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HomeMy WebLinkAboutResolution - 3664 - Contract - TDOH, BVS - Online Computer Services - 07_25_1991Resolution No. 3664 July 25, 1991 Item #12 DGV:dw 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 for on-line computer services by and between the City of Lubbock and the Texas Department of Health, Bureau of Vital Statistics, attached herewith, which 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 25th ATTEST. e uoya, pity bec APPROVED AS TO CONTENT: ,r _bl ic -_ HealT7010 • uZi�1li APPROVED AS TO FORM: rl D a d G. Vandiver, First Assistan City Attorney day of July , 1991. C. Mcm INN, f1AYOR Resolution No. 3664 July 25, ,1991 Item #12 STATE OF TEXAS COUNTY OF TRAVIS TDH DOCUMENT NUMBER: C5000036-01 This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, acting through its Chief, Bureau of Financial Services, and the Vital Statistics LUBBOCK CITY HEALTH DEPARTMENT Program, 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. RECEIVING AGENCY will search PERFORMING AGENCY data bases, locate data, print data, and issue a Certificate of Birth Facts to individuals requesting such data. The certificate 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 certificate, provided the number is reasonable. RECEIVING AGENCY will acquire the necessary data processing equipment, communication lines, 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 necessary technical assistance, if necessary. RECEIVING AGENCY agrees to furnish PERFORMING AGENCY with birth and death data captured by RECEIVING AGENCY during the term of this contract. RECEIVING AGENCY will be responsible for providing the monthly birth and death data thirty (30) days after receipt of data entry program from PERFORMING AGENCY. Data will be provided monthly on some magnetic medium in a file layout agreed to by both parties. RECEIVING AGENCY acknowledges that data may not be located in the searching process instituted by RECEIVING AGENCY 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 birth year does not exist on the system (current data on system is limited to years 1926, 1927, 1928, and 1942-1989). RECEIVING AGENCY will notify PERFORMING AGENCY in writing, on a monthly basis, 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 birth record keeping that is in accordance with Chapter 193 of the Health and Safety Code. II. 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. III. COMPENSATION RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 83/100) for each search resulting in the printing and issuance of a Certificate of Birth Facts. 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. IV. 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 data obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of this data for other purposes must be agreed to in writing by both parties. V. 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. VI. 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. VII. SEVE`tABILITY 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. TDH•Document No.: C5000036-01 r .. VIII.HOLD HARMLESS RECEIVING AGENCY, which is not a state agency, assures that it is an independent contractor and not an agent, servant, or employee of the state. 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 IB of this contract. EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED. RECEIVING AGENCY LUBBOCK CITY HEALTH DEPARTMENT e' BY: A�t�- (Name MAYOR (Title) Date: July 25, 1991 Recommended by: By: APPROVED AS TO FORM: By: ame and Title) APPROVED ;AS"TO,-"0,WF-N : Doug Goodman Public Health Administrator VV PERFORMING AGENCY TEXAS DEPARTMENT OF HEALTH By: — Z_,4"-- Roy L Hogan, ssistant Deputy Commissioner tor Management Date: � 61 YID #:350150150150000 APPROVED AS TO FORM: By: , &I A2 a1 NeIrson Office of General Counsel