ORDER NO. 31856 CONTRACT — DEPARTMENT OF STATE HEALTH SERVICES AND KERR COUNTY — VITAL STATISTICS RECORDS Came to be heard this the 23rd day of August, 2010, with a motion made by Commissioner Baldwin, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4 -0 -0 to: Approve Contract between the Department of State Health Services and Kerr County for the Vital Statistics Records. I'lp 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: Aug. 23, 2010 TIME PREFERRED: SUBJECT: (Please Be Specific) Consider, discuss and take appropriate action to approve the contract between the Department of State Health Services and Kerr County for the Vital Statistics Records. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): NAME OF PERSON ADDRESSING COURT: Jannett Pieper ESTIMATED LENGTH OF PRESENTATION: 2 minutes 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 THIS 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 towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. Make sure any and all back up material is attached to this form. ' Z 9 .". ig TEXAS DEPARTMENT OF STATE HEALTH SERVICES ° 1100 West 49th Street • Austin, Texas 78756 P.O. Box 149347 • Austin, Texas 78714 -9347 DAVID L. LAKEY, M.D. 1- 888 - 963 -7111 • www.dshs.state.tx.us COMMISSIONER TTY: 1- 800 - 735 -2989 August 13, 2010 Hello Contractor, 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. To expedite contract execution, please overnight the contract to the physical address below. Your contract will be signed by DSHS and returned to your agency. Changes made to any portion of the contract document (s) are considered a counter -offer and are not valid without DSHS written concurrence. DSHS will not pay for reimbursements submitted/postmarked more than 60 days after the end of the contract term. Additional information regarding this policy is available on the DSHS website at http://www.dshs.state.tx.us. NOTE: Return ONE COPY of the contract in their entirety to one of the two addresses below. Contracts returned to any other address may result in contract delays. Physical Address for Overnight Mail Mailing Address for Regular Mail Client Services Contracting Unit MC 1886 Client Services Contracting Unit MC 1886 Department of State Health Services Department of State Health Services 1100 W.49 Street PO Box 149347 Austin, TX 787756 Austin, TX 78714- 9347 If you are not sending the contract overnight and you do not have any changes, you may email the signed contract and any supporting documentation that also requires a signature for quick execution. If you do not have a scanner, you may also fax the first two pages of the contract that includes the signature page to 512.458.7351. Ensure that the contractor name and DSHS contract attachment number identifies the faxed page (s). It is still required to mail the hard copies of the contract with original signature. Please reference the DSHS contract and attachment number in all future correspondence. If you have questions, contact Yvonne Alba at 512.458.7111 ext 6362 or via email at yvonne.alba@,dshs.state.tx.us Sincerely, et. „ & ........ 73 .4„. Bob Burnette, Director Client Services Contracting Unit An Equal Employment Opportunity Employer and Provider DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2011 - 036206 -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 KERR 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 and /or 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 09/01/2010 and ends on 08/31/2012. 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. This 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. 92648 -1 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: 1100 West 49 Street Austin, Texas 78756 -3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service 92648 -1 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. 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. 10. 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 or 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 terms 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. 92648 -1 14. Termination. This Contract may be 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. Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract. Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and /or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws o f the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client- Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. D. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http: / /www.dshs.state.tx.us /records /schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. E. Severability and Ambiguity. 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 92648 -1 and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall 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 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. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. 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 rights under the Contract. I. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 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 10 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. 92648 -1 L. Credits. Performing Agency will handle credit requests on 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 Aereement. 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. DEPARTMENT OF STATE HEALTH SERVICES KERR COUNTY 6 1 /4441te k .... Signature of Authorized Official .§... _ 8//3//e) 08 -23 -2010 Date Date Bob Burnette, C.P.M., CTPM PAT TINLEY, KERR COUNTY JUDGE Printed Name and Title Director, Client Services Contracting Unit 700 MAIN STREET Address 1100 WEST 49TH STREET KERRVILLE, TX 78028 AUSTIN, TEXAS 78756 City, State, Zip (512) 458 -7470 (830) 792 -2211 Telephone Number Bob.Burnette @dshs.state.tx.us ptinley @co.kerr. tx. us E - mail Address for Official Correspondence 92648 -1