HomeMy WebLinkAbout20141164.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR PROVISION OF MUTUAL
AID (CORONER SERVICES) DURING DISASTER EMERGENCIES AND AUTHORIZE
CHAIR TO SIGN - MORGAN COUNTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with an Intergovernmental Agreement for
Provision of Mutual Aid (Coroner Services) During Disaster Emergencies between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on
behalf of the Coroner's Office, and Morgan County, with terms and conditions being as stated in
said agreement, and
WHEREAS, after review, the Board deems it advisable to approve said agreement, a copy
of which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Intergovernmental Agreement for Provision of Mutual Aid (Coroner
Services) During Disaster Emergencies between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Coroner's Office,
and Morgan County be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 14th day of April, A.D., 2014.
BOARD OF COUNTY COMMISSIONERS
ELD COUNTY, COLORADO
direct,ATTEST: ,J�IO:r4 �4 o C v �z✓_
Douglas ademac er
Weld County Clerk to the Boar. Imo, ff• rbara Kirkmey r, Pro-Tem
BY:
rm
Dep I y Clerk to the B.' . 2�%r c .�� J .
an P. Conway
AP ED RM:
Mike Free
ty At orney L
Wi iam . Garcia
Date of signature: 4)1/4
Ct: Co(mw)
tie 2014-1164
CO0003
X861
vpUNTY (�
Date: 4/9/2014
Board of County Commissioners
From Weld Coroner
Subject: Mutual Aid Agreement for Coroner Services
Having first brought this to the BOCC in a work session on 3/17/2014, I now request the Weld
County Board of County Commissioners to consider entry into agreements with other Northeast
Colorado counties for the mutual aid of coroner services in the event of mass fatality.
Having agreements in place prior to a disaster is desirable and necessary for the swift aid in time
of disaster.
Recommendation:
Weld County Board of County Commissioners to authorize agreements for mutual aid of coroner
services, and Chair to sign.
Mark Ward, F-ABMDI
Coroner
Attachments: Proposed mutual aid agreement with: Adams, Boulder, Lorimer, Morgan and
Logan Counties.
2014-1164
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COMMISSIONERS OF
WELD COUNTY
AND
THE BOARD OF COUNTY COMMISSIONERS OF
MORGAN COUNTY
FOR THE PROVISION OF MUTUAL AID IN THE FORM OF
CORONER SERVICES
This Agreement entered into by and between the Board of County Commissioners for the
County of Weld, State of Colorado, on behalf of the Weld County Coroner (915 10th Street,
Greeley, Colorado), and the Board of County Commissioners of the County of Morgan, State
of Colorado, on behalf of Morgan County Coroner(512 Edmuds, Brush, Colorado) hereafter
referred to individually as an"Agency" and jointly as the "Agencies".
WHEREAS, intergovernmental agreements to provide functions or services, including
the sharing of costs of such services or functions, by political subdivisions of the State of
Colorado, are specifically authorized by C.R.S. § 29-1-203, and other sections of the Colorado
Revised Statutes; and
WHEREAS,the Agencies maintain paid or volunteer Deputy Coroners, Coroner
Investigators, along with equipment and facilities for the purpose of death investigation, body
handling and body storage; and
WHEREAS, from time to time during both emergency and non-emergency situations,
demand for an Agency's resources exceed such resources and outside assistance is required; and
WHEREAS, the Agencies wish to provide mutual aid to each other in such instances; and
WHEREAS, the Agencies desire to memorialize the terms for the provision of mutual aid
in the form of coroner services to residents within the boundaries of Weld County and Morgan
County.
NOW THEREFORE, in consideration of the promises and the mutual covenants herein set forth,
the Agencies agree as follows:
1. Definitions
Assisting Agency: The Agency responding to a request for mutual aid within the
jurisdiction of the other Agency making the request.
Requesting Agency: The Agency requesting the aid of the Assisting Agency.
2. Provision of Mutual Aid. Subject to the terms of this Agreement, each Agency agrees to
respond, at its discretion, to requests for assistance within the jurisdictional boundaries of the
other Agency upon the request of the Coroner or Chief Deputy Coroner of the respective
Agency.
a. Ability to provide assistance: The Assisting Agency's aid to the Requesting Agency is
contingent upon the Assisting Agency having the resources available to respond, which is
at the sole determination of the Assisting Agency.
b. Costs of Providing Mutual Aid.
Costs should be negotiated separately.
c. Level of control. In response to a mutual aid request from the Requesting Agency:
i. The Assisting Agency Coroner or Chief Deputy Coroner shall have complete
discretion to determine whether or not to respond to a mutual aid request and
complete discretion to select the personnel and equipment to respond to the request.
ii. The personnel and equipment dispatched by the Assisting Agency shall at all times be
under the control of the Assisting Agency; the assisting personnel do not become
agents or employees of the Requesting Agency. Worker compensation claims and
damage claims will process through the Assisting Agency for their own personnel and
equipment; see items 7 and 8 below.
iii. The Requesting Agency shall retain all authority regarding organ or tissue donations,
decision regarding autopsy, and release of the body, clothing, or property to a funeral
home or to next-of-kin.
3. Form of Mutual Aid Request. Any request for mutual aid shall be in writing, or a phone call
followed up in writing, e-mail acceptable, within 3 hours, and include a statement of the
personnel and equipment requested. Written requests shall be substantially in the same form
as the sample mutual aid request form attached to this Agreement as Appendix A.
4. Mutual Aid Protocol.
a. The Assisting Agency will coordinate with the Requesting Agency Coroner or Chief
Deputy Coroner, or in their absence, with the law enforcement investigator in charge and
will conduct an appropriate level of investigation and documentation under the authority
g
and limitations of Colorado Revised Statute § 30-10-606, other applicable state laws, and
home agency protocols.
b. The Assisting Agency agrees to notify the Requesting Agency when it arrives on-scene to
the death and as to any organ or tissue donation that is requested.
c. The Assisting Agency will communicate and cooperate with the lead law enforcement
investigator handling the death investigation.
d. The Assisting Agency agrees to transport the deceased to their own refrigerated storage
location or to the Requesting Agency's refrigerated storage location upon request.
e. The Assisting Agency agrees to safeguard, inventory, and temporally store decedent
clothing,property, or medications at their own facility if taken as part of the
investigation. The Assisting Agency will release the deceased body, clothing,property,
and medications, case notes,photographs, inventory forms, and any other documents
collected or generated to the Requesting Agency upon request.
f. The Assisting Agency will complete death notification to next-of-kin,preferably in-
person and with the presence of law enforcement provided by the Requesting Agency.
g. The Assisting Agency agrees to discuss the circumstances of the death to allow the
Requesting Agency to make a decision as to autopsy.
h. The Assisting Agencies record custodian (usually the coroner) will provide an
investigative report to the Requesting Agency within 15 calendar days from the start of
case handling with supplements as necessary. The Assisting Agency may retain a copy of
all reports/records/photographs but shall forward such records upon request to the
Requesting Agency. The Assisting Agency may dispose of their copy of the records in
accordance with their policies. The Requesting Agency shall be the Custodian of
Records for all records generated through this Agreement.
i. The Requesting Agency is responsible for making all autopsy arrangements including
transportation to autopsy.
j. The Requesting Agency will specify and provide a copy of any particular
policy/procedure that is to be followed during the period of assistance. Otherwise the
Assisting Agency will follow its own policies and procedures as closely as is possible.
5. Standards of Performance. Each Agency agrees that the actions, methods, and practices of its
personnel shall conform with the applicable requirements of State Law and to the acceptable
standards and practices of the profession.
6. Insurance. Each Agency shall maintain its own insurance coverage, for liability, damage, and
Workers Compensation, for the responding personnel and equipment. At all times that
Assisting Agency personnel and equipment are dispatched pursuant to this Agreement, such
personnel and equipment shall be subject only to liability, worker compensation, and other
insurance of the Assisting Agency.
7. Employment Status of Responding Personnel. Nothing contained in this Agreement, and no
performance under this Agreement by personnel of the Agencies, shall in any respect alter or
modify the status of officers, agents, or employees of the respective Agency for purposes of
worker's compensation or their benefits or entitlements, pension, levels or types of training,
internal discipline, certification, or rank procedures, methods, or categories, or for any
purpose, or condition or requirement of employment. Worker's compensation claims shall
be processed as if it were generated by any other work assignment within the Assisting
Agency's jurisdiction. The Assisting Agency shall remain responsible for processing any
worker's compensation claims filed by its personnel rendering mutual aid.
8. Waiver of claim. Each Agency waives all claims and causes of action against the other
Agency for compensation, damage,personal injury or death occurring as a consequence,
direct or indirect, of the performance of this Agreement,to the extent permitted by, and
without waiving any protection or other provisions of, the Colorado Governmental Immunity
Act, Colorado Revised Statutes §§ 24-10-101 et seq., as applicable now or hereafter
amended.
9. Effective Period. Upon execution of this Agreement by both Agencies,this Agreement shall
continue until such time as either Agency terminates, with or without cause, this Agreement
after having given thirty days advance written notice to the other Agency of its intention to so
terminate this Agreement.
10. Amendments. Amendments to this IGA may be made only upon unanimous written consent
by both Agencies.
11. No Third-Party Beneficiaries. Nothing in this Agreement shall be construed to create a cause
of action or civil liability remedy in any person not a party to this Agreement. This
Agreement exists for the sole benefit of the parties to the Agreement. The Agreement shall
not be construed to create a duty by either party to any third party where no such duty
otherwise existed.
IN WITNESS WHEREOF, the duly authorized representatives of the respective agencies have
signed on the dates indicated below.
BOARD of COUNTY COMMISSIONERS BOARD of COUNTY COMMISSIONERS
FOR MORGAN COUNT COLO DO FOR WELD COUNTY, COLORADO
//� C
By: / By: IDa cQPwo
1 APR 1 4 2014
Date: y —09 Date:
ATTEST: ATTEST: dorthAlS XS../fill""'ws,
Morgan County Clerk to the Board Weld County Clerk to the Boar, 0:
x•14
Wind �
MORG C TY CORONER WELD COUNT RO R �,
By. By: �•
Date: kh\ 28' 2,0 14 Date: -V ,j &O/N
APPENDIX A:
Sample Mutual Aid Request Form
Use of your letterhead is optional
Date:
From:
To:
Subject: Request for Mutual Aid
In accordance with the provisions of the Intergovernmental Agreement that is currently in effect
between our counties, I am requesting Coroner Department assistance.
We request the following:
Personnel (Number and type):
For Example: 1 Deputy Coroner
Equipment:
For Example: 1 Transport vehicle with sufficient supplies for up to 3-deaths
We anticipate that this assistance will be required for (For Example 24 hrs) from the time of
your dispatch to assist us.
Sincerely,
Coroner
Copies:
Clerk to the Board of County Commissioners
County Attorney
Human Resources
County Finance Officer
Hello