HomeMy WebLinkAboutC2017-260 - 8/29/2017 - Approved DEPARTMENT OF STATE HEALTH SERVICES
AMENDMENT NO.01
The Department of State Health Services ("DSHS") and Corpus Christi-Nueces County Public
Health District(City)("Contractor")agree to amend Contract No. 537-16-0118-00001 (Contract),
which was effective on September 1, 20I5. This amendment will be denominated as Contract No.
537-16-0118-00001A.
The Parties agree to amend Article II.Term of the Contract to extend the end of the contract
term to August 31,2018.
II. The Parties agree to delete Article IV. Statement of Work, Section B. in its entirety, and
replace it with the following:
Contractor will search DSHS 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 DSHS. Contractor will take reasonable efforts to ensure use
of the TER Remote System is not abused by its staff. Abuse of the access to confidential
information in the TER Remote System may be cause for termination of this Contract in
accordance with Section IX.K.
III. The parties agree to delete Article IV. Statement of Work, Section H. in its entirety, and
replace it with the following:
The Parties are required to comply with all applicable state and federal laws relating to the
privacy and confidentiality of this data and records, which includes Texas Government
Code Section 552.115.
IV. The parties agree to delete Article VIII. Representatives and replace with the following:
The following will act as the Representative authorized to administer activities under this
Contract on behalf of their respective Party.
DSHS (Previous) DSHS (New)
Texas Department of State Health Services Texas Department of State Health Services
Contract Oversight and Support DCP/RLHS Contract Management Unit
Attn: Princess Lindsay Attn: Lori Pate
Mail Code 1326 Mail Code 1990
P.O. Box 149347 P.O. Box 149347
Austin,TX 787I4-9347 Austin,TX 78714-9347
Phone: 512-776-3713 Phone: 512-776-7428
Email: Princess.Lindsav@dshs.state.tx.us Email: Lori.Pate@dshs.state.tx.us
dshs.state.tx.us
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V. The parties agree to delete Article IX. General Terms and Conditions, Section C.
Confidentiality, 1., and replace with the following:
C.Confidentiality.
1. The parties are required to comply with all applicable state and federal laws relating
to the privacy and confidentiality of patient and client records that contain Personal
Identifying Information (PII) or Personally Sensitive Information (PSI) or other
information or records made confidential by law,including Tex. Bus.&Comm.Code
Section 521.002. To the extent the Parties execute,or have executed,a separate Data
Use Agreement or other confidentiality agreement in compliance with the relevant
statutes, that agreement will also apply to this Contract.
VI. This Amendment No. 01 shall be effective as of the date last signed below.
VII. Except as amended and modified by this Amendment No. 01, all terms and conditions of
the Contract, as amended,shall remain in full force and effect.
VIII. Any further revisions to the Contract shall be by written agreement of the Parties.
SIGNATURE PAGE FOLLOWS
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SIGNATURE PAGE FOR AMENDMENT NO.01
.S CONTRACT No.537-16-0118-00001A
DEPARTN OF ST TE HE TH CORPUS CHRISTI-NUECES COUNTY PUBLIC
SERVI HEALTH DISTR TY)
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Contract Number: 537-16-0118-00001
DEPARTMENT OF STATE HEALTH SERVICES
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Contract number 537-16-0118-00001 (Contract),is entered into by Department of State Health
Services(DSHS)Vital Statistics Unit and City of Corpus Christi(Contractor). DSHS and
Contractor are collectively referred to herein as the`Parties."
I. Purpose of the Contract. DSHS agrees to provide access to the Texas Electronic
Registration Remote System(TER Remote System)for the purpose of issuing individual
birth certificates.
H. Term of the Contract. This Contract will begin on September 1,2015 and end on August
31,2017.
III. Authority. The Parties enter into this Contract under the authority of Texas Government
Code Chapter 791.
IV. Statement of Work.
A. DSHS agrees to provide on-line computer services in support of Contractor from 7:00
a.m. to 6:00 p.m. (CST) Monday thru Friday, except holidays. In the event of an
emergency or computer application error, DSHS may temporarily suspend services
without advance notice.
B. Contractor will search DSHS 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 DSHS. No limit will be established on the number of
searches per month not resulting in issuance of a certification, provided the number is
reasonable.
C. Contractor will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by DSHS. DSHS
will assist in connection of the equipment, furnish software program and provide
technical assistance,if necessary.
D. Contractor acknowledges that records may not be located in the searching process
instituted by Contractor or records,which are located,may have errors due to:
1. Normal key-entry errors in spellings;
2. Accidental failure on the part of the DSHS to update a file for an amendment
or paternity determination;and
3. The event year does not exist on the system.
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Contract Number:537-16-0118-00001
E. Contractor will notify DSHS in writing, at least monthly of errors or suspected errors
that exist on the data base information.
F. Contractor is to maintain an inventory control and account for each document produced
on"bank note"paper,including voided documents.
G. Contractor is responsible for maintaining a system of vital record keeping that is in
accordance with Health and Safety Code Chapter 195 and the regulations adopted.
H. The Parties are required to comply with all applicable state and federal laws relating to
the privacy and confidentiality of this data and records,which includes Texas
Government Code Section 552.0038.
1. The Parties will maintain sufficient safeguards to prevent release or disclosure of any
such records or information obtained under this Contract to anyone other than
individuals who are authorized by law to receive such records or information and who
will protect the records or information from re-disclosure as required by law.
J. The Parties will use confidential records and information obtained under this Contract
only for purposes as described in this Contract and as otherwise allowed by law.
V. Fees.
Contractor agrees to pay DSHS$1.83 for each Certification of Vital Record printed as a
result of searches of the database. Contractor agrees to charge the same base search fee for
a birth certificate as DSHS. Additional fees may only be charged as authorized by Texas
Health and Safety Code 191.
VI. Billing.
A. DSHS will send an itemized billing to Contractor on a monthly basis for each
certification of Vital Record printed. This billing will be sent through the U.S.Postal
Service to the Contractor at:
Name: City of Corpus Christi
Address: Attn:Vital Records,Tere Escalante
P.O.Box 9727
Corpus Christi,TX 78469
B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email
to vsubusinessservices@dshs.state.tx.us.
VII. Payment Method.
A. Contractor will remit payment to DSHS within thirty days after a billing is received
by them. Payment by the Contractor will be considered made on the date
postmarked.
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Contract Number:537-16-0118-00001
B. Contractor will send payments to DSHS at:
Texas Department of State Health Services
Cash Receipts Branch MC 2096
P.O.Box 149347
Austin,TX 78714-9347
C. Contractor will make payment to DSHS out of its current revenues.
VIII. Representatives.The following will act as the Representative authorized to administer
activities under this Contract on behalf of their respective Party.
City of Corpus Christi DSHS
Annette Rodriguez Texas Department of State Health
City of Corpus Christi Services
Attn:Vital Records,Tere Escalante Contract Oversight and Support
P.O.Box 9727 Attn:Princess Lindsay
Corpus Christi,TX 78469 Mail Code 1326
P.O.Box 149347
Phone: 361-826-7203 Austin,TX 78714-9347
Email: annetter@cctexas.com Phone:512-776-3713
Email:
Princess.Lindsay@dshs.state.tx.us
IX. General Terms and Conditions.
A. Governing Law. Regarding all issues related to this Contract's formation,performance,
interpretation,and any issues that may arise in any dispute between the Parties,the
Contract will be governed by and construed in accordance with the laws of the State of
Texas.
B. Amendment. This Contract may be modified by written amendment signed by the
Parties.
C. Confidentiality.
1. The Parties are required to comply with all applicable 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,
which includes,but is not limited to the Data Use Agreement that will be executed by
the Contractor by January 16,2016.
2. Contractor will maintain sufficient safeguards to prevent release or disclosure of any
such records or information obtained under this Contract to anyone other than
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Contract Number:537-16-0118-00001
individuals who are authorized by law to receive such records or information and who
will protect the records or information from re-disclosure as required by law.
3. Contractor will use confidential records and information obtained under this Contract
only for purposes as described in this Contract and as otherwise allowed by law.
4. Notwithstanding any provision relating to confidentiality,the confidential
information held by DSHS may be disclosed to a third party pursuant to the Texas
Public Information Act(Texas Government Code Chapter 552),any open records
decision or ruling by the Attorney General that such information constitutes public
information or as otherwise provided by law.
D. Exchange of Client-Identifying Information.If this Contract concerns client-
identifying information,except as prohibited by other law,Contractor and DSHS may
exchange PHI without the consent of clients in accordance with 45 Code of Federal
Regulation§ 164,504(e)(3)(i)(B),Texas Health and Safety Code §533.009 and other
applicable law or rules.
E. Records Retention. DSHS will retain records in accordance with DSHS State of Texas
Records Retention Schedule at http://www.dshs.state.tx.uslrecoi-ds/schedules.shtm,
Department Rules and other applicable state and federal statutes and regulations
governing medical,mental health,and substance abuse information.
F. Severability. If any provision of this Contract is construed to be illegal or invalid,the
illegal or invalid provision will be deemed stricken and deleted to the same extent and
effect as if never incorporated,but all other provisions will continue.
G. Notice. Any notice required or permitted to be given under this Contract will be in
writing and sent to the respective Party's Representative in Section VIII.Notice will 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 specified in writing by the Party to the other
Party,or,if sent by certified mail,on the date of receipt.
H. Waiver. Acceptance by either Party of partial performance or failure to complain of any
action,non-action or default under this Contract will not constitute a waiver of either
Party's rights under the Contract.
I. Assignment. Neither DSHS nor Contractor will not transfer,assign,or sell its interest,in
whole or in part,in this Contract without prior written consent by both Parties.
J. Suspension of Services Under This Contract. In the event of an emergency or
information technology system failure,DSHS may temporarily suspend services without
advance notice.
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eY'\
1p,� ,s�l:f; TEXAS DEPARTMENT OF STATE HEALTH SERVICES
\
P.O.Box 149347
Austin,Texas 78714-9347
1-888-963-7111
JOHN HELLERSTEDT,M.D. TTY: 1-800-735-2989
COMMISSIONER www.dshs.state.tx.us
April 18,2016
Annette Rodriguez
City of Corpus Christi
P. O. Box 9727
Corpus Christi Texas 78469
Atten: Tere Escalante
Vital Records
•
Subject: Executed Remote Birth Access Contract
Contract Number 537-16-0118
Dear Ms. Rodriguez,
Enclosed is a signed executed Remote Birth Access contract between the Texas Department of
State Health Services and the City of Corpus Christi.
Please let me know if you have any questions or need additional information. Princess Lindsay,
Contract Manager, serves as the lead staff on this matter and can be reached by telephone at
(512)776-3713 or by email at Princess.Lindsayadshs.state.tx.us.
Sinc-. : y,
•
Caro Hayn-s-:uchanan,MAHS, CTCM,PMP
Director of Contract Oversight and Support
Department of State Health Services
Enclosure
cc: William M. Uhlarik, MBA,ARM
An Equal Opportunity Employer and Provider