HomeMy WebLinkAboutResolution - 5621 - Contract - TDH, BVS - Public Health Services - 09_11_1997Resolution No.5621
Item #27
September 11, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and
between the City of Lubbock and the Texas Department of Health, Bureau of Vital Statistics,
and any associated documents, which Contract shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 11th day of September , 1997.
AIEX "TY" COOKE
AT ST:
iay'th'i#arnell, City Secretary
APPROVED AS TO CONTENT:
r--
— ID6t�
Doug Goodmokmanaging Director of
Health/Comm y Services
APPROVED AS TO FORM: '
Dbood G. Vandiver, First Assistant
City Attorney
da/ccdmslc-tdh.res
September 2, W
William R. Archer III, M.D.
Commissioner
November 21, 1997
T*71
TDH
is�cns oarean�T or t�u.rEt
Texas Department of Health
http://www tdh.state.txus
1100 West 49th Street
Austin, Texas 78756-3199
512l458-7111
DOUG GOODMAN
PUBLIC HEALTH ADMIN.
LUBBOCK CITY HEALTH DEPARTMENT
P. O. BOX 2548
LUBBOCK, TX 79408-2548
Dear MR. GOODMAN:
RECEIVED
DEC 0 1 1997
LUMM CITY HEALTH SETT.
Patti J. Patterson, M.D., M.P.H.
Executive Deputy Commissioner
TDH Document: 501501501C*OEK
I have enclosed an approved copy of your public health services contract. Please file it with the office of record for
your agency.
If you have any questions, please call the Grants Management Division, Contract Development Section, at 5121458-
7470.
Sincerely,
TIda4tk, k ,
Linda Farrow, Chief
Bureau of Financial Services
LF:sw DEC 0 1 1997
Enclosures CITY SEC:nL [Ajjy
LIUBBOCK, TEXAS
An Equal Employment Opportunity Employer.
• Resolution No. `�
Item #27
• September 11, 1997
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 50150I 501 C* OEK-01
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistic,
bwamafta referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program
Lubbock Cfty4DWW Health Department (City of Ubbock)
hereinafter referred to as RECEIVING AGENCY, is as follows:
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING AGENCY from 7:00
a.m. to 6:00 p.m. Monday tbru Friday, except holidays. In the event of an emergency or computer application error.
Performing Agency may temporarily suspend services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY data bases, locate data, and issue CftWk fiaus of Vital
Records to authorized individuals requesting such data. The certifications will be in a format formally approved by
PERFORMING AGENCY. No limit will be established on the number of searches per mouth not resulting in issttatrce
of a certification, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and purchase 'bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
m connection of the equipment, furnish software program and provide technical assistance, if necessary..
RECEIVING AGENCY aclmowledges that records may not be located in the searchin& piocesa instituted by RECEIVING
AGENCY or records which are located may have errors due to:
A) normal key -entry errors in spellings;
II) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced on "bank iota"
paper, including voided documents.
RECEIVING AGENCY is responsible for mainkAining a system of vital record keeping that is in accordance with
Chapters 191 through 195 of the Health and Safety Code and the regulations adopted thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
1 W, Z„
The term of this contract will begin upon its execution by both parties and will continue in force and effect until either
party gives sixty (60) days written notice of termination to the other party.
M.
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 93/100) for each
Certification of Vital Record printed as a result of searches of the database.
A modbly itemized billing showing the number of transactions by date will be submitted to RECEIVING AGENCY by
PERFORMING AGENCY aid payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
CONFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other , than RECEIVING AGENCY employees) or those who have an official used for the
information and are authorized to receive such records. RECEIVING AGENCY further agrees records obtained and
issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data
for other purposes must be agreed to in writing by both parties.
y, SECUR=
Receiving Agency agrees to impleama all reasonable and necessary procedures to ensure that only authorized Users will
have access and will notify TDH immediately should it detect a security violation by one of its employees or any other
PWSM
YL. TERMINATION
lhis contract may be terminated either bVw turd agreement of the parties or by either party upon the giving of sixty (tom
days wrkm notice to the other party. RECEIVING AGENCY agrees to pay PERFORMING AGENCY for all services
completed prior to the effective date of such termination. Performing Agency may immediately suspend this agreement
upon reasonable suspicion that terms of this agreement have been violated by the Receiving Agency or one of its
employees. If, after investigation it is 000ckxW tint a violation of this agreement has occurred, Performing Agency may
terminate this agreement without further notice.
YL APPLICABLE LAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs under Executive Order 12549, Debarment and Suspension. RECEIVING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECEIVING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
Yam. SEVRRA$IT ITY
Hany pmvision of this contract will be cued to be illegal or invalid, this will not affect the legality or validity of any
of the other provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrorn to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
i L FUNDING
This easatr o is contingent upon the availability of funding. RECEIVING AGENCY will have no right of action against
the State of Texas or the PERFORMING AGENCY in the event that PERFORMING AGENCY is tmablo to fidfill its
obligations under this contract as a tesuit of the suspension, termination, withdrawal, or Ware of fimding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for say Attachment(s) to this
contrail. If fiords became unavailable, provisions of the Termination Article will apply.
Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract,
RECEIVING AGENCY agrees to hold PERFORMING AGENCY and/or federal government harmless and to indemnify
them from and against any and all claims, demands, and causes of action of every kind and character which may be
asserted by any third parry occurring in any way incident to, arising out of, or in connection with the performance of
services by RECEIVING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph IB of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY PERFORMING AGENCY
Lubbock City Health Department
17 ..
1 Olu u_ I!: ':
Date:
R ed by:
(Name itle)
R. Doug ng Director cf Health
and Ccrrmmity Services
APPROVED AS TO F RNi:
By:
(Name and Title)
rt vj�k A c, � -t 6t<xk�( C, �k� PJ 6vqQ�
TDH Document: No. 501501501C* OEK-01
TEXAS DEPARTMENT T= AT 'r"
B
Linda w, Chief
Bu of Financial Services
Date:
APPROVED AS TO FORM:
Resolution No.5621
Item #27
September 11, 1997
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock a Contract, attached herewith, by and
between the City of Lubbock and the Texas Department of Health, Bureau of Vital Statistics,
and any associated documents, which Contract shall be spread upon the minutes of the Council
and as spread upon the minutes of this Council shall constitute and be a part of this Resolution
as if fully copied herein in detail.
Passed by the City Council this 11 th day of
AT ST:
ithi arnell, City Secretary
APPROVED AS TO CONTENT:
Doug GoodnL"anaging Director of
Health/CommImAv Services
APPROVED AS TO FORM:
D pold G. Vandiver, First Assistant
City Attorney
S*iemhu 2. JW7
September 1997
ALEX "TY" COOKE
Resolution No. 5621
Item #27
September 11, 1997
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER:
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics,
hereinafter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program
Lubbock City-O&W Health Department (City C f Ld boCk)
hereinafter referred to as RECEIVING AGENCY, is as follows:
L SCOPE OF W
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING AGENCY from 7:00
a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error,
Performing Agency may temporarily suspend services without advance notice.
RECEIVING AGENCY will search PERFORMING AGENCY data bases, locate data, and issue Certifications of Vital
Records to authorized individuals requesting such data. The certifications will be in a format formally approved by
PERFORMING AGENCY. No limit will be established on the number of searches per month not resulting in issuance
of a certification, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and purchase "bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program and provide technical assistance, if necessary.
RECEIVING AGENCY acknowledges that records may not be located in the searching process instituted by RECEIVING
AGENCY or records which are located may have errors due to:
A) normal key -entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist on the data base information.
RECEIVING AGENCY is to maintain an inventory control and account for each document produced on "bank note"
paper, including voided documents.
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance with
Chapters 191 through 195 of the Health and Safety Code and the regulations adopted thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
IL TERM
The term of this contract will begin upon its execution by both parties and will continue in force and effect until either
party gives sixty (60) days written notice of termination to the other party.
IL COMPENS
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 83/100) for each
Certification of Vital Record printed as a result of searches of the database.
A monthly itemized billing showing the number of transactions by date will be submitted to RECEIVING AGENCY by
PERFORMING AGENCY and payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
VL1 CONFIDENTIALITY
RECEIVING AGENCY will maintain sufficient safeguards to prevent release or disclosure of any information obtained
hereunder to anyone other than RECEIVING AGENCY employee(s) or those who have an official need for the
information and are authorized to receive such records. RECEIVING AGENCY further agrees records obtained and
issued, as specified tinder this contract, will be used for purposes as herein set out and the use of these records or data
for other purposes must be agreed to in writing by both parties.
V SECURITY
Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will
have access and will notify TDH immediately should it detect a security violation by one of its employees or any other
person.
YL TERMINATION
This contract may be terminated either by mutual agreement of the parties or by either party upon the giving of sixty (60)
days written notice to the other party. RECEIVING AGENCY agrees to pay PERFORMING AGENCY for all services
completed prior to the effective date of such termination. Performing Agency may immediately suspend this agreement
upon reasonable suspicion that terms of this agreement have been violated by the Receiving Agency or one of its
employees. If, after investigation it is concluded that a violation of this agreement has occurred, Performing Agency may
terminate this agreement without further notice,
YJLL APPLICABLE LAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs under Executive Omer 12549, Debarment and Suspension. RECEIVING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECEIVING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
YM SEVERABILITY
If any provision of this contract will be construed to be illegal or invalid, this will not affect the legality or validity of any
of the other provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrom to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
12L FUNDING
This contract is contingent upon the availability of funding. RECEIVING AGENCY will have no right of action against
the State of Texas or the PERFORMING AGENCY in the event that PERFORMING AGENCY is unable to fulfill its
obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachment(s) to this
contract. If funds become unavailable, provisions of the Termination Article will apply.
Except to the extent that Chapter 104 of the Texas Civil Practice and Remedies Code is applicable to this contract,
RECEIVING AGENCY agrees to hold PERFORMING AGENCY and/or federal government harmless and to indemnify
them from and against any and all claims, demands, and causes of action of every kind and character which may be
asserted by any third party occurring m any way incident to, arising out of, or in connection with the performance of
services by RECEIVING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph IB of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY PERFORMING AGENCY
Lubbock City Hqalth nt,
(Name)
By: EX TY (Name) COOKE
-
—MAYOR PRO TEM
{Title)
Date:
Recgmj►ended by:
(Nam Title)
R. Do Mmaging Director of Health
and Carmmity Services
APPROVED AS TO ORM:
f
By:
ame and Title) .
rtr�t Ass`f'.
By:
Linda Farrow, Chief
Bureau of Financial Services
Date:
APPROVED AS TO FORM:
By:
Office of General Counsel