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CC-02-07-11-01 Drug Task Force Interlocal Agmnt.RESOLUTION CC- 02- 07 -11 -01 WHEREAS, it is in the public interest to approve the Interlocal Agreement. SPONSOR: Councilor Snyder AN RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA APPROVING AND ADOPTING DRUG TASK FORCE INTERLOCAL AGREEMENT WHEREAS, Indiana Code 36 -1 -7 authorizes cooperative endeavors between governmental entities so as to better and more economically and efficiently serve the public health, safety and welfare; and WHEREAS, Indiana Code 36 -1 -7 -2 authorizes the Common Council to approve such "interlocal agreements;" and WHEREAS, a certain interlocal cooperation agreement between the City of Carmel, Indiana "City the City of Noblesville, Indiana, the City of Lebanon, the Town of Whitestown, Indiana, the Town of Fishers, Indiana,•the Town of Zionsville, Indiana, and the Prosecutors of Hamilton and Boone Counties, Indiana, a copy of which is attached hereto and incorporated herein as Exhibit A "Interlocal Agreement pertains to a multi county drug task force made up of participating political subdivisions; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana, that: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. The Interlocal Agreement should be and is hereby approved and adopted by the Common Council of the City of Carmel, Indiana. Section 3. This Resolution shall become effective on and after the date and time it is properly approved and signed by a majority of the members of the Carmel Common Council. PASSED by the Common Council of the City of Cannel, Indiana, this 1 day of 6 2011, by a vote of 7 ayes and d nays. Page One of Two Pages The document was prepared by Douglas C. Haney, Carmel City Attorney. Z: \E Bass\My Documents \Resolutions- CCC12011 \DRUG TASK FORCE Interlocal Agreement.docxl /27/2011 10:00 AM Presiding Offic hn V. Accetturo Ronald E. Carter ATT Di na L. Cordray, IAMC, Clete" Treasurer 2011, at 11:01 .M. St Approved by me, Mayor of the City of Carmel, Indiana, this a 1 day of at l• o s P M. n v ames Brainard, Mayor ATTEST: mpore Presented by me to the Mayor of the City of Carmel, Indiana this day of Diana L. Cordray, IAMC, Clerk Treasurer Resolution CC- 02- 07 -11 -01 Page Two of Two Pages COMMON COUNCIL FOR THE CITY OF CARMEL The document was prepared by Douglas C. Haney, Carmel City Attorney. Z: \E Bass\My Documents \Resolutions- CCC120111DRUG TASK FORCE Interlocal Agreemenl.docx11271201 1 10:00 AM SPONSOR: Councilor Snyder Diana L. Cordray, 1AMC, C Treasurer DRUG TASK FORCE INTERLOCAL AGREEMENT APB !1OV.D AS TO FORM BY THE CITY OF CARMEL, INDIANA, THE CITY OF NOBLESVILLE, INDIANA, THE CITY OF LEBANON, THE TOWN OF WHITESTOWN, INDIANA, THE TOWN OF FISHERS, INDIANA, THE TOWN OF ZIONSVILLE, INDIANA AND THE PROSECUTORS OF HAMILTON AND BOONE COUNTIES, 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, PARTIAL GRANT FUNDS HAVE 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, BOONE 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 EH-'ECTIVE 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. TOWN OF WHITESTOWN, 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; AND 7. PROSECUTOR OF BOONE COUNTY, INDIANA; AND 8. CITY OF LEBANON, 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 I:S 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 ONE (1) MEETING 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 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 PARTIALLY 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 NO LATER THAN NINETY (90) DAYS PRIOR TO ITS WITHDRAWL 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. 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. Town of Fishers, Indiana: Approve Lind aye Cordell Clerk Treasurer ief La nforcement Officer 3- L/ /o Date All of which is RESOLVED by the Town of Fishers, Indiana, by and through its Town Board, that the Drug Task Force Interlocal Agreement i 'n all res tsoved Date: 3—/— J A .i/ Add lifilaWffri ATTEST: —AO B� a Town of Zionsvill Approved by: Date Chief Law forcemen ATTES Z insvil -rk/Treasurer Valerie R. Smack Timo Date All of which is RESOLVED by the Town of Zionsville, Indiana, by and through its Town Board. that the Drug Task Force Interlocal Agreement is in all respect. .roved. I ta elton Harris 11 All of which is RESOLVED by the Prosecutor of Hamilton County, Indiana, that the Drug Task Force Interlocal Agreement is in all respects approved. 02/08/10 Date Sonia Prosecutor 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 odd Meyer, All of which is RESOLVED by the City of Carmel, Indiana, by and through its Common Council, that the Drug Task Force Interlocal Agreement is in all respects approved this `Th day of� ,a'i_u.. 2011. W. Eric Seidens icker, President Presiding Office n V. Accetturo Ronald E. Carter ATTE F COMMO CO NCIL FOR THE CITY OF CARMEL Diana L. Cordray, IAMC, C 4' -Treasurer pore Kevin Rid Richard uci der /117%-j"--iwpygoitaxii/e- C• o� p NA. 4 TEST 17 at.q L CoTd.ray TArnc C Aef i ear j r ATTEST: City of Carmel, Indiana: Approved by: All of which is Public Works, that the Date: 41- t1- t o Chief Law Enforcement Officer RESOLVED by the City of Carmel, Indiana, by and through its Board of Drug Task Force Interlocal Agreement 's in all respects approved. Diana L. Cordray, Cle -Treasurer Date Town of Whitestown, Indi Approved by: Chief Law Enforcement Officer All of which is RESOLVED by the Town of Whitestown, Indiana, by and through its Town Board, that the Drug Task Force Interlocal Agreement is in all respects approved. Date: /0 1 U ATTEST: B 7..1a Clerk- Treasurer Original Document /0-// -20i0 Date City of Lebanon, Indiana: Approved by: All of which is RESOLVED by the City of Lebanon, Indiana, by and through its Board of Public Works, that the Drug Task Force Interloc. Agreement is i+ all re pects appr� ed. ti Date: /6 7 Q A 1 1EST: By Clerk Treasurer Chief Law Enforcement Officer /c 7- )C Date City of Noblesville, Indiana: Approved by: Date: Chief Law Enforcement. Officer Date All of which is RESOLVED by the City of Noblesville, Indiana, by and through its Board of Public Works and Safety, that the Drug Task Force lnterlocal Agreement is in all respects approved. John Ditslear, Mayor Larry Stork, Board of Works Jack Martin, Board of Works 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. 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. RESPONSIBLE FOR THE MAINTENANCE AND REVIEW OF ALL CONFIDENTIAL INFORMANT FILES.