HomeMy WebLinkAboutResolution - 2022-R0081 - Interlocal Agreement with ASU for Intimate Partner HomicideResolution No. 2022-R0081
Item No. 7.18
February 8, 2022
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock and its Police Department, an Interlocal
Agreement with Arizona State University for the University's research study of homicide
including intimate partner homicide in Texas, and related documents. Said Interlocal
Agreement provides for the Lubbock Police Department to share investigative material
with Arizona State University so that the University may conduct research into "intimate
partner homicides," including information concerning all solved (cleared and
exceptionally cleared) intimate partner and intimate partner related investigation case files
from 2016-2020. In return, the University will provide the Police Department with a copy
of its final report to aid the Police Department in its policies and procedures. Said
Interlocal Agreement is attached hereto and incorporated in this resolution as if fully set
forth herein and shall be included in the minutes of the City Council.
Passed by the City Council on February 8th A _, 2022.
L-1-j V
ATTEST:
ru ZA4e�� AC
Rebe a Garza, City Sec et
APPROVED AS TO CONTENT:
Barron, Asst. Chief of Police
APPROWT) AV. TO FORM-
DANIEL M. POPE, MAYOR
dRSStudy.202 Ldoc
Resolution No. 2022-R0081
Data Use Agreement
1. Parties
1.1. This Data Use Agreement ("Agreement") is entered into between the City of
Lubbock on behalf of the Lubbock Police Department ("DEPT") and the Arizona
Board of Regents for Arizona State University (the "University").
2. Background
2.1. The University is conducting a study of homicide including intimate partner
homicide in Texas ( "Study").
2.2. The Data will include information about victims, defendants, and victim next -of -
kin (the "Study Subjects")
2.3. Data are expected to include information that is not subject to public
dissemination for various reasons, including (but not limited to) personally
identifying information ("PII") and circumstances of the homicide event. The
subset of the Data that are not subject to public dissemination is referred to as
"Confidential Data".
2.4. DEPT wishes to disseminate Data to the University, subject to the prohibitions,
restrictions, terms, and conditions in this Agreement.
2.5. The University will use the analysis of the Data provided by DEPT to engage in
ongoing research and the development of prevention and intervention efforts
based on the Data.
3. Data Transfer
3.1. DEPT will disseminate responsive Data directly to the University.
3.2. Data from DEPT will include all solved (cleared and exceptionally cleared)
intimate partner and intimate partner related investigation case files from 2016-
2020.
1 of 9
3.3. In the event that Data needs to be electronically transferred, DEPT will transfer
Data to the University securely through email.
3.3.1. DEPT will encrypt the Data, using Advanced Encryption Standard (AES)
256 bit technology, with a strong password using the 7-Zip software
application prior to being transmitted through email.
3.3.2. DEPT will use strong passwords with the following characteristics:
3.3.2.1. A minimum of 12 to 14 characters in length;
3.3.2.2. A mix of different types of characters to ensure enhanced
security;
3.3.2.3. No obvious dictionary words and combinations of dictionary
words; and
3.3.2.4. No common substitutions such as replacing the letter "o" with the
number 0 in "HOuse."
3.3.3. The University will keep all Data in locked offices and all files shall be
protected with strong passwords as set forth above in Section 3.3.2.
3.3.4. The University will maintain any back-up copies of the Data with strong
passwords as set forth above in Section 3.3.2 to ensure continuity in
security.
4. Data Use and Dissemination.
4.1. DEPT will provide the University or individuals it designates with the Data and
will provide access to DEPT staff relevant to the Study. DEPT agrees that the
University may use the Data for further research and evaluation of intimate
partner and intimate partner related homicide in Texas.
2 of 9
4.2. To maintain confidentiality about the Study Subjects, the University will assign
a unique numeric code for each Study Subject that will be used in all computer
and hard copy records of the Data that is provided to the University.
4.3. Prior to University contact of the next -of -kin of homicide victims, the University
will provide template letter and/or telephone call script and language will be
agreed to by both Parties. This language/script will be used to contact next -of -
kin asking for their assistance in providing information for this research.
S. DATA STORAGE
5.1. The University will maintain a single computer electronic file, and one hard copy
backup, containing all information linking Study Subject PII with the Data and
will keep the single computer file on a password -protected computer in a locked
office, separate from the Data itself. The hard copy backup will be stored in a
locked office in a locked filing cabinet.
5.2. The University will use strong passwords as set forth above in Section 3.3.2 for
the computer housing the single computer file containing the Study Subject PII.
5.3. Only the University's study investigators and study research assistants will have
access to the Study Subject PII.
5.4. The University will destroy the Study Subject PII once it is no longer needed.
5.5. In obtaining and storing Data from DEPT, the University agrees to comply with
all applicable privacy and data protection laws, including A.R.S. §§ 8-409, 8-413,
12-2239,12-2240,13-4430,13-4434,18-521,18-522; and A.R.S. Title 49 (public
records), and all privacy and data protection laws applicable to the Study, and
not to make any disclosures to third parties in violation of these laws.
5.6. The University will not disseminate or disclose any PII to any other organization
or individual, other than DEPT and the study's researchers.
5.7. Any and all reports or publications produced as a part of the Study will present
data and findings in aggregated form.
3 of 9
5.8. If any disclosure or dissemination is made in contravention of the foregoing, the
University must return all research materials to DEPT.
5.9. DEPT agrees to refrain from disclosing any information about the Study to any
third parties without prior approval from the University.
6. Requests for Data by Third Parties
6.1. In the event that the University receives a request from a third party for the
disclosure of Data, for example a subpoena or public records request, the
University will promptly notify DEPT, and will discuss with DEPT an appropriate
response to the request.
6.2. In responding to such a request, the University will abide by all Federal, State,
and local laws regarding the confidentiality of the information requested.
6.3. If DEPT promptly notifies the University that it believes information responsive
to the request is not subject to disclosure under applicable law, the University
will not disclose the information that DEPT believes is not subject to disclosure
for ten business days following the University's notification to DEPT so that
DEPT may seek a court order enjoining or otherwise prohibiting the disclosure.
7. Ownership, publication, and release of research.
7.1. The University shall own all right, title, and interest in the research and any acts
of authorship related to or derived from the Study.
7.2. The University may prepare analyses, studies, reports, presentations, or other
material using the Data ("Data Products"). Any Data Products that do not contain
identifying or otherwise confidential information included in the Data may be
used and disseminated publicly by the University. On request of DEPT, the
University must provide, at no cost to DEPT, a copy of any Data Products
produced by the University.
IE
7.3. The University agrees to provide, at no cost to DEPT, analytical support, reports,
and/or presentations for matters related to data collected as part of this research
project. This support will be agreed to on an ad hoc basis between the Parties.
8. Effective Date. Term. and Termination. This Agreement will commence upon
the last date of execution by both parties and will remain in effect until completion
of the data collection and analysis described above, not to exceed four (4) years
from the last execution date, unless otherwise extended by mutual agreement of
the parties. Either party may terminate this Agreement upon written notice to the
other party.
9. Destruction of Data on Termination
9.1. On termination of this Agreement, the University must destroy the Data
containing Victim identifying information and personal identifying information
as defined in 2.3. Destruction of this Data will include any copies stored on a
local computer or server and any paper copies. Notwithstanding the foregoing,
University shall not be required to destroy or delete copies that become
embedded in its electronic storage systems through routine backup processes.
Redacted Data does not require destruction.
10. Remedies
10.1.The Parties agree that any violation of this Agreement that results in the misuse,
improper storage, or improper dissemination of the Data is not remediable by
money damages and that any misuse, improper storage, or improper
dissemination of the Data will entitled DEPT to injunctive relief ordering the
University to specifically perform under this Agreement.
10.2.Remedies in this Agreement are non-exclusive, and the non -exercise of one
remedy does not waive others.
11. Miscellaneous
11.1.Advice of Counsel. Each Party has consulted with and obtained the advice of
counsel regarding this Agreement.
5 of 9
11.2.Construction. This Agreement is the product of negotiation, and must not be
construed for or against any Party on the basis that that Party drafted this
Agreement.
11.3.No Assignment. No party may assign its rights or obligations under this
Agreement without the consent of all other Party.
11.4.Cancellation for Conflict of Interest. This Agreement is subject to cancellation
under A.R.S. § 38-511.
11.5.Compliance with Laws. The parties agree to comply with all applicable federal,
state, and local laws, rules, regulations, standards, and executive orders in the
performance of this Agreement.
11.6.Notices. All notices or demands upon either Party to this Agreement must be in
writing and must be personally delivered, or sent by certified mail, return receipt
requested, to:
For ASU:
Arizona State University
Office for Research and Sponsored Projects Administration
P.O. Box 876011
Tempe, AZ 85287-6011
Email: asu.awards@asu.edu
Copy: Jill Messing, MSW, PhD, Professor
Email: Jill.Messing@asu.edu
Copy: Jesenia Pizarro, PhD, Associate Professor
Email: Jesenia.Pizarro(@asu.edu
For City of Lubbock:
City Secretary
POB 2000
6of9
Lubbock, TX 79457-2000
(806) 775-2061
Email: ocs@mklubbock.us
Copy: Purchasing Department
Attn: Marla Alvarez, Dir. Of Purchasing
POB 2000
Lubbock, TX 79457-2000
(806) 775-2171
Email: malvarez@mvlubbock.us
Copy: Lubbock Police Department
Attn: Neal Barron, Assistant Chief of Police
POB 2000
Lubbock, TX 79457-2000
(806) 775-2816
Email: nbarron@mylubbock.us
Any notice under this paragraph will be deemed delivered on the date of
delivery, if personally delivered, or three business days after mailing, if sent by
certified mail.
11.7.Severability. In the event that any provision of the Agreement or the application
thereof is held invalid, such invalidity will have no effect on other provisions and
their application which can be given effect without the invalid provision, or
application, and to this extent the provisions of the Agreement are severable.
11.8.Waiver. Waiver by any Party of any breach of any term, covenant or condition in
this Agreement is not a waiver of any other term, covenant or condition, or any
subsequent breach of the same or any other term, covenant, or condition in this
Agreement.
11.9.Counterparts. This Agreement may be executed in counterparts, each of which
will be deemed an original, but all of which together will constitute one and the
same instrument.
11.10. Inspection and Audit of Equipment and Records. ECPO may inspect and perform
a reasonable audit of the University's records and equipment related to its use
7of9
and storage of the Data to determine whether the Data are being used and stored
in accordance with this Agreement and applicable law. Such inspection or audit
shall be during normal business hours with advance notice. Any request for
inspection or audit under this paragraph must be made in writing and addressed
and delivered under the Notices provision of this Agreement.
11.11. DEPT may withhold or redact records in its sole discretion or as required by
law.
11.12. The University will provide a copy of the finished report to DEPT.
12.Signature Approvals. IN WITNESS WHEREOF, the Parties have caused this
Agreement to be executed by their duly authorized representatives on the
respective dates entered below.
CITY OF LUBBOCK
on behalf of its Police Department
Daniel Pope, Mayor
Date: February 8, 2022
ATTEST:
QZuz-C,:� L2
Reb cca Garza, City retary
APPROVED AS TO CONTENT:
Neal Barron, Asst. Ch. Of Police
APPROVED AS TO FORM:
Arizona Board of Regents
for Arizon3AItate University
Signature.
Print Name: ,"jA&V
5slsr 7- I �z c►�
Date:
9of9