ORDER NO. 30978
DEPARTMENT OF STATE HEALTH SERVICES CONTRACT
Came to be heard this the 8th day of September, 2008, with a motion made by
Commissioner Letz, seconded by Commissioner Oehler. The Court unanimously
approved by a vote of 4-0-0 to:
Approve the Contract between the Department of State Health Services and Kerr County
for the issuance of vital statistic records via on-line, and authorize the County Judge to
sign same.
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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 Office: County Clerk
MEETING DATE: September 8, 2008
SUBJECT: (Please Be Specific)
TIME PREFERRED:
Consider, discuss and take appropriate action to approve the contract between the Department
of State Health Services and Kerr County for the issuance of vital statistic records via on-line
any' authorize the County Judge to sign it.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON):
NAME OF PERSON ADDRESSING COURT:
ESTIMATED LENGTH OF PRESENTATION:
r+PERSONNEL MATTER. -NAME OF EMPLOYEE
Jannett Pieper
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
THIS REQUEST RECEIVED BY:
Tt ~ ~S 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 towards your request being addressed at the earliest opportunity. See
Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722.

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DAVID L. I,AKEY, M.D.
COMMISS[ONER
August 20, 200$
Dear Contractor:
1100 West.49th Street • Austin, Texas 7$756
P.O. Box 149347 • Austin, Texas 7$714-9347
1-888-963-71 11 • www.dshsstate.tx.us
TTY: 1-800-735-?989
Enclosed are two copies of your Department of State Health Services (DSHS) contract. Please sign and
return one copy to this unit as soon as possible. Changes made to any portion of the contract
documents are considered acounter-offer and are not valid without DSHS written concurrence.
PLEASE I~tOTE: Return one copy of the contract in its entirety to the address below. Contracts
returned to any other address may result in contract delays.
1Viailins? Address for Regular Mail:
Client Services Contracting Unit MC 1886
Department of State Health Services
PO Box 149347
Austin, TX 78714-9347
Attention: Debbie Hightower
Physical Address for Overnight Mail:
Client Services Contracting Unit MC 1886
Department of State Health Services
1100 West 49th Street
Austin, TX 7$756
Attention: Debbie Hightower
Please reference the DSHS contract and attachment number in all future correspondence. If you have
questions, please contact Debbie Hightower at 512-458-7111 ext. 6220 or via email at
debbie.hightower(c~dshs.state.tx.us.
Sincerely,
Bob Burnette, Director
Client Services Contracting Unit
Isnclosures
TEXAS DEPARTMENT OF STATE HEALTH SERVICES
An Epual Employment Opportunity Emalover and Provider
DEPARTMENT OF STATE HEALTH SERVICES
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This contract, number 2009-028771-001 (Contract), is entered into by and between the
Department of State Health Services (DSHS or the Performing Agency), an agency of the State
of Texas, for DSHS Program Vital Statistics Unit and KERB COUNTY (Receiving Agency), a
Government Entity (collectively, the Parties).
1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency
agrees to purchase the services andJor goods as described in this Contract.
2. Total Amount of the Contract The total amount of this Contract shall be determined by the
number of birth certificates printed as a result of searches of the database.
3. Term of the Contract. This Contract begins on 09/01/08 and ends on 08/31./2010. The
Parties are not responsible for performance under this Contract before both parties have signed
the Contract or before the start date of the Contract, whichever is later.
4. Authority. Performing Agency enters into this Contract under the authority of Health and
Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through
the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract
is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal
Cooperation Act, Chapter 791 et seq.
5. Documents Forming Contract. The Contract consists of the following:
a. Core Contract (this document)
b. Exhibits, if applicable
Any changes made to the Contract, whether by edit or attachment, do not form part of the
Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and
incorporated herein through written amendment.
'Phis Contract may be modified within the Contract period by written amendment signed by both
Parties.
6. Statement 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.
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Receiving Agency will search 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.
Receiving Agency will acquire the necessary data processing equipment, communications,
hardware or software, and purchase "bank note" paper, as specified by 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 Chapters 195 of the Health and Safety Code and the regulations adopted there
under.
7. Payee• The Parties agree that the following payee is entitled to receive payment for services
rendered by DSHS or goods provided under this Contract:
Name: Department of State Health Services
Address: l 100 West 49`" Street
Austin, Texas 78756-3199
Vendor Identification Number: 35375375371000
8. Payment Method.
Pee for Service
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 searches of the database.
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Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing
Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code
191.
9. Billing Instruction. Performing Agency will submit a monthly itemized billing showing the
number of transactions by date to Receiving 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.
] 0. Confidentiality. Parties are required to comply with 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. 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 ar data for other purposes must be agreed to in writing
by both parties.
11. Security of Patient or Client Records. Receiving Agency agrees that all data received
from Performing Agency shall be treated as confidential, and ensure all information provided to
outsourced entities remains confidential and utilized as specified in any pertinent written
agreements. Data will not be used for any purpose other than that specifically set forth herein.
Data will not be made available to any other individual or organization without proper consent.
Data will be maintained to prevent unauthorized access and will not be used to track back to any
individual or organization identified by the data. Receiving Agency agrees to implement all
reasonable and necessary procedures to ensure that only authorized users will have access and
will notify Performing Agency immediately should it detect a security violation by one of its
employees or any other person. Receiving Agency is responsible for insuring that authorized
Receiving Agency employee(s) use only their own individual passwords while logged into
Performing Agency 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.
12. Suspension of Services Under This Contract. In the event of an emergency or computer
overload, Performing Agency may temporarily suspend services without advance notice. This
Contract may be immediately suspended upon reasonable suspicion by Performing Agency that
the ternls of this Contract have been violated. Performing Agency further reserves the right to
terminate this Contract if, after reasonable notice and investigation, it is concluded that a
violation of this Contract has occurred.
13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee
of accuracy regarding the data provided to Receiving Agency under this contract.
14. Termination. This Contract maybe terminated by mutual agreement of both parties. Either
party may terminate this Contract by giving 30 day's written notice of its intent to terminate.
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F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract
shall he 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 first given above (or at such other address as the
Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of
receipt.
C. Immunity Not Waived. THE P:~~RTIES EXPRESSLY AGREE THAT NO PROVISION
OF TI-IIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITLITE A WAIVER BY
DF_.PARTMENT OR THF, STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR
FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE F3Y
OPERATION OF LAW.
N. Waiver. Acceptance by either party of partial performance or failure to complain of any
action, non-action or default under this Contract shall not constitute a waiver of either party's
righks under the Contract.
I. Breach of Contract Claim. The process for a breach of contract claim against the Department
provided for in Chapter 22b0 of Texas Government Code and implemented in the rules at 25
TAC~~'§1.431-1.447 shall be used by Performing Agency and Receiving Agency to attempt to
resolve any claim for breach of contract made against Performing Agency.
J. 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.
K. Voided Records.
To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged
Records, Performing Agency is asking all Local office staff to be prudent in reviewing and
checking record information on the computer screen prior to printing. The State Vital Statistics
Unit does not honor nor encourage what some may consider "courtesy or free copies". All
documents printed via the remote access system are considered legal and viable documents.
Every time a specific record is printed, it is counted. Once a record has been printed l 0 times, it
can no longer be issued without authorization from the State Vital Statistics Unit Office.
Records printed by accident should be reported to the Security Manager to reset the lifetime
count. The State Vital Statistics Unit is not responsible for: printers not being turned on, printing
to wrong printer, printers not working properly, the accidental printing of a wrong record. In
order to reset the lifetime count of a customer, Receiving Agency must notify Performing
Agency Security Manager in writing to clear voided records from the remote access system's
customer lifetime counts and the original voided certificate must be sent into the State Vital
Statistics Unit Office.
L,. Credits.
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Performing Agency will handle credit requests nn a case-by-case basis. Credits may be
considered in those cases of emergency situations, i.e., equipment and systems failures or
inclement weather. Receiving Agency shall submit these requests in writing along with pertinent
documentation to provide 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.
16. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of
the Parties and that there are no agreements or understandings, written or oral, between them
with respect to the subject matter of this Contract, other than as set forth in this Contract.
By signing below, the Parties acknowledge that they have read the Contract and agree to its
terms, and that the persons whose signatures appear below have the requisite authority to execute
this Contract. on behalf of the named party.
DEP rMEN~T ST'AT ~'ES
Signature of Authorized Official
KERB COUNTY
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Date
Bob Burnette, C.P.M., CTPM
Director, Client Services Contracting Unit
1100 WEST 49TH STREET
AUSTIN, TEXAS 78756
(512) 45$-7470
Bob.Burnette~cr),dshs,state.tX.us
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Printed Name and Title
700 Maui Street
Address
K.errvill.e, TX `18028
City, State, Zip
83f.)-792-2_2.11.
Telephone Number
E-mail Address for Official Correspondence