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SUBJECT: AZ-VDRS Participation Hello Chief, You may be aware that the Centers for Disease Control and Prevention (CDC) recently awarded the CenterforViolence Prevention and Community Safety (CV PCS) at Arizona State University (ASU) a grant to coordinate and conduct al I data collection, analyses and dissemination of findings of the Arizona Violent Death Reporting System (AZ-VDRS). The AZ-VDRS aims to provide Arizona and its communities with a better understanding of violent deaths and with this information and guide local decisions on the issue. Nearly three dozen law enforcement agencies, including Phoenix, Glendale, Tucson, Flagstaff, Kingman and Mesa Pol ice Departments, and including Ceconi no, Mari cop a, Navajo and Pima Sheriffs' Offices are already working with us in this important program. We would like the opportunity to inform you about the program and invite you to be a participating agency. I have included several informational documents and a draft MOU for your review. I would like the opportunity to discuss AZ-VDRS with you directly, either by phone or in person. I would like to review the purpose and structure of the program and discuss the type of data collected and how your agency's participation can benefit the efforts to address homicides and suicides in Arizona and in our local communities. We invite you to visit our website to learn more about CV PCS and the AZ-VDRS program by visiting https :// cvpcs .asu. edu/pro jects/ arizona-vio le nt-death-repo rting-syste m. Should you have any questions about the project please feel free to contact any of the AZ-VDRS team members. • Principal Investigator: Charles Katz, Ph.D. at ckatz@asu.edu • Project Manager: Taylor Cox, Ph.D. at tcox2@asu.edu Thank you, Charles M. Katz, Ph.D. Professor and Watts Family Di rector School of Criminology and Criminal Justice CenterforViolence Prevention and Community Safety Arizona State University Center for Violence Prevention and Community Safety I College of Public Service and Community Solutions Mai ling address: PO Box 87310, Tempe, AZ 85287-3120 Physical Address 411 N. Ce ntral Ave., Suite 680, Phoenix, AZ 85004 cvpcs.asu.edu The followm urisdictions have s gned agreements to ... ,+·,. "" '" Arizona Department of Health Services Lo..Enforcemenf>artners: Police Departments (n=42}. Apache Junction, Avondale•. Buckeye, Bullhead City, Casa Grande, Chandler, Clari<dale*, Chino Valley, Cottonwood, Douglas, DPS•, Eloy, Flagstaff, Gilbert. Glendale, Goodyear*, Kingman, Lake Havasu, Marana, Maricopa, Mesa, Nogales, Oro Valley. Paradise Valley. Payson, Peoria, Phoenix, Prescott. Prescott Valley. Safford. Sahuarita. Saint John's. Scottsdale, Sedona. Show Low, Snowflake/ Taylor. Sierra Vista, Surprise, Tempe, Tucson, Winslow, and Yume. Sheriffs' Offices (n=S}. Cochise. Coconino. Mohave. Navajo, Pima, Pinal. Yavapai, and Yuma Counties MedicaExaminer4-1=15}. Apache. Cochise, Coconino. Gila. Graham. Greenlee. La Paz, Maricopa, Mohave. Navajo, Pima. Pinal, Santa Cruz. Yavapai, and Yuma Counties. •indicates in-progress Contact Information Charles Katz, Ph.D. Watts Family Director and Professor Center for Violence Prevention and Community Safety School of Criminology and Criminal Justice Arizona State University char1es.katz0asu.eca.i 602.496.1470 David E Choate AZ- VDRS Project Manager Associate Director Center for Violence Prevention and Community Safety Arizona State University david.choate@aau.edu 602.496.1473 Taylor Cox, Ph.D. Center for Violence Prevention and Community Safety Arizona State University tcox2@mainex1 .asu.edu 602.496.14 72 More information on the Centers for Disease Control and Prevention's NVDRS and what other states are doing can be found at www.cdc.11ov/ViolancePrevantion/ NVDRS - ar1zona violent death reporting system AIIIONA S TAT I UNIVIIIITY • cvpcs.asu.ec u Th, Centrr fur Vdence ~ ,nd Cormuity~(the eenter,athizcrla Stab, ~ is 1he b0rw fide a&rrt for tho St,to of Ari21ntto the Certrra for Oicease Cantrel IW1d ~ COC)and ltB Natx,r,. VdnDes!h ~ 'lJVnl:1S Prior to 2015. there were 18 states across the country (AK. CO. GA. KY. MD. MA Ml NJ, NM. NC. OH. OK. OR. RI. SC. UT. VA and WI) with established NVDRS programs. Arizona was one of 14 states added for 2015 data collection (AZ. CT. HI. IL IN. IA KS. ME. MN. NH. NY, PA WA. Currently, all 50 states. Puerto Rico, and the District of Columbia participate. NVORS sites compile statewide, comprehensive data on violent deaths by collecting information from death certificates. medical examiner reports. police departments, and other appropriate local agencies. Objectives of these statewide surveillance systems include providing comprehensive snapshot s of violent incidents to further understand such events and informing communities, policy makers, planners, and decision maker s on violent deaths. Data collection for the project is funded by a grant from the CDC. While AZ- VDRS has over five dozen participating partners c1.KTently, the Center is continuing to recruit key stakeholders and data providers throughout Arizona for the expanded success of this prQjecl with particular emphasis on sheriffs' offices and tribal communitjes. Frequently Asked Questions No. Data collection is not meant to be a burden, and the CDC will provide compensation to assist with data collection. The specific strategy for collection will reflect the wants and needs of each agency. The project can provide funding to support agency personnel in the collection process. or ASU personnel can conduct site visits to collect the AZ-VDRS information without burdenin1 the agency. a WiHthel'e4w,la.-mnent,-1hisi data tll O"Mte IINl'IWldaN Cll'I CU' No. To date. this has not been the case in the stat es that have been reporting NVDRS data for more than a decade. The NVDRS does not create 0r' enforce any such mandates upon law enforcement agencies, nor is such activity any part of the mission and goals of the data system. The intention of the AZ-VDRS team is to bring localized. Arizona-specific data to key stakeholders (e.g., state public health officials. law enforcement medical professionals. and suicide/homicide related social service providers) working collaboratively to improve Arizona communities' response to violent death concems. Yes. The Center for Violence Prevention and Community Safety will house the data in their secure data room. The Center has extensive experience working with sensittve law enforcement- related data and confidential criminal history records. The secure data office has both physical and electronic safeguards consistent with HIPAA security requirements. The CDC has identified Arizona as a critical state for participation in the NVDRS, due in part to its geographic importance as a U.S.- Mexico border state. the diversity of urban and rural communities, racial and ethnic composition. and its significant growth characteristics. The AZ- VDRS data is intended for use by the communities and interested parties within Arizona, working on solutions for homicides and suicides through local and/ or statewide efforts. The UCR and the Supplemental Homicide Reports (SHR) contain much of the same informattOn that is sought as part of the National Violent Death Reporting System. One key area of difference is the data abstraction process looking for key characteristic and circumstance information from law enforcement report narratives (including supplementals). The wealth of information in these sources is critical to the success of AZ- VDRS. Of course. the more obvious distinction of AZ-VDRS from UCR/ SHR is the collection of data on suicide incidents as well. Data Sharing Agreement Between El Mirage Police Department and Arizona Board of Regents for and on behalf of Arizona State University (ASU) 1. TERM OF THE AGREEMENT: The term of this Agreement shal I become effective upon last signature below and shall remain in effect for five (5) years unless terminated, canceled or extended as otherwise provided herein. 2. TERMINATION OR AMENDMENT: Each party shall have the right to terminate this Agreement by mailingthe other party written notice of termination by certified mail, return receipt requested, at leastthirty (30) days prior to the termination date. 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 thisAgreement 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 (Designated Personnel) as individuals who will receive, use or disclose the Limited Data Set on its be half: All individuals identified in ASU Institutional Review Board (IRB) Protocol No. STUDY00001484, including any individuals named in authorized IRB modifications or amendments that occurduringthe Length of Agreement specified above. D. ASU will implement appropriate safeguards to prevent the use or disclosure of the Limited Data Set not otherwise permitted in this Agreement. E. ASU will report to El Mirage Police Department (as appropriate) any use or disclosure of the Limited Data Set not permitted by this Agreement within five (5) business days of ASU's learning of such use or disclosure. 4. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT(HIPAA) COMPLIANCE: A. All parties agree to adhere to 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. El Mirage Police DepartmenttoASU B. Parties warrant that they wi ll 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 traini ngcertification 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 behalfof 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 latertime. 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 Ii mit; arbitration shall be used, unless al I 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 conce rningthe sharing and use of confidential information related to the purposes of this Agreement. Expenditures by each party are subject to that party's budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies of the respective parties. 9. INSURANCE: The El Mirage Police Department and ASU are self-insured for liability per A.R.S. 41-621. 10. BACKGROUND: The El Mirage Police Department, 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 El Mirage Police DepartmenttoASU expanded to its current level of 50 participating states across the country, as well as the District of Columbia and Puerto Rico. The NVDRS compiles statewide, comprehensive data on violent deaths by collecting information from death certificat es, 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. Date collection forthe project wi II be sponsored by the CDC and coordinated by the research team at the CENTER. 11. PURPOSE: This Agreement establishes the basis for the El Mirage Police Department 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-VDRSby 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. El Mirage Pol ice Department agrees to provide or continue to provide the CENTER with the following: a. Confidential police report data, but only for incidents involving violent deaths, 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 wi II be made available to the CENTER on a monthly basis. 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 wi 11 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) El Mirage Police DepartmenttoASU are available within90 days of death and are then ready to be shared with ASU. d. The name or names of the El Mirage Police Department 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 El Mirage Police Department employee who may serve on the AZ-VDRS statewide advisory board. II. The CENTER agrees to provide El Mirage Police Department 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. 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. Ill. 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. The CENTER will not use, or disclose to any third party, confidential information of El Mirage Police Department in any manner whatsoever except as authorized pursuant to this Agreement, and wi ll require that its employees and agents who have access to such information will not use, or disclose El Mi rae Police Department information for three (3) years afte rthe termination of this Agreement, except as authorized underthis 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 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 regu la ti on ( "ORDER"), provided, however, that the receiving party promptly notify the disclosing party in advance of such disclosure and discloses only that INFORMATION necessary to comply with said ORDER. IV. Thepartiesagreeto El Mirage Police DepartmenttoASU a. Carefully restrict use and access of information to those designated by the CENTER. Data provided by El Mirage Police Department 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-VD RS. c. Re qui re al I officers, agents and employees to keep al I such shared information strictly confidential. To communicate the requirements for this section to all officers, agents and employees, to discipline all persons who mayviolatethe 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. 13. CONTACTS FOR NOTICES UNDERTHIS AGREEMENT: Notices to be sentto mai li ng address with courtesy copies identified below. ForASU Arizona State University Office for Research and Sponsored Projects Administration P.O. Box 876011 Tempe, AZ85287-6011 E-mail: asu.awards@asu.edu Phone: 480-965-1427 Fax: 480-965-2455 Copy: Charles Katz ASU CenterforViolence 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 HIPAA Privacy Officer Assistant Vice President/Director ASU Counseling E-mail: Aaron.Krasnow@asu.edu Phone: 480-727-6884 For El Mirage Police Department El Mirage Police DepartmenttoASU El Mirage Police Department 12401 W Cinnabar Ave El Mirage, AZ 85335 Copy: Chief Paul Marzoca E-mail: pmarzocca@elmirageaz.gov Phone: 623-500-3000 El Mirage Police DepartmenttoASU 14. SIGNATUREAPPROVALS: ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONASTATE UNIVERSITY Signature: _________ _ Print Name: Date: El Mirage Pol ice DepartmenttoASU El MIRAGE POLICE DEPARTMENT Print Name: Date: --------- --- Debra Murphy, Director 04/22/2020 4/30/2020