Approving a First Amendment to the Interlocal Agreement of Public Safety Answering Points in St. Joseph County

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NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties set forth herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: AGREEMENT 1. Prepayment by South Bend. Notwithstanding any provisions of the Agreement, the Parties hereto agree that South Bend shall pay to the County the Prepayment Amount prior to the ls` day of the month following final execution of this Amendment. Upon receipt of such payment, the County agrees to hold in abeyance the South Bend Designation and agrees that it will be without effect until March 1, 2017. During such period, the County agrees that South Bend shall receive its full distributive share of South Bend CEDIT without reduction or claim by the County. South Bend and the County agree and acknowledge that the South Bend Designation will again be in full force and effect on March 1, 2017. 2. Public Safety LOIT Intercept. Section 5.06 of the Agreement is amended and restated in its entirety to read as follows: Section 5.06 Assessments; Intercept. The Parties acknowledge the financial exposure assumed by the County in this Agreement. In recognition thereof, Assessments not received in accordance with the schedule described in this Agreement shall be satisfied using an intercept process consisting of; (a) The County Auditor notifying the Controller of the delinquent Party of the delinquency. The notification shall be in writing and provide five (5) days to settle the Assessment. (b) Assessments not received within five (5) days of the written notifications shall be satisfied by the County Auditor withholding an equivalent amount of the Public Safety Local Option Income Tax revenues received under IND. CODE § 6- 3.5 -6 -31 ( "Public Safety LOIT ") from the next monthly Public Safety LOIT distribution due to the delinquent Party and transferring that withheld amount to the proper Fund(s). 3. Miscellaneous. a. Except as expressly modified, amended or supplemented by this Amendment, the Agreement shall remain in full force and effect. b. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. -3 - US.56189914.04