2006-100-RES-Vital Statistics Contract
RESOLUTION NO. 2006-100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS,
PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF
DSHS DOCUMENT NO. 537537537 A *2008P-Ol, BETWEEN THE CITY OF
PARIS AND THE DEPARTMENT OF STATE HEALTH SERVICES,
BUREAU OF VITAL STATISTICS, PROVIDING FOR ON-LINE
COMPUTER SERVICES RELATED TO CERTIFICATION OF VITAL
STATISTICS SERVICES FOR THE CITY OF PARIS; MAKING OTHER
FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the State of Texas is a funding partner with the City of Paris for the City
of Paris Vital Statistics Department; and,
WHEREAS, the Contract for Vital Statistics Services, DSHS Document No.
537537537 A *2008P-0 1 is the conduit through which the state funds are received; and,
WHEREAS, it is appropriate that the fonn of said Contract attached hereto as Exhibit
A, be approved, and that the City Manager be authorized to execute the same on behalf of the
City of Paris, which is the authorized contracting entity for the perfonning agency, the City of
Paris; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS,
TEXAS:
Section 1. That the findings set out in the preamble to this resolution are hereby in all
things approved.
Section 2. That the form of the Contract between the City of Paris and the Department
of State Health Services, Bureau of Vital Statistics, for Vital Statistics Services, DSHS
Document No. 537537537 A *2008P-0 1 attached hereto as Exhibit A, be, and the same is hereby,
approved.
Section 3. That the City Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, which is the authorized contracting entity for the
performing agency, the City of Paris Vital Statistics Department, the Contract for Vital Statistics
Services, DSHS Document No. 537537537A *2008P-Ol, underthetenns and conditions and in
the form shown in Exhibit A, attached hereto.
Section 4. That this resolution shall be effective from and after its date of passage.
ATTEST:
PASSED AND APPROVED this 24th day of July, 2006.
APPROVED AS TO FORM:
~ t-fJ,;fi ",'t~SJ A
hn D. Lestock, Assistant City Attorney
;z~hJn~,-
Richard Manning, Mayor /
DSHS DOCUMENT NUMBER: 537537537A*2008P-Ol
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 CITY OF PARIS, 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 wTiting, 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.
EXHIBIT A.
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.
n. LEGAL AUTHORITY TO CONTRACT
Chapter 12, Health and Safety Code..
III. TERM
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.
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VII. 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.
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EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
PERFORMING AGENCY
CITY OF P ARlS
DEPARTMENT OF STATE HEALTH
SERVICES
(Name)
By:
Bob Burnette, Director
Client Services Contracting Unit
By:
(Title)
Date:
Date:
Recommended by:
VID#: 35375375371000
(Name and Title)
APPROVED AS TO FORM:
By:
(Name and Title)
DSHS DOCUMENT NUMBER: 537537537 A *2008P-Ol
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