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MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND <br />THE CENTER FOR THE HOMELESS, INC. <br />This Memorandum of Understanding (this "Agreement") is made and executed between the <br />City of South Bend, Indiana (the "City") acting by and through its Board of Public Works <br />("BPW") and The Center for the Homeless, Inc. ("CFTH") on the 12th day of November 2019 <br />(the "Effective Date"). <br />WHEREAS, BPW exists and operates in accordance with the laws of the State of Indiana <br />and the South Bend Municipal Code; and <br />WHEREAS, CFTH is an Indiana non-profit corporation and is qualified as a tax-exempt <br />entity under Section 501(c)(3) of the Internal Revenue Code; and <br />WHEREAS, as a part of its charitable mission, CFTH will manage a weather amnesty <br />location within the City for the benefit of the City's homeless population during the 2019-20 <br />winter season (the "Weather Amnesty Period"); and <br />WHEREAS, the City wishes to support the weather amnesty efforts of CFTH with financial <br />contributions during the Weather Amnesty Period; and <br />WHEREAS, BPW has determined that donating the funds to CFTH during the Weather <br />Amnesty Period constitutes a valid public purpose and will serve the interests of the City's <br />residents; and <br />NOW, THEREFORE, BPW and CFTH do hereby mutually agree as follows: <br />I. TERM <br />This Agreement shall commence on October 1, 2019 (the "Effective Date") and continue <br />until May 1, 2020. <br />II. GENERAL TERMS <br />BPW shall authorize a donation to CFTH in an amount not to exceed Ninety -Three <br />Thousand Seven Hundred Sixty Dollars ($93,760.00), (the "Donation Amount"), an amount <br />determined by the projected budget attached hereto as Exhibit A. The Donation amount shall be <br />used for the staffing and operation of a weather amnesty location by CFTH. Any portion of the <br />Donation Amount not used or claimed for reimbursement by June 30, 2020 shall be subject to <br />revocation by the City. <br />III. RESPONSIBILITIES OF THE CITY <br />a) The City, through BPW, will authorize and provide the Donation Amount to <br />CFTH in the form of reimbursements, which will be paid upon the submission <br />