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Home My WebLink About20193584.tiffRESOLUTION RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR VICTIM ADVOCATE SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN - TOWN OF PLATTEVILLE 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 Town of Platteville 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 Town of Platteville 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. ATTEST: ddtiftwo�' J/; Weld County Clerk to the Board BY: Deputy Clerk to the Boar APP: %V' DA orney Date of signature: 04(/1 4/ °( BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COL.RADO 2 arbara Kirkmeyer, EXCUSED hair Mike Freeman, Pro -Tern cot t K. James Steve Moreno C) cc.'SOCSK.N 9- /G- II 2019-3584 S00040 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. Sean P. Conway Mike Freeman, Pro -Tern Scott K. James Barbara Kirkmeyer, Chair Steve Moreno g/9 Approve Schedule Recommendation Work Session Other/Comments: 2019-3584 bwt,L.tnu:-4 Lt+-irt 6c 1. Sonja Kohlgraf From: Sent: To: Cc: Subject: Barbara Kirkmeyer Friday, July 26, 2O19 6:12 AM Steven Reams Karla Ford; Sonja Kohigraf; Rosanna Soto; Deborah Calvin; Michael Knee; Don Warden; Donnie Patch Re: Pass Around Request - 2O19 MOUs between WCSO and municipalities Thank you. Appreciate the response! Sent from my iPhone On Jul 25, 2O19, at 1O:3O AM, Steven Reams <sreamsl@weldgovcom> 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 <kford@weidgov.corn> Sent: Wednesday, July 24, 2019 2:10 PM To: Sonja Kohigraf <skohigrar@weldgov.com> Cc: Rosanna Soto <rsgto@weldgov.corn>; Deborah Calvin <dc lvin@w+ gov.rconi>; Michael Knee cmknee eDweldgov.com>; Don Warden <dwarden@weldgov.com>; Steven Reams cs_rea is@wel lgov.co >; Donnie Patch <dpatclh @weidgov.corn> Subject: RE: Pass Around Request - 2O19 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@weldgov.com :: www.weldgov.com :: My working hours are Monday -Thursday 7:00a.m.-4:00 p.m. Friday 7:00a.m. - Noon Qaoc`o 9 - 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 -'(4 / 7j/CeePolice 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 Sheriffs 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. 026/9- 351`6) 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 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 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 of the MOU AUG 0 7 2019 ,COLORADO IN WI SS WHEREOF, the parties hereto have signed and executed this Agreement this /7171 day of L.-i t 20 / BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO MUNICIPALITY OF 00,14 .11 )1e., A Barbara Kirkmeyed, Chair By: Title: 2o/ 9-- 035 14() Contract Form qu * PLA! IEVILLE POLICE Entity ID* ethl t Lrc767 Contract Name* MEMORANDUM OF UNDERSTANDING BETWEEN WELD COUNTY VICTIM'S ASSISTANCE UNIT AND PLAT I EVILLE POLICE DEPARTMENT Contract Status CTB REVIEW ❑ New Entity? Contract ID 3054 Contract Lead* DCALVIN Contract Lead Email dcalvi O.WELD CO.US Parent Contract I wires Board Approval YES Contract Description* MUNICIPALITIES RECEIVE VICTIM'S ASSISTANCE SERVICES 24HRS/DAY 365 DAYSJYEAR AND CONTRIBUTE FINANCIALLY TO THE VICTIM'S ASSISTANCE SERVICES PROGRAM OF WELL) COUNTY Contract Description 2 Contract Type* STA I LMENT OF WORK Amount* (I0 YES n Grant SHERIFF CM-Sh.com rnent Head Email CM-Sheaff- DeptHead@welcigov.com County Attorney GENERAL COUNTY A I I ORNEY EMAIL County Attorney Email CM- COU NTYATTORN EY@W4'ELD GOV.COM Requested BOCC Agenda Date* 08107/2019 Due Date 08/03/2019 Will a work session with BOCC be required? NO Does Contract t ire Purchasing Dept to be i If this is a renewal enter previous Contract ID If this is part of a MSA enter NASA Contract ID Note: the Previous Contract Number and Master Services Agreement Number should be left blank if those contracts are not in Onaase Termination Notice Period Review Date* 11/01/2021 Committed Delivery Date Renewal Date* 11/01/2022 Contact Information Contact Info Contact Name Purchasing Purchasing Approver Approval Process Department Head BONNIE PATCH DH Approved Date 07129/2019 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 Hello