Ordinance No. 8,249980409 -4
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ORDINANCE NO. 8249
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A REMOTE BIRTH
ACCESS CONTRACT WITH THE TEXAS DEPARTMENT OF HEALTH —
BUREAU OF VITAL STATISTICS; AND PROVIDING FOR THE
EFFECTIVE DATE THEREOF.
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
and directs the City Manager and the City Clerk of the City of Baytown to execute and attest to
a Remote Birth Access Contract with the Texas Department of Health— Bureau of Vital
Statistics. A copy of said agreement is attached hereto, marked Exhibit "A," and made a part
hereof for all intents and purposes.
Section 2: 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 the City Council of
the City of Baytown this the 9' day of April, 1998.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
4weze�L —
eiE(NACIO RAMIREZ, , City Attorney
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PETE C. ALFA O, Mayor
STATE OF TEXAS
COUNTY OF TRAVIS TDH DOCUMENT NUMBER: 501501501D*OEU -01
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of Vital Statistics,
hereinafter referred to as PERFORMING AGENCY, and acting through its Chief, Bureau of Financial Services, and the
Vital Statistics Program
City of Baytown
hereinafter referred to as RECEIVING AGENCY, is as follows:
PERFORMING AGENCY agrees to provide on -line computer services in support of RECEIVING AGENCY from 7:00
a.m. to 6:00 p.m. 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 data bases, 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 reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communications, hardware or software,
and purchase "bank note" paper, as specified by the PERFORMING AGENCY. PERFORMING AGENCY will assist
in connection of the equipment, furnish software program and provide technical assistance, if necessary.
RECEIVING AGENCY acknowledges that records may not be located in the searching process instituted by RECEIVING
AGENCY or records which are located may have errors due to:
A) normal key -entry errors in spellings;
B) accidental failure on the part of the PERFORMING AGENCY to update a file
for an amendment or paternity determination; and
C) the event year does not exist on the system.
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, at least monthly of errors or suspected errors
that exist 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.
RECEIVING AGENCY is responsible for maintaining a system of vital record keeping that is in accordance with
Chaptors 191 through 195 of the Health and Safety Code and the regulations adopt«] thereunder.
LEGAL AUTHORITY TO CONTRACT:
Chapter 12 of the Health and Safety Code.
® IL TERM
The term of this contract will begin upon its execution by both parties and will continue in force and effect until either
party gives sixty (60) days written notice of lemiination to the other party.
EXHIBIT A
a COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and 831100) for each
Certification of Vital Record printed as a result of searches of the database.
A monthly itemized billing showing the number of transactions by date will be submitted to RECEIVING AGENCY by
PERFORMING AGENCY and payment will be made no later than thirty (30) days following the billing date. Payment
will be considered made on the date postmarked.
VIA
RECEIVING AGENCY will 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
information 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 writing by both parties.
V SECURITY
Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will
have access and will notify TDH immediately should it detect a security violation by one of its employees or any other
person.
YL TERMINATION
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.
V)T, APPLICABLE TAWS AND STANDARDS
RECEIVING AGENCY further certifies by execution of this contract that it is not ineligible for participation in federal
or state assistance programs under Executive Order 12549, Debarment and Suspension. RECEIVING AGENCY
specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state
agency. A false statement regarding RECEIVING AGENCY'S status will be treated as a material breach of this contract
and may be grounds for termination at the option of PERFORMING AGENCY.
YUL SFVFRABH.ITY
If any provision of this contract 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.
M FUNDING
This contract is contingent upon the availability of funding. RECEIVING AGENCY will have no right of action against
the State of Texas 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, wi(Wrawal, or failure of funding to
PERFORMING AGENCY or lack of sufficient funding of PERFORMING AGENCY for any Attachment(s) to this
0 contract. If funds become unavailable, provisions of the Termination Article will apply.
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY I PERFORMING AGENCY
(Name)
By:
(Name)
(Title)
Date:
Recommended by:
(Name and Title)
APPROVED AS TO FORM:
By:
•
(Name and Title)
TEXAS DEPARTMENT OF HgALTH
B •`
L arrow, Chief
Bureau of Financial Services
Date:
APPROVED AS TO FORM:
By: FORMAT APPROVED
Office of General Counsel
TDII Document No.:501501501D *OEU -01