Loading...
05-177Council File # 5' �� Greep Sheet # 3025185 Presented By: Referred To: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RE50LUTION � SAINT PAUL, MINNESOTA Committee:Date: ZU BE IT RESOLVED, that the Saint Paul City Council authorizes the City of Saint Paul, Police Department, to euter into the attached agreement with the State of Minnesota, Second Judicial District, which includes an indemnification clause. A copy of said agreement is to be kept on file and on record in the Office of Financial Services. Requested by Department of: Hanis ✓ � Thune � Adopted by Council: Date: ���� o , Adoption Certified by Council Secretary: B Appr C b CI�' I: by Financial Services � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � �nt _��^► -- DepartmenVOfficefcouncil: Date Initiated: V '� � � � Po -po����,�,e�t 09-FEB-05 Green Sheet NO: 3025185 Contact Person & Phone: Deoarhnent Sent To Person Initial/Date Chief John Harringtop � 0 lice De artm n Police D artment . 266-5585 Assign 1 oliceDe artmrn[ De arimeotDirector ` Must Be on Council Agenda by (Date): Number 2 � Atrorae i ttome L� For ,_ Ro ��� 9 3 a or's OSice Ma or/ASSistant Order 4 uncil i Council sn. �^� 5 i Clerk Ci CI¢rk '� 6 oli De artmeo P Iice De artm nt � Total # of Signature Pages _(Clip AII Locations for Signature) � AcGOn Requested: Signature requested on the attached counci] resolution authorizing the City of Saint Paul, Police Depamnent, to enter into the attached ,';;. agreement with the State of Minnesota. Recammendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this department? CIB Committee' Yes No . Civil Serviee Commission 2. Has this person/firm ever been a city employee? ° Yes No 3. Does this personffirm possess a skill not normally possessed by any 'r current city employee? ; r Yes No � Explain all yes answers on separate sheet and attach to green sheet ' Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): ," " Provide services to State of Minnesota, Second Judicial Court, for participants of the Second Judicial District DWI Court progam. "' (Attached is a'copy of the Second Judicial District Court DWI program gant). Advantages IfApproved: Parh�ership with Second Judicial Court to provide support and accountability to participants of the Second Judicial District DWI Court program. This program will enhance public safety by holding repeat DWI Offenders accountable. Disadvantapes If Approved: , , None. , , . ,' � � � ._..._ +�, _ � - . �r DisadvanWges If Not Approved: � � �, 'y , ; ', „ tnability to assist participants of the Second Judicial District D WI Court program. �`` . ,� ,.,.� �—�-- �'• t �°�•,; y 3 .� : � a �'� r . . Total Amount of Transaction: 18720 CosURevenueBudgeted: . Funainq source: State of Minnesota Activitv Number: 436-34093 �.��:���k!�� Financial Information: n �irt^ �`"" �eXpia��> ����a rb�s� FEB� 1 $ 2�05 �� � �€a � � zao�� �,-�������� ������;� ; CONIRACTFORSERVIGES(nontechnologyrelated) ' T`—,�� U+ TFIIS CONIAACT, and amendments and supplemrnts thereto, is between State of Minnesota, acting t&ough its Second Sudicial Disa'ict, address t5 W- KeIlogg Blvd., St Pau7, Mti SSIO2 (heteinafter "STA'fE") and th�y of cr P 1 Pnlire n.r,amnmr an independenT contractor, not ari empioyee of ihe S�atr of Mumesota, address 1 S w u n�QO ztt.,n �?a_i, D.tN ssl m(hereinafter "CONCRt+CTOR'�, WESEREAS, the STATE, puisuant to Minnesofa Siawies (2W3) 4&1.68, subdivision 3(b), is empowered to mariage the aMtimstlarive affairs of the disffict coiat, and �VF�AEAS, Slie STATE desires w pro�ide support services and to insure pazticipants ace cot�lying wi$� DWI Court tules but lacks sufficie�[ siaff, and WfiEREAS, CON7RACTOR represerts tt�at it is duly qualified and willing to p�fottn the services set forth herein. NOW, THEREFORE, it is aaeed: DiJTIF.S. CONIRACTOR who is not a STpTE employee, shall provtde accounlabiliTy and support sernces for participanis of ihe Second Judicial Dis4ict DW7 COUtt pmjeCt undel' $ie d1TeCHDn Of the 7naiCial DlsinCt AdTNniStratOi. r _ .� �R\ h z .p �(h (`(1NTR A('T(1R chall nrrfn.m tha. fnllnwino fi�ncrinn< 1. Randomly visit participants in the DWI Court pro�am at home and at work (if appropriate) to provide support and accountabiliTy to this population 2. Randomly conduct breath tests fa alcohol or other drvgs an participants in the pmgcam during homelwork visitr 3. Pro�ide infoimation to the panc�ipants about useful resources in the communiTy 4. Provide infmmaAOn to the DWI court team about candidates for the proe'am and the progress of partic�pznTS in the program Q. CONSIDERATION AND TERMS OF PAYMENT. A. Considerafion for all seavices perfomied and goods or materiats supplied by CONIRACTOR pulsuant to this contract sUall be paid by the STATE es foliows: Compeqsation: th'm, �Q� rintla+c �rr hn r. CONTAACTOR siiall not be reimb�ised for havel and subs�stence expenses mcuised in the performance of this conhact. The toql obligation of the STATE for a71 compensahon and reimbursements [o CONIRACTOR shall not exceed Qhr rh , a„�7 <�,� i» .,�i+w�i nuen4• �1 (�L4,72[1). B. Terms oP Payment Payments shall be made by H�e STATE promptly after CONTRACTOR'S presrntafion of invomes for services performed and acceptance of such secvices by the STA1'E'S authoazed agent pursuant to Secfion VI. Invoices shall be submitted in a form prescnbed by the S'CATE and accordmg to the following schedule: 1. MonthSy upon presenlaCOn pf invoices itemi2ing the cosCS. 2. CON'IRACTOR shall be en[itled to payment, detemimed on a pro rab basis, for sernces sahsfac[arily performed. III. TL`4E REQI3llLEMENTS. CON'CRACTOR shall compiy with ali of the time requirements descnbed m this contract N. CONDITIONS OF YAYMENT. All services provided by WNTRACTOR puxsuant So this contract shall be pecformed ro the satisfacfion of the STATE, u detemtined at the sote &scretion of its au[hoc'iied representaNve, and m accord vrith the CON'IRACTOR'S duties set forth in section I of this contract and all appltcable federal, state, and local laws, ordinances, rules and regularions. CONTRACPOR shall noi receive payment for work found by the STATE to be unsalisfactory, orpertomied in no]ahon o{fedenl, sTate or local law, ordinancx, rute or regulation. V. TERMS OF CON1'AACT. 'Ilus contract shall be effective on t=nna rl. and shall remain in effect until ���+R' ?L, ��� rn' until all obligavons set forth in this conirzct have been satisfactorily fulfitled, whichever occuis first CQNTRACTOR i1NDERSTANDS THAT NO WORK SHOi7LD BEGIN UNDEIL THIS CONTRACT UN1'II. ALL REQUA2ED SIGNATURES HAVE BEEN OBT.4INED, AIQD 'IIIE STATE'S Ai7'I'IIORiZ,ED REPRESENTATNE NOTIFIES C07i'I'RACI'OR TO BEGIN WORK VI. CANCELLATION. A. This contract may be cancelled by the STATE at any dme, with or a�thout cause, upon [hirty (30) 8ays' writ[en no4ce to [he other party. In the evrnt �. 3���pq Pagc 1 ofb SGO/MssterCOnvattFOrtn(r�o�-tecMOlogyrela:ed) �'�� of such a cancellallon, CON'RiACTOR shall be enbded W paymrnt, detecrzuned on apTO rnmbasis, for work or services salisfactorily perfom�ed. B. The STATE may itmnediately cancel8vs conhact if it dces not obtain fimding from the Minnesota I.egulature, or otk�c' fimd'mg source; or if fimding cannot be continued at a level sufficient tn allow for the payment of ihe se�vices covaed hece. Cancellation must be by writte� or facsimile vansntis5ion notice ta CONTAACTOR The STA1`E is not obligited to pay for any services 7hat are provided after notice and effective date of terzrrinalion. However, COIVTRACTORwi11 be wtitted to paymecty de?ettmned on a pro rzta basic, for services satisfactorily perforsned to tlie �tent that fimds are availabie. The STA1'E wi11 not be assessed any penalty if the contract is cancelied because of a decision of the Minnesoh I.egislawre, or ott�er funding source, not to appropriate tunds. The STATE must provide CONTRACTQR notice of tiie lack of funding within a reasonable time of the Sl'AT'E'S receiving tf�a4 notice. VII. STATE'S AU'S'fiORIZED REPRESENTATNE. The STATE'S Authorized Represrntative for the purposes of administralion of tf�is contract is * a*^� ��P S A t�i" � 1 i� rnin A.7 '; i+-.+r�,r Sucfi representative shail ttave final zuthority for accepiv�ce of CONTRACTOR'S services znd if such services aze accepted as salisfactory, shall so certi£y on each invoice submitted puisuant to Section II(6). VIlI ASSIGNMENT. CONTRACTOR s}iall neither assi� nar transfer any rights or obligabons undec this connactvriffiout the prior wriuen consent of the STATE. IX. AMENDMENTS. Any amendments to this contract shall be in wnting and shall be �ecuted by the same parties who exec�ted the otiginal conhzc(, or ttieir successors m office. X. LL4BII,TTY. CON'I'RACTOR shaIl indenmify, save, and hold ttie STATE, its representatives and employees hazm[ess finm any and all clazms or causes of acaoq including all attomeys fees incurted by the STA7"E, arismg from the performance of this con4act by CON7RACTOR or CONTRACTOR'S agenrs or employees This dause shail not be construed [o baz any legal remedies CONIRACTOR may have for the STATE'S faitu{e W fulfill its obligafions parsuant to this conh'act HI. STATE AUDTTS. The books, records, documents, and accounling procedures and pracrices of the CONTRACTOR relevant to [his contract shall be subject to e�mination by the conhacting department and the Legislative Auditor for a minimum period of six years from the terminauon of flils con4aci. Recorbs Sha17 be sufficient to reflect all costs incurred in perfottnance of this Contract XII. CONFIDENTIAI.TI'Y, DISCLOSUR� A.ND USE. CONTRACTOR shall not disclase to any third pazry any infartnaaon that is both� (A) made available by the STATE or iis agents to CONTRACTOK in order to peanit CONCRACTOR to perfo�rn hereunde[ or is created, gathered, genemted or acquired in accoNance with this contract; and (B) inaccess�ble to the public pursuant to the Rules of Public Access [o Records of the Judicial Branch promulgated by the Minnesota Supreme Court, as the same may be amended from hme to time. If the CONTRACTORreceives arequest to release the infocmahon referted to in this Clause, the CONTRACTOR must immediately noufy the STATE. The STATE will give [he CONTRACTOR insttuctions conceming ihe release oF [he information to the requesdng party before the information is released. }�I. RIGHTS IN AND TO INFOTtMATION, INVEN'C10NS� AND MATERIAI.S. A. The STATE shall own aii nghts, ktle and interest in all of the rttaterials conceived or created by d�e CON7RACTOR, or �FS empioyees cn subcontractors either individually or joinily with others and which arise out of Yhe perfozmance of Ihis contract, including any report, study, computer sofcware, database, model, invention, photog�aph, negative, audio or video recording, or other item or documents (hereafter "MATERIA7-S"). CONIRACTOR hereby assigns to the STATE a71 rights, t�fle and'mterest to the MATERiALS. CONTRACTOR stfalt, upon request of the STATE, execute atl papecs and paform all other acts necessary to assisC the S'LATE to obhin and register copyrighis, patents or other forsns of protection provided by law for the MATERIALS. The MA7'ERIALS created by CONTRACTOR, its emp7oyees or subcontractors, individually or jornUy with others shall be considered "works made for hire" u defined by the United States Copyright Act. CONIRACTOR shall remrt aIl of the MA1'ERIALS to the STATE upon completian, tertnination or canceilatlon of this contract. CONTRACTOR, its empioyeeS and subcontracio�s shall not copy, reproduce, a31ow or cause to have the MATERIALS eopieA or reproduced or used for any purpose other thazi ffie perfoanattce of the CONTRA.CTQR'S obligations under this con4'act w�thout the wntten pemvssion of the STATE'S authonzed represen[abve. Nothing in this Art3cle shali be construed to limit the CONTRACTOR'S obligatio� to comp}y vrith tUticle XI of this contract. B. COMRACTOR represents and wasants that MATERIAIS produced or used under this contract do not and wi➢ not infiinge upon any intelSecNal property righfs of another, incl�ding buI not hssuted to paten+s, copyrights, hade secrets> hade names, and service mazks and names. Without limiling sect�o� X, CONTRA.CTOR shall mdemmify and defend the STAZ'E at CONTRACTOR'S expense from any action or claim brought against the STATE to the extent $tat it is based on a claim that al] or part of the MATERIALS Snfringe upon the intellecNal pmperty rigMs of another. �, 3���py Page2of6 SCA01MastcContrnc[Form(non-tecMologyrdazed) 05-177 CON'[RACTOR sttall be responsible for payment of any and a➢ such claims, demands, obligations, liabili6es, cost5, and damages, Sncluding but not Iimi[ed W, reasonable attomey fces arising out of this contracY, aznendments and supplemems tT�ereto, which are attr.butable to such c}aims ar actions. lf such a claim or action arises, or in CON'i'RACTOR'S or the STATE'S opinion is likely w arise, CONTAACTOR shall, at the STAT'E'S disc�etion, either procure for the STATE the right or license !0 continue using the MATERIAI.S at issue or replace or modify the allegedly infrine ng MA"IERINS. This remedy shall be in addition to and shall notbe esclusrve to other remedies provided by law. XN- AFFIRMATIVEACISON. A Covered ContraMS and Contractors. If this contract emeeds SI00,000 and CONTRACTOR employed more fian 40 fu17-bme empioyees on a single worMng day during the previous twetve months in Minnesota or in the s+ate where it hu izs principle place of business, [hen CONTRACTOR must comply with the requuemenis of Mnn. StaL § 363.073 and Minn. R. Parts 50003400-5000.3b00. A wntracior covered by Minn. Stat. § 363.073 becauu it employed more than 40 full-6me employees in another state tNat does not have a certificate of compliance must certify that it is in compliance with federnl �rmative action reqmrements. B. Minn. Stat § 363.073. Minn. Stat. § 363.073 requires the contractor to bave an a�rmadve action plan for the employment of minoriTy persons, women, a»d qualified disabled individua(s approved by the Minnesoffi Commissioner of Human Righ*s ("Commissiottec") as indicated by a ceRi£cate of compliance. The Iaw addtesses suspensron or revocadon of a certificate of compliance and contract consequences 9n that evrnt. A contract awarded without a certificate of cAmpliance may be voided. C. Mmn. R Pazis 50003400-50003600 provide: General. Minn. R Pazts 5000 3400-5000.3600 implemen[ Msnn. Staz. § 363.073. These rvles include, but are not limited to, criteria for Contents, approval, and implementation of affim,ative achon plans; procedures for issuing certificates of comp7�ance and criteria for detemiining a contractor's compliance status; procedures for addressing deficiencies, sanctions, and �wnce and hearing; annual compliance reports; procedures for compliance review; and contract consequences for non-compliance. The specific criteria for approval or re�ecUOn of an affmrntive action p3an aze contained in various provissons of Mmn. R Parts 50003400-50003600 including, but not limited to, parts 50003420-50003500 and 50003552-5000 3559. 2. Disabled Workers. The conffactor must comply with the following affirma5ve acrion requirements for disabled workers: The contractor must not discnminate against any employee or applicant for employment because Of physical or mrntal disability m regazd to any posifion for which the errtployee or app3icant £or employment is qualified. The contractor agrees W take �rmative ac[ion to employ, advance in employment, and othetwise heat qualified disabled persons wi[hout discritttination based upon their physical or mental disability in a71 emp3oyment practices such as the follrnving: employment, upgrading, demotion or transfer, recru�hnent, advertising, ]ayoff or termination, rates of pay or other fom�c of compensation, and seSection for training, including apprenhceship. b. The contrnctor agrees to compiy witt� [I�e rules and relevant orders of the Minnesota Departrnent of Human Righu issved pursuant W the Mumesota Human Rights Act. c. In the event of the contractor's noncomptiance with the requiremrnts of this clause, acrions for noncompliance may be taken in accordance with Minn. Stat. § 363.073, and the rutes and relevan[ orders of the Mmnesota DepazVnent of Human Rights issued pursuant W the Minneso+a Human Rights Act, d. The contnctor agrees to post in wnspicuous places, available to emptoyees and applicants for emptoyment, notices in a form to be prescnbed by the commissioner of the Minnesota Deparhneni of Human Righ[s. Such notices must state the contcactor's obligarion under the 1aw to take affirmafive achon tq employ and advance in employment qualified disabled employees and applicants for employment, and the righu of applicanfs and employees. e. The contractor must nonfy each labor union or representative of workers with which it has a colleCfive bargaining aereemeni or other cOntract understanding, tttat the contractor is bound by the terms of Minn. Sfat. § 3fi3.073, of the Minnesota Human Rights Act and is committed to take affirmafive acUOn to employ and advance in employment physically and mrntally disabted persons. Aev 3/16/O4 Page3of6 SCAO/MastaConuattFoem(nomlecfinotogyrclared) OS-!7� D. Consequences. The consequences for a wntractor's faiture To implement its afficmative acfion plan or make a good faith effoct to do so include, but are not ]imited to, suspen5ion or revocation of a certificate of compiiance by the Commissioner, refusal by the Cortmrissioner to approve subsequec�t plans, and terminadon of all or par[ of this conaac[ 6y the CommiSSioner or the S"CATE. E. Certificatiun. CONTRACTOR here6y certifies thai it is in compliance wiih the requiremeptr of Minn. Sfat. § i63.093 and Minn. R. Parts i0003400-50003600 and i5 aware of the consequences for non-compSiance. XIV. WORXERS' COMPEI3SATION. In accordance with the provisions ot Minnesota Statutes, SecUOn 176.182, as enacted, the CONiRACTOR shall provide acceptable evidence of wmpliance with the workers' compensation insurence covernge requ"vement of Mirmesota Sfatutes, Sution 176.181, subdivision 2, as enaGed, prior to commrncement of any duties to beperfommd under this contract X�'. ANTITRUST. CON"I'RACTOA hereby assigv5 to fhe Stace of Minnesota any and al] claims far ovezchazges az W goods andlor services provided in cqnnection vnth this contrect resulting from anti Wst violations which arise under [he anlitrust laws of the United States and the antiWSt )aws of The State ofMinnesota. XVI. 01'fTER PROVISIONS. A. Warranties. Originai Works. In per£omring its obliga[ions hereunder, CONTRACTOR wilt not use or mcorpomte any trade secret informalion or copyrighted works of authorship of CONTRACTOR or of any third party, and except for components already in the public domain, al] software, documentation, infomtation and ott�er matenats provided or fumished by CONTRACTOR in pcxfom�ing the duties under this contract will be original and will not violate or infringe upon the nghts of any [hird party. Professional Services. CONTRACTOR represents and wartantr to [he STA1'E that it has the proper traimng skill and background so u to be able to perfoim all services reqmred of CONTRACTOR pursuanl To tfis contract in a competrnt and pmfesswnal mannec, and a11 5uch work shalt be of professional quaUry. 3. Mutual Representations and Warranties. CONIRACTOR and the STATE each represent and wartant to the o[her that: a) �t hu the &ll right, power and authority to enter inW this contract and to petfotm fully all of its obligalions hereunder; b) it is free of any obligalion or restriction that would prevrnt it from entering into this contract or from perForming fu➢y any of its obligations hereunder; and c) it has not entered into and �ntl not enter intq any conhact which would impede the full perfoanance of its obtigations hereunder or would in any way lireut or restrict the rights of the other under tflis contract B. Patent and Copyright Indemnity. Witho�t limifing section X, CONTRAC'IOR shall indemnify the STAI'E and ho7d it hazmless aeainst az�y ciaim [hat the work perfortned or material provided hereunder mfringes or violates the patent, copyright, or trade secret rights of any third pariy. CONI"RACTOR shall pay any and all resulting costs, expenses (including attomey's fees), damage5 andJor iialniihes associated with or resulnng from any such claim. C. Injunctive RelieE W�thout limiting secfion X, CONTRACTOR aclmowledges that the STATE will be rrreparably harmed if CONTRACTOR'S obiigat�ons under sechons XII, XIII, and XVII.B. of this contract are noS spec�fically enfoxced and thal the STATE would not have an adequate _ remedy at law in the event of an actual or threatened vtola6on by CONIRACTOR of i[s obliganons. Therefore, CONIRACTOR agrees that the STATE shall be enfitled to an injunction or any appropriate deaee of specific perfomtance for any acNal or threatened viotafion or breach by CONTRACTDA without the necess�ty of [he STATE showing actua7 damages or that moneiary damages would not afford an adequa[e remedy. CONTRACTOK shall be Iiable to the STATE for reasonable attomey's fees incurced by the STATE in obraining any relief pursuan[ to thu section. D. Relationship of the Parties. CONIRACTOR is an independent contractor and shall not be deemed for any purpose to be an emptoyee of the STATE. CONTRACTOR understands and agrees that the STATE �s not withholding any taxes fram the fees paid to CONiRACTOR pursuant to this contract and that CON'I'RACTOR is soteiy responsible for any taxes and othtt amounts to be paid as a result of the fees paid to CONIRACTOR pursuant to this conRact. Neither CONTRACTOR nor the STATE shal7 have the right nor the authonry to usume, create or incur any liability or obligation o£ any kmd, �press or implied, against or in the name of or on bet�alf of the.other. Rav. 3/I6/O4 Page 4 ofb SCAO/ Mases Conmact Form (non-achwiogy relazed) o5-r?� E. Consent to Release ot Certain Data. Under Mmn. Siat § 270.66 and other applicable law, CONIRACTOR consenTS to disclosure of its social security number, fedeml employer tan idemiScaUOn mlmber, and/or Mmnesota tax idenrification number, already provided to rhe STA7'E, to fedeat and state taz agencies and siate personnel involved in the payment of state obligations. TheSe idenuficalion numbers may be used in the enforcnnent of federal and state t� laws which could msult in aclion requiring COISIRAC70R to file 5rate ta� renuns mid pay delinquem state TaY liabiiilies, if any. F. Pubficity. My publicity regarding the subject matter of this conuact must identify the SI'ATE as the sponsoring agrncy and must not be releued wi[hout ihe pri0r written approval from ihe STAT'E'S AutUorized Representative. For purposes of this provi5ion, publicity inciudu notices, informational pamphlets, press releases, research, repmts, signs, and similaz pubtic norices prepazed by or for CONTRACTOR individually orjoin[ly with others, or any subcontractors, with respect to the progam, publicapons, or serrices pro�ideA resulUng from this contract Notwithstanding anything in this conTract�to the conhzry, either party may disclose to ffie public the existence of this contmct, ihe pariies to the contraCt, and the matenal tertns of the contract including price, projected tmn, and scope of work. G. Endorsement CONIRACTOR must no[ ciaim that the STATE endorses i[s products or services. FL Nolices. Any wntien nolice hereunder shall 6e deemed to ttave been received when: (A) personally delivered; (B) sent by confirmed facsimile tranmtission or telegram; (C� srn[ by cotmnercial o�emight courier with written verification of receipt, or (D) seventy-two (72) hoiss after it has been deposited in the United States mail, £trst class, proper postage prepazd, addressed to the party tu whom it is intended at: (i) the addcess first set forth herein, if to CONIRACTOR; (2) at the address fiist set forth herein, if to the STAT'E, with a wpy to L.ega] Counsel Drvision, 145 Minnesota Jud�cial Center, 25 Reo. Mamn Luihec King, Jr. Bivd, St. Paul, MN S515S; or (3) at such othec address of which written notice has been given in accordance herevnth. Non-Exclusivity. This coniract shall not preclude CONTRACTOR from developing matenats outside this contract that are competifive, iireespechve of [heir simi]ariTy [o materials deiivered W t}ie STA1'E under this conVact; provided, however, that s�ch ma[erials prepared by CONTRACTOR shall not vio7ate the nondisclosure and inteilectual properiy pro�isions of this cOntract Nothing m this contract shall be cons¢ued as prectuding or limi[ing �n any way the right of CONTRAC'TOA to provide services of any kind to any person or enliiy as CONIRACTOR in its sole d�scretion deems appropriate. Misce\4aneous. l. The provisions of sections VII, X, XI, XII, XIA, XVI, and XVII shall survive any cancellapon or tenninarion of thss contract. 2. The failure by either Party at any time to enfotce any of the pTwisions of this contract or any rigM m remedy available hereunder or at law or in equiry, or [o exercise any opHon herein provided, shall not constiNte a waiver of such pronsion, right, remedy or opGOn or in any way affect the vaiidity of this contract. The waiver of any default by either PaYry shall not be deemed a conhnuing warver, but shalt apply soiely ro the insrance w which such waiver is directed. 3. This wnKact shall in all respects be govemed by and interpreted, consWed and enforced m accordance with the laws of the United States of America and of the State of A4innesota, without regazd to Minnesota's choice of law provisions Any aclion arising oUt of or rela6ng to this contract, its perfoanance, enforcement or breach witl be vrnued in a state or federnt court situated vrifhin the SiaCe of Mrnnesota. CONTRACTOA hereby irrevocably consents and submits itself [o the personal jurisdiction of said courts for trtat PuTPOSe. 4. Every provision of this contract sttail be construed, to the extent possibie, so as to be valid and enforceable. If any prov�sion of this coniract so conshveA is held by a court of competent jurisdic5on to be mvalid, illegat or otherwise unenforceable, such provision shall be deemed severed from this contract, an8 al] o8�er provisions shal7 remain in full foree and efFect. 5. This contract sets forth the rnlire agreement and understanding between the Pariies regardmg the subjeci matter hereof and supersedes any prior representations, statements, proposals, negoharions, discussions, understandings, or agreements regarding the same subject matter, prov�ded that all terms and wnditions of all preexishng conh'acts or agreements between [he parties shail concinue in full force and effect except u supplemented or modified by tfis contcact. In Ihe event of any inconsistency or conflict between the temus of this contract and any other agreement between the parties, the te�ms of this contract shall govem. Rc 3/16/Od PageSOf6 SCAO/MastoCOnttx[Form(non-technobgyrelaze� , . os-�a7 1N WITNHSS WHEREOF, the parees have caused this contract to be duly executed tntending to be bound thereby. 7. CONTRACTOR 2.STATE: CONTRACTOR cechFes that the appropciate persons have executed Person si�ing cerri5es that applicable procurement policies have been ihe contract on behalf of CONIRAC7'OR followed. Where contract and amendmrnts acceed $50,000, signawre of asrequiredbyapplicablearticles,by-laws,ruolutionsorordinances. StateCourtAdmumis4atororherPoisDeputyisalsorequired. (If a cocpowaon with more than one individuat secving as wsporate o�cer, two corporate officers must execuu) _ j By Title Date ay Titde Date (reserved) (reserved) By Title Date By Tirte Date 3 Fundshave By Titte Date ConEracf No. 4. Approved as to By TiNe Date Finance e�cu[ion £or STA1'E by: Rev 3/INO4 Page 6 of 6 SCAO/Maz[cr Cono-ac� Fortn (�on-tcGmolo�rclazrd) o5-r77 STATE O� NIINNESOTA INTER/INTRA-AGENCY GRANT' CONTRACT This grant coniract is between the State of Minnesota, acting through its Gommissioner of Public Safetv. Office of 7ustice Proa�ams, 444 Cedar Street Suite 100. St. Paul. MN 55101-S1Q0 ("07P") and Minnesota Supreme Court, Second Judicial Distriet. 1500 West Kelloga Boulevard 1700 Courthouse St Paul Minnesota. 55102 1700 ("Grantee").. Recitals 1 Under Minn. Stat. § S 4.075 and 299A.01. Shbd�41 the OJP is empowered to enter into this g[ant contract. 2 The Grantee represents that it is duly qualified and agzees to perform all services described in this grant contract to the satisfaction ofthe OJP. 3 Federal funds for tlus gtant contract are provided from the Omnibus Crime Control and Safe Streets Act of 1968, as amended, for the purpose of enhancing and improving the efficiency and effectiveness of the criminal justice system • and from the U. S. DeQar�ient of Transportation's State and Community Highway Safety Progtam for pmjeet number OS-03-15. 4 The OJP is in need of a project that will implement inclusion of substance abuse issues when working with defendants of impaired driving offenses. Grant Contract 1 Term of Grant Contract 1.1 Effective date. November 1. 2004, or the date the OJP obtains all required signatutes under Minnesota Statutes Section 16C.05, subdivision 2, wluchever is later. Once this grant conYract is fully executed, the Grantee may claim reimbursement for expendihues incurred pursuant to Clause 4.2 of this grant contract. Reimbursements wiil only be made for those expenditures made according to the terms of this grant contract. 1.2 Expiration datz October 31. 2005, or unril all obligations have been satisfactorily fuifilled, wluchever occws fust. 13 Survival of Terms. The following ciauses survive the expiration or cancellation of this graut contract: 8. Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Pmperty; and 11. Publicity and Endorsement. 2 Grantee's Duties 2.1 The Grantee will perform all of the duries and tasks specified in the Grantee's grant application for ttris program, which is on &le with the OJP and located at 444 Cedar Street, Suite 100, St. Paul, Minnesota. 2.2 The Grautee will submit written reQorts to the 07P on a quarterly basis. Other requirements, if necessary and agreed to by both pazties to t3ris grant contract, will be given to the Grantee in writing by the OJP's Authorized Representative after consultation with the Office of TraffiC Safety (OTS). " 23 The Grautee will compile a final report including a detaded evaluation of each objective outlined in Grautee's gant application rePerenced in Sec6on 2.1. The Grautee will reQort on lessons learned from implementing the program and successes of the pro,}ect. 3 Time The Grantee must comply with all the time requirements deseribed in this grant coutract. In the performance of this grant coniract, time is of the essence. 4 Considerafion and Payment 4.1 Consideration. The OJP will pay for all services performed by the Grantee under Uus grant contract as follows: (1) Compensation. The Grantee will be reimbursed an amount not to exceed �174,�59.00, according to the breakdown of costs contained in E�ibit A, which is attached and incorporated into this grant conuact. The Grantee will submit a revised budget for any deviation of at least 10% or $200.00, whichever is geater, between approved budget lines in E�chibit A and the revised budget must be approved by the OJI"s Authorized Representative after consultarion with OTS before any �penditures can be made based on the revised budget. (2) Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incwred by the Grantee as a result of this grant contract will be paid in the same maimer and in no geater amount than Bymemre�g�oy �io�oa) OIP Grent Number 2005-DC�CT-00286 os-��z {3) (4) provided in the cunent "Commissioner's Plan" promulgated by the commissioner of Employee Relations which is incorporated into tbis grant contract by reference. The Grantee will not be reimbuised for travel and subsistence expeases incurred outside Minnesota unless it has received the OJP's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of s5ate. Matching Requirements. (If Applicable.) Grantee certifies rhat the following matching requirement, for the grant contract, will be met by the Grantee: $59.650.00: Total Obligation. The total obligation of the OJP for all compensation and reimbu�ecnents to the Grantee under this grant contract will not exceed $174 759.00; based on the following breakdown of $100.000.00 from Novemba 1, 2004 through September 30, 2005; an additional $74.759.00 from November l, 2004 Uuough October 31, 20Q5. Funds available throup� September 30, 2005 but not e�pended by the Grantee by September 30, 2005 will be canceled. 4.2 Payment (1 } Invoices. The OJP will promptly pay the Grantee after the Grantee presents an itemized invoice for the services acwally performed and the OJP's Authorized Representative accepts the invoiced services. Invoices must be submitted titnely and according to the following schedule: Itemized invoices will be filed in arreats at least quarterly, but not more often than monthly, and within 30 days of the period covered by the invoice for services satisfactorily performed. Expenditures for each state fiscal year of ihis grant contract must be for services perFormed within the applicable state fiscal yeat. Every state fiscal year begins on Ju1y 1 and ends on 7une 30. The final invoice pertainine to each state fiscal y, of flus t contract must be received b�y 31 of that calendar vear. Reimbursements from the next fiscal year(.sZmav commence on or after July 1 of that calendar year. The final invoice for $100 000 00 that is available from November 1 2004 throu¢h Se�tember 30 2005 must be received b�November 15 2005 The final invoice must be received no later than 45 davs after the expiration date of this �rant conhact. � Funds will be deposited to the Csrantee's account: 43 Federal requirements. (Where applicable, if blank this section does not apply) Payments under this grant contract will be made from federal funds obtained by the State through CFDA 16.579, 20.600 and 20.601. The Grantee is responsible for compliance with all federal requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by the Grantee's failure to comply with federal requirements. The Csrantee will comply with the Singie Audit Amendmeuts of 1996 and Office of Management and Budget Cuculaz A-133. An explanation of the Federal Audit Requirements is attached and incotporated and made a part of this grant contract. See E�ibit H. The Grantee shall submit to the OJP one copy of all reports and pmposed publicarions resuking from this agreement thirty (30) days prior to public release. Any written, visual, or audio publications, with the exception of press releases, whether published at the Grantee's or 03P's expense, shall contain the following statement: "This project was supported by Grant No. 2004-DB-BX-0053 awarded by the Bureau of 7ustice Assistance. The Bureau of Justice Assistance is a component of the Office of Sustice Progr�uns, which also includes the Bureau of Justice Statistics, the National Institute of Tustice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victitns of Crime. Points of view or apuuons in this document aze zhose of the author and do not Byme Intertgency (]0/04) OIP Gmnt Number 2005-DGCI'A0286 OS•/ 77 represent the official position or policies of the United States Department of 7ustice." The Grantee will not use these funds to operate a"pay-to-sta}J' program in any local jail nor will the Grantee subaward funds to local jails which operate "pay-to-sta}�' pmg�ams. The Grantee agees to compiy with 28 CFR Part 23 if fedecal funds aze used to support criminal intelligence systems. The Grantee agrees to comply with the financial and adnunistrative requirements set forth in the current edition of the Office of 7ustice Programs (OJP) Finaucial Guide. The Grantee assures that federal funds made available under ttris grant contract will not be used to supplant state or local funds but will be used to increase the amounts of such funds that would, in absence of federai funds, be made available for criminal justice activities. The Grantee will not use any federal funds, either induectly or direcfly, in support of the enactment; repeal, modi£ication, or adoption of any law, regulation or policy, at any level of govemment, without the express prior written approval of 07P. The Gtantee agrees to comply with the confidentiality requirements of 42 U.S.C. section 3789g and 28 C.F.R. Part 22 that aze applicable to coliection, use, and revelarion of data or inf'ottnation. The Grantee wi11 comply with the minimum wage and maximum hour provisions of the Federal Fair Labor Standards Act The Grantee wIll establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particulazly those with whom they have family, business, or other ties. The Grantee assures that in the event a Federal or State court or Federal or State administrative agency makes a finding of disciuuination after a due process hearing on the grounds of iace, cotor, religion, national origin, sex, or disability against the Grautee or its subcontractors, the Grantee wlll forwazd a copy of the finding to the OJP. The Grantee assures that it will comply, and ail its subcontrectors will comply, with the applicable provisions of Titie I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Suvenile Justice and Delinquency Prevention Act, or the Victims or Crime Act, as appropriate, the provisions of the current edition of the Office of Justice Progr�uns Financial and Adininistrative Guide for Grants, M7100.1; and all other applicable Federa! laws, orders, circulars, or regulations. The Grantee will comply with the pmvisions of 28 CFR applicable to grants and coopetative agreements including Part 18, Adwinistrative Review Procedure; Part 20, Crimn�al Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Opemting Policies; Part 3Q Intergovernmental Review of Department of 7usrice Prograzus and Activities; Part 42, Nondiscrimivation/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Fioodplain Management and Wetland Proteetion Procedures; and Federal laws or regulations applicable to Federal Assistance prograzus. The Grantee assures that it will comply, and all its subcontractors will comply, with the nondiscriminarion requirements of the dmnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims o£ Crime Act (as appropriate); Tifle 'VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Tifle II of the Americans with Disabilifies Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrinunarion Act of 1975; the Departinent of 7ustice Non-Discrinunarion Regulations, 28 CFR Part 42, Subparts C, D, E and G; and DeQartment of Justice regulations Byrne I�rteragency (10/04) 3 O7P Gnnt Number 2005-DGC7'-00286 a5-1�7 on disability d'ascrimination, 28 CFR Part 35 and Part 39. The Grantee certifies that the Grantee has a current safery belt use policy. This grant conhact is subject to all applicable federal and state statutes and regularions, including, but not lunited to the following: 1) 28 CFR Part 69, New Restrictions on Lob6ying, and 28 CFR Part 67, Govemtnent-Wide Debarment and Suspension and Govermnent Wide Requirements for Drug-Free Workplace through the submission of a. certification form committing the Grantee to compliance. 2) 28 CFR 42302 etseq. through the submission of a certificarion fonn regarding the Grantee's Equal Opporiunity Employment Plan compliance. The Grantee will provide an Equal Employmem Opportunity Plan if required to maintain one, where the appiication is for $SOO,Q00 or more. 3) 2& CFR Part 46 and all federal Office of 7ustice Programs policies and procedures regarding the protection of human research subjeets. 4) 42 USC Section 3789g and 28 CFR Part 22 that are applicable to collection, ase, and revela6on of data or information. Crrantee further agrees to submit a Privacy Certificate that is in accord with requirements of 28 CkR Part 22 and, in particulaz, section 22.23. 5 Conditions of Payment All services provided by the Grantee under tlus grant contract must be performed to the OJP's satisfaction, as detennined at the sole discretion of the OJP's Authorized Representative after consuitation with OTS and in accordance with all appiicable federal, state, and local 1aws, ordinances, nxles, and regulations. The Grantee will not receive payment for work found by the O7P to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authori2ed Representative The OJP's Authorized Repzesernative is Kristin Lail. Crrnnt Specialist Coordinator. 444 Cedaz Street. Suite 100. St. Paul. MiV 55101-S1Q0. 651-2843324, or his/her successor, and has the responsibility to monitor the Grantee's perfom�ance in collaborafion with OTS and the authority to accept the services provided under this grant contracE. If the services aze satisfactory, the OJP's Authorized Representative wiil certify acceptance on each invoice submitted for payment. Tkte Grautee's Authorized Representative is Larrv Dease. Judicial District Administrator 15 West Kellogg Boulevard. 1700 Courthouse. St. Paul. MN 55102. 651-266-8276. ff the Grantee's Authorized Representative changes at any time during this grant coniract, the Grantee must immediately notify the OJP. Assignment, Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grautee may neither assign nor transfer any rights or obligations under this grant contract without the prior consent of the OJP and a fully eaccecuted Assignment Agreement, executed and approved by the same parties who executed and approved this gzant contraet, or their successozs in office. 7.2 Amendments. Any aznendment to this grant coniract must be in writing and will not be effective untIl it has been executed and approved by the sazne parties who �ecuted and approved ihe origuial grant contract, or theit successors in office. Minor changes in the tasks included in this grant contract may be made if requested in wsiting on behalf of the Grantee and if approved in writing by OJP' Authorized Representative after consultarion with OTS. Changes requiring the approval of the U.S. Depaztment of Transportation or resulting in reimbursement claims in excess of $174,759.00 are not minor changes. 7.3 Waiver. If the 03P fails to enforce any provision of this grant contract, that failure does not waive the provision or its right to enfarce it. 7.4 Grant Cnntract Comptefe This grant contract contains all negotiations and agreements between the O7P and the Grantee. No other understanding regazding this grant contract, whether written or oral, may be used to bind either P�Y• Liability The Grantee and the OJP agree that each pariy will be responsible for its own acts and the results thereof to the extent Bymelnteragency(10/04) OlP Gtan[ Number 2005-DGCT-00286 o5-��y authorized by law and will not be responsible for the acts of others and the results thereof. The Grantee's and the OJP's liability will be governed by the provisions of the Minnesota Tort Claims Act, Minn. Stat. § 3.736 and other applicable law. 9 State Audits Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and practices relevant to this grant contract are subject to examination by the OJP and/or the LegisIative Auditor for a nvuimum of siz yea� from the end of this gcant contract. 10 Government Data Practices and Intellectual Property 10.1 Government Data Practices. The Grantee and the OJP must comply with the Mivnesota Govemment Data Pzactices Act, Minn. Stat. Ch. 13, as it applies to all data pmvided by the O7E' under ttus grant contract, and as it applies to all data created, colleeted, received, stored, used, maintained, or disseminated by the Grantee under this gant contract. The civil remedies of Minn. Stat. § 13.0& apply to the release of the data referred to in tivs ctause by either the Csrantee or the 03P_ If the Grantee receives a request to release the data refeaed to in this Clause, the Grantee must isnmediately notify the OJP. The OJP will give the Grantee instructions conceming the release of the data to the requesting party before the data is released. 102 Intellectual Property Rights All reports, studies, photographs, negatives, computer programs or other documents prepazed by ffie Grantee in the perforn�ance of its obligation under $us gant contract shail be the exclusive pmperiy of QJP and OTS. The Grantee may continue to use the materials to promote highway safety, but may not sell or offer for sale any physicai or electronic documents developed under this grant contract, unless a plan to record such sales and make the proceeds available for tra�c safety purposes is approved by OTS. 11 Publicity and Endorsement 111 Publicity. Any publiciry regazding the subject matter of this gant contract must identify the OJP as the sponsoring agency and must not be released without prior written approval firom the OJP's Authorized Representative. For pucposes of this provision, pubiicity includes notices, informational pamplilets, press releases, reseazch, reports, signs, and similar public notices prepazed by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. 11.2 Endorsement The Grantee must not claun that the OJP endorses its products or senvices. 12 Termination 11.1 Termination by the OJP. The OJP may cancei this gant contract at any time, with or without cause, upon 30 days' written notice to the Grantee. Upon temunation, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 12.2 Termination for Insufficient Funding. The 03P may immediately tenninate this grant contract if it does not obtain funding from the Minnesota LegisIature, or other funding source; or if fwading cannot be continued at a level sufficient to allow for the payment of the services' covered here. If for any reason OJP is prohibited in any way from using such funds to reimburse the Grnntee for any of the costs set forth herein, then this grant contract shall be null and void and OJP shall have no direct or indirect obligation to reimburse the Grantee. Termination must be by written or fax notice to the Gtantee. The OJP is not obligated to pay for any services that aze pmvided after notice and effecrive date of termu�ation. However, the Grantee will be entitled to payment, detem�iued on a pm mta basis, for services satisfactorily performed to the extent that funds are available. The 03P will not be assessed any penalty if the grant contract is tenninated because of the decision of the Minnesota Legislahue, or other funding source, not to appropriate fwids. The 03P must provide the Grantee notice of the lack of funding wikhin a reasonable time of the OJP receiving that notice. Byme 3meragency (10104) OJP Gant Number 2005-D('�GT-(N)286 o�- r� � 123 Terminarion for Failure to Camply, When OJP finds that there has been a failure to comply with the provision of this grant contract or with the provisions of the incorporated E�ibits or d�at the purQoses for the funds have not been, or will not be fulfilled, notwitbstanding any other provisions of this gant contract to the contrary, OJP may take such action as it deems necessary and appropriate to protect the interest of the State of Minnesora, including the refusal to disburse additional funds and requiring the repayment of any funds already disbursed. 13 EquiQment 13.1 Purchase of Equipment Any equipment purchased undet this �ant contract shall be used primarily for traffic safery purposes during the life of the equipment. The Grantee may not deviate firom this requirement and may not dispose of any equipment unless it has first obtained permission from O7P after consultation with OTS. Only equipment specified in this grant contract may be purchased. 13.2 Responsibility for Equipment The Grantee shall be responsible for a11 opetating, maintenance, and repair costs of equipment purchased under this grant contract unless othenvise specified. Title to equipment acquird unde: this gsant contract shall vest upon the Grantee. 1. ENCUMBRANCE VER[FICATION (rzdividual certiftes that funds have been encumbered as required by ��i'�,��1 '��. 7�i. �J Sigtted: Date: Grant Comract No�� 9300-134612005-0gct-00286 3. OFFICE OF JUSTICE PROGRAMS � Titlz Date: 2. GRANTEE The Grantee certifies tha! the apprapriale person(sJ have e[ecuted !he grant contract ors behalfof[he Grantee ar reqvired by applicable sratute ar delegation.. $ �.2�✓2e�u- � //✓�o"e'r.'z Tide �l�i2i� .qOM1A11S:2.4Tol�' na,�: l-G-e� s Titte: Daze: ((� 'vv'v'�'� . � � � , _( ' delegatedauthority) ��] � ��� Disvibution DP5/FAS Giaptee O!P's AWhonzed Representa4ve Byrne Interage�y (10/04) OJP Grant Number 2005-DGCT-00286 EXHi81T A � � pu � � �C a� ��T �9��� �4�w� � OFFICE OF JUSTICE PROGRAMS @j"����°s< . � Grantee: Second Judicia{ District Court Administration Program: DWI Court Page 1 of I S:\ODP\OpP\OIP Grants & P GRANTS\Drug Courts12005-DGCT-0028b 2nd Judicial Summary.doc D5-1�7 F�hibit 6, page 1 of 2 FEDERAL AUDI7 REQUIREMENTS 1. For subrecipients that are state or local qovemments non orofit oraanizations or Indian tribes if the grantee expends totai federal assistance of $3�0,000 or more per year, the grantee agrees to obfain either a single audit or a program-specific audit made for the fiscal year in acco�dance with the terms of the Single Audit Act Amendments of 1996. Audits shaii be made annua0y unless the state or local government has, by January 1, 1987, a constitutional or statutory requirement for tess frequent audits. For those governments, the federai cognizant agency shafl permit biennial audits, covering both years, if the govemment so requests. !t shafl also honor requests for 6ien�ial audits by governments that have an administrative policy calling for audits fess frequent than annual, but only audits prior to 1987 or adminisVative policies in place prior to January 1, 1987. For su6recioients that are institutions of hiaher education or hosoifals If the grantee expends total direct and indirect federal assistance of $300,000 or more per year, the grantee agrees to obtai� a financial and compliance audit made in accordance with OMB CircularA-110 "Reqvirements for. Grants and Agreements with Universities, Hospitals and other Nonprofit Organizations" as applicable. The audit shall cover either the entire organization or a�l federal funds of the organization. The audit must determine whether the subrecipient spent federal assistance funds in accordance with appficable laws and regulations. 2. The audit shall be made by an independent auditpr. An independent auditor is a state or iocaf government auditor or a public accountant who meets the independence standards specified in the General Accounting O�ce's �Standards for Audit of Govemmentai Organizations, Programs, Activities, and Functions.° 3. The audit report shaii state that the audit was pertormed in accordance with the provisions of OMB Circular A-133 (or A-110 as appficable). The reporting requirements for audit reports shall be in accordance with the American Institute of Certified Public Accounts' (AICPA) audit guide, "Audits of State and Local Govemmentai Units," issued in 1986. The federaf government has approved the use of the audit guide. fn addifion to the audit report, the recipient shail provide comments on the findings and recommendations in the report, inciuding a p{an for correcllve action taken or pianned and comments on the status of corrective action taken on prior findings. If cocrective action is not necessary, a statemerrt describing the reason it is not should accompany the audit report. 4. The grantee agrees that the grantor, the Legislative Auditor, the State Auditor, and any independent auditor designated by the grantor shall have such access to grantee's records and financial statements as may be necessary for the grantor to comply with the Single Audit Act Amendments of 1996 and OM8 Circuiar A-133. 5. Grantees of federal financiai assistance from subrecipients are aiso required to comply with the Sing{e Audit Act and OMB Circuiar A-133. (04/63) 45- /'i? Exhibit B., Page 2 of 2 6. The Statement of Expenditures form can be used for the schedule of federai assistance. The grantee agrees to retain documentation to support the schedule of federai assistance for at least four years. 8. Required audit reoorts must 6e filed with the State Auditor's O�ce Sinale Audif Division and with federai and state aqencies providinq federai assistance and the Department of Public Safetv within six months of the arantee's fscal vear end OMB Circular A-133 requires recipients of more than $300,000 in iederal funds to submit one copy of the audit report within 30 days after issuance to the central clearinghouse at the fol(owing address: Bureau of the Census Data Preparation Division 1201 East 10th Street Jeffersonviile, indiana 47132 Attn: Single Audit Clearinghouse The Department of Public Safety's audit report should be addressed to: Minnesota Department of Public Safiety O�ce of Fiscal and Administrative Services 444 Cecfar Street Suite 126, Town Square St. Paui, MN 55101-5126 (04/03) 02l10/2005 TH[J 12:28 FA% 651 284 3317 ,�`����° OFFICE OF JUSTICE PROGRAMS '� Project information Sheet— Form 1 �� �2 1.�AGENCY Lega Name: 2° Judiciai District Court Administratio Address: � 7Q0 CourfhooSe 15 W. Kellagg Blvd. ���'�� St. Pauf, MN 55102 2. AUTHOR{ZED REPRESENFATfVE Name: Larry Dease T�tiB� Judicial Qistrict Administrator Address: � 700 Courthouse CityRIP: 15 W. Kellogg Blvd. St. Pauf, MN 55102 3. OPERA AGENCY (!F OiFfERENT FROM #11 Name: Address: City/21P: 4. PROGRAM CONTACT ame: Anne McDiarmid Ftie: Coordinator Address: 76 Courthouse 15 W. Kellogg 81vd. CityiZlP: 5. FISCAL COBfTACT Name: Chris Eitemiller Tife: Accounting Manager Address: 1700 Gourthouse 15 W, Kellogg B[vd. ����� St. Paul MN" 55102 6. PROJECT IMFORMATION �jOtl2/O16 � .�� _ - m.�.. F�: 651-266-8278 E-mai1: �arry.dease@courts.srate_mn. us 651-767-8880 Fax. Iarry.dease@ courts.state. E-mail: mn.us Fax: F�� 651-266-8485 E'm�� anne.mcdiarmid@co.ramsey. mn.us Fax: 651-266-8278 �'m��� chris.eitemiller mn.us Page 1 of t Rev. 8l12704 C:1Doasmenfs and Settings�anne.mcdiarmidV.ocal 5ettlngslTemporary tMernelFiles\OLKAEWIF03 for DVJI couR9.dnc 02J10/2005 TH[7 12:28 FA% 651 284 3317 PROJECT DESCRtMTON FORM O� rl � � f�1003/O16 � s 7n September 2002, Ramsey County District Court implemented a pitof Adult Subst�ce Abuse Court (ASAG� to serve the cifizens of Rawsey Coimty. The mission of the program is to provide for pubfic safety by assisting adults who have committed felony- level offenses to become and remain aicoflol, drug and crime-free. Tiris mission is accamplished throuah a partnership of criminal justiee, social services and other agencies providing services to this popu]ation. Sirategies utilized to accomplish the mission aze based on best practices iden#ified in the dxug court litera8ue includiug the ten key components of drug courts. Research has demonstrated that tiris paztnership and these sttategies significantly reduce the liketihood of paiticipant's re-arrest for any offense and result in lawer recidivism rates ofthis populatian. Judge Joanne Smith assembled a Steering Committee of invoived policy makers including the County Attomey, Public Defender, Community Corrections, the pretrial agency, Public Aeal#h, and Community Hwnan Services to oversee the program's policies and procedures. The Steering Committee meets twice a month and has expanded zts focus to include mentally ill and DWI offenders. In September 2003, the Steering Committee decided to initiate a planning pmcess to deveiop a DWI Court program. The plan is to incorporate the DWI Court into the ASAC as Track V. Judge Cseorge Stephenson will lead the staffing team w}uch will inciude the ASAC prosecutor, public dsfender coordinator, screener, assessor and a new case manager (pxobation officer). The elements of that program are as follows: A. Elieibifitv Criteria: The target population inciudes adult (18 years and over} men and women nonviolem gross misdemeanants with 3 or more DWI offenses within the past 5 years who aze residents of Ramsey County and fiave a substance abuse problem as defined by the state mandated chemical health assessment. This pilot proj ect is limited to 60 pazticipants. The primary drug of choice for ttus populatioa is alcohol. B. Referral Sources: RefeTTals will come from several sources including defendants screened in airaigument court, offenders ciurently being snpervised in the Cammwrity Coirections DWI IJnit, judges, probation officers and attorneys. C. Screening and Case Proaessine: The preliminary eligibility screenn�g is conducted by the prosecutor, the public defender and pretriai staff at the defendant's &rst appearance in court. If preliminary e&gibifity criteria are met, pretriai staff then determines if the client is interested in pazticipating in the DWI Court program, lf so, pretrial stat�requests the judge to order that ttia defendant be placed on pretrial supervision with conditions #o complete a chewical health assessment and a baseline urine test. Pret:ial staff immediately makes arcangements for the chemical health assessment, urine test, contacts the victim, police and county attomey for input, and obtains any necessary additional criminal history infozmarian. All informarion is forwazded to the DWI Court team that reviews the case at the weekiy staff ineeting. The team makes the final deternunation i Stcc�Betrnko. "ResearrhonDrvgCourzs:ACri7icnl geyiew,"100tUpdate. NewYotk,NY:l3aponal Su6stance Abuse atCMumbia IIniversity, June 2061. 02l10/2Q05 TH[I 12:29 FA% 651 284 3317 regazding ffie candidate's acceptance into the program. Since all gross misdemeanant BWI defendants are being screened for the DWI Coiut program, we �ticipate that the resulting 60 pazticipants will reflect the diversity of aur population C. Pro� leneth and capacity: The DWI Court is 12-24 months in length and can accept appmximateiy 60 pariicipants. This is an azbitrary decision based on the maximum size of the caseload (60} the Steering Committee expecfs case manager can effectively manage at any one time and still provide close supervision. D. Program Requirements include: • Regulaz court appearances • Substance abuse treahnent targeted tfl DWI offenders ("Driving With Care" Curriculum) and aftercare including weekly support groups • Applioation of the SCR�+I (Secure Continuous Ransom Alcohol Monitoring) ankle hracelet far ai least 90 days; submit to random tests for other dnxgs • Law-abidingbehavior • Empioyment or work toward a high school dipioma if appropriate • Pro-social activities • Payment of resfltution, SCRAM fees and DWI Covrt progrun fees, if any. I�oo4iois OS-177 E. Pro�r,am Structure: the program is separated into three Phases: • Phase One (approximately 3 moui�s): Orientation to t�e progtam and beginning treatment at'I�vin Town; installation of the SCRAM equipment and ankle bracelet; court appearances and case management meetings weekly. • Phase Two (approximately 5 months}: Developing stability ia sobriety; removai of the SCRAM equipment; attending support groups in the community; seeking or maintaining employment, bi moxrthly court appearances. • Phase Three (approximately 4 montUs): Preparing for catnmencement; pm-social involvement in community; continuing sobriety; maintaining employment; stable living situation. F. Supervision: Individual case management is the foundation of the supervision component and requires intensive attention Yo offender needs. One case manager will develop an individual case plan with each participant G. Substance Abuse Treatment: For the length of the pilot program, the DPJI Court will use Twin Town as the sole provider of the cognitive skills based curriculum "Driving With Care" that was desigaed specifically for DWI offenders by Harvey millanan, Ph.D. It has Uuee program options targeted at the level of BAC at anest and evidence of substance abuse pmblems.'The participants in the bWI Court prograat will be enrolled in Leve1 III, Therapy. G. Resolution of the Case: No final decisions have been made regazding the disposition of the case. It is likely that tke judge will either stay the mandated jaii time pending successful completion of the program or wi11 impose jail time with an eazly refease fo ireatment if the partieipant is mofivated. 02/30/2005 TEU 12:29 FA% 651 284 3317 NARRATIVE Need SYatemeat According to the Ramsey Counfy Sheri�s office, from 1/1/OZ to 12l31l02, there were ?A,253 aIIests in Raazsey Co�ttmfy. The S most common offenses in order were: Driving atter Revocation, Fetony Possession of a Controlled 5ubstance, DWI, Domestic Violence and Theft. A recent Hazelden Foundation study reparted that Muinesota's 18-25 year oid populaYion is the second highest in the country for tobacco use, the fonrth in illegai drug use and the Yenth in binge drinldng. In 2002, almost twice as many au�estees in Ramsey Count3� were young adults as in any other age gxoup. The totai number of drug azrests during that same time period was 5,876 and the total number of aicohol arrests (mostly DWIj was 3,852. T4ius, alcohol and drug offenses account for a little Iess than half of all anests. Women represent about 25% of a11 drug and alcohoi arrests; according to spokesmen from the Sheri�s office, tlus number is increasing rapidiy. Alcohol and cocaine are the most common drugs invoived in atrests according to Sheriff's data. The Depariment of Human Service (DHS) informs us that substance abuse patterns center on cLronic alcohol, cocaine, and mzrijuana as reported by cfients during the chemicat health assessment process. Motor velucle crashes aze the leading cause of deatl� for Americans aged 2 through 33 and motor vehicle crash injuries aze a major health bare prolilem m the US. Aicohol- related crashes ue a substantial part of this problem. Aicohol was involved in 41 percent of fatal crashes in the US. In Minnesota, 39 percent of alcohol-related crashes resulted in fataiities where the BAC was over.01 and 32 percent resulted in fataIiries where BAC was over .OS.Impaired driving is the most frequenUy cammitted crime in the United States (NFiTSA, Apri12004). Minnesota has licensing sanctions for these offenders as well as ve3ricle sanctions and mandatory sentencing. The recognition of the need for a DWi Court in Ramsey County has been an evnlutionary process. As fhe number of DWI offenders has increased over the yeazs, the criminai jusfice system has baen slow to respond. In 2003, the legislature increased penalties for felony-level DWI offenders and mandated minimum sentences for all repeat DWI offenders. Tfie infent was ta focus on increasiug penalfies for this population becanse of the threat they pose to public sa£ety. However, judges asked ihe Commturity Corrections Uepartment for altematives to lengthy jail sentences because they understood that punishment without treatment was not a solutiott. In 2000; Community Corrections developed an Intensive Supervision Program for gross misdemeanor and felony D WI offenders that offered closer supervision and treatment. The number of offenders in this program is as follows: �joosiois a5-f'�7 � - -- -� � s�fl'stkcuturencsnrisks xoox � ''Fhis numher is an wde¢cGrtare bxauca it does nac'u�clude aitoarunt w wtich alwlwl ar d�og use u not the P�map' olle¢se 6ut is ➢att of tbe cl�ge (ag domatic v'wlence). 02l1U/20U5 THU 12:29 FA% 6b1 284 3317 • 63 felony offendets • 195 offenders with 6 or more DWIs •- 82 offenders with 5 DWIs + 223 offenders with 4 DWIs • 3639 offendecs witk 3 or fzwer DWIs The Ramsey County Substance Abuse �d Meata.l Aeatth Stearing Committee members have discussed the problem of repeat DWI offenders for over a year. This group recognizes that DWI offendecs aze not only pub&c safety dangers, but their alcahol use often moves them into other azeas of crime as well. The recommendarion of the members was to develop a DWi coiut in which repeat offenders would be subject to direct judieial supervision, treahnent and services wluch incoiporated 6est practices in the substance abuse freld Kevin McConnon, Supervisor of the DWI Unit in Community Coaections, _ researched best practices in this area and reviewed the following materials: a Depa�knent of Conections Report-Working with 14linnesota DWI offenders; the Substance Abuse CourE Standards, the principies of dr¢g addiotionJtreatmen4; the DWI Repeat Offender Grant; the "Driving with Care" curriculum (Alcohol, Ofher Drugs and Driving Safety Education Prognm); the Cogworks Program; fhe Criminal Conduct and Substance Abuse Treatment Program; Safe Streets First Pro�am (uti3ized by Dakota County), the Anoka County Repeat Offender program; the V3isconsin Risk/Need Inventory and the Level of Service Inventory-Revised (long/short form), � oosiois �05•t �7. As the result, Commumity Corrections decided to implement a pilot with xepeat DWI offenders with three maia compouents: the "Briving with Care" curriculum developed by Hazvey Miiinnan, eY al. The "Driving with Care" curriculum is one year in length and is focused on relapse and recidivism prevention. Cognitiverbehavioral ptogramming is the basic platform for implementing Iearuing and change, The program integcates the tfiezapeutic and correctional inta pazhierships and screening and assessment are based on a multidimensional approach. • a well-researched assessment tool oalled the LSI-R (Level of Service Inventozy- Revised) to detemune repeat offender supervisian level hased on risk and need of the offender. 'fhis is a tool supported by the Department of Coaections and is used in many counties in lYlinnesota. a new technology —SCRAM (Secure Continuous Remote Alcohol Monitoring). SCRANI is an aicohol monitoring system that tracks an offender's use of alcohol through a braceleC that fits around his/her leg. Tt monitars alcohol use througk the skin. Tfte unit is worn by the offender 24 hours per day and continuously monitors alcohol use. The offender gays for the use of the equipment ($13 per day); the program assumes the cosfs for those who aze indigent. Tfiis program, with enhancements, is the pmgram that Ramsey County wishes to implement as a DWI Couct. The enhancements includa arequirement that repeat 02/10/2005 THU 12:29 FA% 651 284 3317 offenders appear in court at Ieast every iwo weeks, submit to random drug testing, meet with.tfieir case manager regularly and pazEicipate in in-patient ohemical depeadency tCC212llCIIf� 1FIICCBSS3Ty. . The goal of tl�is DWI Coiut is to enhance public safety by flolding repeat DWI offenders accountai�le through the use of technology, judicial supervision, tieahnent, case m�agement and supplemental se:vic�s. The DWI Court would be abls to reach a population undersezved by probation, e�and a probation deparhnent pilot into the court arena, address current and frrture recidivism, and pmvide a treatment progam which is specifically focused on the DWI offender. Operations and Partnerships: The Seconti 7udicial District Co�t Administration 0$'ice has taken the Yead in many initiatives related to substance abuse. It is the lead agency for the Federat Bureau of Justice Assistance Adu1t Substance Abuse Court Implementafion grant, ttte Juvenile Substance Abuse Court grant, aud a previous State Offtce of 7usfice grant, Commwtity Circle grant, Juvenile Accountabi3ity incentive Grant programs, azid is heavily involved in the development of a Behavioral Court which is intended to pmvide accountability and services to persons with co-occurring disorders. The Ramsey County Public Health Department and Community Human Services have developed a number of programs designed to both prevettt and treat residents who are addicted to oz abuse alcohol. The Steering Committee was formed five years ago to address, modify and develop polieies �d practices related to aicohol and other drug issues in a comprehensive and integrated manner. The group meets once per month and a11 decisions are made by consensus. Law enfozcement has heen a pariner on the Steering Committee from the beginning and is represented by Chief 7ohn Hazrington and Captain Cluis Nelson firom the St Paul Police Deparknent and Dori Martinez from the Sheriff's Office. A11 of ttie agencies represented on the Steering Committee have donated 7ime, resources and staff to the substance abuse courts and plan to subsidiZe staff involvement in the DWI Court. The foIIowing describes each member's role in the proposed pmject: The City A#arxey's O�ce will assign one staff to the DWT Court staffittg teaztt to identify offandeis appropriate for the program aud to make decisions regazding the pazticipanYs �ontinued emollment in the progcam. The Public Defender's Off:ce will assign one staff to the DWI Court staffing team to advise the offendar as to the nahue and purpose of the D4VI Court, the rules goveming participation, and the rigfits fihat the offender will temporarily or pennanertfly relinquish. Helshe also makes decisions regazding the offender's continued parYicipation in the ProB�• i� oo�iois OS i.7� Community Corrections will assign a probation officer tn the staffing team to provide field supervision and case mauagement services for up to b0 DWI Court participants. 02710/2005 T&II 12:30 FA% 651 284 3317 Praject Renaanay a prehial5ervices agency, will pmvide scLaening and assessment for pazticipauis in the program. The Eamsey County Sheriffs O�ce will provide access to in-custody lreatment services and ane deputy will be assigned as an active participant on tbe Steering Committee. The S�. Paul Police Depardnent wiIl assign an afficer to the staffing team who will � conduct `�Cnock and talk" visits to offenders at their homes and pazticipate on the sraffing teazn. Ttie Second Tudirial District Cnurt will assign a jurlge to oversee, motivaze and manitor the participants in the D4VI Court program and to pariicipaze as an active member of the staffing team. Court Administration will provide coordination for the program and all grant oversight Anne McDiatmid is responsibie for coordiaaring the day-to-day effort to operate tbe Aduit Substance Abuse Court and impletnent the DWI Court. Her responsibilities ittclude facilii�ting the policy process, including bi-monthly Steering Committee meetings; documenting the pmgress of Steering Committee; attending ASAC and DWI Court stafTing meetings and court; completing required federal and state reports; attending grantee meetings; identify funding resources; write grant applications; manage ASAC and DWI court budgets in coordittation with caurt administrator; facilitating plaiming process to create and memorialize eligibility standazds, operating policies and procedures; developing necessary forms inc]uding memoranda of understaniling aud linkage agreements; serving as court liaisori witli se=vice providers, sgecifically attending pmvider meetings; facilitadng development of a data ooilection system to monitor cfient compliance, identify trends and provide a basis for evaluation; overseeing case management and supervision protocols; educating referrai sources and community on program goaLs, policies and procedures. gey Componeats: 1. The DWI Court wiit ufllize one treahnenE pmgram initially, which offers specialized treatment services to offenders convicted of multiple DWI offenses.l�vin Town Treatment Center wilf provide the location and trained staff to conduct the cognitive cumculum designed for DWI offenders entitied "Driving with Care." 2. Both the Public Befender and the City Attomey have been urvolved in the design, development, and implementation of fhe DWI Court with the goat of improving pixblic safety by providing ireatment and otlzet szrvices to repeat offenders. 3. Pazticipants in the pmgram will be identi$ed by a pretrial screener at azraignment court and referred to the pmgram immediately after arraignment. 4. The D4VI Court treatment curriculum offers four different leveis of education, treatment and therapy. C$1008/Ol6 OS-J 7 �' 02l10/2005 THU 12:30 FA% 651 284 3317 5. SLRAM (Sec�e Continuous Remote Alcohol Monitoring) is an alcohol monitoring system that tracks an offender's use of alcofiol tiuough abracelet that fits azoimd hislher leg. IY monitois alcohol use through the skin. The imit is wom by the offender 24 hours per day and con#inuonsly monitors alcohol nse. The offmder pays for the use of the eqtsipment ($13 per day); the pmgram assmnes the costs for those who are indigent. 6. A coordinated strategy for pazticipant compliance will be defined in the DWI Court Policies and Pmcedw However, we expect that ihe incentives and sanctions will be similas to the procedures now used in the Adulf Substance Abuse Court. l�oosiois Os'-177 7. Ongoing judieial interaclion is eritical for the success of the progeam. 7udge Creoxge Stephenson has indicated a strong interest in sercTing as the judge for the DWI Court. Participants will be required to appeaz in court at least every other week and more often if they show si�s of relapse. 8. An evaluation plan has nof yet been developed but a portion of the budget is reserved for tlris component and the reseazchers have been selected. Since the ASAC program has a database that was developed by the selected researchers, we expect that adapting it to a DWT Court will be retatively easy. 9. All of the agencies participa#ing in tlus effort as well as state agencies provide training in a variety of venues relating to drug use, assessmant, monito�ng, evaivation and other - -- _. topios specific to the wor& of fhe DWI and ASAC programs. Further, a number of fhe staff�ng team have been or are sched�xied to be trained at t}te National Drug Court Program weeklong training sessions in Reno, Nevada. FIarvey Millffnan, the author of the "Driving with Caze" curriculum, i�as trained the Twin Tawn staff and pretrial services staff in facilitating tfle cutriculum, 10. The D WI Court will use community oxganizations as well as public agencies to provide for participant needs. We will include community members on the Steering Committee and a g�aduate finm �he ASAC program for input and perspective. Sustainment S#afegy: The Steering Committee has scheduled a County Boazd workshop on September 28, 2004, to present the components of the Juvenile and Adult Substance Abuse Court programs and The DWI Court with the intention of laying the fouadation for a request far continued funding when external fiznding sources terminate. We also expect that each agency involved in the programs wiII incoTporate the necessary positions into tfle 20Q6 local and state budgets. WORHI'LAN FORIVTS See attached fornas. 02l10/2005 TH[J 12:30 FA% 651 284 3317 � w -- a � � � f�oioiois 6 ���77 � � � w � � � � � � � '� Ci U U U d y y C d Qj m p Tq f71 VJ � � 011 � . � a°'q � � � � R R � ° � � _ ° � � � � � � � o ;, �. Q e � � P�'. � v ti � '� '� � R m� a a�i a°i U U U � � b � b C � i^-�. Prt A, '� c��i � � O � 'd U pp � �y u! n V b j„�' G � p, � N � � O �'.a � � � � � a� � 3 � 3 'CY 0 9 � + {� O �"' �' � � N '� N y�� SC, b�i �' p i ,t+ N � �1 ~ '� ' ti � Q �+ Vl � P � 9 ..�-� V1 y U `� � 3 � d ='^ '� .� � � °' ;a c y � p ,2 •�°^, � � � � a '� [c! 1��+' � �C ,s�. '�'�r U U TA °�' o �� x � a v �, � i'4 q � *" � � �` � o � :. ... � � �, 3 w '� A � � � a � >, � � � v v g ..� '„ � � >, Q '� �, o a �' � � � � � ¢, m � � a °� �' �' � " o c�i .� ¢ ,°�. o $ ° � '" � U � � R'� w .� ,� y y a> . m . � �°. F� �/�i t%� � O �' W +'� N A-� , O� y y "w N M C1, N �+ � � O � .� �" � N � O O td t�0 � i ex�J � 3 a�'i a , � , � ° � °"' o u t�i N � ~ O �j U '?� U U �' ' � .G � +" L+ ,� � V v � '3 �a � � m at o .o � O w ° o `° •� � " `" � � °`�..° � ,o F+ � m � � '� N Vi p � v V r3 � N� v� � O j3 V N V U � �� ' '.-� O L� � � z Q .� +`Y � p ^� � � 'y � Q v�i d' ca ,C � }. � �G t� i'. G Fr � �n � � � W y A '"'�," � y � O � b � D 'F7 '.O O a v� i . b�A � . '� U G '� � O a�i � ,� '"" �n ✓" � a, .r, � N � � V v y � � c� o� q .�'�., � � ? � y ,b � U � � N � .r•' O � � � � � �' � � � �'. d � w � � C � H �, � ,� �' '' °� � t° � °3 ' .� Q t '3 '',, � ar « e �°� `� � a�, k�` � a�i ` a�i at m � `� a�i es °: :' G r c w � +-� o ��� a� � p, d o 4 ✓ �-. sl � . y � 'ai' •� � •� a � i +- L � ' p F'j a�i c�i � r. � . V' � "d �` � y t d c O � W � ° �A R ° Y� " �w� � � � °�' � � � H .. a a � a �. a m � � >°' c � ^ � � a � 'm � d 3 .� � - �a.. ,��a . a , � c , a� •� o � [� � $ � �� p 5 � y � j a a` i ° � �`" o a"i � - o °� o p� � o� v� on O p a a; w o a w� � � cn U �';, � 'L' o ..: -� c�i w Ki v �ri � �o c� ° o o+ � .� �i � a. 02/10/2005 TH[1 12:30 FA% 651 284 3317 � O � -z a � � ., � � x � 0 c � C .� bA O � � >°, � � � U s�. � � � � � c .� 0 � � � � W � � � O z F � � Q Q � � 0 0 � Pr O � � � (�,,� d •M w � � o � � � Q [ � �� � L" j� � � � h p y � � � � A � o � r, � �> .� ��� � � � � � � U �y' j, � N � °f > O N � � � � � .'�'. H � •� � N '3 � � Ri � � � :S � � � o � a� � 'on N ~ > � �a . � _ � � � � a� µ� � � y p �,O O � N U N � ^' � y � 7 O ^ ,� � m� d �� � N W U N � � � 0 3 y ���,m �� �� b � � .� . � "� � Fi � � o G U � � O � H �: U o � � � � U3 � c��� w � � � A o . W � u � � iw d P+� � � a , 0 a � � � � � � . � N N� � R U '� �-.� 'U R � w � o � U � Q i�i ..�5�'.� � � A 'i�' � � N b � � C U� z O � � O W TQ � � �� U �P" � V U q , s. I � N I U2 4 «i � x U 'C3 � N � �' m G .� � A � � C �* � U �� N y � � �oivois �1�1_lZ� 02/10/2065 TH[I 12:30 FA% 651 284 3317 � w --z R�, � � � � � � � � ;� � � o 0 0 •a „ E �, '� � � a � a�� co ,� o � m :� e o � ° �, . o " a ' ti � V .n �s � a: a ° „� o s. - ,. s. o� �� � o a"� o-�i 0 o a � L,K�, r� U U ;o � ��. o o efi ,• O o m � � .� � ° o c�i � "� ?; ° ,x � U � `3 � a a� � o � y'n� Ea; 3 °, � � � 3 � a��i � � � �., y � a� >°, a�d� �� � >' � �3� �a � � " g a o � � °' � y° : .c 'a��i �m n v N F A'� � .-� .f7. ,� O .-y W TS U � U 4" w Q C' v �'�' a � C� '� �-' �' °� � N O p �+ O U '� '" 3' �� V �-i W� V O.� w � � 6i ��� � a ' a � O � � �'O � � ` o o abi o ° � '� � `° ° � � '�' �v °' �' � � '� �m �o � •� 0 A a a�i Y �, .d. :-� ❑ s°'. � '�' � .�. � ���R � � � � o3'D� 'a� �.� � d � � m � ❑ ° °�''' U � ° o v $ � $ i .� � w. �'* � a � `� � °�'"..� ."' "� �. � A o,-. cr �i m �.; a o � o ^ � U � y u c H °fl „ s: � c � i ''C v Q � b0 � v � c• �a� �, « a ^ y � > u� q � � � ,� uz „ �, � T` Y � � � ti � V � � � � -U m 3 ,°� � y o F O V �, ° � A ° �o � F c � , .� � o p � � c�a v � � m +� y °� w `�a � � � ; � � ,� .� a � s � � U �; � �� � � ° .� � � � ° � � �, � �. � � � � � � � �° � �>,, � 0j � � � � •v ^ � U F+ x+ y � � � .w. y x � m � ¢• � H � o s.� � � y o � � o o � � o _ � F' � d a� � n ., ,_, o ,o a U � � � � �� v, ei i U � � bn c � o � � ^� � 3 � � c��a � ;� a � i '-�� � zy a� is7 �^� � ao �° r `� w w o � P.' o�� ra � a u o o •� ^� W �''~ z�. an '� .:� � Q a`'i a'"i a F ' W i� � '� � 'd y 'C � .n .n ^ p w � `^ a - a' m �-'� � a� o � � � � o � o.a � v� a � 3 ,�°� z 2 a x o.� �i <.; � vi a a: r. �i r; I� 012/O16 D��?7 02110l2605 TflU 12:30 FA% 651 284 3317 EVALUATION NARRATiVE Recently, tke ASAC exfernal evaluatois, Claudia Fsxce3lo and Ed Siegei from the Center on Reseazch and Evaluation, completed the development of an ASAC database. They aze currenfly modifying the database as we discovered better ways of inputting the information. We anticipate fliat these evaluators will be able to modify the e;dsfing database to collect informaiion specific to DWI offenders in the D WI Court. If awazded the OJP gant fimds, we intend to use approximately $15,00� for this pucpose. Since the main goal is to miprove public safeTy by zeducing recidivism (specifically, driving- impaired traffo offenses), outcomes related to new azrests during and after the program will be particulazly important. Graduation from the DWI Court pmg�am occurs wken the DVTI Court teatn detemiines that the paxticipant has sucaessfully integrated the information to support recovery; has completed treatment and aftercaze; has six manths continuous sobriety; has paid mstitution in full (or has a civil judgment); has completed work towazd a high school diploma or GED; is employed or participating in an educational program; is participating in a recovery support group; and &ving in a safe, stable residence. All of these data elemen#s will be inciuded m the database. C� 013/ Ol6 OS-177 The foilowing qualitative data will be included in our data collection effort: 1) information on coordination and collaboration with other agencies; 2) information on ohsnges in the silnunistrative process; 3) services available and utilized; 4) information - -- - --- -- -- on ireaiment services; 5) accomplishments of participants (movements through phases, edubationai, employment, family, etc.). The following guanritative dafa will be included in data colleciion: 1) number of offeaders screened, eligible and admitted; 2) characteristics of offenders; 3) ahazaoteristics of program; 4) amount and chazacteristics of services provided; 5} length of time from acceptance to treatment; S) complete infonnation on court appeatances, conditions, and performance; 6} treatment results; 7) employmentleducarion results; 8) progam completion rates; 9) average time in program;l0) SC12AM and UA results; i l) re-arrest rates. The data set wiIl describe the tazget population by age, sex, race, family status, employment stah�s, educarional level, charges, cximival lustory, drug use history, treatruent history, menfal fiealtii kristory and the nature az�d severity of tfie puticipanY s substance abuse probiem. These characteristics caa be cross-tabbed in any combination to descn`be the population. For each participant a Iustory of SCRAM and drug test results will be kept; as well as a history of in-program anests. A complete iristory of the status hearings will include information on the dates, conditions imposed, treatment, services received, completion and failure rates, and pragress towazds goals. Collecting this information atlows fhe Court to ntn reports t.hat assist in the analysis of paztieipani characteristics and progcam stafistics. Case Summary Reports, individual reports, and Snapshot Reports will supply information on prograui services received, 02/10/2005 THU 12:31 FA% 651 284 3317 SCRAM and drug test results, in-ProSram re-arrests, length of time in the Pmgram, sancfions and rewazds, number of court hearings, and completion status: We will program additionaIreports and modify cuaent reports needed to analyze the data elemeats that have been added or modified by the Steering Committee. Process evalua&on data wiII be summarized into three categories for analysis: target population chazacteristics, progun implementation and rates of program retention, completions and terminatian. Data will be used in Court to assist the DWI Court in de�isian-making. Also, data will be available to the case manager to track the participants' progress and assisthim or her in daily activities. The data will be used by the Steering Coxnmittee to assess DWI Court progress and assist in making decisions on the future direction and m2IIagement of the program. The evaluation will provide ongoing information that can be used by the team within the progfam to enhance the quality of services. The DWI Coutt will be able to identify dif&eulties in implementing program services; fA measure the progress towazds the goats; and to revise program pmcedures. The evaivators and the Evaluatian CommitEee meaabers will develop a snrvey to distn`bute to a11 stakeholders including pariicipants, graduates, faznily members, Steering Committee members and others. Ttris survey is intended to measure satisfaction with the pmgram and to collect suggestions for improvement. f�oiarois as-�77 - The ASAG tearii has heen d'iscussiug tbe possihi 'ty o mea§ui7ng tfie extent o 00 - esion - - -- - and consistent decision maldng in the staffing process. We would like to extend this analysis to the DVJI Couxt team as well. , Regulaz statistical reports will be included in quarterly reports to tlie Office of Justice programs as well as a yeazly process evaluation 02/10/2005 THU 12:31 FA% 651 284 3317 .�T�{(CFPU �c � 8 9 4 P ' �� ���. a OFFICE OF JUSTICE Pf20GRAMS Program Budget Request [�oisiois Form4 osi�7 Page 1 of 2 Rev. March Ot C:\Documents and Settingslanne.mcdiarmidLLOwl Settings\Temperary Internet � FIesVOLKAEIProgram_Budge�Requestt.doc Grarttee: 2" Judiciat f)istricf Court Adminisfration Program: pwl Court _ Budget Period: from 10-1-D4 through 9-30-OS 02/10/2005 TH[I 12:31 FA% 651 284 3317 Line Item Detaii SCRAM indigency fund ($13 per day x 90 days 25%) PaRicipant fees for SCRAM ($13 per day x 90 days x 60 parficipants x 75°l0} 7ransportation and chiidcare (est.) $52,650 $3,00� r Page 2 of2 Rev. March O7 . C:tDocuments and Settings�anne.mcdi`artnitlLLnpl SettingslTemporary Internet ' . Fles\OLWiEIProgratn_8utlget Requestl.doc f�oisiois ����7 � �rarn Funds Match x $17,550 !