HomeMy WebLinkAboutMOU - Assist with Costs for Staffing & Supplies for Day Warming Center - Our Lady of the RoadCOPY
MEMORANDUM OF UNDERSTANDING
BETWEEN THE SOUTH BEND BOARD OF PUBLIC WORKS AND
OUR LADY OF THE ROAD INC.
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 Our Lady of the Road Inc. ("Our Lady") on the 24th day of March 2020.
WHEREAS, BPW exists and operates in accordance with the laws of the State of Indiana
and the South Bend Municipal Code; and
WHEREAS, Our Lady 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, Our Lady will operate a daytime warming
and cooling center located at 744 S. Main Street within the City for the benefit of the City's
homeless population (the "Relief Center"); and
WHEREAS, the City previously provided a donation in the amount of Twenty -One
Thousand Ninety -Four Dollars ($21,094.00) to Our Lady in an Agreement dated December 19,
2019 to provide for two months of operating expenses for the Relief Center, with the
understanding that the City would consider a further donation for the operation of the Relief
Center in the event that Our Lady was unable to secure full funding from donations from the
community; and
WHEREAS, Our Lady was only able to secure partial funding from the community for the
operation of the Relief Center; and
WHEREAS, the City desires again to promote and support Our Lady's Relief Center by
donating funds (the "City Funds") to Our Lady for certain expenditures related to staffing and
operating the warming and cooling center; and
WHEREAS, BPW has determined that donating the City Funds to Our Lady for the Relief
Center constitutes a valid public purpose and will serve the interests of the City's residents; and
NOW, THEREFORE, BPW and Our Lady do hereby mutually agree as follows:
I. TERM
This Agreement shall commence effective March 1, 2020 (the "Effective Date") and
continue until May 1, 2020.
II. GENERAL TERMS
BPW shall authorize the donation of the City Funds to Our Lady in an amount not to
exceed Sixteen Thousand Dollars ($16,000.00), (the "Donation Amount"), an amount
determined y the projected budget attached hereto as Exhbt,A. The Donation Amount shall be
used to fund two (2) months of operating expenses for the Relief Center, including the payment
of employee salaries, benefits, and taxes, as well as utility costs and supplies. Our Lady shall
receive the Donation Amount as a reimbursement for expenses paid in accordance with the terms
set forth herein. 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) The City, through BPW, will authorize and provide the Donation Amount to Our
Lady, which will be paid to Our Lady upon the submission and approval of
written submissions in the form attached hereto as Exhibit BB (the
"Reimbursement Requests").
b) The City, through BPW, appoints Pamela 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.
III. RESPONSIBILITIES OF OUR LADY
a) Our Lady 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.
b) Our Lady shall provide the City with a reasonable manner in which the City shall
provide the Donation Amount to Our Lady.
c) Our Lady shall not discriminate against any person seeking to use the Relief
Center, 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) Our Lady 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 Our Lady's Relief Center and supersedes all prior negotiations,
representations, or agreements, either written or oral, regarding the sole issue of financial support
for Our Lady's Relief Center. 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.
SIGNATURE PAGE FOLLOWS
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.
OUR LADY OF THE ROAD INC.
By:_.. _ �....:�/ _..__
Printed: Margaret Pfeil
Its: Board Secretary
.........................................................................
CITY OF SOUTH BEND, INDIANA
ACTING BY AND THROUGH ITS
BOARD OF PUBLIC WORKS
BOARD OF PUBIAC W ORKS
Elizabeth A. M..dih, M—b.,s
lb --I Dorn Meanbc�
lard Gnlhm• M—br
T— hR Mdnn� l-1.
A IT" L:
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EXHIBIT A
Our Lady of the Road Inc.
Projected Budget March/April/May 2020
EXHIBIT B
Form of Reimbursement Request
REIMBURSEMENT REQUEST
Pursuant to the Memorandum of Understanding, dated March 24, 2020 (the "MOU"),
between the City of South Bend, Indiana (the "City"), acting by and through its Board of Public
Works (the "BPW") and Our Lady of the Road Inc. ("Our Lady"), the City donated the Donation
Amount (as defined in the MOU) to Our Lady to be used in furtherance and support of Our Lady's
weather amnesty efforts. In accordance with the terms of the MOU, Our Lady hereby requests
that the BPW Representative, acting by the authority granted in the MOU, approve the
disbursement to Our Lady of ..............6_.....6 Dollars
($ _. _ .00) of the remainder of the Donation Amount to reimburse Our Lady for its
expenditures evidenced by the documents attached hereto as 1� hibit 1 (the "Supporting
Documents"). In submitting this request, Our Lady hereby warrants and agrees as follows:
1. Our Lady has incurred the following expenses, which are reflected in the
Supporting Documents, solely for purposes of advancing Our Lady's weather amnesty
efforts and not for advancing or facilitating Our Lady's religious activities or the religious
activities of any other organization:
2. Our Lady 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 Our Lady or Our Lady's use of the City Funds. Our Lady
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 Our Lady or the use, occupancy, or condition of any real or
personal property acquired by Our Lady using the City Funds. If any such claim or action
is brought against any of the City Parties, Our Lady 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 Our Lady's behalf and to bind Our Lady to its terms. Further, the undersigned
affirms, under penalties of perjury, that the statements contained in this instrument are true and
accurate.
OUR LADY OF THE ROAD INC.,
an Indiana non-profit corporation
By:
Printed:
Its:
Date:
EXHIBIT 1
TO
REIMBURSEMENT REQUEST
Supporting Documents
[See attached.]
BOARD OF PUBLIC WORKS 1
AGENDA ITEM REVIEW REQUEST FORM COP
... _._..... - ..._
Date 3.19. 020
Department
Name J�:auuui 1���Ia Xea
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BPW Date5
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Diversity Comp ew and ,l��,.
q al 1 u m to d Prior to Submittal Board
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and Inclusion Officer Officer Name �� Michael Patton
BPW Attorney
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Dept. Attorney��
Purchasing El
Attorney Name —,Clara NIllwllanie l
Attorney Name sailild a I aalll:
Check the Appropriate Item Type ,
Professional Services Agreement 0 Contract
Open Market ContractAmendment/Addendum
El Bid Opening E] Bid Award
F❑l Quote Opening El Quote Award
❑ Proposal Opening ❑ C/O & PCA No.
7I Chg. Order, No. ❑ Traffic Control
Other: , f kI O U
Information
Company or Vendor Name Our Uxb 4'f Ithe tic�ad
New Vendor
MBE/WBE Contractor
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
All Submissions
❑ Proposal
E] Special Purchase, QPA
0 Req. to Advertise
El Reject Bids/Quotes
n PCA
Resolution
Ease./Encroach
❑ Title Sheel
LJ Yes" If Yes, Approved by Purchasing
0 No
MBE Completed E-Verify Form Attached ❑ Yes
WBE ❑ No
i:a la�,1 au 1
Increase
Amount of For "irte Orders 01 ..
_.$. ... ----- ............. _mn.. -- __._....
El Decrease ($ )
Previous Amount $ _
.....Increase..,.........-- .��.........__
Current Percent of Change: Decrease %
New Amount $_
Increase............___.. %
.............
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Total Percent of Change: Decrease