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Home My WebLink AboutResolution - 2006-R0379 - Contract For Vital Statistics Services - State Health Services - 08/10/2006Resolution No. 2006-R0379 August 10, 2006 Item No. 5.16 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 a Contract for vital statistics services (DSHS Document No. 537537537*2008H-01) and any associated documents by and between the City of Lubbock and the State Department of State Health Services (formerly Texas Department of Health), a copy of which Contract and associated documents are attached hereto and which shall be spread upon the minutes of this Council and as spread upon the minutes of this Council shall constitute and be a part hereof as if fully copied herein in detail. Passed by the City Council this loth day of August , 2006. ATTEST: .Q" Rebecca Garza, City Secretary APPROVED AS TO CONTENT: r Tommy C en, Health Director APPROVED AS TO)FORM: , G..'Vandiver, Aitorney of D Dres/DS HScon V i tStat06 Res July 28, 2006 ", Resolution No. 2006-RO379 DSHS DOCUMENT NUMBER: 537537537D*2008H-01 STATE OF TEXAS COUNTY OF TRAVIS This CONTRACT and AGREEMENT by and between the Department of State Health Services, Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and LUBBOCK CITY HEALTH DEPARTMENT, hereinafter referred to as RECEIVING AGENCY, is as follows: I. SCOPE OF WORK: 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 databases, 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. II. LEGAL AUTHORITY TO CONTRACT Chapter 12, Health and Safety Code. 1��11�1;7u1 The term of this AGREEMENT is to begin September 01, 2006 and shall remain in effect until August 31, 2008. IV. COMPENSATION 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. RECEIVING AGENCY agrees to charge the same base search fee for a birth certificate as the PERFORMING AGENCY. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 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. V. 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 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. VI. SECURITY RECEIVING AGENCY agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify DSHS immediately should it detect a security violation by one of its employees or any other person. RECEIVING AGENCY is responsible for insuring that authorized RECEIVING AGENCY employee(s) use only their own individual passwords while logged into PERFORMING AGENCY'S on-line computer applications. PERFORMING AGENCY will inactivate any individual who does not use their account for ninety (90) days. RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations. V II. INSPECTIONS RECEIVING AGENCY shall permit authorized PERFORMING AGENCY personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. VIII. VOIDED RECORDS PERFORMING AGENCY will handle credit requests for voided records due to mistakes or errors on a case -by -case basis. Credit requests may be considered in those cases of emergency situations, i.e., equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these requests in writing along with pertinent documentation to provide a justification to the State Registrar and/or designee for approval. PERFORMING AGENCY will provide written documentation to the RECEIVING AGENCY on the status of the approval of credit requests. RECEIVING AGENCY must notify PERFORMING AGENCY'S Security Manager in writing to clear voided records from the remote access system's customer lifetime counts. IX. 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. X. 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. XI. FUNDING This contract is contingent upon the availability of funding. PERFORMING AGENCY may amend or terminate all or any part of this contract if available funds become reduced, depleted, or unavailable during the term of this contract. 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. W EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED. RECEIVING AGENCY LUBBOCK CITY HEALTH DEPARTMENT David A. Miller, Maybr (Title) Date: August 10, 2006 PERFORMING AGENCY DEPARTMENT OF STATE HEALTH SERVICES By: Bob Burnette, Director Client Services Contracting Unit Date: Recommended by: VID#: 35375375371000 e and Title) APPROVED TOFORM: �ame and Title) ATTEST: DSHS DOCUMENT NUMBER: 537537537D*2008H-01 Rebe ca Garza, City Secre�y 4