18-12 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units

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provide to the Chief or his/her designee a statement detailing the expenses expended under this agreement for that investigators. Notwithstanding any provision to the contrary, in the event the employment of a new investigator hired by the Prosecutor's Office ceases for any reason, then the Prosecutor's Office will prepare the statement for the period since the last anniversary date and pay back to the City the unpaid portion of the expected annual salary, including any overtime compensation. If the Prosecutor decides to continue the employment of an investigator for a new term then it shall notify the Chief or his/her designee of this intent. Section 5.05. Additional Personnel Option. During the duration of this Agreement, the parties, by agreement, may remove from service one (1) additional officer from the Metro Units for return to the SBPD. If this option is utilized, the Prosecutor is authorized to hire one (1) additional officer utilizing the hiring process established in Section 3. Upon the decision to hire a new investigator by the Prosecutor's Office and providing notice to the City, the City will have up to twenty-one (21)days in which to ensure that the new employee qualifies under Section 5.03. In the event the City determines that the Prosecutor's Office has complied with Section 5.03,then within thirty(30) days after such determination the City will submit to the Prosecutor's Office a check payable to the St. Joseph County Treasurer in the amount of$92,000 and transfer to the Prosecutor's Office ownership of one (1)unmarked vehicle for the use by that investigator. The other stipulations and requirements listed in Article V apply to the hiring of an additional Metro Unit officer under this section. Section 5.06. Equipment Reimbursement. Upon the hiring of an officer under Article 5, the Prosecutor may secure the purchase of a police handgun, a protective vest, and a computer device for each officer hired as outlined in Appendix II. After that purchase,the Prosecutor will have thirty (30) days to submit to the City a request for reimbursement of the costs associated with the equipment purchase, complete with an itemized receipt(s). Upon receiving a request for reimbursement,the City will have thirty (30) days to submit to the Prosecutor's Office a check payable to the St. Joseph County Treasure in the amount shown on the itemized receipt(s)up to $2,750.00 per officer hired. Section 5.07. Subject to Appropriations. Notwithstanding any provision to the contrary, the City's payments required under this Agreement are subject to the appropriation of sufficient funds in accordance with I.C. 6-1.1-18. Section 5.08. No Third-Party Beneficiaries. The Parties expressly disclaim the existence of any third-party beneficiaries of this Agreement. Nothing in this Agreement, express or implied, is intended or will be construed to confer upon any person or entity, other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise,and all of the terms, covenants, and conditions hereof will be for the sole and exclusive benefit of the Parties. Section 5.09. Relationship. Nothing in this Agreement will be construed to create an agency or joint-venture relationship between the City and the Prosecutor's Office, and no Page 10