2010-092 RES EXECUTION OF DSHA CONTRACT DEC NO 2011-036132-001 BETWEEN THE CITY OF PARIS AND THE DEPT OF STATE HEALTH SERVICES BUREAU OF VITAL STATISTICS FOR ONLINE COMPUTER SERVICES RELATED TO VITAL STATISTICSRESOLUTION NO. 2010-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
APPROVING AND AUTHORIZING THE EXECUTION OF DSHS CONTRACT
DOCUMENT NO. 2011-036132-001, BETWEEN THE CITY OF PARIS AND
THE DEPARTMENT OF STATE HEALTH SERVICES, BUREAU OF VITAL
STATISTICS, PROVIDING FOR ON-LINE COMPUTER SERVICES REALTED
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.
2011-036132-001, is the conduit through which the state funds are received; and,
WHEREAS, it is appropriate that the form 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 performing agency, the
City of Paris.
1VOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
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 IVo. 2011-036132-001, attached hereto as Exhibit A, be, and the same is
hereby approved.
Section 3. That the Ciry Manager be, and he is hereby, authorized and directed to
execute, on behalf of the City of Paris, a Contract for Vital Statistics Services, DSHS
Document No. 2011-036132-001, with the Department of State Health Services under the
terms 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.
PASSED AND APPROVED this 13th day of August, 2010.
i'
~
Will Biard, Mayor
ATTEST:
. ,
J nice Ellis, City Clerk
APPROVED AS TO FORM:
W. Kent McIlyar, City Attorney
DEPARTMENT OF STATE HEALTH SERVICES
E ~
This contract, number 2011-036132-001 (Contract), is entered into by and between the
Department of State Health Services (DSHS or the Performing Agency), an agency of the State
of Texas, for DSHS Program Vital Statistics Unit and CITY OF PARIS (Receiving Agency), a
Government Entity, (collectively, the Parties).
l. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency
agrees to purchase the services and/or goods as described in this Contract.
2. Total Amount of the Contract. The total amount of this Contract shall be determined by the
nuinber of birth certificates printed as a result of searches of the database.
3. Z'erm of the Contract. This Contract begins on 09/01/2010 and ends on 08/31/2012. The
Parties are not responsible for performance under this Contract before both parties have signed
the Contract or before the start date of the Contract, whichever is later.
4. Authoritv. Performing Agency enters into this Contract under the authority of Health and
Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through
the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract
is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal
Cooperation Act, Chapter 791 et seq.
5. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Exhibits, if applicable
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and
incorporated herein through written amendment.
This Contract may be modified within the Contract period by written amendinent signed by both
Parties.
6. Statement 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 tllru Friday, except holidays. In the event of an emergency
or computer application error, Perfornling Agency may temporarily suspencl services without
advance notice.
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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.
Receivuig Agency will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by 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 fhe 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 PerforYning 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 195 of the Health and Safety Code and the regulations adopted there
under.
7, Pavee. The Parties agree that the following payee is entitled to receive payrnent for services
rendered by DSHS or goods provided under this Contract:
Name: Department of State Health Services
Address: 1100 West 49t' Street
Austin, Texas 78756-3199
Vendor ldentifica.tion Number: 35375375371000
8. Pavment Method.
Fee for Service
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Receiving Agency agrees to reimburse Performing Agency S1.83 (One Dollar and 8~/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 Performing
Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code
191.
9. Billin2 Instruction. Performing Agency will submit a monthly iternized billing showing the
number of transactions by date to Receiving 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.
10. Confidentialitv. Parties are required to comply with state and federal laws relating to the
privacy and confidentiality of patient and client records that contain Protected Health
Information (PHI), or other information or records made confidential by law. 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 iylformation 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.
11. Seeuritv of Patient or Client Records. Receiving Agency agrees that all data received
from Performing Agency shall be treated as confidential, and ensure all information provided to
outsourced entities remains confidential and utilized as specified in any pertinent written
agreements. Data will not be used for any purpose other than that specifically set forth herein.
Data will not be made available to any other individual or organization without proper consent.
Data will be maintained to prevent unauthorized access and will not be used to track back to any
individual or organization identified by the data. Receiving Agency agrees to implement all
reasonable and necessary procedures to ensure that only authorized users will have access and
will notify Performing Agency 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 on-line coinputer 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.
12. Suspension of Services Under This Contract. In the event of an emergency or computer
overload, Performing Agency may temporarily suspend services without advance notice. This
Contract may be immediately suspended upon reasonable suspicion by Performing Agency that
the tenns of this Contract have been violated. Performing Agency further reserves the right to
terminate this Contract if, after reasonable notice and investigation, it is concluded that a
violation of this Contract has occurred.
13. Liabilitv for Harm. It is expressly understood that Perforn-iing Agency makes no guarantee
of accuracy regardinc, the data provided to Receiving Agency under this contract.
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14. Termination. This Contract may be terminated by mutual agreement of both parties. Either
party may terminate this Contract by giving 30 day's written notice of its intent to terminate.
Written notice may be sent by any method, which provides verification of receipt, and the 30
days will be calculated from the date of receipt, This Contract may be terminated for cause by
either party for breach or failure to perform an essential requirement of the Contract.
Performing Agency reserves the right to limit or cancel access under this Contract should
Performing Agency determine that is has insufficient capacity in its cornputer system to maintain
current levels of transactions by Receiving Agency and/or that continued access by Receiving
Agency is detrimental to the overall efficiency and operation of Performing Agency's computer
systems. Any such limitation or terrnination of services will be upon written notice to Receiving
Agency by Performing Agency.
Upon termination of all or part of this Contract, Department and Receiving Agency will be
discharged from any further obligation created under the applicable terms of this Contract except
for the equitable settlement of the respective acci-ued interests or obligations incurred prior to
termination.
15. T'erms & Conditions.
A. Federal and State Laws, Rules and Ordinances. Parties shall cornply with all applicable
federal and state statutes, rules and regulations.
B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to
contract formation, performance, interpretation, and any issues that rnay arise in any dispute
between the Parties, the Contract shall be governed by, and construed in accordance with, the
laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall
be Travis County, Texas.
C. Exehange of Client-Identifying Information. Except as prohibited by other law, Receiving
Agency and Performing Agency shall exchange Public Health Information (PHI) without the
consent of clients in accordance with 45 CFR § 164.504(e)(3)(1)(B), Health and Safety Code §
533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall
disclose information described in Health and Safety Code § 614.017(a)(2) relating to special
needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of
that agency, unless Contractor documents that the information is not allowed to be disclosed
under 45 CFR Part 164 or other applicable law.
D. Records Retention. DSHS shall retain records in accordance with the Department's State of
Texas Records Retention Schedule, located at
http://www dshs state tx ush-ecords/schedules.shtm, Department Rules and other applicable state
and federal statutes and regulations governing medical, mental health, and substance abuse
information.
E. Severability and Ambiguity. If any provision of this Contract is construed to be illegal or
invalid, the illegal or lllvalid provision will be deemed stricken and deleted to the same extent
o,)Aex_i
and effect as if never incorporated, but a11 other provisions will continue. Parties represent and
agree that the language contained in this Contract is to be construed as jointly drafted, proposed
and accepted.
F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract
shall be deemed to have been received by a Party on the third business day after the date on
which it was mailed to the Party at the address first given above (or at such other address as the
Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of
receipt.
G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION
OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY
DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR
FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY
OPERATION OF LAW.
H. Waiver. Acceptance by either party of partial performance or failure to complain of any
action, non-action or default undei- tlus Contract shall not constitute a waiver of either party's
rights under the Contract.
L Breach of Contract Claim. The process for a breach of contract claim against the Department
provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25
TAC §§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to
resolve any claim for breach of contract made against Performing Agency.
J. 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.
K. Voided Records.
To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged
Records, Performing Agency is asking all Local office staff to be prudent in reviewing and
checking record information on the computer screen prior to printing. The State Vital Statistics
Unit does not honor nor encourage what some may consider "courtesy or free copies". All
documents printed via the remote access systein are considered legal and viable documents.
Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it
can no longer be issued without autliorization fiom the State Vital Statistics Ui1it Office.
Records printed by accident should be reported to the Security Manager to reset the lifetime
count. The State Vital Statistics Lnit is not responsible foi° printers not being turnecl on, printing
to wrong printer, printers not working properly, the accidental printing of a wrong record. In
order to reset the lifetime count of a customer, Receiving Agency must notify Performing
Agency Security Manager in writing to clear voided records from the remote access system's
customer lifetilne counts and the original voided certificate must be sent into the State Vital
Statistics Unit Office.
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L. Credits.
Performing AQency will handle credit requests on a case-by-case basis. Credits may be
considered in those cases of emergency situations, i.e., equipment and systems failures or
inclement weather. Receiving Agency shall submit these requests in writing along with pertinent
documentation to provide 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.
16. Entire Aareement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreen7ents or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract on behalf of the named party.
DEPARTMENT OF STATE HEALTH SERVICES CITY OF PARIS
By: )&-v-
Signature of Authorized Official
l /0
Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1 100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 458-7470
Bob.Burnette@dshs.state.tx.us
By:
S ignature
September 13, 2010
Date
Kevin Carruth, City Ma.n.ager
Printed Name and Title
P. 0. Box 9037
Address
Paris, Tegas 75461-9037
City, State, Zip
903-785-7511
Telephone Number
kcarruth@parisltlegas.gov
E-mail Address for Official Coi-respondence9?6d8-I