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HomeMy WebLinkAboutResolution 2023-092 Approving and Authorizing the Police Chief to Execute an agreement between Pima County Superior Court and Marana Police Department MARANA RESOLUTION NO. 2023-092 RELATING TO THE POLICE DEPARTMENT; APPROVING AND AUTHORIZING THE POLICE CHIEF TO EXECUTE AN AGREEMENT BETWEEN PIMA COUNTY SUPERIOR COURT AND MARANA POLICE DEPARTMENT TO ALLOW THE EXCHANGE OF COURT INFORMATION TO DETERMINE DISPOSITION OF CASES WHEREAS the Pima County Superior Court's STEPs program (Supportive Treatment and Engagement Program) is an evidence-based, pre-indictment drug diversion court providing short-term targeted treatment to suspects charged with first- or second-time felony drug possession; and WHEREAS Marana Police Department (MPD) currently has over 50 cases involving suspects arrested for drug-related charges that were entered into the STEPs program; and WHEREAS MPD is currently unable to gather necessary information regarding disposition of cases entered into the STEPs program so that MPD can accurately classify, clear, and properly document adjudication for drug-related arrest cases; and WHEREAS the agreement between Pima County Superior Court and MPD would allow for the exchange of information to determine the disposition of MPD cases entered into the STEPs program; and WHEREAS the Town Council finds that it is in the best interests of the community to enter into an agreement with Pima County Superior Court to allow the exchange of information to determine disposition of cases entered into the STEPs program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, as follows: SECTION 1. The agreement between Pima County Superior Court and MPD to allow the exchange of information to determine disposition of cases, attached to and incorporated by this reference in this resolution as Exhibit A, is hereby approved,and the Police Chief is hereby authorized and directed to execute it for and on behalf of the Town of Marana. SECTION 2. The Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the agreement. 00089075.DOCX/2 Resolution No.2023-092 - 1 - PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 19th day of September, 2023. Mayor Ed Honea ATTEST: APP r •VED AS TO FORM: David L. Udall, Town Clerk .e Fairall, Town Attorney 1966" MARANA AZ ESTABLISHED 1977 00089075.DOCX/2 Resolution No.2023-092 - 2- Exhibit A to Marana Resolution No. 2023-092 ARIZONA SUPERIOR COURT IN PIMA COUNTY AND MARANA POLICE DEPARTMENT This agreement is between the Superior Court of Pima County, hereafter called the COURT, and Marana Police Department, hereafter called CONTRACTOR enter into this Agreement as provided below: 1. Purpose - This Agreement is intended to allow the exchange of information, between the Court and the Marana Police Department. The Marana Police Department intends to gather STEPS program information from the court so it can accurately classify, clear and properly document adjudication for drug related arrest crimes. Currently the Marana Police Department has over 50 cases where a suspect was arrested for drug related charges with no court adjudication knowledge of the cases because the defendants were entered into the STEPS program. The Marana Police Department intends to mine the information provided so it can cross reference our"open" cases so a disposition can be attached and the cases can be closed. 2. Effective Date - This Memorandum of Understanding (MOU) shall begin upon execution and shall terminate on September 30, 2024, unless the parties mutually agree upon an extension. 3. Because STEPS program information is not separated by arresting agency or arresting agency case report number, the Marana Police Department requests information for all STEPS program defendants. Once this list is received, the Marana Police Department will cross reference defendant names and submit the Marana Police Department specific cases back to the Court to gather adjudication/STEPS completion or failure information. This information will allow the Marana Police Department to add proper disposition or seek further prosecution to its drug association cases with no known disposition. The parties shall meet and agree to the methods of how the data exchanges will occur. Examples of methods include but are not limited to the following: phone call, Teams call, and encrypted email. The parties' final agreement regarding the methods of exchanging data shall be included in the collaborative protocols or as an exhibit to this agreement. Data element reporting is limited to only STEPS program and defendant information available at the time of report generation. Some data elements may not be available at all due to lack of participant disclosure; other data elements are dynamic and may change over time. 4. Payment—Not applicable 5. Confidentiality of Records -The provision and use of all information covered by the terms of this Agreement shall be in strict compliance with federal and state statutes, court rules, and regulations concerning confidentiality,in particular,A.R.S. § 8-807,and Rule 123,Rules of the Supreme Court. Contractor has procedures and controls which allow the distinction between confidential records and records that must be disclosed under public records law. The Court will assist Contractor in making this distinction in response to a public records 00091771.DOCX/1 Exhibit A to Marana Resolution No. 2023-092 request for Court records. Contractor also agrees that personally identifiable records and information (PII) identified or obtained as part of the data and information sharing process shall be deemed to be confidential and shall not be divulged to the public, unless authorized by the Court or required by law. Dissemination to public or private entities or offices shall only occur as stated in this Agreement or required by law. 6. Insurance—Pima County Superior Court is insured by the State of Arizona Department of Administration Risk Management Division. The Town of Marana is insured by the Arizona Municipal Risk Retention Pool. 7. Cancellation. This Agreement is subject to cancellation provisions pursuant to A.R.S. § 38- 511. Either party may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement, on behalf of the party canceling the agreement is, at any time while this Agreement or any extension is in effect, an employee or agent of the other party with respect to the subject matter of this Agreement. 8. Waiver. None of the provisions of the Agreement may be waived,changed,or altered except in writing signed by both parties. 9. Indemnification. Each party (as Indemnitor) agrees to defend, indemnify, and hold harmless the other party(as Indemnitee),from and against any and all claims,losses,liability, costs,or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as Claims) arising out of bodily injury of any person (including death) or property damage, but only to the extent that such Claims which result in vicarious/derivative liability to the Indemnitee are caused by the act, omission, negligence, misconduct, or other fault of the Indemnitor, its officers, officials, agents, employees, or volunteers. 10. Records. Pursuant to A.R.S. §§ 35-214 and 35-215, Contractor shall retain all data books and other records ("records") relating to this Agreement for a period of five years after completion of the Agreement. All records shall be subject to inspection and audit by the state of Arizona at reasonable times. Upon request, Contractor shall produce the original of any or all such records. 11. Non-Discrimination. The parties shall comply with Executive Order 2009-9, which mandates that all persons, regardless of race, color, religion, sex, age, national origin or political affiliation, shall have equal access to employment opportunities, and all other applicable state and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act. Contractor shall take affirmative action to ensure that applicants for employment and employees are not discriminated against due to race, creed, color,religion, sex, national origin or disability. 12. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of Arizona. 13. Dispute Resolution. The parties to this Agreement agree to resolve all disputes arising out of or relating to this Agreement through arbitration, after exhausting applicable administrative review,to the extend required by A.R.S. § 12-1518 except as may be required by other applicable statutes. 00091771.DOCX/1 Exhibit A to Marana Resolution No. 2023-092 17. Special Terms and Conditions for Records Access Agreements. Contractor agrees to the following: A. Duty to protect records. Contractor shall protect the data from unauthorized access and misuse and shall ensure the security and confidentiality of any data that are sealed or closed by rule 123 or any other rule or law. B. Unauthorized re-dissemination prohibited. Contractor will not copy or re-disseminate any data that are sealed or closed by rule or law other than for the stated purposes. C. Commercial use prohibited. Contractor will not use the data to sell a product or service to an individual or the general public. D. Employee training. Contractor will inform its employees of the requirements imposed by applicable federal and state laws, rules, and terms of this Agreement. E. Correcting data errors. If requested by the individual who is the subject of any data provided, Contractor will cooperate with the individual and the Court in correcting any inaccurate or incomplete records provided by the Court. Contractor will notify Court of any data inaccuracies identified by Contractor. F. Response to public records requests. Contractor agrees to consult with the Court prior to releasing any data provided under this Agreement in response to a public records request. G. Merging records. Prior to merging any data obtained from the Court with other data concerning an individual or organization, Contractor will ensure there is sufficient identifying information to reasonably conclude that the data concerns the same individual or organization. H. Change management. The parties shall agree on a change management process and allocation of responsibilities for ensuring any unilateral software modifications do not disrupt the ongoing exchange of electronic case record information. I. Compliance with audits and investigations. Contractor agrees that the Court may audit Contractor's compliance with the terms and conditions of this Agreement and that Contractor will permit the Court's use of and access to the data provided. J. Assignment—The parties shall agree on how the records or data will be exchanged, and if done so electronically, the format, timing, and frequency of exchanges. K. Release of records-All applicable rules and laws pertaining to the release of the records and data have been disclosed by the parties. 00091771.DOCX/1 Exhibit A to Marana Resolution No. 2023-092 18. Entire Understanding -This Agreement contains the entire understanding of the parties. There are no representations or other provisions other than those contained herein, and every amendment or modification of this Agreement shall be made only in writing and signed by the parties to this Agreement. 19. Notice - Notice required pursuant to the terms of this Contract shall be in writing and shall be directed to the Court's contract administrator and Contractors representative at the addresses specified immediately below or to such other persons or addresses as either party may designate to the other party by written notice. Notice shall be delivered in person or by certified mail, return receipt requested. Notice to the Court: Notice to the Contractor: Arizona Superior Court in Pima County Marana Police Department 110 W. Congress 11555 West Civic Center Drive Tucson, Arizona 85701 Marana, AZ 85653 Attn: Adam Redding Attn: Police Chief Reuben Nunez Contract and Procurement Manager IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS INSTRUMENT BY PROPER PERSONS THEREUNTO DULY AUTHORIZED SO TO DO THE DAY AND YEAR FIRST BELOW WRITTEN. ARIZONA SUPERIOR COURT Hon. Jeffrey T. Bergin, Presiding Judge Interim Chief Roberto Jimenez, Marana Police Dept. Date: Date: 00091771.DOCX/1