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HomeMy WebLinkAboutProfessional Services Agreement - MHIN - Environmental Health Data related to Child Lead Poisoning in City of SB1316 COUNTY -CITY BUILDING 227 W. JErFERSON BOULEVARD Soun I BLND, INDIANA 46601-1830 CITY OF SOUTH BEND PETE BurrIGIEG, MAYOR BOARD OF PUBLIC WORKS October 9, 2018 Tony Cochrane Michiana Health Information Network 220 W. Colfax Avenue, #200 South Bend, IN 46601 RE: Professional Services Agreement Dear Mr. Cochrane: PHONE 574/235-9251 FAX 574/ 2359171 The Board of Public Works, at its meeting held on October 9, 2018, approved the above referenced agreement regarding data analysis of property records, electronic medical records, and environmental health data related to child lead poisoning in the City of South Bend in the amount of $16,950 for three (3) years. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251, Sincerely, oL-�u/uhL- Linda M. Martin, Clerk Enclosure GARY A. Gii,o'r SUZANNA M. FRITZBERo ELIZABE'ri-i A, MARADIK JAMEs A. MUELLER THERESE J. DO AU SERVICES AGREEMENT This Agreement For Services (this "Agreement") is entered into on —, 2018 (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Pubic Works (the "City"), and the Michiana Health Information Network with its Principal place of business located at 220 W. Colfax Ave., # 200, South Bend, Indiana 466O1(the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Proposal"), which Proposal is incorporated herein. In the event of any conflict between the terms of this Agreement and the terms of the Proposal, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Compensation. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider the Program Fee stated in the Proposal (the "Contract Amount") in accordance with the project budget stated in the Proposal. The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term; Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date referenced above and expire three years (3) from the effective date. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18-4, payments are subject to annual appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 5. Point of Contact. The City employee identified in Section 9 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. Indemnification of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 9. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: MHIN 220 W. Colfax Ave., Ste. 200 South Bend, IN 46601 Attn: , City: City of South Bend 227 W. Jefferson Blvd., Ste 1400 South Bend, IN 46601 Attn: , 10. Equal Opportunity; Non -Discrimination; Cam fiance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 2 1.1. Drug -Free Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 12. Entire A reement, Amendment-, Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider, and ' the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana, and any dispute arising out of this Agreement or otherwise concerning the Provider's rendering of the Services will be resolved in the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different method of dispute resolution. 13. Severability. All provisions of this Agreement shall be considered as separate terms and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a material provision of this Agreement, in which case the Provider and the City agree to amend this Agreement with replacement provisions containing mutually acceptable terms and conditions, 14. Force Majeure. The Provider shall not be responsible for any failure or delay in the performance of any obligation hereunder, if such failure or delay is due to a cause beyond the Provider's reasonable control, including, but not limited to acts of God, flood, fire, volcano, war, third -party suppliers, labor disputes or governmental acts. [Signature page follows.] IN WITNESS WHEREOF, the Patties hereto have caused this Agreement for Professional Services to be effective as of the Effective Date stated above. MICHIANA HEALTH INFORMATION NET WORk Signature Printed Name and Street Address Box Cit)v State 7tp CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC W S Gary A. Gilot, President James Mueller, Member 'a gt�ih b rg, M ember Elizabeth A. Maradik, Member Therese J. Dorau, Member 7'elehone Fax ATTEST: inda. M. Martin, Clerk 0 EXHIBIT A Proposal [See attached,] Lead Screening Identification and Alerting Project MHIN's Clinical Data Repository and Analytics Prepared For City of South Bend, Board of Public Works Prepared On July 10, 2018 AGREEMENT ID# CSBBPW08282018 Tony Cochrane MHIN, Director of Business Development Prepared By cochranetomhin.corn 574-968-4347 PROJECT PROPOSAL AND STATEMENT OF WORK This Use Agreement ("this Agreement") is entered into as of August 28, 2018, by and between MHIN Inc. ("MHIN") and the City of South Bend acting by and through its Board of Public Works (collectively, "the Participant"). MHIN and Participant are each referred to individually herein as a "Party" or collectively as the "Parties.," NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, MHIN and Participant agree as follows: AGREEMENT AND EFFECTIVE DATE As of the Effective Date, the Parties hereby agree that (i) Participant will have the rights and obligations relating to the use of the Health Information Exchange ("HIE") data set forth in the Agreement; and (ii) MHIN will make the HIE data available and fulfill the other obligations of the Agreement subject to scheduled and unscheduled downtime as set forth in this Agreement, The Agreement is effective as of the date on which it is executed by both Parties, as set forth in the signature lines on Page 4 of this document ("Effective Date"). SCOPE OF MHIN SERVICES The Parties have agreed to a three -step approach to this project, as well as an Annual Data Refresh and Report Reproduction. Step 1: a) Lead Location Report #1: MHIN will report on the parcels and/or buildings for which MHIN has addresses where elevated lead levels have been detected via lab testing in children. b) Alert To Providers #1: Supply a manual report to area healthcare providers listing the names of other children who have lived at one of the identified addresses, and for whom the provider has been identified as a treating physician, Providers will be alerted and encouraged to screen those identified children for lead. Step 2: a) Lead Location Report #2: MHIN will report on the parcels and/or building for which MHIN has addresses where elevated lead levels have been detected b) Alert to Providers #2: Supply a manual report to area healthcare providers listing the names of other adults who have lived at one of the identified addresses, and for whom the provider has been identified as a treating physician. Providers will be encouraged to screen those identified for lead. Step 3: a) Lead Location Report #3: Review MH1N's clinical data repository using geocoding to identify patients living in houses built before 1978. b) Alert To Providers #3: Supply a manual report to area healthcare providers listing the names of his/her identified patients and encourage to screen those patients for lead c) Report To County Code Enforcement— Lead Inspection: Summarize findings and supply report CSBBPWO8282018 INVESTMENT SUMMARY QTY Nnitiai IrsvesIt t AnnuaN .fee Hours Descri ton . Uitt Price; Tntai Unii ric 'i•otal 10 Project Management $ 190.00 $ 1,900.00 18 Location Analysis and Report #1 $ 225.00 $ 4,050.00 SQL Coding Data Analysis and Validation Provider/Patient Attribution Report Design and Format 18 Location Analysis and Report #2 * $ 225.00 $ 4,050.00 Sot Coding Data Analysis and Validation Provider/Patten t Attribution Report Design and Format 18 Location Analysis and Report #3 * $ 225.00 $ 4,050.00 SQL Coding Data Analysis and Validation Provider/Patient Attribution Report Design and Format 1 Annual Data Refresh and Report Reproduction $ 1,500.00 $ 1,500.00 Subtotal is 1050,0.U..; Discounts 64 Preferred Customer Hourly Discount $ (25,00) $ (1,600.00) Total Discounts TOT . INVESTM611IT aiad ANNUAI.1=1lIt $ 12,4SU.QQ' $ 1,"aOA Op * Data Format: MS Excel Report *Report Frequency: Initial, then Annual Refresh BILLING On the Effective Date, MIN shall invoice Participant for the Initial Investment. Upon each Annual Refresh, MHIN will submit an invoice for the Annual Fee on the annual anniversary of the Effective Date. Each invoice is due within 30 days of the date of the invoice. TERM Either Party may cancel this Agreement anytime following the first Annual Data Refresh and Report Reproduction. [ Signature Lines on next page ] CSBBPW08282018 Agreed to: CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot James A. Mueller Elizabeth A. Maradik David P. Relos Therese J. Dorau ATTEST: Linda Martin, Clerk IVIHIN, Inc. By: Kelly Hahaj CSBBPWO8282018 Date Date Name BPW Date BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM 1012118 Suzanna Fritzbera 1019118 Department Mayor's Office Phone Extension 5818 L Agreement L Contract U Proposal L Addendum ® Professional Services ❑ Amendment ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Chg Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease./Encroach. ❑ Traffic Control ❑ Resolution M Other: n Claim Company or Vendor Name Michiana Health Information Network (MHIN) New Vendor ❑ Yes ❑ If Yes, Approved by Purchasing ® No MBEIWBE Contractor ❑ MBE Completed E-Verify F�orm.Attached El Yes ❑ WBE ❑ No Project Name Lead Screening Identification and Alerting Project Project Number 18JO14 Funding Source Account No. Amount Terms of Contract Purpose/Description EDIT 408-1001-460-39.30 $16,950 6-vear Professional services contract between COSB and MHIN for data analysis of property records, electronic medical records, and environmental health data related to child lead poisoning in the City of South Bend, and provider alerts regarding the same. Amount of ❑ Increase ❑ Decrease