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HomeMy WebLinkAboutContract 39186 CITY SECRETARY '%ONTRACT NO, . DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009-031163-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and City of Fort Worth (Other Party), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to provide and Other Party 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 not exceed $300.00 and the payment method(s) shall be as specified in this Contract. 3. Term of the Contract. This Contract begins on 05/01/2009 and ends on 08/31/2010. DSHS is 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. DSHS 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 DSHS and Other Party 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. DSHS will provide to the Other Party, upon request, data compressed computer files via encrypted email or cd's sent certified mail which pertains to deaths of county residents. Other Party will provide DSHS a detailed list of death certificate data they are requesting be sent My SECRETARY L - ET' WORTH, T-X RECEIVED SEP 2 8 2GG9 92648-1 I to them. 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 49th Street P. O. Box 149347 Austin, Texas 78714-9347 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service The Other Party shall pay for services based upon invoices prepared by DSHS as services are delivered. DSHS will bill Other Party at a rate of$300.00 per data year. The Other Party agrees to pay DSHS for all services completed .9. Billing Instruction. An itemized billing showing the number of transactions by date will be submitted to Other Party by DSHS and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. Invoices shall be submitted to the following address: Department of State Health Services Cash Receipts Branch MC 2003 P.O. Box 149347 Austin, TX 78714-9347 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. Other Party will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Other Party employee(s) or those who have an official need for the information and are authorized to receive such records. Other Party 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. Notwithstanding any provision relating to confidentiality, the information furnished by DSHS may be disclosed to a third party pursuant to any open records decision or ruling by the Attorney General that such information constitutes public information. 11. Security of Patient or Client Records. Other Party agrees that, to the extent permitted by applicable law, all data received from DSHS shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. 92648-1 12. Suspension of Services Under This Contract. In the event of an emergency or computer overload, DSHS may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by DSHS that the terms of this Contract have been violated. DSHS 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 DSHS makes no guarantee of accuracy regarding the data provided to Other Party under this contract. 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. DSHS reserves the right to limit or cancel access under this Contract should DSHS determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Other Party and/or that continued access by Other Party is detrimental to the overall efficiency and operation of DSHS's computer systems. Any such limitation or termination of services will be upon written notice to Other Party by DSHS. Upon termination of all or part of this Contract, Department and Other Party 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 of 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, Other Party and DSHS 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. 92648-1 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 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 other Party 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 OR THE CITY OF FORT WORTH OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS OR THE CITY OF FORT WORTH 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 DSHS and Other Party to attempt to resolve any claim for breach of contract made against DSHS. J. Inspections. Other Party shall permit authorized DSHS 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, DSHS 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 92648-I 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, Other Party must notify DSHS 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. DSHS 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. Other party shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. DSHS will provide written documentation to the Other Party on the status of the approval of credit requests. 92648-1 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. DE P TMENT OF TATE HE TH SERVICES OTHER PARTY By. B . Signature of Authorized Official Signature q f I4 IM Date Date Bob Burnette, C.P.M., CTPM Karen L. Montgomery, Asst . City Manager Director, Client Services Contracting Unit Printed Name and Title 1000 Throckmorton Street Address Fort Worth , TX 76102 City, State, Zip Attested by: 817/392-6222 Telephone Number karen.montgomery@fortworthgov. org Marty Hendrix,&Y Secretary E-mail Address for Official Correspondence r NO M&C REiQt11RLM A.SSI ,NT CITY ATTORNEY 92648-1