4705-18 Interlocal Agreement between the City of South Bend and St. Joseph County Metro Units.

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hired under Section 5.03 shall be released from service. Section 5.03. Hiring by the Prosecutor's Office; Limitations. During the Term of this Agreement,the Prosecutor's Office agrees to hire the number of full-time employees necessary to offset the City's removal of City employees from service in the Metro Units under Section 5.02 as mentioned above, which number will not exceed three (3). Unless specifically approved by the Chief and City Legal,the Prosecutor's Office agrees that it will not hire: (a) any current City employee; (b) any former City employee who is involved, as a party or witness adverse to the City (or the City's officers or employees), in any pending litigation, dispute, or controversy concerning any subject matter; or (c) any former City employee,unless his or her employment by the City terminated at least two (2) years prior to the proposed date of hiring by the Prosecutor's Office and he or she has waived in writing any and all past and future claims against the City(and the City's officers and employees). Any person hired by the Prosecutor's Office in accordance with this Agreement will be an employee of the Prosecutor's Office and not an employee of the City. Notwithstanding the payments contemplated in Section 5.04 below,the County (through the Prosecutor's Office)will directly bear all costs and expenses of hiring and employing its new employees. Section 5.04. City Payments; Maximum Liability Upon the decision to hire a new investigator by the Prosecutor's Office under Section 4 above, the Prosecutor's Office will notify the City of the name, salary, length of the service contract and provisions for paid time off for vacation, sick and personal days of the prospective employee in writing. After receiving such notice from the Prosecutor's Office,the City will have up to twenty-one (2 1) 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 as shown in Appendix II which is equal to the expected annual salary expense for the prospective employee, and transfer to the Prosecutor's Office ownership of one (1) unmarked vehicle for the use by that investigator. In light of the salary limitations stated in Appendix II, the City's payments for each investigator hired under this Agreement will not exceed the total annual salaries of the investigators as stated at Appendix II. The Parties mutually agree and acknowledge that any payment by the City under Article 5 will be applied for the sole purpose of offsetting the costs and expenses of new employees hired in accordance with Section 4 above,which costs and expenses will at all times remain the responsibility of the County through the Prosecutor's Office. The parties also agree that except for compliance with Section 3 the decision to employ or not employ any applicant is within the sole discretion of the Prosecuting Attorney. Each year on the anniversary date of the hire of each investigator the County shall prepare and Page 9