HomeMy WebLinkAboutResolution - 2005-R0504 - Amendment To Contract - DSHS - Vital Statistics Services - 11_07_2005Resolution No. 2005-RO504
November 7, 2005
Item 5.8
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LLTBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock Amendment No. 1 to a Contract with
the Texas Department of State Health Services (DSHS Document No. 501501501 C*
OEK-01-A) for vital statistics services and any associated documents by and between the
City of Lubbock and the Texas Department of State Health Services, a copy of which
Contract Amendment No. 1 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 7th day of
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Tommy Ca en, Health Director
APPROVED AS TO FORM:
Donald G. Vandiver, Attorney A--tttorney of Counsel
DDres/TDHVitStatAmend I Res
Octobu 6, 2005
, 2005,
UGAL, MAYOR
Contract #: ✓ Change Order #: Requisition #: ITB# 1 RFP# 1 RFQ# (if Applicable):
CONTRACT COVER SHEET
See Step -by -Step Contracting Process on CLIC for Instructions
(Type or Print all information with the exception of Signatures and Signature Dates)
Forward the complete contract package to Contract Management, Municipal Building Suite 204, for review, approval and contract
execution. The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of
three (3) originals of the contract or amendment; and minimum of three (3) originals of all other certifications and contract addenda.
Attached Contract must be "Approved as to Content" by Director and "Approved as to Form" by Legal. The following signatures are
required to process Contract Cover Sheet, IMPORTANT: Each person who signs the Contract Cover Sheet must carefully review the
attached contract document before sic ins* the contract corer sheet.
�.-.
Risk Manager: � i' Ins Cert Regd: A'A4 � Date: Id e 'CK
Dir of Fiscal Policy ADate: 10 .1A -bS
Asst City ManagerJChief: , Date:
Originating Dept and Individual Res nsible for Ensuring Contract Terms and Contract Compliance:
Department: Haab Name: Tommy Camden
Phone Number: 8W775-2899 � Title: Public Health Director
Information for Vendor/Contractor/Agency or Other Entity City of Lubbock is Contracting With:
Name of Entity: Texas Department of State Health Services
Address: 110-0 West 4P Street
City: Austin- State: TZt zip: 7B75fi-3119
Contact Name: CIEK-01A1 SWMm _
Contract Signatory: Bob & mette i Title: Director Procurement and Contracting
Phone #: Fax M E-mail:
Contract Information:
Brief Description of Goods or Services or arrangements covered by the terms of the contract:
ABow the Health Department to charge the same base search fee for a birth certificate as does the Department of State Health
j Services
Effective Date. Upon Execution by Authorized Signatories OR Other (Specify Date):
End Date: Notice To Proceed + (Specify # of Days) OR Other (Specify Date):
Financial Information
Cost Center: 5417
Will Contract Yes, see amount below
Revenute If so, amount: $900
Account #: MUM Amo Not To Exceed: $9.00 �
�. Other: (HOC ti i Cci Cam.
Reviewed by Purchasing/Contract Manager,
Project Number (if applicable):
Will Contract Be Paid From Grant Funds: No
Notes:
Date: lD -31-Os
ContractCoverSheet.doc (Rev 0&09/05)
Contract Form and Signatory
Contract: LVendor Contract/Document Signatory: Mayor
contract Unecklist (Not applicable to Change Urders or Amendments)
1. Is this individual or owner of this business an officer or employee of the City of Lubbock? No
[Note: If Yes, City policy may not allow us to write a contract for this individuaUvendor.] If unsure, check with Legal.
2. Are all documents in order and submitted at least 5 business days prior to the start date for services for standard contracts or at least 20
business days prior to start date for services if using a non-standard contract? Yes
[Note: If No, and not associated with a building repair, complete a "Justification for Untimely Contract Submittal" form.]
3. Does the contract, Licensing Agreement, insurance or other document requiring signature originate from the vendor? Yes - SEE NOTE
[Note: If Yes, must be reviewed by Legal. Forward to Purchasing Department.]
..... .............. ... ...._.-_._..... _ . .. ._..... .... _
4. Does the contract involve work by the contractor on City owned property? No
(Note: If Yes, contact Risk Management at (806) 775-2277.)
5. Does the contract involve the purchase of hardware, software, firmware or computer component acquisition? No
[Note: If Yes, A Purchase Requisition from Information Technology is required. Contact IT at (806) 775-2374.)
_ .... __
6. Does the contract involve a purchase valued at $2,500 or more? No
[Note: If Yes, A Purchase Requisition is required. For assistance, contact your Buyer in the Purchasing Department.)
7. Does the contract involve a purchase valued at $25,000 or more? No
[Note: If Yes, Formal Competitive Sealed Bidding is required. For assistance, contact your Buyer in the Purchasing Department.)
8. Does the contract involve Consulting Services valued at $25,000 or more? No
[Note: If Yes, requires Request for Qualifications. Contact Purchasing Manager (806) 775-2165.)
_......... _ ..... .... ..... .._._ ._.... _... .._... . _.............. .......... .....
......_
9. Does the contract involve purchase of construction valued at $25,000 or more? No
[Note: If Yes, Requires Payment Bond.]
10. Does the contract involve urchasie of construction valued at $100,000 or mo
re? are? No
[Note: If Yes, contract requires Performance Bond]
_...._._ ...... _....... ......... ... _ _...................... .. . ................. .
11. Does the contract include language for Insurance Requirements? No
(Note: If Yes, contact Risk Management at (806) 775-2277.)
- ._...._....._ _._.._.... -- _ ._...... -......_..._.__........_-__..............-
12. If state funded, does the contract require language for Child Support certification? No
[Note: If Yes, attach Child Support Certification, form OCA-S-99-25 for state funded acquisition.]
13. If federal or state funded, does the contract include all clauses required by federal or state statutes and executive orders and their
implementing regulations? No
__.. - .... .....T.............. .... ._...... ..
14. If the purchase/transaction involves the purchase, lease, acceptance as a gift, etc. of real estate, has an environmental site assessment
(ESA) been performed on the property? No
[Note: If No, contact Environmental Compliance at x2880 or x2119.]
Contract Award by City Council (enter applicable information)
Council Date: 11/712005 Council Agenda Item #: � $ �Y Resolution #: cn40—'5' 7
The complete package includes one (1) copy of the completed Contract Cover Sheet (for internal City use only); minimum of three (3)
originals of the contract or amendment; and minimum of three (3) originals of all other certifications and contract addenda. Forward the
complete contract package to Contract Management, Municipal Building Suite 204,for review, approval and contract execution.
ContractCoverSheet.doc (Rev 06/09/05)
Resolution No. 2005-RO504
November 7, 2005
Item 5.8
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 Amendment No. 1 to a Contract with
the Texas Department of State Health Services (DSHS Document No. 501501501C*
OEK-01-A) for vital statistics services and any associated documents by and between the
City of Lubbock and the Texas Department of State Health Services, a copy of which
Contract Amendment No. 1 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 7th day of
ATTEST:
Reb cca Garza, City Secretary
APPROVED AS TO CONTENT:
Tommy Ca en, Health Director
APPROVED AS W FORM:
Donald G. Vandiver, Attorney of Counsel
DDres/TDHVitStatAmend 1 Res
October b, 2005
RECEIVED
Nov 2 1 2005
LUBBOCK HEALTH DEPT,
CITY OF LUBBOCK
MEMO
TO: LEE ANN DUMBAULD, CITY MANAGER
FROM: TOMMY CAMDEN, HEALTH DEPARTMENT DIRECTOR
SUBJECT: AGENDA COMMENTS - NOVEMBER 7, 2005 CITY COUNCIL MEETING
DATE: OCTOBER 12, 2005
ITEM# / SUBJECT:
Consider a resolution authorizing and directing the Mayor of the City of Lubbock to
execute for and on behalf of the City of Lubbock Amendment No. 1 to a Contract with the
Texas Department of State Health Services (DSHS Document No. 501501501C* OEK-01-A)
for vital statistics services and any associated documents.
BACKGROUND / DISCUSSION:
This contract amends the contract between the City of Lubbock Health Department and
the Department of State Health Services originally approved by Council on September 11,
1997. The contract calls for the Lubbock Health Department to charge the same base
search fee for a birth certificate as does the Department of State Health Services. The fee is
currently set at $9.00 per record search. Additional fees may only be charged as
authorized by Texas Health and Safety Code 191.
The term of this contract will begin upon its execution by both parties and will continue in
force and effect until August 31, 2006.
FISCAL IMPACT:
There is no impact to the General Fund.
SUMMARY/RECOMMENDATION:
Health Department staff recommends approval of the contract.
g: Agenda Comments —Vital Statistics Amendment— November 2005
STATE OF TEXAS
COUNTY OF TRAVIS
COIQTR ACT NO.
6533
AMENDMENT NO. 1
RECEIVED
NOV 2 1 2005
LUBBOCK HEALTH DEPT,
DSHS Document No. 501501501C* OEK-01-A
It is mutually agreed by and between the contracting parties to amend the conditions of
Document No. 501501501C* OEK-01 as written below. All other conditions not hereby
amended are to remain in full force and effect
Texas Department of Health (TDH) is replaced with Department of State Health Services
(DSHS) throughout the entire contract.
SECTION II. TERM is replaced with the following:
The term of this contract will begin upon its execution by both parties and will continue in force
and effect until August 31, 2006.
SECTION III. COMPENSATION is revised to include the following:
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.
SECTION V. SECURITY is revised to include the following:
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.
In witness whereof, the parties hereto have caused this contract amendment to be executed in
duplicate originals, by their duly authorized representatives.
DEPARTMENT OF STATE HEALTH LUBBOCK CITY HEA� DEPARTMENT
SERVICES /
By:
Bob Burnette, Director
Client Services Contracting Unit
Date.
DO
Name: Karc McDougal, Mayor
Date: November 7, 2005
DSHS Document No.: 501501501C* OEK-01-A
ATTEST: as to tu, m:
ATTACHMENT — Page 1
me ecca a a, i y sec tart 9r ��r°`not
Resolution
Item #27
September
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 501501501C* OEK-01
No.
11, 1997
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 -fit'. Health Department (City of Ltflbock)
hereinafter referred to as RECEIVING AGENCY, is as follows:
•• • .•a
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.
t 4 0 0 0 1C t u
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.
t
ILL
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 fallowing the billing date. Payment
will be considered made on the date postmarked.
M 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 fnrtber 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
far other purposes must be agreed to in writing by both parties.
Y. 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 muh-I 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 oonehidod that a violation of this agreement has occurred, Performing Agency may
terminate this agreement without finther notice.
M APPLICABLE LAWS AND STANDARDS
RECE[VING 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 tbat 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.
3M SEVERABILIT'Y
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 bereof. Ilse illegal or invalid provision will be deemed stricken and deleted herefrom to the lama
extent and effect as if never incorporated herein, but all other provisions will continue.
I& FUNDING
Ibis contract is contingent upon the availability of fining. 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 binding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any AttachaieWs) 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 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 Ili of this contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY PERFORMING AGENCY
I-Obbock City Health Department
..COOKE
c us 1: PRO TEM
Data: _ ( 7
RecoaxaMded by:
(Name Title)
R. Doug GoodnAsyManaging Director of Health
and Cc.Trr izii ty Services
APPROVED AS TO F RM:
e
By:
(Name and Title)
A 55* N� C'&� P*VKe
TDF Document No. 501501501C* OEK-01
TEXAS DEPARTMENT OF REAL
Linda w, Chief
Bu u of Financial Services
Date:
APPROVED AS TO FORM:
CONTRACT NO.
. - 653 3-
STATE OF TEXAS §
COUNTY OF TRAVIS §
AMENDMENT NO. 1
DSHS Document No. 501501501C* OEK-01-A
It is mutually agreed by and between the contracting parties to amend the conditions of
Document No. 501501501C* OEK-01 as written below. All other conditions not hereby
amended are to remain in full force and effect.
Texas Department of Health (TDH) is replaced with Department of State Health Services
(DSHS) throughout the entire contract.
SECTION U. TERM is replaced with the following:
The term of this contract will begin upon its execution by both parties and will continue in force
and effect until August 31, 2006 .
SECTION III. COMPENSATION is revised to include the following:
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.
SECTION V. SECURITY is revised to include the following:
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.
In witness whereof, the parties hereto have caused this contract amendment to be executed in
duplicate originals, by their duly authorized representatives.
DEPARTMENT OF STATE HEALTH LUBBOCK CITY HEATH DEPARTMENT
SERVICES
By:
Bob Burnette, Director
Client Services Contracting Unit
Date:
Name: Marc iccDougal , Mayor
Date: November ' 7, 2005
DSHS Document No.: 501501501C* OEK-01-A
ATTEST: as toZ�
ATTACHMENT — Page 1 fiJ'
Kepecca L ec tart' it fitx XtPItaw
��� 1
Resolution
Item #27
September
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 501501501C* OEK-01
No.
11, 1997
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics,
baausfter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program
Lubbock City-ftoM Health Department (City of LLbbcx*)
hensinafter referred to as RECEIVING AGENCY, is as follows:
pI DRMiNG AGENCY agrees to provide on-line computer services in support of RECEIVING AGENCY from 7:00
a.ur. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error,
Performing Agency may temporart7y 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 daft processing equipment, commmaunications, hardware or software,
and pu Blase 'bank note' paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program and provide technical assistwnco, 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.
RECMVI NG 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 19I 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.
The teem of this contract will begin upon its execution by both parties and will continue in force and effect until either
peaty gives sixty (60) days written notice of termination to the otber parry.
a
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 tnaothly itanized 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 data. Payment
will be considered made on the date postmarked.
M CONFIDENTIALUX
RECEIVING AGENCY will mmi ►sin 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.
Y, S _CU Pl'1''
Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will
bave access and wiU notify TDH immediately should it detect a security violation by one of its employees or any other
Parses
YL TERMINATION
This contract may be terminated either by runt al 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
oompleted 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.
YL APPLICABLE LAWS AND ST NDAUS
RE M V]NG 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 Um 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.
Many provision of this contract will be construed to be illegal or invalid, this will not affect the legality or validity of any
of the fiber provisions hereof. The illegal or invalid provision will be deemed stricken and deleted herefrow to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
12L FUNDING
This contract is eonthrgat upon the availability of funding. RECEIVING AGENCY will have no right of aeon 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 resuh of the suspension, termination, withdrawal, or failure of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any AttachmeWs) 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,
RECELVING AGENCY agrees to bold 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 in any way incident to, arising out of, or in connection with the performance of
servicar by RECEIVING AGENCY under this contract to the extent allowed by law, excluding, however, occurrences
arising under subparagraph lB of Ibis contract.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY PERFORMING AGENCY
Lubbock City Health Dieparbn�--nt
Date: -2L?L'7
R ed by:
(Name itle)
R. Doug 'ng Director of Health
and Ccmamity Services
APPROVED AS TO F RM;
By:
(Name and Title)
TDH Document No. 501501501C* OEK-01
TEXAS DEPARTMENT OF HEAT TH
l
L' w, Chief
Bu of Financial Services
Date:
APPROVED AS TO FORM:
1 5 TWM���
VON-rRer,T NO.
6533
STATE OF TEXAS §
COUNTY OF TRAVIS §
AMENDMENT NO. 1
DSHS Document No. 501501501C* OEK-01-A
It is mutually agreed by and between the contracting parties to amend the conditions of
Document No. 501501501C* OEK-01 as written below. All other conditions not hereby
amended are to remain in full force and effect.
Texas Department of Health (TDH) is replaced with Department of State Health Services
(DSHS) throughout the entire contract.
SECTION II. TERM is replaced with the following:
The term of this contract will begin upon its execution by both parties and will continue in force
and effect until August 31, 2006 .
SECTION III. COMPENSATION is revised to include the following:
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.
SECTION V. SECURITY is revised to include the following:
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.
In witness whereof, the parties hereto have caused this contract amendment to be executed in
duplicate originals, by their duly authorized representatives.
DEPARTMENT OF STATE HEALTH
SERVICES
By:
Bob Burnette, Director
Client Services Contracting Unit
Date:
LUBBOCK CITY HEALTH DEPARTMENT
By:
Name: Marc Mc nugal, Mayor
Date: November 7, 2005
DSHS Document No.: 501501501C* OEK-01-A
ATTEST:
CHMENT — Page 1
Re ecca Garza,Cit:y Sec etary
Approved u to �—�'I-P,4x
W%
., city A++a++++r
Resolution
Item #27
September
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 501501501C* OEK-01
M
11, 1997
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- UMM Health Department (City Of Lubbock)
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 6:0D 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'
of a certification, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
god purcbase "bank ode' paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, fitruish 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.
REcErVING 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
Chapter 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.
t :u
The term of this contract will begin upon its execution by both parties and will continue in force and effect until either
patty gives sixty (60) days written notice of termination to the other party.
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.
M CONFEDENTIALIIX
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.
L SF_CURiTY
Receiving Agency agrees to impkma t 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
lan
jL TERMINATION
This connect may be terminated either by mmnal 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
com4leted 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 fiuthar notice.
Y. APPLICABLE LAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it is nat ineligible for participation in. federal
or state assistance programs under Executive Order 12549, Debarment and Suspension. RDCEr4NG 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.
YDL SEVIERA
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 berefrom to the same
extent and effect as if never incorporated herein, but all other provisions will continue.
UL FUN12IN
This contract is contingent upon the availability of heeding. 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 fiffia its
obligations under this contract as a result of the suspension, termination, withdrawal, or fkAm of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachmeat(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,
REcErMa 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 in any way incident to, arising out of, or in connection with the performance of
mvica 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
Date: [ `�
RecomAmded by:
�C)qc"� cc?p�—
(Name itle)
R. Dom aging Director of Health
and Cl-mmnity Services
APPROVED AS TOE RM:
c
By:
(Name and Title)
�� Ac,
TDH Document No. 501501501C* OEK-01
TEAS D RTMENT OF HEATH
B-
Lin" w, Chief
BuAu of Financial Services
Date:
APPROVED AS TO FORM:
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