HomeMy WebLinkAbout20162056.tiffRESOLUTION
RE: APPROVE MEMORANDUM OF UNDERSTANDING FOR RESTORATIVE JUSTICE
PILOT PROJECT AND AUTHORIZE CHAIR TO SIGN - YOUTH AND FAMILY
CONNECTIONS
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 Memorandum of Understanding for the
Restorative Justice Program between the County of Weld, State of Colorado, by and through the
Board of County Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's
Office, and Youth and Family Connections, commencing upon full execution of signatures, and
ending June 30, 2017, 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 Restorative Justice Pilot
Project between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the 19th Judicial District Attorney's Office, and Youth
and Family Connections, and 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 29th day of June, A.D., 2016.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST: diticti CAk.
Mike Freeman, Chair
Weld County Clerk to the Board
BY:
teve Moreno
County Attorney
Date of signature
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2016-2056
DA0025
MICHAEL J. ROURKE
District Attorney
ROBERT W. MILLER
Assistant District Attorney
Office of the District Attorney
Nineteenth Judicial District
915 10TH Street
P.O. Box 1167
Greeley, CO 80632
Phone: (970) 356-4010
Fax: (970) 352-8023
www.weldda.com
To: Board of County Commissioners
From: Kirsta Britton
Director, Juvenile Diversion
Date: June 27, 2016
RE: Juvenile Diversion MOU with YFC for Restorative Justice Program
For your approval and signature, is the Memorandum of Understanding for collaboration
between Youth and Family Connections and the District Attorney's Office in regards to the
Juvenile Diversion Restorative Justice Program. The DA's Office contracts with YFC for
service provision. Minor updates were made to the previous MOU to better reflect the current
agreement. This version was approved by Bob Choate.
2016-2056
MEMORANDUM OF UNDERSTANDING
WHEREAS, the following Memorandum of Understanding (Agreement) outlines the
Agreement between the Weld County Board of County Commissioners ("County"), on behalf of
the 19th Judicial District Attorney's Office, ("District Attorney" or "D.A.") and Youth and
Family Connections ("YFC") regarding the Restorative Justice Pilot Project in Colorado's 19th
Judicial District.
WHEREAS, the District Attorney has received grant funding for the Restorative Justice
Pilot Project, and desires to contract with YFC for the purpose of providing Restorative Justice
services, as described in Colorado House Bill 13-1254.
WHEREAS, YFC intends to provide Restorative Justice services on behalf of the District
Attorney, in accordance with this Agreement and with Colorado House Bill 13-1254 and other
applicable law.
NOW THEREFORE, the undersigned organizations in good faith are resolved to execute
this Memorandum of Understanding and enter into an Agreement as follows:
1. TERM.
The term of this Agreement shall be from the date of execution through and until June 30, 2017.
2. GOALS.
a. Through the pilot program, the Restorative Justice program is designed to facilitate and
encourage diversion of juveniles from the juvenile justice system to Restorative Justice
practices, both to provide data to assess the efficacy of Restorative Justice to reduce
recidivism, to assist in repairing the harm caused to victims and the community, increase
victim, offender, and community member satisfaction, and reduce cost; and to promote
the restorative justice principles of reconciliation, responsibility, reintegration, respect,
relationship -building and restitution.
b. Through the Restorative Justice program, the District Attorney and Youth and Family
Connections intend to facilitate and encourage diversion of juveniles from the juvenile
justice system when diversion may prevent juveniles from committing additional criminal
acts, restore victims of crime, facilitate the juveniles' ability to pay restitution to victims
of crime, and reduce the number of cases in the juvenile justice system. Restorative
justice should ensure accountability while allowing juveniles to avoid the collateral
consequences associated with criminal charges and convictions.
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3. DUTIES OF YOUTH AND FAMILY CONNECTIONS.
a. YFC will recruit, interview, train, and supervise a group of volunteer Restorative Justice
Conference Facilitators. YFC will coordinate all steps of training and supervision for
volunteers. Training will relate to Restorative Justice principles, including reconciliation,
responsibility, reintegration, respect, relationship -building, and restitution. This will be
done with traditional and social media, community presentations, and volunteer and
stakeholder training and will be on -going.
b. YFC shall hire a Restorative Justice Coordinator using Restorative Justice grant funds
awarded to the District Attorney. The Restorative Justice Coordinator shall be
responsible for the day-to-day operation of the Restorative Justice program.
c. YFC volunteers will collect all required paperwork which shall be provided by the YFC
Restorative Justice Coordinator to the D.A. Office Diversion Director.
d. YFC will submit appropriate invoices for salary, mileage, supplies and other expenses in
a timely manner. YFC agrees that all invoices will be itemized and that all supporting
documentation will be attached thereto.
e. YFC will not provide case assessment or case management unless upon specific request
of the DA's Office.
f YFC and/or its designees or volunteers will administer all surveys provided by the state
of Colorado. Specifically, YFC will administer pre-program and post -program surveys to
offenders, and will ensure that offenders complete both the pre-program survey and the
post -program survey at a matched rate of no less than 75 percent. YFC will additionally
administer post -program surveys to victims and community members, and will ensure
that those surveys are appropriately submitted to the State of Colorado.
YFC will provide information/reports to the District Attorney upon request on the
following: (i) The number of juveniles who reach a Restorative Justice Agreement; (ii)
The number of juveniles who do not reach a Restorative Justice Agreement; (iii) The
number of victims who were contacted for participation in the Restorative Justice
program; (iv) The number of victims who participated in the Restorative Justice program;
(v) The number of victims who declined to participate in the Restorative Justice program;
(vi) The number of victims who submitted victim impact statements; (vii) The number of
victims who sent a surrogate; (viii) Victim surveys; and (ix) Offender surveys.
h. YFC will collaborate with the District Attorney to complete a cost -benefit analysis to
determine cost savings of the program.
g.
i. YFC will collaborate with the District Attorney as much as possible to ensure success of
the Restorative Justice program.
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4. DUTIES OF DISTRICT ATTORNEY.
a. The D.A. will assess all first time juvenile offenders for appropriateness in diversion and
restorative justice programming based on offense, victim input and resources. The D.A.
will attempt to contact victims of crime for input on restoration of harm and use that to
determine restorative justice eligibility.
b. The D.A. will refer juveniles to the Restorative Justice program as an alternative to the
traditional juvenile justice system.
c. The D.A. will provide case management services for all Restorative Justice cases.
d. The D.A. will collect all fees from Restorative Justice program participants as required
by law for Diversion Fees and Restorative Justice Program Fees. This includes
determining what those fees should be on a sliding scale, if necessary.
e. The D.A. Office Diversion Director will be responsible for all data collection and
reporting as required by the State for funding and assessment purposes. The Diversion
Director will complete all grant applications following the standard procedure as set by
the Board of County Commissioners for grant funding requests.
f. Using systems available to District Attorney's Offices, the Diversion Director will check
recidivism one year post program completion.
g. The D.A. will provide data to the State as required by Colorado House Bill 13-1254.
h. The D.A. will collaborate with YFC as much as possible to ensure success of the
Restorative Justice program.
5. FUNDS.
a. The District Attorney's Office will collect all funds from the state RJ fund and will
disburse those funds to YFC, as the contracted agency, based on satisfactory performance
of contracted obligations. An invoice will be provided to the DA's Office quarterly, for
personnel costs, and will be submitted to the state with routine reporting documents.
YFC will submit invoices for mileage and supply expenses quarterly, which will be
reimbursed up to but not exceeding the budgeted and awarded amount. Funds will be
provided to YFC, or its designated fiscal agent, at the beginning of the quarter, once they
are received from the State. Additionally, YFC will receive 50 percent of the total amount
of collected program fees for Diversion clients who participate in Restorative Justice
and/or Restore with YFC, which YFC agrees to use costs associated with maintaining and
further developing the Restorative Justice and Restore programs. On a quarterly basis,
The DA's Office will submit to YFC the total amount of program fees collected for each
youth, and the total due to YFC for their portion of fees collected for youth who
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participate in Restorative Justice and/or Restore. YFC, or its designated fiscal agent will
receive these funds after the close of the quarter.
b. The budget provided to YFC will contain line items for personnel, operating, travel, and
foreign language translation. YFC will be responsible for spending the budgeted
amounts within the budgeted limits. YFC has spending authority for purchases within the
budget limits for amounts less than $1,500. For individual expenditures greater than
$1,500.00 for items within the operating and travel line items, the YFC Executive
Director must obtain written spending authorization from the named Project Director.
c. The parties expressly recognize that this Agreement, and all funds discussed herein, is
subject to the availability of Restorative Justice funds from the State. If in the future such
funds are decreased or eliminated, neither the County nor the District Attorney shall be
responsible to pay for YFC services except with those Restorative Justice funds received
from the State.
6. INDEPENDENT CONTRACTOR.
YFC shall perform its duties hereunder as an independent contractor and not as an employee of
Weld County. YFC shall be solely responsible for its acts and those of its agents and employees
for all acts performed pursuant to this Agreement. Neither YFC nor any agent, volunteer, or
employee of YFC shall be deemed to be an agent or employee of County. YFC and its
employees and agents are not entitled to unemployment insurance or workers' compensation
benefits through County and County shall not pay for or otherwise provide such coverage for
YFC or any of its agents, volunteers, or employees. Unemployment insurance benefits will be
available to YFC and its employees, volunteers, and agents only if such coverage is made
available by YFC or a third party. YFC shall pay when due all applicable employment taxes and
income taxes incurred pursuant to this Agreement. YFC shall not have authorization, express or
implied, to bind County to any agreement, liability or understanding, except as expressly set
forth in this Agreement. YFC shall have the following responsibilities with regard to workers'
compensation and unemployment compensation insurance matters: (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by
law and (b) provide proof thereof when requested to do so by County.
7. INSURANCE AND INDEMNIFICATION.
YFC shall defend and indemnify County, its officers and agents, from and against loss or
liability arising from YFC's acts, errors or omissions in seeking to perform its obligations under
this Agreement. YFC shall provide necessary workers' compensation insurance at YFC's own
cost and expense. YFC shall provide its own liability coverage, which shall cover any and all
acts of YFC employees, agents, and volunteers.
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8. TERMINATION.
Either party may terminate this Agreement at any time by providing the other party with a 30 day
written notice thereof Furthermore, this Agreement may be terminated at any time without
notice upon a material breach of the terms of the Agreement. In the event of an early
termination, YFC shall be paid for work performed up to the time of notice and County shall be
entitled the use of all material generated pursuant to this Agreement.
9. NON -ASSIGNMENT.
YFC may not assign or transfer this Agreement, any interest therein or claim thereunder, without
the prior written approval of County.
10. NON-EXCLUSIVE AGREEMENT.
This Agreement is nonexclusive and County may engage or use other contractors or persons to
perform services of the same or similar nature.
11. FUND AVAILABILITY.
Financial obligations of the County payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available. By execution of this
Agreement, County does not warrant that funds will be available to fund this Agreement beyond
the current fiscal year.
12. SEVERABILITY.
If any term or condition of this Agreement shall be held to be invalid, illegal, or unenforceable,
this Agreement shall be construed and enforced without such provision, to the extent that this
Agreement is then capable of execution within the original intent of the parties.
13. GOVERNMENTAL IMMUNITY.
No term or condition of this Agreement shall be construed or interpreted as a waiver, express or
implied, of any of the immunities, rights, benefits, protections or other provisions, of the
Colorado Governmental Immunity Act §§24-10-101 et seq., as applicable now or hereafter
amended.
14. NO THIRD PARTY BENEFICIARY.
It is expressly understood and agreed that the enforcement of the terms and conditions of this
Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the
undersigned parties and nothing in this Agreement shall give or allow any claim or right of
action whatsoever by any other person not included in this Agreement. It is the express intention
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of the undersigned parties that any entity other than the undersigned parties receiving services or
benefits under this Agreement shall be an incidental beneficiary only.
15. BOARD OF COUNTY COMMISSIONERS APPROVAL.
This Agreement shall not be valid until it has been approved by the Board of County
Commissioners of Weld County, Colorado or its designee.
16. CHOICE OF LAW.
Colorado law, and rules and regulations established pursuant thereto, shall be applied in the
interpretation, execution, and enforcement of this Agreement. Any provision included or
incorporated herein by reference which conflicts with said laws, rules and/or regulations shall be
null and void.
17. VENUE.
In the event of a dispute arising under this Agreement, the parties agree that venue is proper in
the Weld County District Court, located in Greeley, Colorado.
18. ATTORNEYS FEES / LEGAL COSTS.
In the event of a dispute between County and Contractor, concerning this Agreement, the parties
agree that each party shall be responsible for the payment of attorney fees and/or legal costs
incurred by or on its own behalf.
In Witness Whereof, the parties hereto have executed this Agreement the day and year provided
below.
Approvals:
Weld County District Attorney Date
Execu eDirector Date
Youth & Family Connections
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ATTEST: ddrAIA)
Weld Chi nt,M Clerk to the Bgard , WELD COUNTY, COLORADO
BY:
BOARD OF COUNTY COMMISSIONERS
Deputy CI k to the Bo� �„�� Mike Freeman, Chair
Controller
APBROVED
County Attorney
JUN 2 9 2016
PROVEQ AS TO S TANCE:
lected Official or
epartment Head
Director of General Services
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