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HomeMy WebLinkAbout20212435.tiffRESOLUTION RE: APPROVE EIGHT (8) MEMORANDUMS OF UNDERSTANDING FOR VICTIM ADVOCATE SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN 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 eight (8) Memorandums of Understanding for the Victim Services Unit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and the eight entities listed below, commencing January 1, 2021, and ending December 31, 2021, with further terms and conditions being as stated in said memorandums of understanding: 1. Dacono Police Department 2. Firestone Police Department 3. Frederick Police Department 4. Fort Lupton Police Department 5. Hudson Police Department 6. Lochbuie Police Department 7. Mead Police Department 8. Platteville Police Department WHEREAS, after review, the Board deems it advisable to approve said memorandums of understanding, copies of which are attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County, Colorado, that the Eight (8) Memorandums of Understanding for the Victim Advocate Services Unit between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriffs Office, and the eight (8) entities listed above be, and hereby are, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandums of understandings. Cc: So(SK/SK) o$/2.0/2l 2021-2430 thru 2021-2437 SO0037 RE: EIGHT (8) MEMORANDUMS OF UNDERSTANDING FOR VICTIM SERVICES ADVOCATE UNITS PAGE 2 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 11th day of August, A.D., 2021, nunc pro tunc January 1, 2021. BOARD OF COUNTY COMMISSIONERS WELD OUNTY,CCOLORADO ATTEST: ditifeio W ,11o;e1 -1...¢..1.,_O-- Weld County Clerk to the Board BY: "iv Deputy Clerk to the Bo AP ED Coun ttorney Date of signature: OFf/T/2) Steve Moreno, hair Lori Saine 2021-2430 thru 2021-2437 SO0037 -ht,apQ BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: Approval Request of revised 2021 Victim Assistance Services MOUs with participating Weld County Municipalities DEPARTMENT: Sheriff 's Office DATE: 7/30/2021 PERSON REQUESTING: Sonja Kohlgraf, SO Budget Manager Brief description of the problem/issue: The Weld County Sheriff's Office seeks approval to renew the following Victim's Assistance Services MOUs for 2021 (automatic yearly renewal for future years): Hudson Police Department Dacono Police Department Firestone Police Department Frederick Police Department Fort Lupton Police Department Lochbuie Police Department Platteville Police Department Mead Police Department It's a requirement of the Victims Assistance and Law Enforcement (VALE) Board that all entities, who are receiving services funded by the VALE grant, make a financial contribution. The municipalities contribute $4,500 per year to the Victims Assistance Services Program and Weld County Victim Services Unit provides a qualified and trained victim advocate 24hrs a day, 365days per year. Note: There are a total of 8 municipalities that Weld County Victim's Assistance Services is holding an agreement with. What options exist for the Board? (include consequences, impacts, costs, etc. of options): Approve the newly submitted and signed 2021 MOUs between the above stated municipalities and Weld County Sheriff's Office and receive a yearly commitment of $4,500. Not approve the 2021 MOUs and still function under the old 2019 MOUs with outdated language. 2021-2435 Recommendation: Authorize chair to sign the Victim's Assistance MOUs with the above stated municipalities to reflect current approval signatures. Approve Schedule Recommendation Work Session Other/Comments: Perry L. Buck Mike Freeman Scott K. James, Pro -Tern Steve Moreno, Chair Lori Saine MEMORANDUM OF UNDERSTANDING CONCERNING THE WELD COUNTY VICTIM ADVOCATE SERVICES UNIT The Weld County Sheriff's Office, whose address is 1950 "0" Street, Greeley, CO 80631, and the G Oe 4?Lf i6 Police Department (hereinafter referred to as "the Department") hereby enter into this Memorandum of Understanding (hereinafter referred to as "MOU") Whereas, Article II, Section 16A of the Constitution of the State of Colorado and the laws related to CRS Title 24 Article 4.1 part III guarantee certain rights to victims of cases specified in CRS 24-4.1.302. Whereas, citizens who have experienced trauma and cooperate with law enforcement are often in need of additional community resources and assistance. Whereas, the Weld County Sheriffs Office and the Department agree that each agency and its citizens benefit from the services provided by the Weld County Victim Services Unit. The Weld County Victim Services Unit was created with the specific goals of: I. Assisting municipalities remain in compliance with Constitutional and statutory requirements regarding victims II. Providing on call victim advocate support on scene or by phone III. Conducting training as needed for law enforcement personnel on Constitutional and statutory requirements IV. Creating and distributing written documents required to maintain compliance with Constitutional requirements and statutes. Whereas, the Weld County Victim Services Unit is funded by the Weld County Sheriff's Office and a grant from the Victims Assistance and Law Enforcement (V.A.L.E) Board Whereas, the V.A.L.E Board requires financial participation by all entities receiving services funded by the grant, as a condition for the Weld County Sheriff's Office continuing to receive grant funding Now, therefore, it is hereby agreed by and between the parties hereto: 1. The term of this MOU shall be from January 01, 2021 - December 31, 2021, and shall be renewed automatically by mutual consent on a year -by -year basis thereafter unless sooner terminated by either party in writing served upon the other party no later than sixty (60) days prior to the expected date of termination. 020.9-/-ovio 2. The Department will contribute financially to the Weld County Sheriff's Office to assist the Weld County Sheriff's Office fund the Weld County Victim Services Unit. The required financial contribution is $ 4,500.00. 3. The Weld County Sheriff's Office will prepare and send a notice to the Department requesting the financial contribution on or before the second month of the New Year. The department will send the financial contribution within 30 days. 4. Weld County Sheriff's Office through its Weld County Victim Services Unit will provide a qualified and trained victim advocate 24 hours a day, 365 days a year to the Department. Such advocate will perform functions including, but not limited to the following: a. Respond to a scene or by telephone as needed by the Department in a timely manner. b. Assist in crisis response at the discretion and request from the Department. The response may be by telephone or in person as directed by the Department. c. At a minimum, make one follow up call to all crime victims or persons in trauma referred by the Department to ensure appropriate resources and support have been received. d. Review all reports provided to the Weld County Victim Services Unit for VRA (Victims' Rights Act) compliance and respond to issues that may arise regarding non-compliance in a timely matter. e. Be available for consultation on any victim rights issue. f. Conduct training as requested by the Department. At a minimum the Weld County Victim Services Unit will provide training every 2 years for the Department on the VRA, and law enforcement best practices and responsibilities defined in statute. g. Attend weekend bond hearings at the Weld County Detentions Division and address any bond or protection order issues as directed by the victim or the Department. h. Regularly evaluate the effectiveness and protocols of the services provided by the Weld County Victim Services Unit to ensure they meet the expectations of the Department. i. Maintain files for VRA compliance specific to the Department. j. Document VRA compliance on instances where the Weld County Victim Services Unit provided services or received notification. k. Assist in community events and education as requested and approved by Weld County Sheriff's Office and the Department. 1. Assist in writing grants for the Department for training or equipment available through the V.A.L.E. Board. m. Communicate with service providers on behalf of the Department for purposes of ensuring the effective delivery of victim services. This includes local non-profit agencies, the District Attorney's Office, state victim service agencies such as COVA, the CCJJ and any other state agency that supports the goals of victim services. 5. Victim advocates shall be a regular employee or volunteer of the Weld County Sheriff's Office. The advocate will be subject to the hiring standards, training standards, ordinances, policies, procedures, rules, regulations, directives, and orders of Weld County and the Weld County Sheriff's Office. 6. The advocate will comply with the policies and regulations of the Department to the extent that such policies and regulations are not in conflict with those of the Weld County Sheriff's Office, are not in conflict with other terms contained herein or direction of the Weld County Sheriff's Office, or are not in conflict with federal, state or municipal laws. 7. Non -volunteer victim advocates will receive salary, employee benefits and normally issued equipment and supplies from the Weld County Sheriff's Office. 8. Personnel assigned to the Weld County Victim Services Unit will work a schedule consistent with Weld County Sheriff's Office ordinances, policies, procedures and subject to the Fair Labor Standards Act. 9. Victim advocates are subject to the Weld County Sheriff's Office chain of command and the supervision. Day to day supervision will be assigned to the Weld County Sheriff's Office Victim Services Supervisor. 10. The Weld County Sheriff's Office Victim Services Supervisor will be responsible for maintaining contact with the appropriate command staff of the Department. The Victim Services Supervisor will assist command staff to determine the most effective protocols, data management and officer training required to maintain the highest level of service possible. 11. The Victim Advocates' performance will be evaluated consistent with the Weld County Sheriff's Office policy and procedures by the assigned supervisor. The supervisor may accept input from the Department representative. 12. Any notice provided for in this MOU shall be in writing and shall be served by personal delivery or by certified mail, return receipt requested, postage prepaid. Any notice mailed and/or served as set forth above, shall be deemed delivered and effective upon receipt or delivery. 13. The Weld County Sheriff and the Department do not waive their Governmental Immunity as provided by any applicable law including CRS 24-10-101 et seq., by entering into this MOU. Further, the Sheriff and the Department fully retain all immunities and defenses provided by law with regard to any action, whether tort, contract or any other theory of law, based on this MOU. 14. The parties do not intend to create in any other individual or entity the status of the third - party beneficiary and this MOU shall not be construed so as to create such status. The rights, duties and obligations contained in this MOU shall operate only between the parties to the MOU and shall insure solely to the benefit of the parties to this MOU. 15. Each party to this MOU shall be responsible for any liability arising from its own conduct. Neither party agrees to insure, defend or indemnify the other, except that the cost of any damage to equipment belonging to the victim advocate or his employer while acting pursuant to this MOU for another jurisdiction shall be borne by the requesting agency. 16. By execution, each party certifies it has read and understands this MOU, agrees to be bound by the terms hereof, have the authority to execute and bind, and have received a signed and dated copy + f the MOU JI- F Authorized City Off + is ame and title Signature Steve Moreno, BOCC Chair Weld County Authorized Official Date 'AUG 1 12021 Signature Date aOa/-arc New Contract Request Entity Information - Entity Name* LOCHBUIE, TOWN OF Contract Name* VICTIM SERVICES COVERAGE MOU 2021 Contract Status CTB REVIEW Entity ID* @00003439 ❑ New Entity? Contract ID 5122 Contract Lead* SKAN ETA Contract Lead Email skaneta@co.weld.co.us; skohlgraf@weldgov.com Contract Description* VICTIM SERVICES COVERAGE PROVIDED BY WCSO TO THE LOCHBUIE POLICE DEPARTMENT Contract Description 2 Contract Type AGREEMENT Amount* $4,500.00 Renewable* YES Automatic Renewal Grant IGA Department SHERIFF Department Email CM-Sheriff@weldgov.com Department Head Email CM-Sheriff- DeptHead@weldgov.com County Attorney GENERAL COUNTY ATTORNEY EMAIL County Attorney Email CM - CO U NTYATTO RN EY@WELDG OV.COM Requested BOCC Agenda Date* 08/09/2021 Parent Contract ID Requires Board Approval YES Department Project # Due Date 08/05/2021 Will a work session with BOCC be required?* NO Does Contract require Purchasing Dept. to be included? If this is a renewal enter previous Contract ID If this is part of a MSA enter MSA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in OnBase Contract Dates Effective Date Review Date* 08/01/2023 Renewal Date* 08/01/2022 Termination Notice Period Committed Delivery Date Expiration Date Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process i Department Head DONNIE PATCH DH Approved Date 08/04/2021 Final Approval BOCC Approved BOCC Signed Date BOCC Agenda Date 08/11/2021 Originator SKOHLGRAF Contact Type Contact Email Finance Approver CHRIS D'OVIDIO Contact Phone 1 Purchasing Approved Date Finance Approved Date 08/05/2021 Tyler Ref # AG 081121 Legal Counsel BOB CHOATE Contact Phone 2 Legal Counsel Approved Date 08/05/2021 Hello