LEXISNEXISVIALCHEK_VITALS PE (00).PDF

CONTRACT FOR SERVICES
MARICOPA COUNTY
by and through the
DEPARTMENT OF PUBLIC HEALTH
4041 N. Central, Suite 600, Phoenix, Arizona 85012
1. Contract No: C-86-20- 2. Contract Type: Fee-For Service
3. Contract Amount: No Cost 4. Purpose: Certificate Processing
5. Start Date: January 1, 2019 6. Expiration Date: December 31, 2023
This Contract is entered into by and between LexisNexis VitalChek Network Inc., a Tennessee
Corporation, Subsidiary of LexisNexis, referred to hereinafter as VitalChek or the Contractor, and
Maricopa County, by and through the Department of Public Health, referred to hereinafter as the County. Both
parties, for and in consideration of the covenants and conditions set forth herein, shall provide and perform the
services as set forth below. All rights and obligations of the parties shall be governed by the terms of this
document, its Exhibits, Attachments and Appendices, including any Subcontracts or Amendments as set forth
herein and in:
Section I General Provisions Section III Work Statement
Section II Special Provisions Section IV Compensation
This Contract contains all the terms and conditions agreed to by the parties. No other understanding,
oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any
of the parties hereto. Nothing in this Contract shall be construed as consent to any suit or waiver of
any defense in suit brought against the State of Arizona, Maricopa County, or Contractor, in any State
or Federal Court.
Legal notice under this Contract shall be given by personal delivery or by registered or certified mail, postage
prepaid and return receipt requested, to the addresses set forth below. If the legal notice is personally
delivered, it is deemed given and effective upon receipt by the Party to whom it is addressed. If the legal notice
is mailed, it is deemed given and effective three (3) days after it is mailed by registered or certified mail.
Notice to Contractor: Kelly Dyer Phone: 615-603-1515
Address: 6 Cadillac Drive Suite 400, Brentwood, TN 37027
Notice to Department: Michele Castaneda-Martinez Phone: 602-506-6345
Address: 3221 N. 16th Street, Suite 100, Phoenix, AZ 85016
IN WITNESS WHEREOF, the parties enter into this Contract:
LEXISNE RK, INC. FOR AND ON BEHALF OF
MARICOPA COUNTY
BY:
Bill Gates, Chairman, Board of Supervisors
ATTEST
Date Office of the Clerk of the Board
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APPROVED AS TO FORM: APPROVED AS TO FORM:
Jy BuydnCl af 145:00 PM, 6111/201:
Attorney for Maricopa County
Date Date

CONTRACT PROVISIONS
1 EFFECT
To the extent that the Work Statement is in conflict with the General or Special
Provisions, the Work Statement shall control.
2. DEFINITIONS
As used throughout these GENERAL PROVISIONS, the following terms shall have the
meanings set forth:
A. Contract means this document and all attachments and amendments hereto.
B. Contractor means the person, firm or organization listed on the Cover Page of
this Contract.
C. County means Maricopa County, Arizona.
D. Department means the Maricopa County Department of Public Health
(MCDPH).
E. Director means the Director of the Department.
F. Funding Source means any Federal, State, or Private Agency funding source
which may impose conditions on the funding that will be passed on to the
Contractor.
3. GENERAL REQUIREMENTS
A. The terms of this Contract shall be construed in accordance with Arizona law.
Any lawsuit arising out of this Contract shall be brought in the appropriate court in
Maricopa County, Arizona.
B. The Contractor shall, without limitation, obtain and maintain all licenses, permits,
and authority necessary to do business, render services, and perform work under
this Contract, and shall comply with all laws regarding Unemployment Insurance,
Disability Insurance, and Worker's Compensation.
The Contractor is an independent contractor in the performance of work and the
provision of services under this Contract and is not to be considered an officer,
employee, or agent of Maricopa County.
4. AMENDMENTS
All amendments to this Contract must be in writing and signed by both parties.
5. ADEQUACY OF RECORDS
The Contractor's books, records and other documents relevant to this Contract shall be
sufficient to support and document that allowable services were provided to eligible
clients. Should Maricopa County reasonably determine that the preceding obligation is
not fully met by Contractor, then Maricopa County shall have the right to terminate this
Agreement after providing written notice to Contractor to such effect and with an
opportunity to correct any deficiencies.
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CONTRACT PROVISIONS
6. RETENTION OF RECORDS
A. This provision applies to all financial and programmatic records, supporting
documents, statistical records and other records of the Contractor, which are
reasonably considered as pertinent to this Contract.
B. The Contractor agrees to retain all financial books, records, and other documents
relevant to this Contract for six (6) years after final payment or until after the
resolution of any audit questions which could be more than five (5) years,
whichever is longer. The County or Federal or State auditors and any other
persons duly authorized by County shall have full access to, and the right to
examine, copy, and make use of any and all said materials.
7. ASSIGNMENT / SUBCONTRACTING
No rights, liability, obligations or duties under this Contract may be assigned, delegated
or subcontracted without the prior written approval of County.
8. AUDIT DISALLOWANCES AND CONTRACT COMPLIANCE MONITORING
A. The Contractor shall, upon written demand therefore, reimburse the County for
any payments made under this Contract that are disallowed by a Federal, State,
or Maricopa County audit in the amount of the disallowance. As well as all
expenses, court costs, and attorney fees the County incurs in connection with
any legal action relating to such disallowance.
B. If, at any time, the County determines that a cost for which payment has been
made is a disallowed cost, the County shall notify the Contractor in writing of the
disallowance and the required course of action. Which may be, at the option of
the County, either to adjust any future claim submitted by the Contractor by the
amount of the disallowance. Or to require repayment of the disallowed amount by
the Contractor.
C. County shall monitor the Contractor's compliance with, and performance under,
the terms and conditions of this Contract. On-site visits for Contract compliance
monitoring may be made by County and/or its grantor agencies at a mutually
agreed time during Contractor's normal business hours. The Contractor shall
make available for inspection and/or copying by County, all records and accounts
relating to the work performed or the services provided under this Contract. Or
for similar work and/or service provided under this Contract (except Contractor's
proprietary, confidential or privileged information). Client account information will
be kept confidential by the County.
9. AVAILABILITY OF FUNDS
A. The provisions of this Contract relating to payment for services shall become
effective when funds assigned for the purpose of compensating the Contractor,
as herein provided, are actually available to the County for disbursement. The
County shall be the sole judge and authority in determining the availability of
funds under this Contract and the County shall keep the Contractor fully informed
as to the availability of funds.
B. If any action is taken by any State Agency, Federal Department, or any other
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CONTRACT PROVISIONS
agency or instrumentality to suspend, decrease, or terminate its fiscal obligations
under or in connection with this Contract, the County may amend, suspend,
decrease, or terminate its obligations under or in connection with this Contract.
In the event of termination, the County shall be liable for payment only for
services rendered prior to the effective date of the termination, provided such
services are performed in accordance with the provisions of this Contract. The
County shall give at least ten (10) days prior written notice of the effective date of
any suspension, amendment, or termination under this section.
10. CONTINGENCY RELATING TO OTHER CONTRACTS AND GRANTS
The Contractor shall, during the term of this Contract, immediately inform County
in writing of the award of any other contract or grant where Contractor knows the
award of such contract or grant may affect either the direct or indirect costs being
paid/reimbursed by County under this Contract. Failure by the Contractor to
notify County of such award shall be considered a material breach of the
Contract and County shall have the right to terminate this Contract without
liability.
B. County may request, and the Contractor shall provide within a reasonable time, a
copy of any other contract or grant, when in the opinion of the Director, the award
of the other contract or grant may affect the costs being paid or reimbursed under
this Contract.
If County determines that the award to the Contractor of such other Federal or
State contract or grant has affected the costs being paid or reimbursed under this
Contract, County shall prepare a Contract Amendment effecting a cost
adjustment. If the Contractor protests the proposed cost adjustment, the protest
shall be construed as a dispute within the meaning of the "Disputes" clause
contained herein.
11. DEFAULT
County may suspend, modify or terminate this Contract immediately upon written notice
to the Contractor in the event of a non-performance of stated objectives or other material
breach of contractual obligations.
12. TERMINATION
A. County or the Contractor may terminate this Contract at any time with at least
sixty (60) days prior written notice to the other party. Such notice shall be given
by personal delivery or by Registered or Certified Mail, return receipt requested.
B. This Contract may be terminated by mutual written agreement of the parties
specifying the termination date therein.
C. If not terminated by one of the above methods, this Contract shall terminate upon
the expiration date of this Contract as stated on the Cover Page.
Notwithstanding any other provision herein, this Contract may be terminated
without liability if the Maricopa County Board of Supervisors does not appropriate
sufficient monies for the purpose of maintaining this Contract.
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CONTRACT PROVISIONS
13. TERMINATION FOR CONVENIENCE AND TERMINATION FOR BREACH
A. The County or the Contractor may terminate this Contract at any time with at
least thirty (30) days prior written notice to the other Party.
B. This Contract may be terminated by mutual written agreement of the Parties
specifying the termination date therein.
C. If either Party defaults under this Contract, and the default continues for more
than ten (10) days after the effective date of the other Party's written notice
stating the specific nature of the default, then the noticing Party may treat the
default as a breach of this Contract. Upon a breach, the aggrieved Party may
exercise any remedy available under the law, including the termination of this
Contract.
14. SEVERABILITY
Any provision of this Contract which is determined by a court of competent jurisdiction to
be invalid, void or illegal shall not affect, impair or invalidate any other provision hereof,
and the remaining provisions shall remain in full force and effect.
15. STRICT COMPLIANCE
Acceptance by a party of performance not in strict compliance with the terms of this
Contract shall not be construed as a waiver of the requirement of strict compliance for all
future performance obligations. All changes in performance obligations under this
Contract shall be in writing.
16. NON-LIABILITY
The County and its officers and employees shall not be liable for any act or omission by
the Contractor or any subcontractor, employee, officer, agent, or representative of the
Contractor or subcontractors. That occurs during the performance of this Contract, nor
shall they be liable for any purchases, debts, or agreements made by the Contractor in
anticipation of funding hereunder.
17. INDEMNIFICATION
To the fullest extent permitted by law, and to the extent that claims, damages, losses or
expenses are not covered and paid by insurance purchased by the Contractor. The
Contractor shall defend indemnify and hold harmless the County (as Owner), its agents,
representatives, agents, officers, directors, officials, and employees. From and against
all claims, damages, losses, and expenses (including, but not limited to attorneys' fees,
court costs, expert witness fees, and the costs and attorneys' fees for appellate
proceedings). Arising out of, or alleged to have resulted from the negligent acts, errors,
omissions, or mistakes relating to the performance of this Contract.
Contractor's duty to defend, indemnify, and hold harmless the County, its agents,
representatives, agents, officers, directors, officials, and employees. Shall arise in
connection with any claim, damage, loss, or expense that is attributable to bodily injury,
sickness, disease, death or injury to, impairment of, or destruction of tangible property.
Including loss of use resulting there from, caused by negligent acts, errors, omissions, or
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CONTRACT PROVISIONS
mistakes in the performance of this Contract. But only to the extent caused by the
negligent acts or omissions of the Contractor, a subcontractor, any one directly or
indirectly employed by them, or anyone for whose acts they may be liable, regardless of
whether or not such claim, damage, loss, or expense is caused in part by a party
indemnified hereunder.
The amount and type of insurance coverage requirements set forth herein will in no way
be construed as limiting the scope of the indemnity in this paragraph.
The scope of this indemnification does not extend to the sole negligence of County.
18. COVENANT AGAINST CONTINGENT FEES
The Contractor warrants that no person or selling agency has been employed or
retained to solicit or secure this Contract upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee. For breach or violation of this
warranty County may terminate this Contract without liability.
19. SAFEGUARDING OF CLIENT INFORMATION
The use or disclosure by any party of any information concerning an eligible person
served under this Contract is directly limited to the performance of this Contract.
20. RIGHTS IN DATA
The Parties shall have the use of data and reports resulting from this Contract without
cost or other restriction except as may otherwise be provided herein or by law or
applicable regulation. Each Party shall supply to the other Party, upon request, any
available information known to supplying party (except proprietary, confidential or
privileged information) that is relevant to this Contract and to the performance
hereunder. It is agreed that under this Contract, Contractor does not transfer, and
County does not obtain, any patent rights, copyright interest or other right, claim or
interest. In the computer programs, systems, forms, formats, schedules, manuals or
other proprietary items utilized by the services or provided by Contractor.
21. NON-DISCRIMINATION
Contractor agrees to comply with all provisions and requirements of Arizona Executive
Order 2009-09 including flow down of all provisions and requirements to any
subcontractors. Executive Order 2009-09 supersedes Executive order 99-4 and amends
Executive order 75-5 and may be viewed and downloaded at the Arizona State Library
Research website hftp://azmemomazlibrary.qovicdmisingleitem/collection/execorders/id/680/rec/1
which is hereby incorporated into this contract as if set forth in full herein. During the
performance of this Contract, Contractor shall not discriminate against any employee,
client or any other individual in any way because of that person's age, race, creed, color,
religion, sex, disability or national origin.
22. EQUAL EMPLOYMENT OPPORTUNITY
The Contractor shall not discriminate against any employee or applicant for employment
because of race, creed, age, disability, color, religion, sex, or national origin. The
Contractor shall take affirmative action to ensure that applicants are employed and that
employees are treated during employment without regard to their race, creed, age,
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CONTRACT PROVISIONS
disability, color, religion, sex, or national origin. Such action shall include, but is not
limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, lay-off or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The Contractor shall,
to the extent such provisions apply, comply with Titles VI and VII of the Federal Civil
Rights Act; the Federal Rehabilitation Act; the Age Discrimination in Employment Act;
the Immigration Reform and Control Act of 1986 (IRCA); and Arizona Executive Order
2009-09, which mandates that all persons shall have equal access to employment
opportunities. The Contractor shall also comply with all applicable provisions of the
Americans with Disabilities Act of 1990.
23. RIGHT OF PARTIAL CANCELLATION
If more than one activity is funded by this Contract, Maricopa County reserves the right
to terminate this Contract or any part thereof in accordance with Section 12 based upon
the Contractor's failure to perform any part of this Contract without impairing, invalidating
or canceling the remaining Work Statement obligations.
24. RIGHT TO EXTEND CONTRACT
Subject to the availability of funds and acceptable Contractor performance, based upon
mutual agreement the Contractor hereby acknowledges and agrees that the County
shall have the right to extend this contract for additional periods, not to exceed a total
term of five (5) years, except that the cost will be subject to renegotiation. Any extension
of contract period must be mutually acceptable to the Department and the Contractor
and signed by both parties in writing. (Not applicable as this contract is written for a five
(5) year term.)
25. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The undersigned (authorized official signing for the Contractor) certifies to the
best of his or her knowledge and belief, that the Contractor, defined as the
primary participant in accordance with 45 CFR Part 76, and its principals:
1) are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from covered transactions by
any Federal Department or agency;
2) have not within 3-year period preceding this Contract:
a. been convicted of fraud or any criminal offense in connection with
obtaining, attempting to obtain, or as the result of performing a
government entity (Federal, State or local) transaction or contract; and
b. been convicted of violation of any Federal or State antitrust statues or
conviction for embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen
property regarding a government entity transaction or contract;
c. are not presently indicted or criminally charged by a government
entity (Federal, State or local) with commission of any criminal
offenses in connection with obtaining, attempting to obtain, or as the
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CONTRACT PROVISIONS
result of performing a government entity public (Federal, State or
local) transaction or contract; and are not presently facing any civil
charges from any governmental entity regarding obtaining, attempting
to obtain, or from performing any governmental entity contract or other
transaction; and have not within a three (3) year period preceding this
Contract had any public transaction (Federal, State or local)
terminated for cause or default.
B. The Contractor agrees to include, without modification, this clause in all lower tier
covered transactions (i.e. transactions with subcontractors) and in all solicitations
for lower tier covered transactions related to this Contract.
26. VERIFICATION REGARDING COMPLIANCE WITH A.R.S. §41-4401 AND FEDERAL
IMMIGRATION LAWS AND REGULATIONS:
A. By entering into the Contract, the Contractor warrants compliance with the
Immigration and Nationality Act (INA using e-verify) and all other Federal
immigration laws and regulations related to the immigration status of its employees
and A.R.S. §23-214(A). The Contractor shall obtain statements from its
subcontractors certifying compliance and shall furnish the statements to the
Procurement Officer upon request. These warranties shall remain in effect through
the term of the Contract. The Contractor and its subcontractors shall also maintain
Employment Eligibility Verification forms (1-9) as required by the Immigration
Reform and Control Act of 1986, as amended from time to time, for all employees
performing work under the Contract and verify employee compliance using the E-
verify system and shall keep a record of the verification for the duration of the
employee's employment or at least three years, whichever is longer. 1-9 forms are
available for download at USCIS.GOV .
B. The County retains the legal right to inspect Contractor and subcontractor
employee documents performing work under this Contract to verify compliance
with paragraph 1.32.1 of this Section. Contractor and subcontractor shall be given
reasonable notice of the County's intent to inspect and shall make the documents
available at the time and date specified. Should the County suspect or find that the
Contractor or any of its subcontractors are not in compliance, the County will
consider this a material breach of the Contract and may pursue any and all
remedies allowed by law, including, but not limited to: suspension of work,
termination of the Contract for default, and suspension and/or debarment of the
Contractor. All costs necessary to verify compliance are the responsibility of the
contractor.
27. MEDIATION/ARBITRATION
In the event that any dispute arises out of this Contract or involves a recipient of services
under the terms of this Contract, the Parties shall meet and confer in an effort to resolve
the dispute. In the event that such efforts to resolve the dispute are unsuccessful, the
Parties shall resolve the dispute by arbitration pursuant to A.R.S. § 12-1518(A).
28. INSURANCE
A. The Contractor shall have in effect at all times during the term of this Contract
insurance or comparable self-insurance that is adequate to protect the County,
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its officers, employees, property, and equipment against the losses set forth
below. The Contractor shall provide the County with a certificate of insurance or
a certified copy of the insurance policy naming the County as an additional
insured, or, if the Contractor is self-insured, shall provide the County with a letter
indicating that it is self-insured.
The following types and amounts of insurance are required as minimums:
1.) Workers' Compensation and Unemployment Insurance as required by
law.
2.) Unemployment Insurance as required by Arizona Law.
3.) Public liability, bodily injury, and property damage policies that insure
against claims for liability for the Contractor's negligence or maintenance
of unsafe vehicles, facilities, or equipment brought by clients receiving
services pursuant to this Agreement and by lawful visitors of such clients.
The limits of the policies shall not be less than $2,000,000 per occurrence
and $4,000,000 aggregate.
C. Automobile and Truck Liability, Bodily Injury and Property Damages:
1.) General Liability, each occurrence; $1,000,000.00
2.) Property Damage; $1,000,000.00
3.) Combined single limit; $1,000,000.00
D. Standard minimum deductible amounts are allowable. Any losses applied against
insurance deductible are the sole responsibility of the Contractor.
E. Professional Liability:
1.) Insurance for the Contractor and its Agents, Employees, and other
Contractor Staff shall be maintained with coverage limits of one million
dollars ($1,000,000) per person, three million dollars ($3,000,000) per
occurrence.
2.) The Contractor agrees that in the event it, or any of its Agents,
Employees, or other Contractor Staff working under this Contract, is
named as a defendant in litigationi or is identified in a written notice of
claim wherein professional misconduct is alleged, the Contractor shall
promptly notify the Director in writing. The duty to notify under this
paragraph applies whether or not the County is claimed to be involved, is
named as a party to the matter, or could be potentially liable as a party.
F. The Contractor shall immediately inform the Director in writing of any cancellation
of its insurance or any decrease in its lines of coverage at least thirty (30) days
before such action takes place.
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29. STATUTORY RIGHT OF CANCELLATION FOR CONFLICT OF INTEREST
Notice is given that pursuant to A.R.S. § 38-511, County may cancel this Agreement
without penalty or further obligation within three years after execution of the Agreement,
if any person significantly involved in initiating, negotiating, securing, drafting or creating
the Agreement on behalf of County is at any time while the Agreement or any extension
of the Agreement is in effect, an employee or agent of any other party to the Agreement
in any capacity or consultant to any other party of the Agreement with respect to the
subject matter of the Agreement. Additionally, pursuant to A.R.S. § 38-511, County may
recoup any fee or commission paid or due any person significantly involved in initiating,
negotiating, securing, drafting or creating the Agreement on behalf of County from any
other party to the Agreement arising as the result of the Agreement.
30. POLICY ON CONFIDENTIALITY
The Contractor and the County understand and agree that this Contract is subject to all
State and federal laws protecting client confidentiality of any and all information.
31. SERVICE GOALS
A. VitalChek shall, at its expense, install at mutually agreed upon facilities of the
Department all mutually agreed upon hardware and software required to perform
the Service.
B. VitalChek will provide enhanced processing services to the County as an In-
House Provider to be used during the remote ordering process for certified
copies of vital records from the Maricopa County Department of Public Health.
VitalChek has two secure automated call centers processing these requests
(Brentwood, TX and El Paso, TX). Applicants can place online orders for birth
and death certificates and pay using a credit/debit card.
C. VitalChek will make payment to the Department in an amount equal to
Department's charges for all properly authorized requests which are processed
through the Service. Such payments shall be made in a manner acceptable to
both the Department and VitalChek.
D. All orders for VitalChek services at the Department will be data entered and
authorized by VitalChek personnel who have been screened with extensive
background checks.
VitalChek will charge the consumer/applicant a convenience fee for the use of
the service, and will accept payment of such convenience fee through the use of
a valid Master Card, Discover Card, Visa, or American Express credit card, as
well as most major debit cards. Applicants can view online order status, find
agency specific order information and search the FAQ (frequently asked
questions) database.
F. The Department will place a message on their telephone greeting that persons
interested in ordering a record over the telephone should call VitalChek at a toll-
free number (to be determined), or that records may be ordered by facsimile, toll
free, or by accessing VitalChek's internet home page at www.vitalchek.com .
Telephone orders will be answered either by a live operator during peak hours or
during non-business hours, by the IVR.
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At least once every business day, VitalChek will electronically transmit all orders
(including entitlement documents) that have been data entered and authorized to
the VitalChek system located at the Department. This will enable the
Department staff to upload the transaction data, print combination search
slips/mailing labels and to fulfill the orders. The Department staff will also close
out the uploaded batch, print a closing report and payment check and notify
VitalChek of any orders that require a credit to the customer because of any
mistake or because of the inability to fulfill the order.
H. Any search information received by VitalChek will be held in the strictest of
confidence and will not be divulged to any other person, firm or corporation
without the Department's express written consent, except in compliance with law
enforcement or federal, state, or local laws, rules or regulations. VitalChek will
consult with the Department on a regular basis, but no less than quarterly, as to
the impact these new procedures have had in improving both the total numbers
and the turnaround time of orders processed. Where VitalChek deems
appropriate, VitalChek will make procedural, hardware and/or software changes
to further enhance the efficiency of order processing. Accordingly, VitalChek
offers the following processing options, implementation timeframe and pricing as
set forth in Section 30.
32. PROCESSING OPTIONS AND CONFIGURATION
VitalChek utilizes a three-phase process to perform remote ordering as follows:
A. INTERNET: www.vitalchek.com
24 / 7 ordering capability using secure 128-bit SSL encrypted transmissions;
orders are keyed by customers and seamlessly downloaded daily as scheduled.
B. FACSIMILE: FAX-ON-DEMAND
24 / 7 ordering capability for customers who wish to make use of the Interactive
Voice Response system that faxes the order form to a customer who then
completes the form and faxes it to a VitalChek representative (or agency
representative) who then keys the order into a VitalChek workstation for
processing during normal business hours and after receiving entitlement
documentation with order form.
C. TELEPHONE: In-House Provider w/ toll free IVR
24 / 7 VitalChek In-House Provider; customers call a toll free order number,
speak with a "live" operator during normal business hours or leave order info on
the Department's IVR (during non-business hours) to be transcribed by us and
downloaded to you "ready for processing". VitalChek matches entitlement
documents and FedEx a hard copy of entitlement data to the Department on a
daily basis, until such time that VitalChek has completed the development of a
more automated method of delivery.
The County acknowledges and agrees that from time to time access to some of the
services may be unavailable or inoperable for various reasons, including but not limited
to periodic maintenance procedures or repairs which VitalChek may undertake from time
to time, equipment malfunctions, or other causes beyond the control of VitalChek or
which are not reasonably foreseeable by VitalChek, including but not limited to
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interruption or failure of telecommunication or digital transmission links, network
congestion, or other failures.
33. ORDER CLOSEOUT
The order closeout process will be configured to run automatically at the close of each
business day. During the close process, the following will occur:
A. ACH Payment — VitalChek will generate an ACH payment to the Department for
the amount of the certificate fees.
B. Email Notification — An ACH notification email will be generated. Up to 10
Department recipients can be included in the distribution.
C. Reconciliation Reports — the daily reconciliation reports, which provide a
breakdown of the orders and the amount due to the Department for certificate
fees.
34. COMPENSATION
VitalChek will provide these services to the Department free of charge. Consumer
pricing is subject to change in future years based on transaction volume, data costs and
other market factors, however for the term of this contract the VitalChek fee (as stated
below) will remain unchanged. At the time of execution of this Contract, Consumers will
pay the following fees per order:
Agency Certificate and Official Record fees (if applicable)
VitalChek fee -$10.00
UPS Rate - $18.50* (When Requested)
*Above rate is for priority next business morning delivery within the continental
United States. Saturday and International delivery rates vary and all UPS
charges are subject to change. For security purposes, VitalChek shall require
couriers to obtain signatures at time of delivery. The VitalChek fee includes
Internet, toll-free phone and fax ordering.
35. NOTICE
Any notice given under this Agreement shall be sent to the attention of the
following:
Contractor Public Health
LexisNexis - VitalChek Grants Supervisor
Attn: Kelly Dyer Grant/Contract Unit
Six Cadillac Drive, Suite 400 4041 N. Central Ave., Suite 1400
Brentwood, TN 37027 Phoenix, Arizona 85012
615-603-1515 (602) 506-1829
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