10-10-2012 Council Agenda - Laserfiche WebLink

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D. Provide necessary responses, correspondence, and follow -up of telephone inquiries to address issues or questions of Participants. E. Properly maintain all physical files, financial records, documentation, reports, computer files, etc. as required by law or requested by the City. P. Conduct classes designed to teach and provide meaningful information and lessons to Participants on licensure, criminal consequences, and other appropriate topics. G. Schedule and conduct all classes necessary for the program, which shall include but not be limited to development of curriculum, provision of appropriate materials, and provision of appropriate space /locations for the classes. H. Maintain and provide records to the City of eligible Participants, including payment of fees, records of attendance and successful completion or failure to attend the training session. 7. Program Operational Fees /Revenue: Participant Fees A. The fee for participation in the program will be payment of the Education Class Fee of $350.00, which is directly payable to Diversion Solutions by the Participant. B. Fee Division: For each Participant enrolled in the program, $100.00 of the Education Class Fee will be paid to City and $250.00 will be retained by Diversion Solutions. C. An additional fee of $20.00 will be assessed to a Participant who fails to appear at a designated education class and has to re- schedule. This fee will be assessed each time the Participant has to re- schedule. Rescheduling may occur up to three (3) times before referring the Participant to the City Attorney as failing to appear. All rescheduling fees shall be maintained by Diversion Solutions in full. S. Non - Compete — During the term of this agreement, the City shall not establish a competing program or any other similar program that addresses driver's License diversions. 9. City has no Financial Liability - It is understood and agreed by and between the parties that Diversion Solutions will bear all financial liability for all aspects of its operations under this Agreement. 10. Termination of this Agreement: A. This Agreement may be terminated at any time, without cause, by either party upon 30 days written notice to the authorized agent of the City or Diversion Solutions. 13. This Agreement may be immediately terminated by the City at any time if the City determines that Diversion Solutions is acting, or has acted at any time during the term of this Agreement, in violation of state or federal law, 11. Amendments or Material Modifications - All amendments or modifications to this Agreement must he in writing and approved by both parties. 12. No City Obligation - Diversion Solutions and Participants who participate in this program fully understand that the Program is a public service, and the City is held harmless and has no liability to make recovery or obligation to take criminal action against Participant(s). 13. Criminal Action — Full cancellation of the citation which supported participation in the diversion program is not guaranteed until successful completion of the entire program. Diversion Solutions acknowledges, and will advise all Participants that, the City Attorney's Office may reinstate the citation which brought the Participant(s) to the program if the Participant fails to participate or complete the program. 2 4