HomeMy WebLinkAbout20161062.tiff RESOLUTION
RE: APPROVE SEVEN (7) MEMORANDUMS OF UNDERSTANDING FOR VICTIM
ADVOCATE SERVICES UNIT AND AUTHORIZE WELD COUNTY SHERIFF TO SIGN
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 seven (7) Memorandums 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 Sheriff's Office,
and the seven entities listed below, commencing January 1, 2016, and ending December 31,
2016, with further terms and conditions being as stated in said memorandums of understanding:
1. Dacono Police Department
2. Firestone Police Department
3. Frederick Police Department
4. Fort Lupton Police Department
5. Hudson Police Department
6. Lochbuie Police Department
7. Platteville Police Department
WHEREAS, after review, the Board deems it advisable to approve said memorandums of
understanding, copies of which are attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Seven (7) Memorandums 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 Sheriffs Office, and the seven (7) entities listed
above be, and hereby are, approved.
BE IT FURTHER RESOLVED by the Board that the Weld County Sheriff be, and hereby
is, authorized to sign said memorandums of understandings.
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/�- 46P-/4- 2016-1062 thru 2016-1068
7 SO0037
RE: SEVEN (7) MEMORANDUMS OF UNDERSTANDING FOR VICTIM SERVICES
ADVOCATE UNITS
PAGE 2
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 28th day of March, A.D., 2016, nunc pro tunc January 1, 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: l4t1 ) ,4
Mike Freeman, Chair
Weld County Clerk to the Board
Sean P. Conway, Pro-Tem v4-(idav(,d BY. De uty Clerk to the Board �ItiGK
lie A. Cozad
AP D ORM: 1E,§,,,
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Kirkmey
County Attorney 7 i
Moreno
Date of signature: ihlqicp ,J
2016-1062 thru 2016-1068
SO0037
MEMORANDUM OF UNDERSTANDING
CONCERNING
THE WELD COUNTY VICTIM ADVOCATE SERVICES UNIT
The Weld County Sheriffs Office, whose address is 1950 "O" Street, Greeley, CO 80631, and
the Dacono 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 Sheriffs 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 Sheriffs 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, 2016 - December 31, 2016, 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.
2016-1062
2. The Department 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
recommended financial contribution is $ 4,500.00.
3. The Weld County Sheriffs 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 Sheriffs 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
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 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 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 Sheriffs 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 he 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
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Weld County Sheriffs Office Sheriff Date
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