GLENDALE HA DATAUSEAGMT (00).PDF
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Data Use Agreement between Maricopa County, Department of Public Health And City of Glendale, Glendale Housing Authority Background and Purpose: Houses and apartments built prior to the 1978 federal ban of lead-based paint have an increased risk of containing lead. An estimated 24 million housing units in the United States are contaminated. Lead sources may come from deteriorating paint, dust, and soil. Lead paint that is peeling, chipping, chalking, cracking, or damaged due to age or high impact is highly hazardous. The United States Department of Housing and Urban Development (HUD) addressed the issue of environmental lead in federally owned and subsidized housing with the Lead Safe Housing Rule (24 CFR 35, subparts H (Project Based Assistance, including Multifamily Residential Properties), L (Public Housing Programs), and M (Tenant-Based Rental Assistance – Housing Choice Voucher Program), which requires Housing Authorities to complete an environmental investigation and lead-based paint hazard reduction (when applicable) of the dwelling unit to which the subpart applies, when a child aged six or less has been identified with an elevated blood lead level of 5 µg/dL or greater. Lead poisoning can cause serious developmental damage to children that can last a lifetime, yet it is completely preventable if lead hazards are removed. The purpose of this project is to eliminate as far as practicable the incidence of childhood lead poisoning due to environmental causes in the home by monitoring lead poisoning reports and implementing environmental remediation when needed. Process: In the proposed project, childhood blood lead level data reported in Maricopa County will be used to determine locations for environmental testing on dwelling units in Maricopa County to which the Lead Safe Housing Rule Subparts H, L, and M apply. If environmental treatment and/or remediation is necessary, it will be completed by the responsible owner. All results will be reported by the Glendale Housing Authority (GHA) to the Maricopa County Department of Public Health (MCDPH) and Arizona Department of Health Services (ADHS). Glendale Housing Authority will: 1. Provide MCDPH with quarterly list of current addresses of the Housing Authority dwelling units to which the Lead Safe Housing Rule Subpart M applies. 2. Provide MCDPH with a one-time list of dwelling units to which the Lead Safe Housing Rule Subpart H and L apply, if applicable. a. Provide MCDPH with notification regarding any addresses that have converted out of Glendale Housing Authority’s inventory through the Rental Assistance Demonstration (RAD) Program, when applicable. 3. Provide MCDPH with monthly reports on a date agreed upon by both parties. Reports will include any action taken to conduct environmental testing and/or remediation on a Housing Authority dwelling unit identified by MCDPH as the residence of a child under age 6 with a confirmed positive blood lead level of 5 µg/dL or greater, or a statement indicating that no environmental testing and/or remediation occurred, if/when applicable. Maricopa County Department of Public Health will: 1. Determine if any child under six that tests positive for an elevated blood lead level of 5 µg/dL or greater resides in an applicable Housing Authority dwelling unit. MCDPH will provide the addresses of any positive cases to GHA on a monthly basis. 2. Provide ADHS with data received from GHA regarding actions taken to conduct environmental testing and/or remediation. Data Use Restrictions: By using and exchanging this data, GHA and MCDPH users agree to comply with the following data use restrictions. The Maricopa County Department of Public Health does everything in its power to assure that the identity of data subjects cannot be disclosed. All direct identifiers including name, social security number, and date of birth, as well as any characteristics that might lead to identification, are omitted from the dataset. These direct identifiers should be treated as “Confidential Information.” Users shall not attempt to identify individuals from any computer file, nor shall they link with a computer file containing patient identifiers. Any intentional identification or disclosure of a person or establishment violates the assurances of confidentiality given to the providers of the information. Therefore, MCDPH and GHA personnel (users) must agree to the following provisions: 1. Users will not use nor permit others to use the data in any way other than for the purposes of identifying locations to carry out environmental testing. 2. Users will not attempt to link, nor permit others to link the data with individually identified records in other MCDPH or non-MCDPH databases. 3. Users will not attempt to learn the identity of any person whose address is contained in the supplied file(s). 4. If the identity of any person is discovered inadvertently, then the following action should be taken: a. No use will be made of this knowledge b. Users will not share the discovered identity with others c. The receiving party shall inform the other of the inadvertent disclosure 5. Users shall hold the Confidential Information in confidence and protect it in accordance with the same degree of care with which it protects its own confidential information of like importance which it does not wish to disclose, but in no event less than reasonable care. 6. Users will not release nor permit others to release the data in full or in part to any person except with the written approval of MCDPH. 7. If accessing the data from a centralized location on a time-sharing computer system or LAN, users will not share their logon name and password with any other individuals. Users will also not allow any other individuals to use their computer account after they have logged on with their logon name and password. 8. GHA will share any results/findings from analysis of these data with MCDPH before findings are presented outside the requesting organization. 9. Users will be held accountable for any violation of these data use restrictions. In the event that “Recipient” (either party who has received a request for information) or any of its employees is requested or required by law (including Arizona Public Records law, A.R.S. §§ 39-101 et seq.), judicial or governmental order, deposition, interrogatory, request for documents, subpoena, civil investigative demand or other legal process to disclose any of the Confidential Information, Recipient must first provide “Provider” (the other party) with prompt written notice of such requirement so that Provider may seek an appropriate protective order, unless, as confirmed by the opinion of its counsel, providing such notice would itself constitute a violation of law. If Recipient is nevertheless legally to disclose Confidential Information, then Recipient shall only disclose that portion of the Confidential Information that is legally required to be disclosed. In such an event, Recipient shall take reasonable efforts to obtain assurance that confidential treatment will be accorded to that portion of the Confidential Information being disclosed. In no event shall Recipient oppose action by Provider to obtain an appropriate protective order or other reliable assurance that confidential treatment will be accorded the Confidential Information and any and all costs to obtain a protective order or otherwise prohibit disclosure shall be the sole responsibility of Provider. IN WITNESS WHEREOF, the parties hereto have, by duly authorized persons, executed this Agreement, as of the date first above written. Signatures/Approvals: FOR: Maricopa County, by and FOR: Glendale Housing Authority Through its Department of Public Health Bill Gates Date Date Chairman, Board of Supervisors Executive Director APPROVED AS TO FORM: ATTORNEY FOR COUNTY DATE ATTEST: ________________________________________________ OFFICE OF THE CLERK OF THE BOARD DATE