Ordinance No. 12,981ORDINANCE NO. 12, 981
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF STATE
HEALTH SERVICES FOR ONLINE COMPUTER SERVICES TO RESEARCH ITS
DATABASE TO ISSUE CERTIFICATION OF VITAL RECORDS; AUTHORIZING
PAYMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND AND N01100
DOLLARS ($10,000.00); MAKING OTHER PROVISIONS RELATED
THERETO;AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute a contract with the Texas Department of State Health Services ( "DSHS ") for online
computer services to research the DSHS database to issue certification of vital records. A copy of said
contract is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payment in an
amount not to exceed TEN THOUSAND AND NO/ 100 DOLLARS ($10,000.00) pursuant to the
Agreement authorized in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS
($50,000.00) or less; however, the original contract price may not be increased by more than twenty -five
percent (25 %) or decreased by more than twenty -five percent (25 %) without the consent of the contractor
to such decrease.
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of 4 City Council of the City of
Baytown this the I Oh day of September, 2015.
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APPROVED AS TO FORM:
4A2'CC4?I RAMIREZ, SR., Ci ttorney
STH. DONCARLOS, Mayor
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Exhibit "A"
DEPARTMENT OF STATE HEALTH SERVICES
Contract number 537 -16- 0110 -00001 (Contract), is entered into by Department of State Health
Services (DSHS) Vital Statistics Unit and City of Baytown (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.
M. 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.
Contract Number: 537 -16- 0110 -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.
I. 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 ffina.
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 Baytown
Address: 2401 Market Street
Baytown, TX 77520
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.
B. Contractor will send payments to DSHS at:
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Contract Number: 537 -16- 0110 -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 Baytown
DSHS
Leticia Brysch
Texas Department of State Health
City of Baytown
Services
2401 Market Street
Contract Oversight and Support
Baytown, TX 77520
Attn: Princess Lindsay
Mail Code 1326
Phone: 281 -420 -6504
P.O. Box 149347
Austin, TX 78714 -9347
Email: leticia.brysch@baytown.org
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 - 044136 -001 that was executed between the Parties
on 3/16/2015 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
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Contract Number: 537 -16- 0110 -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.
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.
5. 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- Identifvine 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 htip://www.dshs.state.tx.us/repQrds/Schedules.sht m,
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.
I 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. Terminati on.
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Contract Number: 537 -16- 0110 -00001
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.
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 BAYTOWN
SERVICES
Ed House
Chief Operating Officer
Department of State Health Services
Date
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Rick Davis
City Manager
City of Baytown
Date