HomeMy WebLinkAbout20194951.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR VICTIM ADVOCATE
SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN - CITY OF DACONO
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 Dacono, 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
Dacono, 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 9th day of December, A.D., 2019, nunc pro tunc January 1, 2019.
BOARD OF COUNTY COMMISSIONERS
W j. D COUNTY, COLORADO
ATTEST: dat(ma ii jeito.t k,
Weld County Clerk to the Board
Deputy Clerk to the Boar
unty At orney
Date of signature: 0 -II (%I9
cc 3OCSK)
i/lo/ao
arbara Kirkmeyer,'Chair
2019-4951
SO0040
Con4-r-ac-t =0 '3x39
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: 11/11/2019
PERSON REQUESTING: Sonja Kohlgraf, SO Budget Manager
Brief description of the problem/issue:
The Weld County Sheriffs Office seeks approval to renew the following Victim's Assistance Services MOUs
for 2019:
City of Dacono, CO
Hudson Marshall (City of Hudson, CO)
The Sheriffs 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.
Note: There are a total of 9 municipalities that Weld County Victim's Assistance Services is holding an
agreement with. Nine municipalities, which have already been BOCC approved. These are the remaining two
that we are requesting approval for today.
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-Tem
Scott K. James
Barbara Kirkmeyer, Chair
Steve Moreno
Schedule
Work Session
Other/Comments:
2019-4951
300090
MEMORANDUM OF UNDERSTANDING
CONCERNING
THE WELD COUNTY VICTIM ADVOCATE SERVICES UNIT
The Weld County Sheriff's Office, whose address is 1950 "O" Street, Greeley, CO 80631, and
the City of Dacono (hereinafter referred to as the "City") 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 City 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. Nothing in this MOU is intended or shall
for9-/-/9.Si(i
be deemed or construed as creating any multiple -fiscal year direct or indirect debt or
financial obligation on the part of the City within the meaning of Colorado Constitution
Article X, Section 20 or any other constitutional or statutory provision. All financial
obligations of the City under this MOU are subject to annual budgeting and appropriation
by the Dacono City Council, in its sole discretion. Notwithstanding anything in this MOU
to the contrary, in the event of non -appropriation, this MOU shall terminate effective
December 31 of the then -current fiscal year.
2. The City will contribute financially to the Weld County Sheriff's Office to assist the
Weld County Sheriffs Office fund the Weld County Victim Services Unit. The required
financial contribution is $ 4,500.00 for each year this MOU is in effect.
3. The Weld County Sheriffs Office will prepare and send a notice to the City requesting
the financial contribution on or before the second month of the New Year. The City 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 City. Such
advocate will perform functions including, but not limited to the following:
a. Respond to a scene or by telephone as needed by the City of Dacono Police
Department ("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.
I. 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 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 City 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 City 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 WI S WHE OF, the parties hereto have signed and executed this Agreement
this 77/1 day of 20 /1
BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, COLORADO
By. _
ATT
ounty CI;1 to he B.
Barbara Kirkmeyek, Chair EC 0 9
CITY OF DACONO, COLORADO
By:
Kev n Plain, Mayor Pro-tem
ATTEST:
Valerie Taylor, ty erk
02 019 - 6)
Contract Form
New Contract Request
Entity information
Entity Name*
CITY OF DACONO
Entity ID*
@00001849
Contract Marne*
MEMORANDUM OF UNDERSTANDING BETWEEN WELD
COUNTY VICTIMS ASSISTANCE UNIT AND CITY OF DACONO
Contract Status
CTB REVIEW
❑ New Entity?
Contract ID
3239
Contract Lead*
DCALVIN
Contract Lead Email
dcalvin@CO WELD.CO.US
Parent Contract ID
Requires Board Approval
YES
Department Project #
Contract Description*
MUNICIPALITIES LE RECEIVE VICTIMS ASSISTANCE SERVICES 24HRS/DAY 365 DAYS/YEAR AND CONTRIBUTE FINANCIALLY
TO THE VICTIMS ASSISTANCE SERVICES PROGRAM OF WELD COUNTY
Contract Description 2
Contract Type*
STATEMENT OF WORK
Amount*
$4,500.00
Renewable*
YES
Automatic Renewal
Department
SHERIFF
Department Email
CM-Sheriff@welcigov.com
Department Head Email
CM-Sheriff-
DeptHead@weldgov.com
County Attorney
GENERAL COUNTY
A I I ORNEY EMAIL
County Attorney Email
CM-
COUNTYATTORNEY@WELD
GOV.COM
Requested BOCC Agenda
Date*
11/25/2019
Due Date
11/21/2019
Will a work session with BOCC be required?*
NO
Does Contract require Purchasing Dept to be included?
NO
If this is a renewal enter previous Contract ID
If this is part of a MSA enter MA Contract ID
Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in
OnBase
ro ntract Dates
Effective Date
Termination Notice Period
Review Date*
11/01/2019
Committed Delivery Date
Renewal Date*
01/01/2022
Expiration Datr
0I
Contact Name Contact Type Contact Email
ru[chasing
Purchasing Approver
Department Head
DONNIE PATCH
DH Approved Date
12/03/2019
Final Approval
BOCC Approved
BOCC Signed Date
Originator
SKOHLGRAF
Finance Approver
BARB CONNOLLY
Contact Phone 1 Contact Phone 2
Purchasing Approved Date
Finance Approved Date
12/04/2019
Tyler Ref #
Legal Counsel
BOB CHOATE
Legal Counsel Approved Date
12/04/2019
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