ASU MCSO DATA SHARINGPARTIALLYSIGNED.PDF

Data Sharing Agreement
Between
Maricopa County on behalf of the
Maricopa County Sheriff’s Office (MCSO)
and the
Arizona Board of Regents for and on behalf of
Arizona State University (ASU)
1. TERM OF THE AGREEMENT:
The term of this Agreement shall become effective upon last signature below and shall remain in effect
through December 31, 2019 unless terminated, canceled or extended as otherwise provided herein.
2. TERMINATION OR AMENDMENT:
Each party shall have the right to terminate this Agreement without cause by mailing the other party
written notice of termination by certified mail, return receipt requested, at least thirty (30) days prior to
the termination date. Each party shall have the right to terminate this Agreement for cause (i.e., upon
breach) upon providing the other party with written notice of such cause and allowing ten (10) days for
the breaching party to cure the default. If the breaching party fails to cure the default, then the
Agreement will be terminated immediately. This Agreement may be modified at any time by mutual
written Amendment in order to accommodate unforeseen circumstances by the authorized
representative of the respective parties.
3. CONFIDENTIALITY:
A. Any information that may be exchanged through this Agreement shall not be used for purposes
other than those covered in section 12 Scope of Work without prior approval of all parties to
this Agreement.
B. Neither confidential medical information nor personally identifying information that may be
exchanged through this Agreement shall be made available for any political or commercial
purpose, nor shall such information be used as basis for determining eligibility for care or source
of payment for care to any individual.
C. ASU designates the following personnel as individuals who will receive, use or disclose the data
on its behalf:
All individuals identified in ASU Institutional Review Board (IRB) Protocol No.
STUDY00001484, including any individuals named in authorized IRB modifications or
amendments, which occur during the Length of Agreement specified above. ASU will
notify MCSO of the names and other appropriate identification information regarding
those individuals, following execution of the Agreement and will provide MCSO with
updates to that information promptly upon any changes throughout the term of this
Agreement.
D. ASU will implement appropriate safeguards to prevent the use or disclosure of the data not
otherwise permitted in this Agreement.
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4. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPAA) COMPLIANCE:
A. All parties agree to adhere to the applicable provisions of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA) Privacy and Security Rules as defined in 45 CFR Parts 160, and
164 and under the HIS Circular No. 2003-02 for policy and procedures.
B. Parties warrant that they will cooperate with the State in the course of performance of the
Agreement so that both parties will be in compliance with HIPAA, including cooperation and
coordination with State privacy officials and other compliance officers required by HIPAA and its
documents that are reasonably necessary to keep both parties in compliance with HIPAA,
including but not limited to business associate agreements, pledge of confidentiality, HIPAA
training certification or other HIPAA related compliance documents.
5. APPLICABLE LAW:
Arizona Law. Applicable law of Arizona applies to this Agreement including, where applicable, the Uniform
Commercial Code as adopted by the State of Arizona.
6. CONFLICT OF INTEREST:
Pursuant to A.R.S. 38-511, the State, its political subdivisions or any department or agency of either may,
within four (4) years after its execution, cancel any Agreement, without penalty or further obligation,
made by the State, its political subdivisions, or any of the departments or agencies of either if any person
significantly involved in initiating, negotiating, securing, drafting or creating the Agreement on behalf of
the State, its political subdivisions or any of the departments or agencies of either is, at any time while
the Agreement or any extension of the Agreement is in effect, an employee or agent of any other party
to the Agreement in any capacity or a consultant to any other party of the Agreement with respect to the
subject matter of the Agreement. A cancellation made pursuant to this provision shall be effective when
ASU receives written notice of the cancellation unless the notice specifies a later time.
7. ARBITRATION:
Pursuant to A.R.S. 12-1518, disputes under this Agreement shall be resolved through the use of
arbitration as follows:
A. Cases under the Jurisdictional Limit. In all cases filed in superior court in which the court finds or the
parties agree that the amount in controversy does not exceed the jurisdictional limit; arbitration shall
be used, unless all parties file a written stipulation waiving the arbitration requirement, and the court
waives the arbitration requirement on a showing of good cause.
8. FUNDING:
This Agreement is not an obligation of or a commitment of funds, or a basis for a transfer of funds, but
rather a statement of understanding between the Parties concerning the sharing and use of confidential
information related to the purposes of this Agreement
9. INSURANCE:
The MCSO and ASU are self-insured for liability per A.R.S. 41-621.
10. BACKGROUND:
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The MCSO, by collaborating with ASU’s Center for Violence Prevention and Community Safety (CENTER),
supports participation in the Centers for Disease Control and Prevention’s (CDC) National Violent Death
Reporting System (NVDRS) in Arizona (AZ-VDRS). Recently, the NVDRS expanded to its current level of
32 participating states across the country, of which Arizona was among the 14 new states. The NVDRS
compiles statewide, comprehensive data on violent deaths by collecting information from death
certificates, medical examiner reports, police departments, and other appropriate state, county, local,
or tribal agencies. Objectives of these statewide surveillance systems include providing comprehensive
snapshots of violent incidents to further understand such events and informing communities, policy
makers, planners, and decision makers on violent deaths so that preventive programs can be enacted.
Establishment of the AZ-VDRS enables increased scientific understanding of violent injury through
research, translation of research findings into prevention strategies, and the dissemination of knowledge
of violent injury and prevention to professionals and the public. Data collection for the project will be
sponsored by the CDC and coordinated by the research team at the CENTER.
11. PURPOSE:
This Agreement establishes the basis for the MCSO to share with the CENTER police report information
on incidents leading to violent deaths occurring in Arizona. This data will be used for the purpose of
contributing to the AZ-VDRS by providing accurate, comprehensive, and objective information regarding
violent deaths.
The sharing of police report data will be in accordance with the terms and conditions stated in this
agreement and predicated on the mutual assurance that all unique identifiers in these data will be
protected and kept strictly confidential.
12. SCOPE OF WORK:
I. MCSO agrees to provide or continue to provide the CENTER with the following:
a. Confidential police report data, but only for incidents involving violent deaths (defined by ICD-
10 codes to include all manner of death classified as suicide, homicide, or undetermined
firearm death), related to incident narrative, person type (victim/suspect), name address, age,
sex, race, ethnicity, when and where (injury/death), additional person descriptors, wounds,
associated circumstances, victim suspect relationship, history of victim abuse, suspect was
victim caretaker, firearm descriptors, poison details, weapon used by/on person, person
purchasing firearm, and any other available person descriptors for individuals residing within
or events occurring within Arizona.
i. The above noted data will be made available to the CENTER from January 1, 2015 and
forward.
ii. The above noted data will be made available to the CENTER on a monthly basis.
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b. Confidential supplemental homicide report data related to person type (victim/suspect), name
address, age, sex, race, ethnicity, additional person descriptors, associated circumstances,
weapon used by /on person, and any other available person descriptors for individuals residing
within or events occurring within Arizona.
i. The above noted data will be made available to the CENTER from January 1, 2015 and
forward.
ii. The above noted data will be made available to the CENTER on a monthly basis.
c. Within this agreement, it is understood that at least 99% of police reports (and associated data)
are available within 90 days of death and are then ready to be shared with ASU. The preceding
sentence merely expressly the understanding of the parties regarding past time frames relating
to police reports, it is not a representation or warranty by any party.
d. The name or names of the MCSO employees that will provide the information designated under
Section I. Immediate notification will occur when there are any changes in this list of employees.
e. A MCSO employee who will serve on the AZ-VDRS statewide advisory board.
II. ASU agrees to provide MCSO with:
a. A description of the security measures that are in place to maintain the confidentiality of the
data being received. These measures at a minimum should follow the recommendations for the
“Security Considerations for Applicants” prepared by the Human Subjects Review Board of the
ADHS. This information will be provided prior to or promptly following execution of this
Agreement.
b. Analytical support for matters related to data collected as part of the Arizona Violent Death
Reporting System. The scope, nature, and frequency of the support will be mutually agreed
upon by both parties in writing after funding has been secured. MCSO shall not have any
obligation to provide data under this Agreement unless and until the parties have reached
agreement on the scope, nature, and frequency of the support described in this section.
III. Confidential Information:
a. The parties agree to provide information following a mutually agreeable format and that the
information shall be marked confidential if disclosed in written or other tangible form, or if
disclosed orally or visually, identified as confidential at the time of disclosure and reduced to
writing and marked confidential and transmitted to the receiving party within thirty (30) days of
the initial disclosure.
b. ASU will not use, or disclose to any third party, confidential information of MCSO in any manner
whatsoever except as authorized pursuant to this Agreement, and will require that its employees
and agents who have access to such information will not use, or disclose MCSO information for
three (3) years after the termination of this Agreement, except as authorized under this
Agreement; provided that the CENTER’s obligations hereunder shall not apply to information
that was already known to receiving party prior to the time of first disclosure, as demonstrated
by contemporaneous, written documentation; or
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i. At the time of disclosure is in the public domain, or after the date of the disclosure,
lawfully becomes a part of the public domain other than through breach of this
Agreement by receiving party; or
ii. Is received without any obligation of confidentiality from a third party having a legal
right to disclose the same; or
iii. Is independently developed by the receiving party by individuals without access to
such information, as demonstrated by contemporaneous, written documentation; or
iv. Is required to be disclosed by the receiving party pursuant to a legally enforceable
order, subpoena, or other regulation (“ORDER”), provided, however, that the receiving
party promptly notifies the disclosing party in advance of such disclosure and discloses
only that INFORMATION necessary to comply with said ORDER.
IV. The parties agree to
a. Carefully restrict use and access of information to those designated by the CENTER. Data provided
by MCSO pursuant to this Agreement are for the use of the AZ-VDRS only and no copies may be
made of such records to provide to other individuals or entities for other purposes.
b. Prohibit identifying information about a person that was supplied under the terms of this
agreement from being released to anyone not working on AZ-VDRS data collection, or the
development of the AZ-VDRS.
c. Require all officers, agents and employees to keep all such shared information strictly confidential.
To communicate the requirements for this section to all officers, agents and employees, to
discipline all persons who may violate the requirements of this section and to notify the originating
party in writing within forty-eight (48) hours of any violation and corrective actions to be taken.
d. A breach of any of the paragraphs in this section would be sufficient grounds for immediate
termination of this Agreement and would not be subject to Section 2, above.
13. INDEMNIFICATION. Each Party (as "indemnitor") agrees to indemnify, defend, 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 the negligent performance of this Agreement, 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. Indemnification for punitive damages will not be provided by either
Party.
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14. CONTACTS FOR NOTICES UNDER THIS AGREEMENT:
Notices to be sent to mailing address with courtesy copies identified below.
For ASU
Arizona State University
Office for Research and Sponsored Projects Administration
P.O. Box 876011
Tempe, AZ 85287-6011
E-mail: asu.awards@asu.edu
Phone: 480-965-1427
Fax: 480-965-2455
Copy: Charles Katz
ASU Center for Violence Prevention and Community Safety
Attn: Charles Katz, Director
411 N Central Ave., Suite 680
Phoenix, Arizona 85004
E-mail: Charles.katz@asu.edu
Phone: 602-496-1471
Copy: Aaron D. Krasnow, Ph.D.
ASU HIPPA Privacy Officer
Assistant Vice President/Director ASU Counseling
E-mail: Aaron.Krasnow@asu.edu
Phone: 480-727-6884
For MCSO
Maricopa County Sheriff’s Office
550 W. Jackson Street
Phoenix, AZ 85003
Copy: Chief Edward Lopez
Deputy Chief Investigations and Intelligence Bureau
E-mail: E_Lopez@MCSO.Maricopa.gov
Phone: 602-876-5499
Copy: Executive Chief of Enforcement
Chief David Trombi
E-mail: D_Trombi@MCSO.Maricopa.gov
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