HomeMy WebLinkAboutC15-431 Colorado County Coroners IGAIntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
HtS TNTERGOVERNMENTAL AGREEMENT (lGA) is made and entered into effective as of the 11th day of
September, 2015, AD between each governmental entity, board of county commissioners, and corone/s
office in the state of Colorado that adopt and sign this Agreement.
WITNESSETH:
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. 5 29-L-2O3, and other sections of the Colorado Revised Statutes, and
WHEREAS, the Jurisdictions are each authorized to provide, establish, and maintain disaster emergency
services as defined by each Jurisdiction, and
WHEREAS, the Jurisdictions wish to reduce vulnerability of local and regionalJurisdictions to
overwhelming loss of life in disaster or epidemic episodes, and
WHEREAS, disaster emergencies may arise in either one, or more than one of the Jurisdictions resulting
in greater demands than the personnel and equipment of that/those Jurisdiction(s) can handle.
WHEREAS, it is in the best interest of the Jurisdictions that they may have sewices of and from other
Jurisdictions to assist in reacting to disaster emergencies, and
WHEREAS, it is in the best interests of each of the Jurisdictions to have access to emergency resources to
supplement their own during an emergenry and in recovery and
WHEREAS, it is in the best interests of each of the Jurisdictions to plan, prepare, train and exercise for
the prompt identification and handling of dead bodies, and
WHEREAS, to receive the resources cited above, it is cost effective for each of the Jurisdictions to make
available during disaster emergencies their own resources to other affected Jurisdictions, and each
Jurisdiction now wishes to do so pursuant to this lntergovernmental Agreement (lGA), and
WHEREAS, there may be some occasions where a localJurisdiction may not have coroner/medical
examiner services, equipment, or supplies available to them in time of need,
NOW, THEREFORE, based on the foregoing recitals, and in consideration of the foregoing recitals,
and in consideration of the mutual agreements contained herein, and subject to the terms and
conditions stated herein, the undersigned parties agree as follows:
1, Authoritv. Validitv. Severabilitv- and Jurisdiction.
A. This IGA is promulgated under the relevant portions of:
1) The Colorado Disaster Emergency Act was established for the purposes stated in
524-33.5-702, C.R.S. Those purposes include, among other things, authorizing and
providing for cooperation in disaster prevention, preparedness, response, and
recovery.
2l Colorado Revised Statue 530-10-505, requires the coroner, in cooperation with law
enforcement, to make all proper inquiry in order to determine and cause and
E€gle Cdunty Commlsqloners' Office
C15-431
B.
c.
D.
E.
F.
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
manner of death of any person in his or her jurisdiction who has died under various
circumstances. Those circumstances include, but are not limited to: hazardous or
contagious disease which may constitute a threat to the health of the general
public, unnatural deaths as a result of external influences, violence or injury; deaths
resulting from accidents.
Statutes shall control in case of conflict between this agreement and statute. Each and every
term, provision, or condition herein is subject to and shall be construed in accordance with
the provisions of Colorado law, the charters of the Jurisdictions (if applicable), and the
ordinances and regulations enacted pursuant hereto.
It is understood and agreed by the Jurisdictions hereto that if any part, term or provision of
this IGA is by the courts held to be illegal or in conflict with any law of the State of Colorado,
or of the United States of America, the validity of the remaining portions or provisions shall
not be affected, and the rights and obligations of the Jurisdictions shall be construed and
enforced as if the IGA did not contain the particular part, term, or provision held to be
invalid.
This IGA provides for the joint exercise by the Jurisdictions of the function or service
provided herein, but does not establish a separate legal entity to do so, nor does it
constitute either Jurisdiction as an agent for the other Jurisdiction for any purpose
whatsoever. This IGA shall provide only for the use of equipment or personnel by
Jurisdictions.
In keeping with the purposes of state statutes, the agreement is intended to:
1) Reduce the vulnerability of local government from overwhelming illness and loss of
life arising out of a disaster or epidemic.
2l Prepare for prompt and efficient handling of dead bodies and assistance to local
coroners in time of disaster.
3) Provide for the rapid identification of decedents as a result of disaster; and
4l Provide for cooperation and coordination of activities relating to preparedness for,
mitigation of, response to, and recovery from disaster.
5) Provide for coverage to a local Jurisdiction should that Jurisdiction's
coroner/medical examiner department become temporarily vacant, or is damaged
or destroyed.
The State of Colorado and the Federal Emergency Management Agenry (FEMA) have
recognized the importance of local governments coordinating activities relating to disaster
m itigation, prepa red ness, response, a nd recovery.
The counties which have chosen to become parties to this Agreement wish to provide
mutual aid and assistance among one another pursuant to the terms and conditions of this
Agreement in the event of a local, regional, or State disaster.
G.
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
2. Definitions.
As used in this Agreement, the following terms have the meanings stated below.
a. "Agreement" means this Emergency Mutual Aid and Assistance Agreement for Colorado
County Coroners and Medical Examiners.
b. "Aid and assistance" means and includes personnel, equipment, facilities, services,
supplies, and other resources necessary to respond to, mitigate, and recover from the
impacts of a disaster, or other temporary inability to handle the numbers of dead.
c. "Authorized representative" means a partry's employee or agent who has been
authorized in writing by that party to request or to offer to provide aid and assistance
under the terms of this agreement. The list of authorized representatives for each party
signing this Agreement shall be attached to the executed copy of this Agreement. Any
changes by a party to its list of designated authorized representatives shall be made by
giving notice of such change pursuant to the provisions in paragraph 19 below.
d. "Mass fatality'' means any number of deaths which exceed the capability of the local
jurisdiction.
e. "Disaste/' means the occurence or imminent threat of widespread or severe damage,
injury, or loss of life or property resulting from any natural cause or cause of human
origin, including but not limited to fire, flood, earthquake, wind, storm, wave action,
hazardous material incident, volcanic activity, epidemiq infestation, explosion, civil
disturbance, hostile military or paramilitary action, riot, insurrection, mass casualty in
any city, town, or unincorporated area of any county or district in the state.
f. "Emergenry epidemic" means cases of an illness or condition, communicable or non-
communicable, caused by bioterrorism, pandemic influenza, or novel and highly fatal
infectious agents or biological toxins.
g. "Jurisdiction" means a county, district or municipal agency established pursuant to S25-
1-506, C.R.S., charged with coordinating all disaster response activities within its
jurisdictional boundaries, and includes, without limitation, a county coroner, medical
examiner or their deputies.
h. "Mutual Aid Request Form" means that form which is an attachment to this IGA or one
which is substantially the same as that attached hereto and entitled MUTUAL AID
REQUEST FORM."
i. "Par[/' means a governmental entity which has adopted and signed this Agreement.
j. "Providef means a party which has agreed to provide aid and assistance under the
terms of this Agreement.
k. "Recipient" means a party which has agreed to accept all or part of the aid and
assistance offered by a Provider under the terms of this Agreement.
l. "Resources" means those resources (personnel, equipment and supplies) limited to
those specified on the MutualAid Request Form.
m. "Requesting Party'' means a party which has requested aid and assistance under the
terms of this Agreement.
n. "Responding Partt/' means a party which has received a request for aid and assistance
under the terms of this Agreement.
3.
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
ConditionalOblieation to Provide Aid and Assistance: No Risht of Action forThird Parties.
a. This is a reciprocal agreement. Each party understands and agrees it may be requested by
another party to be a Provider. lt is also mutually understood and agreed that each party's
foremost responsibility is the persons within it jurisdictional boundaries. Accordingly, the
provisions of the Agreement shall not be construed to impose an unconditional obligation
on any Responding Party to provide aid and assistance pursuant to a request from a
Requesting Party. When aid and assistance have been requested, a Responding Party may
inform the Requesting Pafi that it is unable to provide all or part of the aid and assistance
requested.
b. Responding Jurisdiction shall be excused from making its resources available, or continuing to
make its resources available, to the Requesting Jurisdiction in the event of the need of the
resources of Responding Jurisdiction within its territory. Such decision of availability shall be
made by the Responding Jurisdiction, and such decision shall be conclusive and in the
Responding Jurisdiction's sole d iscretion.
c. All functions and activities performed under this Agreement are hereby declared to be
governmental functions. Functions and activities performed under this Agreement are carried
out for the benefit of the general public and not for the benefit of any specific person.
Accordingly, this Agreement shall not be construed as, or deemed to be an agreement for the
benefit of any person not a party to this Agreement, and any such person shall have no right
of action under this Agreement for any cause whatsoever.
Procedurgs for Requesting Aid and Assistance.
a. Whenever the terms "Provider," "Recipient," "Requesting Party'' or "Responding Party" are
used in this Agreement, the reference shall include any of that party's authorized
representatives.
Aid and assistance shall not be requested unless the resources available within the stricken
area are deemed inadequate by the Requesting Party. When the Requesting Pafi becomes
affected by a disaster or emergency and deems its resources inadequate, it may request aid
and assistance.
All requests for aid and assistance shall be made and transmitted as follows:
i. Requests may be directly made from one individual Jurisdiction to another, or to
more than one other Jurisdiction.
ii. Requests may be sent to the Colorado Coroners Association; Coroner Response
Team who will coordinate a response to the Requesting Jurisdiction.
iii. Requests should be coordinated through the Requesting Party's Office of Emergency
Management, and the Responding Part/s Office of Emergency Management and
Emergency Operations Manager as applicable in each Jurisdiction.
iv. Requests should be made verbally, to be followed up by a written request as soon
as reasonably feasible, via electronic transmission, or in writing through the Request
for Mutual Aid Form specified as an attachment in this document.
4.
b.
c.
Intergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
v. Any declaration of a local disaster emergency under 524-33.5-709 C.R.S., or a
disaster emergency under 524-33.5-704(4) C.R.S. must accompany the request for
mutual aid when available.
vi. A Provider shall designate supervisory personnel among its employees sent to
render aid and assistance to a Recipient. As soon as practicable, the Recipient
shall assign work tasks to the Provider's supervisory personnel, and unless
otherwise mutually agreed to in writing, the Recipient shall have the
responsibility for coordinating communications between the Provider's
supervisory personnel and the Recipient. The Recipient shall provide necessary
credentials to the Provider's personnel, as authorized by law, authorizing them
to operate on behalf of the Recipient. Direct supervision and control of the
Provider's personnel, equipment, and other resources shall remain with the
Provider's supervisory personnel. The Provider should be prepared to furnish
communications equipment sufficient to maintain communications among its
respective operating units. lf this is not possible,the Provider shall promptly notify
the Recipient of such circumstances.
d. lt is the intent and Agreement of the Parties that the command structure and exchange of
mutual aid provided for in this Agreement conform to the current standards of practice of
the National Incident Management System (NIMS) and the Incident Command System (lCS).
e. The Requesting Party and Provider or Responding Party shall maintain personneltime
f.
records, and a log of vehicle mileage.
All records will remain the property of the requesting agency. Upon completion, responding
party will return everything produced as part of the investigation to the requesting party.
All notes and documents, developed through the assistance of the investigation, will be
provided. All records management is the responsibility of the requesting county.
All evidence, properry and remains, remain the property of the requesting party.
The Provider personnel will report work progress to the Recipient as requested.
A Requesting Party, acting through their Authorized Representative, shall include in the
request for aid and assistance the amount of time for which the resources are being
requested. This shall be detailed on the Mutual Aid Request Form.
All parties waive all claims and causes of action against all other parties for compensation,
damage, personal injury or death occurring as a cbnsequence, direct or indirect, of the
performance of this lGA, to the extent permitted by, and without waiving any protection or
other provisions of the Colorado Governmental lmmunity Act.
Any request for refrigeration or storage must be approved by the Responding agency.
g.
h.
i.
5. ReimbursementandCompensation.
a. First Twelve Hours of Response. Unless otherwise agreed in advance by the involved
Parties, during the first twelve {12) hours from the time of the initial dispatch tone or
request to a Responding Party, the Requesting Pafi will not incur any personnel or
equipment charges from any Responding Party (Non-Reimbursable Costs).
b. After the First Twelve Hours of Resoonse. Unless otherwise agreed by the involved Parties,
after the first twelve hours from the time the Responding Party first dispatches personnel or
equipment to the Requesting Pafi, the Requesting Party shall reimburse the Responding
Party for the following costs associated with the response (Reimbursable Costs):
I ntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
Personnel Costs. Personnel costs, including salaries, hourly wages, overtime, and
qosts of fringe benefits.
Equipment. An amount for the use of the Responding Party's equipment during the
period of assistance according to the Schedule of Equipment Rates established and
published by the Federal Emergency Management Agency (FEMA),
www.fema.gov/xls/government/grant/palegsch.xls. Rates for equipment not
referenced on the FEMA Schedule of Equipment Rates shall be as agreed upon by
the involved Parties and based on actual recovery of costs.
Materials and Supplies. The actual replacement cost or replacement in kind of the
expended or non-returnable materials and supplies provided by the Responding
Party, plus handling charges. The Responding Party shall not charge the Requesting
Party for materials, supplies and reusable items that are returned to the Responding
Party in a clean, damage-free condition. Reusable supplies that are returned to the
Responding Party with damage must be treated as expendable supplies for purposes
of cost reimbursement.
lnsurance Coverage for Responding Personnel and/or Equipment. Each
Jurisdiction shall maintain its own insurance coverage, for both liability and
damage, for the responding personnel and/orequipment.
Recall.
a. Unless otherwise mutually agreed to in writing, the duration of the Provide/s aid and
assistance shall be for an initial period of three (3) days, beginning from the date that the
Provide/s aid and assistance arrive to the requested meeting place. Thereafter, aid and
assistance may be extended in daily or weekly increments as the situation warrants, for a
period mutually agreed upon in writing.
b. The Provide/s personnel, equipment and other resources shall remain subject to recall by
the Provider at any time to support its own Jurisdictional boundaries. The Provider shall
make a good faith effort to give at least twenty-four (24) hours advance written notice to
the Recipient's Authorized Representative of their intent to recall. lf such notice is not
practicable, then the Provider shall give the Recipient's Authorized Representative as much
advance written notice as is reasonable under the circumstances.
Emplovment Status of Provider Personnel. Nothing contained in the lGAu and no performance under
this lGA by personnel of the Parties, shall in any respect alter or modify the status of officers, agents,
or employees of the respective Jurisdiction for purposes of worke/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. Worke/s compensation coverage shallbe as structured in C.R.S. $ 29-5-109, if the
request meets the requirements of C.R.S. S 29-5-103 through 108; otherwise, the claim shall be
processed as if it were generated by any other work assignment within the Providers jurisdiction.
The Provider shall remain responsible for processing any worker's compensation claims filed by its
personnel.
llt.
iv.
6.
7.
8.
9.
Intergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
Insurance Coverase For Provider PersonnFl Or Equipment. Each Jurisdiction shall maintain its own
insurance coverage, for both liability and damage, for the responding personnel and/or equipment.
Waiver. Each Jurisdiction waives all claims and causes of action against all. of the other Jurisdictions
for compensation, damage, personal injury or death occurring as a consequence, direct or indirect, of
the performance of this lGA, to the extent permitted by, and without waiving any protection or other
provisions of, the Colorado Governmental lmmunity Act.
L0. Assignment. This IGA shall be binding upon the successors and assigns of each of the Jurisdictions
hereto, except that no Jurisdiction may assign any of its rights or obligations hereunder without the
prior written consent the majority of other jurisdictions.
11. No Third-Partv Beneficiary. lt is expressly understood and agreed that enforcement of the terms and
conditions of the lGA, and all rights of action relating to such enforcement shall be strictly reserved
to the Jurisdictions, and nothing contained in the IGA shall give the express intention of the
Jurisdictions that any person other than the Jurisdictions receiving services or benefits under this
IGA shall be deemed to be an incidental beneficiary only.
12. Amendments. Amendments to this IGA may be made only upon majority consent by allJurisdictions
on an annual basis. Such consent shall become effective upon announcement by the Colorado
Coroners Association to all Authorized Representatives.
13. Termination. Any Jurisdiction may terminate their involvement in this lGA, with or without cause,
upon ten (10) days prior written notice sent to the other Authorized Representatives,
14. The parties to this Agreement are all governmental entities providing governmental services
under this Agreement and do not intend to waive their governmental immunity by entering into
this Agreement or performing under its terms. Nothing in this Agreement shall be construed as
a waiver of im m unity provided by com mon law, or by statute, specifically the Colorado
Governmental lmmunity Act, 55 24-tO-l,OI through 24-10- 120, C.R.S., and 524-33.5-7LL.5,
C.R.S., or as an assumption of any duty for the benefit of any third party.
15. Each party to this Agreement shall be an independent contractor, and no party, nor such
party's officers, employees, or agents shall be deemed to be an agent of any other party.
Except as otherwise specifically provided herein, each party waives all claims and causes of
action against the other party for compensation, damages, personal injury or death which may
result or occur as a consequence, directly or indirectly, of any performance under this
Agreement. Each party is responsible for its own negligence and that of its own officers,
employees, and agents to the extent provided in the Colorado Governmental lmmunity Act and
5 24-33.5-711.5, C.R.S. As stated in paragraph 28 above, nothing in this Agreement shall be
construed as a waiver of immunity provided by common law, or by statute, specifically the
Coforado Governmental lmmunity Act and 524-33.5-7t1.5, C.R.S., or as an assumption of any
duty forthe benefit of any third party.
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
16. The performance of any obligations under this Agreement is expressly subject to annual
appropriation of sufficient funds by each party's respective governing body to enable
such party to respond to requests for aid and assistance made under this Agreement.
17. This Agreement constitutes the entire Agreement of the parties regarding the subject matter
referred to in it. As such, it supersedes any and all prior oral and/or written agreements of
the parties regarding the subject matter referred to in this Agreement.
18. The laws of the State of Colorado shall be applied in interpreting, executing, and enforcing
this Agreement. All parties shall comply with C.R.S. 30-10-606 as well as any other
applicable federal, state, or local law or rule.
19. Custodian of the Aereement.
a. The parties to this Agreement agree that the Colorado Coroners Association (CCA) shall act
as custodian ofthe executed original and any executed counterparts of this Agreement. The
CCA's obligations and responsibilities as custodian shall be limited to maintaining possession
of the executed original, and any executed counterparts of, and any amendments to this
Agreement, and providing to each party a current list of allthe parties and Authorized
Representatives to this Agreement each time the a localJurisdiction executes this
Agreement, withdraws as a party from it, or amends their list of Authorized Representatives.
The CCA shall not be a party to this Agreement, and shall have no obligations or liability
whatsoever to any of the parties to this Agreement or any third persons, except as to the
custodial duties expressly stated herein; provided, however, acting as custodian of this
Agreement shall not limit or derogate from the CCA's obligations and duties otherwise
prescribed by its By-Laws.
b. To facilitate the CCA's role as custodian of this Agreement, each party shall deliver to the
CCA a copy of each fully executed Agreement, and executed counterpart thereof, any
executed amendment thereof, any notice of withdrawal there from, and any changed list of
Authorized Reoresentatives.
20. Execution of the lGA.
a. This IGA is executed by each Jurisdiction on a separate signature page. Originalsignature
pages will be held by the Colorado Coroners Association. Copies of the IGA and signature
pages will be provided to each Jurisdiction and such copies shall have the full force and
effect as if they were originals. The Colorado Coroners Association shall provide timely
notice to all party Jurisdictions of all additions to and withdrawals of party Jurisdictions, as
well as timely notice of the effective date of any amendments to this lGA.
b. Each party represents and warrants that the individual(s) signing this Agreement on its
behalf is/are duly authorized to act on behalf of that party to enter into the Agreement and
to bind that party to this Agreement, and that such authority had been duly approved by
that party's governing body.
c. As to each party, this Agreement shall take effect upon the date it duly signs this
Agreement.
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
SIGNATURE PAGE
APPROVED AS TO FORM:
't\^'^-lr- X f*,X
Brenda L Bock
President Colorado Coroners Association
Date: September 10, 2015
PO Box 828
Kremmling, CO 80459
r ICf{<l e County, Coloracio
LJ
Coroner or Medical Examiner
lntergovernmental Agreement for
Colorado County Coroners and Medical Examiners
Mutual Aid and Assistance
List of Authorized Representatives to Contact for Mutual Aid and Assistance
Jurisdiction/Party:
tr tllt 0r nY
Mailingffils5t'
+ 0" Bn{ Sloc
Date: I0 -Jb - /r
Name: F n Linsoll
Contact ohone(s):,, Lq1il33l -151{t
Email:
k nja mi4, hanf e e{/. pu4 tgl -1,(/'
3. Representative:
Name:Title:
Contact phone(s):
Email:
lntergovernmental Agtreement io'
Colorado Counw Coroners and Medical Examrner:
Mutual Aid and Asslstanc:
MutualAid Request Form
Name of Requesting Jurisdiction:
Name of Authorized Representative:
Nature and Extent of the Emergency/Drsaster:
iescription of Personnel, Equipment , andf or Supplies Being Requested:
Expected Duration ofthe Request:
Contact lnformation for Supervising Personnel of the Requesting Jurisdiction:
Responding Personnel and Equipment should arrive to this location:
Reimbursement:
County will reimburse staff labor, equipment, supplies, and standard room and
board costs. Room and board costs will be reimbursed as federal per diem rats identified at
www.ssa.sov. Equipment will be reimbursed at FEMA approved rates.
Name of Responding Jurisdlction:
Name of Authorized Representative:
We willprovicle:
Signatures:
DATE:DATE:
AUTHORIZED REPRESENTATIVE REQU ESTI NG AUTHORIZED REPRESENTATIVE RESPON DING
