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DEPARTMENT OF STATE HEALTH SERVICES <br />P E OA <br />x <br />This contract, number 2009-028732-001 (Contract), is entered into by and between the <br />Department of State Health Services (DSHS or the Performing Agency), an agency of the State <br />of Texas, for DSHS Program Vital Statistics Unit and CITY OF SAN MARCOS (Receiving <br />Agency), a Government Entity, (collectively, the Parties). <br />1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency <br />agrees to purchase the services and/or goods as described in this Contract. <br />2. Total Amount of the Contract. The total amount of this Contract shall be determined by the <br />number of birth certificates printed as a result of searches of the database. <br />3. Term of the Contract. This Contract begins on 09/01/08 and ends on 08/31/2010. The <br />Parties are not responsible for performance under this Contract before both parties have signed <br />the Contract or before the start date of the Contract, whichever is later. <br />4. Authority. Performing Agency enters into this Contract under the authority of Health and <br />Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through <br />the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract <br />is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal <br />Cooperation Act, Chapter 791 et seq. <br />5. Documents Forming Contract. The Contract consists of the following: <br />a. Core Contract (this document) <br />b. Exhibits, if applicable <br />Any changes made to the Contract, whether by edit or attachment, do not form part of the <br />Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and <br />incorporated herein through written amendment. <br />This Contract may be modified within the Contract period by written amendment signed by both <br />Parties. <br />6. Statement of Work. <br />Performing Agency agrees to provide on-line computer services in support of Receiving Agency <br />from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency <br />or computer application error, Performing Agency may temporarily suspend services without <br />advance notice. <br />92648-1