COOPERATION AGREEMENT
THIS COOPERATION AGREEMENT (this “Agreement”) is made this ___ day of ____________, 2011, by and among the Secretary of Social and Rehabilitation Services for the State of Kansas, for and in the name of the Department of Rehabilitation Services and the State of Kansas (hereinafter referred to as “Secretary”), the City of Lawrence, Kansas (hereinafter referred to as “City”), and the Board of County Commissioners of Douglas, Kansas (hereinafter referred to as “County”).
WHEREAS, in an effort to reduce expenses and meet his budget for the State of Kansas Fiscal Year 2012, the Secretary has announced his plans to close the Lawrence SRS Office (hereinafter the “Lawrence Office”), currently located at 1900 and 1901 Delaware, Lawrence, Kansas.
WHEREAS, the City and County believe that closure of the Lawrence Office will have a far-reaching negative impact upon the City, County, State, and their residents and, as a result, seek to avoid closure of the Lawrence Office.
WHEREAS, the Secretary has agreed to keep the Lawrence Office open under the terms and conditions contained in this Agreement.
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties agree as follows:
1. Purpose. The parties enter into this Agreement to cooperate with each other, with the City and County providing the Secretary with temporary funding assistance that would keep the Lawrence Office open while providing substantially the same level of service out of the Lawrence Office.
2. Agreement of the City. The City agrees as follows:
a. The City agrees to provide temporary funding assistance to the Secretary the sum of $225,000, in 10 payments of $22,500. All payments shall be sent to 915 SW Harrison St., 6th Floor, Topeka, KS 66612-1354, or such other address as the Secretary may provide in the future.
b. The City agrees to make the foregoing funding assistance payments on February 1, 2012 and the first day of every other month (April 2012, June 2012, August 2012, October 2012, December 2012, February 2013, April 2013, June 2013, and August 2013) until the last payment is made on August 1, 2013; provided, however, that if any payment date is on a weekend, holiday, or other date that the State offices are not generally open for business, the City agrees to make payment on the next succeeding business day.
3. Agreement of the County. The County agrees to provide temporary funding assistance to the Secretary the sum of $225,000, in 10 payments of $22,500, payable on the same dates and at the same location as provided in Section 2.
4. Agreement of the Secretary. SRS agrees as follows:
a. The Secretary agrees not to close the Lawrence Office and to operate it at substantially the same level as current service through September 2013; provided, however, that if the City or County fail to comply with the temporary funding assistance provided for in Section 2 and Section 3, the Secretary shall have no continuing obligation to keep the Lawrence Office open through such date.
b. The Secretary agrees that if, during the term of this Agreement, the Kansas Legislature acts in a way to alleviate the need for local funding to keep the Lawrence Office open, the County and City are immediately released from any further temporary funding obligations.
c. The Secretary agrees that he prefers to keep the Lawrence Office open and operating at substantially the same level as current service from and after its fiscal year beginning July 1, 2013, without expecting further funding from the City or County (other than the temporary funding assistance payment provided for in Section 2 and Section 3 that is due August 1, 2013). The Secretary agrees that, in fiscal years beginning July 1, 2013 and thereafter, the Secretary will make a good faith effort to obtain adequate appropriations for that purpose.
5. Approval and Authorization. Each of the persons signing this Agreement warrants and represents that he or she is duly authorized to execute and deliver this Agreement on behalf of the party for whom he or she is signing.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective representatives, successors and assigns.
7. Counterparts. This Agreement may be executed in counterparts, all of which shall collectively consist of a single contract.
8. Applicable Law. This Agreement shall be governed and interpreted in accordance with the laws of the State of Kansas.
9. Effective Date. This Agreement shall take effect upon the date fully executed by all parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates stated below and made effective as of the Effective Date.
CITY: COUNTY:
By: _________________________ By: _________________________
Aron E. Cromwell, Mayor Jim Flory, Chair
Date: _________________________ Date: __________________________
ATTEST: ATTEST:
_____________________________ _____________________________
Jonathan M. Douglass, City Clerk Jameson D. Shew, County Clerk
SECRETARY:
Kansas Department of Social and
Rehabilitation Services
By: ________________________________
Robert Siedlecki, Secretary
Date: ________________________________