MOU - Providing Food Products to Area Food Banks and Other Non-Profits in Response to COVID-19 Pandemic - Stanz Foodservice

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MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND, INDIANA AND STANZ FOODSERVICE, INC. is made and executed between the City of South Bend Board of Public Works (BPW and Stanz Foodservice, Inc., an Indiana corporation Stanz on the 1st day of April, 2020 (the "Effective Date"). WHEREAS, BPW exists and operates in accordance with the laws of the State of Indiana and the South Bend Municipal Code; and WHEREAS, Stanz is an Indiana corporation with an address of 1840 N. Commerce Dr., South Bend, Indiana 46628; and WHEREAS, on March 6, 2020, Governor Holcomb declared a public health emergency due to the spread of COVID-19 within the State of Indiana; on March 11, 2020, the World Health Organization declared COVID-19 a global pandemic; and on March 13, 2020, President Trump declared a national emergency due to COVID-19; and WHEREAS, locally, on March 11, 2020, the first confirmed case of COVID-19 was announced in St. Joseph County, Indiana, and on March 19, 2020 Mayor Mueller issued Executive Order 01-2020 declaring a local disaster emergency; and WHEREAS, on March 23, 2020 the City's Common Council passed Resolution 4846-20, extending Mayor Mueller's emergency declaration and passed Special Appropriation Ordinance 10713-20, which appropriated funds for use by the City during the COVID-19 emergency (the "Emergency Funds"); and WHEREAS, the City's administration has determined that food security is one of the most critical basic human needs during the COVID-19 crisis; and WHEREAS, the City understands that many local non-profit social service providers, including but not limited to REAL Services, Inc., Cultivate Culinary School and Catering, Inc., Food Bank of Northern Indiana, Inc. and certain non-profit providers that serve the homeless (the "Food Providers"), obtain their food supplies from Stanz, which is a well-established, locally owned business; and WHEREAS, the City has determined that the use of a portion of the Emergency Funds to offset the cost of food to such Food Providers during the COVID-19 pandemic constitutes a valid public purpose and will serve the interests of the City; and NOW, THEREFORE, BPW and Stanz do hereby mutually agree as follows: I. RECITALS The Recitals are hereby incorporated into and made a part of this Agreement. 1