NEGOTIATED DATA TRANSFER AGREEMENT BETWEEN ASU AND MARICOPA COUNTY.PDF
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Negotiated Data Transfer and Use
Agreement ID:
Negotiated Data Transfer and Use Agreement
(“Agreement”)
Provider: Maricopa County Correctional Health Services
Recipient: Arizona Board of Regents for and on behalf of Arizona State University
Provider Scientist
Name:
Julie Wonsowicz-Moore
Email:
Julie.WonsowiczMoore@maricopa.gov
Recipient Scientist
Name:
William Riley
Email:
William.J.Riley@asu.edu
Agreement Term
Start Date: Date of last signature below
End Date: Three (3) Years
after the Start Date
Project Title: Access to treatment for incarcerated individuals
experiencing opioid withdrawal in the Maricopa County,
Attachment 2 Type: De-identified Data about Human Subjects
Terms and Conditions
1) Provider shall provide the data set described in Attachment 1 (the “Data”) to Recipient for the research
purpose set forth in Attachment 1 (the “Project”). Provider shall retain ownership of any rights it may
have in the Data, and Recipient does not obtain any rights in the Data other than as set forth herein.
2) If applicable, reimbursement of any costs associated with the preparation, compilation, and transfer of
the Data to the Recipient will be addressed in Attachment 1.
3) Recipient shall not use the Data except as authorized under this Agreement. The Data will be used
solely to conduct the Project and solely by Recipient Scientist and Recipient’s faculty, employees,
fellows, students, and agents (“Recipient Personnel”) and Collaborator Personnel (as defined in
Attachment 3) that have a need to use, or provide a service in respect of, the Data in connection with
the Project and whose obligations of use are consistent with the terms of this Agreement (collectively,
“Authorized Persons”).
4) Except as authorized under this Agreement or otherwise required by law, Recipient agrees to retain
control over the Data and shall not disclose, release, sell, rent, lease, loan, or otherwise grant access
to the Data to any third party, except Authorized Persons, without the prior written consent of Provider.
Recipient agrees to establish appropriate administrative, technical, and physical safeguards to prevent
unauthorized use of or access to the Data and comply with any other special requirements relating to
safeguarding of the Data as may be set forth in Attachment 2.
5) Recipient agrees to use the Data in compliance with all applicable laws, rules, and regulations, as well
as all professional standards applicable to such research.
6) Recipient is encouraged to make publicly available the results of the Project. Before Recipient submits
a paper or abstract for publication or otherwise intends to publicly disclose information about the
results of the Project, the Provider will have thirty (30) days from receipt to review proposed
manuscripts and ten (10) days from receipt to review proposed abstracts to ensure that the Data is
appropriately protected. Provider may request in writing that the proposed publication or other
disclosure be delayed for up to thirty (30) additional days as necessary to protect proprietary
information.
DUA00000967
Negotiated Data Transfer and Use
Agreement ID:
7) Recipient agrees to recognize the contribution of the Provider as the source of the Data in all written,
visual, or oral public disclosures concerning Recipient’s research using the Data, as appropriate in
accordance with scholarly standards and any specific format that has been indicated in Attachment 1.
8) Unless terminated earlier in accordance with this section or extended via a modification in accordance
with Section 13, this Agreement shall expire as of the End Date set forth above. Either party may
terminate this Agreement with thirty (30) days written notice to the other party’s Authorized Official as
set forth below. Upon expiration or early termination of this Agreement, Recipient shall follow the
disposition instructions provided in Attachment 1, provided, however, that Recipient may retain one (1)
copy of the Data to the extent necessary to comply with the records retention requirements under any
law, and for the purposes of research integrity and verification.
9) Except as provided below or prohibited by law, any Data delivered pursuant to this Agreement is
understood to be provided “AS IS.” PROVIDER MAKES NO REPRESENTATIONS AND EXTENDS
NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THERE ARE NO EXPRESS
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR THAT THE USE OF THE DATA WILL NOT INFRINGE ANY PATENT, COPYRIGHT,
TRADEMARK, OR OTHER PROPRIETARY RIGHTS. Notwithstanding, Provider, to the best of its
knowledge and belief, has the right and authority to provide the Data to Recipient for use in the Project.
10) Except to the extent prohibited by law, the Recipient assumes all liability for damages which may arise
from its use, storage, disclosure, or disposal of the Data. The Provider will not be liable to the Recipient
for any loss, claim, or demand made by the Recipient, or made against the Recipient by any other
party, due to or arising from the use of the Data by the Recipient, except to the extent permitted by law
when caused by the gross negligence or willful misconduct of the Provider. No indemnification for any
loss, claim, damage, or liability is intended or provided by either party under this Agreement.
11) Neither party shall use the other party’s name, trademarks, or other logos in any publicity, advertising,
or news release without the prior written approval of an authorized representative of that party. The
parties agree that each party may disclose factual information regarding the existence and purpose of
the relationship that is the subject of this Agreement for other purposes without written permission from
the other party provided that any such statement shall accurately and appropriately describe the
relationship of the parties and shall not in any manner imply endorsement by the other party whose
name is being used.
12) Unless otherwise specified, this Agreement and the below listed Attachments embody the entire
understanding between Provider and Recipient regarding the transfer of the Data to Recipient for the
Project:
I.
Attachment 1: Project Specific Information
II.
Attachment 2: Data-specific Terms and Conditions
III.
Attachment 3: Identification of Permitted Collaborators (if any)
13) No modification or waiver of this Agreement shall be valid unless in writing and executed by duly-
authorized representatives of both parties.
14) This Agreement is subject to cancelation pursuant to A.R.S. § 38-511.
Negotiated Data Transfer and Use
Agreement ID:
The undersigned Authorized Officials of Provider and Recipient expressly represent and affirm that the contents of
any statements made herein are truthful and accurate and that they are duly authorized to sign this Agreement on
behalf of their institution.
Arizona Board of Regents for and on behalf of
Arizona State University.
MARICOPA COUNTY
By : ____________________________
By:______________________________
Name: Nancy Henderson
Name: __________________________
Title: Assistant Director
Title: Chairman, Board of Supervisors
Date:________June 16, 2022_________
Date:_____________________
ATTESTED TO:
By: ________________________________
Name: ______________________________
Title: Clerk of the Board
Date: _______________________________
APPROVED AS TO FORM:
By: ________________________________
Name: ______________________________
Title: Deputy County Attorney
Date: ______________________________
Wayne J. Peck
June 13, 2022
DUA00000967
Nancy J
Henderson
Digitally signed by Nancy
J Henderson
Date: 2022.06.16
07:30:53 -07'00'
Negotiated Data Transfer and Use
Agreement ID:
✔
1.
Description of Data:
These data were obtained from human subjects incarcerated in the Maricopa County
jail system. There are typically 100,000 people incarcerated in the Maricopa County
system in any given year. We will obtain data from 2017 – 2022 (n = 600,000 cases).
Maricopa County Correctional Health Services will provide the datasets in aggregated
form by month. No personally identifiable information is included in the data set.
Measures to be shared include the following: completed intake assessments,
completed OUD screenings, number of MAT prescriptions ordered, number of
individuals who received MAT education and/or treatment, number of completed
provider visits, number of completed counseling appointments, number and
characteristics of high-risk detainees who may especially benefits from MAT services,
and reports of detainees who did not receive services. Additional measures may be
shared upon mutual agreement between each party.
2.
Description of Project:
The purpose of this project to understand the reach of services for justice-involved
individuals in Maricopa County experiencing opioid withdrawal and the barriers to
providing treatment. Data will be compiled and analyzed for potential publications,
conference presentations, and reports. We will not link the data with any other data
sets.
3.
Provider Support and Data Transmission:
Provider shall transmit the Data to Recipient: (select one)
electronically or
by mail to:
Name:
William Riley
Address: 602-803-4228
Email:
William.J.Riley@asu.edu
Phone:
Attachment 1
Data Transfer and Use Agreement
Project Specific Information
DUA00000967
Negotiated Data Transfer and Use
Agreement ID:
Upon execution of this Agreement, Provider shall send any specific instructions necessary
to complete the transfer of the Data to the contact person listed above, if not already
included below in this section of Attachment 1.
Data will be provided in aggregate form by month. If errors are found by the recipient, both
parties will review and the provider will revise and resend as necessary.
4.
Reimbursement of Costs:
None
As governed by a separate written agreement between the parties
Reimbursement Agreement Reference # (if required):
As set forth herein:
5. Disposition Requirements upon the termination or expiration of the Agreement:
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Negotiated Data Transfer and Use Agreement
Agreement ID:
Additional Terms and Conditions:
1.
The Data will not include personally identifiable information as defined in NIST Special Publication
800-122. If the Data being provided is coded, the Provider will not release, and the Recipient will not
request, the key to the code.
2.
If Provider is a Covered Entity, the Data will be de-identified data, as defined by the Health
Insurance Portability and Accountability Act of 1996 (“HIPAA”).
3.
Recipient will not use the Data, either alone or in concert with any other information, to make any
effort to identify or contact individuals who are or may be the sources of Data without specific written
approval from Provider and appropriate Institutional Review Board (IRB) approval, if required
pursuant to 45 CFR 46. Should Recipient inadvertently receive identifiable information or otherwise
identify a subject, Recipient shall promptly notify Provider and follow Provider’s reasonable written
instructions, which may include return or destruction of the identifiable information.
4.
By signing this Agreement, Recipient provides assurance that relevant institutional policies and
applicable federal, state, or local laws and regulations (if any) have been followed, including the
completion of any IRB or ethics review or approval that may be required.
5.
Recipient shall promptly report to the Provider any use or disclosure of the Data not provided for by
this Agreement of which it becomes aware.
Attachment 2
Data Transfer and Use Agreement
Data-specific Terms and Conditions:
De-identified Data about Human Subjects
DUA00000967
Negotiated Data Transfer and Use
Agreement
Agreement ID:
For all purposes of this Agreement, the definition of “Collaborator Personnel” checked below will
pertain:
“Collaborator Personnel” means: None. No collaborators are permitted on the Project.
-OR-
“Collaborator Personnel” means as set forth below and agreed upon between the Parties:
Attachment 3
Data Transfer and Use Agreement
Identification of Permitted Collaborators (if any)
DUA00000967