ADOT WITH EPI FOR DATA ACCESS (00).PDF

ADOT
John S. Halikowski, Director
Dallas Hammit, State Engineer
Steve Boschen, Division Director
DATA ACCESS / EXCHANGE AGREEMENT
ADOT File No: 16-00059194
Date:
Name of Department: Maricopa County Department of Public Health
Doing Business As: Maricopa County by and through its
Department of Public Health (MCDPH)
Business Address: 4041 n. Central Avenue, Suite 140
Phoenix, Arizona 85012
Mailing Address: Same As Above
Telephone Number: (602) 372-0675
Maricopa County Department of Public Health (AGENCY) hereby requests authorization for connectivity to
the Arizona Department of Transportation's (ADOT) (check all that apply):
11 ALISS Database to submit electronic crash records.
ALISS Database to access and retrieve crash data.
[Z] Safety Data Mart to query, analyze and retrieve crash data.
Maricopa County Department of Public Health (AGENCY) is authorized to enter into this Agreement
pursuant to § 11 -251.
The AGENCY (as defined below) hereby requests authorization for connectivity to the ALISS Database and/or
AIDW Safety Data Mart of the Arizona Department of Transportation, Intermodal Transportation Division (ITD).
The AGENCY's specific access capabilities are set forth and further described in the attached Addendum, which
shall be considered a part of this Agreement between the AGENCY and ADOT.
The AGENCY understands and agrees that it shall only access the ALISS Database and/or the AIDW Safety Data
Mart in accordance with the terms and conditions set forth herein. If at any time ADOT believes the AGENCY is
using such access in an unauthorized or unlawful manner, ADOT reserves the right, in its sole discretion, to
immediately terminate this Agreement.
This Database Access Agreement complies with GITA Statewide Standard P740-5741, Standard 4.7.3.

Definitions
"ADOT" means the Arizona Department of Transportation.
"AGENCY" means Maricopa County Department of Public Health,
"AllSS" means thaAccidentlocatiori t lde ntif i rat ion and Surveillance System,
"Authorized individuals" means those persons who are employed or contracted by AGENCY to perform the
activities authorized hereunder.
"Connectivity" means to make and/or maintain a computer connection with ADOT for the purpose of
performing the activities authorized under this agreement.
"Encrypt" means to scramble computerized information to secure data by using special algorithms for
transmission or other purposes.
"Personal information" means information that identifies an individual, including without limitation an
individual's name, photograph, social security number, driver license number, physical description, race, ethnic
origin, sexual orientation, income, blood type, DNA code, fingerprints, marital status, religion, home address,
home telephone number, education, financial matters, and medical or employment history readily identifiable
to a specific individual but does not include information on vehicular accidents, driving violations, and driver's
status.
"RACF" means Resource Access Control Facility, which is a software security product that protects information
by controlling access to it.
"Secure location" means an area designated specifically for authorized individuals to access ADOT's database(s)
and to which all unauthorized individuals shall be prohibited from entering.
"Sensitive Information" means any state information either in detail or aggregate that may be prejudicial or
harmful to the state and its citizens.
Location of Activities
AGENCY may conduct authorized activities only at those locations which have been pre-approved by ADOT such
as their place of business that adheres to the other guidelines outlined in this Agreement. ADOT reserves the
right, in its sole discretion, to disapprove of location.
Equipment
AGENCY shall obtain computer equipment and software that is compatible with the information systems and
connectivity requirements of ADOT, and which will allow access only to the specific database(s) listed in the
Addendum to this Agreement.
Data Security
AGENCY shall provide a secure location for all computer equipment used to access ADOT's database(s).

AGENCY shall provide access to ADOT's ALISS Database and/or Safety Data Mart only to AGENCY personnel or
contractors who are authorized individuals, and to no one else. If at any time ADOT believes that an authorized
individual is using such access inappropriately, ADOT reserves the right to immediately terminate that
individual's database access and/or to terminate AGENCY authorization under this Agreement.
AGENCY shall comply with all ADOT policies, procedures and directives regarding security and database access,
including any future amendments thereto. All subcontractors utilized to perform th_e _activities authorized by
this Agreement must abide by the same security and access requirements as AGENCY.
AGENCY must disclose and obtain ADOT approval of any existing and/or contemplated strategic alliances,
partnerships, Intergovernmental Agreements or subcontracting arrangements that AGENCY has or will enter
into which involve the processing and/or use of ADOT data acquired pursuant to this Agreement.
AGENCY, its officers, agents, employees, contractors and representatives shall not, without the prior written
approval of ADOT, disclose, distribute, or utilize in any manner not expressly authorized under this Agreement,
any personal or sensitive information which is connected or otherwise associated with or accessed pursuant to
this Agreement, either during the term of this Agreement or subsequent to any termination of this Agreement.
AGENCY shall maintain all hard copy information and electronic data related to this Agreement in a secure
location at all times.
Data Privacy
AGENCY shall not utilize its computer connections with ADOT for any purpose other than the purpose(s)
specified in the Addendum to this Agreement.
Network Security
AGENCY understands and agrees that any and all personal or sensitive information that it stores or transmits
over external or public computer networks, such as the Internet, must be encrypted.
AGENCY computers that are permanently or intermittently connected to internal computer networks must have
an ADOT approved, password-based, access control system in order to access ADOT's database(s). This
requirement applies to computers with direct connections to data centers, as well as AGENCY "wide area
network." Regardless of the network connections, all AGENCY computers which are used to access ADOT
information must employ approved, password-based, access control systems.
All in-bound connections to AGENCY computers from external networks must also be protected. All access
control systems must utilize user-identifications (i.e. RACF ID's) and passwords unique to each user, as well as
user-privilege restriction mechanisms. Password sharing is prohibited.
Non-exclusivity
This Agreement shall not preclude ADOT from entering into the same or similar Agreement with other public or
private entities, including those performing identical or similar functions as AGENCY.
Notification
AGENCY shall assign a contact person for problem resolution and notification of procedural changes. AGENCY
shall advise ADOT within two business days of any change in its designated contact person. All notices or
demands upon either party shall be in writing and an original shall be delivered in person, or sent by mail
addressed as follows:

To ADOT at: To MCDPH at:
lntermoda I Transportation Division Office of Epidemiology
Traffic Records Section And Data Services
ATTN: Rick Turner Attn: Kate Goodin
206 S. 17th Ave, Mail Drop 064R 4041 N. Central Avenue
Phoenix, AZ 85007-3233 Phoenix, AZ 85012
(602) 712-7124 (602) 2610
Records
The AGENCY shall maintain a log or register of all ADOT records it requests and all ADOT records it obtains by
virtue of the access provided herein. The AGENCY shall retain this log or register either manually or
electronically for a period of five years after the date of request and receipt of the records. All other books,
papers, records, data, and accounting records relating to this Agreement ("Records") shall be maintained by
AGENCY for a period of five (5) years, or such greater or lesser time as may be required by federal or state law,
rule, or the ADOT Records Retention Schedule. The Records shall be subject to inspection and audit by ADOT for
five years after termination or completion of this Agreement. The Records shall be produced at the offices
designated by ADOT.
It is further agreed that ownership of all records relating to this Agreement resides exclusively with ADOT,
except for data retrieved pursuant to this Agreement.
Compliance
AGENCY shall comply with all of the terms set forth in this Agreement, together with all applicable state
statutes, rules, and regulations. AGENCY shall also comply with all relevant ADOT policies, procedures and
directives that ADOT provides to AGENCY throughout the course of this Agreement. All AGENCY subcontractors
are held to the same compliance standards, and any failure to comply on the part of the subcontractor will be
deemed a failure on the part of AGENCY.
Non-compliance
If AGENCY fails to comply with the terms of this Agreement, or with any applicable law, rule or regulation, ADOT
reserves the right to take any remedial action that it deems necessary and appropriate, including without
limitation the suspension, cancellation, revocation, or termination of this Agreement. In case of a violation of
law, the Agreement shall immediately terminate.
Amendment and Modification of Agreement
AGENCY shall review and approve in writing any modification of the Agreement. Upon the amendment of any
applicable law, rule or regulation, the Agreement shall automatically be modified to reflect such amendment.
Any modification of the Agreement shall be incorporated herein and shall be subject to all other provisions of
this Agreement. AGENCY may submit a written request to ADOT if there are any changes it desires be made to
the Agreement, and such a request shall be approved or denied at ADOT's sole discretion.
Termination
Either party may terminate this Agreement for convenience or cause upon thirty (30) days prior written notice
to the other party. Upon any termination of this Agreement, AGENCY shall, at ADOT's request, remove and
deliver to ITD all electronic data stored on any electronic storage devices and shall immediately return all other
data and information received in connection herewith to ADOT.
This Agreement is subject to cancellation by the Governor pursuant to A.R.S. §38-511. The state, its political
subdivisions or any department or agency of either may, within three years after its execution, cancel any
contract, 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 contract on behalf of the state, its political subdivisions or any of the departments or agencies of
either is, at any time while the contract of any extension of the contract is in effect, an employee or agent of any
other party to the contract in any capacity or a consultant to any other party of the contract with respect to the
subject matter of the contract. The cancellation under this section by any department or agency of the state or
its political subdivisions shall be effective when written notice from such party is received by all other parties to
the contract unless the notice specifies a later time.
WaivertSeverability
AGENCY agrees that a waiver of any provision of this Agreement shall not act as a waiver of any other provision
of this Agreement. If a provision of this Agreement is for any reason declared invalid, illegal, or unenforceable,
that declaration shall not affect the remainder of the provisions of the Agreement.
Duration
This Agreement shall commence upon approval by the Assistant Division Director, Executive Services Group and
execution by both parties, and shall thereafter continue in effect for a term of five (5) years, unless previously
terminated or canceled as provided herein. Upon expiration of this five (5) year period, the parties may
mutually agree to extend the term of the Agreement for another five (5) (or fewer) years by entering into an
Amendment to this Agreement.
Liability
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, but not limited to, reasonable
attorney's fees) (hereinafter collectively referred to as "claims") arising out of bodily injury of any person
(including death) or property damage and any other claims, (including, but not limited to, claims of derivative or
vicarious liability),which are caused by the act, omission, negligence, misconduct, or other fault of the
indemnitor, its officers, officials, agents, employees or volunteers.
Limitation of Liability
The Arizona Department of Transportation (a) makes no warranty, express or implied, with respect to
information provided under this agreement, including but not limited to, implied warranties of merchantability
and fitness for any particular use; (b) assumes no liability for any direct, indirect, or consequential damages
arising from any use of any part of the Data Access Exchange Agreement; and (c) assumes no liability for any
errors or omissions within the Data Access Exchange. Parties hereby waive, relinquish, and release the State of
Arizona and the Arizona Department of Transportation from any claim for damage or injury arising from any use
of the Data Access Exchange or any information derived from it.
Certification
On behalf of AGENCY identified below, I hereby request approval of this Agreement. I certify that all of the
information set forth herein by AGENCY is true and accurate, and that any records or information obtained from
ADOT's database(s) and system(s) pursuant to this Agreement will be used solely for the purpose(s) specified in
the Addendum to this Agreement, and for no other purposes. I further certify that I have the authority to
execute this Agreement on behalf of AGENCY. I understand that AGENCY must abide by the provisions of this
Agreement if approved by the Assistant Division Director, Executive Services Group and executed by both
parties.

Mandatory Provisions for Arizona State Agencies
None of the provisions of the Agreement may be waived, changed of altered except in writing signed by both
parties.
Notwithstanding any provision of the Agreement to the contrary, ADOT is not authorized to indemnify the
AG ENC—Y
Every payment obligation of the ADOT under this Agreement is conditioned upon the availability of funds
allocated for the payment of such obligation. If funds are not allocated and available for the continuance of this
Agreement, this Agreement may be terminated by ADOT or any other agency of the State of Arizona at the end
of the period for which funds are available. No liability shall accrue to ADOT or any other agency of the State of
Arizona in the event this provision is exercised, and neither ADOT nor any other agency of the State of Arizona
shall be obligated or liable for any future payments or for any damages as a result of termination under this
paragraph.
AGENCY shall comply with Executive Order 99-4, 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 American with
Disabilities Act. AGENCY 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.
Compliance requirement for A.R.S. 41-4401 — immigration laws and E-Verify requirement.
• The AGENCY warrants compliance with all Federal immigration laws and regulations relating to
employees and warrants its compliance with Section A.R.S. 23-214, Subsection A. (That subsection
reads: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment
eligibility of the employee through the E-Verify program.)
• A breach of a warranty regarding compliance with immigration laws and regulations shall be deemed a
material breech of the contract and the AGENCY may be subject to penalties up to and including
termination of the Agreement.
• ADOT retains the legal right to inspect the papers of any employee who works on the Agreement to
ensure that the AGENCY or subcontractor is complying with the above-mentioned warranty.
Joint Venturer — Except as otherwise provided by law, in the performance of duties and activities under this
Agreement, the parties hereto will be acting in their individual governmental capacities and not as agents,
employees, partners, joint ventures, or associates of each other. The officers, employees, agents, or
subcontractors of one party shall not be deemed or construed to be the employees or agents of the other party.
Each party shall remain responsible for the supervision of their respective staff and students and shall maintain
adequate insurance coverage as required by law.
AGENCY assigns to ADOT any claim for overcharges resulting form antitrust violations to the extent that such
violations concern materials or services supplied by third parties to AGENCY toward fulfillment of this
Agreement.
This Agreement shall be construed in accordance to the laws of the State of Arizona.
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 extent required by A.R.S. 12-1518 except as
may be required by other applicable statutes.

The parties may execute this Agreement in two or more counterparts, each of which shall be deemed an original
and together which shall constitute one and the same document.
Maricopa County, by and through its
MARICOPA COUNTY DEPARTMENT OF PUBLIC HEALTH
Signature
CLINT HICKMAN
Name Printed
Board of Supervisors, Chairman
Title
Date
For ADOT USE ONLY
Received this date . Signed
AUTHORIZATION
On behalf of the Arizona Department of Transportation, the authorization requested by Maricopa County
Department of Public Health_pursuant to this Agreement (including the attached Addendum) is hereby
approved.
DATED THIS DAY OF 20
Intermodal Transportation Division / Traffic Engineering
STEVE BOSCHEN, 12,E.
IDO Director
Arizona Department of Transportation

AGREEMENT ADDENDUM
THIS ADDENDUM is made and entered into pursuant to ARS. §§28-401 et seq, and with GITA Statewide
Standard P740-5741, Standard 4.7.3, as part of the foregoing Data Access / Exchange Agreement between the
Arizona Department of Transportation (ADOT) and the Maricopa County Department of Public Health (AGENCY).
Subject to ADOVs right to terminate as set forth in this Agreement:
ADOT <grants/does not grant> AGENCY authorization to access its AUSS Database via approved direct
program-to-program interactions over an approved persistent connection and to thereby submit
electronic crash records information contained in such databases according to the terms and conditions
stated in this Agreement. Electronic crash records shall be submitted no more than once per day.
IL ADOT <graFits/does not grant> AGENCY authorization to access its ALISS Database via an approved
secure gateway and with two-factor authentication to retrieve pertinent crash records data including
vehicle information according to the terms and conditions stated in this agreement.
ADOT <grants/docs not grant> AGENCY authorization to access its Safety Data Mart via an approved
secure gateway and with user identifications and passwords unique to each user to run queries and
retrieve crash data strictly for the purposes of safety analysis and in accordance with the terms and
conditions stated in this agreement. Data query and retrieval may be done on an as-needed basis.
The foregoing Agreement and Addendum are mutually agreed to:
Maricopa County, by and through its
Intermodal Transportation Division/Traffic Engineering Maricopa County Department of Public Health
Signature Signature
STEVE BOSCH EN, P.E. CLINT HICKMAN
Name Printed Name Printed
I DO Director Chairman, Board of Supervisors
Title Title
Date Date