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HomeMy WebLinkAboutService Exchange Agreement - SBPD – CASIE Center & St. Joseph Co. SVU701 W. SAMPLE STREET SOUTH BEND, INDIANA 46601-2890 CITY OF SOUTH BEND JAMES MUELLER, MAYOR PHONE 574/235-9311 FAx 574/288-0268 SOUTH BEND POLICE DEPARTMENT SCO'IT A. RUSZKOWSKI, CHIEF OF POLICE Board of Public Works July 111h, 2023 City of South Bend, Indiana Honorable Board Members, The South Bend Police Department is requesting the renewal of our Service Agreement between the CASIE Center and Saint Joseph County Special Victims Unit (SVU). This agreement was established in 2012 and has been renewed every five years. Thus far, the collaboration between SBPD, the CASIE Center, and SVU has proven to be an effective model in investigating these sensitive cases as well as providing various resources to the victims all under one roof. All parties, SBPD included, agree that continuation of this collaboration are in the public's best interest. Attached in EXHIBIT A you will find a summary of agreement and the scope of services provided by all involved parties. Additionally, you will find the entire 2023-2028 Service Agreement for your review. Upon approval by the Board, this Service Agreement will be presented to the Saint Joseph County Council for review and approval. This Service Agreement would be retroactive to January 15t, 2023 and concludes on December 3V, 2028. SBPD Legal Counsel, Kylie Connell, was instrumental in working on this Service Agreement and has thoroughly reviewed it as well. Thank you, FC Aaron M. Knepper #2174 Logistics Officer - Support Division South Bend Police Department (574)235-9018 SERVICE BRAVERY P RIDE DEDICATION AGREEMENT TO EXTEND THE TERM OF THE LOCAL GOVERNMENT SERVICE EXCHANGE AGREEMENT BETWEEN THE CITYOF SOUTH BEND AND ST. JOSEPH COUNTYFOR OPERATION OF THE SPECIAL VICTIMS UNIT THIS AGREEMENT is made effective the 25th., day of July, 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 Ind. 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: I. 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 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 X11 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. III. ADMINISTRATION Section 3.01 Joint Board. In addition to the terms in Paragraph III of the Local Government Exchange Agreement of October 18, 2012, pursuant to Section 3(a)(SxB)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 2 accordance with this Agreement. Section 4.02. City Responsibilities. City shall pay the sum of $40,000.00 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 maybe extended my mutual agreement upon expiration of the contract term. [SIGNATURE PAGE ATTACHED} 3 3 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 Carl Baxmeyer, President of the Board of Commissioners Derek Dieter, Member of the Board of Commissioners Deborah Fleming, Member of the Board of Commissioners ATTEST: John Murphy, St. Joseph County Auditor Date: , 2023 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS tak�a Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member 4 Joseph R. Molnar, Vice President Jordan V. Gathers, Member 4-14 Attest: Theresa M. Heffner, Clerk Date: July 25, 2023 LOCAL GOVERNMENT SERVICE EXCHANGE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND ST. JOSEPH COUNTY FOR OPERATION OF THE SPECIAL VICTIMS UNIT THIS AGREEMENT is made effective the day of (%GG-dUl" i ' 2012 by and between the City of South Bend, Indiana, acting by and through its Board of Public Works "South Bend") and St. Joseph County, Indiana ("County"). WHEREAS, South Bend 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 Exchange 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's Office") exists and operates under the authority of Ind. Code 33-39-1-1 et. seq.; and WHEREAS Prosecutor's Office 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 crimes against women and children; and WHEREAS, SVU provides services that directly impact public safety and the welfare of the community and as such affect the quality of life for all citizens in all areas of St. Joseph County, Indiana, including the City of South Bend; and WHEREAS, South Bend and County desire to enter into an agreement with the Prosecutor's Office for the purpose of providing funds to be used for the housing and operation SVU within the City of South Bend, Indiana; and NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. Purpose South Bend and County agree that it is necessary and in the public's best interests to provide for the housing and operation of SVU within the City of South Bend, Indiana. South Bend and County are each willing to provide certain funds toward the scope of services described at Exhibit "A" attached hereto and incorporated herein commencing in 2012 and for each year thereafter through and including December 31, 2017. Page I 1 F:ADATAASF[ARE\LegalA4VpdataVCheryl GAAgrecments_Miscellancous\SX Special Victims UnitAServices Exchange Agreement_FINAL_121002.doc For the purposes of this Agreement, the term "Project" shall mean the housing, operation and management of SVU through the St. Joseph County Prosecutor's Office. The Project shall include investigation and prosecution of rape/sexual assault, domestic violence, and child abuse. II. Duties A. County hereby agrees as follows: I . Pursuant to this Agreement and in accordance with the laws of the State of Indiana, County shall enter into contracts for housing and for the operation of SVU. 2. County shall enter into contracts and make purchases it deems reasonably necessary to complete the Project. Any contract let shall be subject to the funds identified for the Project. County shall supervise and administer all contracts concerning the Project. 3. County shall administer all funds concerning the Project through the St. Joseph County Auditor. 4. County shall pay the sum of $45,000.00 of the Project Funds commencing January 1, 2013 and $45,000.00 every year thereafter over the term of this Agreement with said monies to be used in accordance with this Agreement. B. South Bend hereby agrees as follows: 1. South Bend shall pay the sum of $40,000.00 of the Project Funds commencing January 1, 2013 and $40,000.00 every year thereafter over the term of this Agreement to the Auditor of St. Joseph County, Indiana, with said monies to be used in accordance with this Agreement. III. Administration This Agreement shall be administered by the Prosecutor's Office pursuant to the laws of the State of Indiana and the Ordinances of the City of South Bend. County shall have the duty of receiving, dispersing, and accounting for all the monies of this joint undertaking, and shall make payments upon authorization of the County Commissioners. County's administration of this Project shall not make it the guarantor, or liable for payments owed by South Bend. Page (2 F:ADATAASHAREVLegalAWpdataACheryl &Agreemems_Miseellaneous\SJC Special Victims Unit'Sewices Exchange Agreeinent_F1NAL_12I002.doe IV. Duration This Agreement shall expire on December 31, 2017. Funding is subject to annual appropriation of the fiscal bodies of each jurisdiction. Any monies which are 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 II for the years 2013 and beyond. This Agreement may be extended by mutual agreement upon expiration of the contract term. V. Supplemental Documents South Bend and County agree to execute any and all supplementary documents and to take any and all supplementary steps as are reasonable and appropriate to accomplish the purposes and provisions of this Agreement. VI. E-Verify Program The Parties affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien. The Parties shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The Parties shall not knowingly employ or contract with an unauthorized alien. The Parties shall not retain an employee or contract with a person that the Parties subsequently learn is an unauthorized alien. The Parties are not required to participate in the E-Verify program should the E-Verify program cease to exist. Additionally, a Party is not required to participate if it is self-employed and does not employ any employees. The Parties shall require the respective subcontractors, who perform work under this contract, to certify to the appropriate party that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Parties agree to maintain this certification throughout the duration of the term of a contract with a subcontractor. The City may terminate for default if the any Party fails to cure a breach of this provision no later than thirty (30) days after being notified by the City. Page 13 F:ADATAASHARP\LegalAWpdataVCheryl GAAgreements_Miscellaneons\SJC special Victims UnitASemices Exchange Agreement_ FINAL 121002.doe VIl. Minority and Womens Enterprise Diversity Development Persons, partnerships, corporations, associations, or joint ventures awarded a contract by the City of South Bend through its agencies, boards, or commissions shall not discriminate against any employee or applicant for employment in the performance of a City contract with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, sex, religion, color, national origin, ancestry, age, or disability that does not affect that person's ability to perform the work. In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or any combination of the foregoing including, but not limited to, public works contracts awarded under public bidding laws or other contracts in which public bids are not required by law, the City, its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority Business ("MBE") or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible, responsive bidder. In no event shall persons or entities seeking the award of a City contract be required to award a subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board shall prohibit that person or entity from being awarded a City contract for a period of one (1) year from the date of such determination, and such determination may also be grounds for terminating the contact for which the discriminatory practice or noncompliance pertains. VIII. Certification Regarding Investment With Iran In accordance with Indiana Code § 5-22-16.5-1 et seg., as amended from time -to -time, the parties certify that neither party has, nor has any successor to, nor an affiliate of either party engaged in investment activities in Iran. For purposes of this certification, "Iran" means the government of Iran and any agency or instrumentality of Iran, or as otherwise defined at Ind. Code § 5-22-16.5-5. As provided by Ind. Code § 5-22-16.5-8, as amended from time -to -time, a person is deemed to be engaged in investment activities in Iran if either: a. The person, its successor or its affiliate, provides goods or services of twenty million dollars ($20,000,000) or more in value in the energy sector of Iran; or b. The person, its successor or its affiliate, is a financial institution that extends twenty million dollars ($20,000,000) or more in credit to another person for forty-five (45) days or more, if that person will (i) use the credit to provides goods and services in the energy sector in Iran; and (ii) at the time the Page 14 F:ADATAASHARE,LegalAWpdataACheryl GAAgrecments_Miscellaneous\SJC Special Victims UnitAServices Exchange Agreement_FINAL-121002.doc financial institution extends credit, is a person identified on list published by the Indiana Department of Administration. IX. Limitations of Liability for Project Activity South Bend and County acknowledge that none shall be liable to any party for completion of or the failure to complete any activities which are an obligation of SUV to perform under this Agreement related to the Project, and each party agrees to indemnify, defend, and hold harmless the other parties to this Agreement and their respective agents, officers, and employees from all claims and suits of any nature whatsoever arising from SUV's performance of duties assigned under this Agreement, from all judgments, and or expenses in hereto. X. Merger & Modification. This Agreement represents the entire agreement between the parties. No understanding(s), agreement(s) or representation(s), written or oral, not specified within this Agreement will be deemed valid provisions of the Agreement. This Agreement may not be modified, supplemented or amended except by written agreement signed by all necessary parties. Xl. Severability. The invalidity of any section, subsection, clause or provision of this Agreement shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Agreement. XIl. Counterparts. This Agreement may be executed in counterparts, all of which shall be deemed originals. X. Corporate Authority The persons signing on behalf of the respective Parties represent that he/she has been duly authorized to execute this Agreement, and has obtained all necessary and applicable approvals to make this Agreement fully binding. [SIGNATURE PAGE ATTACHED] Page 15 F:ADATAASHAREALegalAWpdataACheryl GAAgreements_Miscellaneous\SJC Special Victims Unit\Services Exchange Agreement_FINAL_121002.doc IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Agreement to be effective as of the date written above. 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 Signature Andrew T. Kostielney, President Printed Name, Title Date: 0C1 - lD 20 L2- Signature Robert Kovach Vice President Printed Name, Title Signature Dave Thomas, Member Printed Name Printed Name, Title DATE: OeA . i(P 20 1 CITY OF SOUTH BEND Acting by and through its BOARD OF PUBLIC WORKS Gary A. Wet, President i..)l C 5- z w t �- - nald 9. Inks, Member athryn Y2oos, Member Mark W. Neal, Member Michael C. Mecbam, President ATTEST: i;dda M. Martin, Clerk DATE: � , 20 (Signature Page to Local Government Service Exchange Agreement by and Between City of' South Bend and St. Joseph County dated /0) �f t Z , 2012) Page 16 F:ADATAASHARE\LegalAWpdataVChery1 GAAgreements_Miseellaneous\SIC Special Victims UnitAServices Exchange Agreement -FINAL 121002.doe The Special Victims Unit of the St. Joseph County Prosecutor's Officer investigates and prosecutes all criminal offenses involving domestic violence, all child abuse criminal offenses, and all sexual assault criminal offenses which are referred to it by local police agencies. In 1997. a S.T.O.P. Unit was started in St. Joseph County, Indiana under the authority of the St. Joseph County Prosecuting Attorney. This S.T.O.P. Unit was the first Domestic Violence Unit within the State of Indiana. (S.T.O.P. stands for "Services that Offer Protection.") The S.T.O.P. Unit was created to provide a multijurisdictional response to the issue of domestic violence by area law enforcement agencies, the Prosecutor's Office, and social service agencies. The S.T.O.P. Unit originally specialized in investigating cases of 'violence against women' throughout St. Joseph County but in January, 2003, the unit was designated as the "Family Violence and Special Victims Unit" to reflect the unit's expanded caseload which included domestic violence, child abuse, as well as sex offenses which occurred in the county. In 2007 the name was changed to the Special Victims Unit to avoid confusion with the Family Justice Center of St. Joseph County. 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 Special Victims Unit is responsible for conducting criminal investigations in all cases of domestic violence, child abuse, and sexual assault which occur within the Cities of South Bend and Mishawaka and unincorporated St. Joseph County. It also investigates these cases for otherjurisdictions as requested. 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 for a period of assignment of not less than two (2) years. 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 isl shared by the officer's department and the office of the Prosecuting Attorney, The St. Joseph County Prosecutor agrees to provide 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 attorneys and support staff within the unit. The deputy prosecutors and support staff provided shall be dedicated to the prosecution of perpetrators of domestic violence, child abuse, and sexual assault. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date BPW Date 10/16/2012 10/18/2012 Name Pam Paluszewski Department Legal Phone 5865 Legal E Attorney Name Cheryl Greene Controller review is required for all Contracts $5,000.00 or more Controller ❑ and greater than one year in length per the City Purchasing Policy Purchasing E] A reement Contract ❑ Pro o—sal I El Addendum Claim F1 El Bid Opening Quote Openin ❑Bid Award ❑ Req. to Advertise ❑Title Sheet D Quote Award 0 Chg Order No. PCA No. ❑ PCA I❑I Ease./Encroach. ❑ Traffic Control ❑ Resolution 7T—Other: Company or Vendor Name New Vendor Yes E] If Yes, Approved by Purchasin MBE/WBE Contractor L MBE Ej WBE Project Name Special Victims Unit Service Exchange Agreement with St. Joseph County Project Number Funding Source Project Fund Account No.. Amount $ Terms of Contract 5 year agreement na $40' er year Purpose/Description To provide funds for the housing and operation of the SVU in South Bend A Amount of ❑ Increase $ ❑ Decrease 1z Previous Amount $ Current Percent of Chan e: % New Amount $ Total Percent of Change: % PO No. Dispersal After Approval Copy Original El N BPW and St. Joseph County Prosecutor (2 originals) ® 5 Legal BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date July l lth, 2023 Name PFC Aaron M. Knemer #2174 Department SBPD BPW Date July 25th, 2023 Phone Extension 9018 Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ® Attorney Name Michael Schmidt Dept. Attorney ® Attorney Name Purchasing ❑ Check the ADDronriate Item TVDe — Kylie Connell All Submissions N Professional Services Agreement U Contract U Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution n Other: n Ease./Encroach Information Company or Vendor Name CASIE Center / Saint Joseph County Special Victims Unit ( New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Yes ❑ If Yes, Approved by Purchasing ® No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No SBPD / CASIE Center / SVU 2023-2028 Service Exchange Agreement Five (5) Years — January 1st. 2023 to December 31st. 2028 For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase Decrease Increase Decrease