The URL can be used to link to this page

Home My WebLink AboutRES 15-188RESOLUTION NO. 15-188 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a two (2) year Contract between the City of Beaumont and the Texas Department of State Health Services for the Beaumont Public Health Department Vital Statistics Division to continue to purchase services and/or goods that will allow the search of databases to issue Certifications of Vital Records. The Contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of September, 2015. >ar Becky - 113 DI t7AII4 V6 ! DIZO 91):t Dr;I ply; 6.11 DOWic0i Contract number 537-16-0084-00001 (Contract), is entered into by Department of State Health Services (DSHS) Vital Statistics Unit and City of Beaumont (Contractor). DSHS and Contractor are collectively referred to herein as the "Parties." I. Paraose 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. II. 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. EXHIBIT °`A" Contract Number: 537-16-0084-00001 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. L 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. B 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: Beaumont City Health Department Address: P.O. Box 3827 Beaumont, TX 77704 B. Contractor will direct any billing inquiries either by phone to 512-776-7206 or email to vsubusinessservices@dshs.state.tx.us. VH. 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. B. Contractor will send payments to DSHS at: VSU Remote Birth Access Pap 2 Contract Number: 537-16-0084-00001 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 Beaumont DSHS Marcia Gauthier Texas Department of State Health Beaumont City Health Department Services P.O. Box 3827 Contract Oversight and Support Beaumont, TX 77704 Attn: Princess Lindsay Mail Code 1326 Phone: 409-654-3b50 P.O. Box 149347 Austin, TX 78714-9347 Email: mgauthier@ci.beaumont.tx.us 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. 2. The Data Use Agreement # 2014-044055-001 that was executed between the Parties on 61512015 is applicable to this Contract and Contractor agrees to continue to be bound by its terms and conditions. 3. Contractor 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. VSU Remote Huth Access Page 3 Contract Number: 537-16-0084-00001 4. 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. S. 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 CHInt-Idendhing 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 wiib DSHS State of Texas Records Retention Schedule at h=://www.dshs.state.tx.us/records/schedules.shtm Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. F. Sevemity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalidprovisionwill 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. B. 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. K. 1. Convenience. This Contract may be terminated by mutual agreement of both Parties. Either Party may terminate this Contract without cause by giving 30 days written notice of its intent to terminate to the non -terminating Party. VSU Remote Birth Access Page 4 Contract Number: 537-16-0084-00001 2. Cause. This Contract may be terminated for cause by either Party for breach or failure to perform an essential requirement of the Contract. 3. Notice of Termination. Written notice may be sent by any method that provides verification of receipt, which will be calculated from the date of receipt by the non - terminating Party's Representative provided in Section VIII. 4. Transition after Termination. At the end of the Term of this Contract or termination as provided for in this Section, the Parties will equitably settle their respective accrued interests or obligations incurred prior to termination. By signing below, the Parties agree that this Contract constitutes the entire legal and binding agreement between them. The Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the authority to execute this Contract on behalf of their respective Party. DEPARTMENT OF STATE HEALTH CITY OF BEAUMONT SERVICES Ed House Chief Operating Officer Department of State Health Services Date VSU Remote Birth Access Page 5 Kyle Hayes City Manager City of Beaumont Date