AGREEMENT FOR THE USE OF CITY SPECIAL ALCOHOL FUNDS
THIS AGREEMENT FOR THE USE OF CITY SPECIAL ALCOHOL FUNDS is made this ___ day of _____________________, 20___, by and between the City of Lawrence, Kansas, a municipal corporation, and Lawrence Community Shelter, Inc., a Kansas not for profit corporation.
RECITALS
A. The City of Lawrence, Kansas (“City”), a municipal corporation, established the Social Service Funding Advisory Board in Chapter 1, Article 14 of the City Code to make certain recommendations to the Governing Body regarding the Special Alcohol and Drug Abuse Fund and the General Fund.
B. On March 6, 2018, the Governing Body authorized City Staff to solicit funding requests to use funds from the Special Alcohol and Drug Abuse Fund to finance programs that address one or more of the criteria outlined in Charter Ordinance No. 33 and the General Fund to finance social service agency programs.
C. At its August 28, 2018, meeting, the Social Service Funding Advisory Board recommended that the Governing Body approve proposals from eleven (11) not-for-profit agencies that would leverage $787,000.00 from the Special Alcohol Fund.
D. At its November 6, 2018, regular meeting, the Governing Body approved the recommendation of the Social Service Funding Advisory Board and authorized the City Manager to enter into an agreement with Lawrence Community Shelter, Inc. (“Grantee”), a Kansas not for profit corporation, whereby Grantee would receive a grant from the Special Alcohol and Drug Abuse Fund in the amount of $89,000.00.
E. The application for funds, as approved and amended by the Governing Body, states that the funds will be used to fund Case Management (“the Project”). The Project proposes to achieve the following outcomes: 25% of guests served will find permanent housing; help 90% of guests maintain their housing; and, provide cold weather sheltering for 100 unsheltered persons over the winter months.
F. This Agreement memorializes the terms of such Agreement and grants to Grantee the sum of $89,000.00 from the Special Alcohol and Drug Abuse Fund for completion of a portion of the Project, subject to Grantee’s execution of this Agreement and compliance with its terms.
NOW, THEREFORE, in light of the mutual promises and obligations contained herein, and in exchange for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:
TERMS
SECTION 1. Grant of Funds. In consideration of its completion of its portion of the project, the City hereby grants to Grantee the sum of EIGHTY-NINE THOUSAND DOLLARS AND NO CENTS ($89,000.00).
SECTION 2. Grantee’s Covenants. As consideration for the receipt of the grant of funds, Grantee agrees and covenants that it will expend said funds in accordance with:
(a) All applicable federal, state, and local laws; and
(b) The recommendation of the Social Service Funding Advisory Board, as approved by the Governing Body, which provides that said funds will be used to complete the Grantee’s Project outcomes.
SECTION 3. Disbursement of Funds.
(a) The Grantee shall, in writing, request the disbursement of funds on Grantee’s official letterhead.
(b) The Grantee’s total allocation shall be paid by the City by March 1, 2019.
(c) In accordance with the Kansas Cash-Basis Law of 1933, codified as amended at K.S.A. 10-1101 et seq., the city retains the right to unilaterally adjust the amount of the disbursement if the Governing Body determines that insufficient public funds exist to fully fund Grantee at level set forth in this agreement.
SECTION 4. Reporting Requirements.
(a) The Grantee shall deliver a final report to the Governing Body at the completion of the Project, which shall outline what was accomplished with the outlay of City funds. The final report shall be due February 15, 2020.
(b) The Grantee agrees to comply with K.S.A. 45-240, which requires not-for-profit entities receiving public funds to document and make available the receipt and expenditures of such funds.
SECTION 5. Retention and Access to Records.
(a) The Grantee will give the City or any other authorized representatives of the City access to and the right to examine all records related to the expenditure of City funds.
(b) The Grantee shall keep financial records and all other records pertaining to the Project being funded for a minimum of three (3) years.
(c) The City may, at its sole option, conduct an audit related to this funding agreement.
(d) The Grantee shall, upon the City’s request, make its records, employees, and property available to the City, promptly.
SECTION 6. Withholding of Payment. The City shall retain the authority to withhold any and all payments to the Grantee if, in the sole judgement 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.
SECTION 7. Term. This Agreement will terminate upon Grantee’s delivery of the final report or upon the joint agreement of the parties, whichever occurs earlier.
SECTION 8. Compliance with Equal Opportunity Laws, Regulations, and Rules.
(a) Grantee agrees that it shall comply with all provisions of the Kansas Acts Against Discrimination of 1953 (“KAAD”), codified as amended at K.S.A. 44-1001 et seq., and the Kansas Age Discrimination in Employment Act of 1983 (“KADEA”), codified as amended at K.S.A. 44-1111 et seq. and shall not discriminate against any person, in the course of performing under this Agreement, because of that person’s race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, disability, or gender identity.
(b) In all solicitations or advertisements for employees, Grantee shall include the phrase “equal opportunity employer,” or a similar phrase to be approved by the Kansas Human Rights Commission (“KHRC”).
(c) In any subcontract, grantee agrees to include the language of this Section applicable to any subcontractor hereunder.
(d) Grantee also agrees to comply with the American with Disabilities Act of 1990 (“ADA”), codified as amended at 42 U.S.C. § 12101 et seq., as well as all other federal, state, and local laws, ordinances, rules, and regulations applicable to this project and to furnish any and all certification that may be required by federal, state, or local governmental agencies in connection therewith.
(e) If Grantee is found guilty or liable for any violation of the KAAD, the KADEA, the ADA, or Chapter 10 of the City Code by the KHRC or any investigating body, then Grantee shall be deemed to have breached the present Agreement.
SECTION 9. Indemnification. Grantee agrees to defend, indemnify, and otherwise hold harmless the City, its commissioners, officers, employees, and agents from any and all claims, actions, damages, costs, liabilities, settlements, judgments, expenses, or lawsuits, including attorneys’ fees, but only to the extent that such are caused by Grantee’s breach of this Agreement or by Grantee’s negligence in performing the Project.
SECTION 10. Entire Agreement.
(a) This Agreement represents the entire and integrated agreement between the City and Grantee and supersedes all prior negotiations, representations, or agreements between the parties, whether written or oral. This Agreement may be amended only by a written instrument signed by both the City and the Grantee.
(b) No oral orders, objections, claims, or notices by any party to the other shall affect or modify any of the terms or obligations set forth in this Agreement; and none of its provisions shall be deemed waived or modified by reason of any act whatsoever, other than by a definitely agreed waiver, modification, or amendment made in writing and signed by both parties.
SECTION 11. Assignment. This Agreement is non-assignable by the Grantee or by the City.
SECTION 12. Authorizations. Each person executing this Agreement in behalf of the City and Grantee hereby represents and warrants that he or she has the authority to bind his or her respective party hereto and that all acts requisite to confer authorization to enter into this Agreement have been taken and completed.
SECTION 13. Independent Contractor. In no event, while performing under this Agreement, shall Grantee, its officers or principal, its employees, its agents, its subcontractors, or its vendors be deemed to be acting as an employee or as employees of the City; rather, Grantee, its officers or principal, its employees, its agents, its subcontractors, and its vendors shall be deemed to be an independent contractor or independent contractors. Nothing expressed herein or implied herein shall be construed as creating between Grantee and the City the relationships of employer and employee, principal and agent, a partnership, or a joint venture.
SECTION 14. Captions. The Captions of this Agreement are for convenience only and are not meant by the parties to define, limit, or enlarge the scope of this Agreement or its terms.
SECTION 15. Recitals. The recitals set forth at the beginning of this Agreement are adopted and incorporated herein by reference as if set forth in full and shall be effective as if repeated verbatim.
SECTION 16. Governing Law. This Agreement, the rights and obligations of the parties, and any claim or dispute arising hereunder shall be construed in accordance with the laws of the State of Kansas.
SECTION 17. Severability. In the event that any provision of this Agreement shall be held invalid and unenforceable, the remaining portions of this contract shall remain valid and binding upon the parties.
[SIGNATURE PAGES FOLLOW]
IN WITNESS WHEREOF, the undersigned have caused this Agreement for the Use of City Special Alcohol Funds to be executed as of the date noted above.
CITY:
City of Lawrence, Kansas, a municipal corporation
________________________________
CASEY TOOMAY
Assistant City Manager
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of ____________________, 20___, before me the undersigned, a notary public in and for the County and State aforesaid, came Casey Toomay, as Assistant City Manager of the City of Lawrence, Kansas, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires:
GRANTEE:
Lawrence Community Shelter, Inc., a Kansas not for profit corporation
Signature: ________________________
Printed Name: _____________________
Title: ____________________________
ACKNOWLEDGMENT
THE STATE OF KANSAS )
) ss:
THE COUNTY OF DOUGLAS )
BE IT REMEMBERED, that on this ____ day of ____________________, 20___, before me the undersigned, a notary public in and for the County and State aforesaid, came __________________, as ________________ of Lawrence Community Shelter, Inc., a Kansas not for profit corporation, who is personally known to me to be the same person who executed this instrument in writing, and said person fully acknowledged this instrument to be the act and deed of the aforementioned entity.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last written above.
________________________________
Notary Public
My Appointment Expires: