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