HomeMy WebLinkAbout94- County and City Victim Witness Assistant
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INTERLOCAL AGREEMENT
GALLATIN COUNTY - CITY OF BOZEMAN
VICTIM WITNESS ASSISTANT
THIS AGREEMENT is made and entered into this 1st day of July,
1994, between Gallatin County, Montana (County) and the city of
Bozeman, Montana (City).
WHEREAS, in 1993 the County obtained a grant from the Montana
Board of Crime Control to establish a part-time Victim/Witness
Assistant Program in the Gallatin County Attorney's Office; and
WHEREAS, in 1994 the County joined with the City to expand the
program to include a full time Victim/Witness Assistant Program and
obtained a grant from the Montana Board of Cr ime Control to
establish a full time program to allow the city to make referrals
to the program; and
WHEREAS, the grant provides that in 1994 the Montana Board of
crime Control will provide 70% of the project budget and the County
and the City will share 30% of the project budget with the County
agreeing to pay 65% of its share of the 30% and the city agreeing
to pay 35% of its share of the 30%; and
WHEREAS, the County and the city desire to enter into this
Interlocal Agreement by which the County and city will pay their
share of the project budget for the Victim/Witness Assistant
Program and to establish the full-time position of victim/Witness
Assistant as set forth in the Subgrant Application to the Montana
Board of Crime Control dated January 28, 1994.
NOW, THEREFORE, the County and City agree as follows:
1. PURPOSE OF INTERLOCAL AGREEMENT. The purpose of this
Interlocal Agreement is to establish a coordinated full time
Victim/Witness Assistant Program between the County and the City to
allow their prosecutors and law enforcement officers to make
referrals to the program, to expand the pool of volunteers to work
with victims and witnesses and to increase the number of contacts
for the program. The further purpose is to assist 120 victims and
witnesses in cases inVOlving physical injury or the threat thereof,
such as homicide, assault, domestic abuse, stalking etc., and
victims and witnesses of property crimes, when the services of the
program are appropriate for the victim/witness, by June 30, 1995 as
determined by the project team.
2. STATEMENT OF AGREEMENT. The County agrees to provide a
full-time Victim/Witness Assistant (Assistant) in the Gallatin
County Attorney's Office for the victim/Witness Assistant Program
and to provide facilities, support staff, basic telephone service
and equipment for the Assistant. The Assistant shall provide
services to victims and witnesses referred by the County Attorney,
City Attorney, County Sheriff and City Police for victims and
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witnesses in cases involving physical injury or the threat thereof,
including but not limited to homicide, assault, domestic abuse, and
stalking, and victims and witnesses of property crimes, when the
services of the program are appropriate for the victim or witness.
The services shall be provided in accordance with the Montana Board
of Crime Control grant application dated January 28, 1994.
3. SEPARATE LEGAL ENTITY. There shall be no separate legal
entity created as a consequence of this Agreement.
4. DURATION. This agreement shall be in effect for a period
of one (1) year from July 1, 1994, until June 30, 1995.
5. OUALIFICATIONS AND SUPERVISION OF ASSISTANT. The
Assistant shall be an employee of Gallatin County and subject to
the County's Personnel POlicy. The Assistant shall be employed by
and be under the supervision of the Gallatin County Attorney. The
Assistant shall possess such qualifications as determined by the
Gallatin County Attorney. The County shall hold the city harmless
for any and all claims arising from the supervision of the
Assistant.
6. PROJECT TEAM AND ADMINISTRATION OF AGREEMENT. Administra-
tion of this Agreement shall include quarterly meetings of the
Victim\Witness Project Team, which shall include but not be limited
to the Gallatin County Attorney, Gallatin County Sheriff, Bozeman
city Attorney and the Bozeman Chief of Police or their designees.
It is understood that the County agrees to monitor the expenses of
the administration of this Agreement relating to services provided
to the city.
7. FINANCING. The County and the City agree that the basic
costs for the victim/Witness Assistant Program and services
provided under this Agreement shall be paid as follows:
Victim/Witness Assistant Salary and Benefits $28,594.00
Travel and Per Diem 602.00
Victim/Witness Program Information 75.00
Training Materials 70.00
NOVA Membership 30.00
McGuire Conference 100.00
NTPETA Conference 95.00
TOTAL $29,566.00
Of these costs, $20,696.00, which is 70% of the total basic
costs, will be paid by the Montana Board of Crime Control. The
County will pay $5,765.50, which is 65% of 30% of the total basic
costs. The city shall pay to the County the amount of $3,104.50,
which is 35% of 30% of the total basic costs and is the City's
share of the grant.
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In addition, the city shall pay to the County the costs for
long distance telephone calls which the Assistant makes in
connection with services provided to the City. The Assistant shall
maintain a record of the City' s long distance telephone calls,
including the name of the case, the date of the call and the person
and telephone number called. Upon receipt by the Gallatin County
Attorney of the monthly statement for long distance telephone calls
the County shall submit a statement to the City for the city's long
distance telephone calls.
8. TERMINATION AND DISPOSAL OF PROPERTY
Termination of this Agreement shall occur other than at the
end of its term only upon mutual agreement by the County and City.
The City acknowledges that it is not making any contribution to the
County under this Agreement for the acquisition of any property.
Any property acquired during the term of this Agreement shall be
the property of the County.
9. OTHER MATTERS
The above stated provisions constitute the entire agreement
between the parties hereto.
BOARD OF COUNTY COMMISSIONERS
GALLATIN COUNT~NTANA
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Approved as to legal content:
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CITY OF BOZEMAN
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cit Manager -
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Clerk of Commission
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. , ... RECEIVED JUN 2 3 199~
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.. " Gallatin County, Montana
Mike Salvagni
County Attorney
615 South 16th Avenue - Room 202
Bozeman, Montana 59715
Telephone: (406) 585-1410
FAX: (406) 585-1429
June 21, 1994
Mr. Paul Luwe
Bozeman City Attorney
P.O. Box 640
Bozeman, MT 59715
Re: victim/Witness Assistant Program
Dear Paul:
Enclosed is the original Interlocal Agreement for the
victim/Witness Program. commissioner Dunn was absent from the
meeting on June 21, 1994, when I presented the agreement to the
County Commissioners. Please have the agreement executed by the
city and return the original to me. I will file the agreement with
the Clerk and Recorder and provide a copy to the Secretary of State
pursuant to Section 7-11-107, MCA.
Again, thank you for participating with us in this extremely
important program. We are lOOking forward to participating in the
program with the City.
If you have any questions, please let me know.
enclosure