AGREEMENT
FOR THE USE OF CITY GENERAL FUNDS
This
Agreement is entered into between the
City of Lawrence, Kansas, a municipal corporation (hereafter “City”) and Lawrence Douglas County Housing Authority
(hereafter the “Independent Agency”), on this ___________ day of
_______________________ 2008, 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 $13,192
during City budget year 2009, the Independent Agency hereby agrees to use and
expend all such funds pursuant to:
A.
All applicable federal, state, and local laws;
B.
The
application for funds, as approved and amended by the City Commission, which
states the funds will be used toward meeting the following program objectives:
1. Develop and
implement the Housing Connection by;
a. creating and
maintaining a database to track housing units available and connect individuals
with those units;
b. track case
managers with individuals in units;
c. solicit and
grow housing inventory for the vision;
d. offer technical
assistance for donors of units-leases, contracts, etc.
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
First half of funds will not be disbursed
before April 1, 2009 and second half of funds will not be disbursed before
October 1, 2009.
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 on or after March 1, 2009;
b)
A
request for the remaining fifty percent (50%) of the Independent Agency’s total
allocation shall be submitted on or after September 1, 2009.
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, 2009.
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
II.
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, 2009 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 by August
1, 2010:
1.
IRS
Form 990 (i.e. copy of Federal Tax Return for 2009) 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.
III.
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 THE
Signature: _________________________________________________________________
Print Name and Title: ___________________________________________________________
STATE OF
The foregoing
Agreement was acknowledged before me this ___________ day of ____________, 2008
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:
_______________________________________________________________
Printed Name and Title:
Casey Toomay, Budget Manager
STATE OF
The foregoing
Agreement was acknowledged before me this ___________ day of _____________, 2008
by
____________________________
Notary Public
My commission expires:
_______________