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Home My WebLink About20202035.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR RESTORATIVE JUSTICE PROGRAM AND AUTHORIZE CHAIR TO SIGN - YOUTH AND FAMILY CONNECTIONS 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 a Memorandum of Understanding for the Restorative Justice Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and Youth and Family Connections, commencing upon full execution of signatures, and ending June 30, 2021, with further terms and conditions being as stated in said memorandum of understanding, and WHEREAS, after review, the Board deems it advisable to approve said memorandum of understanding, 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 Memorandum of Understanding for the Restorative Justice Program between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and Youth and Family Connections, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said memorandum of understanding. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 13th day of July, A.D., 2020. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: GI) jCido%ok, Weld County Clerk to the Board Coun y ttorney Date of signature: o7/I b/2O Mike Freeman, Chair r•ara Kirkmeye Kevin D. Ross CC : DA(MR/KS) 07/30/20 2020-2035 DA0027 BOARD OF COUNTY COMMISSIONERS PASS -AROUND REVIEW PASS -AROUND TITLE: DA's Office Diversion MOU for Restorative Justice Services DEPARTMENT: District Attorney DATE: 7/7/2020 PERSON REQUESTING: Kirsta Britton Brief description of the problem/issue: The District Attorney's Office has partnered with Youth and Family Connections to provide Restorative Justice Services to Diversion participants since 2013. For consideration is an updated MOU to reflect work in fiscal year 2020-2021. What options exist for the Board? (include consequences, impacts, costs, etc. of options): This is an existing partnership, guided by this document. The absence of a current MOU would impact our ability to negotiate the scope of work. Recommendation: Approve to put this MOU on the board agenda for signature of the Chair to the Board. Mike Freeman, Chair Scott K. James Barbara Kirkmeyer Steve Moreno, Pro -Tern Kevin D. Ross Approve Schedule Recommendation Work Session 'La emit, ad Other/Comments: 2020-2035 073 17AooT Karla Ford From: Sent: To: Subject: Approve Mike Freeman Thursday, July 9, 2020 11:51 AM Karla Ford Re: Please Reply- Passaround request for DA Sent from my iPhone On Jul 9, 2020, at 10:59 AM, Karla Ford <kford@weldgov.com>wrote: Please advise if you approve recommendation. Thank you! Karla Ford g Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford@weldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday T:00a.m.-5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kirsta Britton <kbritton@weldgov.com> Sent: Wednesday, July 8, 2020 4:47 PM To: Karla Ford <kford@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: Passaround request Please see the attached passaround request for the Diversion Program M0U for Restorative Justice services. The signature page is a separate attachment. Kirsta Britton Director of Diversion Weld County District Attorney's Office 915 10th Street P.O. Box 1 167 Greeley, CO 80632 970-400-4775 <image001.jpg> <YFC M0U 2020 Pass Around Fillable Form (002).pdf> 1 Karla Ford From: Sent: To: Cc: Subject: Approve - thanks. ** Sent from my iPhone ** Scott James Thursday, July 9, 2020 9:01 AM Karla Ford Barbara Kirkmeyer Re: Please Reply - Passaround request from DA Scott K. James Weld County Commissioner, District 2 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 970.336.7204 (Office) 970.381.7496 (Cell) Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited On Jul 9, 2020, at 7:33 AM, Karla Ford <kford@weldgov.com> wrote: Please advise is you approve recommendation. Thank you! Karla Ford g Office Manager, Board of Weld County Commissioners 1150 0 Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kford(a)weldpov.com :: www.weldoov.com :. **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only far the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication. My disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kirsta Britton <kbritton@weldgov.com> Sent: Wednesday, July 8, 2020 4:47 PM To: Karla Ford <kford@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: Passaround request 1 Karla Ford From: Sent: To: Cc: Subject: Put on agenda Barbara Kirkmeyer Thursday, July 9, 2020 10:55 AM Karla Ford Scott James Re: Please Reply - Passaround request from DA Sent from my iPhone On Jul 9, 2020, at 7:33 AM, Karla Ford <kford@weldgov.com>wrote: Please advise is you approve recommendation. Thank you! Karla Ford Office Manager, Board of Weld County Commissioners 1150 O Street, P.O. Box 758, Greeley, Colorado 80632 :: 970.336-7204 :: kfordAweldgov.com :: www.weldgov.com **Please note my working hours are Monday -Thursday 7:00a.m.-5:00p.m.** <image002.jpg> Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please immediately notify sender by return e-mail and destroy the communication, Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited. From: Kirsta Britton <kbritton@weldgov.com> Sent: Wednesday, July 8, 2020 4:47 PM To: Karla Ford <kford@weldgov.com>; CTB <CTB@co.weld.co.us> Subject: Passaround request Please see the attached passaround request for the Diversion Program MOU for Restorative Justice services. The signature page is a separate attachment. Kirsta Britton Director of Diversion Weld County District Attorney's Office 915 10th Street P.O. Box 1167 Greeley, CO 80632 970-400-4775 <image001.jpg> i MEMORANDUM OF UNDERSTANDING WHEREAS, the following Memorandum of Understanding (Agreement) outlines the Agreement between the Weld County Board of County Commissioners ("County"), on behalf of the 19th Judicial District Attorney's Office, ("District Attorney" or "D.A.") and Youth and Family Connections ("YFC") regarding the Restorative Justice Project in Colorado's 19th Judicial District. WHEREAS, the District Attorney has received grant funding for the Restorative Justice Project, and desires to contract with YFC for the purpose of providing Restorative Justice services. WHEREAS, YFC intends to provide Restorative Justice services on behalf of the District Attorney, in accordance with this Agreement and other applicable law. NOW THEREFORE, the undersigned organizations in good faith are resolved to execute this Memorandum of Understanding and enter into an Agreement as follows: 1. TERM. The term of this Agreement shall be from the date of execution through and until June 30, 2021. 2. GOALS. a. The Restorative Justice program is designed to facilitate and encourage diversion of juveniles from the juvenile justice system to Restorative Justice practices, to assist in repairing the harm caused to victims and the community, increase victim, offender, and community member satisfaction, and reduce cost; and to promote the restorative justice principles of reconciliation, responsibility, reintegration, respect, relationship -building and restitution. b. Through the Restorative Justice program, the District Attorney and Youth and Family Connections intend to facilitate and encourage diversion of juveniles from the juvenile justice system when diversion may prevent juveniles from committing additional criminal acts, restore victims of crime, facilitate the juveniles' ability to pay restitution to victims of crime, and reduce the number of cases in the juvenile justice system. Restorative justice should ensure accountability while allowing juveniles to avoid the collateral consequences associated with criminal charges and convictions. 3. DUTIES OF YOUTH AND FAMILY CONNECTIONS. a. YFC will recruit, interview, train, and supervise a group of volunteer Restorative Justice Conference Facilitators. YFC will coordinate all steps of training and supervision for 1 02°,2o - 020&'5. volunteers. Training will relate to Restorative Justice principles, including reconciliation, responsibility, reintegration, respect, relationship -building, and restitution. This will be done with traditional and social media, community presentations, and volunteer and stakeholder training and will be on -going. b. YFC shall employ Restorative Justice staff using state Diversion funds allocated to the Weld County District Attorney. Restorative Justice staff shall be responsible for the day- to-day operation of the Restorative Justice program. c. YFC volunteers will collect all required paperwork which shall be provided by the YFC Restorative Justice staff to the D.A. Office Diversion Director. d. YFC will submit appropriate invoices for salary, mileage, supplies and other expenses in a timely manner. YFC agrees that all invoices will be itemized and that all supporting documentation will be attached thereto. e. YFC will not provide case assessment or case management unless upon specific request of the DA's Office. f. YFC will provide information/reports to the District Attorney upon request for state data reporting requirements. g. YFC will collaborate with the District Attorney as much as possible to ensure success of the Restorative Justice program. 4. DUTIES OF DISTRICT ATTORNEY. a. The D.A. will assess all first-time juvenile offenders for appropriateness in diversion and restorative justice programming based on offense, victim input and resources. The D.A. will contact victims of crime pursuant to the Victims Rights Act for input on restoration of harm and use that to determine restorative justice eligibility. b. The D.A. will refer juveniles to the Restorative Justice program as an alternative to the traditional juvenile justice system. c. The D.A. will provide sole case management services for all referred Restorative Justice case participants. d. The D.A. will collect all fees from Restorative Justice program participants as required by law for Diversion Fees and Restorative Justice Program Fees. This includes determining what those fees should be on a sliding scale, if necessary. e. The D.A. Office Diversion Director will be responsible for all data collection and reporting as required by the State for funding and assessment purposes. The Diversion 2 Director will complete all grant applications following the standard procedure as set by the Board of County Commissioners for grant funding requests. f. The D.A. will provide data to the State pursuant to funding requirements. g. The D.A. will collaborate with YFC as much as possible to ensure success of the Restorative Justice program. 5. FUNDS. a. The District Attorney's Office will collect all funds from the state DCJ Diversion Allocation and will disburse those funds to YFC, as the contracted agency, based on satisfactory performance of contracted obligations. An invoice will be provided to the DA's Office quarterly, for personnel costs, and will be submitted to the state with routine reporting documents. YFC will submit invoices for mileage and supply expenses quarterly, which will be reimbursed up to but not exceeding the budgeted and awarded amount. Funds will be provided to YFC, or its designated fiscal agent, at the beginning of the quarter, once they are received from the State. Additionally, YFC will receive 50 percent of the total amount of collected program fees for Diversion clients who participate in Restorative Justice and/or Restore with YFC, which YFC agrees to use costs associated with maintaining and further developing the Restorative Justice and Restore programs. On a quarterly basis, The DA's Office will submit to YFC the total amount of program fees collected for each youth, and the total due to YFC for their portion of fees collected for youth who participate in Restorative Justice and/or Restore. YFC, or its designated fiscal agent will receive these funds after the close of the quarter. b. The budget provided to YFC will contain line items for personnel, operating, travel, and foreign language translation. YFC will be responsible for spending the budgeted amounts within the budgeted limits. YFC has spending authority for purchases within the budget limits for amounts less than $1,500. For individual expenditures greater than $1,500.00 for items within the operating and travel line items, the YFC Executive Director must obtain written spending authorization from the Diversion Director. c. The parties expressly recognize that this Agreement, and all funds discussed herein, is subject to the availability of DCJ Diversion funds from the State. If in the future such funds are decreased or eliminated, neither the County nor the District Attorney shall be responsible to pay for YFC services. 6. INDEPENDENT CONTRACTOR. YFC shall perform its duties hereunder as an independent contractor and not as an employee of Weld County. YFC shall be solely responsible for its acts and those of its agents and employees for all acts performed pursuant to this Agreement. Neither YFC nor any agent, volunteer, or employee of YFC shall be deemed to be an agent or employee of County. YFC and its employees and agents are not entitled to unemployment insurance or workers' compensation 3 benefits through County and County shall not pay for or otherwise provide such coverage for YFC or any of its agents, volunteers, or employees. Unemployment insurance benefits will be available to YFC and its employees, volunteers, and agents only if such coverage is made available by YFC or a third party. YFC shall pay when due all applicable employment taxes and income taxes incurred pursuant to this Agreement. YFC shall not have authorization, express or implied, to bind County to any agreement, liability or understanding, except as expressly set forth in this Agreement. YFC shall have the following responsibilities with regard to workers' compensation and unemployment compensation insurance matters: (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law and (b) provide proof thereof when requested to do so by County. 7. INSURANCE AND INDEMNIFICATION. YFC shall defend and indemnify County, its officers and agents, from and against loss or liability arising from YFC's acts, errors or omissions in seeking to perform its obligations under this Agreement. YFC shall provide necessary workers' compensation insurance at YFC's own cost and expense. YFC shall provide its own liability coverage, which shall cover any and all acts of YFC employees, agents, and volunteers. 8. TERMINATION. Either party may terminate this Agreement at any time by providing the other party with a 30 - day written notice thereof. Furthermore, this Agreement may be terminated at any time without notice upon a material breach of the terms of the Agreement. In the event of an early termination, YFC shall be paid for work performed up to the time of notice and County shall be entitled the use of all material generated pursuant to this Agreement. 9. NON -ASSIGNMENT. YFC may not assign or transfer this Agreement, any interest therein or claim thereunder, without the prior written approval of County. 10. NON-EXCLUSIVE AGREEMENT. This Agreement is nonexclusive and County may engage or use other contractors or persons to perform services of the same or similar nature. 11. FUND AVAILABILITY. Financial obligations of the County payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. By execution of this Agreement, County does not warrant that funds will be available to fund this Agreement beyond the current fiscal year. 12. SEVERABILITY. 4 If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable, this Agreement shall be construed and enforced without such provision, to the extent that this Agreement is then capable of execution within the original intent of the parties. 13. GOVERNMENTAL IMMUNITY. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections or other provisions, of the Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter amended. 14. NO THIRD PARTY BENEFICIARY. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 15. BOARD OF COUNTY COMMISSIONERS APPROVAL. This Agreement shall not be valid until it has been approved by the Board of County Commissioners of Weld County, Colorado or its designee. 16. CHOICE OF LAW. Colorado law, and rules and regulations established pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be null and void. 17. VENUE. In the event of a dispute arising under this Agreement, the parties agree that venue is proper in the Weld County District Court, located in Greeley, Colorado. 18. ATTORNEYS FEES / LEGAL COSTS. In the event of a dispute between County and Contractor, concerning this Agreement, the parties agree that each party shall be responsible for the payment of attorney fees and/or legal costs incurred by or on its own behalf. 5 In Witness Whereof, the parties hereto have executed this Agreement the day and year provided below. Approvals: of/,‘ Weld County D. trict Attorney ATTES Weld BY or onnections Date 7/047° 7/7/2020 Date BOARD OF COUNTY COMMISSIONERS my Clerk to th WELD COUNTY, COLORADO Deputy APPROVED AST F �lZrX.�2 Controller APPROVED AS TO FORM: `� Cou y Attorney 6 ike Freeman, Chair JUL 13 2020 oZo O2D - o2a3." Hello