C2C RECORDS ACCESS AGREEMENT.PDF

RECORD ACCESS AGREEMENT
This Agreement is between Maricopa County Superior Court (the "Court") on behalf of its
Cradles to Crayons program ("C2C" or "Custodian") and the Maricopa County Justice Systems and
Information Department ("JSPI" or "Recipient").
1. Purpose. This Agreement is intended to set forth terms for C2C to provide JSPI certain data
related to individuals, children and adults, who were referred to C2C for services for purposes
of JSPI conducting an evaluation, as provided by Maricopa County Superior Court
Administrative Order No. 2015-108.
2. Effective Date. This Agreement will become effective once fully executed by the parties. The
Agreement shall be effective for a period of five (5) years and is renewable for five additional
five-year periods upon written agreement of the parties.
3. Termination. The parties may terminate this agreement at any time for any reason upon written
notice to the other party. However, the confidentiality requirements related to this data, as
ordered in the Administrative Order, shall continue beyond the term of this agreement.
4. Records Accessed. Pursuant to the directives of the Court, C2C may provide limited data
related to individuals who have received or are receiving services from C2C to JSPI personnel
assigned to work on the evaluation.
5. Use of Information. Any data provided to JSPI under this Agreement may only be used for the
evaluation. Further dissemination of any data provided under this Agreement is strictly
prohibited, except as required by statute or court order. All data provided under this
Agreement shall be stored in a physically secure facility. All data in an electronic format shall
be stored so unauthorized persons cannot retrieve the information by computer, remote access
or other means. Prior to receiving data under this Agreement, individuals must have
completed a HIPAA awareness training class in which they are instructed on confidentiality,
privacy, and information safeguards and penalties imposed when compliance is breached.
6. Terms Required by Arizona Code of Judicial Administration Section 1-606.
a. Recipient shall protect the records and data from unauthorized access and misuse.
b. Recipient shall ensure the security and confidentiality of any records or data provided
by the custodian that are sealed or closed by Arizona Supreme Court Rule 123 or any
other rule or law.
c. Recipient will not copy or re-disseminate any records or data closed by Arizona
Supreme Court Rule 123 other than for the stated purposes.
d. Recipient will not use the records or data to sell a product or service to an individual or
the general public.
e. Recipient will inform its employees of the requirements imposed by applicable federal
and state laws, rules, and terms of the record access agreement.
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f. If requested by the individual who is the subject of a record, Recipient will cooperate
in correcting any inaccurate or incomplete records within the Recipient's control
provided by the custodian.
g. In response to a public records request, the parties will comply with all legal
requirements pertaining to confidentiality and release of records provided under this
Agreement.
h. Prior to merging any records or data obtained from the custodian with other records or
data concerning an individual or organization, recipient will ensure there is sufficient
identifying information to reasonably conclude that the record or data concerns the
same individual or organization.
i. Recipient will notify the custodian of any record or data inaccuracies discovered by the
recipient.
j. The parties shall cooperate with one another to verify compliance with this Agreement,
including but not limited to provisions governing the use of and access to records or
data.
k. 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.
1. The parties shall agree on a change management process and allocation of
responsibilities for ensuring any unilateral software modifications do not disrupt the
on-going exchange of electronic case record information.
m. All applicable rules and laws pertaining to the release of the records and data have been
disclosed by the parties.
7. State Mandated Standard Terms.
a. None of the provisions of the Agreement may be waived, changed or altered except in
writing signed by both parties.
b. Pursuant to A.R.S. §§ 35-214 and 35-215, the parties 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, the parties shall produce the
original of any or all such records.
c. The requirements of A.R.S. § 38-511 apply to this Agreement. Any party may, within
three years after its execution, cancel this Agreement if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement is, at
any time while the contract or 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.
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d. 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. The parties 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.
e. Compliance requirements for A.R.S. § 41-4401—immigration laws and E-Verify
requirement.
i. Each party 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, which reads: "After December 31, 2007, every
employer, after hiring an employee, shall verify the employment eligibility of
the employee through the E-Verify program."
ii. A breach of a warranty regarding compliance with immigration laws and
regulations shall be deemed a material breach of the contract and a party may
be subject to penalties up to and including termination of the Agreement.
iii. Each party retains the legal right to inspect the papers of any employee who
works on the Agreement to ensure that the party or subcontractor is complying
with the warranty under this provision.
f. This Agreement shall be construed in accordance the laws of the State of Arizona.
8. 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 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.
In addition, each party shall cause its contractor(s) and subcontractors, if any, to indemnify,
defend, save and hold harmless the State of Arizona, any jurisdiction or agency issuing any
permits for any work arising out of this Agreement, and their respective directors, officers,
officials, agents, and employees (hereinafter referred to as "Indemnitee") from and against any
and all claims, actions, liabilities, damages, losses, or expenses (including court costs,
attorneys' fees, and costs of claim processing, investigation and litigation) (hereinafter referred
to as "Claims") for bodily injury or personal injury (including death), or loss or damage to
tangible or intangible property caused, or alleged to be caused, in whole or in part, by the
negligent or willful acts or omissions of the party's contractor or any of the directors, officers,
agents, or employees or subcontractors of such contractor. This indemnity includes any claim
or amount arising out of or recovered under the Workers' Compensation Law or arising out of
the failure of such contractor to conform to any federal, state or local law, statute, ordinance,
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rule, regulation or court decree. It is the specific intention of the parties that the Indemnitee
shall, in all instances, except for Claims arising solely from the negligent or willful acts or
omissions of the Indemnitee, be indemnified by such contractor from and against any and all
claims. It is agreed that such contractor will be responsible for primary loss investigation,
defense and judgment costs where this indemnification is applicable.
Insurance Requirements. None because each parties is a governmental entity.
Ray Billotte, Judicial Branch Administrator RyaGotter, Difector
Custolan of Records Recipient of Records
MariCopa County Superior Court Justice System Planning & Information
7/30T-
Date / Dat
Chairman, Date
Board of Supervisors
ATTEST:
Clerk of the Board Date
Board of Supervisors
Approved as to form:
Deputy County Attorney Date
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