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Home My WebLink AboutMOU - Servces Related to Weather Amnesty for Chronically Homeless - Rescue Incorporated dba Hope Ministries1316 COUNTY -CITY BUILDING 9 ti71 PHONE 574/ 235-9251 227 W. JEFFERSON BOULEVARD I" % �' FAX 574/ 235-9171 SOI ITH BEND. INDIANA 46601-1 930 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDU LIC WORKS November 12, 2019 Mr. David J. Vanderveen Rescue Incorporated d/b/a Hope Ministries 432 S. Lafayette Blvd. South Bend, IN 46601 RE: Memorandum of Understanding Dear Mr. Vanderveen: The Board of Public Works, at its meeting held on November 12, 2019, approved the above referenced memorandum related to weather amnesty in the amount of $152,024. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU MEMORANDUM 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 South Bend, Indiana (the "City") acting by and through its Board of Public Works ("BPW") and Rescue Incorporated d/b/a Hope Ministries ("Hope") on the 12th day of November 2019 (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, 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 2019-20 winter season (the "Weather Amnesty Period"); and WHEREAS, the City supports the weather amnesty efforts of Hope with financial contributions and access to a suitable building; and WHEREAS, the City acquired a building located at 510 South Main Street within the City for use as a weather amnesty location (the "Building"), which is being outfitted to serve weather amnesty purposes during the Weather Amnesty Period; and WHEREAS, the City desires again to promote and support Hope's weather amnesty efforts during the Weather Amnesty Period by authorizing Hope to use the Building and donating funds (the "City Funds") to reimburse Hope for certain expenditures related to staffing and operating the weather amnesty location, as set forth on the attached Exhibit - (the "Permitted Expenditures"); and WHEREAS, BPW has determined that authorizing Hope to use the Building and donating the City Funds to Hope for the Permitted Expenditures during the Weather Amnesty Period 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: I. TERM This Agreement shall commence on November 1, 2019 (the "Effective Date") and continue until May 1, 2020. H. GENERAL TERMS BPW shall authorize a donation of the City Funds to Hope in an amount not to exceed One Hundred Fifty Two Thousand Twenty Four Dollars ($152,024.00), (the "Donation Amount"), an amount determined by the projected budget attached hereto as Exhibit B. The Donation amount shall be all to be used for the Permitted Expenditures. The Donation Amount is based upon historic operating costs of weather amnesty locations determined by reimbursement submissions therefor. In the event that the costs of staffing and operating the Building during the Weather Amnesty Period are projected to exceed the Donation Amount, Hope shall notify the BPW Representative (as defined below) as soon as practicable, and the parties may mutually determine whether an amendment to this Agreement shall be required, including, but not limited to, the Donation Amount. Any portion of the Donation Amount not used or claimed for reimbursement by June 30, 2020 shall be subject to revocation by the City. III. RESPONSIBILITIES OF THE CITY a) BPW authorizes Hope to use the Building during the Term for weather amnesty purposes. b) In furtherance of Hope's weather amnesty purposes during the Weather Amnesty Period, the City will provide the services to the Building as set forth on Exhibit C (the "City Services"). c) 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 Exhibit D (the "Reimbursement Requests"). d) 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. e) The City agrees to obey all applicable local, state, and federal laws and regulations. IV. RESPONSIBILITIES OF HOPE a) Hope shall use the Building and the City Services during the Weather Amnesty Period solely for weather amnesty -related purposes. b) 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, 2020. c) Hope shall provide the City with a reasonable manner in which the City shall provide the Donation Amount related to all accepted Reimbursement Requests. d) 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. e) 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 D/B/A HOPE MINISTRIES By: .. Printed: �)�� V r Its: ZCec Ale_ 0/,� e ciiJd CITY OF SOUTH BEND, INDIANA ACTING BY AND THROUGH ITS BOARD OF PUBLIC WORKS Gary Gilot, President.....................................................�.. �W� ...�n __ Therese Dorau, Member i �....:... _ .Aw . .. Elizabeth Maradik, Member O'Sullivan, Member ATTEST: hda" Martin, Clerk EXHIBIT A Permitted Expenses Hope will arrange, provide, and/or pay for the following services at the Building during the Weather Amnesty Period for reimbursement by the City: 1. Staff, including payment of payroll taxes and workers compensation insurance; and 2. Janitorial services; and 3. Laundry; and 4. Snow removal inside private courtyard; and 5. Dumpster and trash removal services; and 6. Mats, blankets, and other comfort items for guests. EXHIBIT B Rescue Incorporated d/b/a Hope Ministries Projected 2019-20 Weather Amnesty Budget EXHIBIT C City Services The City will directly arrange, pay for, and/or supply the following services to the Building: 1. Gas, water, sewer, electric, and internet services; and I Snow removal around the exterior of the Building. EXHIBIT D Form of Reimbursement Request Original Timeframe 11/1/19 to 4/1/2020; add'I wks cost noted 4/1/20- Weather Amnesty Costs To Be Paid By City below 4/30/20 Direct Staff hired for WA 43,508 Coaching staff Supervisor 8,400 Executive Director 7,250 Volunteer Coordinator 3,040 Janitorial staff 4,800 HR Staff 2,580 Payroll Taxes 5,32.3 Workers Compensation 714 Sub -Total Staffing 75,615 13,748 Liability Insurance 1000 Mats 1,066 Blankets 493 Phone/internet 541 100 Waste Removal 781 145 Snow Removal 800 145 Laundry 30,000 5370 Security 18,600 3120 Sub -Total Operations 52,281 9,880 Code m 1 clean-up 500 Food Sub -Total Other 500 0 TOTAL COST For 11/1/19-4/1/20 128,396 Total Cost w/add'I 2 months Oct/April 23,628 TOTAL OPERATIONS COST 11/1/19-5/1/20 152,024 REIMBURSEMENT REQUEST Pursuant to the Memorandum of Understanding, dated November 12, 2019 (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 Dollars ($.,—........................_......�._•00 o reimburse of the remainder of the Donation Amount t Hope for its Permitted Expenditures (as defined in the MOU) evidenced by the documents attached hereto as Exhibit l (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 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 REIMBURSEMENT RE WSJ Supporting Documents [See attached.] BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/05/19................................... m..� �._.w—. Name Pam Me er Department DCI ........................................��...�.e........................................._.. _ ... W. �.� .... BPW Date 11/12/19 Phone Extension 6209 mw�a�rcaanaw;�vanvu v aus,�Gl nmm r�wrv�°,.�-,,..._,aru�w�awwa�,�rtrwrs �;u!�, � �ryam �uumHiHiHuuumwuu�va �t� ruuuuuuuuuuuuuuuuuuuu��uwu��r�r�rrr,��s,.^.,.-�,�i�,v�mvm�rvrcum�rvmu�rvmrr" ... �uwo�u wmmu�uwww. +<w�..Ww� �,yi�ui�wz�a. oPrior i r �.Submittal ..�..to�.. - ��. uired toBoard Attorney Name Clara Daniels W Attorney . �..�� ® � ..... —..... m m Dept. Attorney ® Attorney Name Purchasing `❑ Michael Schmidt Check the Ao —or opri—at e Item Tvn LI Professional Services Agreement LJ Contract Sandra Kennedy ❑ Open Market Contract ❑]I Amendment/Addendum ❑ Bid Opening 0 Bid Award El Quote Opening ❑ Quote Award 0 Proposal Opening 0 C/O & PCA No. Fj Chg. Order, No. E] Traffic Control issions LJ Proposal 0 Special Purchase, QPA Req. to Advertise ❑ Title Sheei E] Reject Bids/Quotes []' PCA F-1 Resolution Other MOU Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description $152,024.00 11/l/19-5/I/20 Providing services related to weather amnesty for chronically homeless ��._... �a... Only ...:: increase or Chi rders....... . ' �... .. Amount of � $ i s O _n. �m. ..... Decrease ($ Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase % Decrease ( % Increase % Decrease ( %