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HomeMy WebLinkAboutTemporary Access Agreement - Use of Paved Area for Meal Provision During COVID for Hope MinistriesTEMPORARY ACCESS AGREEMENT This Temporary Access Agreement (this "Agreement") is made and entered into as of �_t l V , 2020, by and between the City of South Bend, Indiana, acting by and tluough its Board of Public Works (collectively, the "City"), and Rescue Incorporated d/b/a Hope Ministries ("Hope"). RECITALS A. The City is the owner of certain real property, located at 510 South Main Street, South Bend, Indiana 46601 (the "Property"). B. The Property contains a fenced outdoor courtyard in which Hope would like to serve meals to homeless individuals who are not currently residing at Hope's facility, in order to respect social distancing and other guidelines required by the St. Joseph County Department of Health (the "Activity"). C. Hope currently operates the weather amnesty site at the Property on behalf of the City and is familiar with the Property. D. Hope desires to obtain from the City a right of access to the Property for the Activity, and the City has agreed to grant the same on the terms and conditions stated in this Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: L Grant of Access to Hope. The City hereby grants to Hope a non-exclusive, temporary access right to use the courtyard and related interior portions of the Property for the limited purpose of allowing Hope to engage in the Activity at the Property. Hope shall not allow its invitees anywhere except the courtyard and shall maintain staff to clean the area and provide security during the Activity. Hope staff may access relevant interior portions of the Property to store food and items in order to allow the successful completion of the Activity. Additionally, Hope staff may access the facility's restrooms. The parties further agree that Hope will have no right under this Agreement to install improvements of any kind on the Property, or to store or allow to be stored on a permanent basis any supplies, materials, goods, or personal property of any kind on the Property without the prior written consent of the City. The City may, depending on availability, provide a canopy, tables, and chairs (the "Equipment") for use by Hope. The Equipment shall be used and stored in accordance with directions provided in writing from the City. After each performance of the Activity, Hope will remove or cause to be removed from the Property all supplies, materials, goods, and personal property (including trash) used by it or its invitees in connection with the Activity. At all times during the period of the Activity, Hope will use or cause to be used reasonable efforts to keep the Property in substantially the same order and condition as of the Effective Date (as defined below). 2. Term and Termination. This Agreement shall commence effective April 20, 2020 (the "Effective Date") and shall continue until such time as either (a) the social distancing and other guidelines provided by the St. Joseph County Department of Health are no longer in effect, (b) Hope no longer engages in the Activity, (c) Hope no longer desires to engage in the Activity at the Property, or (d) the City provides Hope with a written notice of termination. 3. Maintenance-, Restoration. Hope will, at its sole expense, repair any damage to the Property made or caused, directly or indirectly, by Hope or its invitees upon the Property. In the event Hope fails to preserve the Property at all times in substantially the same condition and repair in which it exists on the Effective Date, the City may, at its option, incur costs and expenses to maintain and repair the Property, which costs and expenses Hope will pay promptly upon the written demand of the City. 4. Compliance. Hope understands and agrees that it will, at its own expense, observe and comply with, or cause to be observed and complied with, all applicable statutes, laws, ordinances, requirements, orders, rules, and regulations of all governmental authorities in relation to the Activity. Further, Hope shall not discriminate against any person seeking to participate in the Activity, nor will it use any portion of the Property to advance or facilitate its religious activities or the religious activities of any other organization. 5. Ownership. The City represents and warrants that it is lawfully seized of the Property, that it has full right and power to grant the access right, and that the Property is free from all encumbrances, except any matters of record. 6. Hazardous Materials. Hope shall not cause or permit, knowingly or unknowingly, any hazardous material to be brought or remain upon, kept, used, discharged, leaked, or emitted upon the Property. 7. Indemnification. Hope understands and agrees that the City shall not be liable for any loss, damage, destruction, or theft of Hope's property or the property of Hope's invitees, or any bodily harm or injury that may result from Hope's use of the Property. Hope understands and agrees that it will be solely responsible for the safety and security of all persons on the Property and any personal property Hope or its invitees use in connection with the Activity while on the Property. Hope shall indemnify, defend, and hold the City harmless from and against any and all claims resulting from damage to any property upon the Property or injury to any person upon the Property and to pay any judgment rendered therein. Notwithstanding the foregoing or anything herein to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 8. Insurance. Hope will maintain commercial general liability insurance coverage in the minimum amount of at least $1,000,000 per occurrence and will designate the City as an additional named insured under any such policy of insurance. Promptly following the Effective Date of this Agreement, Hope will produce to the City a certificate of insurance evidencing the same. 9. Reservation of Rights. The City reserves for itself the free use of the Property in any maimer not inconsistent with the terms of this Agreement. 2 10. Benefit, The parties intend that each of the rights and obligations set forth herein shall inure to the burden or benefit of the respective parties and their related companies, successors, and assigns, 11. Notices. Any notices required under this Agreement may be provided (a) by hand - delivery (which will be deemed delivered at the time of receipt) or (b) by registered or certified mail, return receipt requested (which will be deemed delivered three (3) days after mailing), to each party's respective address and the representatives stated below. City: City of South Bend, Indiana 1400 S. County -City Building 227 W. Jefferson Blvd, South Bend, IN 46601 Attn. Pamela Meyer With a copy to: South Bend Legal Department 1200 S County -City Building 227 W. Jefferson Blvd. South Bend, IN 46601 Attn. Corporation Counsel Hope: Hope Ministries 432 S. Lafayette Blvd South Bend, IN 46601 Attn. David Vanderveen, Executive Director 12. Waiver. One or more waivers of any condition herein by the City shall not be construed as a waiver of a subsequent breach of the same condition. 13. Governing Law and Jurisdiction. This Agreement shall be governed and construed in accordance with the laws of the State of Indiana and any claims arising hereunder shall be brought in the courts of St. Joseph County, Indiana. 14. Authority. Each undersigned person signing on behalf of his/her respective party certifies that he/she is duly authorized to bind his/her respective Party to the terms of this Agreement. [Signature pages follow.] 3 IN WITNESS WHEREOF, the parties have entered into this Temporary Access Agreement and executed the same on the date set forth next to their signatures. CITY OF SOUTH BEND, INDIANA BOARD OF PULIC WORKS BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member 11 .') - /C---, - Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �PPP,%C �i�IGt]`21P1 Linda M. Martin, Clerk RESCUE INCORPORATED D/B/A HOPE MINISTRIES U Printed: o e 1-'/1 t`/ 4' ' , eat i Date: / A BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/21/2020 Name Pam Mever Department DCI BPW Date 4/28/2020 Phone Extension 5845 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name Michael Patton and Inclusion Officer BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ® Attorney Name Sandra Kennedy Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. 171 Other: Use Agreement Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution n Ease./Encroach Department of Communitv Investment ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes No Use of paved area for meal provision during COVID N/A N/A N/A 4/23/20 Purpose/Description Provides for temporary use of a specific paved area for Hope Ministries meal provision during COVID. Partnering with VPA for tables, chairs and trash; based on DoH recommendation for social distancing For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( %) New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: