HomeMy WebLinkAboutResolution - 2007-R0233 - Contract - TX DCJ - Death Certificates Of Parolees - 06_14_2007Resolution No. 2007-RO233
June 14, 2007
Item No. 5.12
RESOLUTION
BE 1T 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 Contract No. 696-PD-8-8-LOO14 with
the Texas Department of Criminal Justice for provision of death certificates of parolees to
the Texas Department of Criminal Justice by the City Health Department, a copy of
which Contract and any 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 14tb day of June 2007.
i
DAV ID A. MILLER, MAYOR
ATTEST:
Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
Tornmy Ca en, Health Director
APPROVED AS TO FORM:
Donald G. Vandiver, Attorney of Counsel
DDres.lTD0-H DcuiiWres
April 26, 2007
Contract Number 696-PD-8-8-L0014
This Contract is entered into by and between the Agencies shown below, in compliance with and
pursuant to the authority specified herein. The provisions of this Contract shall be interpreted in
accordance with Texas laws. Venue for any court disputes shall be in Travis County.
RECEIVING PARTY: TEXAS DEPARTMENT OF CRIMINAL JUSTICE (TDCJ)
MAILING ADDRESS: Parole Division CIO Accounts Payable
P.O. Box 4018
Huntsville, Texas 77342
PERFORMING PARTY: CITY OF LUBBOCK HEALTH DEPARTMENT
PHYSICAL ADDRESS: 1902 Texas Avenue, Lubbock, Texas 79411
MAILING ADDRESS: P.O. Box 2548, Lubbock, Texas 79408
LEGAL AUTHORITY TO CONTRACT: Interlocal Cooperation Act, Chapter 791, Texas Government Code
CONTRACT TERM: 9/l/07 through 8/31/08
TOTAL AMOUNT NOT TO EXCEED: $420.00
SUMMARY OF SERVICES: The City of Lubbock Health Department will provide death certificates of deceased
parolees to TDCJ.
EXECUTED IN THREE ORIGINALS ON THE DATES SHOWN
RECEIVING PARTY:
PERFORMING PARTY:
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
/ CITY OF LUBBOCK
--------------
Charles Marsh BY:
Chief Financial Officer David Miller
Mayor
DATE: DATE: June 14, 2007
ATTEST: R.6� , -
Reb cca Garza, City Secretary
DATE: June 14, 2007
A as to form: ^
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s- ; Pity Attgaiey
Contract Number 696-PD-8-8-LOO14
PERFORMING PARTY:
CITY OF LUBBOCK
APPROVED AS TO F ATE:
ita Burgess
City Attorney
CITY OF iL'$B"CK HEALTH DEPARTMENT
BY: _ DATE:
Tommy Cam en
Director
-a -7
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Contract Number 696-PD-8-8-L0014
THIS CONTRACT is entered into by and between the Parties shown below as
Contracting Parties, pursuant to the authority granted and in compliance with the
provisions of the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code.
I. CONTRACTING PARTIES
The Receiving Party: Texas Department of Criminal Justice (TDCJ)
The Performing Party: City of Lubbock Health Department (CLHD)
II. STATEMENT OF SERVICES TO BE PERFORMED
CLHD will provide death certificates to TDCJ of parolees who expire while they
are on parole. This information is then used to close out the parolee's case and
ensure they are no longer a security issue in society.
III. CONTRACT AMOUNT
The total amount of this Contract shall not exceed $420.00. The price per death
certificate shall be $21.00.
IV. PAYMENT FOR SERVICES
TDCJ shall pay for services received pursuant to this Contract based upon
invoices submitted by the CLHD.
CLHD shall submit monthly invoices that include the contract number to the
following location:
Texas Department of Criminal Justice
Accounts Payable
P.O. Box 4018
Huntsville, Texas 77342
Attention: Cindy Clarke
Payment for services performed shall reference the contract number and account
number and be sent to:
City of Lubbock Health Department
P.O. Box 2548
Lubbock, Texas 79408
Attention: Ida Hill
Payments received by CLHD shall be credited to its current appropriation item(s)
or account(s) from which the expenditures of that character were originally made.
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Contract Number 696-PD-8-8-L0014
V. TERM OF CONTRACT
This Contract is to begin September 1, 2007 and shall terminate on August 31,
2008 unless terminated sooner in accordance with Section VII below.
VI. RELATIONSHIP OF PARTIES
CLHD is associated with the TDCJ only for the purposes and to the extent set
forth herein, and with respect to the performance of services hereunder. CLHD is
and shall be an independent Contractor and shall have the sole right to supervise,
manage, operate, control, and direct the performance of the details incident to its
duties hereunder. Nothing contained herein shall be deemed or construed to
create a partnership or joint venture, to create the relationships of an employer -
employee or principal -agent, or to otherwise create any liability for TDCJ
whatsoever with respect to the indebtedness, liabilities, and obligations of CLHD
or any other party.
VII. TERMINATION
A. Either party may terminate this Contract, without cause, upon thirty (30)
days prior written notice to the other party. Notice shall be deemed given
when delivered in person, consigned to a delivery service or courier, or
placed in the U.S. mail. Notice to TDCJ shall be sent to:
Karen Davis, Contract Administrator
Texas Department of Criminal Justice
Contracts and Procurement
Client Services and Governmental Contracts Branch
Two Financial Plaza, Suite 525
Huntsville, Texas 77340
(936) 437-7043
Soledad Garza
Texas Department of Criminal Justice
Parole Division -District Parole Office
409 50" Street
Lubbock, Texas 79404
(806) 747-8282
Notice to CLHD shall be sent to:
Ida Hill
City of Lubbock Health Department
P.O. Box 2548
Lubbock, Texas 79408
(806) 775-2926
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Contract Number 696-PD-8-8-L0014
B. Within thirty (30) days after the effective date of termination, CLHD shall
submit its statement for services rendered prior to the date of termination.
VIII. DISPUTE RESOLUTION
Any dispute arising under this Contract, which is not disposed of by mutual
agreement between TDCJ and the Performing Party shall be resolved as follows:
The dispute resolution process provided for in Chapter 2260 of the Government
Code shall be used, as further described herein, by TDCJ and the Performing
Party to attempt to resolve any claim for breach of contract made by the TDCJ.
A. A Performing Parry's claim for breach of this Contract that the parties
cannot resolve in the ordinary course of business shall be submitted to the
negotiation process provided in Chapter 2260, Subchapter B, of the
Government Code. To initiate the process, the Performing Party shall
submit written notice, as required by Subchapter B, to the Director for
Contracts and Procurement, or his designee, at Two Financial Plaza, Suite
525, Huntsville, TX 77340. Said notice shall specifically state that the
provisions of Chapter 2260, Subchapter B are being invoked, and shall
also be given to all other representatives of TDCJ and the Performing
Party otherwise entitled to notice under the parties' Contract. Compliance
by the Performing Party with Subchapter B is a condition precedent to the
filing of a contested case proceeding under Chapter 2260, Subchapter C,
of the Government Code.
B. The contested case process provided in Chapter 2260, Subchapter C, of
the Government Code is the Performing Parry's sole and exclusive process
for seeking a remedy for an alleged breach of Contract by TDCJ if the
parties are unable to resolve their disputes under subparagraph (A) of this
paragraph.
C. Compliance with the contested case process provided in Subchapter C is a
condition precedent to sue from the Legislature under Chapter 107 of the
Civil Practices and Remedies Code. Neither the execution of this Contract
by TDCJ nor any other conduct of any representative of TDCJ related to
the Contract shall be considered a waiver of sovereign immunity to suit.
In addition to complying with Chapter 2260 of the Government Code, TDCJ and
the Performing Party shall comply with the rule published in the Texas
Administrative Code, Title 37, Public Safety and Corrections, Part VI, Texas
Department of Criminal Justice Chapter 155, Reports and Information Gathering,
Subchapter C, Procedures for Resolving Claims and Disputes.
At all times during the course of the dispute resolution process, Performing Party
shall continue with providing services as directed, in a diligent manner and
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Contract Number 696-PD-8-8-LOO14
without delay, shall conform to the TDCFs directive, decision or order, and shall
be governed by all applicable provisions of this Contract. Records of the services
performed shall be kept in sufficient detail to enable payment in accordance with
applicable provisions of this Contract, if this should become necessary.
IX. MISCELLANEOUS
A. This Contract may be amended or supplemented only by a written
document signed by the duly authorized representatives of the parties
hereto.
B. This Contract shall be governed by and construed in accordance with the
laws of the State of Texas.
C. This Contract and any written modifications constitute the sole agreement
of both parties. Any oral agreements or understandings outside the terms
of this Contract shall be void.
D. In accordance with Texas Government Code, Chapter 321, the State
Auditor's Office (SAO) is authorized to investigate specific acts or
allegations of impropriety, malfeasance, or nonfeasance in the obligation,
expenditure, receipt or use of state funds. If there is a reasonable cause to
believe that fraud, waste or abuse has occurred at this agency, it can be
reported to the SAO by calling 1-800-892-8348 or at the SAO's website at
www.sao.state.tx.us. It can also be reported to the TDCJ Office of the
Inspector General at 1-866-372-8329, the TDCJ Internal Audit Division at
512-406-5935, or Crime Stoppers at 1-866-832-8477.
E. Performing Party understands that acceptance of funds under this Contract
acts as acceptance of the authority of the State Auditor's Office, or any
successor agency, to conduct an audit or investigation in connection with
those funds. Performing Party further agrees to cooperate fully with the
State Auditor's Office or its successor in the conduct of the audit or
investigation, including providing all records requested. Performing Party
will ensure that this clause concerning the authority to audit funds
received indirectly by subcontractors through Performing Party and the
requirement to cooperate is included in any subcontract it awards.
Performing Party will reimburse the State of Texas for all costs associated
with enforcing this provision.
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