ORDER NO. 29792
CONTRACT AND AGREEMENT BETWEEN
DEPARTMENT OF STATE HEALTH SERVICES, BUREAU OF VITAL STATISTICS
AND
KERB COUNTY
Came to be heazd this the 24`h day of July 2006 with a motion made by Commissioner Letz, Seconded by
Commissioner Baldwin, the Court unanimously approved by a vote of 4-0-0 the contract and agreement
between the Deparhnent of State Health Services, Bureau of Vital Statistics and Kerr County.
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COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS
TO BE REVIEWED BY THE COURT.
MADE BY: Jannett Pieper
MEETING DATE: July 24, 2006
SUBJECT: (Please Be Specific)
TIME PREFERRED: AM
Consider, discuss and take appropriate actions to renew the annual contract between Kerr
County and the Department of State Health Services and authorize the County Judge to sign.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT: Jannett Pieper
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE
Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5,
Chapter 551 and 552, Government Code, is as follows:
Meeting schedule for Mondays: 5:00 P.M. previous Tuesday
TH[S REQUEST RECEIVED BY:
THIS REQUEST RECEIVED ON:

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 towazds your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.
Office: County Clerk
DSHS DOCUMENT NUMBER: 5375375370*2008Z-O1
STATE OF TEXAS
COUNTY OF TRAVIS
This CONTRACT and AGREEMENT by and between the Department of State Health Services,
Bureau of Vital Statistics, hereinafter referred to as PERFORMING AGENCY, and acting through its
Chief, Bureau of Financial Services, and KERR COUNTY, 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 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 seazch PERFORMING AGENCY 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 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.
RECENING 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 seazching 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 yeaz 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.
RECENING 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 Chapters 191 through 195 of the Health and Safety Code and the regulations adopted
thereunder.
Il. LEGAL AUTHORITY TO CONTRACT
Chapter 12, Health and Safety Code.
III. TERM
The term of this AGREEMENT is to begin September O1, 2006 and shall remain in effect until
August 31, 2008.
IV. COMPENSATION
RECEIVING AGENCY agrees to reimburse PERFORMING AGENCY $1.83 (One Dollar and
83!100) for each Certification of Vital Record printed as a result of seazches of the database.
RECEIVING AGENCY agrees to chazge the same base seazch fee for a birth certificate as the
PERFORMING AGENCY. Additional fees may only be charged as authorized by Texas Health and
Safety Code 191.
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 postmazked.
V. CONFIDENTIALITY
RECENING 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.
RECENING 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.
VI. SECURITY
RECENING AGENCY agrees to implement all reasonable and necessary procedures to ensure that
only authorized users will have access and will notify DSHS immediately should it detect a security
violation by one of its employees or any other person. RECEIVING AGENCY is responsible for
insuring that authorized RECENING AGENCY employee(s) use only their own individual
passwords while logged into PERFORMING AGENCY'S on-line computer applications.
PERFORMING AGENCY will inactivate any individual who does not use their account for ninety
(90) days. RECEIVING AGENCY shall notify PERFORMING AGENCY of all branch locations.
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VII. INSPECTIONS
RECEIVING AGENCY shall permit authorized PERFORMING AGENCY personnel, during normal
working hours, to conduct site visits and review such records as needed to ascertain compliance with
the terms of this contract.
VIII. VOIDED RECORDS
PERFORMING AGENCY will handle credit requests for voided records due to mistakes or errors on
a case-by-case basis. Credit requests may be considered in those cases of emergency situations, i.e.,
equipment and systems failure or inclement weather. RECEIVING AGENCY shall submit these
requests in writing along with pertinent documentation to provide a justification to the State Registrar
and/or designee for approval. PERFORMING AGENCY will provide written documentation to the
RECEIVING AGENCY on the status of the approval of credit requests.
RECENING AGENCY must notify PERFORMING AGENCY'S Security Manager in writing to
clear voided records from the remote access system's customer lifetime counts.
IX. 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.
X. 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.
XI. FUNDING
This contract is contingent upon the availability of funding. PERFORMING AGENCY may amend
or terminate all or any part of this contract if available funds become reduced, depleted, or
unavailable during the term of this contract. RECEPJING 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, withdrawal, or failure of funding to PERFORMING AGENCY or lack of sufficient
funding of PERFORMING AGENCY for any Attachment(s) to this contract. If funds become
unavailable, provisions of the Termination Article will apply.
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EXECUTED IN DUPLICATE ORIGINALS ON THE DATES INDICATED.
RECEIVING AGENCY
KERR COUNTY
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(Title- V
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PERFORMING AGENCY
DEPARTMENT OF STATE HEALTH
SERVICES
By:
Bob Burnette, Director
Client Services Cotttracting Unit
Date: ~ ~ ~ ~ ^ U'(~
Recommended by:~.lANtJe~ ~~~~~ T' VID #: 35375375371000
(Name and Title)
APPROVED AS TO FORM:
By:
(Name and Title)
DSHS DOCUMENT NUMBER: 5375375370*2008Z-Ol