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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~ .. 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. ........"..- 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 ~ \' , ,,", / r _ l ,~/ ' :' ~ ",. ~i'4 i .1i k/\,,~, \ ~i1 ' I VnA4-x ( itle) ., I~' I ~i 'j i I I , Date: ~, i J LI/ - -.-- - .,,----"'---+- --+--.---- Date: Y'-li -(j(p Recommended by: .{ //./1U/jfl) ,Xc ~ ((<'f~'€" f /it/It (Name and Title)' ,r VID #: 35375375371000 APPROVED AS TO FORM: Z~)~' l~/",r. ,- ...} , /,/ By: ( ./ '1 (N,',",,~ and'Title}' ( 5/ DuIOe, i' I ' I :v lYi2-cb(, - {~ L "___~._.__' AUTHUKILLl IIf COU"Cll ._.. '~~..~}'Q.~ SEcii€Tt~ ;jm4~ ~. -,<, _lI"'I~";l ,......",,:u.:)A, DSHS DOCUMENT NUMBER: 5375375371 *2006X-Ol _.-u",..~.....~__ "''M'!ST - ~.....,......,,"""'""'"