HomeMy WebLinkAbout20174286.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR VICTIM ADVOCATE
SERVICES UNIT AND AUTHORIZE CHAIR TO SIGN - GARDEN CITY 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 Garden City Police Department, commencing January 1, 2018, and ending
December 31, 2018, 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 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 Garden City 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 27th day of December, A.D., 2017.
BOARD OF COUNTY COMMISSIONERS
WELD COU ► TY, COLO'ADO
ATTEST: di�,siy1J JC o:�
Weld County Clerk to the Board
BY:
ulie Aozad, Chair
Steve Moreno, Prd-Tem
Deputy Clerk the B• . d ' J +` EXCUSED
ARP-RO1tED AS
•
ou y Attorney
Date of signature: 0677/g
cc Soc3o)
o;(1908'
Sean P. Conway
EXCUSED
Mik _ Freeman
arbara Kirkmeyer
2017-4286
SO0038
STEVE REAMS
December 20, 2017
To: Board of County Commissioners
From: Jennifer Oftelie
Re: MOU with Garden City Police Department for Victim Advocate Services
Commissioners,
As a continuation of the work sessions and discussions held in previous years, the Director of the
Victim Services Unit for the Sheriff's Office is seeking out financial assistance from local
entities to support the VALE board's grant requirements. Part of this is working with
municipalities no longer covered under the contract services to ensure their compliance with
Colorado Revised Statutes regarding victim services.
The MOU with Garden City Police Department for 2018 is the same format as other MOU's
entered in 2015 after working with the County Attorney's Office. Garden City now joins
Platteville, Dacono, Firestone, Fort Lupton, Frederick, Hudson, Lochbuie and Mead for these
services.
2017-4286
S00038 -
Southwest Substation
4209 WCR 24 1/2
Longmont, Colorado 80504
(720) 652-2415
Fax (720) 652-4217
Headquarters
1950 O Street
Greeley, Colorado 80631
(970)356-4015
Fax (970)304-6467
Toll Free (800)436-9276
www.weldsheriff.com
Southeast Substation
2950 9th Street
Fort Lupton, Colorado 80621
(303) 857-2465
Fax (303) 637-2422
Page I 1
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 Garden City 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
IL 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, 2018 - December 31, 2018, 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.
2. The Department will contribute financially to the Weld County Sheriffs Office to assist
the Weld County Sheriffs 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 Sheriffs 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
jirc 5lad( O/,cech,ef
Authorized City Official name and title
Julie A. Cozad, BOCC Chair
Weld County Authorized Official Signature
lza�, i7
Date
DEC 2 7 2017
Date
cJD / 7- 4/02 f G
Hello