HomeMy WebLinkAboutBill No. 23-51 Approving an Extension for the Housing & Operation of the Special Victims Unit Filed in Clerk's Office
JUL 191113
BILLDAWN M•JONES
NO.
CITY SOUTH BEND, IN
RESOLUTION NO.
A RESOLUTION OF
THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA
APPROVING AN EXTENSION OF THE INTERLOCAL AGREEMENT
BETWEEN THE CITY OF SOUTH BEND,INDIANA AND ST. JOSEPH
COUNTY,INDIANA, FOR THE HOUSING AND OPERATION OF THE
SPECIAL VICTIMS UNIT
WHEREAS, the City of South Bend, Indiana,through the South Bend Police Department
("SBPD")has a history of cooperating with the St. Joseph County Prosecutor in the investigation
and prosecution of crime within the City of South Bend; and
WHEREAS, St.Joseph County, Indiana, has created the Special Victims Unit("SVU")
that conducts criminal investigations of child abuse and sex crimes deemed to have high impact
upon the safety and welfare of citizens of St. Joseph County, Indiana, and which further provides
services to victims of certain crimes; and
WHEREAS, the SVU presently combines the expertise of highly skilled and trained law
enforcement officers from the St. Joseph County Police Department, the SBPD, and the
Mishawaka Police Department, as well as the technical and support services of Indiana University
South Bend and the Notre Dame Security Police Department, to among other things investigate,
provide services to victims, gather and report data, and share information with the SBPD
concerning crimes involving child abuse and sex crimes and other connected crimes in St.Joseph
County; and
WHEREAS,the SVU is housed and operated out of the CASIE Center at 533 N Niles Ave,
South Bend, IN; and
WHEREAS, Indiana Code 36-1-7,the Interlocal Cooperation Act,authorizes one or more
governmental entities to exercise,jointly or by one entity on behalf of others, powers that may be
exercised by such units severally; and
WHEREAS, the Indiana City of South Bend, along with the County of St. Joseph share a
combined interest in extending the existing Interlocal Agreement so that by working cooperatively,
they may efficiently and effectively provide for the housing and operation of the SVU at the CASTE
Center in St. Joseph County.
WHEREAS,pursuant to IC 36-1-7, the City will cooperatively assist the SVU operation
by providing funds to pay for the cost and expenses of housing and operation of the SVU,for an
annual total of$40,000; and
WHEREAS, The City of South Bend and St. Joseph County, Indiana, have proposed an
extension of the Interlocal Agreement,a copy of which is attached hereto and incorporated herein
as Exhibit 1, containing all the governing provisions for South Bend's participation in the
funding of the housing and operation of the SVU; and
WHEREAS, sufficient funds exist within the City's 2023 Budget to cover the City's costs
of participation in the housing and operation of the SVU during calendar year 2023.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA,AS FOLLOWS:
Section I. The Common Council of the City of South Bend, Indiana, has considered and
hereby ratifies, confirms, and approves the extension of the Interlocal Agreement attached as
Exhibit 1 to this Resolution, governing the City of South Bend Police Department to provide
funding for the housing and operation of the SVU at the CASTE Center in St. Joseph County,
Indiana.
Section II. The Board of Public Works was authorized to execute the extension of the
Interlocal Agreement attached hereto as Exhibit 1.
Section III. This Resolution shall be in full force and effect retroactively as of July 1,
2023 from and after its adoption by the Common Council and approval by the Board of Public
Works.
Sharon McBride,
Common Council President
Attest:
Dawn M. Jones, City Clerk
Presented by me to the Mayor of the City of South Bend, Indiana, on the
day of , 2023 at o'clock_ . m.
Dawn M.Jones, City Clerk
Approved and signed by me on the day of , 2023 at
o'clock .m.
r ,
Filed in Clerk's Office
James Mueller, Mayor, City of South Be31In1iyr 2 j
—TAWN M,JONES
CITY CLERK,SOUTH BEND, IN
Filed in Clerk's Office
JUL 1 9:C19
AGREEMENT TO EXTEND THE TERM OF THE LOCAL GOVERNM$NT
SERVICE EXCHANGE AGREEMENT BETWEEN THE CITY O ( 1 -L 'T BEND,IN
AND ST.JOSEPH COUNTY FOR OPERATION OF THE SPECIAL I.. I
THIS AGREEMENT is made effective the ,day of 2023,by
and between the City of South Bend, Indiana ("City") acting by and through its Board of
Public Works and St.Joseph County, Indiana ("County").
WHEREAS, City and County exist and operate as political subdivisions of the State
of Indiana as defined by Ind. Code 36-1-2-13 and are authorized to enter into a
Service Purchase and Agreement pursuant to Ind. Code 36-1-7-2(b)and 36-1-7-12; and
WHEREAS, the St. Joseph County Prosecutor's Office ("Prosecutor") exists and
operates under the authority of lnd.Code 33-14-1-1 et seq.;and
WHEREAS, the Prosecutor has established a Special Victims Unit ("SVU")
consisting of deputy prosecuting attorneys, police officers, investigators, victim
advocates, and administrative support staff for the purposes of investigating and
prosecuting sex crimes and child abuse;and
WHEREAS, on October 18, 2012, City and County did enter into a Local
Government Service Exchange Agreement to provide for the housing. and operation of
the SVU,the terms of which the parties have fully complied with, and which Agreement
expired on December 13, 2017; this agreement was renewed December 12, 2017 and
expired on December 31,2022
WHEREAS, City and County agree that said Local Government Service Exchange
Agreement has been and is in the public's best interests and they mutually desire to
continue said Agreement for an additional term of five (5)years.
NOW THEREFORE, in consideration of the mutual promises and obligations in
the Local Government Service Exchange Agreement, the adequacy of which is hereby
acknowledged, the Parties do agree as follows:
1. PURPOSE.
City and County agree that it is necessary and in the public's best interest
to continue to provide for the housing and operation of the SVU within the City
of South Bend, Indiana. City and County are each willing to provide certain funds
toward the scope of services as described in Exhibit A attached hereto
commencing in 2023 and for each year thereafter through and including
December 21,2028.
For purposes of this Agreement, the term "Project" shall mean the
housing, operation, and management of the SVU through the Prosecutor. The
1
Exhibit 1
project shall include investigation and prosecution of sex crimes and child abuse.
II. TERMS AND CONDITIONS.
This extension incorporates by reference all the terms, obligations, duties, and
rights contained in Paragraphs III and V through XII inclusive, of the Local
Government Exchange Agreement of October 18, 2012, as if fully set forth
herein, and the Parties agree to fulfill their obligations and perform as contained
therein.
This Agreement is contingent on the continuation of the "St. Joseph County Special
Victims Unit Interlocal Agreement" by both City Council and County Council. If the
"St. Joseph County Special Victims Unit Interlocal Agreement" is terminated, then
this agreement will automatically terminate and all Parties shall be relieved of their
duties to perform as outlined in this Agreement.
HI. ADMINISTRATION
Section 3.01 Joint Board. In addition to the terms in Paragraph Ill of the Local
Government Exchange Agreement of October 18,2012,pursuant to Section
3(ax5)(B)ofthe Act,the parties agree that this Agreement shall be administered
through a joint board consisting of two (2)members (the "Joint Board")who shall be
the Prosecutor of St.Joseph County,Indiana and the Chief of Police of South Bend,
Indiana.
Section 3.02 Meetings.The Joint Board shall meet yearly on the first Wednesday of
November at the SVU at 10:00 a.m.,or as otherwise mutually agreed.
IV. DUTIES.
Section 4.01 . County Responsibilities. County hereby agrees to:
A. Pursuant to this Agreement and in accordance with the laws of the State
of Indiana, County shall enter into contracts for the housing and
operation of the SVU.
B. County shall enter into contracts and make purchases is deems
reasonably necessary to complete the Project. County shall supervise
and administer all contracts concerning the Project.
C. County shall administer all funds concerning the Project through the
St.Joseph County Auditor.
D. County shall pay the sum of $45,000.00 toward the Project
commencing January 1, 2023 and $45,000.00 every year thereafter
over the term of this Agreement with said money to be used in
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accordance with this Agreement.
Section 4.02. City Responsibilities.City shall pay the sum of$40A00.00 toward
the Project commencing January 1, 2023 and $40,000.00 every year thereafter
over the term of this Agreement to the Auditor of St.Joseph County, Indiana,
with said money to be used in accordance with this Agreement.
V. DURATION.
This Agreement shall expire on December 31,2028. Funding is subject to
the annual appropriation of the fiscal bodies of City and County. Any money that
is outstanding at the end of the term shall be distributed on a pro rata basis to the
parties based upon the ratio set forth in Section III for the years 2024 and
beyond as adopted herein. This Agreement may be extended my mutual
agreement upon expiration of the contract term.
[SIGNATURE PAGE ATTACHED}
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IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representatives, have caused this Agreement to be effective as of July 1, 2023. The
Parties have read and understand the foregoing terms of this Agreement and do, by their
respective signatures,hereby agree to its terms.
ST.JOSEPH COUNTY, INDIANA CITY OF SOUTH BEND
Acting by and through its
BOARD OF PUBLIC WORKS
Carl Baxmeyer, President of t he Elizabeth Maradik,President of
Board of Commissioners the Board of Public Works
Derek Dieter,Member of the Board Joseph Molnar,Member of the Board of Public
of Commissioners Works
Deborah Fleming,Member of the Gary Gilot,Member of the Board
Board of Commissioners of Public Works
Jordan Gathers,Member of the
Board of Public Works
Murray Miller,Member of the
Board of Public Works
AI]EST:
John Murphy, St.Joseph County Auditor Theresa Heffner,Clerk of the Board of Public
Works
Date: ,2023 Date: . 2023
Filed in Clerk's Office
JUL 19 2023
4
AWN M.JONES
CITY CLERK,SOUTH BEND,IN
EXHIBIT A
to Local Government Service Exchange Agreement
Pursuant to the St. Joseph County Special Victims Unit Interlocal
Agreement, the Special Victims Unit investigates and prosecutes all criminal
offenses involving child abuse criminal offenses, and sexual assault criminal
offenses that occur within the Cities of South Bend and Mishawaka and
unincorporated St. Joseph County. It also investigates these cases for other
jurisdictions as requested.
The Special Victims Unit is a cooperative co-location of the resources of
the Prosecuting Attorney of St. Joseph County, the Sheriff of St. Joseph County,
the South Bend Police Department, and the Mishawaka Police Department. The
objective of the unit is to provide professional, compassionate, and competent
assistance to victims and their families by having investigators, prosecutors, and
advocates who are trained and dedicated to working with these types of cases.
The child abuse cases investigated by the Special Victims Unit will be
handled in a team concept with principal partners being law enforcement,
Department of Child Service, CASIE Center, and deputy prosecuting attorneys.
To accomplish its objective of the Special Victims Unit, the South Bend
Police Department, the St. Joseph County Police Department, and the Mishawaka
Police Department provide sworn police officers. During this period of assignment,
all sworn officers are under the direct supervision and control of the Commander
of Special Victims Unit. Specialty training is provided to officers and Prosecutor
staff in the unit to enhance their job skills and further develop their expertise. The
costs of the officer's training is shared by the officer's department and the office of
the Prosecuting Attorney.
The St.Joseph County Prosecutor provides the command structure for the
unit which shall consist of the positions of Commander and Assistant Commander.
The Commander and Assistant Commander will be responsible to and report to
the Prosecutor, the Sheriff of St. Joseph County, Chief of Police of South Bend,
and the Chief of Police of Mishawaka. The St. Joseph County Prosecutor also
provides the appropriate number of deputy prosecuting attorn- . - : . ...
staff within the unit. Filed in lerk's Office
JUL 191623
t.)AWN M.JONES
CITU CLERK,SOUTH BEND,IN