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07-159RESOLUTION CITY OF SAINT PAUL, �IIN] Presented By: Referred To: Council File # Green Sheet # A Committee:Date: 1 BE IT RESOLVED, that �ie Saint Paul City Council authorizes the City of Saint Paul, Police Departmen 2 to enter into the attached��greement with the State of Minnesota, Second Judicial District, which include 3 an indemni�cation clause. A copy of said agreement is to be kept on file and on record in the O�ce of 4 Financial Services. 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 Requested by Department of: Approved by May�r: Date: �Z�((J� By: QiFiscal�AO&CRr2D06\D W ISecondJutliciaiCourt2006.ccxis f�7 lS9 3034770 1� Approved yo for Submission to Council: By: � Adoption Cer�ritie by C� ncil Secretary: BY� // //s�ii Sis �vsBi� "__. � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �� 6 7 /S� I PD - PoliceDepuunent Contact Person & Phone: Chief John Harrington 26G5586 Must Be on Council Agen� by (Date): ; Uoc.Type: RESOLU710N ; E-0ocumentRequired: Y i DocumentContact GregPye , ConqMPhone: ZGG5,999 Date Initiated: ��.� ; Green Sheet NO: 3034770 ■�1 Assign Number For Routing Order 0 �diceDeoaztment � Pol'ceDeoarhne t � __�,L I 'ceDe ar�meot PoliceDeoaNnent f 1 i 2 G1tv A�tor ev � (.1ri Attomev I 3 �Ma or's Ot iisg___� � Mavor � 4 ,Council � Council ; _ 5 Citv Cle� rk — i Citv Clerk 6 �ot'ceDenaziment i PMiceDenatUnent i Tota � (Clip Al lLo ca t i on sf o r S igna t ure) Action Requested: ' Signatures on the attached council resolution authorizing the CiTy of Saint Paul, Police Deparmient, to enter into the attached agreeme�t with the State of Minneso[a. Recommendations. Approee (A) w Reject (R): Planning Commission CIB Committee _ _ CiHI Service Commission 1. Has this person/firtn e�er worked under a contract for this department? Yes No 2. Has this persoNfirm eeer been a city employee? Yes No 3. Does this personlfirm possess a skill not normally possessed by any cuRert city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet Initiating'Problem, lssues, Opportunity (Who, What, When, Where, Why): Provide services to State of Minnesota, Second Judicial Court, for parlicipan[s of the Second Judicia] Dis[rict DWI Court progam. Advantaqes 4f Approved: Partnership wiTh Second Judicial Court to provide support and accountabIlity [o participants of the Second Judicial District DWI Court program. Tlus program will enhance public safety by holding repeat DWI Offenders accountable. Disadvantapes tFApproved: None. Disadvantapes If Not Approved: Inabiliry to assist participants of the Second Judicial District DWI Court progtam. Toql Amount of �� g�,�,,, � fr- Transaction: -1�4:XYlX- �� Funainu source: State of Minnesota Financial Information: (Explain) Budgeted: ActiviN Number. 43634093 R��.�a t°'..n.;.�.�.'.+ev. .:.'�'.:�i�' ��.,�4:�.�'.r'.- „--_" . �� S ��@@�� RECEI�ED FEB d.9 2007 November 22, 2006 91:09 AM Page 1 hF ��tGFP{ ; � �. � ;o ' {; : , � ST% 9 ��dIPm'� OFFICE OF JUSTICE PROGRA[�1S Project Information Sheet — Forrr� ^� Y rs ns - � 1. AGENCY Legal Name: 2 Judicial District Court A.dministr�±icr, Phone: 651-265-9267 Address: 1700 Courthouse Fax: 651-26c-8278 15 W. Kellogg Blvd. E-mail: larry.dease@courts.state.mn. CityiZfP: St. Paul, MN 55102 us 2. AUTHORIZED REPRESENTATIVE Title: Address: City/ZIP: tarry Dease Judicial District Administra;or 1700 Courthouse 15 W. Kellogg Blvd. 3. OPERATING AGENCY QF DIFFERENT �' #1) Name: Address: City/ZIP: 4. PROGRAM CONTACT Name: Anne McDiarmid Title: Coordinator Address: 76 Courthouse _., ,_,� 15 W. Kellogg Blvd. Phone: 65 i -266-8276 65'!-767-8880 Fax: larrv aeaseCc@courts.state E-mail: mn.cs Phone: Fax: { Phor,:- �51-2c:�-�3481 F�n: 651-26�--8485 ., -m�=t: anne.mc�._=rmid(caco.ramsey. mn.us 5. FISCAL CONTACT Title: Address: City/ZIP: 6. PROJECT Project Name DWI Court Chris Eitemiller Accounting Manager 1700 Courthouse 15 W. Kellogg Blvd. Service Area-City(ies) and/or County(ies): Ramsey County Phor��; �51-2�c�-9229 F��: u51-2:.;-a278 E-maF:: clZris.e:,_:,�iler@courts.state_ mn.us Project SYari Date: F<:je .i End Dat, October 1, ?004 P:�n� Judiciai District: 2n Judicia! �istrict Proje:; �::nds Requested — a�'174,759 > .-s.eh Provided: $59,650 M:-°sesota Tax 1D # 41-6005875 �deral ID # Page 1 of 1 Rev. 9/22/04 Z�\P': J3_for_DWI_coud[7].doc Y 07 -�S� PROJECT DESCRIPTION FORM In September 2002, Ramsey County District Court nnplemented a pilot Adult Substance Abuse Court (ASAC) to serve the citizens of Ramsey County. The mission of the program is to provide for public safety by assisting adults who have conunitted felony- level offenses to become and remain alcohol, drug and crime-free. This mission is accomplished through a parhiership of criminal jusrice, social services and other agencies providing services to this population. Strategies utilized to accomplish the mission aze based on best practices identified in the drug court literature including the ten key components of drug courts. Research has demonstrated that this parinership and these strategies significantly reduce the likelihood ofparticipanYs re-arrest for any offense and result in lower recidivism rates of this population. Judge Joanne Smith assembled a Steering Committee of involved policy makers including the County Attomey, Public Defender, Community Corrections, the pretrial agency, Public Health, and Community Human Services to oversee the program's policies and procedures. The Steering Committee meets twice a month and has expanded its focus to include mentally ill and DWI offenders. In September 2003, the Steering Committee decided to initiate a plaruiing process to develop a DWI Court progam. The plan is to incoxparate the DWI Court into the ASAC as Track V. Judge George Stephenson will lead the staffing team which will include the ASAC prosecutor, public defender coordinator, screener, assessor and a new case manager (probation officer). The elements of that program are as follows: A. Eli '�bility Criteria: The target population includes adult (18 years and over) men and women nonviolent gross misdemeanants with 3 or more DWI offenses within the past 5 years who are residents ofRamsey County and have a substance abuse problem as defined by the state mandated chemical heaith assessment. This pilot proj ect is limited to 60 participants. The primary drug of choice far this population is alcohol. B. Referral Sources: Referrals will come from several sources including defendants screened in arraignment court, offenders cunently being supervised in the Community Conections DWI Unit, judges, probation officers and attomeys. C. Screenin� and Case Processing: The preliminary eligibility screening is conducted by the prosecutor, the public defender and pretrial staff at the defendanY s first appearance in court. If preliminary eligibility criteria are met, pretrial staff then determines if the client is interested in participating in the DWI Court program. If so, pretrial staff requests the judge to order that the defendant be placed on pretrial supervision with conditions to complete a chemical health assessment and a baseline urine test. Pretrial staff immediately makes arrangements for the chemicai health assessment, urine test, contacts the victim, police and county attorney for input, and obtains any necessary additional criminal history information. All information is forwarded to the DWI Court team that reviews the case at the weekly staff ineeting. The team makes the final determination � Steven Belenko. "Research on Dn<g Courts: A Cntical Review," 2001 Update. New York, NY: National Center on Addiclion and Substance Abuse at Columbia UniversiTy, June 2001. 07 /��j regarding the candidate's acceptance into the program. Since all gross misdemeanant DWI defendants aze being screened for the DWI Court program, we anticipate that the resulting 60 participants will reflect the diversity of our population. C. Prog_ram len and capacitv: The DWI Court is 12-24 months in length and can accept approximately 60 participants. This is an azbitrary decision based on the masimum size of the caseload (6Q) the Steering Committee expects case manager can effectively manage at any one time and still provide close supervision. D. Program Requirements include: • Regulaz court appearances • Substance abuse treatment tazgeted to DWI offenders ("Driving With Caze" Curriculum) and aftercare including weekly support groups • Application of the SCRAM (Secure Continuous Ransom Alcohol Monitoring) ankle bracelet for at least 90 days; submit to random tests for other drugs • Law-abiding behavior • Employment or work toward a high school diploma if appropriate • Pro-social activities • Payment of restitution, SCRt1M fees and DWI Court program fees, if any. E. ProQram Structure: the program is separated into three Phases: • Phase One (approximately 3 months): Orientation to the program and beginning treatment at Twin Town; installation of the SCRAM equipment and ankle bracelet; court appearances and case management meetings weekly. • Phase Two (approximately 5 months): Developing stability in sobriety; removal of the SCRAM equipment; attending support groups in the community; seeking or maintaining employment, bi-monthly court appearances. • Phase Three (approximately 4 months): Preparing for commencement; pro-social involvement in community; continuing sobriety; maintaining employment; stable living situation. F. S�ervision: Individual case management is the foundation of the supervision component and requires intensave attention to 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 DWI Court will use Twin Town as the sole provider of the cognitive skills based curriculum "Driving With Caze" that was designed specifically for DWI offenders by Harvey millanan, Ph.D. It has three program options targeted at the level of BAC at arrest and evidence of substance abuse problems. The participants in the DWI Court program will be enrolled in Level III, Therapy. G. Resolution of the Case: No fmal decisions have been made regarding the disposition of the case. It is likely that the judge will either stay the mandated jail time pending successful completion of the program or will impose jail time with an early release to treatment if the participant is motivated. 07-��y NARRATIVE Need Statement: According to the Ramsey County Sheriff's office, from 1/1/02 to 12/31/02, there were 24,253 arrests in Ramsey County. The 5 most common offenses in order were: Driving after Revocarion, Felony Possession of a Controlled Substance, D��'I, Domestic Violence and Theft. A recent Hazelden Foundation study reported that Minnesota's 18-25 year old population is the second highest in the counhy for tobacco use, the fourth in illegal drug use and the tenth in binge drinking. In 2002, almost twice as many arrestees in Ramsey County were young adults as in any other age group. The total number of drug arrests during that same time period was 5,876 and the total number of alcohol an (mostly DW� was 3,852 3 Thus, alcohol and drug offenses account for a little less than half of all arrests. Women represent about 25% of all drug and alcohol arrests; according to spokesmen from the Sheriff's office, this numher is increasing rapidly. Alcohol and cocaine are the most common drugs involved in arrests according to Sheriff's data. The Deparhnent of Human Service (DHS) informs us that substance abuse pattems center on chronic alcohol, cocaine, and marijuana as reported by clients during the chemicai health assessment process. Motor vehicle crashes are the leading cause of death for Americans aged 2 through 33 and motor vehicle crash injuries are a major health care problem in the US. Alcohol- related crashes aze a substantial part of this problem. Alcohol was involved in 41 percent of fatal crashes in the US. In Minnesota, 39 percent of alcohol-related crashes resulted in fatalities where the BAC was over.01 and 32 percent resulted in fatalities where BAC was over .08.Ixnpaired driving is the most frequentiy committed crime in the United States (NHTSA, Apri12004). Minnesota has licensing sanctions for these offenders as well as vehicle sanctions and mandatory sentencing. The recognition of the need far a DWI Court in Ramsey County has been an evolutionary process. As the number of DWI offenders has increased over the years, the criminal justice system has been slow to respond. In 2003, the legislature increased penalties for felony-level DWI offenders and mandated minimum sentences for all repeat DWI offenders. The intent was to focus on increasing penalties for this population because of the threat they pose to public safety. However, judges asked the Community Corrections Department for alternatives to lengthy jail sentences because they understood that punishment without treatment was not a solution. In 2000, Community Corrections developed an Intensive Supervision Program for gross misdemeanor and felony DWI offenders that offered closer supervision and treatment. The number of offenders in this program is as follows: ' Sheriffs Depariment Statistics, 20C2 ' This number �s sn underestimate because it does not incWde situanons in which alrohol or drug use is not the primary offense but �s part of the cturge (e.g. doxnestic violence) 0�-�� • 63 felony offenders • 105 offenders with 6 or more DWIs • 82 offenders with 5 DVJIs • 223 offenders with 4 DWIs • 3639 offenders with 3 or fewer DWIs The Ramsey County Substance Abuse and Mental Health Steering Committee members have discussed the problem of repeat DWI offenders for over a year. This group recognizes that DWI offenders are not only public safety dangers, but their alcohol use often moves them into other areas of crime as well. The recommendation of the members was to develop a DWI court in which repeat offenders would be subject to direct judicial supervision, treahnent and services which incorporated best practices in the substance abuse field Kevin McConnon, Supervisor of the DWI Unit in Community Corrections, researched best practices in this area and reviewed the following materials: a Department of Corrections Report-Worldng with Minnesota DWI offenders; the Substance Abuse Court Standards; the principles of drug addiction(treatment; the DWI Repeat Offender Grant; the "Driving with Care" curriculum (Alcohol, Other Drugs and Driving Safety Education Program); the Cogworks Program; the Criminal Conduct and Substance Abuse Treatment Program; Safe Streets First Program (utilized by Dakota County); the Anoka County Repeat Offender program; the Wisconsin Risk/Need Inventory and the Level of Service Inventory-Revised (long/short form). As the result, Community Conections decided to implement a pilot with repeat DWI offenders with tt�ree main components: the "Driving with Care" curriculum developed by Harvey Millanan, et aL The "Driving with Care" curriculum is one year in length and is focused on relapse and recidivism prevention. Cognitive-behavioral prograxmning is the basic platform for implementing leaming and change. The program integrates the therapeutic and correctional into partnerships and screening and assessment are based on a multidimensionai approach. a weil-reseazched assessment tool called the LSI-R (Level of Service Inventory- Revised) to deternune repeat offender supervision level based on risk and need of the offender. This is a tool supported by the Department of Corrections and is used in many counties in Minnesota. a new technology-5CRAM (Secure Continuous Remote Alcohol Monitoring). SCRAM is an alcohol monitoring system that tracks an offender's use of alcohol through a bracelet that fits around his/her leg. It monitors alcohol use through the skin. The unit is worn by the offender 24 hours per day and continuously monitors alcohol use. The offender pays for the use of the equipment ($13 per day); the program assuxnes the costs for those who are indigent. This program, with enhancements, is the program that Ramsey County wishes to implement as a DWI Court. The enhancements include a requirement that repeat 4 a7-/�� offenders appear in court at least every two weeks, submit to random drug testing, meet with their case manager regularly and participate in in-patient chemical dependency treatment, if necessary. The goal of this DWI Court is to enhance public safety by holding repeat DWI offenders accountable through the use of technology, judicial supervision, treatment, case management and supplemental services. The DWI Court would be able to reach a population underserved by probation, expand a probation deparhnent pilot into the court arena, address cunent and fuhue recidivism, and provide a treahnent program which is specifically focused on the DWI offender. Operations and Partnerships: The Second Judicial District Court Administration Office has taken the lead in many initiatives related to substance abuse. It is the lead agency for the Federal Bureau of Justice Assistance Adult Substance Abuse Court Implementation grant, the Juvenile Substance Abuse Court grant, and a previous State Office of 3ustice grant, Community Circle grant, Juvenile Accountability Incentive Grant programs, and is heavily involved in the development of a Behavioral Court which is intended to provide accountability and services to persons with co-occurring disorders. The Ramsey County Public Health Deparhnent and Community Human Services have developed a number of programs designed to both prevent and treat residents who are addicted to or abuse alcohol. The Steering Committe� was formed five years ago to address, modify and develop policies and practices related to alcohol and other drug issues in a comprehensive and integrated manner. The group meets once per month and all decisions are made by consensus. Law enforcement has been a partner on the Steering Committee from the beginning and is represented by Chief John Harrington and Captain Chris Nelson from the St. Paul Police Department and Dori Martinez from the Sheriff's Office. All of the agencies represented on the Steering Committee have donated time, resources and staff to the substance abuse courts and plan to subsidize staff involvement in the DWI Court. The following describes each member's role in the proposed project: The City Attorney's Offzce will assign one staff to the DWI Court staffing team to identify offenders appropriate for the program and to make decisions regarding the participanYs continued enrollment in the program. The Public Defender's Office will assign one staff to the DWI Court staffing team to advise the offender as to the nature and purpose of the DWI Court, the rules governing participation, and the rights that the offender will temporarily or permanently relinquish. He/she also makes decisions regazding the offender's continued participation in the program. Community Corrections wi11 assign a probation officer to the staffing team to provide field supervision and case management services for up to 60 DWI Court participants. � 7-/�� Projeet Remand, a pretrial Services agency, will provide screening and assessment for participants in the program. The Ramsey County Sheriff s Offzce will provide access to in-custody treatment services and one deputy will be assigned as an active participant on the Steering Committee. The St Paul Police Department wili assign an officer to the staffing team who will conduct "laiock and talk" visits to offenders at their homes and participate on the staffing team. The Second Judicial District Court will assign a judge to oversee, motivate and monitor the participants in the DWI Court program and to participate as an active member of the staffing team. Court Administration wiil provide coordination far the program and all grant oversight. Anne McDiarmid is responsible for coordinating the day-to-day effort to operate the Adult Substance Abuse Court and implement the DWI Court. Her responsibilities include facilitating the policy process, including bi-monthly 3teering Committee meetings; documenting the progress of Steering Committee; attending ASAC and DWI Court staffing 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 coordination with court administrator; facilitating planning process to create and memorialize eligibility standards, operating policies and procedures; developing necessary forms including memoranda of understanding and linkage agreements; serving as court liaison with service providers, specifically attending provider meetings; facilitating development of a data collection system to monitor client compliance, identify trends and provide a basis for evaluation; overseeing case management and supervision protocols; educating refenal sources and community on program goals, policies and procedures. Key Components: 1. The DWI Court will utilize one treatment program initially, which offers specialized treatment services to offenders convicted of multiple DWI offenses. Twin Town Treahnent Center will provide the location and trained staff to conduct the cognitive curriculum designed for DWI offenders entitled "Driving with Care." 2. Both the Public Defender and the City Attorney have been involved in the design, development, and implementation of the DWI Court with the goal of improving public safety by providing treatment and other services to repeat offenders. 3. Participants in the program will be identified by a pretrial screener at arraignment court and refened to the program immediately after arraignment. 4. The DWI Court treatment curriculum offers four different levels of education, treahnent and therapy. 67-/r� 5. SCRAM (Secure Continuous Remote Alcohol Monitoring) is an alcohol monitoring system that tracks an offender's use of alcohol through a bracelet that fits around his/her leg. It monitors alcohoi use through the skin. The unit is wom by the offender 24 hours per day and continuously monitors alcohol use. The offender pays for the use of the equipment ($13 per day); the program assumes the costs for those who are indigent. 6. A coordinated strategy for participant compliance will be defined in the AWI Court Policies and Procedures. However, we expect that the incentives and sanctions will be snnilar to the procedures now used in the Adult Substance Abuse Court. 7. Ongoing judicial interaction is critical for the success of the program. Judge George Stephenson has indicated a strong interest in serving as the judge far the DWI Court. Participants will be required to appear in court at least every other week and more often if they show signs of relapse. 8. An evaluation plan has not yet been developed but a portion of the budget is reserved for this component and the researchers have been selected. Since the ASAC program has a database that was developed by the selected researchers, we expect that adapCing it to a DWI Court will be relatively easy. 9. All of the agencies participating in this effort as weil as state agencies provide training in a variety of venues relatnag to drug use, assessment, monitoring, evaluation and other topics specific to the work of the DWI and ASAC programs. Further, a number of the staffing team have been or are scheduled to be trained at the National Drug Court Program weeklong training sessions in Reno, Nevada. Harvey Milkman, the author of the "Driving with Care" curriculuxn, has trained the Twin Town staff and pretrial services staff in facilitating the curriculum. 10. The DWI Court will use community organizations as well as public agencies to provide for participant needs. We will include community members on the Steering Committee and a graduate from the ASAC program for input and perspective. Sustainment Strategy: The Steering Committee has scheduled a County Board 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 foundation for a request for conrinued funding when external funding sources terminate. We also expect that each agency involved in the programs will incorporate the necessary positions into the 2006 local and state budgets. . WORKPLAN FORMS See attached forms. 7 a�-i�� N —. l s .� co �l G� : vi �- w *-h N R. .-� O . � . ,,, . p ,. . �y O � �I� , �. Y � ,..� '� �. 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'a �' N � �, p: •-- m `oo� � �� t� � � � Q. � `< � =� O � � o � ,� o .. � rn � � o � � d n � n , `" � �v, .� �: �. � P' " " �-e � � o Cx7 O� � '� � ry N � � �. d ti � � � � � `�'. N •• � C l��D �J � ry n � � � .�. r�i� � C ^� D UQ vi v (p \ J O v' tr�a � . .o � �d d o r � t� � v ,� � �. � � n � � '" °' y r' o � .c , '�T � �'. '� �� " c � a a °' o � o-� ...� �o � � � � � � � � N c� O � „� p. � � � � r> h � � ¢ � n � � ,.�.� m n. � a o m N �. �, � p' � P- + � '.� O- � � M � p � � y O � �" � w "S y O � Q `G �, c�o '��' "^�' � � c�o � � � m � ' U � � � cn W O � C W � K �j � Q" N (p � N O O � �. ..0 . ry M N N /+ y � � O- N � � ¢ fv � � O O 'i W � � y ro � � c� � � � �. � " � � r z � � � � + ti � � � 0 �n Q. <� � o' � � � 1� 7y � � 0 �, 0 H W � O � M � � � � N � � � n ' O � � x� m c � � � �. � �. 0 � �. � � � � 0 � � w� � ao w n. � � y a,�. �. � � � . � .�- � w � � � ° ;� � � �a 0 � � ^cs C. O Uj N � G. '� � O :..'h � w � 'cY p� O �. n � � M �' O v. . � � ?j �'. � � � O n N G � � � � a � ¢. 0 � � 7-/S� �� N ' I ro ra� � W N --o�x o ; � Z z` = � � ro � �j �1�'� �� _ ,,,I '? � � � n Cu A�. 0�4 � �' ll_J I-� � ^ . ( Y'� � , Q" Y p' ".3 � � � m "j ba �-r 6 = : ` C/1 rn ' p /'"y C � �' c � � ry rya � �' � C C7 _ 2 tn " o � � . � fl. Y y -� �': � Q" � � � `rS � N � F� � � � � � ° � cra � a° � F, x p o� �� ao C� �� ' y ;; � °: c C� � o ° � co eo. ".�. �-3 " o o � � o y � �"� �� d o � � � � .� ... r. y w � � � � N - r. „*. � co � � r . N v, rn `:� o � , � '� � � � � rn � �.; � � O � c '� °- � � co � � o � n � � � � � o � � o " � � c��o � ° � � � Q- � � m � n � � � � � � � � .. N � � O y � � � pi 'J � O '.� � N� .��. ^ j � � � � � � aC v� (') (D R. o CJ � O.+ CD � Q . � ° a � � � � o � c�'i � c� W � o ('� ,� �: �" ,n x �a' rn � ^` � ,c�'o rn � C � p N `° � r . " o Y C� � o � � o � � � � � �� o m .J K `' � � � W � N ,..� �-' � � � r-. � O � � � � � ti o � ; � �. �. � � co 0 0� o � o � m x � i0 a �� ° p `� o. � o. ,< p. S ? � ° � � `�'" � ^: � :° �. � o < � � �. � .� �. - . � � � �' c � c � � ... �e Q. � � rr � � N �C ¢ ¢, .`T' ' � ''� � � � (D O `� ¢, O h M �+ A� �n n ❑ � O O � p O�� y ` C R� er u G n ��n �t v� V� C� lD N ro... � � �... � „ .+ � � O O � b p C. O 'S '� ry Ci. G � � �J v�, CY. O� .+-, n O. � c�'> A. "' ' y O � � � '•� ._ �] n R. ��» .'3 .. � n (D pq L� v`�i P- � � p. O p' �` � � � O �. '.� � n A � � � rn � � � o `< <C a. �, Q4 � O � � � � � � � � ci �- �. c�o v�.� R. O � � .- �n OQ � � � � � � � (� � ,�'Y, '� �-+. �s n �- O fp � � � � � � � p � �. � O O .� �p_, �' .��- � N � O O O � '�3 ¢ �� R. � O O O �N, '� '—' O O„ � UG (�i � Li. t3. G- C.� � ° � � F�o °�.' � n �' �.. �� " � m ro � c�o �o Q- °' �° � o. o 0 0�° �' n. �. �• :� � � �: .e h � p; �. �' �' � � CD 'o < �' � � � � � � : � � . � � � � � b r z � � O /5� EVALUATION NARRATIVE Recently, the ASAC external evaluators, Claudia Fercello and Ed Siegel from the Center on Reseazch and Evaluation, completed the development of an ASAC database. They are currently modifying the database as we discovered better ways of inputting the informafion. We anticipate that these evaluators will be able to modify the existing database to collect informafion specific to DWI offenders in the DWI Court. If awarded the OJP grant funds, we intend to use approximately $15,000 for this purpose. Since the main goal is to improve public safety by reducing recidivism (specifically, driving- impaired traffic offenses), outcomes related to new artests during and after the program will be particulazly important. Graduation from the DWI Court program occurs when the DWI Court team determines that the participant has successfully integrated the information to support recovery; has completed treatment and aftercaze; has six months continuous sobriety; has paid restitution in full (or has a civil judgment); has compieted work towazd a high schooi diploma or GED; is employed or participating in an educational program; is participating in a recovery support group; and living in a safe, stable residence. All of these data elements will be included in the database. The following qualitative data will be included in our data collection effort: 1) informarion on coordination and collaboration with other agencies; 2) information on changes in the administrative process; 3) services available and utilized; 4) information on treatment services; 5) accomplishments of participants (movements through phases, educational, employment, family, etc.). The following quantitative data will be included in data collection: 1) number of offenders screened, eligible and admitted; 2) characteristics of offenders; 3) characteristics of program; 4) amount and characteristics of services provided; 5) length of time from acceptance to treatment; 5) complete information on court appearances, conditions, and performance; 6) treatment results; 7) employmentleducation results; 8) program completion rates; 9) average time in program; 10) SCRAM and UA results; 11) re-anest rates. The data set will describe the target population by age, sex, race, family status, employxnent status, educational levei, charges, criminal history, drug use history, treatment history, mentai health history and the nature and severity of the participanYs substance abuse problem. These characteristics can be cross-tabbed in any combination to describe the population. For each participant a history of SCRAM and drug test results will be kept; as well as a history of in-program arrests. A complete history of the status hearings will includa information on the dates, conditions imposed, treatment, services received, completion and failure rates, and progress towazds goals. Collecting this information allows the Court to run reports that assist in the analysis of participant characteristics and program statistics. Case Summary Reports, individual reports, and Snapshot Reports will supply information on program services received, . �"I -/� � SCRAM and drug test results, in-program re-anests, length of time in the program, sanctions and rewards, number of court hearings, and complerion status. We will program additional reports and modify current reports needed to analyze the data elements that have been added or modified by the Steering Committee. Process evaluation data will be summarized into three categories for analysis: tazget population characteristics, program implementation and rates of program retention, completions and temunation. Aata will be used in Court to assist the DWI Court in decision-making. Also, data will be available to the case manager to track the participants' progress and assist him or her in daily activities. The data will be used by the Steering Committee to assess DWI Court progress and assist in maldng decisions on the future direction and management of the program. The evaluation will provide ongoing information that can be used by the team within the program to enhance the quality of services. The DWI Court will be able to idenrify difficulries in implementing program services; to measure the progress towards the goals; and to revise progam procedures. The evaluators and the Evaluation Committee members will develop a survey to distribute to all stakeholders including participants, graduates, family members, Steering Committee members and others. This survey is intended to measure satisfaction with the program and to collect suggestions for improvement. The ASAC team has been discussing the possibility of ineasuring the extent of cohesion and consistent decision-making in the staffing process. We would like to extend this analysis to the DWI Court team as well. Regular staristical reports will be included in quarterly reports to the Office of 7ustice programs as well as a yearly process evaluation. � �' CON112ACT FOR SERVICES (non technologyielated) �� /�`� THLSCONt'i�tACT, and amendments mmd supplements the�eto, is bemeen Sbte of Mmnesota, actuig tisough its Suond 7udicial Dirnict, addcess 15 W. Kellogg Bivd., St Paul, MN 55102 (hereinaffer "STATE") and the CiN of St Pavl Police Deoarhnent an mdependent conhactar,notanemployeeoftheStateofMiffiesofa,address 367GroveStreetStPau1�MN SSiol (heiematter"CONIRAC'IOR'�, Wi-7EREAS, tkie STATE, pmsuant to Minnesota Shtutes (2003) 984.68, subdivision 3(b), is empowered to m�age fhe ad�is� affairs of ffie dishict coist, and WFIEREAS, the STATE des¢es toprovide support seivices �d to msise pazticipants aze complying witL WI Coiut niles but lacks sufficient staff, and WEiEREAS, CONTRACTORrepxesents that it is duTy qualified mmd willmg to performthe services set forth hereut. NOW, THEREFORE, it is ageed: 14 L. DUT`IES. CONTRACTOR, who is not a STATE employee, st�al] provide accountrbility and support services for participanu of the Second 7udicial Dish DWI Court project imder the direction of The Judicial DisffiM Adnmiishatar. For eieht (81 hoiss ner week the CONTRACTOR shall nerfonn the followine ctions: 1. Conductrandom and scheduled field visits to participants' home and employment (if appropriate) and providereperzYS to DWI courticasemaz�ager. 2. Perform random breaih testiug during field visiu when appropriate. 3. Attend DWI progam stafliny meetings/cowt/trainings where appropriate and feanble. 4. Participate with oThet criminal jusYice system stakeholders in coatinuing to develop and implement policies and procedures for DWI Cour[ in the Second Judicial District to increase the number of offenders who remain aicobol free,reducerecidivismamongdiunkendrivingoffenders and CONSIDERATION AND TERMS OF PAYMEN'C. A. eshblish a systematic response tow2rd substance abuse issues among all involved agencies in Ramsey County. Consideration for aSl secvices perfoimed and goods or materials supplied by CON1RilCTOI2 pursuant fo ffiis conlract sfiall be paid by the STATE u follows: Compensation: {ortv-seven dollazs ($�M171 ner ho�s. CONIRACTOR sttall not be seitnb�ssed foc traxel and substis+znce e:;penses incuned 'm the perfotmance of tMs conhzct The totat obligation of the STATE for all compensatlon and reimbutsements to CONTRACTOR shall not exceed fifteen ttiousand dollars $15 000. ra Terms af Payment Payments sball be made by the STATE promptly after CONTRACTOR'S presentation of invoices fot services perfomied and acceptauce of such services by the 5TA1B'S authorized agent pursuant to Section VI. Invotices shall be submitted in a form pYescribed by the STATE and according to the following schedule: 1. Monflily upon presentatian of invoices itemizing the costs. 2. CONTAACI'ORshallbeentitledtopayment,detemrinedonaprornpbasis,farservicessatisfactan7yperformed. �. !\�l TSME REQDIItEb7ENTS. CONTRACTOR sha(1 complywitL all of the time requirements descnbed'm Hvs contract. CONDITYONS OF PAYiVIGNT. All services provided by CON11tACTOR pursuant to fltis conhact sf�all be perfamed to ffie salisfaction of the STATE, as detennineA at the sole disctetion of its authorized representaUVe, and in accord with the CONIRACTOR'S duties set forth in section I of this conhzct and all applicable federel, state, and local laws, adinances, rules and regulations. CON'I'RACTOR shall not xeceive payment for work found by the STA1'E to be unsatlsfactory, orperfamed in violation of fedexal, state or local law, ordmance, rule or regutation. TERMS OF CONTRe1CA'- This conhnct st�all be effechve on Januarv 1. 200� and shall remain in efFect until Decemba 31. 2007 or until all obligations set fortt in this conhact t�ave been satisfactorily fiilfilled, whichever occurs first CONTRACTOR iJ1VDERSTANDS THAT NO WORK SHOiILD BEGIN UNDER THIS COtY'LRACT UNTII. ALL REQi7IItED SLGNATURFS HAVE BEEN OBTAINED, AND THE STATE'S AUTHOR77,�D NOTIFIES CON7'RACTOR TO BEGIN WORK SPPDPWtCourt20o'1 _ . �� - VI• CANCELLATION. ' A. This contrec[ maybe cmmcelled by tLe STATE at anytime. wiffi or without cause, upon YLixtY (30) days' written nolice to The offiet pariy. Sn the event of sucb a arncellation, CON'IRACTOR shallbe entifled to payment, detem'mmed on a pro mta basis, for work or services satisfactorily per£ocmed. B. The STATE may i�ediately cancel this contract if it does not obiam fimdm� from ffie Minnesota Legisla4sse, or other fund'mg soiuce; or if fundmg cannot be continued at a]evel sufficient to allow for the payment of the serrices covered here. Cancellation must be by written or facsimile �,a.,cmi�aon nolice to CONTRACtOR The STATE is not obligated to pay for any services iktat are provided after notice �d effective date of " teimmalion. However, CONIRACTORwill be enlitted to payment, deteamned on a pro rnta basis, far secvices sa5sfac[orily perForma3 to ihe ea�ent 1Lat fimds aze available. The STATE will not be assessed any peoaltyif the contract is cancelled baause o£a decision of Yhe Mmnesoh L.egislahae, or other fimdmg soiuce, not to appmpriate fimds. The STATE must provide CONIRACTORnotice of the Iack of fimd'mg within aieasonable time ofthe STATE'S receiving thatnotice. VII. STA1'E'S AS7'THORS7.•ED REPRESENT'A'I'IVE. The STATES Authorized Representative for the pucposes of adxmnistration of tkvs conhzct is Lam Dease, Second 7udicial Distr.ct Adxmnistrator. Such represeniative shall have finai authority for acceptance of CONIRACTOR'S services and if such services are accepted as satisfactory, sktall so certify on each iAVOice subxrutYed pursuantto Section II(B). VIII. ASSIC.;NMENT. CON'CRACTOR sk�all neither assigu nor transfer anyrights or obligatians under tLis canhact without the priar vmitten consent of the STATE. - IX. AMENDMENTS. Any amendments ko this conhact shall be in writing and sktall be executed by the same pariies who executed the original conhzct, or their successors in office. X. LIABII.TTY. CONfRACTOR shall indeamify, save, and hold the STA1'E, its representatives and employees hazmless from any and all claims or caases of action, mclud'mg all attomey's fees inc�ared by the STATE, atising from the perfoxmance of tlus contract by CONTRACTOR or CONTRACTOR'S agents a employees. This clause st�all not be construed to baz any legal temedies CONTRACTOR may }iave for the STATES failure to fulfill its obligahpns pwsuant to this contract XI. STATE AUDITS. The books, records, documenk, and accounting procedures and practices of the CONTRACTOR relevant to this conttact stiall be subject to examination by the contracting depazhnent and the LegislaLive Auditor for a minimum period of six years &om the teimination of this contract Record5 shall be , sufficient to reflect all costs incurzed in performance oftt�is Contract }dL CONFIDENTIALTI'1, DISCLOSiJR� AND USE. CONTRACTOR sktall not disclose to any third pazty any infamation tt�at is both: (A) made available by the STATE or its agents to CONIRACTOR in order to permit CONTRACLORto perfo=mheretmder or is created, gathaed, generated or acquired in acwrdance with this contract; and (B) inaccessible to the public pursuant to the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesoq Supreme Court, as the sazne maybe amended 5nm kme to time. If the CONTRACTOR receives a request to release the informarion refe�red to in tk�is Cla�se, the CONTRACTOR must inmiediately notify the STATE. The STAT'E will give ffie CONTRACTOR instructions conceming the release of the infom�ation to the requesRngpartybefore the infomtation is releued. X1II. RIGHTS IN AND TO IlV£ORMATiON, INVENTIONS, AND MATERIA7.S. A. The STATE siiall own all rights, tifle and interest in all of the materials conceived or cteated by the CONIRACT'OR, or its employees or subcontractrns either individuaIly orjointly with others and wkuch azise out of the perfoxxnance of trus conhact, including any report, study, computer soflwue, database, model, invention, photogaph, negative, audio or ndeo recording, or other item or dowmenfs (haeatter "MATERIALS"). CONiRACTOR hereby assigns to the STATE all rights, titie and intaest to the MATERIATS. CONIRACTOR shall, upon request of [he STATE, execute all papers and perfoxm all otha acts necessazy to assist the STAT'E to obtam and register copyrighfs, patents or other forms of protectlon provided by law for the MA1'ERIAIS. 'Tk�e MATERTAIS created by CONTRACTOR, its employees or subcon4actms, mdividually or joint7y with ofhers shall be considered "works made far lvre" u defined by the United Siates Copyright Act CONTRACT'OR shall ru[nt all of the MATERiAIS W the STATE upon completion, terarination or cancellation of this contract. CONTRACTOR, its employees �d subconhactors s}tali not copy, reproduce, allow or cause to have the MATERIAIS copied or reproduced or used for any pispose other than the performance of the CONTRACTOR'S obligalioas under this contract without the written penxrission of the STATE'S authorized representative. Nothing in tYus Article shail be coushued to lixmt the CONTRACTOR'S obligation to comply wiffi Article XI of tlils contract. B. CONTRACTOR repmsents and watmnts Yhat MATERLSI.S produced or used imder tius contract do not and will not infiinge upon any inteRecNal SPPDDWICOw[2W] U� /5 / properiy rights of another, includ'mg butnot liauted N patenFS, copyrights, hade sectets, hade names, and service marks and namcs. WitLout limiting �secllon X, COIVTRACTOR shall iade�ify and defrnd fhe STATE at COISI'RACTORS expense from any action or claim brought a�imst the STA1'E to the extent that it is based on a claim tl�at all or part of the MA1'ERL4LS mfi'mge upon fhe intellecNal property rights of another. CON'IRACTOA sLall be mspwszble for payuient of any and all such claims, demands, obligations, liabilities, costs, and damages, mclud'mg, but not }innTed to, ieasonable attamey fezs uisuig out of this conhact, �TMP^�1*^P^rs �d s�Qplemenfs thereto, wltich are apnbutable to such cla¢ac or actions. If such a c]aim or action arises, or in C ONT'RACTOR'S or tbe S TATE'S opinioa is 1 ikely to arise, C O1�TRACTOR shaIl, at ihe STATE'S disctetion, eitLer prociue for The STATE the right or license to conliaue usIDg the MA"IERIATS at issue or repiace or modify the allegedly infringing MATERLSLS. This remedy shall be m addition tn and shall not be exclusive to other remedies provided by 1aw. XIV. AFFII2MATiVEAC1ION. A. Covered Contracts and Contractors. Tf this contrnct eCCeeds $100,000 and CONTRACTOR employed more than 40 full-time employees on a single working day duSing the pre��iovs twelve months in Minnesota or in the state where it hu iTS principle place of business, then CONTRACTOR must comply with the sequirements of Minn. Stat § 363.� i3 and Minn. R- Parts 5000.34005G003600. A contractor covered by Minn. Stat. § 363.073 because it employed more than 40 full-rime employees in another state tha[ does not have a certificate of compliance must cer[ify that it is in compliance with fedeml affirmalive action requirements. - B. Minn. Stat. § 363.073. Minn. Stat § 363.073 requires the conhactor to have an affumative acrion plan for the employment of mmoriTy persons, women, and qualified disabled individuals appioved by the Mismesota Commissioner of Human Ri�fs ("Commissione�� as indicated by a cer[ificate of compliance. The law addresses suspension m'revocarion of a certificate of compliance and conhact consequences in that event. A conuact awarded without a certificate of compliance may be voided. G Minn. R Parts 50003400-50003600 provide: General. Minn. R Parts 5000.3400-50003600 implement Minn. Stat. § 363.073. These xules iaclude, but a;e not ]invted to, criteria for contenis, approval, and implementaROn of affiImative action plans; procedures for issuing catificates of compliance and criteria f or detertmning a contractor's compliance staNS; procedures fw addressing deficiencies, sanClions, and notice and heazing; znnual compliance report5; procedures for compliance review; and contract consequences for non-compliance. The speciEc ctiteria for approval or rejectian oF an affimtarive actioQ plan aze wnraicied in vazious provisions of Minn- R Parts 5000.3400-50003600 including, but not li�ted to, parts 50003420-50003500 and 50003552-5000.3559. 2. Disabled Workers. The contractor must comply with the followmg af5tmative action requiremen4 for disabled workers: a The conhactor must not discriminate against atty emgtoyee or app7icant for employment because of physical o; menizi disability in regazd to any posifion for wMch the employee or applicant for employment is qualified. The contractor agrees to i�ke affumative action to employ, advance in emp7oyment, and otherv+ise treat qualified disabled pexsons wiYhout discriminarion baced upon tt�eir physical or mental disabiliTy in ali employment pracrices such as the following: employment, upgrading, demoGon or transfer, reauitment, advertising, layoff or teaxtina5on, zates oFpay or other fomas of compensation, and seleclion for haining, including appreaACeship. T'he contractor agrees to comply with the ru7es and relevant orders. of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. c. In the event of the contractoi's noncompliance with the requirements of this clause, actlons for noncompiiance may be taken in accordance with Minn. Stat. § 363.073, and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. d. The contractor a�ees to post in conspicuous places, available to employees and appiicants for employment, notices in a form to be pcescnbed by the coxmnissioner of the Minnesota Department of Human Rights. Such notices must state the conlracWr s oblignrion under tt�e law to 5ake aiilrma�ve action to employ and advz :n er„ployment quali5ed disabled employees and applicants for emplayment, and ihe righu oF applicants and employees. SPPD DWI Couct 2009 D7 /5� Tlte coniractor must notify each labor union or Iepresentafive of workers vrith which it has a collective bazgaining agreement or other con4actund�standing, that the contractor is bound by the terms of Minn. Stat. § 363.073, of the Mi�esota Human Rights Act and is committed tA take affixmative action m employ and advance in employment physically and xaeatally disabled petsons- D. Consequences. The cansequences for a con4actor's failure to implementits affumarive action ptan or make a good faith effort to do so include, but aze not limited *.o, suspens�on or revocation of a certificale of compliance by the Co�issioner, refusal by ihe Coa¢nissioner W approve subsequent plans, and temvnation of all or part of this contract by the Coum�issioner or the STATE- E. Certificalion. CONTRACTOR bereby certifies that it is m wtapliance with the requirements of Minn. Stat § 363.073 and Ntina. R Pazts 50 00 3 400-500 03 600 and is aware of the consequences for noncox¢pliance. XIV. WORKERS' COMPENSA'STON. In accordance with the provisions of Minnesota Shtutes, Section 176.182, u enaMed, the CONTRACTOR shall provide acceptable evidence of compliu�ce with the workets' c�mpatsarion insisence covernge requuement of Minnesota Stahites, Sulion 176.181, subdivi.sion 2, as enacted,prior to cocmnencementof any duties to be pexfotmed under [his conhact XV. ANTT1TtUST. CONTRACTOR hereby assigns to the State of Minnesoh any and all claixns for overchazges as to goods and/or secvices provided in cannection with ffiis contactresulbng fi'om antihustviolations wluch arise unde[ the antihvstiavrs of the United States and the antihvst laws of the State of Mumesota. XVI. O'PHER PROVISIONS. A. Wamaaties. Original Worla. in perfocming its obligations heceunder, CONTRACTOR will not use or incoipoxate any trade secret infortnation or copyrighted works of authotskup of CONIRACTOR ar of any third party, and e�cept fa components already ut the public domain, all software, documenta4ott, infoxmalion and okher materials provi3ed or fumished by CONTRACTOR in perfemtiug the duties vnder this contract wiIl be ariginal and will notviolate ot in&inge upon the rights of any fltird patty, Protessional Services. CONTRACTOR represents and wazrants to the STATE that it has the proper haining, sidll and background so as to be abk to perfomi all services requized of CO1V'LRACTQR puxsuant To tUis conhzct in a competent and professional maaner, and all such work shall be of professional quality. 3. MuWal Representations and Warranties. CON7RACTOR and the STATE each reptesrnt and wazrant to the othu that: a) it Fias the full rigM, power and authority to enter into llvs cantract and to perFonn fully atl of its obligations hereunder, b) it is free of any obligation or reshichon $tat would prevent it fmm entering into this contrac{ or from perfomilng fully any of iYS obligafions hereunder; and c) it has not emeaed imo and will not erner into any conhactwhich would impede the full per£oxmance of its obligations hereunder or wou]d in any way limit or resh'ict the righis of the other under this contract B. Patent and Copyriglit 7ademnity. Withoutlimitutg se�tion X, CONTRACTOR sttall indenmify the STATE and hold it harmless against any claim that the o,vrk performed or xnaterizl provided hereunder infiinges or molates the patent, copyfigkrt, or 4ade secret rigfits of any $�'vd party. CONTRACTOit shall pay any and all resulting costs, expenses (mcluding attorneyts fees), daznages and/or liabilities associated with or resulting from �y such claixn C. Inju¢¢tive Relief Without limiting secrion X, CONTRACTOR acknowledges that the STATP, will be iireparably hazmed if CONTRACTOR'S obligatians undei sections XII, XIII, aud XVII.E. of this conhact aze not specifically enfotced and that the STATE would not have an adequate rexnedy at law in ffie event of an acfual or threatened violation by CONTRACTOR of its obligations. Therefore, CONTRACTOR agrees tUat the STATE shall be eptitled to an mjunction or any appropriate decree of specific performance for any acNal or tlueatened violafion or breach by W23'IRACTOR without the nacessity of the STATE showing actual damages or that monetary damages would not afford an adequate remedy. CONTRACTOR shall be liable to the STATH For reasonable attomey's fees incuned by the STATE in obttinin$ any relief pursuant to tfiis section. D. Relationship of the Parties. CONCRACTOR is an independent coniractor and sball not be deemed for any puipose to be an employee of the STATE. CONTRACTOR understands and agrees that ffie STATE is notwitUholding any taees from the fees paid to CONTRACTORpursuantto tins srrnnvncowxaoo� . o�-�� coniract and tha[ CON'IRACTOR is soleiy responsible for any tazes and other amovnts w be paid as a result of the fees paid to CONTRACTOR piusuant to Hris con4act Neither CONTRACTOR nor the STATE shall ]�ave the righi nor the authoriTy to assume, create or inc�a any liability or ' obligation of azvyldnd, eapras or unplied, a�inst or in the name of or on be}iatf of the other. fi. Canseat to Release oF Certain Data Under Minn. Stat § 270.66 and othei agplicable law, CONI2ZACTOR cansents to disclos�se of its social secuiity n�ber, fedemt employer Earz idenlificatiom m�nber, and/or Mirmesota Eas identification number, alieady provided m the STATE, to federe] and state taY agencies and state peisonnei mvolved in the paymeat of state obligations- These identification manbers may be used m the enfomzment of federal and state tax laws which coutd resuk m ac�on zequumg CQN'IRAGTOR to file state tac renxms and pay delmquent aKate tu liabililies, if �y. P. Rublicitp.AnypubliciryregardingthesssbjectmatterofthiscontractmustidentifytheSTATEasthesponsoringagencyandmustnotbe released witLout the prior written apprwal from Yhe STATE'S Authorized Represe¢tarive. For purposes of Uvs provision, publiciTy includes Ilotices, infrnmational pampLlets, press releases, research, reports, signs, and sixmlaz public notices prepazed by or for CONTRACTOR individually or jointly with othecs, or any subconhactors, with respect to the pro$am, publications, or services provided resulting from this contract Notwithstanding anything in i}ris contract to the contr�y, either party may disclose in the public the existence oi this coniract, the pariies to the contact, and the materiai terms of the contnct, including price, projected teim, and scope of work. G. Endorsement WNTRACTOR must not claim that the STATE endolses its products or Services. H. Notices. A ny written notice hereunder shall be deemed to fiave been received when: (A) personally delivezed; (S) sent by con5xxned facsixmle hansmission or telegam; (C) sent by commercial ovemigM courits with written verification of receipt; a(D) scvenTy-two (72) hours after it has been deposited in the United States mai1, fust class, ptoper postag� prepaid, addressed to the pazty to whom it is intended at (1) the address 5rst set forth herein, if to CONTRACTOR; (2) at the address ficst set forth herein, if to ihe STATE, with a copy to Legai Counsel Di+rision, 145 Mionesoha Judicial Center, 25 1Zev. Maztin Luther King, Ir. Blvd, St. Paul, MN 55155; or (3) at such other address of which writtennoticehasbeengivznin accordanceherewith Non-Exclusirity. This contract Shall not preclude CONTRACTOR from developing mate[ials ontside this coirtract that aze competi4ve, inespective of theu sinnlariTy to materiaLs delivered ro the STAT& imder tMs conhact provided, however, that such materials prepazed by CONTRACTOR shall not violate the nondisclosure and intellectual property provisions of this conlract Nodung m this contract sttall be consWed as precluding or limiting in any way the right of CONIRACTOR to ptovide serrices of any ldrei to any pe�'son or enrity as CONTI2ACTOR in rts sole discrerion deems appropriate. Miscellaueous. t. The provisions of sections VII, X, HI, XII, XIlI, XVI, and XVII shall survive any cancellafion or telminarion of this contracC 2. The failute by either Pariy at any rime to enforce any of the provisions of this Contract or any rigt�t or remedy available hereunder or at law m in equiry, or W e�rcise any oplion herein provided, shall not consritute a waiver of such piovision, rigM, iemedy or option or in any Way affect tk�e validity of this conhact The waiver of any default by either Party shall not be deemed a confinuing waiver, but shall apply solely to the instance to which such waiver is directed. 3. This conh�act shall in all respects be govexned by and inteipreted, construed and enforced in accordance with the laws of the United States oF America and of the State of Minnesota, without regard to Minnuota's choice of law provisions. Any action arising out of or telafing to this con�act, its pecfo[mance, enforcemeat or bxeach will be venued in a state or federal court siNated within tUe State oF Minnesota. CONTRACTOR hereby iirevocably consents and submits itself to the personal jurisdiction of said courts for that pwpose. 4. Every provision of trus contract shall be construed, to the extent possble, so u to be va]id and enforceable. If anY Provision of this contract so construed is held by a court of competent jisisdiction to be invalid, ffiegai oi othemise imenfoiceable, such provision shall be deemed severed from tivs contract, and all other provisions shall remain in ffiII force and effect 5. This contract sets fortti the enrire agrezmeat and undezstanding between rhe Parties regatding tUe subject matter hereof and supersedes any prior representations, statements, proposals, negoharions, discussions, understanding5, or a�m'eements regazding the SPPP DR'I Cmat 20D] o� �sy same subject matter, provided that all temis and condifions of all preeaisting contracis or ageements behveen the parbes sha71 continue in full force and effect except as supplemented or modified by this conhact Tn the event of any incoasistency or conflict between ffieterms of this canhact and azry other agreementbetween thepariies, the teims of this conhact shall govern. SPPDDWiCOw2200"! �. "Af `F7ITNFSS WFIEREO�, the pariies have caused ttus contract to be duly �cecuted intending to be bound theceby. 1. CONTRACTpR City of St Paul Police Depaztment DWICoiat CONTRACTOR certifies Yhat the appropriafe persons have executed the contract on behalf of CONTRACTOR as myu¢ed by applicable articles, by-laws, resolutioas or ordinances. (If a cocporation with more than one individual serving as coipornte officer, two co=porate officers must execute) By Title , A � { Date � nrte: 1�G(.d.✓lU>Y U Date � rti� �l i`-P C� � -'—� y�atla'lC!ti� �i�t�tLt�S Datc 2. STATE: Second 7udicial District D7-/�I Attn: DanIamdS¢om, 900CEi Person signing cectifies tktat applicabieprocutement policies have been fo➢owed. Wk�ere contrzct and amendments exceed $50,000, signatise of State CouR Adn�istratDr or her/his Deputy is also reqirired. B Tirte Date By Title D¢te 3. F�mds have been encumbered as requued by State CourtFinance Policy by: B ZZPIe' Da�e Conbact No. SPPD DWI Comt 200] 4. Approved as N form and ezecutlon for STATE�by