HomeMy WebLinkAboutMemorandum of Understanding - Rescue Incorporated dba Hope Ministries - 2018-2019 Weather Amnesty SupportMEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND
RESCUE INCORPORATED D/B/A HOPE MINISTRIES
This Memorandum of Understanding (this "Agreement") is made and executed between the
City of SOLIth bend, Indiana (the "City") acting by and through its Board off" blic Works
("BPW") and fescue Incorporated d/b/a Flope Ministries ("Ilope") oil the day of
November, 2018,.
WHEREAS, BPW exists and operates in accordance with the laws of the State of Indiana
and the South Bend Municipal Code; and
WHEREAS, Hope is an Indiana non-profit corporation and is qualified as a tax-exempt
entity under Section 501(c)(3) of the Internal Revenue Code; and
WHEREAS, as a part of its charitable mission, Hope will manage a weather amnesty
location within the City for the benefit of the City's homeless population during the 2018-19
winter season; and
WHEREAS, the City supports the weather amnesty efforts of Hope with financial
contributions; and
WHEREAS, in 2016, the City donated One Hundred Twenty-five Thousand Dollars
($125,000) toward the weather amnesty location ("2016 Donation"), at which time, Hope
purchased a building to be used temporarily as a weather amnesty site during the winter seasons
of 2016-17 and 2017-18 (the "Building"); and
WHEREAS, Hope is in the process of selling the Building and will reinvest a portion of the
proceeds of the Building's sale in its weather amnesty program operations, as well as reserving a
portion for a gateway center; and
WHEREAS, approximately Twenty -Two Thousand Three Hundred Ninety -One Dollars
($22,391.00) remains from the 2016 Donation, which amount will be used for Hope's weather
amnesty needs during the 2018-19 winter season; and
WHEREAS, the weather amnesty program needs additional support to defray expenses
arising from the lease of a new building in the City in which to carry out the program, obtaining
necessary permits and approvals for the building and its use, and outfitting the building in order
to serve the weather amnesty purposes (collectively, the "Permitted Expenditures"); and
WHEREAS, the City desires again to promote and support Hope's weather amnesty efforts
during the 2018-19 winter season by donating certain additional funds (the "City Funds") to
reimburse Hope for the Permitted Expenditures; and
WHEREAS, BPW has determined that donating the City Funds to Hope for weather
amnesty purposes during the 2018-19 winter season constitutes a valid public purpose and will
serve the interests of the City's residents; and
NOW, THEREFORE, BPW and Hope do hereby mutually agree as follows:
2019.
I. TERM
This Agreement shall be effective on November 14, 2018 and continue until June 30,
II. GENERAL TERMS
BPW shall authorize a donation of the City Funds to Hope in addition to the remaining
2016 Donation in an amount not to exceed One Hundred Five Thousand Dollars ($105,000.00),
for a total donation amount not to exceed One Hundred Twenty -Seven Thousand Three Hundred
Ninety -One Dollars ($127,391.00) (together, the "Donation Amount"), all to be used for the
Permitted Expenditures. Any portion of the Donation Amount not used or claimed for
reimbursement by June 30, 2019 shall be subject to revocation by the City.
III. RESPONSIBILITIES OF THE CITY
a) The City, through BPW, will authorize and provide the Donation Amount to Hope
in the form of reimbursements, which will be paid upon the submission and
approval of written submissions in the form attached hereto as Exh it_ , (the
"Reimbursement Requests").
b) The City, through BPW, appoints Pam Meyer of the City's Department of
Community Investment (the `BPW Representative") to accept or reject the
Reimbursement Requests, in whole or in part, conditionally or unconditionally, as
she determines in her sole discretion.
c) The City agrees to obey all applicable local, state, and federal laws and
regulations.
IV. RESPONSIBILITIES OF HOPE
a) Hope shall submit Reimbursement Requests to the BPW Representative in a
timely manner, and all submissions shall be filed with the BPW Representative
prior to June 30, 2019.
b) Hope shall provide the City with a reasonable manner in which the City shall
provide the Donation Amount related to all accepted Reimbursement Requests.
c) Hope shall not discriminate against any person seeking to use the weather
amnesty program, nor will it use any portion of the Donation Amount to advance
or facilitate its religious activities or the religious activities of any other
organization.
d) Hope agrees to obey all applicable local, state, and federal laws and regulations.
IV. ASSIGNMENT
Neither party may assign this Agreement without first obtaining written consent from the
other party.
V. ILLEGALITY
If any provision of this Agreement is found by any court of competent jurisdiction to be
illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected thereby,
and in lieu of any provision that is found to be illegal, invalid, or unenforceable, there will be
added as part of this Agreement a provision as similar to such illegal, invalid, or unenforceable
provision as may be possible and be legal, valid, and enforceable.
VI. ENTIRE AGREEMENT
This document contains the entire agreement between the parties regarding the issue of
financial support for Hope's weather amnesty program and supersedes all prior negotiations,
representations, or agreements, either written or oral, regarding the sole issue of financial support
for Hope's weather amnesty program. This Agreement shall not be amended or modified except
by written instrument signed by both parties.
VII. GOVERNING LAW
This Agreement shall be governed by the laws of the State of Indiana and venue shall be
in St. Joseph County, Indiana.
IN WITNESS WHEREOF, the parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures hereby agree to its terms.
SIGNATURE PAGE FOLLOWS
RESCUE INCORPORATED DB/A
HOPE ARNISTRIES
Printed: �'od� �Vl4e'
Its;CGu
CITY OF SOUTH BEND, INDIANA
ACTING BY AND THROUGH ITS
BOARD OF PUBLIC WORKS
..................... . . . . . . . .
Gary Gikif, President
Therese Dora ° "ember
Sti:�ian—iva °rmtzbe i{g, .Member
Elizabeth Maradik, Member
James Mueller, Member
ATTEST:
1 inda Martin, Clerk
EXHIBIT A
Form of
Reimbursement Request
REIMBURSEMENT REQUEST
Pursuant to the Memorandum of Understanding, dated y , 2018
(the "MOU"), between the City of South Bend, Indiana (the "City"), acting by and through its
Board of Public Works (the "BPW") and Rescue Incorporated d/b/a Hope Ministries ("Hope"),
the City donated the Donation Amount (as defined in the MOU) to Hope to be used in furtherance
and support of Hope's weather amnesty efforts. In accordance with the terms of the MOU, Hope
hereby requests that the BPW Representative, acting by the authority granted in the MOU, approve
the disbursement to Hope of ....,.. �mmm„ Dollars
00) of the remainder of the Donation Amount ount to reimburse Hope for its
Permitted Expenditures (as defined in the MOU) evidenced by the documents attached hereto as
:Exhibit I (the "Supporting Documents"). In submitting this request, Hope hereby warrants and
agrees as follows:
1. Hope has incurred the following expenses, which are reflected in the Supporting
Documents, solely for purposes of advancing Hope's weather amnesty efforts and not for
advancing or facilitating Hope's religious activities or the religious activities of any other
organization:
2. Hope waives and releases any and all present and future liabilities of and claims
against the City, the BPW, or any of their respective officers, agents, employees,
successors, or assigns (collectively, the "City Parties") related to or arising out of the
donation of the City Funds to Hope or Hope's use of the remainder of the 2016 Donation
and/or the City Funds. Hope agrees to indemnify and hold the City Parties harmless from
any liability, loss, costs, damages, or expenses, including attorneys' fees, which the City
Parties may suffer or incur as a result of any claims or actions brought by any person or
entity arising out of the donation of the City Funds to Hope or the use, occupancy, or
condition of any real or personal property acquired by Hope using the City Funds. If any
such claim or action is brought against any of the City Parties, Hope will defend such action
or proceedings at its own expense and pay any judgment rendered therein.
The undersigned represents and warrants that he or she is duly authorized to execute this
instrument on Hope's behalf and to bind Hope to its terms. Further, the undersigned affirms, under
penalties of perjury, that the statements contained in this instrument are true and accurate.
RESCUE INCORPORATED,
doing business as Hope Ministries,
an Indiana non-profit corporation
By:
Printed:
Its:
Date:
EXHIBIT 1
TO
REIN' BURSEME ,r REQUEST
Supporting Documents
[See attached.]
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date November 16, 2018
Meyer Department DCI
Name Pam �........................,. -......................................--...�.................................
BPW Date November 27, 2018 Phone Extension 5845���
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Required Prior to Submittal to Board
.... ..... .........W ........w
Legal Attorney Name Sandra Kennedy
Controller M Controller review is required for all Contracts $5,000.00 or more anc
greater than one year in length per the City Purchasing Policy
Purchasing]
.�.,.,.. Check._.
the
M Agreement
❑ Professional Services
❑ Bid Opening
El Quote Opening
[' Change Order No.
❑ Ease/Encroach.
Other:
)ro nate Item T — Re i
El Contract
El Resolution
El Bid Award
Quote Award
C/O & PCA No.
Traffic Control
for All Submissions
Proposal (Addendum
❑ Req. to Advertise ❑ Title Sheet
Riegyired Information
❑ PCA
Company or Vendor Name Rescue Incorporated D/B/A Hope Ministries ._.....
New Vendor
Yes Z No [:] If Yes, Approved by Purchasing
MBE/WBE Contractor
MBE [-1 WBE
Project Name
2018/19 Weather Amnesty Support
Project Number
1
$22,391 from EDIT 408 (16J013)
P.. ...
Funding Source
...�.....,..,. ��A......
_$36,000 from Gift 227.120.415.39.89
Account No.
$69,000 from mm.. �a ..... �� .. _....w.
EDIT�
408 16JV03
Amount$
....................................... �._.................................. ��... _�......................
127,391.00
Terms of Contract
11/14/19-June 302019
Purpose/Description
_
Support for various costs related to weather amnesty services
El Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E Vermfym,_Iran, etc. _____ .
P e aired For Change Orders ON
Amount of
increase $
Decrease $
Previous Amount
$