Neighborhood Matching Grant Program

Transcription

1 City of Cedar Hill Neighborhood Services Neighborhood Matching Grant Program Improving neighborhood vitality and participation through enhanced communication and accessibility. Rob Franke, Mayor Council Members Cory Spillman, Mayor Pro Tem Daniel C. Haydin, Jr. Wade Emmert Greg Patton Makia Epie Clifford Shaw Alan E. Sims, City Manager 1

2 City of Cedar Hill Neighborhood Services Neighborhood Matching Grant Program Table of Contents 2 Page Program Summary 1 Objective 2 Eligibility Requirements 2 Administration 3 Eligible/Ineligible Projects Examples 4 General Program Requirements 4 Application 6 Section I GENERAL INFORMATION 6 Section II PROJECT DESCRIPTION 7 Section III PROJECT VOLUNTEERS 8 Section IV PROJECT IMPLEMENTATION 10 Section V COMMUNITY PARTICIPATION 12 Section VI SUPPORT FROM ADJACENT PROPERTY OWNERS 13 Section VII PROJECT BUDGET 14 Section VIII PROJECT MAINTENANCE 17 Section IX APPLICATION CHECKLIST 18 Attachment A Donation Letter 20 Attachment B Letter of Intent 21 Attachment C Agreement 22 Attachment D Release and Hold Harmless Agreement 28

3 Neighborhood Matching Grant Program Program Summary This program provides funding for a matching grant initiative to be offered to registered neighborhood organizations. Grant funding will be available on a 50/50 match basis (up to $1,000) for any qualified, neighborhood sponsored project. Matching funds may be in the form of cash, in-kind services such as donated supplies or equipment, with a required percentage of the match in the form of volunteer hours. Each neighborhood, with the exception* of those legally recognized as part of a Public Improvement District, will be eligible to receive one (1) grant per fiscal year budget period. Each application will be reviewed by the Neighborhood Advisory Board and their recommendations will be forwarded to the City Council for consideration and final approval. Application for grant projects would be required to meet at least one of the following criteria: Strengthen and improve neighborhood organizations Improve the appearance of City neighborhoods Advance inter-neighborhood cooperation Projects could include, but would not be limited to: Landscaping or irrigation equipment Clean up activities Safety equipment Beautification Park development/improvement After school activities Crime watch programs Neighborhood signage To be eligible, the neighborhood organization must: Be registered with the City of Cedar Hill Neighborhood Services Department Show proof of regular membership meetings Provide a copy of By-laws and/or Articles of Incorporation that includes a list of current officers and a copy of organizational budget Provide evidence of an ability to perpetually maintain the project (if applicable) Provide evidence of the availability of matching funds for the grant project specified Ensure that the project meets all applicable City laws, codes and policies Complete the attached Neighborhood Organization Matching Grant Application form *see page 3, Administration, item 9d. 1

4 Cedar Hill Neighborhood Matching Grant Program Objective: To provide financial support for resident- and community-based programs and activities that foster civic pride, enhance and beautify neighborhoods, and improve neighborhood vitality and participation Program/Grant Size: $15,000 total per fiscal year budget period with a maximum of $1,000 match per project Created by: City of Cedar Hill City Council Coordinated by: Neighborhood Services Staff Projects Screened by: Project Payment by: Neighborhood Advisory Board (NAB) City of Cedar Hill Finance Department Eligibility Requirements Project grant applications must: 1. Be located within the city limits of Cedar Hill 2. Be approved by a majority of neighborhood organization board or elected leadership 3. Meet at least one of the stated criteria 4. Provide at least a 50/50 match of project costs via cash, donated services or materials with up to 25% of match in the form of volunteer hours a. Cash verified by bank statement valid at time of application b. Donation letters for goods and services signed by donor and estimate of value c. For each volunteer an estimate of work hours using $10/hr and the type of work to be performed d. Match up to 25% in the form of volunteer hours 5. Be visible, accessible and beneficial to the neighborhood and surrounding community 6. Be considerate of neighborhood diversity and adhere to ADA requirements where applicable 7. Designate a person, association or responsible entity to act as project manager 8. Not conflict with, but may supplement, existing and/or proposed public improvement projects 9. Provide a minimum of three vendor quotes for the exact quantity of materials and labor (attach to application) with no guarantee that the original vendors providing quotes will be awarded the contract work 10. Provide a description of program and correlation to eligible public improvement projects when supplies are related to such projects 2

5 11. Provide a complete and accurate project budget, including all expenses, as part of the application 12. Match line items in the project budget with grant funds 13. Obtain required building permits at the sole responsibility of the applicant 14. Be constructed in accordance with all applicable federal, state and local laws 15. Have written consent and releases from Public Works for projects built within public rights-of-way 16. Provide notice of completion and an end of project report, subject to inspection 17. Designate a person, association or responsible entity to perform ongoing maintenance and repair of the project Administration 1. Applications will be accepted from: a. Official neighborhood organizations as evidenced by Articles of Incorporation/By-laws, registration with the City of Cedar Hill and a verified bank statement valid at the time of application; b. Business associations with 501(c) 3 status. 2. Applications will be available on-line or through Neighborhood Services anytime between October 1 and January Deadline to submit grant applications is February All applicants will be notified in writing of the result of the preliminary project review and, if needed, additional information may be requested and submitted by a specified deadline. 5. If applications for a greater number of eligible projects than can be funded are received, priority will be given to neighborhoods not previously receiving grants. 6. All applications will be evaluated by the Neighborhood Advisory Board, Neighborhood Services and City Finance staff. 7. Grant recommendations from the NAB will be presented to City Council for final consideration during the month of February. 8. Grants will be awarded March 1 of each year. 9. If, after the initial application period, grant monies allocated for that fiscal year remain, a second application period would be opened between May 1 and May 31. a. Deadline to submit applications in the second period is June 7. b. Evaluation and final City Council consideration will occur during the month of June. c. Second period grants will be awarded July 1. d. Neighborhoods legally recognized as part of a Public Improvement District will be eligible to apply during the second application period only. 10. All funds remain in a City account. Grant recipients access funds by one of the following methods: 3

6 a. Purchase orders must appear on vendor letterhead and include an estimate for all items to be provided for project. b. Reimbursement checks for project items purchased by individuals or the neighborhood organization/business association must include original receipts itemizing purchases and bearing the vendor name, address, date and method of purchase, and proof of payment. Applicant should be able to justify each item as necessary to implement the project. Reimbursable purchases must be used for the duration of the project s implementation and be solely for the purpose indicated in the project budget. Project fund disbursements will be made by check and payable to Grantee name as it appears on grant application. 11. Final project reports must be received by the City within 30 business days of project completion. 12. All grant funded project components must be completed no later than September 30 regardless of commencement date. Receipts submitted for reimbursement after September 30 will not be reimbursed regardless of the date on the receipt. If grant funds are NOT spent by the September 30 fiscal year completion deadline, the neighborhood organization will not be eligible for further grant funding consideration until the final project report has been received by the City and documentation has been satisfactorily verified. No exceptions will be made to the completion timeline, regardless of the application period in which grant funds were awarded. Eligible Projects Examples Landscaping or irrigation equipment Seasonal decorations Safety equipment Beautification Park development/improvement After school activities Neighborhood signage Tree planting Crime reduction Community outreach Ineligible Projects Examples Projects without at least a 50/50 project match Projects having other sources of funding and/or process Applications requesting salaries and/or operating expenses Applications for social service/cultural education programs Projects promoting special interests Projects conflicting with existing City improvement projects Projects outside the City of Cedar Hill limits 4

7 Projects not providing a public benefit General Program Requirements Grant awardees must: 1. Sign a Contract and provide proof of insurance* and a copy of the Hold Harmless Agreements for all volunteers committing to work on the project prior to initiation of work 2. Provide monthly status reports 3. Submit copies of all approved permits required for the project 4. Maintain accounting records as follows: a. Each volunteer will maintain a time sheet on each project segment showing the days and number of hours worked b. Receipts for all cash purchases with the vendor s name, address, telephone number, item(s) purchased, date and method of purchase, proof of payment c. Document volunteer professional services being provided including a written scope of work (deliverables, estimated time necessary to complete the project and current cost of providing the services) any discount given should be submitted on company letterhead 5. Repair all damages incurred to adjacent property owners and to features of the right-of-way (sidewalks, vegetation, temporary repairs to benches, lights, signs, statues, etc.) as a result of project implementation 6. Provide verification that the project maintenance included in the project application is being performed by the grantee 7. Complete all projects no later than September Submit written final project report summarizing the work completed, including post-completion photographs of the project site, copies of the Hold Harmless Agreements for the volunteers, final list of volunteers working on the project, account of the expenditure of the City s cash grant funds, etc. *Business associations only 5

8 City of Cedar Hill Neighborhood Matching Grant Application Neighborhood representatives may acquire a grant application by downloading online at cedarhilltx.com or by contacting the City of Cedar Hill Neighborhood Services Department at ext Application period: October 1 and January 31 Deadline to submit grant applications: February 7 Grants awarded: March 1 Completion deadline: September 30 Final reports deadline: 30 business days after project completion date APPLICATIONS MUST BE COMPLETE AT TIME OF SUBMITTAL TO BE CONSIDERED AND ALL APPLICABLE ATTACHMENTS INCLUDED Section I GENERAL INFORMATION Project Title: PLEASE INCLUDE THE NAME OF YOUR NEIGHBORHOOD IN THE PROJECT TITLE Applicant Name: NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION Incorporated: Yes No IF YES, A COPY OF THE STATE OF TEXAS INCORPORATION CERTIFICATE OR ACCEPTABLE ALTERNATIVE MUST BE ATTACHED Non-profit: Yes No IF YES, ATTACH COPY OF THE IRS LETTER GRANTING 501 (c)(3) DESIGNATION TO YOUR ORGANIZATION Contact Name: PERSON FAMILIAR ENOUGH WITH PROJECT TO ANSWER ALL QUESTIONS RELATED TO THE PROJECT Address: Telephone: Day Evening Fax: address: Project Leader: Signature: Address: Telephone: Day Evening address: 6

9 Section II PROJECT DESCRIPTION 1. Project Description Please provide: a. Complete description of your overall project, including all phases or steps necessary to complete the project. b. Detailed sequence of events or project timeline necessary to implement the project. c. Explanation of how the project will benefit the neighborhood and why it is important to the neighborhood. ATTACH ADDITIONAL PAGES IF NECESSARY 2. What is the specific location of the project? BEFORE photographs of the proposed project site must be submitted as part of this application. The location must be illustrated on a street map. Improvements in the right-ofway or on public property must also be illustrated on a City Plat map. File subdivision plat maps are available for $5.00 per page at the City of Cedar Hill Planning and Zoning Building, 413 Cedar St., Cedar Hill. Pages may not exceed 11 x 17 in size and, therefore; reduction of the plat sheets may be required for final submittal. A sketch of planting plans must be included for landscaping projects. Include spacing of plant material, location of signs, aboveground wires, pavement, driveways, structures or other obstructions and existing plant material. All other projects must submit a sketch depicting the proposed improvements. 7

10 Section III PROJECT VOLUNTEERS NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION NAME: Name Address Telephone Pledge Hours Tasks TOTAL VOLUNTEER HOURS PLEASE TOTAL THE NUMBER OF VOLUNTEER HOURS FOR EACH SHEET Attach additional sheets as needed. 8

11 Section III PROJECT VOLUNTEERS (cont d.) NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION NAME: Name Address Telephone Pledge Hours Tasks TOTAL VOLUNTEER HOURS PLEASE TOTAL THE NUMBER OF VOLUNTEER HOURS FOR EACH SHEET Attach additional sheets as needed. 9

12 Section IV PROJECT IMPLEMENTATION Please outline the primary tasks or steps required, including estimated time, to successfully complete your grant project and achieve your goals. NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION NAME: Project Name: Date: Task Start Date Completion Date Person/Committee Responsible 10

13 Section IV PROJECT IMPLEMENTATION (cont d.) NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION NAME: Project Name: Date: Task Start Date Completion Date Person/Committee Responsible Estimated number of days needed to complete project: Number of volunteers needed: Proposed start date: Estimated completion date: 11

14 Section V COMMUNITY PARTICIPATION Describe how the neighborhood support will be or has been obtained and who will participate in the project. Include type of involvement and support of the neighborhood residents. 12

15 Section VI SUPPORT FROM ADJACENT PROPERTY OWNERS Provide the names, addresses and signature of the owners of any properties adjacent to the project, regardless of their participation. Name Address *H/R Signature/Date Support Yes or No * H = Homeowner R = Renter 13

16 Section VII PROJECT BUDGET The project budget is the most important part of the application. It details the grant request and the match to be provided by the applicant. Instruction for Matching Funds For each project, the applicant must provide a match. The match is encouraged to be equal to, or greater than the amount requested from the City for the project. Identifying the match is vital to the preparation of an application for all projects and needs to be shown in the budget table. Requirements for a Match A match may include any or all of the following: Cash Equipment and machinery Volunteer labor Donated professional services Donated materials and supplies Any other funds or services obtained from the City of Cedar Hill will not be accepted as part of a match. All match funds must be assigned to a particular line item in the project budget, and be pertinent to the project. The applicant should be able to justify each part of the match as necessary to implement the project. The monies received from the City and the neighborhood and/or businesses match must be used for the duration of the project s implementation and solely for the purpose indicated in the project budget. The applicant must provide documentation (receipts, etc.) for the match funds expended during the project. This documentation must be included in the final report. All applications will be checked against the list of matching requirements. If the match does not meet these requirements, the application will not be considered. 14

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19 Section VIII PROJECT MAINTENANCE It is not the intent of this program to increase maintenance activities for City Staff. As such, the applicant will be required to provide the maintenance, including but not limited to routine watering, weeding, mulching, trimming, mowing, and pruning of plant material, and the routine cleaning, repairing, painting, and refinishing of sign equipment or structures. The Project will be expected to be maintained for at least the term provided within the Contract/Agreement. Describe how the project will be maintained over the term of the contract and after implementation. Include a maintenance schedule showing who will maintain the project and what specific duties will be performed. Indicate the number of volunteers committed to perform the maintenance of the project. State your back-up plan in the event the volunteers fail to perform. 17

20 Section IX APPLICATION CHECKLIST Each application package must include: One (1) unbound reproducible original and one (1) bound copy of each of the following: Copy of neighborhood organization By-laws or Articles of Incorporation for the State of Texas IRS letter granting 501 (c)(3) status, if applicable Proof of cash availability (bank statements), if applicable Proof of 50% or more match of the total project cost Letter of Intent Proof of liability insurance* (minimum policy value of $500,000) Donation letter(s) documenting cash, materials and/or services BEFORE pictures of the proposed project site Minimum of three (3) vendor quotes for the exact same quantity of material, supplies and labor Proof of volunteer participation Proof of support of adjacent property owners Proof of community support and participation 18

21 Maintenance Plan, schedules and volunteer commitments Project implementation schedule Signed Hold Harmless Agreements from all volunteers Plat and street maps of proposed project site Sketch map/site plan/landscape plan of proposed project Proposed project budget *Business associations only NOTE: Only the application and supporting documentation need to be submitted to apply for a grant. Introductory and sample pages are not part of the application. All applications are due via U.S. Mail, hand delivery, or delivery service at the City of Cedar Hill Neighborhood Services Department no later than 5:00 pm, February 7 of each year. Should that date fall on a weekend or City holiday, applications will be due by 12:00 noon the following business day. LATE APPLICATIONS WILL NOT BE ACCEPTED. By mail: Delivery: City of Cedar Hill Cedar Hill City Hall Neighborhood Services Neighborhood Services P. O. Box Cedar Street Cedar Hill, TX Cedar Hill, TX

22 Attachment A City of Cedar Hill Neighborhood Matching Grant Program Donation Letter This letter shall confirm that, will (private/public organization or individual name) participate as a partner with the (neighborhood organization/business association) in the implementation of their Neighborhood Matching Grant project. PLEASE PRINT: Name: Company: Address: Telephone: The contribution will consist of the following: (please check all that apply) Cash: $ Materials/Equipment: Indicate the amount and value of the items being donated. Use additional sheets if necessary. Professional Services: Indicate the type of services being provided. The market value for professional services rendered is $ at a rate of $ per hour. Total number of hours donated. Signature: Date: 20

23 Attachment B City of Cedar Hill Neighborhood Matching Grant Program Letter of Intent This letter shall confirm that will (neighborhood organization/business association) apply for the Neighborhood Matching Grant Program. PLEASE PRINT: Neighborhood Organization/Business Association/Group Name: Contact Person, Address, Telephone Number and Address: Proposed Project: (briefly describe your project) Is the proposed project to be located on the public right-of-way? Yes No Projected Project Cost: Estimated Grant Request: $ $ Signature: Date: Please mail or hand deliver to: By mail: Delivery: City of Cedar Hill Cedar Hill City Hall Neighborhood Services Neighborhood Services P. O. Box Cedar Street Cedar Hill, TX Cedar Hill, TX

24 Attachment C City of Cedar Hill Neighborhood Matching Grant Program Agreement Between the City of Cedar Hill and NEIGHBORHOOD ORGANIZATION BUSINESS ASSOCIATION This AGREEMENT is entered into this day of, by and between the City of Cedar Hill, Texas, herein referred to as CITY or GRANTOR, and (select one of the following) (1), an individual representing hereinafter referred to as GRANTEE. (2) the, a Texas not-for-profit corporation authorized to do business in the State of Texas, hereinafter referred to as the GRANTEE, and whose Federal Tax I.D. number is. WITNESSETH: WHEREAS, the CITY desires to improve the appearance, organization, image and leadership of the CITY s neighborhoods by providing grants and other assistance to neighborhood organizations to identify, design, implement and maintain neighborhood improvement projects; and WHEREAS, GRANTEE has proposed a project to ; and WHEREAS, GRANTEE has been recommended for selection by the Neighborhood Advisory Board and approved by the City Council to receive a grant award in the amount of $ to the GRANTEE to assist in implementation of the project; and WHEREAS, the CITY has determined that the expenditure of grant funds in implementation of this project furthers a valid public purpose; and 22

25 WHEREAS, both parties desire to enter into this AGREEMENT. NOW THEREFORE, in consideration of the covenants and promises contained herein, the parties hereby agree to the following terms and conditions: 1. GRANTEE agrees to perform the project scope of work, proposed by the GRANTEE and detailed in the GRANTEE s proposal dated, 20, (copies of which are incorporated herein by reference and attached hereto as Exhibit A) and within the Project budget, a copy of which is attached hereto as Exhibit B and incorporated herein by reference. GRANTEE agrees to abide by any written instructions or conditions placed on the Project or the Budget by the CITY. GRANTEE may request changes within the Project or Budget in writing, which the CITY will approve or deny in writing in accordance with the goals and policies of the Neighborhood Matching Grant Program. If a project funded by the Neighborhood Matching Grant Program is constructed or installed on private property that is owned by an entity other than the grant applicant, the grant applicant must provide documentation demonstrating that an enforceable agreement exists between the applicant and the property owner which authorizes the applicant to use and perform services on the property, as provided for in the grant application, including but not limited to: installation and/or construction of any improvements on the property, access to the improvements by community members as applicable, and maintenance of any improvements made on the property for the tenyear grant period. 2. CITY agrees to pay GRANTEE an amount not to exceed $ or expenses incurred by GRANTEE in accordance with the Project Budget, attached hereto as Exhibit B. The CITY will use its best efforts to provide these within thirty (30) days of receipt of invoices indicating services or materials rendered in furtherance of the scope of work. These invoices must be approved in writing by GRANTEE indicating that the services or materials were delivered to GRANTEE s satisfaction. The CITY shall make payment directly to the GRANTEE. a. GRANTEE shall maintain financial records, accounting and purchasing information, and books and records for the Project. These books, records and information shall comply with general accounting procedures and be available for review by the CITY during the City s regular business hours at any time. All documents related to the Project are public records and shall be 23

26 retained as provided by law. GRANTEE shall comply with the Public Records Act. b. GRANTEE has agreed to provide matching funds in the form of services, labor, materials or cash toward the cost of the Project. GRANTEE agrees to fully document each element of the GRANTEE s matching contributions so that the CITY can verify that matching contributions have been provided. GRANTEE acknowledges that its failure to document the GRANTEE s matching contributions may result in refusal of reimbursement or cancellation of this Grant in total by the CITY. c. GRANTEE shall submit to the CITY periodic reports detailing the status of the Project, as requested, and a final report no later than thirty (30) business days after completion of the Project. The final report shall include, as a minimum, a onepage summary of the work completed during the Project, a minimum of six (6) photographs (two before the project and four during and at completion), and financial records clearly showing the GRANTEE s matching contribution toward the Project. d. The Project will be initiated by GRANTEE, 20. Only costs incurred by GRANTEE subsequent to the date of said Project initiation are eligible for reimbursement by CITY pursuant to the terms and conditions hereof. e. Neighborhood Matching Grant program funds may be used as a match for other local, State, or Federal grant programs, but GRANTEE may not submit reimbursement requests for the same expenses to the CITY or others to receive duplicate reimbursement for the same expenses. 3. GRANTEE warrants that the Project shall be open to the general public as applicable, on a non-discriminatory basis regardless of residency, race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. 4. GRANTEE shall be responsible for obtaining and shall pay the cost of all applicable permits or applications for any necessary governmental approvals. The grant program does not waive any applicable permitting requirements. 5. GRANTEE agrees to complete the project no later than September 30 of the fiscal year award and provide a final report no later than thirty (30) business days from the Project completion date. 24

27 6. GRANTEE shall be responsible for all costs of operation and maintenance of the Project: a. By accepting this award, GRANTEE agrees to maintain the Project to be completed with the Grant for a period of five (5) years from the date of completion of the project, and an additional five years good faith effort to keep the project in good repair. Maintenance shall include but not be limited to the routine watering, weeding, mulching, trimming, mowing and pruning of plant material, and the routine cleaning, repairing, painting and refinishing of sign, equipment or structures. b. GRANTEE agrees that the CITY shall not be responsible for the repair or replacement of any equipment, structure or item purchased through this Project which may be necessary at some point due to accident, natural disaster, normal wear or other cause, including the ongoing maintenance of the Project. 7. CITY reserves the right to remove any and all improvements associated with the Project which are placed on City property if GRANTEE fails to maintain the Project in accordance with this Agreement, or if CITY otherwise needs to utilize its CITY property. If the Project is to be located on private property, GRANTEE warrants that GRANTEE either owns the property or has an enforceable agreement with the owner of the property authorizing GRANTEE to perform and maintain the Project for a period of ten years from the date of the execution of the Agreement by the parties. If GRANTEE s ownership of the property or GRANTEE s right to perform and maintain the Project is contested, GRANTEE shall indemnify, save and hold harmless and defend the City of Cedar Hill, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or relating to performance of this Agreement. 8. GRANTEE warrants that it is a not-for-profit corporation*, duly chartered and registered with the Texas State Department, Division of Corporations. 9. GRANTEE shall maintain books, records, documents, and other evidence which sufficiently and properly reflect all costs of any nature expended in performance of this Agreement for a period of not less than five (5) years. Upon advance notice to GRANTEE, CITY shall have the right to inspect and audit said books, records, documents and other evidence during normal business hours. *business associations only 25

28 10. It is understood and agreed the GRANTEE is merely a recipient of CITY funding and is an independent contractor and is not an agent, servant, or employee of CITY or the City Council. In the event a claim or lawsuit is brought against the CITY or any of its officers, agents, or employees, GRANTEE shall indemnify, save and hold harmless and defend the City of Cedar Hill, its officers, agents, and/or employees from and against any and all claims, liabilities, losses, judgments and/or causes of action of any type arriving out of or relating to any intentional or negligent act or omission of GRANTEE, its agents, servants, and/or employees in the performance of this Agreement. 11. GRANTEE shall, at its own expense, maintain in effect at all times during the life of this Agreement, Commercial General Liability* at a limit of liability not less than $500,000 per occurrence. GRANTEE warrants the coverage shall be enforced with an Additional Insured- Designated person or Organization, or similar endorsement, in favor the City of Cedar Hill, its Officers, Agents, and Employees, and shall not include an endorsement excluding Contractual Liability nor Cross Liability. 12. GRANTEE shall deliver to the CITY a Certificate of Insurance* evidencing the required coverage, and providing minimum ten (10) day endeavor to notify due to cancellation or non-renewal of coverage, City of Cedar Hill, Neighborhood Services Division, P. O. Box 96, Cedar Hill, TX GRANTEE agrees that any volunteer who performs services connected with the Project will fully execute a Release and Hold Harmless Agreement, attached hereto as Exhibit D, before engaging in any such service. GRANTEE will keep on file a fully executed Release and Hold Harmless Agreement for each volunteer for a period of five (5) years from the effective date of this Agreement. 14. The CITY and GRANTEE agree that this Agreement sets forth the entire agreement between the parties and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto. 15. The parties may pursue any and all actions available under law to enforce this Agreement including, but not limited to, actions arising from the breach of any provision set forth herein. *business association only 26

29 16. This Agreement shall be governed by the laws of the State of Texas, and venue for any and all legal action necessary to enforce this Agreement shall be held in the City of Cedar Hill. 17. Any notice given pursuant to the terms of this Agreement shall be in writing and hand delivered or sent by U. S. Mail. All notices shall be addressed to the following: As to the CITY: As to the GRANTEE: Patricia M. Bushart, Neighborhood Services City of Cedar Hill P. O. Box 96 Cedar Hill, TX If for any reason the name or address of the GRANTEE s project manager changes, the CITY shall be notified in writing. This document represents the entire nature of the Agreement between the parties. Any amendments to this Agreement must be approved in writing by both parties. Signed, sealed and delivered In the presence of witness: Witness (printed name) By: (printed name) Patricia M. Bushart Neighborhood Services ATTEST: Frankie Lee, City Secretary 27

30 Attachment D City of Cedar Hill Neighborhood Matching Grant Program Release and Hold Harmless Agreement This Release and Hold Harmless Agreement ( Agreement ) is made this day of, 20, by ( Volunteer ) for the benefit of the City of Cedar Hill, Texas, ( City ). WHEREAS, City has awarded a Neighborhood Matching Grant ( Grant ) to allow the to improve the neighborhood which required Volunteer assistance. NOW, THEREFORE, in order to fulfill the obligations under this Grant, the Volunteer agrees as follows: 1. Volunteer does hereby waive, release, relinquish, satisfy, quit claim and forever discharge the City, or any of its officers, agents, and/or employees from and against any and all actions, claims, liabilities, losses, and demands that he/she ever had, now has, or may have against the City, or any of its officers, agents, and/or employees as a result of or in connection with satisfying the obligations of the Grant. 2. Volunteer shall protect, defend, reimburse, indemnify and hold the City, its agents, officers and/or employees harmless from and against all claims, liability, expense, loss, cost, damages, or causes of action of every kind or character, including, but not limited to, attorney s fees and costs, whether at trial or appellate levels or otherwise, arising during and as a result of his/her performance of the terms of this Grant or due to the acts or omissions of the Volunteer. I have read this Agreement fully and understand its content and sign it of my own free will. I further certify that I am eighteen (18) years of age or older or the parent/legal guardian of a minor participant. Name: Date: Signature: If under age 18: Name of parent/legal guardian: Signature of parent/legal guardian: Date: 28