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Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 34

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

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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 page

Docket: 2026-0003

Date Record Text Type Party PDF
April 24, 2026 K.P. v. O.v. Supreme Court case order Supreme Court PDF
March 25, 2026 Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 34 Current page Other PDF