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HomeMy WebLinkAboutPR 18543: HEALTH SERVICES FOR VITAL STATISTICS TO CONTINUE ONLINE BIRTH CERTIFICATE ACCESS Memorandum City of Port Arthur, Texas Health Department TO: John A. Comeaux, P.E., Interim City Manager FROM: Judith A. Smith, RN, BSN Director of Health Services DATE: September 4, 2014 UU SUBJECT: Proposed Resolution No. 18543 Contract Approval between the City of Port Arthur and the Department of State Health Services for Vital Statistics RECOMMENDATION It is recommended that the City Council approve P.R. No.18543, which is a contract between the City of Port Arthur and the Department of State Health Services for continuance of on-line computer services in support of the City's Vital Statistics Division. BACKGROUND This contract will allow the City of Port Arthur Health Department Vital Statistics Division to continue accessing the Department of State Health Services database to locate data and issue Certifications of Vital Records to authorized individuals requesting such data. The period of this contract is September 1, 2014 through August 31, 2016. BUDGETARY AND FISCAL EFFECT The City of Port Arthur will reimburse the Department of State Health Services $1.83 for each Certification of Vital Record printed as a result of searching the database. Funds are allocated in the City's general fund budget to cover this cost. STAFFING EFFECT None. SUMMARY It is recommended that the City Council approve P.R. No. 18543, which is a contract between the City of Port Arthur and the Department of State Health Services to continue to provide on-line computer services in support of the City's Vital Statistics Division. P. R. NO. 18543 09/04/2014-jas RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT BETWEEN THE CITY OF PORT ARTHUR AND THE DEPARTMENT OF STATE HEALTH SERVICES FOR VITAL STATISTICS TO CONTINUE ONLINE BIRTH CERTIFICATE ACCESS WHEREAS, the Department of State Health Services agrees to provide on-line computer services in support of the City of Port Arthur Health Department Vital Statistics Division for the period September 1, 2014 through August 31, 2016; and, WHEREAS, the City of Port Arthur Health Department Vital Statistics Division will search the Department of State Health Services databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data; and, WHEREAS, the City of Port Arthur agrees to reimburse the Department of State Health Services $1.83 for each Certification of Vital Record printed as a result of searching the database. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That,the facts and opinions in the preamble are true and correct. Section 2. That, the City Council of the City of Port Arthur hereby approves the contract between the City of Port Arthur and the Department of State Health Services. P. R. NO. 18543 Page 2 the City of Port Arthur for on-line computer services to search, locate data, and issue Certifications of Vital Records to authorized individuals as delineated in Exhibit "A". Section 4. That, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED,this day of September 2014 A.D., at a Regular Meeting of the City Council of the City of Port Arthur, Texas by the following Vote: AYES: Mayor: Council members: NOES: Mayor ATTEST: Sherri Bellard, City Secretary P. R. NO. 18543 Page 3 APPROVED AS TO FORM: K4/e M Val Tizeno, ityttorney APPROVED FOR ADMINISTRATION: Cji.uthtib A Arnittitrt isS,t) John A. Comeaux, P.E., Juth A. Smith, RN, BSN Interim City Manager Director of Health Services EXHIBIT "A" DEPARTMENT OF STATE HEALTH SERVICES E c�� Uno 1"6 This contract, number 2015-045787-001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency) DSHS Program Vital Statistics Unit and PORT ARTHUR CITY HEALTH DEPARTMENT (Receiving Agency). 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 September 1, 2014 and ends on August 31, 2016. 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 Texas Health and Safety Code Chapter 1001 and Texas Government Code Chapter 791. 5. Documents Forming Contract. The Contract consists of the following: a. Core Contract(this document) b. Exhibits, if applicable This Contract may be modified within the Contract period by written amendment signed by the Parties. 6. Statement of Work. a. Performing Agency agrees to provide on-line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. (CST) Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. b. 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. 92648-1 c. 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. d. 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: i. Normal key-entry errors in spellings; ii. Accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and iii. The event year does not exist on the system. e. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. f. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. g. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Health and Safety Code Chapter 195 and the regulations adopted. h. The Parties are required to comply with all applicable state and federal laws relating to the privacy and confidentiality of this data and records, which includes Texas Government Code Section 552.0038. i. The Parties will maintain sufficient safeguards to prevent release or disclosure of any such records or information obtained under this Contract to anyone other than individuals who are authorized by law to receive such records or information and who will protect the records or information from re-disclosure as required by law. j. The Parties will use confidential records and information obtained under this Contract only for purposes as described in this Contract and as otherwise allowed by law. 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 Austin, Texas 78756-3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service: 92648-1 A. Receiving Agency agrees to reimburse Performing Agency $1.83 (for each Certification of Vital Record printed as a result of searches of the database. B. Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. C. Receiving Agency may only charge additional fees 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. 92648-1 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 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 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, 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 92648-1 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 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 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. DEPARTMENT OF STATE HEALTH SERVICES PORT ARTHUR CITY HEALTH of , DEPARTMENT B y: B y: Signat e o Authorized Official Signature Date Date Ed House Printed Name and Title Chief Operating Officer Ed.House @ dshs.state.tx.us Address City, State, Zip Telephone Number E-mail Address for Official Correspondence 92648-I