HomeMy WebLinkAboutCultivateCulinary MOU_03_31_2020_final1
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (this “MOU”) is made on March 30, 2020
(“Effective Date”), by and between the Venues, Parks & Arts Department of the City of South Bend, Indiana,
by and through its Board of Park Commissioners (hereinafter the “City”) and Cultivate Culinary School and
Catering, Inc., a 501(c)(3) not-for-profit organization, with its principal place of business at 1403 Prairie
Avenue, South Bend, Indiana 46613 (hereinafter, “Cultivate”) (each a “Party,” and collectively the “Parties”).
RECITALS
A. Cultivate is a not-for-profit organization devoted to building a local network of food suppliers
with the goal of providing wholesome meals to the most vulnerable communities in northern Indiana.
B. Cultivate engages in two main programs, Food Rescue (i.e., taking never served food that
would be thrown away and turning it into frozen meals) and the Backpack Program (i.e., a program that
provides meals to children) (hereinafter collectively referred to as the “Program”).
C. Cultivate utilizes a network of volunteers to operate its Program.
D. Due to the COVID-19 outbreak, Cultivate needs individuals to assist in the operation of its
Program.
E. Personnel from the City’s Venues, Parks & Arts Department are available to fill this need.
NOW, THEREFORE, in consideration of the mutual promises and obligations stated in this MOU,
the adequacy of which is hereby acknowledged, the Parties agree as follows:
1. The City’s Venues, Parks & Arts Department will provide 16 employees (“City Personnel”) to
assist Cultivate with its Program for a period of time commencing on March 30, 2020 and
expiring no later than May 31, 2020.
2. The Parties agree that City Personnel will be utilized for two 4-hour shifts, which will take place
Monday through Wednesday, during the term of this MOU.
3. No-touch infrared thermometers will be utilized to take the temperature of all individuals prior
to the person being allowed on-site. If any person has an above normal range temperature the
individual will not be allowed onsite or promptly dismissed from the worksite.
4. Cultivate agrees to provide disposable gloves to all City employees while onsite and a facial mask
to any City employee so requesting while onsite.
5. Cultivate agrees to comply with all applicable COVID-19 Centers for Disease Control (“CDC”),
Occupational Safety and Health Administration (“OSHA”), and all other applicable federal, state
and local laws, regulations, and executive orders.
6. Cultivate hereby agrees to indemnify, defend, and hold harmless the City and its officials,
employees, and agents, from any and all claims of any nature which arise from Cultivate’s
performance under this MOU and from all costs and attorney fees in connection therewith, except
for claims arising out of the negligence or intentional acts or omissions of the City or its officials,
directors, employees, or agents. The obligations of Cultivate under this section shall survive the
termination of this MOU.
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7. Throughout the term of this MOU, Cultivate agrees to maintain insurance coverage, including
comprehensive commercial general liability, comprehensive vehicle liability, workers’
compensation and employer’s liability, in amounts that are commercially reasonable to protect
Cultivate and the City. The City shall be listed on the commercial general liability policy as an
additional named insured throughout the term of this MOU.
8. This MOU sets forth the entire agreement and understanding between the Parties as to the subject
matter hereof, and merges and supersedes all prior discussions, agreements, and understanding
of any and every nature between them. This MOU may be amended only by separate writing,
signed by authorized representatives of the Parties. This MOU shall be construed and interpreted
according to the laws of the State of Indiana, and any disputes arising out of this MOU will be
resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to
a different method of dispute resolution.
9. This MOU may be executed in two or more counterparts, each of which when so executed shall
be an original, but all of which together shall constitute one and the same instrument. Any
electronically transmitted version of a manually executed original shall be deemed a manually
executed original.
IN WITNESS WHEREOF, the Parties hereby execute this Memorandum of Understanding as of the
date stated above.
CITY OF SOUTH BEND, INDIANA CULTIVATE CULINARY SCHOOL &
BOARD OF PARK COMMISSIONERS CATERING, INC.
__________________________________ By: ______________________________
Mark Neal, President
__________________________________ Title: _____________________________
Consuela Hopkins, Vice President
__________________________________
Aimee Buccellato, Member
__________________________________
Dan Farrell, Member
ATTEST:
By: __________________________________
Eva Ennis, Clerk