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2012/09/26 Council Agenda Packet
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2012/09/26 Council Agenda Packet
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Council Agenda Packet
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9/26/2012
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6 <br /> component of the project is fulfilled. The match value shall equal or exceed$5,210. Failure to <br /> generate the minimum match of$5,210 will be cause for the Office of Neighborhoods to withhold <br /> payment of invoices against this Agreement or to terminate this Agreement. The community <br /> match will be generated as described in Exhibit B,and will be counted beginning on the date the <br /> grant application was submitted to the City. <br /> D. The Match Expenditure Statement should be submitted with copies of written materials <br /> documenting the Association's expenditure of donated materials and supplies. This <br /> documentation will include:the relevant volunteer time sheets,letters identifying the donation <br /> and its value,vendor receipts for donated goods or receipts for expenditures paid by funds raised <br /> by the Neighborhood Organisation. <br /> E. The Association shall provide a fmal,brief,written report with the final invoice,which <br /> summarizes the project's successes and lessons learned. <br /> • <br /> 3. PERSONNEL <br /> A. The Association shall provide all labor required to perform the Project. This Agreement <br /> shall not constitute nor create an employer-employee relationship between the City and the <br /> Association, its subcontractors or suppliers, or any volunteers providing labor. The Association <br /> and its subcontractors and suppliers shall be responsible for any obligations relating to federal <br /> income tax, self-employment FICA taxes and contributions, and all other so called employer <br /> taxes and contributions, including, but not limited to, industrial insurance (Workmen's <br /> Compensation),and the Association agrees to indemnify,defend and hold the City harmless from <br /> any claims,valid or otherwise,made to the City,because of these obligations. <br /> B. Any and all volunteers or employees of the Association,while engaged in the performance <br /> of this Agreement,shall not be considered employees of the City. The City shall not be liable for <br /> any and all claims that may or might arise under the Worker's Compensation Act on behalf of <br /> volunteers or employees of the Association,while so engaged and for any and all claims made by <br /> a third party as a consequence of any negligent act or omission on the part of the Association's <br /> • employees or volunteers,while so engaged on any of the Project activities. <br /> C. The Association shall be responsible for supervising labor performing work on the <br /> Project. <br /> D. The Association's"Project Co-Coordinators"for the Project will be Dennis Dudder and <br /> Janice Dickason. The Project Coordinator maybe changed by the Association,but only upon <br /> written approval of the City. The Project Coordinator shall be responsible for completing and <br /> submitting the Request for Payment. <br /> 4. OWNERSHIP AND USE OF PROPERTY <br /> Property purchased with City funds shall be the property of the City and such property shall be <br /> considered to be on loan to the Association during the Project Period. The Association will see <br /> that Property loaned to the Association for the Project is returned to its owner at the end of the <br /> Project Period.Property donated to the project shall become the property of the City and shall be <br /> accepted by the City for its use or disposal,unless the donor specifies that the property is donated <br /> to a private entity or person. The use of City-owned or funded property shall only be used for the <br /> purposes of performing the Project and the Association shall be responsible for all maintenance, <br /> unless otherwise agreed. Anything built,constructed or installed with City funds shall become <br /> City of Everett Property. Contracts with visual artists for creation,purchase,or installation of a <br /> 23 <br />
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