agreement so that the provisions will be binding on each Subrecipient, contractor and subcontractor;
provided, however, that the foregoing provisions shall not apply to contracts for standard commercial
supplies or raw materials. Grantee shall take such action with respect to any Subrecipient Agreement,
contract or subcontract as the State, or, where applicable, the United States, may direct as a means of
enforcing such provisions, including sanctions for noncompliance.
5. PROJECT MATCHING FUNDS: ADDITIONAL FINANCING.
The Parties agree that with respect to the CDBG-CV funds to be awarded pursuant to this Agreement there
are no match requirements in connection with this Grant.
SECURITY REQUIREMENTS.
Not Applicable to this Award.
ADDITIONAL GRANT REQUIREMENTS.
7.1 Grantee shall prepare and adopt a written Code of Ethics governing the performance of its
employees engaged in the procurement of supplies, equipment, construction and services consistent with
the requirements of 24 CFR 85.36(b%3). The Code of Ethics shall be prepared in the form shown in the
CDBG Implementation Guide, and shall be formally adopted prior to requesting Grant Funds. The Grantee
shall also comply with the conflict of interest policy consistent with the requirements of 24 CFR 570.489(h)
and approved by CDFA.
7.2 Grantee shall prepare and adopt a financial management plan, approved by CDFA, which
describes Grantee's system for receiving and expending the Grant Funds, including the internal controls,
which shall ensure compliance with Section 8 of this Agreement. The plan shall be formally adopted prior to
requesting Grant Funds.
7.3 Grantee shall submit to CDFA all required documentation of low- and moderate-income benefit in
accordance with the reporting requirements of the Subrecipient Agreement. The information shall be
provided on the Periodic Progress Report, as found in the CDBG Implementation Guide. All reporting,
including additional documentation and reporting requirements from said Subrecipient Agreements, shall be
submitted via CDFA's Grants Management System (GMS).
7.4 Grantee shall require Subrecipient to maintain adequate administrative mechanisms in place to
assure compliance with the requirements of 7.3.
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
7.5 In the event Grantee fails to enforce the provisions of the Subrecipient Agreements or fails to cure
any event of default under the Subrecipient Agreements, Grantee shall, upon demand by CDFA, assign and
convey all or part of its rights, title and interest, or delegate all or any of its obligations under the
Subrecipient Agreements, to CDFA.
Such assignment or delegation is to be effective only in the event of default in the Subrecipient's obligations
to Grantee under the terms and conditions of the Subrecipient Agreements.
7.6 CDFA shall have the right to terminate all or part of its obligations under this Agreement in the
event that any official, employee, architect, engineer, attorney or inspector of, or for, Grantee, or any
government official or representative, becomes directly or indirectly interested financially in the acquisition
of any materials or equipment, or in any construction of the Project, or in the furnishing of any service to, or
in connection with, the Project, or any benefit arising therefrom.
7.7 Where the Grant Agreement is terminated or the Project is otherwise terminated due to a default,
inability to perform or reason other than project completion and Grant Funds are to be returned by Grantee,
the disposition of Grant Funds to be returned shall be determined solely by CDFA.
7.8 Excessive Force by Law Enforcement Agencies. Grantee certifies that it has adopted and enforces
a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against
any individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public
Law 101-144.
7.9 Political Activity Prohibited - Hatch Act. Neither the Community Development funds provided under
this Agreement, nor administration of this Program shall be in any way or to any extent engaged in the
conduct of political activities in contravention of Chapter 4 5 of Title 5, United States Code.
7.10 Lobbying. Granteecertifiesthat:
7.10.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperative agreement.
7.10.2 If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard form - LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
7.10.3 Theundersignedshallrequirethatthelanguageofthiscertificationbeincludedinthe
award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and
disclose accordingly.
7.11 Certification of Non-segregated Facilities as required by the May 9, 1967, Order (32 FR 7439, May
19, 1967) on Elimination of Segregated Facilities, by the Secretary of Labor. Prior to the award of any
construction contract or subcontract exceeding $1 o,ooo, Grantee shall require the prospective prime
contractor and each prime contractor shall require each subcontractor to submit the following certifications:
7.11.1 By the submission of this bid, the bidder, offeror, applicant or subcontractor certifies that it
does not maintain or provide for its employees any segregated facilities at any of its establishments, and
Manchester.FlT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
that it does not permit its employees to perform their services at any location under the control of such
bidder, offeror, applicant or subcontractor where segregated facilities are maintained.
7.11.2 The bidder, offer or, applicant, or subcontractor agrees that a breach of this certification is a
violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated
facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating
areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains,
recreation or entertainment areas, transportation, and housing facilities provided for employees which are
segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin,
because of habit, local custom, or otherwise. The bidder, offer or, applicant, or subcontractor further agrees
that (except where it has obtained identical certifications from proposed subcontractors for specific time
periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts
exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause; that it will
retain such certifications in its files; and that it will forward the following notice to such proposed
subcontractors (except where the proposed subcontractors have submitted identical certifications for
specific time periods):
NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF
NONSEGREGATED FACILITIES
NOTE: The penalty for making false statements in offers is prescribed in 18 USC 1001.
7.'12 IntheeventGranteefailstoenforcetheprovisionsoftheSubrecipientAgreementsorfailstocure
an Event of a Default under the Subrecipient Agreements, Grantee shall, upon demand by CDFA, assign
and convey all or any part of its rights, title and interest or delegate all or any of its obligations under the
Subrecipient Agreements to CDFA, such assignment or delegation to be effective only in the event of a
default in Subrecipient's obligation to Grantee under the terms of the Subrecipient Agreements. In such
event, Grantee agrees to pay and shall pay all reasonable costs and expenses incurred by CDFA in the
enforcement of the Subrecipient obligations or in curing any Event of Default thereunder.
GRANTEE FINANCIAL MANAGEMENT SYSTEM.
8.I Except where inconsistent with federal requirements, state procedures and practices will apply to
funds disbursed by CDFA, and local procedures and practices will apply to funds disbursed by units of local
government.
8.2 Cash Advances: Cash advances to Grantee shall be approved only to the extent necessary to
satisfy the actual, immediate cash requirements of Grantee in carrying out the purpose of the approved
program or project. The timing and amount of cash advances shall be as close as is administratively
feasible to the actual disbursements by Grantee for direct program costs and the proportionate share of any
allowable indirect costs. Cash advances made by Grantee to Subrecipient shall conform to the same
standards of timing and amount as apply to advances to Grantee including the furnishing of reports of cash
disbursements and balances.
8.3 Fiscal Control: Grantee must establish fiscal control and fund accounting procedures which
assure proper disbursement of, and accounting for, Grant Funds and any required non-federal
expenditures. This responsibility applies to funds disbursed by Subrecipient and contractors as well as to
funds disbursed in direct operations of Grantee. Grantee shall be required to maintain a financial
management system which complies with 2 CFR 200.302 or such equivalent system as CDFA may require.
Requests for payment shall be made according to CDFA's CDBG Implementation Guide.
PROCUREMENT.
Grantee and any Subrecipient procurement procedures shall be in accordance with and local
al ere
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
procurement practices and regulations, provided that procurements made with Grant Funds adhere, at a
minimum, to the standards set forth in 2 CFR Part 200.318-326. Grantee shall not use debarred,
suspended or ineligible contractors or Subrecipient's as provided in 24 CFR 570.489 (l).
The Grantee shall comply with 24 CFR 200.313 concerning the purchase of equipment and shall maintain
inventory records of all non-expendable personal property as defined by such policy as may be procured
with funds provided herein.
10. REPORTSANDCLOSEOuT.
10.1 PeriodicProgressReportswhichidentifythestatusofGrantActivitiesperformed,theoutlookfor
completion of the remaining Grant Activities prior to the Completion Date, and the changes, if any which
need to be made in the Project or Grant Activities, shall be submitted with each claim and by the 1 5th of the
month in January and July via CDFA's Grants Management System (GMS).
10.2 Financial Reports, including a statement detailing all Grant or Project Costs (as hereinafter
defined) which have been incurred since the prior request for reimbursement, shall be submitted with each
request for reimbursement and with the Closeout Report. Financial Reports shall be submitted on forms
provided by CDFA.
10.3 Within ninety (90) days after the Completion Date, a Closeout Report shall be submitted which
summarizes the results of the Grant Activities, showing in particular how the Grant Activities have been
performed. The Closeout Report shall be in the form required or specified by CDFA.
10.4 The Audited Financial Reports shall be prepared in accordance with the regulations which
implement OMB 2 CFR Part 200. A copy of the Audited Financial Report shall be submitted within ninety
(90) days of the completion of said report to CDFA.
10.5 WheretheGranteeisnotsubjecttotherequirementsofOMB2CFRPart200,oneofthe
following options will be chosen by CDFA:
10.5.1 Withinninety(90)daysaftertheCompletionorTerminationDateacopyofanaudited
financial report shall be submitted to CDFA. Said audit shall be conducted utilizing the guidelines
set forth in "Standards for Audit of Governmental Organizations, Programs, Activities, and
Functions" by the Comptroller General of the United States.
10.5.2 CDFAwillconductafinancialReview-in-LieuofAuditwithinninety(90)daysafterthe
Completion Date of the Project.
'I O.6 Where the length of the grant period exceeds twenty-four (24) months, there shall be an interim
audit performed and submitted.
10.7 SeveralperformancemeasuresandgoalsreportingwillberequiredfromtheGranteeviathe
Subrecipients as outlined in the attached Subrecipient Agreements for all Subrecipient organizations.
11. RECORDSANDACCOuNTS:ACCESS.
11.1 DuringtheperFormanceoftheProjectActivitiesandforaperiodofthree(3)yearsafterthe
Completion Date or the date of the final audit approval by CDFA, whichever is later, the Grantee shall keep,
and shall require any Subrecipient to keep, the following records and accounts:
11.1.1 Records of Direct Work: Detailed records of all direct work performed by its personnel
under this Agreement.
11.1.2 Fiscal Records: Books, records, documents and other statistical data evidencing, and
permitting a determination to be made by CDFA of all Project Costs and other expenses incurred
ere
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
by the Grantee and all income received or collected by the Grantee, during the performance of
the Project Activities. The said records shall be maintained in accordance with accounting
procedures and practices acceptable to CDFA, and which sufficiently and properly reflect all such
costs and expenses, and shall include, without limitation, all ledgers, books, audits, records and
original evidence of costs such as purchase requisitions and orders, invoices, vouchers, bills,
requisitions for materials, inventories, valuations of in-kind contributions, labor time cards,
payrolls and other records requested or required by CDFA.
11.1.3 ContractorandSubcontractorRecords: TheGranteeshall,andwhereapplicable,
Subrecipient shall, establish, maintain and preserve, and require each of its contractors and
subcontractors to establish, maintain and preserve property management, project performance
financial management and reporting documents and systems, and such other books, records,
and other data pertinent to the project as the CDFA may require. Such records shall be retained
for a period of three (3) years following completion of the project and receipt of final payment by
the Grantee, or until an audit is completed and all questions arising therefrom are resolved,
whichever is later.
TERMINATION: REMEDIES.
12.1 Inability to Perform; Termination by Grantee. As a result of causes beyond its control, and
notwithstanding the exercise of good faith and diligence in the performance of its obligations hereunder, if
it shall become necessary for Grantee to terminate this Agreement, Grantee shall give CDFA fiffeen (15)
days advance written notice of such termination, in which event the Agreement shall terminate at the
expiration of said fifteen (15) days.
12.2 Termination Without Default. In the event of termination without default and upon receipt,
acceptance and approval by CDFA of the Termination Report, as referenced in the General Provisions,
Grantee shall receive payment for all Project Costs incurred in the performance of Grant Activities
completed up to and including the date of termination and for which payment had not previously been
made including, but not limited to, all reasonable expenses incurred in the preparation of the Termination
Report provided, however, that in the event that any payments have been made hereunder in excess of
Project Costs incurred up to and including the date of termination of the Agreement, CDFA shall offset
any payments to be made hereunder against such payments, and if applicable, Grantee shall refund to
CDFA the amount of any excess funds it retains after such offset.
12.3 Termination for Default. In the event of termination for default or other violation of Program
requirements, CDFA shall, upon receipt, acceptance and approval of the Termination Report submitted
by Grantee, pay Grantee for Project Costs incurred up to and including the date of termination (subject to
off-set against funds paid to Grantee hereunder and to the refund of any excess funds); provided,
however, that in such event the amount of such payment shall be determined solely by CDFA; and
provided, further, that in no event shall the making of any such payments relieve Grantee of any liability
for damages sustained or incurred by CDFA as a result of Grantee's breach of its obligations hereunder,
or relieve Grantee of responsibility to seek return of Grant Funds from any Subrecipient or Beneficiary
where applicable.
12.4 Limitation on Grantee Liability for Subqranted Funds. Notwithstanding anything in this Agreement
to the contrary and absent the presence of fraud or negligence on the part of Grantee in enforcing its
rights and obligations under the terms of any Subrecipient Agreement, the sole obligation of Grantee with
respect to the return of Grant Funds, in the event of default on a grant condition or other termination of
the Project or event requiring return of Grant Funds, shall be to make a good faith effort to return to the
State of New Hampshire all Grant Funds paid to Subrecipient through Grantee. Grantee shall make good
faith efforts to enforce the legal obligations entered into with the Subrecipient as provided herein, to call
upon the collateral held by itself or others, and exercise due diligence in its efforts in bringing about the
satisfaction of the grant obligations and, having done so, it shall not be required to look to any other funds
or its tax base to recoup Grant Funds not recovered from the Subrecipient.
ere
Manchester.FIT - CDBG-CV Public Services - Grant No. 26-728-CDPS-CV
Exhibit B - Grant Activities for Nonprofits
12.5 Assiqnment to CDFA and Payment of Expenses and Costs. Grantee hereby agrees that, in the
event it fails to enforce the provisions of any Subrecipient Agreement or fails to cure an Event of Default
resulting in termination of this Agreement or the Project, Grantee shall, upon demand by CDFA, assign
and convey to CDFA all or any of its rights, title and interest, or delegate to CDFA all or any of its
obligations under the Subrecipient Agreement and any Mortgage, Promissory Note, Security Agreement
or other agreement as applicable. Such delegation or assignment shall be effective only in the event of a
default by Subrecipient or Beneficiary in its or their obligations under the Subrecipient Agreement or other
agreement. In the event that CDFA assumes any of the obligations of Grantee as provided herein,
Grantee shall pay all costs and expenses incurred by CDFA in the enforcement of the Subrecipient
Agreement, collection upon any loan, mortgage or other security, or in curing any Event of Default.
PUBLICITY AND SIGNAGE.
13.1 Public Relations. The Grantee shall grant CDFA the right to use the Grantee's name, likeness,
and logo in any public relations or publicity efforts. This shall include, but not be limited to, press
releases, media interviews, website, publications, brochures, etc. CDFA's publicity efforts may also
include details about Grantee's project, contract, or other publicly available information.
13.2 Reciprocal Publicity. The Grantee also shall acknowledge CDFA appropriately in all
organizational and public forums as to the support, financial and otherwise, that has been provided to the
project. This recognition shall include, but not be limited to, print/electronic media, publications,
interviews, brochures, website, etc.
I a al Here
Manchester.FIT - CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment II- Duplication of Benefits
ATT ACHMENT II
DUPLICATION OF BENEFITS
In consideration of Subrecipient's receipt of CDBG-CV funds administered by Grantee, Subrecipient shall assign
to Grantee all of Subrecipient's future rights to reimbursement and all payments received from any grant,
subsidized loan, or insurance policies of any type or coverage or under any reimbursement or relief program
related to or administered through the Coronavirus Aid, Relief and Economic Security Act (CARES Act) that was
the basis of the calculation of CDBG-CV Grant to the extent of Grant paid or to be paid to Subrecipient under the
CDBG-CV Program and that are determined in the sole discretion of CDFA to be a duplication of benefits ("DOB")
as provided in the Grant Agreement.
The payments referred to in the preceding paragraph, whether they are from insurance, the Coronavirus Relief
Fund or any other source, and whether or not such amounts are a DOB, shall be referred to herein as
"Assistance," and any Assistance that are a DOB shall be referred to herein as "DOB Assistance." Upon
receiving any Assistance not listed on the Duplication of Benefits Worksheet, Subrecipient agrees to immediately
notify the Grantee who will notify CDFA of such additional amounts, and CDFA will determine in its sole discretion
if such additional amounts constitute a DOB. If some or all of the Assistance are determined to be a DOB, the
portion that is a DOB shall be paid to the Grantee, to be returned to CDFA as provided in the Grant Agreement.
If requested by the Grantee, Subrecipient agrees to execute such further and additional documents and
instruments as may be requested to further and better assign to the Grantee, to the extent of the Grant paid to
Subrecipient under the Program, the Policies, any amounts received under the CARES Act that are DOB
Assistance and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be
done, all things requested by the Grantee to consummate and make effective the purposes of the Grant
Agreement.
Subrecipient explicitly allows the Grantee to request of private insurance; the Federal Emergency Management
Agency (FEMA) Disaster Relief Fund; and/or grants; local and state Funds; other federal programs; and private
and nonprofit organizations from which Subrecipient has applied for or is receiving Assistance, any non-public or
confidential information determined to be reasonably necessary by the Grantee to monitor/enforce its interest in
the rights assigned to it under the Grant Agreement and give Subrecipient's consent to such company to release
said information to the Grantee.
If Subrecipient hereafter receives any DOB Assistance, Subrecipient agrees to promptly pay such amounts to the
Grantee, if Subrecipient received assistance under the Program in an amount greater than the amount
Subrecipient would have received if such DOB Assistance had been considered in the calculation of
Subrecipient's award.
In the event that the Subrecipient receives or is scheduled to receive any Assistance not listed on its Duplication
of Benefits Worksheet ("Subsequent Assistance"), Subrecipient shall pay such Subsequent Assistance directly to
the Grantee, and CDFA will determine the amount, if any, of such Subsequent Assistance that are DOB
Assistance ("Subsequent DOB Assistance"). Subsequent Assistance in excess of Subsequent DOB Assistance
shall be returned to the Subrecipient. Subsequent DOB Assistance shall be disbursed as follows:
1. If the Subrecipient has received full payment of the Grant, any Subsequent DOB Assistance shall be
retained by the Grantee and remitted to CDFA.
Manchester. FIT - CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment II- Duplication of Benefits
2. If the Subrecipient has received no payment of the Grant, any Subsequent DOB Assistance shall be used
by the Grantee to reduce payments of the Grant to the Subrecipient, and all Subsequent DOB Assistance
shall be returned to the Subrecipient.
3. If the Subrecipient has received a portion of the Grant, any Subsequent DOB Assistance shall be used,
retained and/or disbursed in the following order: (A) Subsequent DOB Assistance shall first be used to
reduce the remaining payments of the Grant, and Subsequent DOB Assistance in such amount shall be
returned to the Subrecipient; and (B) any remaining Subsequent DOB Assistance shall be retained by the
Grantee and remitted to CDFA.
4. If the Grantee makes the determination that the Subrecipient does not qualify to participate in the Program
or the Subrecipient determines not to participate in the Program, the Subsequent DOB Assistance shall be
returned to the Subrecipient, and this Agreement shall terminate.
Once the Grantee has recovered an amount equal to the Grant paid to Subrecipient, the Grantee will reassign to
Subrecipient any rights assigned to the Grantee pursuant to the Grant Agreement.
Subrecipient represents that all statements and representations made by Subrecipient regarding Assistance
received by Subrecipient shall be true and correct as of the date of Grant Closing and through the required
reporting period.
Manchester.FIT: CDBG-CV Public Services - Grant No. 26-728-CVPS-CV
Exhibit C - Nonprofit Subrecipient
EXHIBIT C
PROJECT/PROGRAM ACTMTY COSTS; METHOD AND TERMS OF PAYMENT
PROJECT COSTS: PAYMENT SCHEDULE: REVIEW BY CDF A.
1.1 Project Costs: As used in this Agreement, the term "Project Costs" shall mean all
reimbursable costs incurred in performance of the Grant activities. "Administrative Project Costs"
shall mean all expenses directly or indirectly incurred by Grantee in the performance of the
Project Activities, as determined by CDFA to be eligible and allowable for payment in accordance
with allowable administrative project cost standards set forth in OMB 2 CFR 200 as revised from
time to time, and with the rules, regulations and guidelines established by CDFA. Administrative
project costs include but are not limited to: record keeping, reporting, audits and compliance with
all federal, state and local laws, rules and regulations and this contract. In no event shall
Administrative Project Costs exceed fifteen (15) percent of the total Grant funds allowed. With
respect to a nonprofit subrecipient, such subrecipient shall meet the requirements of OMB 2 CFR
200.
1.2 Delivery Costs: If applicable, the term "Delivery Costs" shall mean all reimbursable costs
incurred by a Subrecipient, that are directly related to the preparation and execution of loan
documents and to the monitoring and administration of the loan provisions, and which are
allowable by the New Hampshire Community Development Block Grant program guidance.
1.3 Payment of Project Costs: Subject to the terms and conditions of this Agreement, CDFA
agrees to pay Grantee all Project Costs, provided, however, that in no event shall the total of all
payments made by CDFA pursuant to this Agreement exceed the Grant Amount as set out in
Paragraph 1.8 of the General Provisions, and provided further that all Project Costs shall have
been incurred prior to the Completion Date, except for reasonable approved Project Costs
incurred within 90 days after the Completion Date and in connection with closeout requirements
as provided in CDFA New Hampshire Community Development Block Grant program guidance.
1.4 Review by CDFA; Disallowance of Costs: At any time during the performance or the
Project Activities, and upon receipt of the Progress Reports, Closeout Report or Audited Financial
Report, CDFA may review all Project Costs incurred by Grantee or any Subrecipient and all
payments made to date. upon such review, CDFA shall disallow any items of expense which are
not determined to be allowable or are determined to be in excess of actual expenditures, and
shall, by written notice specifying the disallowed expenditures, inform Grantee of any such
disallowance. If CDFA disallows costs for which payment has not yet been made, it shall refuse
to pay such costs. If payment has been made with respect to costs which are subsequently
disallowed, CDFA may deduct the amount of disallowed costs from any future payments under
this Agreement or require that Grantee refund to CDFA the amount of the disallowed costs.
METHOD AND TERMS OF REIMBURSEMENT FOR PROJECT COSTS.
2.1 CDFA shall not disburse any funds for the purposes of this Project until such time as all
agreements specified in Exhibit B and any other agreements or documents specified pursuant to
this Agreement are fully executed and received, and where applicable, are reviewed and
approved in writing by CDFA. Agreements and documents may include:
2.1.1 A Subrecipient Agreement, as applicable;
2.1.2 There are no matched funds required under this Agreement;
ere
Manchester.FIT: CDBG-CV Public Services - Grant No. 26-728-CVPS-CV
Exhibit C - Nonprofit Subrecipient
2.1.3 Copies of required certificates of insurance from all parties to this Agreement;
2.1.4 Certified payrolls documenting employment and positions in all u.s. operations
and facilities, (a) no earlier than the date of application, as approved by CDFA, or (b) the
date of Governor and Council approval;
2.1.5 Any lease and loan documents, mortgages, liens, security instruments, municipal
bonds, and similar agreements used in connection with the enforcement of beneficiary
requirements, as well as any other related documents as requested by CDFA.
2.2 Timinq of Payments. Upon thirty (30) days of the receipt, review, and approval by CDFA
of financial reports and requests for reimbursement from Grantee specifying all Project Costs
incurred, CDFA agrees to reimburse Grantee for Project Costs, except that reimbursement may
be withheld until CDFA determines that a particular Project Activity or portion of the Project
Activity hereunder has been satisfactorily completed.
2.3 Disbursement of funds by CDFA does not constitute acceptance of any item as an
eligible Project Cost until all Project Costs have been audited and determined to be allowable
costs.
REQUIRED DOCUMENTATION FOR DISBURSEMENT OF GRANT FUNDS.
3.1 Reimbursement requests for all Project Costs, including Administrative Project Costs,
Delivery Costs and Subrecipient costs, shall be accompanied by proper supporting
documentation in the amount of each requested disbursement along with a payment request form
as supplied by CDFA, which shall be completed and signed by Grantee. Documentation may
include invoices and receipts for supplies, equipment, services, contractual services and, where
applicable, a report of salaries paid or to be paid.
LIMITATIONS ON USE OF FUNDS.
4.1 Grant funds are to be used in a manner consistent with the State of New Hampshire
Community Development Block Grant Program as approved by the u.s. Department of Housing
and Urban Development.
4.2 Grant funds are to be used only in accordance with procedures, requirements and
principles specified in 2 CFR 200.
4.3 Grant funds may not, without advance written approval by CDFA, be obligated prior to the
Effective Date or subsequent to the Completion Date of the grant period. Obligations outstanding
as of the Completion Date shall be liquidated within ninety (90) days. Such obligations must be
related to goods or services provided during the grant period, except that reasonable costs
associated solely with grant closeout, (e.g., audits, final reports) may be incurred within ninety
(90) days after the Completion Date. The funding assistance authorized hereunder shall not be
obligated or utilized for any activities requiring a release of funds under the Environmental Review
Procedure for the Community Development Block Grant Program at 24 CFR Part 58, until such
release is issued in writing by CDFA.
4.4 Granteemaysubmitawrittenrequestfortheauthoritytotransferuptoten(10)percent
of the full value of the grant from one approved activity to another listed in Exhibit B herein or
from an approved activity within the approved project area to an approved activity located outside
the project area and the Director of CDFA may approve the requested transfer.
ere
Manchester.FIT: CDBG-CV Public Services - Grant No. 26-728-CVPS-CV
Exhibit C - Nonprofit Subrecipient
4.5 Transfers over ten (10) percent of the full value of the Grant from one approved activity to
other approved activities or outside the target area, or the addition of one or more new activities
requires an amendment to this Grant Agreement. Grantee shall hold a public hearing in
accordance with RSA 4: C: 1411 (b) submitting a request for an amendment involving twenty-five
(25) percent or more of the full value of the Grant.
4.6 Up to $10,000 of Grant Funds may be applied by the Grantee for Administrative Costs in
carrying out the requirements of this Agreement.
4.6 Up to $245,000 of Grant Funds may be applied by the Grantee for the purpose of
peformance of the services outlined in the table referenced in Exhibit B.
4.7 Up to $245,000 of Grant Funds may be subgranted to Subrecipients for the purpose of
performance of the services outlined in the table referenced in Exhibit B.
PERFORMANCE OF SERVICES BY GRANTEE PRIOR TO EFFECTIVE DATE: PAYMENT BY
CDFA.
Any Grant Activities performed by Grantee with non-CDBG funds prior to the Effective Date shall
be performed at the sole risk of Grantee, and in the event that this Agreement shall not become
effective, CDFA shall be under no obligation to pay Grantee for any costs incurred in connection
with any Grant Activities, or to otherwise pay for any Activities performed during such period.
PROGRAM INCOME.
6.1 Any program income, defined as gross income directly generated from the use of
CDBG-CV funds, shall be retained by the Subrecipient while this Agreement is active. This
income must be expended before any transfer of funds can be made from the CDBG-CV
program. All conditions for funding the Subrecipient shall apply to the expenditures of these
funds. Any program income on hand when the Agreement expires or received after the
Agreement expires shall be paid to CDFA.
7. DISPOSITION.
7.1 When original or replacement equipment acquired under this Agreement is no longer
needed for the original project or program or for other activities currently or previously supported
by CDFA, the Subrecipient must request disposition instructions from CDFA.
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment I- Subrecipient Agreement Nonprofit
ATT ACHMENTI
SUBRECIPIENT AGREEMENT
MINIMUM TERMS AND CONDITIONS
The City of Manchester ("Grantee") hereby warrants and agrees that the Subrecipient Agreement with the
Families in Transition, Inc. (FIT) ("Subrecipienf') to be executed in conformance with the requirements of
Exhibit B of the Grant Agreement shall be subject to approval by CDFA. The Subrecipient Agreement shall
incorporate the entire Grant Agreement and shall include it as an attachment, and shall contain at a
minimum the following terms and conditions:
RECIT ALS
A. This Subrecipient Agreement sets forth the responsibilities of the Grantee and
Subrecipient in accomplishing the objectives of the United States Government for the CARES Act
allocation to the Grantee and or the u.s. Department of Housing and Urban Development (HUD)
Community Development Block Grant Program, as set forth in the Housing and Community
Development Act of 1974, as amended, (42 USC. 5301 et seq.), hereinafter referred to as CDBG.
B. The Grantee is subgranting funds to the Subrecipient to be used to meet the CDBG
Program's National Objective to principally benefit persons of low- to moderate-income, which is
defined as 80 percent or less of the area's median income, by addressing the CDBG Program
goals of providing residents with decent housing, a suitable living environment and expanding
economic opportunities and the CDBG-CV goals of preventing, addressing or responding to
COVID-19..
C. Based on information provided by the Subrecipient and other local and regional public
service agencies/organizations, the Grantee has determined that there will be no duplication of
benefits provided to the same eligible beneficiaries of this activity during the same period of
performance. See Attachment II attached hereto and made a part hereof this Agreement.
In consideration of the mutual promises and covenants contained herein, the parties hereto agree as
follows:
1. REPRESENTATION AND WARRANTIES.
Subrecipient represents and warrants to Grantee as follows:
1.1 Subrecipient is a duly organized and validly existing New Hampshire nonprofit corporation
in good standing under the laws of this State. Subrecipient has the power and authority to accept the
subgrant from Grantee and to perform the activities required by this Subrecipient Agreement.
Subrecipient has the power and authority to own its properties, to conduct business as it is now being
conducted, to execute and deliver and perform its obligations under the Subrecipient Agreement and all
other documents as applicable to this Subrecipient Agreement.
1.2 The Subrecipient Agreement is the legal, valid and binding obligation of Subrecipient
enforceable against Subrecipient, in accordance with its terms and conditions.
1.3 Subrecipient has complied and will comply in all material respects with all applicable
federal, state and local laws, statutes, rules and regulations pertaining to the receipt of the subgranted
funds from Grantee and performance of the activities required to be hereunder.
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment I- Subrecipient Agreement Nonprofit
1.4 No application, exhibit, schedule, report or other written information provided by
Subrecipient or its agents knowingly contained, when made, any material misstatement of fact or
knowingly omitted to state any material fact necessary to make the statements contained therein not
misleading, in light of the circumstances under which they were made.
2. PROJECT PURPOSE, DESCRIPTION AND SUBRECIPIENT ACTMTIES.
2.1 This project shall consist of the awarding of $500,000 in Community Development Block
Grant Coronavirus (CDBG-CV) funds to the City of Manchester (the "Grant Funds"), of which a total
of $245,000 will remain with the City and $245,000 is to be subgranted, for homeless programs. All
funds must be used by the Grantee and Subrecipient to provide public services activities to prevent,
prepare for, and respond to Coronavirus in accordance with the CARES Act allocation to the
Grantee and of the u.s. Department of Housing and Urban Development (HUD) Community
Development Block Grant Program, as set forth in the Housing and Community Development Act of
1974, as amended, (42 USC. 5301 et seq.), hereinafter referred to as CDBG.
2.2 Benefit to Low- and Moderate-Income Persons.
The general purpose of the project is to principally benefit Low- and Moderate-Income Persons as
that term is defined in the Grant Agreement: "those Persons whose income falls at or below the "low
income" level as referenced in 24 CFR 570.483 as determined by the U. S. Department of Housing and
Urban Development (HUD) for the State of New Hampshire". The most current HUD Income Limits may
be found at CDFA's website at www.nhcdfa.orq.
Consistent with the National Objectives of the Community Development Block Grant Program
under Title I of the Housing and Community Development Act of 1974, as amended, the Parties agree
that one hundred percent (1 00%) of the 1008 persons served shall be of low- and moderate-income as
that term is defined in 24 CFR 570.483.
3. SUBRECIPIENT REQUIREMENTS.
3.1 Compliance with Laws. Subrecipient shall comply with all applicable federal, state, and
local laws, statutes, executive orders and rules as they relate to the application, acceptance and use of
funds for this project, including, but not limited to, the requirements as specified in the Grant Agreement.
3.2 Disbursement of Grant Funds. Upon compliance with, and subject to the provisions of
this Subrecipient Agreement and provided there shall exist no Event of Default under this Subrecipient
Agreement, the Grant Agreement or any other agreements, in connection with the Project, and no
condition or event which, with the giving of notice or lapse of time would constitute such an Event of
Default, the Grantee shall, upon submittal of written requests for payment accompanied by invoices and
other documentation or supporting documents as required by the Grantee, make disbursements of grant
funds. Such disbursement of funds by the Grantee does not constitute acceptance by the Grantee or
CDFA of any item as an eligible Project cost until all Project costs have been audited and determined to
be allowable costs. upon the expiration of the Grant Agreement, or other termination of the Project,
Subrecipient shall transfer to the Grantee any subgranted funds on hand at the time of expiration and any
accounts receivable attributable to the use of CDBG funds.
4. REPORTING REQUIREMENTS: ANNUAL, SEMI-ANNUAL AND CLOSEOuT AGREEMENTS.
4.1 SemiAnnualreportsshallbesubmittedtotheGranteenolaterthanJuly10,forthe
period of January I through June 30 and no later than January 10, for the period of July 1 through
December 31 of each year. Grantee shall submit these reports to CDFA by July 15 and January 15. The
reporting period shall begin on the date of Governor and Council approval and end on the Completion
Date specified in the Grant Agreement between the Grantee and CDFA.
In
Manchester.FlT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment l- Subrecipient Agreement Nonprofit
4.2 Subrecipient Reporting to Grantee. The Subrecipient shall submit qualifying beneficiary
information to the Grantee and CDFA as set forth in Section 6.
4.3 Closeout Agreement. Subrecipient shall enter into a Closeout Agreement with the
Grantee and CDFA, which shall specify the reporting and other requirements applicable to the closing out
of this Project.
4.4 Annual Subrecipient Financial Reporting. Subrecipient shall submit to the Grantee and to
CDFA its annual audited financial statements, within 90 days of its fiscal year end.
4.6 All Reporting shall be submitted via CDFA's Grants Management System (GMS).
5. GRANT OF FUNDS/MATCHING FUNDS.
Subrecipient shall use the Grant funds subgranted to it solely for the purposes described herein
and consistent with the required terms and conditions of the Grant Agreement and Subrecipient
Agreement.
There is no match requirement in connection with this Agreement.
6. SCHEDULE AND GRANT COMPLETION.
6.1 Implementation Schedule. The Grantee and Subrecipient have agreed to an
Implementation Schedule, which will provide for the completion of all grant activities, prior to the Grant
Completion Date. A schedule of major milestones shall be provided within the Subrecipient Agreement,
and shall serve as a basis for enforcement of the Agreement.
6.2 Grant Completion Date. All work shall be completed prior to the Grant Completion Date
as outlined in Section 1.7 of the General Provisions. All employment commitments shall be accomplished
by that date. This date may be extended only with the permission of the Grantee, CDFA, and the
Governor and Council.
6.3 Project Delays. Should the Project encounter delays relating to financing, construction or
other events that may affect the Subrecipient's ability to serve the number of beneficiaries identified in
Section 2 within the specified Grant Completion Date, the Subrecipient and Grantee shall submit a written
request for a time extension to CDFA, describing the reason for delay. Grant completion time extension
requests shall then be forwarded to Governor and Council for final approval.
7. INSURANCE AND TAXES.
7.I Subrecipient's Liability Insurance. Subrecipient shall, at its sole expense, obtain and
maintain in force insurance in such amounts and covering such risks as are customary for entities
engaged in the same or similar business to include, where applicable, comprehensive general liability
covering any property development/construction activities and landlord insurance and workers'
compensation insurance. At a minimum, this shall include insurance against all claims of bodily injury or
property damage, in amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate and
as further set forth in the General Provisions.
All policies shall name the Grantee and CDFA as additional insureds. Subrecipient shall provide
the Grantee with certificates of insurance satisfactory to the Grantee, which evidences compliance with
this Section.
7.2 Insurance Standards. The policies described in this section shall be the standard form
employed in the State of New Hampshire, issued by underwriters acceptable to the State, and authorized
to do business in the State of New Hampshire. All policies shall be "occurrence" basis. Each policy
In" I Here
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Atkachment I- Subrecipient Agreement Nonprofit
shall contain a clause prohibiting cancellation or modification of the policy earlier than thirty (30) days affer
written notice thereof has been received by the Grantee and CDFA.
7.3 Taxes. If applicable, Subrecipient shall pay all taxes, assessments, charges, fines and
impositions attributable to the Property, which is the responsibility of the Subrecipient. Any alternative
arrangements will require the approval of CDFA, whose consideration will not be unreasonably withheld.
8. ACCOUNTING, AUDIT, AND RECORD KEEPING REQUIREMENTS.
8.1 Accounting Records. Subrecipient shall keep all Project-related accounts and records,
which fully disclose the amount and disposition by Subrecipient of the grant funds, the total cost of the
Project, and the amount and nature of any portion of the Project cost supplied by other sources, and such
other financial records pertinent to the Project. Accounts and records shall be kept in accordance with an
accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984.
Records to be maintained shall include Project fiscal records consisting of all books, documents, ledgers,
systems and expenses incurred, including, but not limited to, purchase, requisitions, orders, invoices,
vouchers, bills and receipts, inventories, and all lien documents.
8.2 Time Period. All of the records, documents, and data described above and all income
verification information shall be kept during the performance of the project, and for three (3) years afier its
completion or until the satisfactory completion of an audit, whichever is later.
8.3 Availability of Records. Subrecipient shall make available to the Grantee, CDFA, and
HUD or any of their duly authorized representatives, for the purpose of audit and examination, any books,
documents, papers, and records of Subrecipient pertinent to this Agreement.
9. INDEMNIFICATION.
Subrecipient shall defend, indemnify and hold harmless the Grantee, the State of New
Hampshire, and CDFA, their officers and employees, from and agairist any and all losses suffered by the
Grantee, the State, or CDFA, their officers or employees, and any and all claims, liabilities or penalties
asserted against the Grantee, the State or CDFA, their officers and employees, by or on behalf of any
person, on account of, based on, resulting from, arising out of or claimed to Subrecipient out of the acts or
omissions or Subrecipient.
Notwithstanding the Foregoing, nothing herein contained shall be deemed to constitute a waiver of
the sovereign immunity of the State or the Grantee, which immunity is hereby reserved to the State and
the Grantee. This covenant shall survive the termination or expiration of this Agreement.
10. MAINTENANCE OF CORPORATE EXISTENCE.
10.1 Corporate Existence. Subrecipient shall both preserve and maintain the legal existence
and good standing of its nonprofit corporation status and its registration in New Hampshire as required to
do business.
10.2 Scope of Mission. Subrecipient and Grantee agree that the Subrecipient's Articles of
Incorporation and corporate Bylaws ("Bylaws") as submitted with the Project application and incorporated
herein by reference, provide an adequate administrative mechanism for assuring the Subrecipient's
mission of serving low- and moderate-income persons, during the Grant Period, as required pursuant to
this Agreement.
11. MAINTENANCE OF EQUIPMENT.
Ina a Here
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment I- Subrecipient Agreement Nonprofit
Subrecipient shall maintain, keep and preserve in good working order and condition all of its
equipment and assets necessary or useful in the proper conduct of its business and operation of the
Project Property improved with Grant funds.
12. EVENTS OF DEFAULT.
The occurrence of any of the following events shall constitute an Event of Default under this Agreement:
(a) Failure of Subrecipient to complete the Project satisfactorily in accordance with the
approved activities or on schedule;
(b) The Subrecipient's failure to comply with the reporting requirements as specified herein;
(c) Subrecipient attempts to assign its rights under this Agreement or any advance made or
to be made hereunder or any interest therein, without the prior written consent of the Grantee;
(d) Any representation or warranty made herein or in any report, certification, or other
instrument furnished in connection with this Agreement or any advances of Grant funds made hereunder,
by or in behalf of Subrecipient, shall prove to be false or misleading in any material respecI
(e) Any mechanics', laborers', materialmen's or similar statutory liens, or any notice thereof,
shall be filed against the Property and/or the Project and shall not be discharged within thirty (30) days of
such filing;
(f) Subrecipient shall default in the due observance or performance of any covenant,
condition, assurance or agreement to be observed or performed by Subrecipient under this Agreement;
(g) Subrecipient shall (i) apply for or consent to the appointment of a receiver, trustee, or
liquidator of it or any or its property, (ii) admit in writing its inability to pay its debts as they mature, (iii)
make a general assignment for the benefit of creditors, (iv) be adjudicated as bankrupt or insolvent or (v)
file a voluntary petition in bankruptcy, or a petition or answer seeking reorganization or an arrangement
with creditors or to take advantage of any bankruptcy, reorganization, arrangement, insolvency,
readjustment of debt, dissolution or liquidation law or statute, or an answer admitting the material
allegations of a petition filed against it in any proceeding under any such law;
(h) A petition, order, judgment, or decree shall be entered, without the application, approval
or consent of Subrecipient by any court of competent jurisdiction, approving a petition seeking
reorganization or approving the appointment of a receiver, trustee or liquidator of Subrecipient of all or a
substantial part of its assets, and such order judgment or decree shall continue unstayed and in effect for
any period of thirty (30) days;
(i) The dissolution, termination of existence, merger or consolidation of Subrecipient or a
sale of assets of Subrecipient out of the ordinary course of business without the prior written consent of
the Grantee and CDFA; and
(j) Failure to remedy an ineligible expenditure of grant funds or to reimburse the Grantee for
any ineligible costs, which are paid from grant funds.
(k) In the event that the Subrecipient fails to serve the minimum number of Low- and
Moderate-Income beneficiaries, as provided in this Agreement, then the Subrecipient shall confer
forthwith with the Grantee and CDFA to develop a mutually acceptable plan pursuant to which it will rectify
any reporting shortfalls and maintain the required minimums. In such event, the Subrecipient shall also
provide Grantee with monthly updates containing information in a form reasonably satisfactory to the
Grantee, in order for the Grantee and Subrecipient to determine it is in compliance with such plan
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment l- Subrecipient Agreement Nonprofit
and its obligations as provided herein. Said monthly reports to continue until the beneficiary commitments
are achieved.
(l) The continued failure of the Subrecipient to achieve its beneficiary commitments as
required herein for ninety (90) days following the date specified for such requirement shall constitute an
event of default, which may give rise to any of the remedies available to the Grantee, as set forth therein.
13. GRANTEE'S RIGHTS AND REMEDIES UPON DEFAULT.
13.1 Remedies upon Default. Upon the occurrence of any Event of Default, the Grantee may
take any one, or more, or all, of the actions described below. Prior to taking any of the following actions,
the Grantee will give Subrecipient a written notice of default specifying the Event of Default and requiring
it to be remedied within thirty (30) days from the date of notice. The following actions may be taken only if
Subrecipient has not remedied the Event of Default in a timely manner.
(a) Terminate this Agreement, effective immediately upon giving notice of termination;
(b) Suspend all payment of grant funds to be made pursuant to this Agreement until such
time as the Grantee determines the Event of Default has been cured;
(C) Set off against any other obligations the Grantee may owe to Subrecipient for any
damages the Grantee may suffer by reason of any Event of Default;
(d) Treat the Agreement as breached and pursue any of its remedies at law or in equity or
both;
(e) Foreclose under any available security instrument created under this agreement; and
(f) Assume the right to seek full reimbursement of CDBG funds from the Subrecipient and
the right to call on any collateral pledged under the loan with the Subrecipient.
13.2 Judicial Enforcement. Subrecipient agrees that the Grantee and CDFA have a right to
seek judicial enforcement with regard to any matter arising with respect to this Agreement, to include the
assurances, covenants and other conditions, which extend beyond the completion date under this
Agreement.
13.3 DispositionofFunds. WheretheGrantAgreementorSubrecipientAgreementis
terminated or the Project is otherwise terminated due to a default, inability to perform or reasons other
than project completion, Grant funds are required to be returned. The disposition of Grant Funds to be
returned shall be determined solely by CDFA.
14. ADDITIONAL REPRESENTATIONS AND WARRANTIES.
Subrecipient represents and warrants:
(a) Subrecipient will obtain all necessary approvals and all necessary permits for the
operation of its business from all governmental authorities having jurisdiction.
(b) No litigation, claims, suits, orders, investigations or proceedings are pending or
threatened against Subrecipient or affecting the Property or the Project at law or in equity or before or by
any federal, state, municipal or other governmental instrumentality; there are no arbitration proceedings
pending under collective bargaining agreements or otherwise; and to the knowledge of Subrecipient, there
is no basis for any of the foregoing. Any exceptions to this section shall be explained in an exhibit,
attached to this Agreement.
Manchester.FIT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment l- Subrecipient Agreement Nonprofit
(c) Subrecipient has filed all federal, state and local tax returns required to be filed and has
paid or made adequate provision for the payment of all federal, state or local taxes, charges and
assessments, if applicable.
(d) The execution and delivery and performance by Subrecipient of its obligations under this
Agreement have been duly authorized by all requisite corporate action and will not violate any provision of
law, any order of any court or other agency of government, or any indenture, agreement or other
instrument to which Subrecipient is a party, or by which it is bound, or be in conflict with, result in a breach
of, or constitute a default under, or except as may be provided in this Agreement, result in the creation or
imposition of any lien, charge or encumbrance of any nature whatsoever upon any of the property or
assets of Subrecipient pursuant to any such indenture, agreement or instrument. Subrecipient is not
required to obtain any consent, approval or authorization from, or to file any declaration or statement with,
any governmental instrumentality or other agency in connection with or as a condition to the execution,
delivery or performance of this Agreement and all other related documents.
(e) Subrecipient is not contemplating either the filing of a petition under any state or federal
bankruptcy or insolvency laws or the liquidating of all or a major portion of its properties, and has no
knowledge of any person contemplating the filing of any such petition against it.
(f) No statement of fact made by or on behalf of Subrecipient in any of the agreement or
related documents or in any certificate, exhibit or schedule furnished to the Grantee pursuant thereto,
contains any untrue statement of a material fact or omits to state any material fact necessary to make
statements contained therein or herein not misleading. There is no fact or circumstance presently known
to Subrecipient that has not been disclosed to the Grantee that materially affects adversely, nor as far as
Subrecipient can foresee, will materially affect adversely Subrecipient, operations or considerations
(financial or otherwise) of Subrecipient.
(g) No Event of Default has occurred and is continuing under this Agreement and no event or
condition which would, upon notice of expiration of any applicable cure, constitute an Event of Default has
occurred and is continuing; Subrecipient is not in default under any note or other evidence of
indebtedness or other obligation for borrowed money or any mortgage, deed to trust, indenture, lease
agreement or other agreement relating thereto. Any exceptions to this section shall be explained in an
exhibit, attached to this Agreement.
Subrecipient warrants that each of the foregoing representations and warranties is true and correct as of
the date of this Agreement and Subrecipient shall indemnify and hold harmless the Grantee, the State and
CDFA from and against any loss, damage, or liability attributable to the breach thereof, including any and
all fees and expenses incurred in the defense or settlement of any claim arising therefrom against the
Grantee, State or CDFA.
15. MISCELLANEOUS PROVISIONS.
15.1 Compliance with Laws. Subrecipient shall comply with all applicable federal, state and
local laws, statutes, regulation, executive orders and rules as they relate to the application, acceptance
and use of funds for this Project, including, but not limited to, the requirements as specified in the Grant
Agreement.
15.2 Compliance with OMB 2 Part 200. Subrecipient acknowledges that it shall meet the
requirements of OMB 2 Part 200, to ensure compliance with Administrative Cost Standards.
15.3 No assignment. Subrecipient shall not assign or transfer any of its rights or obligations
under this Agreement without the prior written consent of the Grantee and CDFA, and any attempted
assignment or transfer shall be ineffective, null, void, and of no effect.
Manchester.FlT- CDBG-CV Public Services - Grant #26-728-CDPS-CV
Attachment I- Subrecipient Agreement Nonprofit
15.4 Amendments. NoamendmentormodificationofanyprovisionofthisAgreementshallbe
effective unless it is in writing and executed by both parties and approved by CDFA.
'l 5.6 Governing Law. The Subrecipient Agreement shall be governed by and construed in
accordance with laws of the State of New Hampshire.
15.7 Publicity and Signage.
15.7.I Public Relations. The Subrecipient shall grant CDFA the right to use the
Subrecipient's name, likeness, and logo in any public relations or publicity efforts. This
shall include, but not be limited to, press releases, media interviews, website,
publications, brochures, etc. CDFA's publicity efforts may also include details about
Grantee's project, contract, or other publicly available information.
15.7.2 Reciprocal Publicity. The Subrecipient also shall acknowledge CDFA
appropriately in all organizational and public forums as to the support, financial and
otherwise, that has been provided to the project. This recognition shall include, but not be
limited to, print/electronic media, publications, interviews, brochures, website, etc.
15.8 AdditionalCDBG-CVRequirements. TheSubrecipientshalladheretothefollowing
CDBG-CV additional requirements:
15.8.1 The Subrecipient agrees to comply with the requirements in the CARES Act that
apply to CDBG-CV grants and must use the CDBG-CV Grant Funds to prevent, prepare
for or respond to Coronavirus.
15.8.2 The Subrecipient agrees to comply with the requirements of the Housing and
Community Development Act of 1974 (42 USC 5301 et seq.) and implementing
regulations at 24 CFR part 570, as now in effect and as may be amended from time to
time, and as modified by the rules, waivers and alternative requirements published by
HUD from time to time. Rules, waivers and alternative requirements of Federal Register
notices applicable to CDBG-CV grants are hereby incorporated into and made a part of
this Subrecipient Agreement.
15.8.3 The Subrecipient agrees to establish and maintain adequate procedures to
prevent any duplication of benefits as required by section 312 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 u.s.c. 5155), as amended by section
1210 of the Disaster Recovery Reform Act of 2018 (division D of Public Law 115-254;
132 Stat. 3442).
15.8.4 The Subrecipient shall comply with requirements established by the Office of
Management and Budget (OMB) concerning the Unique Entity Identifier (UEI)§ the
System for Award Management (SAM.gov); the Federal Funding Accountability and
Transparency Act as provided in 2 CFR part 25.300, Universal Identifier and General
Contractor Registration.
15.8.5 The Subrecipient shall ensure that no CDBG-CV funds are used to support any
Federal, State, or local projects that seek to use the power of eminent domain, unless
eminent domain is employed only for a public use. For the purposes of this requirement,
public use shall not be construed to include economic development that primarily benefits
private entities. Any use of funds for mass transit, railroad, airport, seaport or highway
projects as well as utility projects which benefit or serve the general public (including
energy-related, communication-related, water- related and wastewater-related
infrastructure), other structures designated for use
other common-carrier or public-utility functions that
general public or which have
the general public and are
Ina Here
Manchester.FIT- CDBG-CV Public Services - Grant#26-728-CDPS-CV
Attachment I- Subrecipient Agreement Nonprofit
subject to regulation and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfield as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public Law 107-14 8) shall be
considered a public use for purposes of eminent domain.
15.8.6 The Subrecipient may not sell, trade, or otherwise transfer all or any such portion
of the funds subgranted to it by Grantee to another entity in exchange for any other funds,
credits or non-Federal considerations, but must use such funds for activities eligible under
Title I of the Act.
CERTIFICATE
26-728-CDPS-CV
l,./'[i'A'h /'1'F#/A,'41erk of the City of Manchester, New Hampshire do hereby certify that: (1) at the
public hearing held on October 21, 2025, the City Council voted to submit an application for Community
Development Block Grant funds and if awarded (2) enter into a contract with the Community
Development Finance Authority and further authorize the City Mayor to execute any documents which
may be necessary to effectuate this contract and any amendments thereto; (3) I further certify that this
authorization has not been revoked, annulled or amended in any manner whatsoever, and remains in full
force and effect as of the date hereof; and (4) the following person has been appointed to and now
occupies the office indicated under item (2) above:
Jay Ruais, City Mayor
Name and Title of Officer Authorized to Sign
5ity Clerk
CSTOAUTNETYOFONFt'AEWLA-'rMtPSHl2E. SS
Tabhoevfeo-rneagmoenoga!ntli;)ruLnkW]aAsr-acBknoW:;d e: cbietyfocreiemr:o"rhtShe"citSaoyrovfan"c:rte:',xeZamps2h0ir2e6' bylhe
My commission expires:
CERTIFICATION OF GRANTEE'S ATTORNEY
26-728-CDPS-CV
hereby certify:
That in my opinion the Grantee is empowered to enter into the foregoing Grant Agreement under the laws of the
State of New Hampshire. Further, I have examined the foregoing Grant Agreement and the actions taken by said
Grantee and have determined that Grantee's official representative has been duly authorized to execute this
Grant Agreement and that the execution thereof is in all respects due and proper and in accordance with the laws
of the said State and applicable federal laws. (n addition, for grants involving projects to be carried out on
property not owned by Grantee, there are no legal impediments that will prevent full performance by the Grantee.
Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of Grantee in
accordance with the terms thereof.
Datedat stst, *(r this !""dayof Jauvax-x(2026.
S>IgnatureOfGl<ramels{AAttOA6trneyW
Kevin J. O'NeiZ
RiskManager
CNTY OF MANCHESTER
Office ofRislcManagemertt
(JRTIFICATE OF COVF,RAGE
CDFA
14 DixonAve
Concord, NH 03301
This certificate is issued as a matter of information only and confers no rights upon the
certificateholder. Tiscertificatedoesnotmnend,extendoralterthecoveragewithinthe
financial limits of RSA 507-B as follows:
GENERAL LIABILITY
AUTOMOBILE LIABILITY
WORKBR'S COMPENSATION
Limits of Liability (in thousands 000)
Bodily Injury and Property Damage
Each Person
Each Occurrence
Aggregate
Bodily Injury and Property Damage
Each Person
Each Occurrence
Aggregate
Statutory Limits
325
1000
2000
325
1000
2000
The City of Manchester, New Hampshire maintains a Self-Insured, Self-Funded Program
and retains outside claim service administratjon. All coverages are continuous until
otherwise notified. Effective on the date Certificate issued and expimg upon completion
of contract, Notwithstanding any requirements, tenn or condition of any contract or other
document with respect t6 which this certificate may be issued or ffiay pertain, the
coverage afforded by the limits desuibed herein is subject to all the tenns, exclusions and
conditiorm of RSA 507-B.
DESCRIPTION OF OPERATIONS/LOCATION/CONTRACT PERIOD
Forthe City ofManchester CDFA Grant from Janiary 30, 2026 through January 30,
2027. CDFA is named as an additional insured.
Issued the 30tli of January
Kevin J, O'Neil, Risk Manager
One City Han Plaza * Manchester, New Hampshire 03101 a (603) 624-6503 ii FAXi (603) 624-6528
TTY: 1-800-735-2964
E-Mail: koneil@manchesternli,gov a Website: ww+v.manchesternh,gov
Case records
Open case pageDocket: 2026-0003
| Date | Record Text | Type | Party | |
|---|---|---|---|---|
| April 24, 2026 | K.P. v. O.v. | Supreme Court case order | Supreme Court | |
| March 25, 2026 | Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 34 Current page | Other |