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BPW-11-20-96-11 Ham Co DrugTaskResolution No. BPW-11-20-96-11 A RESOLUTION OF THE BOARD OF PUBLIC WORKS AND SAFETY OF THE CITY OF CARMEL, INDIANA APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CARMEL, CITY OF NOBLESVILLE, COUNTY OF HAMILTON, TOWN OF FISHERS, TOWN OF ZIONSVILLE, AND THE PROSECUTOR OF HAMII,TON COUNTY WHEREAS, the City of Cannel has the authority to enter into an inte~ocal agreement pursuant to IC 36-1-7, et seq.; and WHEREAS, the City of Carreel has negotiated an interlocal agreement to operate the Hamilton County Drag Task Force. NOW, THEREFORE, BE IT RESOLVED by the Board of public Works and Safety of the City of Carmel, Indiana as follows: An interlocal agreemere to operate the Hamilton County Drug Task Force between the City of Cannel, City of Noblesville, County of Hamilton, Town of Fishers, Town of Zionsville and the Prosecutor of Hamilton County is hereby approved conditioned upon receipt of the requisite approvals of all appropriate governmental entities. PASSED AND ADOPTED by the Board of public Works and Safety of the City of Carreel, Indiana this ~O'~ day of/L)~as,nJoer-, 1996. ames Brainard, Mayor L~tt,so~M ber Billy W~d~, Member Diana L Cord;ay ~ DRUG TASK FORCE INTERLOCAL AGREEMENT THE CITY OF CARMEL, INDIANA, THE CITY OF NOBLESVILLE, INDIANA, THE COUNTY OF HAMILTON, INDIANA, THE TOWN OF FISHERS, INDIANA, THE TOWN OF ZIONSVILLE, INDIANA AND THE PROSECUTOR OF HAMILTON COUNTY, INDIANA ENTER INTO THIS INTERLOCAL AGREEMENT ("AGREEMENT") ON THE DATE ON WHICH THE LAST OF THE PARTIES EXECUTE THIS AGREEMENT (THE "EFFECTIVE DATE"). WHEREAS, IC 36-1-7, ET SEQ., PROVIDES FOR THE ADOPTION OF INTERLOCAL AGREEMENTS BETWEEN POLITICAL SUBDIVISIONS OF THE STATE; AND WHEREAS, A GRANT OF FUNDS HAS BEEN MADE AVAILABLE FOR A MULTI-COUNTY DRUG TASK FORCE (THE "TASK FORCE"), TO BE MADE UP OF PARTICIPATING POLITICAL SUBDIVISIONS WITH A COMMON GOAL TO COORDINATE EFFORTS TO INVESTIGATE, PROSECUTE AND ERADICATE ILLICIT DRUG OPERATIONS IN HAMILTON AND SURROUNDING COUNTIES IN THE STATE OF INDIANA; NOW, THEREFORE, BE IT RESOLVED BY THE PARTICIPATING POLITICAL SUBDIVISIONS AS FOLLOWS: TERMS AND CONDITIONS A. INCORPORATION: THE FOREGOING RECITALS ARE HEREBY INCORPORATED IN THIS AGREEMENT AND MADE A PART THEREOF. B. PARTICIPATING POLITICAL SUBDIVISIONS: AS OF THE EFFECTIVE DATE THIS INTERLOCAL AGREEMENT (THE "AGREEMENT") SHALL BE IN EFFECT FOR ITS TERM (DEFINED BELOW) AND ANY EXTENSION THEREOF, BETWEEN THE FOLLOWING POLITICAL SUBDIVISIONS (THE "MEMBER AGENCIES"): 1. CITY OF CARMEL, INDIANA; AND 2. COUNTY OF HAMILTON, INDIANA; AND 3. TOWN OF FISHERS, INDIANA; AND 4. TOWN OF ZIONSVILLE, INDIANA; AND 5. CITY OF NOBLESVILLE, INDIANA; AND 6. PROSECUTOR OF HAMILTON COUNTY, INDIANA C. JOINT SUPERVISORY BOARD: THE CHIEF LAW ENFORCEMENT OFFICER OF EACH MEMBER AGENCY (OR HIS/HER DESIGNEE) SHALL SERVE ON A JOINT SUPERVISORY BOARD (THE "BOARD") OF THE TASK FORCE SO THAT EACH MEMBER AGENCY IS REPRESENTED BY ONE (1) PERSON. THE BOARD SHALL BE RESPONSIBLE FOR THE OPERATIONS AND ACTIVITIES OF THE TASK FORCE. THE BOARD SHALL MEET ON A REGULAR BASIS FOR THE PURPOSE OF OVERSEEING THE OPERATIONS AND ACTIVITIES OF THE TASK FORCE. AT LEAST TWO (2) MEETINGS SHALL BE HELD DURING A CALENDAR YEAR AT A LOCATION MUTUALLY AGREEABLE TO THE MEMBERS OF THE BOARD. EACH MEMBER AGENCY SHALL HAVE ONE VOTE IN THE CONDUCT OF THE TASK FORCE BUSINESS. ONLY THE BOARD MAY REVIEW OR AMEND BY WRITTEN RESOLUTION THE TERMS OF THIS AGREEMENT. THE BOARD SHALL, AT ITS FIRST MEETING, ADOPT BYLAWS BY WHICH TO GOVERN ITS PROCEDURE AND ITS MEMBERSHIP. 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 "A" . F. 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. G. 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 OTHERWISE PROVIDED FROM TIME TO TIME. H. 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. I. FUNDING: FUNDING FOR THE TASK FORCE IS PROVIDED BY A FEDERAL GRANT 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 DRUG TASK FORCE EARNED INCOME ACCOUNT. INTO THIS ACCOUNT SHALL BE DEPOSITED ANY MONIES OBTAINED BY THE TASK FORCE THROUGH CONFISCATION, FORFEITURE, RICO, OR ANY OTHER MONIES GENERATED FROM THE ACTIVITIES OF THE TASK FORCE. ALL EQUIPMENT PURCHASED WITH THE FEDERAL GRANT MONIES WILL BE MAINTAINED BY THE CARMEL POLICE DEPARTMENT AS ADMINISTRATOR OF THE GRANT 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. J. ALLOCATION OF FUNDING: THE FEDERAL GRANT MONEY SHALL BE ALLOCATED TO THE LAW ENFORCEMENT AGENCIES OF THE MEMBER AGENCIES IN THOSE AMOUNTS SPECIFIED IN THE FEDERAL GRANT. K. CIVIL LIABILITY: EACH MEMBER AGENCY SHALL PROVIDE LEGAL REPRESENTATION AND ASSUME LIABILITY FOR THE ACTIONS OF ITS INVESTIGATORS ON THE TASK FORCE. LEGAL REPRESENTATION AND ASSUMPTION OF LIABILITY SHALL INCLUDE ALL TORT CLAIMS, LAWSUITS AND ALL CIVIL ACTIONS AGAINST MEMBER AGENCIES FOR ACTS OCCURRING DURING THE COURSE OF TASK FORCE OPERATIONS. PURSUANT TO IC 36-1-7-7, VISITING LAW ENFORCEMENT OFFICERS HAVE THE SAME POWERS AND DUTIES AS CORRESPONDING PERSONNEL OF THE MEMBER AGENCIES THEY VISIT, BUT ONLY FOR THE PERIOD THEY ARE ENGAGED IN ACTIVITIES AUTHORIZED BY THE MEMBER AGENCY THEY ARE VISITING. A MEMBER AGENCY PROVIDING VISITING PERSONNEL REMAINS RESPONSIBLE FOR THE CONDUCT OF ITS PERSONNEL, FOR THEIR MEDICAL EXPENSES, AND FOR WORKMEN'S COMPENSATION. L. LIAISON PARTICIPATION: NONMEMBER AGENCIES WHICH PROVIDE PERSON(S) TO PARTICIPATE ON THE DRUG TASK FORCE ON A LIAISON LEVEL (THE "LIAISON PERSONNEL") SHALL NOT BE REPRESENTED ON THE BOARD AND SHALL HAVE NO VOTING RIGHTS AS TO THE ADMINISTRATION OF GRANT MONIES. THE BOARD MAY ALLOCATE CERTAIN MONIES TO COVER EXPENSES FOR OVERTIME PAYMENTS TO LIAISON PERSONNEL INVOLVED IN TASK FORCE INVESTIGATIONS. M. TERMINATION AND DISTRIBUTION OF EQUIPMENT: ANY MEMBER AGENCY MAY TERMINATE ITS PARTICIPATION BY PROVIDING WRITTEN NOTICE TO ALL OTHER MEMBER AGENCIES NOT 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 FROM TIME TO TIME (CURRENTLY MARCH). 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. 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 DISTRIBUTED PURSUANT TO THE FEDERAL GRANT AND APPLICABLE LAW, AND IF NO SUCH INSTRUCTIONS ARE APPLICABLE THEN SUCH MONIES SHALL BE ALLOCATED AMONG THE MEMBER AGENCIES IN A PROPORTIONATE RATIO BASED UPON THE NUMBER OF TASK FORCE INVESTIGATORS 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 1/5 OF THE VALUE OF THE REMAINING MONIES). N. ADDITIONAL PARTICIPANTS: MEMBER AGENCIES MAY BE ADDED UNDER THE TERMS HEREOF IF UNANIMOUSLY APPROVED BY THE EXISTING SUPERVISORY BOARD. O. 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. P. 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 THIS 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 Carmel, Indiana: All of which is RESOLVED by the City of Carmel, Indiana, by and through its Board of Public Works, that the Drag Task Force Interlocal Agreement is in all Date: ~ ?' t~e~_approved. ATTEST: Diana Cordray, Clerk-Tre [rer EXHIBIT "1" RESPONSIBILITIES OF PROJECT DIRECTOR 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. 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. Ee ESTABLISH AND MAINTAIN A TRAINING PROGRAM FOR TASK FORCE OFFICERS. F, ENSURE OFFICERS UNDERSTAND AND COMPLY WITH TASK FORCE POLICIES AND PROCEDURES. MAINTAIN ACCOUNTABILITY OF ALL TASK FORCE FUNDS, EXPENSES AND ENSURE PROMPT PAYMENT OF ALL CLAIMS. RESPONSIBLE FOR THE MAINTENANCE AND REVIEW OF ALL CONFIDENTIAL INFORMANT FILES.