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HomeMy WebLinkAboutFirst Amendment to Temporary Access Agreement - Additional Use of 510 S. Main St. – Rescue Incorporated dba Hope MinistriesFIRST AMENDMENT TO TEMPOIZARY ACCESS AGREEMENT This First Amendment to Temporary Access Agreement (this "First Amendment") is dated October 13, 2020 (the "Execution Date") with an Effective Date of October 1, 2020, by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the "City"), and Rescue Incorporated d/b/a Hope Ministries ("Hope"), RECITALS A. The City and Hope entered into a Temporary Access Agreement dated April 21, 2020 (the "Agreement") with regard to the Property; and B. Hope had been using the outdoor courtyard area of the Property to serve meals to people experiencing homelessness who are not residing at Hope's facility, in order to abide by the social distancing and other recommendations and requirements of the St. Joseph County Department of Health; and C. As winter approaches and the recommendations and requirements of the St. Joseph County Department of Health are still in effect, Hope would like the flexibility to move its meal service indoors at the Property; and D. The City has agreed to allow Hope to use certain areas indoors at the Property solely for the purpose of meal service. 101t, THEREFORE, in consideration of the mutual promises and obligations in this First Amendment and the Agreement, the adequacy of which consideration is hereby acknowledged, the Parties agree as follows: 1. Recital B of the Agreement shall be deleted in its entirety and replaced with the following: The Property contains a fenced outdoor courtyard and a large indoor space in which, depending on the weather, Hope would like to serve meals to individuals experiencing homelessness 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"). 2. Section 1, Grant of; Access-to.-I.JoW, shall be deleted in its entirety and replaced with the following: The City hereby grants to Hope a non-exclusive, temporary access right to use the courtyard and related interior portions (during warmer periods) or the large indoor space and related storage and preparation areas (during colder periods) 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 or large indoor eating area, as the case may be, 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). Unless expressly modified by this First Amendment, the terms and provisions of the Agreement remain in full force and effect. 4. Capitalized terms used in this First Amendment will have the meanings set forth in the Agreement unless otherwise stated herein. Signature Page Follows IN WITNESS WHEREOF, the parties hereto have executed this First Amendment Temporary Access Agreement to be effective as of the Effective Date stated above, CITY OF SOUTH BEND_ TNDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �IZZG� C%�TCi7ZTi1 Linda M. Martin, Clerk Date; October 13, 2020 By: d, J }p j r' Printed:_ OCft er fi�� � ' ��.cle..e�.`�..... Title � ,.�.� _..q �''-�'�. �`< � u L C....,......... Date: �.. I BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9.28.2020 Name Pain 'Layer Department DCI BPW Date October 13 2020 Phone Extension 5845 Review and_AP rwmwm_e� - 7 ALA Prior t . _._ . 1 to Board �r ... _� �.......... ._ vY��.�._.m�. ......_. .. ov�� Luc uuretl Pnor to Submittal ............._..... ��..�. Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney "` Attorney Name Clara McDaniels Dept. Attorney E Attorney Name Sandra Kennedy _____-- Purchasing ❑ Check the Appropriate Item Type ­ LJ Professional Services Agreement ❑ Contract (❑ Open Market Contract ® Amendment/Addendum Bid Opening ❑ Bid Award ❑ Quote Opening ❑ Quote Award ❑] Proposal Opening I C/O & PCA No. Chg. Order, No. ❑ Traffic Control Other Access_;Lreen�ent RNuired Information A11 Submissions IL_I Proposal Special Purchase, QPA Req. to Advertise ❑ Title Sheei Reject Bids/Quotes PCA Resolution Ease./Encroach Company or Vendor Name Res ........ Hope____ _ w.. — .. .... New Vendor ❑ Yes If Yes, Approved by Purchasing ® No MBE/WBE Contractor Yes ❑❑ WBE Completed E-Verify Form Attached ❑ No Project Name Temporary Access Agreement .............. _........... __.. ­ ............. . �. Project Number ......... ----- ____ ....... ..._..- ...... .. ...... .- ------- - Funding Source N/A . n.. __........� Account No. N/A - .,......m.. ........... ---- - _...... __ .......... Amount N/A ..... - -- Terms of Contract October 1, 2020 generally April 30, 2020 Purpose/Description _-To allo ............at �..... .........._-- w the additional use of certain indoor portions at 510 S. Main Stre for the provision of daily meals y_. For C ai g�,� Orders nl ...._... Amount of Increase $ _ Decrease $ ) Previous Amount ............... $ ....... __. .......... ....... .............................................................................. -- - ----- Increase .......... ...... ....... __.... — ._ ._..n ....... Current Percent of Change: Decrease New Amount $ _.m_.,.m.... m .............. Increase _..__.. % Total Percent of Change: �..�.......m�...... Decrease ( ._..- --._m ._.,_., .. /o) Time Extension Amount: New Completion Date: ...... ............. .......