HomeMy WebLinkAboutHamilton Boone County Drug Task Force/Interlocal AgreementByJonOberlanderat9:06am,Aug11,2020
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
D. PROJECT DIRECTOR: The commanding officer of the Task Force (the
Project Director") shall be nominated by the Chief of the Carmel Police Department with the
majority approval of the Board. The Project Director will work under the direction and guidance
of the Board and submit to the Board an annual report. Such report shall include all information
necessary to appraise the Member Agencies of the activities and accomplishments of the Task
Force, providing that all necessary precautions have been taken by the Project Director to
maintain security and to preserve and protect confidential information and sources. Other
responsibilities of the Project Director are listed in Exhibit "1".
E. TASK FORCE INVESTIGATORS: Each Member Agency shall, through the
chief law enforcement officer, select a person or persons for participation in the Task Force (the
Task Force Investigators") subject to the approval of the Project Director.
F. TERM OF AGREEMENT: This Agreement shall be in full force and effect
from the Effective Date until such time as the parties may give written notice of termination
pursuant to the terms of this Agreement or as other provided.
G. PURPOSE: To create and maintain a multi -agency investigative Task Force
directed at the investigation and prosecution of crimes involving drugs, controlled substances
and other related crimes. In addition, the Task Force investigators may be utilized by Member
Agencies upon request to the Project Director or his/her designee when the expertise of the Task
Force is deemed necessary in the furtherance of other investigations.
H. FUNDING: Funding for the Task Force is to be administered by the City of
Carmel, Indiana, through the Office of the Clerk -Treasurer of the City of Carmel, Indiana, in
accordance with procedures provided by the Indiana State Board of Accounts and applicable
statutes. There is further established an account which shall be designated the Law Enforcement
Aid Fund Earned Income Account. Into this account shall be deposited any monies obtained by
the Task Force through confiscation, forfeiture, RICO, or any other monies obtained from grant
funds, funds for operating expenses or funds generated from the activities of the Task Force. All
equipment purchased with these monies will be maintained by the Carmel Police Department as
Administrator of the fund and will be available to those Member Agencies who participate in the
Task Force. Nothing in this Agreement shall prohibit the exchange of equipment, supplies, or
services between the participants as allowed by IC 36-1-7-12.
I. ALLOCATION OF FUNDING: Federal grant money shall be allocated to the
law enforcement agencies of the Member Agencies in those amounts specified in the Federal
Grant, if applicable.
J. J. CIVIL LIABILITY: Each participating agency shall provide legal
representation and assume liability for the actions of its assigned personnel under or in
connection with their Hamilton/Boone County Drug Task Force duties. Each participating
agency assumes all liability for any and all injuries and property caused by, resulting from, or
arising out of any act or omission on the part of their assigned personnel under or in connection
with their Hamilton/Boone County Drug Task Force duties. Legal representation and
assumption of liability shall include all tort claims, lawsuits and all civil actions against
participating agencies for acts occurring during the course of Hamilton/Boone County Drug Task
Force duties. Pursuant to IC 36-1-7-7 visiting law enforcement officers have the same powers
and duties as corresponding personnel of the entities they visit, but only for the period they are
engaged in activities authorized by the entity they are visiting, and are subject to the law as if
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
they were providing services within their own jurisdiction. Each participating agency agrees to
hold harmless and indemnify each other from and against any and all losses, an expense which
they or either of them may suffer or pay as a result of claims or suits due to, because of, or
arising out of any and all such damages described above. A Member Agency providing visiting
personnel remains responsible for the conduct of its personnel, for the medical expenses, and for
worker's compensation.
K. VEHICLE INSURANCE: Each participating agency agrees to provide vehicle
insurance for their assigned personnel for any and all vehicles that their members may operate.
Each participating agency agrees by entering into this agreement to maintain a copy of their
agencies declaration of insurance which clearly outlines the required coverages listed above. It
is the responsibility of the officer to update their department on the particulars of the vehicle they
are driving. Subsequently, any damages, deductibles and/or repairs to vehicles, leased or
otherwise, will be handled through that officer's home department. Any loss or damage to the
officer's personal property will be handled by the officer's home department and subject to the
terms of their department.
Vehicles that have been seized for forfeiture will be placed into storage and the
Hamilton/Boone County Drug Task Force will provide insurance during the time they are stored.
L. LIAISON PARTICIPATION: Nonmember agencies which provide
person(s) to participate on the Task Force on a liaison level (the "Liaison Personnel") shall not
be represented on the Board and shall have no voting rights. The Board may allocate certain
monies to cover expenses for overtime payments to Liaison Personnel involved in Task Force
investigations.
M. TERMINATION OF PARTICIPATION: Any Member Agency may terminate
its participation by providing written notice to all other Member Agencies no later than ninety
90) days prior to its withdrawal from the Task force. Any monies due shall be paid within the
ninety (90) day period from the end of the period. Those monies allocated to the withdrawing
Member Agency which are unspent shall become available to the remaining Member Agencies
as determined by the Board. In the event a Member Agency withdraws from this Agreement, the
Remaining Member Agencies shall be entitled to the return of any equipment, supplies, etc.,
which were provided to the withdrawn Member Agency by the Task Force.
N. DISSOLUTION OF TASK FORCE: In the event the Task Force ceases
operation at any time, then any monies remaining in the possession of the Task Force, after
settlement of all Task Force financial obligations, shall be allocated among the member agencies
in a proportionate ratio based upon the number of Task Force investigators, support staff and
liaison personnel that Member Agency provided to the Task Force. (I.E., if the Task Force
consists of 10 Member agencies at the time it ceases operations and one Agency provided two
Task Force investigators 100 percent of the time, that Agency would be entitled to 2/10 or 115 of
the value of the remaining monies.)
O. ADDITIONAL PARTICIPANTS: Member Agencies may be added under the
terms hereof if unanimously approved by the existing Supervisory Board.
P. DISPUTES: All disputes between Member Agencies arising from the
operations and activities of the Task Force shall be settled by a majority vote of the Board or as
otherwise set forth herein.
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Q. MISCELLANEOUS:
1. This Agreement shall be interpreted under the laws of the State of Indiana
and the parties hereto agree that the Circuit or Superior Courts of Hamilton County shall
be the proper court of jurisdiction and venue to resolve any disputes not resolved by the
Board.
2. In the event any provision of the Agreement is determined by a court of
competent jurisdiction to be unenforceable, the same shall not prevent or affect the
enforceability of the remaining provisions of the Agreement.
IN WITNESS WHEREOF, THE MEMBER AGENCIES APPROVE THIS AGREEMENT
PURSUANT TO THEIR ATTACHED ENDORSEMENTS:
City of Fishers, Indiana:
Approved By: >J Date: 7 /- Z 2v
Chief Law Enforcement Officer
Updated: June 20, 2019
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Voting For Voting Against Abstain
Keith Campbell Keith Campbell Keith Campbell
ohn Copeland John Copeland John Copeland
Sierra Messenger Sierra Messenger Sierra Messenger
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Mike Kincaid Mike Kincaid Mike Kincaid
A, se
Morris Jones Morris Jones Morris Jones
Brent Wheat Brent Wheat Brent Wheat
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Dick Robertson Dick Robertson Dick Robertson
ATTEST:
f
Tonya Thayy , Clerk-Trea er
I hereby certify that the Interlocal Agreement was delivered to the Mayor of Lebanon on the q_ T—L
day ofCQ? Ol 9, at :—fin.
Tonya Th y r, Clerk-TKeurer- '--
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
I hereb APPROVE Interlocal Agreement
this day of eZewin' , 2019, at
Matthew T. Gentry, Mayor
ATTEST:
TaTToyyVh , Clerk-Treasur r
I hereby VETO Interlocal Agreement this
day of , 2019, at
m.
Matthew T. Gentry, Mayor
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Mayor
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1, Timothy Haak, Mayor for the Town of Zionsville, Indiana herby approve of the
Hamilton/Boone County Drug Task Force Interlocal Agreement. (ttached hereto)
Dated this fs- day of September, 2019.
Timothy Haak, Mayor
Town of Zionsville, Indiana
FOR ALL THE RIGHT REASONS
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Dated:
ATTEST:
iLI4-44 -
Robin Mills, Auditor
E 1
Steven C. Dillinger
Christine Alt an
Mark Heirbrandt
ALL OF WHICH IS AGREED by the Hamilton County Commissioners this f day
of S e ,ataAjer2019.
HAMILTON COUNTY COMMISSIONERS
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Hamilton County Prosecuting Attorney
D. Lee Buckingham II
All of which is RESOLVED by the Prosecutor of Hamilton County, Indiana, that the
Hamilton/Boone County Drug Task Force Interlocal Agreement is in all respects
approved.
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Boone County Prosecuting Attorney
Kent T. Eastwood
All of which is RESOLVED by the Prosecutor of Boone County, Indiana, that the Drug
Task Force Interlocal Agreement is in all respects approved.
Date;
Ken . Eastwood, Boone County Prosecutor
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
EXHIBIT "1"
RESPONSIBILITIES OF PROJECT DIRECTOR
A. Supervision and regulation of Task Force personnel. Officers assigned to the unit shall be
subject to the direct supervision and control of the Project Director.
B. The principle liaison between the Task Force and outside agencies.
C. Responsible for maintenance and upkeep of Task Force property, equipment and office
space.
D. Maintain regular liaison with the Supervisory Board.
E. Establish and maintain a training program for Task Force officers.
F. Ensure officers understand and comply with Task Force policies and procedures.
G. Ensure that policies and procedures are updated and revised in accordance with Indiana
law.
H. Maintain accountability of all Task Force funds, expenses and ensure prompt payment of
all claims.
I. Responsible for the maintenance and review of all confidential informant files.
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: E2587D79-6CD6-44A8-A366-AAA10C463146
August
8/19/2020
8/19/2020
19th
8/19/2020
8/19/2020
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