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HomeMy WebLinkAbout08862ORDINANCE NO. 8862 AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO COUNTY TH 10 JUDICIAL DISTRICT, THE COLORADO BUREAU OF INVESTIGATION, THE PUEBLO COUNTY SHERIFF’S OFFICE, TH THE 10 JUDICIAL DISTRICT PROBATION OFFICE AND THE YOUNG WOMEN’S CHRISTIAN ASSOCIATION (YWCA) FOR THE PURPOSE OF PARTICIPATING IN THE DEPARTMENT OF JUSTICE – OFFICE OF VIOLENCE AGAINST WOMEN; GRANT TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS (GTEAP). BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Understanding attached hereto and having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized and directed to take all action necessary, appropriate or required to effectuate the provisions of this Ordinance. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: _ April 13, 2015 BY: Chris Nicoll PASSED AND APPROVED: April 27, 2015 City Clerk’s Office Item # R-5 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 13, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Chief Luis Velez, Police Department SUBJECT: AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND TH THE PUEBLO COUNTY 10 JUDICIAL DISTRICT, THE COLORADO BUREAU TH OF INVESTIGATION, THE PUEBLO COUNTY SHERIFF’S OFFICE, THE 10 JUDICIAL DISTRICT PROBATION OFFICE AND THE YOUNG WOMEN’S CHRISTIAN ASSOCIATION (YWCA) FOR THE PURPOSE OF PARTICIPATING IN THE DEPARTMENT OF JUSTICE – OFFICE OF VIOLENCE AGAINST WOMEN; GRANT TO ENCOURAGE ARREST POLICIES AND ENFORCEMENT OF PROTECTION ORDERS (GTEAP) SUMMARY: Attached is an Ordinance for the approval of a memorandum of understanding between multiple law enforcement agencies in Colorado for the purpose of participating in the GTEAP grant award, initiated by the Pueblo County District Attorney’s Office. PREVIOUS COUNCIL ACTION: No previous Council action. This is a new grant award. A Letter of Support for the grant award was submitted on March 18, 2015 by the City Manager, pending Council’s approval of this MOU (see attached). BACKGROUND: The Pueblo County District Attorney’s Office is applying for a Department of Justice – Office of Violence Against Women; Grant to Encourage Arrest Policies and Enforcement of Protection Orders (GTEAP) grant award that requires collaboration among area affected law enforcement agencies and agencies that assist victims of violence against women. This MOU confirms each agency’s willingness to participate in the grant award. The MOU requires that each agency endeavor to work together to develop and establish policies and procedures that will promote and sustain an Arrest Program for the community of Pueblo, Colorado; to Encourage Arrest Policies and the Enforcement of Protection Orders; to maintain services that meet, exceed and/or compliment current criminal justice standards. The Pueblo County District Attorney’s Office will act as the grant award’s Project Manager. Operational coordination and oversight of the grant award will be the responsibility of the Project Manager. Each agency will assign representatives from their respective organizations to the Arrest Program planning and development team, upon Pueblo County, CO’s GTEAP grant award. FINANCIAL IMPLICATIONS: There are no financial implications for the City of Pueblo. No match is required by the City of Pueblo. The MOU “should not and thus shall not establish nor create any form or manner of a formal agreement or indenture, but rather an agreement between the Parties to work together in such a manner that would promote a genuine atmosphere of collaboration and alliance in the support of an effective and efficient partnership.“ “The MOU shall in no way hold or obligate either Party to supply or transfer funds to maintain and/or sustain the partnership; this MOU is a non-financial agreement.“ BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: City Council may decline to accept the conditions of the MOU, which would effectively deny the th Pueblo County 10 Judicial District’s application for this grant award, since demonstrated collaboration with all area law enforcement agencies is a requirement of the grant award. RECOMMENDATION: The Police Department recommends approval of the Ordinance. Attachments: Memorandum of Understanding City Manager’s Letter of Support dated March 18, 2015 TEni iR oc0Li94ap0Y, MEMORANDUM M OF UNDERSTANDING This Memorandum of Understanding (MOU), hereinafter referred to as the Memorandum, entered into on 03/16/2015, by and between Pueblo County, CO - 10th Judicial District residing at 215 W. 10th Street, Pueblo, CO, Colorado 81003, hereinafter referred to as the "First Party," and ® Colorado Bureau of Investigation residing at 3416 N. Elizabeth Street, Pueblo, Colorado 81008, ® Pueblo Police Department residing at 200 S. Main Street, Pueblo, Colorado 81003, ® Pueblo County Sheriff's Office residing at 909 Court Street, Pueblo, Colorado 81003, ® Judicial District Probation Office residing at 501 N. Elizabeth Street, Pueblo, Colorado 81003, ® Young Women's Christian Association (YWCA) 801 N. Santa Fe Ave. Pueblo, Colorado 81003, Hereinafter referred to as the "Second Party," and collectively known as the "Parties" for the purpose of establishing and achieving various goals and objectives relating to the partnership. WHEREAS, the aforementioned Parties desire to enter into the herein described non-financial agreement in which they shall work together to accomplish the goals and objectives set forth; WHEREAS, Pueblo County, CO - 10th Judicial District documents a long-lasting and successful relationship with each Party dating back to the inception of their governmental,judicial and/or community services, in particular, addressing sexual assault, domestic violence, dating violence, and stalking; WHEREAS, the Parties are desirous to enter an understanding, thus setting out all necessary working arrangements that both Parties agree shall be necessary to complete this partnership; WHEREAS, the Parties approve Pueblo County, CO's proposed grant budget to the Department of Justice — Office of Violence Against Women; Grant to Encourage Arrest Policies and Enforcement of Protection Orders (GTEAP) for the purposing of hiring an Arrest Program investigator, training travel allowance and investigative equipment; WHEREAS, the Parties will assign representatives from their respective organizations to the Arrest Program planning and development team, upon Pueblo County, CO's GTEAP grant award. MISSION The aforementioned partnership has been established with the following intended mission in mind: Partnership Mission Statement: To encourage arrest policies and enforcement of protection orders; to ensure that sexual assault, domestic violence, dating violence and stalking are treated as serious violations of criminal law requiring coordinated involvement of the entire criminal justice system and community-based victim services organizations; to work collaboratively to identify problems and share ideas that will result in new responses to ensure victim safety and offender accountability. 1 OBJECTIVES The Parties shall endeavor to work together to develop and establish policies and procedures that will promote and sustain an Arrest Program for the community of Pueblo, Colorado; to Encourage Arrest Policies and the Enforcement of Protection Orders; to maintain services that meet, exceed and/or compliment current criminal justice standards. RESPONSIBILITIES AND OBLIGATIONS OF THE PARTIES It is the desire and the wish of the aforementioned Parties to this MOU Agreement that this document should not and thus shall not establish nor create any form or manner of a formal agreement or indenture, but rather an agreement between the Parties to work together in such a manner that would promote a genuine atmosphere of collaboration and alliance in the support of an effective and efficient partnership. TIMELINE The above outlined scope and objective shall be contingent on the Department of Justice-OVW awarding Pueblo County a Grant to Encourage Arrest Policies and Enforcement of Protection Orders (GTEAP). Responsibilities under this Memorandum of Understanding will coincide with the awarded grant period; October 1, 2015 to September 30, 2018. TERMS OF UNDERSTANDING The term of this Memorandum of Understanding shall be for a period of October 1, 2015 to September 30, 2018 from the aforementioned effective date and maybe extended upon availability to renew. AMENDMENT OR CANCELLATION OF THIS MEMORANDUM This Memorandum of Understanding may be amended or modified at any time in writing by mutual consent of both parties. In addition, the Memorandum of Understanding may be cancelled by either party with 90 days advance written notice. GENERAL PROVISIONS The Parties acknowledge and understand that they must be able to fulfill their responsibilities under this Memorandum of Understanding in accordance with the provisions of the law and regulations that govern their activities. Nothing in the Memorandum is intended to negate or otherwise render ineffective any such provisions or operating procedures. If at any time either party is unable to perform their duties or responsibilities under this Memorandum of Understanding consistent with such party's statutory and regulatory mandates, the affected party shall immediately provide written notice to the other party. LIMITATION OF LIABILITY No rights or limitation of rights shall arise or be assumed between the Parties as a result of the terms of this Memorandum of Understanding. ARBITRATION/MEDIATION DISPUTE RESOLUTION The Parties to this Memorandum of Understanding agree that should any dispute arise through any aspect of this relationship, including, but not limited to, any matters, disputes or claims, the parties shall confer in good faith to promptly resolve any dispute. In the event that the parties are unable to resolve the issue this Memorandum of Understanding shall be deemed or invalid. GOVERNING LAW This Memorandum of Understanding shall be governed by and construed in accordance with the laws of the State of Colorado. 2 ASSIGNMENT Neither party to this Memorandum of Understanding may assign or transfer the responsibilities or agreement made herein withoutthe prior written consent of the non-assigning party, which approval shall not be unreasonably withheld. FURTHERMORE, the Parties to this MOU have mutually acknowledged and agreed to the following: The Parties to this MOU shall work together in a cooperative and coordinated effort, in such a manner to bring about the achievement and fulfillment of the Arrest Program goals and objectives. - It is not the intent of this MOU to restrict the Parties to this Agreement from their involvement or participation with any other public or private individuals,agencies or organizations. - The Parties to this MOU shall mutually contribute and take part in any and all phases of the planning and development of this partnership, to the fullest extent possible. - The MOU shall in no way hold or obligate either Party to supply or transfer fiords to maintain and/or sustain the partnership; this MOU is a non-financial agreement. - The Parties to this MOU have the right to individually or jointly terminate their participation in this Agreement provided that advanced written notice is delivered to the other party. AUTHORIZATION AND EXECUTION The signing of this Memorandum of Understanding does not constitute a formal undertaking, and as such it simply intends that the signatories shall strive to reach, to the best of their abilities, the goals and objectives stated in this MOU. This Agreement shall be signed by all parties shall be effective as of the date first written above. > Pueblo County, CO - 10th Judicial District shall render/provide the following services that include, but are not limited to: As the first party, the Pueblo County District Attorney's Office (10th Judicial District) will assign an additional full-time investigator to address and focus their efforts to reduce the crimes of sexual assault, domestic violence,dating violence and stalking. .0jitAW MM.4H )..a r (First Party Signature) (Date) Pueblo County, CO - /0th Judicial District > Colorado Bureau of Investigation (CM) shall render/provide the following services that include, but are not limited to: As the second party, CBI will support the Arrest Program by addressing crime, promoting safety/ security; managing statewide criminal justice information; delivering criminal/background investigations,forensic/labo tory services;building with state and local communities_ /342 01 (Se.ond Party Signature) (Date) . . Colorado Bureau of Investigation 3 ➢ Pueblo Police Department shall render/ provide the following services that include, but are not limited to: As the second party, Pueblo Police Department will support the Arrest Program in their role as "First Responders" to assess/report crimes of sexual assault, domestic violence, dating violence and stalking. As the initial ' - is they will refer appropriate reports to the Pueblo County District A . - •'- e ce or charging an. .flow-up by the assigned Arrest Program Investigator. (Second Party Signature) (Date) City Council President for the City of Pueblo, a Municipal Corporation ➢ Pueblo County Sheriffs Office shall render/provide the following services that include, but are not limited to: As the second party, Pueblo County Sheriff's Office will support the Arrest Program in their role as "First Responders" to assess/report crimes of sexual assault, domestic violence, dating violence and stalking. As the initial finder of facts they will refer appropriate reports to the Pueblo County District Attorney's Office for charging and follow-up by the assigned Arrest Program Investigator. (Second Party Signature) (Date) Pueblo County Sheriff's Office ➢ 10th Judicial District Probation Office shall render/provide the following services that include, but are not limited to: As the second party, 10th Judicial District Probation Office will support the Arrest Program in their role by providing quality probation services through management of individualized offender programs; accountability, skill and competency development after incarceration. (Second Party Signature) (Date) 10th Judicial District Probation Office ➢ Young Women's Christian Association (YWCA) shall render/provide the following services that include, but are not limited to: As the second party, Young Women's Christian Association (YWCA) will support the Arrest Program by their dedication to serving women in times of crisis as survivors of rape or domestic violence. In addition, YWCA provides job training and career counseling; childcare; health and fitness. (Second Party Signature) (Date) Young Women's Christian Association YWCA 4 D Pueblo Police Department shall render/ provide the following services that include, but are not limited to: As the second party, Pueblo Police Department will support the Arrest Program in their role as "First Responders" to assess/report crimes of sexual assault, domestic violence, dating violence and stalking. As the initial finder of facts they willrefer appropriate reports to the Pueblo County District Attorney's Office for charging and follow-up by the assigned Arrest Program Investigator. Set- MDU AbbEN 'I (Second Party Signature) (Date) Pueblo Police Department > Pueblo County Sheriff's Office shall render/provide the following services that include, but are not limited to: As the second party, Pueblo County Sheriff's Office will support the Attest Program in their role as "First Responders" to assess/report crimes of sexual assault, domestic violence, dating violence and stalking. As the initial finder of facts they will refer appropriate reports to the Pueblo County District Attorney's Office for charging and follow-up by the assigned Arrest Program Investigator. (Second Party Sign.-"{r (Date) Pueblo County Sheriff's Office > 10th Judicial District Probation Office shall render/provide the following services that include, but are not limited to: As the second party, 10th Judicial District Probation. Office will support the Arrest Program in their role by providing quality probation services through management of individualized offender programs; accountability, skill and competency development after incarceration. (Second Party Signature) ' (Date) 10th Judicial District Probation Office > Young Women's Christian Association (YWCA) shall render/provide the following services that include, but are not limited to: As the second party, Young Women's Christian Association (YWCA) will support the Arrest Program by their dedication to serving women in times of crisis as survivors of rape or domestic violence. In addition, YWCA provides job training and career counseling; childcare; health and fitness. 3 . le. lc (Second Parry Signature) (Date) Young Women's Christian Association YWCA 4