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MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND <br />OUR LADY OF THE ROAD 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 Our Lady of the Road Inc. ("Our Lady") on the 19th day of December 2019. <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, Our Lady 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, Our Lady will operate a daytime warming <br />and cooling center located at 744 S. Main Street within the City for the benefit of the City's <br />homeless population (the "Relief Center"); and <br />WHEREAS, the City desires to promote and support Our Lady's Relief Center by donating <br />funds (the "City Funds") to Our Lady for certain expenditures related to staffing and operating <br />the warming and cooling center; and <br />WHEREAS, BPW has determined that donating the City Funds to Our Lady for the Relief <br />Center constitutes a valid public purpose and will serve the interests of the City's residents; and <br />NOW, THEREFORE, BPW and Our Lady do hereby mutually agree as follows: <br />I. GENERAL TERMS <br />BPW shall authorize the donation of the City Funds to Our Lady in an amount not to <br />exceed Twenty -One Thousand Ninety -Four Dollars ($21,094.00), (the "Donation Amount"), for <br />the purposes funding two (2) months of operating expenses for the Relief Center. The Donation <br />Amount shall be used for the payment of employee salaries, benefits, and taxes, as well as utility <br />costs and supplies. <br />II. RESPONSIBILITIES OF THE CITY <br />a) The City, through BPW, will authorize and provide the Donation Amount to Our <br />Lady, which will be paid to Our Lady as soon as practicable after the approval of <br />this Agreement. <br />b) The City agrees to obey all applicable local, state, and federal laws and <br />regulations. <br />