CTR053289 A1.pdf

CONTRACT AMENDMENT

ARIZONA DEPARTMENT OF

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530 Phoenix, Arizona 85007

CONTRACT NO.: CTR053289 AMENDMENT NO.: 1 Kristine Newton

Emergency Medical Services (EMS) and Hospital Information Registry System

Effective upon signature by both parties it is mutually agreed that the Contract referenced in this Amendment is amended as follows:

Pursuant to the Uniform Terms and Conditions, Provision Five (5) Contract Changes, Section 5.1 Amendments, the following changes are made under this Amendment One (1).

1.1 A Collaborative Enrollment Agreement from the Contractor is added to the Contract as Exhibit B. The Exhibit is on the following page of this Amendment One (1).

ALL OTHER PROVISIONS SHALL REMAIN IN THEIR ENTIRETY

Contractor hereby acknowledges receipt and acceptance of above amendment and that a signed copy must be filed with the Procurement Office before the effective date

The above referenced Contract Amendment is hereby executed this _____ day of __________ 2021 at Phoenix, Arizona

(To be filled out by Procurement Office)

Contractor Signature

Contractor Signature Date

Joseph T. Graw, President

ImageTrend, Inc.

Procurement Officer Signature

30th November

Christine Ruth

Digitally signed by Christine Ruth Date: 2021.11.30 16:49:57 -07'00'

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530

COLLABORATE DATA INITIATIVE

ENROLLMENT AGREEMENT

Defined as Exhibit B

Introduction

The healthcare industry is full of underutilized data, which could be used to make a lasting positive impact on the community. The ImageTrend, Inc. Collaborate initiative is taking on the challenge to aggregate this data for better shared insights.

ImageTrend Collaborate brings together de-identified data to reach higher levels of awareness, including trends, comparisons, established benchmarks, health issues and epidemics, and evolving needs. With aggregate data, the potential for machine learning to advance greater analyses, complex ideas and predictability.

By entering into this Exhibit B to Contract CTR053289 and enrolling in the Collaborate program, ADHS will enable Ima organization and industry. participation in the Collaborate program is governed and protected by the terms listed below.

Agreement

This Collaborate Data Anal Agreement ADHS ImageTrend ADHS and ImageTrend

ImageTrend provides data management services to ADHS;

ADHS

Collaborate data analytics platform; and

ADHS wishes to permit ImageTrend to create de-identified sets of current and future ADHS data for the limited purposes stated herein.

In consideration of the agreements contained herein, the parties hereby agree as follows:

1. Purpose for Use or Disclosure of Data Controller Data

A. Permitted Uses. The purpose of this Exhibit B is to improve patient care, public safety and related outcomes through the sharing of data. ADHS will grant ImageTrend access to data to enable ImageTrend to aggregate de-identified data, conduct meaningful analysis across multiple data sources, and develop comparative research and reporting for cross-

Purpose Exhibit B hereby expands the scope of data use in all agreements between the Parties. Any additional use of data not contemplated by this Exhibit B shall require a separate written Amendment mutually agreed to by the Parties.

B. Description of the Data Provided. The data provided under this Exhibit B shall be limited to the de- De-Identified Data Set

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530

C. ADHS Access. ImageTrend shall provide ADHS with access to Collaborate to view and analyze ADHS data. The Collaborate platform will provide ADHS with access to ADHS combined NEMSIS Version 2 and 3 data, License Management, and Patient Registry data.

2. Obligations of ImageTrend

A. De-Identification Method. ImageTrend shall create the De-Identified Data Set in accordance with the then current HIPAA Safe Harbor Rule (45 CFR § 164.514(2)(i)) by removing the ensure its methods for creating De-Identified Data Sets comport with industry best practices and guidance such as National Institute of Standards and Technology Interagency or Internal Report (NISTIR) -http://dx.doi.org/10.6028/NIST.IR.8053). ImageTrend shall use reasonable administrative, technical, and physical safeguards to protect and prevent unauthorized disclosure of any De- Identified Data Set.

B. Reporting. ImageTrend shall report to ADHS within three (3) business days upon becoming aware of any unauthorized use or disclosure of information not authorized by this Exhibit B or applicable law. If the identity of any person is discovered inadvertently, ImageTrend will immediately notify ADHS, and safeguard or destroy the information that led to the unintended identification.

C. Ownership of Data. ImageTrend acknowledges that, as between the ADHS and ImageTrend, all data provided by ADHS under this Exhibit B shall be and remain the sole property of ADHS.

For the avoidance of doubt, ImageTrend shall not acquire any right, title, or interest in data, except for those rights, licenses, and interests expressly provided for in this Exhibit B.

D. HIPAA Compliance. ImageTrend shall take all reasonable steps to comply with all HIPAA requirements in performance of this Exhibit.

E. Confidentiality. ImageTrend shall not disclose ADHS data for any purpose, except as provided in this Agreement.

3. Authorization

A. License for Use of ADHS Data. ADHS hereby grants ImageTrend a non-exclusive license to access, use, aggregate, analyze, display, compare, and compile data. ImageTrend shall obtain from ADHS final approval on any report using ADHS data that geographically identifies Arizona or any smaller regions within Arizona prior to publication. ADHS hereby authorizes ImageTrend to distribute, present, publish and create derivative or collective works of de-identified data, including combining, comparing, and exposing data with

Collaborate Data

B. Data Initiatives. ADHS hereby directs ImageTrend to contact ADHS regarding grant funding and other Purpose-focused initiatives related to the ADHS data and Collaborate Data.

HEALTH SERVICES

OFFICE OF PROCUREMENT

150 N 18th Ave., Ste. #530

4. Term and Termination

A. Term. This Exhibit B shall continue in effect until termination of the Contract executed

August 17, 2021.

B. Termination. ADHS to access data at any time by providing reasonable advance written notice to ImageTrend.

C. Effect of Termination. Upon termination, ImageTrend will promptly discontinue collection of data. ADHS agrees and acknowledges that ADHS data may continue to be reflected in published works or analyses of aggregated data after termination of this Exhibit B.

5. Notices. Notices permitted or required under this Agreement shall be made in writing to the following:

If to Data Controller: If to ImageTrend:

Arizona Department of Health Services ImageTrend, Inc.

150 N. 18th Avenue, Suite 530 20855 Kensington Blvd.

Phoenix, AZ 85007 Lakeville, MN 55044

This Exhibit B is executed by the Parties as of ______________, 2021.

Arizona Department of Health Services ImageTrend, Inc.

Signature: Signature:

Print Name: Christine Ruth Print Name:

Title: Chief Procurement Officer Title:

Date: Date:

Signature on File

November 30