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HomeMy WebLinkAboutItem 06.oDate: February 06, 2017 Item No.________ AUTHORIZAION TO JOIN DIVERSION SOLUTIONS PROGRAM Proposed Action Staff recommends adoption of the following motion: Approve Lakeville Police Department joining Diversion Solutions Program Overview The Lakeville Police Department is seeking approval to join a “traffic violation” diversion program titled Diversion Solutions. The purpose of the program is to help people keep a valid driver’s license. A “merry-go-round” problem exists for people that are driving after their license has been cancelled, suspended, or revoked. Once this happens, people are often unable to get to work, transport kids, and get to medical appointments. Drivers will often take a chance and drive for the necessities. If the driver gets caught again, they receive another ticket, have their car towed, and have their license taken away for even longer. It tends to be a vicious circle. Diversion Solutions offers a class to those who drive without a license. The class teaches personal responsibility to the participants. Drivers only qualify if they are free of other crime and civil matters. If they owe child support, have a pending “fleeing police charge” or a variety of other crimes, they are not invited to attend. For each driver who does qualify and attends the class, the city will receive $100.00 of the registration fee. Currently, the city receives approximately $66.00 for each driver’s license violation. Each traffic stop for this type of violation costs the city roughly $100.00 - $200.00, which includes the administrative time, officer’s court time, prosecutor’s time and the D.C.C. charge. If a driver agrees to participate, the ticket is dismissed and they are allowed to get their license back, which avoids the “merry-go-round” spoken of earlier. The program will help us work together with drivers to ensure they drive with a license, instead continually driving without. Primary Issues to Consider • Diversion Solutions is the only diversion program approved by the State of Minnesota • The program is free of charge to join • The program will give us a better opportunity to recover the real costs of a traffic stop • Elliot, Knetsch, our City Prosecutor, recommends this program Supporting Information • DLR Brochure • Agreement – Signature Required Financial Impact: $0 Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Safety Throughout the Community; Good Value for Public Services Report Completed by: Jeff Long, Police Chief BF €g# SEFB=t+ el*3 siESq.,' S 6' E-' = o=S(Dtn g€ E as fiD z Fe-t oz? 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(D 5 n {q .E o o Il! 9!o 9. 9. o =-D-a o) ;i:,!r o, o=_f, c g, _u ==. =(D:: -t oo;q3o)of r!o .''tf j tn o>F 1l>>2a?mri(r{i,><u2-C ,.rr O L.'lnOadrrto>Vr- Z'.1 o {Irl\,, 7 !L o .E f o CF Fg FooElv, V) I F =.e, ?1 !'€ CD = =o =E'(= >-)cra =e> 6 =,ca) \ \: 9 Prn Zol !Efrn rn I =^x Izalr 6.1'! m.lBZlc*'l 7 o <> =,E' Cr) f> F I 1>4 7qZ a : Za .= 'a: --a =a ;3 ; n =.t d I f, o -' 6- o. a) € I 5' g 6' I ll / 6) o- -o ar'r\ \ \ 1 DRIVING DIVERSION PROGRAM SERVICES AGREEMENT FOR THE CITY OF LAKEVILLE 1. Contractual Agreement - This Agreement is made and entered into this ______________ day of _______________, 2017, by and between Campbell Knutson Law Firm P.A., Attorneys at law for the City of Lakeville, State of Minnesota, by and through its 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 contract will be valid until June 1, 2017. 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 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 City Attorney’s Office and the Police Departments shall implement departmental policies that are consistent with the fulfillment of the terms of this Agreement. 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. 2 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. Cities have 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 Cities or Diversion Solutions. B. This Agreement may be immediately terminated by the City Attorney at any time if the City Attorney 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. 12. No City Attorney Obligation - Diversion Solutions and Participants who participate in this program fully understand that the Program is a public service, and the City Attorney 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 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. 3 14. Hold Harmless and Indemnification: A. Diversion Solutions shall save and protect, hold harmless, indemnify and defend the Cities, 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 Cities 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 employees 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 Attorney. 17. Data Practice - 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 confidentially. 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 request. DIVERSION SOLUTIONS agrees to hold the Cities, 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), the City Civil Rights Ordinance (Ch. 139), 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. 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 Cities business activities, while exercising reasonable, non-disruptive procedures, may inspect Diversion Solutions records at any time. 4 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. 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. Lakeville City Attorney’s Office Campbell Knutson, PA 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Diversion Solutions, LLC 415 Main Street Red Wing, MN 55066 Attn: Scott Adkisson 5 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 Lakeville By_________________________________ By ________________________________________ (Scott Adkisson – President) (City Attorney) By:_______________________________________ (Mayor or City Administrator) By:_______________________________________ (Chief of Police) 6 CHAPTER 87--H.F.No. 387 An act relating to drivers' licenses; allowing counties to participate in driver's license reinstatement diversion pilot program; extending diversion pilot program; amending Laws 2009, chapter 59, article 3, section 4, as amended. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 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. Subdivision 1. Establishment. An eligible city or county may establish a license reinstatement diversion pilot program for holders of class D drivers' licenses who have been charged with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet entered a plea in the proceedings. An individual charged with driving after revocation under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797; 169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual who is a holder of a commercial driver's license or who has committed an offense in a commercial motor vehicle is ineligible for participation in the diversion pilot program. Subd. 2. Eligible cities and counties. Each of the cities of Duluth, St. Paul, South St. Paul, West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement diversion pilot program within its city. The commissioner of public safety may permit other cities and counties to establish license reinstatement diversion pilot programs within their cities respective jurisdictions. Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an eligible city or county may contract with a third party to create and administer the diversion program. Subd. 4. Diversion of individual. A prosecutor for a participating city or county may determine whether to accept an individual for diversion, and in doing so shall consider: (1) whether the individual has a record of driving without a valid license or other criminal record, or has previously participated in a diversion program; (2) the strength of the evidence against the individual, along with any mitigating factors; and (3) the apparent ability and willingness of the individual to participate in the diversion program and comply with its requirements. Subd. 5. Diversion driver's license. (a) Notwithstanding any law to the contrary, the commissioner of public safety may issue a diversion driver's license to a person who is a participant in a pilot program for diversion, following receipt of an application and 7 payment of: (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by a participant whose driver's license has been suspended; (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, paragraph (a), by a participant whose driver's license has been revoked under Minnesota Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2, paragraph (a), by a participant whose driver's license has been revoked under Minnesota Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also must be paid during the course of, and as a condition of, the diversion program. The diversion driver's license may bear restrictions imposed by the commissioner suitable to the licensee's driving ability or other restrictions applicable to the licensee as the commissioner may determine to be appropriate to assure the safe operation of a motor vehicle by the licensee. (b) Payments by participants in the diversion program of the reinstatement fee and surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be applied first toward payment of the reinstatement fee, and after the reinstatement fee has been fully paid, toward payment of the surcharge. Each payment that is applied toward the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29, subdivision 2 , paragraph (b), and each payment that is applied toward the surcharge must be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs (c) and (d). After the reinstatement fee and surcharge are satisfied, the participant must pay the program participation fee. Subd. 6. Components of program. (a) At a minimum, the diversion program must require individuals to: (1) successfully attend and complete, at the individual's expense, educational classes that provide, among other things, information on drivers' licensure; (2) pay, according to a schedule approved by the prosecutor, all those required fees, fines, and charges that affect the individual's driver's license status, including applicable statutory license reinstatement fees and costs of participation in the program; (3) comply with all traffic laws; and (4) demonstrate compliance with vehicle 8 insurance requirements. (b) An individual who is accepted into the pilot program is eligible to apply for a diversion driver's license. Subd. 7. Termination of participation in diversion program. (a) An individual's participation in the diversion program may terminate when: (1) during participation in the program, the individual is guilty of a moving traffic violation or failure to provide vehicle insurance; (2) the third-party administrator of the diversion program informs the court and the commissioner of public safety that the individual is no longer satisfying the conditions of the diversion; or (3) the third-party administrator informs the court, the prosecutor, and the commissioner of public safety that the individual has met all conditions of the diversion program, including, at a minimum, satisfactory fulfillment of the components in subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline to prosecute. (b) Upon termination of an individual's participation in the diversion program, the commissioner shall cancel the individual's diversion driver's license. (c) The original charge against the individual of violation of Minnesota Statutes, section 171.24, may be reinstated against an individual whose participation in the diversion program terminates under paragraph (a), clause (1) or (2). (d) The commissioner shall reinstate the driver's license of an individual whose participation in the diversion program terminates under paragraph (a), clause (3). Subd. 8. Report. (a) By February 1, 2011 2013, the commissioner of public safety and each eligible city and county that participates in the diversion program shall report to the legislative committees with jurisdiction over transportation and the judiciary concerning the results of the program. The report must be made electronically and available in print only upon request. The report must include, without limitation, the effect of the program on: (1) recidivism rates for participants in the diversion pilot program; (2) the number of unlicensed drivers who continue to drive in violation of Minnesota Statutes, section 171.24; (3) (2) payment of the fees and fines collected in the diversion pilot program to cities, counties, and the state; (4) (3) educational support provided to participants in the diversion pilot program; and (5) (4) the total number of participants in the diversion pilot program and the number of participants who have terminated from the pilot program under subdivision 7, paragraph (a), clauses (1) to (3). (b) The report must include recommendations regarding the future of the program and any necessary legislative changes. Subd. 9. Sunset. A city or county participating in this pilot program may accept an 9 individual for diversion into the pilot program until June 30, 2011 2013. The third party administering the diversion program may collect and disburse fees collected pursuant to subdivision 6, paragraph (a), clause (2), through December 31, 2012 2014, at which time the pilot program under this section expires. EFFECTIVE DATE.This section is effective the day following final enactment. Presented to the governor May 24, 2011 Signed by the governor May 27, 2011, 10:28 a.m. Pilot extended in Omnibus Bill until June 1, 2017