HomeMy WebLinkAboutC2006-331 - 5/30/2006 - Approved
DSHS DOCUMENT NUMBER: 537537537A*2008D-Ol
STATE OF TEX-\S
COUNTY OF TRA VI S
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 Fmancia! Services, and CITY OF CORPUS CHRISTI, hereinafter referred to as
RECEIVING .-\GE'\JCY, i~, as follows
L SCOPE~EWOIU...
PERFORMING AGENCY agrees to provide on-line computer services in support of RECEIVING
-\GENCY from 700 am to 600 pm 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
reasonahle
RECEIVING AGENCY will acqUIre the necessary data processing equipment, communications,
hardware or software and purchase ;tbank note" paper, as specified by the PERFORMING
-\GENCY PERFORMI1'\G AGE'\JCY \vill assist in connection of the equipment, furnish software
program and proVIde technIcal assistance If necessary
RECEIVING AGENCY itcknowledges that records may not be located in the searching process
lllstituted by RECEIVING AGENCY or records which are located may have errors due to:
c\) normal key.entr'v' errors in spellings.
Ii) accidental tailure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination, and
(') the event year does not eXIst on the system
RECEIVING AGENCY v,ill notify PERFORMING AGENCY in writing, at least monthly of errors
or suspected errors that eXlst 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
2006-33 I
05/30/0h
M2006- t 62
DSH~
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RECEIVING AGE'\JCY Ie responsible for maintaining a system of vital record keeping that is in
accordance with Chapters 9] throll!!h 19" of the Health and Safetv Code and the regulations adopted
thereunder
U. LEGALAUIHORITY IOCO~TRACT
Chapter 12. Health and Satety Code
HL 'rE~M
The term of this AGREE\1ENT is to begin September 01. 2006 and shall remain in effect until
August) 1. 2008
IV. COMPENSATI01\
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and
83/100) for each Certificatlon of Vital Record printed as a result of searches of the database.
RECEIVING AGE'JCY agrees to charge the same base search fee for a birth certificate as the
PEIlFOlUv1ING AGENCY AdditlOnal fees may only be charged as authorized by Texas Health and
Safetv Code 191.
A monthly itemIzed billing shOWing the number of transactions by date will be submitted to
RECEIVING AGENCY bv PERFORMING AGENCY and payment will be made no later than thirty
(30) days following the bi] I ing date Payment will be considered made on the date postmarked.
\~ CQJ~.JFIDENTIALITY
RECEIVING AGENCY '^ ill 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 II1formation 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 \vntinb!, 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
Il1suring that authorized RECEIVING AGENCY employee(s) use only their own individual
passwords while logged into PERFORMING AGENCY'S on-line computer applications.
PEIlFORMING ACiENC" will inactivate any mdividual who does not use their account for ninety
(90) days RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations.
.......
RECEIVING AGENCY shall permIt authorized PERFORMING AGENCY personnel, during normal
working hours, to conduct site ViSIts and review ,>uch records as needed to ascertain compliance with
the terms of this contract.
YIIl 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
andlor 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. TERMINA TION
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 ,,:ontract 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
Xl 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 dunng the term of thiS contract. RECEIVING AGENCY will have no right of action
against the State of Te xas 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 CORPUS CHRISTI
DEPARTMENT OF STATE HEALTH
SERVICES
By:
By:
Bob Burnette, Director
Client Services Contracting Unit
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Recommended by:
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(Name and Title)' ,r
VID #: 35375375371000
APPROVED AS TO FORM:
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DSHS DOCUMENT NUMBER: 5375375371 *2006X-Ol
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