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HomeMy WebLinkAboutRES 10-08RESOLUTION NO. 10-08 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH ARIZONA STATE UNIVERSITY TO PARTICIPATE IN THE ARIZIONA VIOLENT DEATH REPORTING SYSTEM. WHEREAS,currently,17 states across the country have established reporting systems that compile statewide, comprehensive data o n violent deaths by collecting data from death certificates,medical examiner reports,and police department reports to further understand such events and inform communities,policy makers,planners,and decision makers so that preventive programs can be implemented; and WHEREAS,the Apache Junction Police Department desires to participate in Arizona's Violent Death Reporting System and provide to Arizona State University police and supplemental reports relating to violent deaths that occur in the City; and WHEREAS, the parties have crafted a written agreement which sets forth the conditions for such arrangement; and WHEREAS,in addition to the authority identified above, pursuant to A.R.S.§11-952(A), public entities may enter into agreements with other municipalities and governmental entities for joint or cooperative activities. NOW,THEREFORE,B E IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS: 1)The Mayor and City Council approve the intergovernmental agreement between the City of Apache Junction and Arizona State University and the Mayor is hereby authorized to sign the agreement on behalf of the City. 2)Staff shall record such document in the Pinal County Recorder's office within sixty (60)days after full execution by all Parties. RESOLUTION NO. 10-08 PAGE 1 OF 2 PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS ..6TH DAY OF APRTL 2010. SIGNED AND ATTESTED TO THIS 6TH DAY OF APR TI ,-A zJOHN S. INSALACO Mayor ATTEST: - KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: Q;e3•31 • 10 RICHARD J. STERN City Attorney RESOLUTION NO. 10-08 PAGE 2 OF 2 , 2010. INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA BOARD OF REGENTS FOR AND ON BEHALF OF ARIZONA STATE UNIVERSITY /THIS AGREEMENT is made and entered into this tday of AalL , 2010, by and between the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation,by and through its Police Department (hereinafter referred to as "AJPD"), and the ARIZONA BOARD OF REGENTS, for and on behalf of ARIZONA STATE UNIVERSITY (hereinafter referred to as "ASU"). AJPD and ASU are sometimes referred to herein collectively as the "Parties," or individually as a "Party." RECITALS A.AJPD, by collaborating with ASU's Center for Violence Prevention and Community Safety ("the Center"), is proposing to the Center for Disease Control the establishment of the Arizona Violent Death Reporting System ("AVDRS"). B.To date, seventeen states across the country have established such systems that compile statewide,comprehensive data on violent deaths by collecting information from death certificates, medical examiner reports, and police department reports. C.Objectives of these statewide data collection 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. AGREEMENT NOW, THEREFORE,in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties to this Agreement agree as follows: 1.TERM OF THE AGREEMENT:The term of this Agreement shall become effective upon execution by authorized representatives of the Parties (the final date both signatures have been obtained) and shall remain in effect unless terminated, canceled or extended as otherwise provided herein. 2.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) calendar days prior to the termination date.This Agreement may be modified at 1 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 this Agreement shall not be used for purposes other than those covered herein without prior approval of all the Parties. B.Any confidential medical information legally disclosed shall not be made available for any political or commercial purpose,nor shall such information be used as a basis for determining eligibility for care or source of payment for care to any individual. 4.HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT f"HIPAA") COMPLIANCE: A. The Parties agree to adhere to the 1996 HIPAA Privacy and Security Rules as defined in 45 C.F.R. Parts 160 and 164, and under Circular No. 2003-02 for policy and procedures. B.The Parties warrant that they will cooperate in the course of performance of the Agreement so that the Parties will be in compliance with HIPAA, including cooperation and coordination with state privacy officials and other compliance officers required by HIPAA and its regulations.The Parties will participate in any training that shall be required and shall sign any documents that are reasonably necessary to keep the Parties in compliance with HIPAA, including but not limited to business associate agreements, pledge of confidentiality,HIPAA training certification or other HIPAA related compliance documents. 5.APPLICABLE LAW:The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, State of Arizona.The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county.In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including:all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 6.CONFLICT OF INTEREST:This Agreement is subject to,and may be terminated by City in accordance with, the provisions of A.R.S. § 38-511. 2 7.INSURANCE:AJPD is insured by the Arizona Municipal Risk Retention Pool and ASU is self -insured for liability purposes per A.R.S. § 41-621. 8.RECITALS:The Recitals set forth above are incorporated herein by reference and form a part of this Agreement. 9.OBLIGATIONS: I. AJPD agrees to provide or continue to provide the Center with the following: a.Police reports,including such information as follows:typical incident narratives,person type (victim/suspect), name, age, sex, race, ethnicity,when and where injury/death occurred, wounds,associated circumstances,victim suspect relationship,history of victim abuse, victim/caretaker relationship, firearm descriptors, poison details, weapon used, and person purchasing firearm.This data will be made available to the Center from March 31, 2010 and forward on a monthly basis, if the incident involves a death. b. Supplemental reports, including: homicide report data related to person type (victim/suspect), name, age, sex, race, ethnicity, associated circumstances, weapon used, and any other available person descriptors for individuals residing within or events occurring within Arizona.This data will be made available to the Center retroactively from January 1, 2008 and forward on a monthly basis, if the incident involves a death. c. The name or names of the AJPD employees that will provide the information designated under Section I. d. It is understood AJPD will redact from materials provided to the Center all personal identifying information as defined in A.R.S. § 13-2001 that can be used in identity theft and all confidential medical information, except for victim names to match with Medical Examiner report data. II. The Center agrees to provide or continue to provide the AJPD 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 ADHS Human Subjects Review Board. b. Analytical support for matters related to data collected as part of the AVDRS. c.The Center will not use,nor disclose to any third party, information provided by AJPD in any manner whatsoever except as allowed in this Agreement, and will require that its employees and agents who have access to such information maintain the same in strict confidence subject to the same for three (3) years 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: 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 the 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 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. III. The Parties collectively agree to: a.Carefully restrict use and access of information to those designated by the Center.Data provided by AJPD is for the use of the AVDRS only and no copies may be made of such records to provide to other individuals or entities for other purposes. b.Prohibit any personal identifying information inadvertently supplied by AJPD from being released to anyone not working on AVDRS data collection, or the development of the AVDRS. c.Require all officers,agents and employees to keep all such shared information strictly confidential, 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. 4 10.NOTICES.CORRESPONDENCE,AND REPORTS:All notices, correspondence and insurance certificates required under this Agreement shall be sent as follows: If to AJPD:Jerald Monahan, Chief of Police City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 And to:R. Joel Stern, City Attorney City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 If to ASU:Office for Research & Sponsored Projects Admin. Attn: Dudley Q. Sharp Arizona State University P.O. Box 873503 Tempe, Arizona 85287-3503 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above.. ATTEST: By: Kathy Connelly, City Clerk ARIZONA BOARD OF REGENTS, for and on behalf of ARIZONA STATE UNIVERSITY By:Dudley Q. Sharp Its:Assistant Director. Research Administration CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By:John S. Insalaco Its:Mayor 5 STATE OF ARIZONA ) ss. County of The foregoing was acknowledged before me this day of , 2010, by Dudley Q. Sharp, Office for Research & Sponsored Projects Administration at Arizona State University, who acknowledged that she signed the foregoing instrument for and on behalf of the university. Notary Public My Commission Expires: STATE OF ARIZONA ) ss. COUNTY OF The foregoing was acknowledged before me this day of ,2010,by John S.Insalaco,the Mayor of City of Apache Junction, Arizona, an Arizona municipal corporation, who acknowledged that he signed the foregoing instrument on behalf of City. My Commission Expires: Notary Public 6 COUNSEL APPROVAL AS TO FORM: I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Arizona State University Date Office of General Counsel I have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. R. Joel Stern, Apache Junction City Attorney Date 7