AGREEMENT
FOR THE USE OF CITY GENERAL AND SPECIAL ALCOHOL FUNDS
This
Agreement is entered into between the
City of Lawrence, Kansas, a municipal corporation (hereafter “City”) and Lawrence Community Shelter, Inc. (hereafter
the “Independent Agency”), on this ________ day of _______________________ 2007,
for the purpose of establishing certain conditions on the receipt, expenditure
and use of City funds received by the
Independent Agency.
I.
Use of City Funds
As a condition of the receipt of City funds amounting to $39,000 during City budget year 2008,
the Independent Agency hereby agrees to use and expend all such funds as
follows:
A.
Nine
thousand dollars ($9,000) from the
City’s General Fund will be used pursuant to the application for funds, as
approved and amended by the City Commission, which states the following:
1.
Bus
passes -- $6,600 will be used to purchase 13,200 one-way bus passes to be
distributed through seven agencies to about 380 homeless adults and children;
and
2.
Work
clothing -- $2,400 will be used to purchase clothing required for employment at
a projected average expense of $45.00 per request for approximately 53
individuals through seven agencies.
B. Thirty thousand dollars ($30,000) from the City’s Special
Alcohol Fund will be used pursuant to:
1. City of
a.
Prevention
of alcoholism and drug abuse, including but not limited to education,
counseling, public informational efforts and related activities; or
b.
Alcohol
and drug detoxification efforts and related activities; or
c.
Intervention
in alcohol and drug abuse or treatment of persons who are alcoholics or drug
abusers or are in danger of becoming alcoholics or drug abusers; or
d.
Law
enforcement, prosecution, court activities and programs, or portions thereof,
related to apprehending, prosecuting, adjudicating or monitoring individuals
who are alcoholics or drug abusers or are in danger of becoming alcoholics or
drug abusers, including individuals who are or may be charged with violating
laws related to alcohol or drug use; or
e.
Education,
counseling, public information efforts, and related and associated activities
related to preventing drug abuse and alcohol abuse, including but not limited
to efforts to encourage healthy youth and family development and related
efforts which include as a partial element drug abuse and alcohol abuse
education, counseling, or public information efforts; or
f.
Programs,
activities, or efforts related to preventing or intervening in drug abuse and
alcohol abuse, including programs, activities, or efforts for which drug abuse
and alcohol abuse prevention or intervention comprises a partial element of the
complete program, activity or effort; or
g.
Any
program, activity, or effort, or a portion thereof, that the governing body
determines seeks to discourage, prevent, intervene, or address issues related
to alcohol or drug abuse. The
appropriation of funds by the governing body for such a program, activity, or
effort shall be conclusive of compliance with provisions of this ordinance, and
separate findings shall not be required.
2. All
applicable federal, state, and local laws; and
3. The application for funds, as
approved and amended by the City Commission, which states:
a. The funds will be used to pay the
salaries of personnel, shelter space, utilities, and other expenses necessary
to facilitate the shelter; and
b. The funds will be used to achieve
the following program objectives:
1)
obtain
admission for three individuals into detox, rehab, or
psychiatric care each month;
2)
enter
10 new individuals into case management each month;
3)
place
six individuals returning from detox, rehab, or
psychiatric care into a job over the one-year program plan and set a follow-up
schedule to monitor and to assist in sustaining the employment;
4)
four
individuals will hold a job, be a reliable tenant, and/or remain in recovery
for a twelve month period.
II.
Independent Contractor
The Independent Agency further agrees that it is an
independent contractor of the City, and that the employees, agents, and vendors
of the Independent Agency are not employees of the City.
III.
Disbursement of Funds
A. The
Independent Agency shall request disbursement of funds as follows:
1. Requests for disbursements shall be
made by the Independent Agency in writing, on the official letterhead of the
agency;
2. Unless otherwise agreed to in
writing, requests shall be submitted no more than twice each year:
a. A request for fifty percent (50%)
of the Independent Agency’s total allocation shall be submitted no later than January 31, 2008;
b. A request for the remaining fifty
percent (50%) of the Independent Agency’s total allocation shall be submitted
in conjunction with the six month progress report, no later than July 15, 2008;
3.
The City retains the right to withhold
the second disbursement of funds for failure to submit a six-month progress
report by July 15, 2008.
B. The City retains the right to unilaterally adjust the amount of any disbursement if the
City Commission determines that insufficient public funds exist to fully fund
the agency at the level indicated in this agreement.
IV.
Reporting Requirements
The Independent Agency shall provide written reports to the
City as follows:
A. A six month progress report shall
be due no later than July 15, 2008 that
provides in a narrative form, a
description of the progress made towards meeting the goals and outcomes
described in the Independent Agency’s Application for Funding.
B. The following documents shall be
due to the City no later than March 31,
2009:
1. IRS Form 990 (i.e. copy of Federal Tax Return
for 2008) as well as a copy of the corporate annual report filed with the
Kansas Secretary of State – FORM NP (not-for-profit) filing.
2. A copy of the agency’s financial audit. It is suggested that the agency adopt SFAS
No. 117. This standard has been adopted by the Financial Accounting Standards
Board as a preferred accounting method for non-profit corporations.
3. A copy of the Agency’s Annual Report that includes a summary of how the funds were
used, to include an assessment of the agency’s annual accomplishments and
outcomes.
V.
Access to Financial Records
In addition, the Independent Agency
shall provide the City with reasonable access to financial records concerning
the expenditure of City Funds.
VI.
Withholding of Payment
The City shall retain the authority
to withhold any and all payments to the Independent Agency if, in the sole
judgment of the City, the proposed or continued use of the funds violates the
terms of this Agreement, any applicable law, or is contrary to the appropriate
use of public funds.
THE
UNDERSIGNED, DULY REPRESENTING LAWRENCE COMMUNITY SHELTER, INC., THE
INDEPENDENT AGENCY OF THIS AGREEMENT, HEREBY AGREES TO THE CONDITIONS OF THIS
AGREEMENT FOR THE RECEIPT, EXPENDITURE AND USE OF CITY FUNDS:
Signature: ____________________________________________
Print Name and Title: ____________________________________________
STATE OF
The foregoing Agreement was
acknowledged before me this ___________ day of ____________, 2007 by
__________________________________, representing
____________________________________ as the Independent Agency of this
Agreement. In testimony whereof, I have
hereunto set my hand and affixed my official seal on the day and year last
above written.
________________________
Notary
Public
My commission expires:
______________
THE
UNDERSIGNED FOR THE CITY OF
Signature: ___________________________________________________________
Print Name and Title: _____________________________________________________
STATE OF
The foregoing Agreement was
acknowledged before me this ___________ day of _____________, 2007 by
____________________, representing the City of Lawrence, Kansas. In testimony whereof, I have hereunto set my
hand and affixed my official seal on the day and year last above written.
____________________________
Notary
Public
My commission expires: _______________