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Home My WebLink AboutMOU - Providing Food Products to Area Food Banks and Other Non-Profits in Response to COVID-19 Pandemic - Stanz Foodservice1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS April 14, 2020 Stanz Foodservice, Inc. 1l:h.�m1:.M:..%> RE: Memorandum of Understanding Dear Mr. Mark Harman: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on April 14, 2020, approved the above referenced agreement to provide food products to area food banks and other non -profits in response to COVID-19 pandemic in the amount of $50,000. Enclosed please find the original of the memorandum of understanding for your signature. Please sign and return the original agreement to Ihensley@southbendin.gov. Please retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND, INDIANA AND STANZ FOODSERVICE, 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 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's residents; 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. II. TERM This Agreement shall commence on the Effective Date and continue until June 30, 2020. III. GENERAL TERMS BPW shall authorize a donation of a portion of the Emergency Funds for the benefit of the Food Providers in an amount not to exceed Fifty Thousand Dollars ($50,000.00), (the "Donation Amount"). The funds shall be paid to Stanz and shall be used by the Food Providers to offset the purchase of food from Stanz during the COVID-19 crisis in accordance with the process set forth herein. Any portion of the Donation Amount not used or claimed for reimbursement by July 31, 2020 shall be subject to revocation by the City. IV. RESPONSIBILITIES OF THE CITY a) BPW will provide Stanz with the Donation Amount to be used exclusively to offset purchases made by Food Providers during the COVID-19 emergency. b) The City, through BPW, appoints Aaron Perri, Executive Director of the City's Venues Parks and Arts Department, or his designee to serve as its representative with regard to this Agreement (the "BPW Representative"). c) In order for Food Providers to access the Donation Amount and to ensure an equitable distribution thereof, approval shall first be granted in writing by the BPW Representative of a "not to exceed" portion of the Donation Amount. d) The City agrees to obey all applicable local, state, and federal laws and regulations. V. RESPONSIBILITIES OF STANZ a) Stanz shall provide the City with a reasonable manner in which the City shall provide the Donation Amount. b) Stanz shall use the Donation Amount solely to offset the cost of food to Food Providers as herein set forth. c) Stanz shall not use any portion of Donation Amount toward any orders unless a written authorization from the BPW Representative in a "not to exceed" portion of the Donation Amount is received by Stanz. d) Within five (5) days of each delivery made using any portion of the Donation Amount, Stanz will provide the BPW Representative with an itemized invoice setting forth each product distributed and the location and date upon which they were delivered to such Food Provider. e) Stanz agrees to obey all applicable local, state, and federal laws and regulations. VI. ASSIGNMENT Neither party may assign this Agreement. VII. 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. VIII. ENTIRE AGREEMENT This document contains the entire agreement between the parties regarding the issue of emergency financial support for the provision of food to Food Providers in the community and supersedes all prior negotiations, representations, or agreements, either written or oral, regarding the sole issue of financial support for such emergency financial support. This Agreement shall not be amended or modified except by written instrument signed by both parties. IX. GOVERNING LAW This Agreement shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana. X. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 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. STANZ FOODSERVICE, INC. I: Printed: Its: BOARD OF PUBLIC WORKS Gary A..�GslAot, President Jj Elizabeth A. Maradik. Mende 'Therese J. Doran, M—ber Jordan V. Gathers, Member Joseph R. Molnar, Member ArrI 'l ^ParAa oRiu727f/ Linda M. Martin, Clcrk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 6, 2020 Name Aaron Perri Department VPA BPW Date April 14, 2020 Phone Extension Ext. Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Clara McDaniels Admin and Finance ❑ Daniel Parker Check the Appropriate Item Tvbe — Reauired for All Submissions U Professional Services Agreement N Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Information Company or Vendor Name Stanz FoodService Inc. New Vendor ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ ❑ MBE Completed E-Verify Form Attached ❑ Yes No Project Name Project Number Funding Source Account No. Amount $50,000 Terms of Contract Purpose/Description Agreement to pay $50.000 to Stanz Food Service to cover the cost of providing food products to area food banks and other non -profits in response to COVID-19 pandemic. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Current Percent of Change: New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: