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1993-050-RES WHEREAS, the City Clerk of the City of Paris is charged with the responsibility of maintaining birth and RESOLUTION NO. 93r050 WHEREAS, the City Clerk of the City of Paris is charged with the responsibility of maintaining birth and death records in the City of Paris; and, WHEREAS, the City Clerk's office does provide birth and death records to the public regularly and receives inquiries concerning birth and death records in other locations in the State of Texas; and, WHEREAS, the Remote Certification Program offered to the City of Paris by the Texas Department of Health, Bureau of Vital Statistics in TDH Document Number C5000100-01 would afford the City Clerk's office the ability to provide State of Texas birth and death records to persons desiring the same; and, WHEREAS, the City Manager of the City of Paris did heretofore execute such contract document, a copy of which is attached hereto as Exhibit A, the form of which should be approved and which execution should be ratified; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the form of contract which provides the City of Paris with the Remote Certification Program, being TDH Document Number C5000100-01, attached hereto as Exhibit A, is hereby in all things approved, and the execution of the same by Michael E. Malone, City Manager, is hereby ratified. Passed and adopted the 17th day of May, 1993. ~i~~r ATTEST: Mattie Cunningham, APPROVED AS TO ORM: STATE OF TEXAS COUNTY OF TRAVIS TDH DOCUMENT NUMBER: CSOOOIOO-Ol 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 Ci of Paris Program, ereinafter referred to as RECEIVING AGENCY, is as fo ows: 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 1 imit 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 1 ines, and purchase "bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will ass i st in connection of the equipment, furni sh software program and provide necessary technical assistance, if necessary. RECEIVING AGENCY agrees to furni sh PERFORMING AGENCY with bi rth 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 bi rth year does not exi st on the system (current data on system is limited to years 1926-1934 and 1942-present). 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. EXHIBIT A 11. 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 termi nat i on 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 di scl osure of any informat i on 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. 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 here from to the same extent and effect as if never incorporated herein, but all other provisions wi 11 cont i nue. VIII.HOLD HARMLESS RECEIVING AGENCY, which 15 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 CITY OF PARIS By: ~?~ Name) '\ PERFORMING AGENCY TEXAS DEPARTMENT OF HEALTH By: Linda Farrow, Chief . Bureau of Financial Services City Manager (Title) Date: May 10, 1993 Date: Recommended by: VID #: 350150150150000 By: APPROVED AS TO FORM: APPROVED AS TO FORM: By: (Name and Title) By: Office of General Counsel .., -.... '-... - ~'~c:C!~'. ~ :C~:~.. '. ~ .... '.'-' ':3 t";.:; ~.~ ~.;: ...: ".