HomeMy WebLinkAboutPartnership MOU - templatePARTNERSHIP MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT is made and executed between the City of South Bend, Indiana, a municipal corporation existing under the laws of the State of Indiana (“City”) Department of Venues Parks
and Arts (“VPA”), pursuant to the authority granted to the VPA’s Executive Director under Resolution No. 0006-2020 by its Board of Park ,Commissioners (“Board”), and the _____________[organization
name]___________., a non-profit organization, organized under the laws of the State of Indiana and having its offices located at 1740 Portage Avenue, South Bend, IN 46616, and is effective
as of _________ __ 2020.
WHEREAS, the City wishes to support programing for ________________; and
WHEREAS, _________________[organization name and mission statement]; and
WHEREAS, the City is the owner of the property located at _____________________[facility location and address] and
WHEREAS, __________[organization name] desires to use space at ______[location] to [purpose of program];
NOW, THEREFORE, VPA and __________[organization name]do hereby mutually agree as follows:
TERM OF AGREEMENT
This Agreement shall commence on __________[start date] and continue until ____[end date] at which point this Agreement shall expire of its own accord.
CONSIDERATION AND CONTRIBUTIONS BY THE PARTIES
Consideration: During the term of this Agreement, VPA will allow Dieter Dream Foundation to use the Facility, free of charge, for its ___[program]. In consideration of VPA’s Facility
use contribution, _______[organization name] agrees to offer a series of free clinics as follows:
[list program times
Additional Contribution from VPA:
VPA will provide webpage advertising of the [program]
VPA will promote the [program] through flyers and social media channels.
Additional Contributions from __________[organization name]
__________[organization name] will provide VPA with basic data on total number of program participants it has for the clinics, separated by site.
__________[organization name] will provide the instructors for the clinics.
__________[organization name] agrees to be responsible for participant registration.
__________[organization name]agrees to provide marketing and all supplies needed for the clinics.
__________[organization name] agrees to mention VPA as a sponsor in part on any marketing materials that go out.
__________[organization name] will provide VPA with proof of insurance.
__________[organization name] will provide COVID safety protocols.
RESPONSIBILITIES OF VPA
VPA shall work together with __________[organization name] to develop a schedule of dates and times for use of the Facility for [program name].
VPA shall be responsible for the removal of trash and debris located in the trash receptacles and dumpster located at the Facility as customary and necessary.
VPA shall be responsible for the cost of electricity usage at the Facility, including lighting of the Facility parking lot during use of the Facility for the football clinics.
VPA shall be responsible for the maintenance, upkeep and repairs of the Facility, not caused by __________[organization name] use of the Facility, in the sole discretion of VPA.
RESPONSIBILITIES OF __________[organization name]
__________[organization name] agrees to work together with VPA to develop a schedule of dates and times for use of the Facility for the purpose of the program.
shall provide staffing and supervision for the program.
shall handle registration of participants for the program.
shall provide all marketing and supply needs for the program.
understands and agrees that the Facility is to be used only for the purpose of conducting the program and for no other purpose without the prior written consent of VPA.
shall be responsible for any special preparation of the Facility prior to scheduled uses of the Facility and shall restore and repair any damaged caused by __________[organization name],
to the Facility following each use, normal wear and tear excepted.
agrees to obey all rules and regulations of the Facility as well as all applicable local, state and federal laws and regulations.
ASSIGNMENT
__________[organization name] may not assign the rights granted in this Agreement without first obtaining prior written consent from VPA.
INDEMNIFICATION
__________[organization name] hereby agrees to defend, indemnify, and hold harmless the City, VPA, its officials, employees, and agents from any and all claims of any nature which arise
from the performance by the __________[organization name] under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising solely out
of the negligence of the City, VPA, its officials, directors, employees, and agents.
INSURANCE
__________[organization name] shall at its sole cost and expense, obtain, maintain and submit to VPA, Certificates of Insurance in the following amounts, naming the City as an additional
named insured:
Workers' Compensation Insurance that satisfies the minimum statutory limits; and
Commercial General Liability in an amount not less than: (1) $1,000,000 per occurrence; (2) $100,000 for damage to rented premises; (3) $5,000.00 for medical expense; (4) $500,000 for
personal and advertising injury; (5) $1,000,000 products/completed operations; (6) $1,000,000 auto liability; (7) $2,000,000 general aggregate limit; and (8) $5,000,000 excess/umbrella
liability.
__________[organization name] shall ensure that the Certificates of Insurance contain provisions that the policies and coverages afforded thereunder will not be canceled until at least
30 days after written notice is provided to the City.
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.
NON DISCRIMINATION
The City and VPA are committed to ensuring equality of opportunity and does not exclude, deny the benefit of, or otherwise subject any person to discrimination in any City program,
service or activity on the basis of race, color, sexual orientation, national origin, sex, age or disability. Creative agrees to comply with and to act consistently with this policy
in the performance of Creative’s duties under this Agreement.
ENTIRE AGREEMENT; AMENDMENT
This document contains all of the agreements between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement shall
not be amended or modified except by written mutual agreement of the parties.
LAW GOVERNING AGREEMENT
This Agreement shall be governed by the laws of the State of Indiana and venue shall be in St. Joseph County, Indiana.
COUNTERPARTS
This Agreement may be executed in counterparts which when taken together shall constitute one fully executed original.
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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.
__________[ORGANIZATION NAME]
______________________________
Signature
______________________________
Printed Name and Title
______________________________
Street Address
______________________________
P.O. Box
______________________________
City, State Zip
CITY OF SOUTH BEND, INDIANA
______________________________
Executive Director
______________________________
Printed Name and Title
______________________________
Street Address
______________________________
P.O. Box
______________________________
City, State Zip