ORDER NO. 19988
APPROVAL OF CONTRACT AND AGREEMENT BETWEEN
TEXAS DEPARTMENT OF HEALTH, BUREAU OF VITAL STATISTICS
AND KERB CDUNTY
On this the 10th day of December 1990, upon motion made by
Commissioner Holekamp, seconded by Commissioner Baldwin, with
Commissioner`s Holekamp, Baldwin, and Ray and Judge Edwards
voting "AYE", and Commissioner Morgan "ABSTAINING", said
motion to approve the contract and agreement between Texas
Department of Health, Bureau of Vital Statistics and Kerr
County, for a remote certification project, and authorizing
the County Judge to sign same, was approved by a majority
vote of 4-0-1.
STATE OF TEXAS
COUNTY OF TRAVIS
TDH DOCUMENT NUMBER: csoooo2s-oi
This CONTRACT and AGREEMENT by and between the Texas Department of Health, Bureau of
Vital Statistics, hereinafter referred to as PERFORMING AGENCY, acting through its
Chief, Bureau of Financial Services, and the Vital Statistics
Kerr County
Program, hereinafter referred to as RECEIVING AGENCY, is as follows:
I. SCOPE OF WORK:
PERFORMING AGENCY agrees to provide on-line computer services in support of
RECEIVING AGENCY.
RECEIVING AGENCY will search PERFORMING AGENCY data bases, locate data, print data,
and issue a Certificate of Birth Facts to individuals requesting such data. The
certificate 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 certificate, provided the number is reasonable.
RECEIVING AGENCY will acquire the necessary data processing equipment, communication
lines, 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 necessary technical assistance, if necessary.
RECEIVING AGENCY agrees to furnish PERFORMING AGENCY with birth and death data
captured by RECEIVING AGENCY during the term of this contract. RECEIVING AGENCY
will be responsible for providing the monthly birth and death data thirty (30) days
after receipt of data entry program from PERFORMING AGENCY. Data will be provided
monthly on some magnetic medium in a file layout agreed to by both parties.
RECEIVING AGENCY acknowledges that data may not be located in the searching process
instituted by RECEIVING AGENCY 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 birth year does not exist on the system (current data on system is
limited to years 1926, 1927, 1928, and 1942-1989).
RECEIVING AGENCY will notify PERFORMING AGENCY in writing, on a monthly basis, 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 birth record keeping
that is in accordance with Chapter 193 of the Health and Safety Code.
I1. TERM
The term of this contract will begin upon the execution by both parties and will
continue in force and effect until terminated as hereandafter set out.
III. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY 51.83 (One Dollar and 83/100)
for each search resulting in the printing and issuance of a Certificate of Birth
Facts.
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.
IV. CONFIDENTIALITY
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 data obtained
and issued, as specified under this contract, will be used for purposes as herein
set out and the use of this data for other purposes must be agreed to in writing by
both parties.
V. 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.
VI. APPLICABLE LAWS 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.
VII. SEVERABILITY
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.
contractor and not an agent, servant, or employee of the state. o the
extent that Chapter 104 of the Texas Civil Practice and Reme a is applicable
to this contract, RECEIVING AGENCY agrees to hold G AGENCY and/or federal
government harmless and to indemnify the and against any and al] claims,
•~ demands, and causes of action of ind and character which may be asserted by
any third party occurri ny way incident to, arising out of, or in connection
with the perfo of services by RECEIVING AGENCY under this contract to the
exten a by law, excluding, however, occurrences arising under subparagraph IB
EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
Kerr Count Texas
By: awl
Name)
DANNY R. ED1n1ARDS
Kerr County Judge
(Title)
PERFORMING AGENCY
TEXAS DEPARTMENT OF HEALTH
By:
Terry Faye Bleier
Chief
Bureau of Financial Services
Date: December 10, 1990
Recommended by:
By ~ i~~ • ~ /LJ
PATRIC7A DYE, Kerr Co y Clerk
APPROVED AS TO FORM:
~=
By:
Name an Tit e
STAN REID,
Assistant County Attorney
Date:
VID x:350150150150000
APPROVED AS TO FORM:
By:
Na Nelson
Office of General Counsel
. •ii.uii•••
e * ~'~r•.
:Y ~ J:
~Pat~ cc~a ~Dy e
COUNTY CLERK KERB COUNTY
KERRVILLE, TEXAS 78028-5389
(512) 896-2$44
December 11, 1990
Mr. Richard B. Bays
State Registrar
Texas Department of Health
Bureau of Vital Statistics
1100 West 49th Street
Austin, Texas 78756-3191
Re: TDH Doctanent Number: C5000028-01
Dear Mr. Bays,
Enclosed are ttn~ contracts executed by Kerr County, as per
Catmissioners' Court Order No. 19988 passed on December 10,
1990, relating to your Remote Certification Project. Please
return one fully executed copy to this office for our files.
If you have any questions or we may be of further assistance,
please contact us at the above telephone number.
Sincerely,
PATRICIA DYE,
Kerr County Clerk
~O~~r2~m c.-e~ ~•
~• Tcnstue C. Huston, Deputy
Enclosure
~ PLEASE FURNISH ONE ORIGINA ANDS VEN CnPiFS nF THIS RF(JUFST ANA nO("IIMFNTC
TO BE REVIEWED BY THE COURT.
MADE BY: PATRICIA DYE OFF ICE: County Clerk
MEETING DATE: December 10, 1990 TIME PREFERRED:
SUBJECT: (PLEASE B E SPECIFIC): Approve Contract and Agreement between Texas Department
of Health, Bureau of Vital Statistics and Kerr County
E ST I MATE D L E NGTH OF PRESENTATION: 5 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
NAME OF PERSON ADDRESSING THE COURT: Patricia Dye
Time for submitting this request for Court to assure that the matter Is posted In
accordance with Article 6252-1 7 Is as f of lows:
• Meetings held on second Monday: 12:00 P. M. previous Wednesday '
• Meetings held on Thursdays: 5:00 P. M. previous Thursday.
If preferable, Agenda Requests may be made on office stationery with the above
Information attached.
THIS REQUEST RECEIVED BY:
l
THIS REQUEST RECE IVED ON: ~~ ~ 3 @ ~~ 'C~
All Agenda Requests will be screened by the County Judge's Office to determine If
adequate information has been prepared for the Court's formal consideration and action at
time of Court meetings. Your cooperation will be appreciated and contribute towards
your request being addressed at the earliest opportunity.
ORDER N0. 19988
APPROVAL OF CONPRACT AND AGREE[~N`1'
B~,~J gyp,,, DgpAR~i'N~!' OF HEALTH,
BUREAU OF VITAL STATISTICS AND KERB
COUN'1"l
December 10, 1990
Vol. S, Pg. 72