Bill No. 23-52 Approving an Extension of the Interlocal Agreementment Bet. SB & St. Joseph Co. for Mutual Inv. of Officer Involved Shootings

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Article I. Statutory Authority; MOU Incorporated Section 1.01 Authority. The parties make this Agreement under the authority and subject to the terms and provisions of the Interlocal Cooperation Act, Ind. Code 36-1-7 (the "Act"). The parties agree that, upon its full approval by South Bend, Mishawaka, and the County (and their respective fiscal bodies,),this Agreement will satisfy each requirement of Section 4(a)of the Act,exempting it from the necessity of approval by the Indiana Attorney General. Section 1.02 MOU Incorporated. The parties agree to the terms and understandings set forth in the Memorandum of Understanding between SBPD, MPD, and SJCPD attached hereto as Exhibit 1. The MOU includes the purpose, duration, termination, staffing/supplying, and administration of this Agreement. Section 1.03 Budget. Each agency is responsible for their own cost of involvement. 1.C. 36-1-7-7 applies to each agency. In the event that any money is received or disbursed, the St. Joseph County Treasurer is delegated the duty to account for all monies. Article IL General Provisions Section 11.01.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 11.02. Relationship. Nothing in this Agreement will be construed to create an agency or joint-venture relationship between South Bend, Mishawaka, and the County, and no employee of the County, will be deemed an employee of South Bend or Mishawaka. Section 11.03. Indemnification. The Parties agrees to defend, indemnify, and hold harmless each Party (and their officers and employees) from and against any and all claims of any nature which arise from the performance by the Parties under this Agreement and from all costs and attorney fees in connection therewith, except for claims arising out of the negligence of the Parties(or their officers or employees). The obligations of the Parties under this Section 11.03 will survive the expiration or termination of this Agreement. Section 11.04.Assignment. No party may assign this Agreement or any of its rights, interests, obligations, or duties hereunder, whether by operation of law or otherwise, without the express written consent of the other parties. Section 11.05.No Waiver. The failure or delay of any party to enforce at any time any provision of this Agreement shall not be construed as a waiver of such provision, nor in any way to affect the validity of this Agreement or any part hereof or the right of such party thereafter to enforce each and every such provision.No waiver of any such right will have effect unless given in writing signed by the party waiving such right.No waiver of any