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HomeMy Public PortalAboutResolutions_2023-09_4/10/2023RESOLUTION NO. 2023-09 RESOLUTION APPROVING 28E AGREEMENT BETWEEN THE CHEROKEE COUNTY, IOWA, THE CITY OF AURELIA, IOWA AND THE CITY OF MARCUS IOWA FOR THE ADMINISTRATION OF MEDICOLEGAL DEATH INVESTIGATIONS WHEREAS, the Cherokee County, Iowa and the cities of Aurelia and Marcus agree for the Administration of Medicolegal Death Investigation; and WHEREAS, the County Medical Examiner's Office and the Cities' Police Chief shall be designated as the Administrators of the Agreement for the purposes of the Iowa Code Chapter 28 so long as the Cities continue to use one in the same Police Chief; and NOW BE IT RESOLVED by the City Council of the City of Marcus, Iowa, that the City Council does hereby authorize the execution of the following agreement: 28E Agreement between the Cherokee County and the City of Aurelia and the City of Marcus for Medicolegal Death Investigations. BE IT FURTHER RESOLVED by the City Council of the City of Marcus, Iowa, that the City Council does hereby authorize the execution of the following 28E agreement. PASSED AND APPROVED this 1 6 day of 0 , 2023. Pat Bunt, Mayor ATTEST: Robin A. Harvey, City Clerk-Treasur COUNTY OF CHEROKEE, IOWA CITY OF AURELIA, IOWA Passed a.4d approved, this J `�' • day of Passed and approved, this day of tr(l ,20 ,20 Y: Rick'Mangan, Chair ATTEST: BY: Kris Glienke, Auditor CITY OF MARCUS, IOWA P sed an approved, this � �%*h day of -7HV , 2 BY: Patrick Bunt, Mayor BY: Robin Harvey, Clerk BY: -Gene Suhr,-Mayor• . • • BY: Stephanie McSparran, Clerk STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this ill -day of , 2023, this document was sworn to or in my presence by kick Chair and Attested by Kris Glienke, Auditor of acknowledged y Mongan, Cherokee County, Iowa, respectively, executing the foregoing instrument, that said instrument was signed on behalf of the County by authority of its Board of Supervisors. IOWA JODI B MONGAN CommIsslort Number 82BB85 MY COMMISSION EXPIRES DECEMBER 9, 2023 STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) _\-x1X3-0(A. NOTARY PUBLIC - STATE OF IOWA On this day of , 2023, this document was sworn to or acknowledged in my presence by Gene Subr, Mayor and Attested by Stephanie McSparran, Clerk of the City of Aurelia, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. NOTARY PUBLIC - STATE OF IOWA STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this/ 94 -ay of /ffr i / , 2023, this document was sworn to or acknowledged in my presence by Patrick Bunt, Mayor and Attested by Robin Harvey, Clerk of the City of, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. JUDY K MEANS Commission Number 757309 My Comm. Fxp. Marcit,fl3,.� NOTARY PUBLIC - STATE OF IOWA K 28E AGREEMENT BETWEEN THE CHEROKEE COUNTY, IOWA, THE CITY OF AURELIA, IOWA AND THE CITY OF MARCUS IOWA FOR THE ADMINISTRATION OF MEDICOLEGAL DEATH INVESTIGATIONS This Agreement for the Administration of Medicolegal Death Investigation ("Agreement") made and entered into this day of 2023, by and between the CHEROKEE COUNTY, IOWA, (hereinafter referred to as "County"), the CITY OF AURELIA, IOWA, and the CITY OF MARCUS, IOWA, both Iowa municipal corporation organized and existing under the provisions of Iowa Code Chapter 362, (hereinafter referred to as "Cities"). This Agreement is entered into pursuant to the provisions of Chapter 28E of the Code of Iowa. This Agreement is between three public agencies for cooperative action. Neither a separate legal or administration entity, nor joint board, will be created for administration of the Agreement. Currently, the County Medical Examiner and Medical Examiner's Office program Administrator and the Cities' Police Chief shall be designated as the Administrators of the Agreement for purposes of the Iowa Code Chapter 28E so long as the Cities continue to use one in the same Police Chief. After execution of this Agreement by the County and the Cities, it shall be filed in the office of the Iowa Secretary of State as required by law. This Agreement shall be effective when executed and filed as set forth herein unless terminated by any of the three governmental entities as provided below. ARTICLE I General The parties share a mutual interest to maintain the availability of a Medical Examiner Investigators to complete Medicolegal Death Investigations to serve their community. This Agreement presents a cooperative approach towards addressing various collaborative efforts to maximize the availability of this service within the County without burdensome administrative costs or the necessity of outsourcing. This requires the hiring, training, and retention of certain officials competent to serve as a Medical Examiner Investigator who can complete Medicolegal Death Investigations, (hereinafter " MEI"). Selection 1. The MEI shall be an ILEA certified law enforcement official. 2. The MEI will maintain at least the minimum qualifications required for employment as a law enforcement officer with the County or the Cities. 3. The MEI shall follow the rules, procedures, and protocols contained in the Iowa Code and as directed by the Iowa State Medical Examiner's Office. 4. The Administrators shall select the officer for assignment as ME in consultations with, and subject to the approval of, the County and Cities. Supervision 1. The County Medical Examiner and Medical Examiner's Office Administrator shall supervise the officers assigned as MEI. 2. In addition to providing direction for the MEI, the County - Medical Examiner and Medical Examiner's Office program Administrator will serve as a liaison between the County and Cities in order to resolve matters of mutual concern. 3. The County in consultation with the County Medical Examiner and Medical Examiner's Office program Administrator and Mayor of each of the Cities, will complete a performance evaluation of the MEI annually. 4. All parties shall cooperate with the sharing of personnel information to facilitate this evaluation. 5. The Cities will provide a properly marked police vehicle to the MEI for his/her duties and contemplate that these duties may occur during regularly scheduled hours of duty. 6. Training: The Cities will be responsible to ensure all in-service training and cost related to maintaining the Officers status as a certified police officer are met. 7. Job Duties and Obligations. The Parties recognize that an officer's primary job and duties lie with the Cities where such officer is employed. Assignment 1. The MEI will be assigned cooperatively by the County and Cities. It is not contemplated that an MEI will be assigned as a primary employee of the County. Employment administration shall be conducted by the Cities who are the primary employer of the MEI. 2. The MEI shall be "on -call" in the event of a death in Cherokee County to complete a Medicolegal Death Investigation. No regular hours of employment shall be set. Any additional time shall be measured by the MEI and submitted to the Cities pursuant to the MEI's respective employment schedule. Assuming two MEIs are to be designated, the MEI on -duty with their respective City shall be called into duty by the County Medical Examiner's Office. The Cities and County agree to cooperate regarding the intent to avoid overtime. The Cities shall be reimbursed a mutually agreed upon flat fee per Medical Death Investigation. This reimbursement shall be made by monthly submissions to the County. ARTICLE II Duties and Responsibilities of Medical Examiners 1. The MEI will adhere to State code, County policy, police policy, and any other legal requirements while conducting Medicolegal Death Investigations. The Cities' policies shall supersede County policy while conducting police activities. 2. The parties acknowledge that the MEI may from time to time acquire confidential information concerning the person who is subject to investigation. The MEI shall keep information or records confidential by the MEI in compliance with County policy, policy of the Cities, and federal, state, and local law. 3. When necessary, the MEI shall give assistance to other law enforcement officers in matters regarding his/her assignment. However, the MEI will not be available to conduct investigations extraneous to his/her assigned MEI responsibilities for the sake of convenience or expediency without prior approval from the County Medical Examiner or Medical Examiner's Office program administrator. 4. The MEI will work in uniform attire as prescribed by the Cities. Exceptions may be made with approval of the Cities. The MEI shall carry a regulation sidearm and other approved/assigned police equipment necessary to perform the essential functions of the position in accordance with police department policy and regulations and applicable law. 5. The MEI shall perform other duties as mutually agreed upon by the Administrators so long as the performance of such duties is reasonably related to this Agreement and so long as such duties are consistent with the Cities' rules and regulations. ARTICLE III Rights and Duties of the County The County shall provide to the MEI with the following materials and facilities which are deemed necessary to the performance of the MEI's duties: 1. Specialized equipment necessary for the performing of Medicolegal Death Investigations. In the event this Agreement is terminated, all equipment shall be returned and remain in the possession of Cherokee County; 2. A location for files and records which can be properly locked and secured; 3. A desk with drawers, a chair, worktable, filing cabinet and office supplies; 4. Internet access; 5. All specialized training and associated costs required to perform and obtain certification as Medical Examiner Investigator as outlined by the Iowa Code and American Board of Medicolegal Death Investigators shall be paid for by Cherokee County and/or reimbursed to the Cities by Cherokee County. Costs include but are not limited to training registration, wages, hotel, meal per diem and milage in the event a city owned vehicle is utilized, ARTICLE IV Employment Statutes The MEI shall remain an employee of the Cities and shall not be an employee of the County for any purpose. The employment agreement between the Cities and the MEI shall contain a provision stating that the MEI will perform services in accordance with this Agreement and shall contain no provision inconsistent with this Agreement. ARTICLE V Replacement of Medical Examiner 1. In the event that the County Medical Examiner or Medical Examiner's Office program administrator determines that the MEI is not effectively performing his/her duties and responsibilities, the County Medical Examiner or Medical Examiner's Office program administrator shall consult with the MEI and the Mayors of the Cities. If the situation is not resolved, the principal shall recommend to the County that the MEI be removed from the MEI program and shall state the reasons therefore in writing. Within a reasonable time after receiving a request for removal, the Cities or their designees shall meet with the MEI to mediate or resolve any problems which may exist. At such meeting, the Cities or its representative and the MEI may be required to be present. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or in the event mediation is not sought by the Cities, then the MEI shall be removed from the program and replaced. 2. The Cities may reassign an MEI based upon City policies. 3. In the event of a vacancy in the position of MEI, or in the case of long-term absence by a MEI, parties hereto will work together to resolve the vacancy. ARTICLE VI Financing of the Administration of Medicolegal Death Investigations The amount budgeted in this position of MEI for FY23-24 is $ .00. This was calculated considering the Sioux Valley Memorial Hospital Association was to complete these services. The flat fee will be addressed annually in January by the Cities and the County. The County will prepare the budget for the program on an annual basis and provide a copy of the proposed budget to the Cities on or before the last day of February of the year preceding the budget year. ARTICLE VII Duration and Termination of Agreement The term of this Agreement shall be effective upon signing and expire one (1) year from adoption. Extensions to this Agreement may be made automatically for successive periods of one (1) year or longer as determined by Resolution of the Cities and County. Either party may terminate this Agreement, with or without cause, by providing written notice with not less than ninety (90) days notice. Upon termination of this Agreement (a) the County will retain all examination equipment, desks, chairs, tables, filing cabinets, provided technologies, access cards, building keys and other County property and (b) each City will retain all motor vehicles, radios, cell phones, computers, cameras, storage safes, and other City property. ARTICLE VIII Insurance and Indemnification 1. Liability Insurance. The Cities and the County shall each maintain Commercial General Liability insurance for protection of each, respectively, from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property arising from the performance of their obligations under this Agreement due directly or indirectly to the actions of the insured. Liability policies shall have limits of not less than Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) annual aggregate, which limit can be met with a combination of primary and umbrella policies. Deductibles and self -retentions shall be commercially reasonable and in accord with general practices of Iowa Counties and municipal corporations of similar size. 2. Workers' Compensation/Employer's Liability Insurance. The Cities shall maintain Workers' Compensation insurance for the MEI as statutorily required by the State of Iowa and Employer's Liability insurance in amounts not less than $100,000 per accident, per employee, per disease, and $500,000 in the aggregate. 3. Other Insurance Provisions. All required shall be obtained from issuers of recognized responsibility licensed to do business in the State of Iowa. Each party shall be furnished with a certificate(s) of insurance required under this Agreement upon request. Such policies shall not be modified or cancelled except upon at least thirty (30) calendar days' prior written notice to the other party to this Agreement. It is specifically agreed that the types and amounts of insurance specified above shall not limit or otherwise affect any party's obligation to indemnify and hold the other party harmless as provided by the indemnification provisions of this Agreement. The failure of any party to maintain the insurance coverage and limits required by this Agreement shall be considered a material breach of this Agreement. However, the failure of any party to declare another party to be in material breach shall not be deemed a waiver by the other party of the right to claim a material breach for a subsequent failure to maintain the required coverage or limits. 4. Indemnification by County. To the extent permitted by law, the County agrees to indemnify, defend, and hold harmless the Cities, its officers, agents, and employees, against all claims, suits, actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury including death resulting directly or indirectly there from, arising from any acts or omissions of the County, either active or passive, or those of its agents, employees, assigns, or any other person acting on its behalf in the performance of its obligations, duties, and responsibilities imposed under the Agreement. 5. Indemnification by Cities. To the extent permitted by law, the Cities agrees to indemnify, defend, and hold harmless the County, each other, and their officers, agents, and employees, against all claims, suits actions, debts, damages, costs, charges, and expenses, including court costs and attorney's fees, and against all liability for property damage and personal injury including death resulting directly or indirectly there from, arising from any acts or omissions of the Cities, either active or passive, or those of its agents, employees, assigns, or any other person action on its behalf in the performance of its obligations, duties, and responsibilities imposed under this Agreement. 6. Waiver of Subrogation Rights. The Cities and the County each release the other from any claim for recovery for any loss or damages to any of its property that is insured under valid and collectible insurance policies to the extent of any recovery collectible under such insurance. The Cities and County shall all waive and, to the extent allowed by law cause its insurance underwriter to waive, its rights of subrogation with respect to Workers' Compensation. 7. Claims. Each party shall notify the other party of any claim or any potential claim for bodily injury or property damage to another arising out he actions taken under the Agreement as soon as practical following knowledge of the claim or potential claim. ARTICLE IX Miscellaneous 1. Amendment. This Agreement may only be modified by written mutual agreement of the parties. 2. Binding Effect. This Agreement shall be binding upon, and inure the benefit of, the parties and their successors and assigns. However, neither party may assign this Agreement without the consent of the other party. 3. Severability. If any clause, provision or section of this Agreement shall, for any reason, be held illegal or invalid by any court, the illegality or invalidity of such clause, provision or section shall not affect any of the remaining clauses, provisions or sections, and this Agreement shall be construed and enforced as if such illegal or invalid clause, provision or section had not been contained herein. In case any agreement or obligation shall be deemed to be the agreement or obligation of the parties to the full extent permitted by law. 4. Notices. All notices under this Agreement must be in writing and shall be deemed given when either personally delivered, transmitted by confirmed facsimile or confirmed electronic mail or when received by certified mail at the address below or at another address as designated by a party. 5. Supersedes. This Agreement supersedes all prior agreements between the County and the Cities purporting to Administer Medicolegal Death Investigations. 6. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. Cherokee County Attention: Kris Glienke, Auditor 520 W. Main St. Cherokee, IA 51012 City of Marcus Attention: Pat Bunt, Mayor 222 N. Main St. Marcus, IA 5103 City of Aurelia Attention: Gene Suhr, Mayor PO Box 236 Aurelia, IA 51005 COUNTY OF CHEROKEE, IOWA CITY OF AURELIA, IOWA Passed and approved, this day of Passed and approved, this day of ,20 ,20 BY: Rick Mongan, Chair BY: Gene Suhr, Mayor ATTEST: BY: Kris Glienke, Auditor BY: Stephanie McSparran, Clerk CITY OF MARCUS, IOWA Passed and approved, this day of , 20 BY: Patrick Bunt, Mayor BY: Robin Harvey, Clerk STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this day of , 2023, this document was sworn to or acknowledged in my presence by Rick Mongan, Chair and Attested by Kris Glienke, Auditor of Cherokee County, Iowa, respectively, executing the foregoing instrument, that said instrument was signed on behalf of the County by authority of its Board of Supervisors. NOTARY PUBLIC - STATE OF IOWA STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this day of , 2023, this document was sworn to or acknowledged in my presence by Gene Suhr, Mayor and Attested by Stephanie McSparran, Clerk of the City of Aurelia, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. NOTARY PUBLIC - STATE OF IOWA STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this day of , 2023, this document was sworn to or acknowledged in my presence by Patrick Bunt, Mayor and Attested by Robin Harvey, Clerk of the City of, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. NOTARY PUBLIC - STATE OF IOWA STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this 114 -.day of , 2023, this document was sworn to or acknowledged in my presence by Rick Mon Chair and Attested by Kris Glienke, Auditor of g by Cherokee County, Iowa, respectively, executing the foregoing instrument, that said instrument was signed on behalf of the County by authority of its Board of Supervisors. eit% /CNA JODI B MONGAN Cemmlaelon Number 826665 MY COMMISSION EXPIRES DECEMBER 9, 2023 STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) __\pt6-\Y NOTARY PUBLIC - STATE OF IOWA On this day of , 2023, this document was sworn to or acknowledged in my presence by Gene Ruhr, Mayor and Attested by Stephanie McSparran, Clerk of the City of Aurelia, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. NOTARY PUBLIC - STATE OF IOWA STATE OF IOWA ) ) ss: COUNTY OF CHEROKEE ) On this /97 y of /pr i f , 2023, this document was sworn to or acknowledged in my presence by Patrick Bunt, Mayor and Attested by Robin Harvey, Clerk of the City of, Iowa, executing the foregoing instrument, that said instrument was signed on behalf of the City by authority of its City Council. JUDY K MEANS Commission Number 757309 My Comm. Exp. MarciA3.247 NOTARY PUBLIC - STATE OF IOWA COUNTY OF CHEROKEE, IOWA Passed anld approved, this t +.' day of r(\ ,20 Y: Rick Mangan, Chair ATTEST: B{Y: Kris Glienke, Auditor CITY OF MARCUS, IOWA P sed an approved, this i '*h day of -HV ,2 BY: Patrick Bunt, Mayor BY: Robin Harvey, Clerk CITY OF AURELIA, IOWA Passed and approved, this day of , 20 BY:-Gena'Suhr,-Mayor- .. BY: Stephanie McSparran, Clerk