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HomeMy WebLinkAbout6.f. Driving Diversion Service Program Agreement EXECUTIVE SUMMARY City Council Regular Meeting: February 1, 2016 AGENDA ITEM: Driving Diversion Service Program Agreement AGENDA SECTION: Consent PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.f. ATTACHMENTS: Driving Diversion Service Program agreement APPROVED BY: ddj RECOMMENDED ACTION: Motion to approve the execution of a Driving Diversion Service Agreement to authorize the Police Department to participate in the Diversion Program effective February 2, 2016. ISSUE The Police Department in the last year as seen an influx of individuals driving without a driver’s license; due to the majority of these cases require a court appearance it has placed a burden on the courts. BACKGROUND The Police Department was contacted by the City of Rosemount’s Criminal Attorney Dan Fluegel who suggested the City enter into a Drivers Diversion Program. After speaking with Mr. Fluegel and reviewing the program it was determined it would be beneficial to all parties involved if the City of Rosemount entered in this program. The City will be partnering with Diversion Solutions, LLC from Red Wing, MN. The City of Rosemount will have no financial responsibility for the program. Currently South St. Paul and Inver Grove Heights have been utilizing this program. City of Rosemount’s Civil Attorney Mary Tietjen has reviewed and approved the agreement for the Council’s approval. RECOMMENDATION Staff recommends the approval of the attached resolution authorizing the execution of the Driving Diversion Agreement. 1 DRIVING DIVERSION PROGRAM SERVICES AGREEMENT FOR THE CITY OF ROSEMOUNT 1. Contractual Agreement - This Agreement is made and entered into this ______________ day of _______________, 2016, by and between the City of Rosemount, State of Minnesota, by and through its Prosecuting City Attorney’s Office, (“City”) and Diversion Solutions, LLC, of 415 Main Street, Red Wing, Minnesota 55066.  Purpose – The purpose of this Agreement shall be to implement a Driving Diversion Pilot Program for the City as written in MN Section 1. Laws 2009, chapter 59, article 3, section 4, as amended by Laws 2010, chapter 197, section 1, is amended to read: Sec. 4. LICENSE REINSTATEMENT DIVERSION PILOT PROGRAM. 3. Contract Terms - This Agreement shall be in force until June 30, 2017. Termination provisions of this Agreement are provided in Section 10. 4. Definitions: A. Participant – the individual who has enrolled in the Driving Diversion Program voluntarily as part of City diversion program or has otherwise been ordered by the Court to complete the program. B. Restitution Recovery – Fines, reinstatement fees, and diversion fees payable by a Participant. C. Education Class Fees – The fee associated solely with the training classes the Participant attends as part of their diversion agreement. 5. City Duties – The following is needed for the implementation of the Program: A. Designated staff from the Prosecuting City Attorney’s Office and Police Department (hereinafter collectively referred to as “Designees”) will assist Diversion Solutions in organizing and implementing the restitution program with court and law enforcement personnel. Designees will also provide guidance in publicizing the program to the community. B. Designees will conduct, as needed, meetings with key Diversion Solutions staff to offer procedural guidance, evaluate program performance, and provide support and direction. C. The Prosecuting City Attorney’s Office and the Police Department shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. 2 6. Diversion Solutions Duties - Diversion Solutions will provide the following services to the City in a timely and efficient manner: : A. Operation and management of a driver’s license diversion program for Participants who would otherwise be involved in the City legal system. B. Perform daily operations and management of all clerical and accounting functions related to individual Participant files. C. Manage the collection and disbursement of Restitution Recovery Fees, Diversion Solutions Education Class Fees, and other fees as appropriate. D. Provide necessary responses, correspondence, and follow-up of telephone inquiries to address issues or questions of Participants. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. as required by law or requested by the City. F. Conduct classes designed to teach and provide meaningful information and lessons to Participants on licensure, criminal consequences, and other appropriate topics. G. Schedule and conduct all classes necessary for the program, which shall include but not be limited to development of curriculum, provision of appropriate materials, and provision of appropriate space/locations for the classes. H. Maintain and provide records to the City of eligible Participants, including payment of fees, records of attendance and successful completion or failure to attend the training session. 7. Program Operational Fees/Revenue: Participant Fees A. The fee for participation in the program will be payment of the Education Class Fee of $350.00, which is directly payable to Diversion Solutions by the Participant. B. Fee Division: For each Participant enrolled in the program, $100.00 of the Education Class Fee will be paid to City and $250.00 will be retained by Diversion Solutions. C. An additional fee of $20.00 will be assessed to a Participant who fails to appear at a designated education class and has to re-schedule. This fee will be assessed each time the Participant has to re-schedule. Rescheduling may occur up to three (3) times before referring the Participant to the City Attorney as failing to appear. All rescheduling fees shall be maintained by Diversion Solutions in full. D. Each participant reinstated into the program shall pay a $150 reinstatement fee. 8. Non-Compete – During the term of this agreement, the City shall not establish a competing program or any other similar program that addresses driver’s license diversions. 9. City has no Financial Liability - It is understood and agreed by and between the parties that Diversion Solutions will bear all financial liability for all aspects of its operations under this Agreement. 10. Termination of this Agreement: A. This Agreement may be terminated at any time, without cause, by either party upon 30 days written notice to the authorized agent of the City or Diversion Solutions. B. This Agreement may be immediately terminated by the City at any time if the City determines that Diversion Solutions is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law. 11. Amendments or Material Modifications - All amendments or modifications to this Agreement must be in writing and approved by both parties. 3 12. No City Obligation - Diversion Solutions and Participants who participate in this program fully understand that the Program is a public service, and the City is held harmless and has no liability to make recovery or obligation to take criminal action against Participant(s). 13. Criminal Action – Full cancellation of the citation which supported participation in the diversion program is not guaranteed until successful completion of the entire program. Diversion Solutions acknowledges, and will advise all Participants that, the Prosecuting City Attorney’s Office may reinstate the citation which brought the Participant(s) to the program if the Participant fails to participate or complete the program. 14. Hold Harmless and Indemnification: A. Diversion Solutions shall save and protect, hold harmless, indemnify and defend the City, its officers and employees against any and all claims, causes of action, suits, liabilities, losses, charges, damages or costs and expenses arising from, or allegedly arising from, or resulting directly or indirectly from any professional errors and omissions and/or negligent or willful acts or omissions of Diversion Solutions and its employees and agents, in the performance of this Agreement. 15. Independent Contractor: A. Nothing contained in this Agreement is intended to or shall be construed in any manner as creating or establishing the relationship of employer/employee between the parties. Diversion Solutions shall at all times remain an independent contractor with respect to the services to be provided under this agreement. B. The City shall be exempt from payment of all unemployment insurance, FICA, retirement, life and medical insurance, and workers' compensation insurance for any and all of Diversion Solutions emplo yees and agents. Payment of insurance premiums, tax withholding, and all other benefits are strictly Diversion Solutions’ responsibility. 16. Subcontractor - Diversion Solutions shall not subcontract any portion of the work to be performed under this Agreement without prior written approval of City. Diversion Solutions reserves the right to assign this agreement with written City approval. 17. Data Practices - Diversion Solutions agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. Diversion Solutions will immediately report to the department head signing this agreement any request from a third party for information relating to this agreement. The City agrees to promptly respond to inquiries from Diversion Solutions concerning data requests. DIVERSION SOLUTIONS agrees to hold the City, its officers and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. 18. Compliance with the Law - Diversion Solutions agrees to abide by the requirements and regulations of The Americans with Disabilities Act of 1990 (ADA), the Minnesota Human Rights Act (Minn. Stat. C.363), and Title VII of the Civil Rights Act of 1964. These laws deal with discrimination based on race, gender, disabilities, religion, and with sexual harassment. The City agrees to promptly supply all necessary clarifications. Violation of any of the above can lead to the termination of this Agreement. 4 19. Entire Agreement - This entire Agreement supersedes any and all other Agreements, either oral or written, between the parties hereto with respect to the subject matter hereof, and contains all of the Agreements between the parties with respect to said matter. Each party to this Agreement acknowledges that no representations, inducements, promises, or Agreements, oral or otherwise, have been made by either party which are not embodied herein, and that no other Agreements, statements, or promises not contained within this Agreement shall be valid or binding. All provisions contained within this Agreement shall be valid or binding. The laws of Minnesota and the United States of America shall govern all provisions within this Agreement. 20. Audits and Inspections - The City Attorney’s office or designated representative or other governmental agency exercising regulatory function over the City’s business activities, while exercising reasonable, non-disruptive procedures, may inspect Diversion Solutions records at any time. 21. Notice – Any notice to be given hereafter by either party to the other, shall be in writing and may be affected by personal delivery, or by registered mail, return receipt requested, addressed to the proper party, at the following addresses: 22. Insurance - Diversion Solutions and or its subcontractors agree to provide and maintain, at its own cost and at all times during its performance under this contract until completion of the work, such liability insurance coverage as is set forth below, and to otherwise comply with the provisions that follow: A. Workers’ Compensation: Workers’ Compensation insurance in compliance with all applicable statutes. B. Auto Insurance – Owned and unowned C. General Liability: “Commercial General Liability Insurance” (Insurance Service Office policy form title), or equivalent policy form, providing coverage on an “occurrence,” rather than on a claims made basis, the policy for which shall include, but not limited to, coverage for bodily injury, property damage, personal injury, contractual liability (applying to this contract), Independent Contractors, and Products-Completed Operations Liability. Coverage for explosions, collapse and underground hazards shall not be included. Such a policy shall name the City as an additional insured thereunder, and shall apply on a primary basis with respect to any similar insurance maintained by the City, which other insurance of the City, if any, shall apply in excess of Diversion Solutions insurance and not contributed therewith. Diversion Solutions agrees to maintain Products-Complete Operations coverage on a continuing basis for a period of at least two years after date of completion Such Commercial General Liability insurance policy shall provide a combined single limit in the amount of at least $2,000,000 (two million) Each Occurrence, applying to liability for bodily injury and property damage, and a combined single limit of at least the same amount applying to liability for Personal Injury and Advertising Injury. Such minimum limits may be satisfied by the limit afforded under Firm’s Commercial General Liability Insurance Policy, or by such Policy in combination with limits afforded by an Umbrella or Excess Liability Policy (or policies), provided that the coverage afforded under any such Umbrella or Excess Policy is at least in all material respects as broad as that afforded by the underlying Commercial Liability Policy, and further that the City is included as an additional insured thereunder. Rosemount City Attorney’s Office 999 Westview Drive, Suite 1 Hastings, MN 55033-2432 Attn: City Attorney Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Attn: Scott Adkisson 5 Such Commercial General Liability Policy and Umbrella or Excess Liability Policy (or policies) may provide aggregate limits for some or all of the coverage afforded thereunder, so long as such aggregated limits are not at any time during which such coverage is required to be maintained hereunder reduced to less than the required Each Occurrence limit stated above, and further, that the Umbrella or Excess Liability provides from the point that such aggregate limits in the underlying Commercial General Liability Policy become reduced or exhausted. An Umbrella or Excess Liability Policy which “drops down” to respond immediately over reduced underlying limits, or in place of exhausted underlying limits, but subject to a deductible or “retention” amount, shall be acceptable in this regard so long as such deductible or retention amount does not cause the firm total deductibles or retention for Each Occurrence to exceed $10,000. D. Professional Liability: Liability Insurance in the amount of at least $1,000,000 Each Occurrence (or “Wrongful Act” or equivalent) and if applicable, Aggregate, covering Diversion Solutions Liability for negligent acts, errors, or omissions in the performance of professional services in connection with this Agreement. Diversion Solutions Professional Liability Insurance may afford coverage on an occurrence basis or on a claims basis. It is, however, acknowledged and agreed by Diversion Solutions, that under claims-made coverage, changes in insurers or in insurance policy forms could result in the impairment of the liability insurance protection intended for the City hereunder. Diversion Solutions therefore agrees that it will not seek or voluntarily accept any such change in its Professional Liability Insurance coverage if such impairment of the protection for the City could result; and further, that it will exercise its right under any Extended Reporting Period (“tail coverage”) or similar claims-made policy option if necessary or appropriate to avoiding impairment of such protection. Diversion Solutions further agrees that it will, throughout the entire period of 2 years, keep required coverage and for an additional period of two (2) years following completion of this agreement, immediately: (a) advise the City of any intended or pending change in Professional Liability insurance or in policy forms, and provide the City with all pertinent information that the City may reasonably request to determine compliance with this paragraph; and (b) advise the City of any claims or threat of claims that might reasonably be expected to reduce the amount of such insurance remaining available for the protection of the City. IN WITNESS WHEREOF, the parties have executed the Agreement as of the date first written above. Diversion Solutions, LLC City of Rosemount By_________________________________ By ________________________________________ (Scott Adkisson – President) William Droste, Mayor By ________________________________________ Clarissa Hadler, City Clerk Driving Diversion Program | Diversion Solutions | 1 of 2 DRIVING DIVERSION PROGRAM OVERVIEW Driving Diversion Program (DDP) was developed to allow participants to drive legally while paying outstanding citations affecting their driver’s license. • This program is fully managed by Diversion Solutions at no cost to the city or county. • Participant must fulfill state designated requirements necessary to reinstate a participant’s driver’s license. • Breaks the cycle of repeat offenders who may owe thousands of dollars because they keep driving without a valid license, many times simply to get to work. WHAT IS DDP DDP is an accountability and learning program for participants. • Accountability – The diversion program will be in contact with participants on a monthly or bi-monthly basis until all requirements of the program have been completed (18 months). • Training – The participant must take part in the four hour Self Development Seminar which includes basic life skills, paper work required by state, etc. • Restitution – Offenders are required to pay full restitution on fines and fees as related to the revocation or suspension of participant’s drivers’ license. Diversion Solutions works directly with DVS. BENEFITS FOR YOUR OFFICE Reduces Recidivism Tracks Participants Reduces Court Case load Reduces Case load Generates income for cities, counties and state Participating Cities and Counties Arden Hills Bloomington Deephaven Duluth Faribault Grand Rapids Inver Grove Heights Isanti Lino Lakes Little Canada Loretto Maple Grove Maplewood Medina Minneapolis Morrison County North Oaks Plymouth Robbinsdale Rockford Shoreview South St. Paul Spring Lake Park St. Paul West St. Paul Continued on next page Driving Diversion Program | Diversion Solutions | 2 of 2 DRIVING DIVERSION PROGRAM MINIMUM PARTICIPANT REQUIREMENTS Approved by Department of Vehicle Services (DVS) Approved by Prosecuting Attorney Payment plans on fines and fees Participate in training Acquire and maintain insurance Must not have any major violations while in program PROGRAM INELIGIBILITY CVO “Criminal Vehicular Operation” Owing child support without payment plan Judgments – must be paid to enter program Fleeing an Officer Canceled IPS (inimical to public safety) 5th degree felony Theft of a motor vehicle DUI or DWI before hard revocation is finished BACKGROUND During the 2009 legislative session the “License Reinstatement Diversion Pilot Program” (Driving Diversion Program), was voted into session law on July 1, 2009. 2013 legislation extended our pilot until 2017. Five cities were chosen for this pilot: St. Paul, Duluth, West St. Paul, South St. Paul, and Inver Grove Heights. New Jurisdictions: Program became operational as of October 1, 2009. As of 12/31/2012 the program has paid off $1.4 million in fines and we are on tract to pay over $1,000,000 in 2013. The average participant has seven citations with an average balance of $1700. After managing 1000’s of participants in this program we still carry a very impressive rate of success!. Active (Good Standing) 53.3% Completed Program 14.4% Rice County Scott County Belle Plain Elko/New Market Jordan New Prague Prior Lake Savage Shakopee St. Louis County Steel County Owatonna Goodhue County Red Wing Zumbrota Pine Island Prairie Island Indian Community CONTACT Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Phone: 1-651-385-4341 Fax: 1-651-385-4343 Email: info@diversionsolutions.net