2012/09/26 Council Agenda Packet

• .7 Minimum community match is required. The Association shall insure that the community match component of the project is fulfilled. The match value shall equal or exceed$13,993. Failure to generate the minimum match of$13,993 will be cause for the Office of Neighborhoods to withhold payment of invoices against this Agreement or to terminate this Agreement. The community match will be generated as described in.Exhibit B,and will be counted beginning on the date the grant application was submitted to the City. D. The Match Expenditure Statement should be submitted with copies of written materials documenting the Association's expenditure of donated materials and supplies. This documentation will include:the relevant volunteer time sheets,letters identifying the donation and its value,vendor receipts for donated goods or receipts for expenditures paid by funds raised by the Neighborhood Organization_ E. The Association shall provide a final,brief,written report with the final invoice,which summarizes the project's successes and lessons learned. 3. PERSONNEL A. The Association shall provide all labor required to perform the Project. This Agreement • shall not constitute nor create an employer-employee relationship between the City and the • Association, its subcontractors or suppliers, or any volunteers providing labor. The Association and its subcontractors and suppliers shall be responsible for any obligations relating to federal income tax, self-employment FICA taxes and contributions, and all other so called employer taxes and contributions, including, but .not limited to, industrial insurance (Workmen's Compensation),and the Association agrees to indemnify, defend and hold the City haiuiless from any claims,valid or otherwise,made to the City,because•of these obligations. B. Any and all volunteers or employees of the Association, while engaged in the performance of this Agreement, shall not be considered employees of the City. The City shall not be liable for any and all claims that may or might arise under the Worker's Compensation Act on behalf of volunteers,or employees of the Association,while so engaged and for any and all claims made by a third party as a consequence of any negligent act or omission on the part of the Association's employees or volunteers,while so engaged on any of the Project activities. C. The Association shall be responsible for supervising labor performing work on the • Project. D. The Association's"Project Co-Coordinators"for the Project will be Dean Smith and Megan Dunn. The Project Coordinator may be changed by the Association,but only upon written approval of the City. The Project Coordinator shall be responsible for completing and submitting the Request for Payment. 4. OWNERSHIP AND USE OF PROPERTY Property purchased with City funds shall be the property of the City and such property shall be • considered to be on loan to the Association during the Project Period. The Association will see that Property loaned to the Association for the Project is returned to its owner at the end of the Project Period.Property donated to the project shall become the property of the City and shall be accepted by the City for its use or disposal,unless the donor specifies that the property is donated to a private entity or person. The use of City-owned or funded property shall only be used for the purposes of performing the Project and the Association shall be responsible for all-maintenance, unless otherwise agreed. Anything built,constructed or installed with City funds shall become 31