HomeMy WebLinkAboutFood Bank Northern Indiana MOU_04_16_2020l1
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 Food Bank of Northern Indiana
(“Food Bank”), a 501(c)(3) not-for-profit organization, with its principal place of business at 702 Chapin
Street, South Bend, Indiana 46601 (each a “Party,” and collectively the “Parties”).
RECITALS
A. Food Bank is a not-for-profit organization devoted to addressing local problems of hunger
and malnutrition by providing quality food to participating social service agencies.
B. Food Bank is a certified food bank of the Feeding America network, distributing more than
8.8 million pounds of food to a network of 150 member agencies in a six-county service area.
C. Food Bank utilizes a network of volunteers to operate its programs.
D. Due to the COVID-19 outbreak, Food Bank needs individuals to assist with the boxing of
food pantry items and other activities.
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 10 employees (“City Personnel”) to
assist Food Bank for a period of time commencing on April 1, 2020 and expiring the earlier of
the date when the services are no longer needed or May 31, 2020.
2. The Parties agree that City Personnel will be utilized for two 4-hour shifts per day from 8 a.m. –
noon and noon – 4 p.m. daily.
3. No-touch infrared thermometers will be utilized to take the temperature of all individuals prior
to admittance to the worksite. If any person has an above normal temperature or indicates they
feel ill or are experiencing symptoms, the person will not be allowed onsite or promptly dismissed
from the worksite.
4. Food Bank agrees to provide disposable gloves to all City employees while onsite and a facial
mask to any City employee so requesting while onsite.
5. Food Bank agrees to comply with all applicable COVID-19 Centers for Disease Control (“CDC”),
Occupational Safety and Health Administration (“OSHA”), and other applicable federal, state
and local laws, regulations, and executive orders.
6. Food Bank 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 Food Banks’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 Food Bank under this section shall survive
the termination of this MOU.
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7. Throughout the term of this MOU, Food Bank 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
Food Bank 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 FOOD BANK OF NORTHERN
BOARD OF PARK COMMISSIONERS INDIANA
__________________________________ By: ______________________________
Mark Neal, President
__________________________________ Title: _____________________________
Consuela Hopkins, Vice President
__________________________________
Aimee Buccellato, Member
__________________________________
Dan Farrell, Member
ATTEST:
By: __________________________________
Eva Ennis, Clerk