AZ-VDRS IGA EFFECTIVE OCT 2018.PDF

CONTRACT NO: C-29-10-006-3-01

Amendment and Restatement of Intergovernmental Agreement (IGA) for Data
Sharing
Between
Arizona Board of Regents for and on behalf of Arizona State University
And Maricopa County through the Office of the Medical Examiner

This Amendment and Restatement of Intergovernmental Agreement (“IGA” or “Agreement’) No.
C-29-10-006-3-00 is entered into as of the last signature date herein (the “Effective Date”),
pursuant to A.R.S. §§11-951 et seq., between Maricopa County through the Office of the Medical
Examiner (“MCOME”) and the Arizona Board of Regents for and on behalf of Arizona State
University (“ASU”), which shall be collectively referred to as the Parties and each individually as
a Party.

A. The Parties entered into IGA No. C-29-10-006-3-00 as of last signature date of July
29, 2010.

B. The Parties desire to amend and restate the IGA to update the terms as of the Effective
Date.

In consideration of the mutual promises set forth herein, the Parties agree that as of the Effective
Date IGA No. C-29-10-006-3-00 is hereby amended and restated in its entirety to read as follows.

1.

PURPOSE OF THE AGREEMENT;

This Agreement establishes the basis for the Maricopa County Office of the Medical Examiner
(MCOME) to share with the ASU Center for Violence Prevention and Community Safety
(“Center”) information contained in its records on violent deaths occurring in Maricopa County,
Arizona. The records will be used for the purpose of contributing to the Arizona-Violent Death
Reporting System (AZ-VDRS) by providing accurate, comprehensive, and objective
information regarding violent deaths.

The sharing of such records 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.

TERM OF THE AGREEMENT:

The term of this Agreement shall become effective upon approval of the Maricopa County
Board of Supervisors and shall remain in effect for a period of five (5) years unless otherwise
terminated or canceled as provided herein.

This Agreement may be executed in two or more counterparts, each of which shall be deemed

an original but all of which together shall constitute the same instrument, Faxed, copied and
scanned signatures are acceptable as original signatures,

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. TERMINATION OR AMENDMENT:

Each party shall have the right to terminate this Agreement 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. This Agreement may be modified at any time by mutual written
amendment signed by the authorized representative of the respective parties.

. CONFIDENTIALITY:

A. Any information that may be exchanged through this Agreement shall not be used for
purposes other than those covered in the Section 15 Scope of Work without prior
approval of all parties to this Agreement.

B. Neither 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.

. PUBLIC RECORDS:

Notwithstanding any other provision of this Agreement, the Parties acknowledge that they are
subject to A.R.S. 39-121 through 39-128 regarding public records. Any provision regarding
confidentiality is limited to the extent necessary to comply with the provisions of Arizona law.

All reports of the medical examiner are subject to additional protections provided for by ARS
§ 11-597.02 and Schoeneweis v Hamner, 223 Ariz. 169, 221 P.3d 48 (App. 2009). ASU shall
not disclose reports originating from the medical examiner. ASU shall direct all individuals
making a request for medical examiner reports in ASU’s possession to the MCOME for such
reports,

. APPLICABLE LAW:

Arizona Law. The substantive and procedural law of Arizona applies to this Agreement
including, where applicable, the Uniform Commercial Code as adopted by the State of
Arizona. The Parties agree that the venue for any claim arising out of any or in any way related
to this Agreement shall be Maricopa County, Arizona.

. COMPLIANCE WITH FEDERAL LAWS:

The parties warrant that they are in compliance with all State and Federal laws.

. CONFLICT OF INTEREST:

Pursuant to A.R.S. §38-511, the State, its political subdivisions or any department or agency
of either may, within three (3) 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

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10.

11.

12.

13.

14.

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
Arizona State University or Maricopa County through the Office of the Medical Examiner
receives written notice of the cancellation unless the notice specifies a later time.

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
ona showing of good cause.

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 agreement between the Parties concerning the sharing and
use of 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.

RELATIONSHIP:

Nothing in this Agreement shall make any ASU employee or MCOME employee an agent or
employee of the other party to this Agreement.

INSURANCE:

The Maricopa County Office of the Medical Examiner and Arizona State University are self-
insured for liability per A.R.S. § 41-621.

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.

BACKGROUND:

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.

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The Arizona Department of Health Services (ADHS) has appointed ASU as its bona fide AZ-
VDRS agent. 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.

15, SCOPE OF WORK:

A. MCOME agrees to provide the Center with the-following records:

i. Preliminary Investigative Reports (PIR), Autopsy Reports and Toxicology
Reports

a) These reports will be made available to the Center from January 1,
2008 and forward.

b) These reports will be made available to the Center on a monthly basis.

c) The Center understands and agrees that MCOME reserves the right to
restrict and/or withhold access to any and all such reports and records
which, in MCOME's sole discretion, is necessary and otherwise
appropriate in order to comply with the Arizona Court of Appeals’ most
recent decision in Schoeneweis v Hamner, 223 Ariz. 169, 221 P.3d 48
(App. 2009) and ARS § 11-597.02.

d) The Center understands and agrees that MCOME shall not provide the
Center with access to any preliminary investigative reports, autopsy
reports, toxicology reports; and any other related materials for any
death investigation that has not been formally closed by MCOME, but
that remains open and pending for any reason in the sole discretion of
MCOME. In addition, photos, images, x-rays and/or video depicting
human remains shall not be provided, unless permitted under A.R.S. §
11-597.02.

ii, | For the sole purpose of executing this Agreement, it is understood that at least
95% of these reports are available within 180 days of death and are then ready
to be shared with ASU, The Center understands and agrees that the noted
95% within 180 days is subject to caseload and availability of pathologists to
complete these cases within the timeframe stated and is subject to change in
the sole discretion of the MCOME.

B. The Center agrees to provide or continue to provide the MCOME with:

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iil.

A description of the security measures that are in place to maintain the
confidentiality of the records 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 Arizona
Department of Health Services.

Notices reflecting any material changes in the NVDRS reporting requirements,
as well as ASU’s status as the AZ-VDRS agent for ADHS.

Analytical support for matters related to data collected as part of the Arizona
Violent Death Reporting System. This support will be agreed to on an ad hoc
basis between the parties.

C. Confidential Information:

i.

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.

The Center will not use, or disclose to any third party, information contained in
the records of MCOME made available to the Center for review in any manner
whatsoever except for the "Purpose" stated in Section 1 and will require that
its employees and agents who have access to such information maintain the
same in strict confidence after the termination of this Agreement; provided that
the Center's obligations hereunder shall not apply to information that was
already known to the receiving party prior to the time of first disclosure, as
demonstrated by contemporaneous, written documentation; or

a) 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 the receiving party; or

b) Is received without any obligation of confidentiality from a third party
having a legal right to disclose the same; or

c) Is independently developed by the receiving party by individuals without ~

access to such information, as demonstrated by contemporaneous,
written documentation; or

d) 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.

D. Data Rights and Protection:

The Center agrees to carefully restrict use and access of information to those

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persons designated by the Center and agrees that MCOME retains
ownership of its Data. Records provided by MCOME for review by the Center
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, or for any other purposes.
ASU may not release, store, save, disseminate or otherwise use Data in any
manner or form that is not authorized in this agreement.

ii. ASU agrees that it is responsible for safely maintaining the integrity and
confidentiality of MCOME’s data received or under its control as a result of
the Agreement. ASU will immediately notify MCOME upon discovery of a
breach of the Data, and will work cooperatively with MCOME to terminate,
minimize, and resolve the breach.

iii. The Center shall 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- i
VDRS. |

iv. The Center shall require all officers, agents and employees to keep all such
shared information strictly confidential as set forth in Section 15C. 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.

16. AUTHORITY:

A. This Agreement does not imply authority to perform any tasks, or acceptance
responsibility, not expressly stated in this Agreement.

B. This Agreement does not create a duty or responsibility unless the intention to do so
is clearly and unambiguously stated in the Agreement.

17. SECTION HEADINGS:

Sections and other headings contained in this Agreement are for reference purposes only and
shall not affect in any way the meaning or interpretation of this Agreement.

18. NOTICES, CORRESPONDENCE, AND REPORTS:

Notices, correspondence, and reports shall be sent to:

COUNTY ASU

Administrative Director Office for Research & Sponsored Projects
Maricopa County Office of the Medical Examiner Arizona State University

701 W Jefferson Street PO Box 876011

Phoenix AZ 85007 Tempe AZ 85287-6011

Phone: 602-506-3322

Email: asu.awards@asu.edu
Phone: 480-965-1427 i

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Copy: Charles Katz

ASU Center for Violence Prevention and
Community Safety

Attn: Charles Katz, Director

411 N. Central Ave, STE 680

Phoenix AZ 85004

Email: Charles. Katz@asu.edu
Phone: 602-496-1471

Copy: Aaron D, Krasnow, Ph.D
ASU HIPPA Privacy Officer

Asst VP/Director ASU Gounseling
Email: Aaron.Krasnow@asu.edu
Phone: 480-727-6884

SIGNATURE APPROVALS:

COUNTY

Chairman, Board of Supervisors (DATE)

APPROVED AS TO FORM ATTEST

by: <_ ANU w be Stoll OCT 10 2018

Attomey for the Board-of Supeivisérs: (DATE) | ei Ane Boor of Supgiors (DATE)
Office a€ Mie Mecteal Exam new

ARIZONA BOARD OF REGENTS APPROVED AS TO FORM

FOR AND ON BEHALF OF ARIZONA

STATE UNIVERSITY

By: G1 ke BLAS by Ween Sadler 4 2620 1%
ADATES, (DATE)

Heather Clark | Executive Blrector
Research Operations

Arizona State University

t 480-985-1427
asu.awards@asu.edu

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