HomeMy WebLinkAbout20193582.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR VICTIM ADVOCATE
SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN - CITY OF FORT LUPTON
POLICE DEPARTMENT
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
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 Weld County Sheriff's
Office, and the City of Fort Lupton Police Department, commencing January 1, 2019, and ending
December 31, 2019, 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 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 Weld County Sheriff's Office, and the City of
Fort Lupton Police Department 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 7th day of August, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLQRADO
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Weld County Clerk to the Board
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Date of signature: •Af//9
arbara Kirkmeyer,
EXCUSED
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Mike Freeman, Pro-Tem
Steve Moreno
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2019-3582
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BOARD OF COUNTY COMMISSIONERS
PASS -AROUND REVIEW
PASS -AROUND TITLE: Approval of 2019 Victim Assistance Services MOUs with participating Weld
County Municipalities
DEPARTMENT: Sheriff `s Office DATE: 7/22/2019
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 2019:
City of Firestone, CO
City of Fort Lupton, CO
City of Lochbuie, CO
City of Platteville, CO
City of Garden City, CO
The Sheriff's Office sent the 2019 MOUs out for signature because some police chiefs are newly appointed and
the Weld County Commissioners have changed since last approval in 2016.
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.
What options exist for the Board? (include consequences, impacts, costs, etc. of options):
Approve the newly submitted and signed 2019 MOUs between the above stated municipalities and Weld
County Sheriff's Office and receive a yearly commitment of $4500.
Not approve the 2019 MOUs and still function under the old 2016 MOUs.
Recommendation:
Authorize chair to sign the Victim's Assistance MOUs with the above stated municipalities to reflect current
approval signatures.
Approve
Recommendation
Sean P. Conway
Mike Freeman, Pro -Tern
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
x/7
Schedule
Work Session
Other/Comments:
2019-3582
Sonja Kohlgraf
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Barbara Kirkmeyer
Friday, July 26, 2019 6:12 AM
Steven Reams
Karla Ford; Sonja Kohlgraf; Rosanna Soto; Deborah Calvin; Michael Knee; Don Warden;
Donnie Patch
Re: Pass Around Request - 2019 MOUs between WCSO and municipalities
Thank you. Appreciate the response!
Sent from my iPhone
On Jul 25, 2019, at 10:30 AM, Steven Reams <s_rears@eldgov,com> wrote:
We had considered looking at alternatives to the current process we use for victim services. Some of
those alternatives would have included the concept of creating a stand alone entity or contracting with
an existing non-profit for services. However, the last legislative cycle created some significant changes
in the requirement of victim services as it pertains to law enforcement. We are currently addressing
the changes in the law to figure out the best way to move forward for the short and long term existence
of victim services as hosted by Weld County.
Currently, we are likely getting at least full recovery of services from each of the contract towns
although the amount of work load from each agency can fluctuate based on criminal cases that develop
in their communities. The Watts case in Frederick is a great example of a town having a higher need
than normal for one particular event.
From: Karla Ford <kfor-d : wek{govfcom>
Sent: Wednesday, July 24, 2019 2:10 PM
To: Sonja Kohlgraf <skohlgraf@weldgov.com>
Cc: Rosanna Soto <rsoto@ welclgov.com>; Deborah Calvin <cicalvin@weldgov.com>; Michael Knee
<mknee@weldgov.com>; Don Warden <dwardeneweldxov.com>; Steven Reams
<srearp@weldgov.com>; Donnie Patch <dpatchwelclgov.com>
Subject: RE: Pass Around Request - 2019 MOUs between WCSO and municipalities
Sonja,
The commissioners approved the recommendation, but Commissioner Kirkmeyer wrote a couple of
questions down on the cover page. Could you respond to her and copy Don Warden and I on the
response?
The original is coming via interoffice mail..
Thank you!
Karla Ford X
Office Manager, Board of Weld County Commissioners
1150 0 Street, P.O. Box 758, Greeley, Colorado 80632
:: 970.336-7204 :: kford a@weldgov.com:: www.weldgov.corn
My working hours are Monday -Thursday 7:OOa.m.-4:00 p.m.
Friday 7:00a.m. - Noon
96
1
IF 504 ea o00/J'30
MEMORANDUM OF UNDERSTANDING
CONCERNING
THE WELD COUNTY VICTIM ADVOCATE SERVICES UNIT
Th Weld Count Sheriff's Office, whose address is 1950 "O" Street, Greeley, CO 80631, and
the 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 Sheriff's 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, 2019 - December 31, 2019 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.
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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 Sheriffs 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
Sheriffs Office, are not in conflict with other terms contained herein or direction of the
Weld County Sheriffs 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 Sheriffs Office.
8. Personnel assigned to the Weld County Victim Services Unit will work a schedule
consistent with Weld County Sheriffs Office ordinances, policies, procedures and
subject to the Fair Labor Standards Act.
9. Victim advocates are subject to the Weld County Sheriffs Office chain of command and
the supervision. Day to day supervision will be assigned to the Weld County Sheriffs
Office Director of Victim Services.
10. The Weld County Sheriff's Office Director of Victim Services will be responsible for
maintaining contact with the appropriate command staff of the Department. The Director
of Victim Services 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
Sheriffs 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 of the MOU
IN WITN
day of
SS WHEREOF, the parties hereto have signed and executed this Agreement this
20/1.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
By:
By:
Barbara Kirkmeyer,
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New Contract Request
Entity Information
Entity Name*
CITY OF FORT LUPTON
Entity ID*
@00001830
Contract Name*
MEMORANDUM OF UNDERSTANDING BETWEEN WELD
COUNTY VICTIM'S ASSISTANCE UNIT AND CITY OF FT
LUPTON POLICE DEPARTMENT
Contract Status
CTB REVIEW
Contract ID
3052
Contract Lead*
DCALVIN
❑ New Entity?
Parent Contract ID
Requires Board Approval
YES
Contract Lead Email Department Project #
dcalvin c@i CO. WELD. CO. US
Contract Description*
MUNICIPALITIES RECEIVE VICTIM'S ASSISTANCE SERVICES 24HRS/DAY 365 DAYS/YEAR AND CONTRIBUTE FINANCIALLY TO
THE VICTIM'S ASSISTANCE SERVICES PROGRAM OF WELD COUNTY
Contract Description 2
Contract Type* Department
STAI EMENT OF WORK SHERIFF
Amount
$4, 500.00
Renewable*
YES
Automatic Re
YES
Grant
1GA
Department Email
CM-Sheriff@weldgov.com
Department Head Email
CM-Sheriff-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
ATTORNEY EMAIL
County Attorney Email
CM-
COUNTYA I I ORNEY@WELD
GOV. COM
Requested BOCC Agenda
Date*
08//D7/2019
Due Date
08/03/2019
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
Termination Notice Period
Review Date*
11/01/2021
Committed Delivery Date
Renewal Date*
01/01/2022
Expiration Date
Contact Information
Contact Info
Contact Name
Purchasing
Purchasing Approver
Approval Process
Department Head
DONNIE PATCH
DH Approved Date
07/29/2019
Final Approval''
BOCC Approved
BOCC Signed Date
BOCC Agenda Date
08/07/2019
Originator
SKOHLGRAF
Contact Type
Contact Email
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
07/30/2019
Tyler Ref #
AG 080719
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
08/02/2019
Submit
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