HomeMy WebLinkAboutR-01-0984J-01-804
9/21/01 RESOLUTION NO. C5
A RESOLUTION 01' THE MIAMI CITY COMMISSION,
WITH ATTACHMENTS, CONSENTING TO 'T'H�
ASSIGNMENT OF A PRO"ESSIONAL SERVICES
CONTRACT BE1_"W FN THE CITY OF M=AMI AND
IN'T'EGRATED REGIONAL LABORA'l.'ORTES TO
UNIVERSAL TOX.T.COLOGY LABORATORTRS TO PROVIDE
DRUG -SCREENING SERVICES UNDER THE SAME TERMS
AND CONDITIONS SET FORTH IN EXHIBIT "A"
ATTACHED HERETO; AU'f.'HORIZING THE CITY
MANAGER TO 'EXECUTE A CONSENT TO ASSIGNMENT
AGREEMENT, TN SUBSTANTTALLY
THE FORM
ATTACHED.
TSF; IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMT,
FLORIDA:
Section 1. The Miami City Commission consents to the
assignment of a professional services contract between
integrated Regional Laboratories to Universal Toxicology
Laboratories to provide drug -screening services under the same
L•er:^,s and conditions set rorrh in Exhibit "A" attached hereto.
Section 2.. The City Manager is authorized-" to execute a
Consent to Assignment Agreement:, in substantially the form
attached.
ii The herein author..izat_ion is further subject to compiiance: with all
requirements Ltlat m.ay he imposed by the City Attorney, including but
nog ..itnitud Lo Lhose prescribed by applicable City CharLor and Code
provisions.
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Section 3. This Reso].ut.i-on shal1 become effective upon
its adoption and signature of the, Maycr.2'
PASSED AND ADOPTED this 25th - day of _September 2001.
.70E CAROLLO, MAYOR
In acrordranco with Mir.mi C,oc'^ Sec. 2 -?6, since ft- klaynr did not in0cato al
this le=gislation by signior is in 111�1 d�ai�mate ci ��htcc i rertrlttt tl, ,.?i !n«` ' .�
bacomes effective with the c!apso cl, (cri (10) &iyefrofn U . t,'L' Cit Co
regarding same, without the tsJayor exorgsirii jgutc� Jn I
cTM"r J ottoman, City Clerk
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPR 9 TO, FORM AND CORRECTNESS:/
JAN DR.O 17:CLARELLO
E'ITY ATTORNEY
W5641 : dig: LN
If the Mayot: does not s -ion t.h.is Resolution, t sha" 1. becorne effective.
at the end of ten calendar days from the date it was passed and
aciopled. If t:Yte Mayor vetoes C}ii.s Resol.ut.i.oti, >t :Shall becJme effective
itrmediately upon override of the; veto by ti=e City Com: ssion.
Page 2 of. 2
• • Exhibit A
PROFESSIONAL. SERVICES AGREEMENT
This Agreement is entered into this _.._ day of , 200_ ( but effective as of
July 30, 2001) by and between the City of Miami, a municipal corporation of the State of Florida
("City") and Integrated Regional Laboratories, a Joint Venture ("Provider").
RECITAL
A. The City has issued a Request for Proposals ("R.FP") for the provision of drug
screening services ("Services") to be utilized by the Department of Human Resources for
performing drug screening profiles for all new hires and designated current employees; for
performing drug screening profiles pursuant to the federal government's Omnibus Transportation
Employee Testing Act of 1991; and for performing drug screening profiles for police and fire
sworn personnel. Provider's proposal ("Proposal"), in response thereto, has been selected as the
most qualified proposal for the provision of the Services. The RFP and the Proposal are
sometimes referred to herein, collectively, as the Solicitation Documents, and are by this
reference incorporated into and made a part of this Agreement.
B. The Commission of the City of Miami, by Resolution No. 01-558, adopted on
June 14, 2001, approved the selection of Provider and authorized the City Manager.to execute a
contract, under the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
TERMS
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made
a part of this Agreement.
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2. TERM: The term of this Agreement shalt be two (2) years effective as of July 30,
2001,
3. OPTION TO EXTEND: The City shall have 2 option(s) to extend the term hereof
for a period of one (1) year each, subject to availability and appropriation of funds, on the same
terms and conditions set forth herein except that compensation during the (3rd) year of the term
may be increased up to 10%. Prices for the 4`' year will remain the same as those approved for
the 3`d year extension. City Commission approval shall not be required as long as the total
extended term does riot exceed two (2) years.
4. SCOPE OF SERVICE:
A. Provider agrees to provide the Services as specifically described, and under the
special terms and conditions set forth in Attachment "A" hereto, which by this reference is
incorporated into and made a part of this Agreement.
K. Provider represents and warrants to the City that: (i) it possesses all
qualifications, licenses and expertise required under the Solicitation Documents for the
performance of the Services; (ii) it is not delinquent in the payment of any sums due the City,
including payment of permit fees, occupational licenses, etc., nor in the performance of any
obligations to the City; (iii) ali personnel assigned to perform the Services are and shall be, at all
times during the term hereof, fully qualified and trained to perform the tasks assigned to each;
and (iv) the Services will be performed in the manner described in Attachment "A".
5. COMPENSATION:
A. The amount of compensation payable by the City to Provider shall be based on the
rates and schedules described in Attachment "13" hereto, which by this reference is incorporated
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into this Agreement; provided, however, that in no event shall the amount of compensation.
exceed $67,000 [per year].
B. Unless otherwise specifically provided in Attachment "B", payment shall be made
within forty five (45) days after receipt of Provider's invoice, which shall be accompanied by
sufficient supporting documentation and contain sufficient detail, to allow a proper audit of
expenditures, should City require one to be performed. If Provider is entitled to reimbursement
of travel expenses (i.e. Attachment "B" includes travel expenses as a specific item of
compensation], then all bills for travel expenses shall be submitted in accordance with Section
112.061, Florida Statutes.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION-
RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit , or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement.
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B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make
available to the City all reasonable facilities and assistance to facilitate the performance of tests
or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as
same may be amended or supplemented, from time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that it
has not employed or retained any person or company employed by the City to solicit or secure
this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
9. PUBLIC RECORDS: Provider understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
1.0. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, record
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keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and
ordinances as they may be amended from time to time.
1I. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property.
12. DEFAULT': If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City,for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13, RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
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amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) it has first received City Manager's written decision, approved by the City
Commission if the amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty
(60) days has expired, after submitting to the City Manager a detailed statement of the dispute,
accompanied by all supporting documentation (90 days if City Manager's decision is subject to
City Commission approval); or (iii) City has waived compliance with the procedure set forth in
this section by written instruments, signed by the City Manager.
14. CITY'S TERMINATION RIGHTS:
A. The City shall have the right to terminate this Agreement, in its sole discretion, at
any time, by giving written notice to Provider at least five (5) business days prior to the effective
date of such termination. In such event, the City shall pay to Provider compensation for services
rendered and expenses incurred prior to the effective date of termination. In no event shall the
City be liable to Provider for any additional compensation, other than that provided herein, or for
any consequential or incidental damages.
D. The City shall have the right to terminate this Agreement, without notice to
Provider, upon the occurrence of an event of default hereunder. In such event, the City shall not
be obligated to pay any amounts to Provider and Provider shall reimburse to the City all amounts
received while Provider was in default under this Agreement.
15. INSURANCE.: Provider shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City. Upon the City's request, Provider shall
submit to the City evidence of compliance with City's insurance requirements.
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16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reasonof his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
17. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT
PROGRAM: The City has established a Minority and Women Business Affairs and
Procurement Program (the "M/WBE Program") designed to increase the volume of City
procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE
Program is found in Ordinance No. 10062, a copy of which has been delivered to, and receipt of
which is hereby acknowledged by, Provider. Provider understands and agrees that the City shall
have the right to terminate and cancel this Agreement, without notice or penalty to the City, and
to eliminate Provider from consideration and participation in future City contracts if Provider, in
the preparation and/or submission of the Proposal, submitted false of misleading information as
to its status as Black, Hispanic and/or Women owned business and/or the quality and/or type of
minority or women owned business participation.
1$. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part, without the prior written consent of the City's, which may be withheld or conditioned, in the
City's sole discretion.
19. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
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receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered; or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER:
Integrated Regional Laboratories
5361 N.W. 33"" Avenue
Ft. Lauderdale, FL 33309
TO THE CITY:
Angela R. Bellamy
Director, Department of Human Resources
P.O. Box 330708
Miami, FL 33233-0708
20. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. 'Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shalt constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provisions paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
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E. This Agreement constitutes the sole and entire agreement between the parties
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hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto. I
21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
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22. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
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employee of the City. Accordingly, Provider shall not attain, nor be entitled to, !any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any 681hts generally
afforded classified or unclassified employees. Provider further understands that Florida
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Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workers' compensation insurance for any employee or age t of Provider
rendering services to the City under this Agreement.
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23, CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, reduction of funds and/or change in!regulations.
24. REAFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the
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representations contained in the Solicitation Documents.
25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
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only agreement of the parties relating to the subject matter hereof and correct!i set forth the
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rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or effect.
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26. COUNTERPARTS: This Agreement may be executed in two or more (counterparts,
each of which shall constitute an original but all of which, when taken together, sf all constitute
one and the same agreement.
27. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an
Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review
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and approve all pending City of Miami contracts. As a result, contracts shall not be binding on
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the City until such time as they have been approved by the Oversight Board. Execution of this
Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board.
IN WITNESS WHEREOF, the parties hereto have caused this instniment to be
executed by their respective officials thereunto duly authorized, this the day and year above
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written. i
ATTEST:
Walter Foeman, City Clerk
ATTEST:
Print Mame:
Witness
+City„
CITY OF MIAMI, a municipal
corporation
By:
Carlos A. Gimenez, City Manager
"Provide I
A Joint Venture
By. ✓ / ��' w f
Print Nam . ZLV. �� f,.. , r��; •✓
Witness
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APPROVED AS TO FORM AND
CORRECTNESS:
Alle Vilarell
t Ci Attorney
Form I (a)-(RFP/Corporate)
is
APPROVED AS TO INSURANCE
REQUIREMENTS:
MARIO SOLDEVILLA
Administrator
Risk Management
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CORPORATE RESOLUTION 1
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WHEREAS, Integrated Regional Laboratories Partnership desires to enter into an
agreement with the city of Miami for the purpose of performing the work described in the
contracts to which this resolution is attached; and
WHEREAS, the Board of Directors at a duly held corporate meeting has c9nsidered the
matter in accordance with the By -Laws of the corporation;
Now,'I'1IEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the
I
�Xft.y�r✓� lY)►-A f.7f!" �• ;.� � i illJit7.; �� - .._.r
(Title of Officer) (Name of Officer)!
is hereby authorized and instructed to enter into a. contract, in the name and on behalf of this
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corporation, with the City of Miami upon the terms contained in the proposed cor
this resolution is attached and to execute the corresponding performance bond.
DATED this 7 f I- day of
/01� AV C /�'.
fitness
Chairperson of the Board
to which
2001.
Directors
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(Corporate Seal)
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City ofMiarnr. Florida Drug Screening Services RFP No 00-01-1/3
2.0. SPECIFICATIONS / SCOPE OF WORK
2.1 Background Information
It is the City's intention to establish, for the Department of Human Resources, a t�rm Contract
for the furnishing of Drug Screening Services for all prospective employees and designated
current employees; sworn Police and Fire personnel; and Department of Transportation (DOT)
alcohol and controlled substances testing of designated employees. This RFP will b� divided into
three (3) Parts:
Part I Services: Employment Drug Screening Services
Part If Services:
Police and Fire Drug Screening Services
Part Ili Services: DOT Alcohol and Controlled Substances Testing
While the City is seeking a Proposer to provide comprehensive drug screening services to meet
all of its needs, Proposer may propose to provide either Part I, Part II, and/or Part III services.
However, Successful Proposer shall be required to provide drug collection and testing services.
2.2 Part I Services
Employment Drug Screening Services / Scope of Work
1. All tests must be performed in accordance with City of Miami Drug Teslting Protocol
(copy attached).
NOTE: Drug Testing protocol is subject to revision.
2. All tests must be performed by an individual who has the qualifications outlined on page
one (1) of the City `s Drug Testing Protocol.
3. Provider's testing facility must be currently certified by the Department of Health and
Human Services (SAMHSA), and the State of Florida. j
4. Provider must be able to conduct the following tests: urinalysis, (imm
blood alcohol level, and EBT.
5. Vehicle parking shall be provided at no cost to the City, employee, or
tested.
6. Provider's collection facility must have a sufficient reception area.
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y) GCMS,
licant being
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City of Mrand, Florida
Drug Screening Servt—
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RFPNo 00.01-113
7. The City may require interviews of Proposers and inspection of facilities and equipment
prior to selection of successful Proposer.
8. Provider must maintain all financial records customarily used in this type of operation in
accordance with accepted accounting practice and standards. The City shall, through the
City auditors, be permitted to examine and audit during ordinary business hours, the
records of City accounts.
9. Provider must be able to perform drug testing Monday - Friday, between the hours of
8:00 a.m. - 5:00 p.m. In the event of an emergency, provider must be able to provide
testing after 5:00 p.m. and/or on the weekend.
10. The City will only pay invoices submitted by the facility for whom a purchase Order has
been issued.
I I. Provider must provide all necessary supplies (e.g., tamper proof pre -sealed empty
containers) needed for collection, testing and storing of specimens. Urine specimens
certified to contain no drugs must be used for all testing.
12. Provider must be able to adhere to stringent turnaround times and specified cut-off levels
of the City's Protocol.
13. Personnel involved in the administration of drug screens as required by the City must
testify on behalf of the City in case of a court hearing, Civil Service hearing, or similar
proceedings, relative to testing procedures. Qualified laboratory personnel must also be
available to meet with City representatives to discuss testimony related to the
aforementioned proceedings.
14. For employment drug screenings verbal results (negative) must be available within 24
hours of test. Written test results shall be delivered to the Department of Human
Resources, 444 S.W. 2"' Avenue within 24-48 hours of completion of test.
15. Testing is primarily for applicants, AFSCME and AFSCME - 79 (Solid Waste)
bargaining union members, unclassified personnel and other employees as may be
required,
16. Provider's collection facility must be located within the corporate limits of the City.
17. Provider's testing facility must be located in Miami -Dade, Broward, Palm Beach, or
Monroe counties.
Note: The City's Drug Screening Protocol should be reviewed carefully to ensure
Provider's ability to comply with specified requirements and for detailed
specifications.
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City of Miami. Florida Drug Screening Services RFP No 00-01-113
2.3 Part II Services
Police and Fire Drug; Screening Services / Scope of Work
1. All tests must be performed in accordance with the City's Drug Testing Protocol (copy
attached).
NOTE: Drug Testing protocol is subject to revision.
2. All tests must be performed by an individual who has the qualifications outlined in the
City's Drug Testing Protocol.
3. Provider's testing facility must be currently certified by the Department of Health and
Human Services (SAMHSA), and the State of Florida.
4. Provider must be able to conduct the following tests: urinalysis (immunoassay) CCMS,
blood alcohol level and EBT.
5. Vehicle parking shall be provided at no cost to the City, employee, or applicant being
tested.
6. Provider's collection facility must be located within the corporate limits of the City.
7. Provider's collection facility must have a sufficient reception area.
8. The City may require interviews of Proposers and inspection of facilities and equipment
prior to award of this proposal
9. Provider must maintain all financial records customarily used in this type of operation in
accordance with accepted accounting practice and standards. The City shall, through the
City auditors, be permitted to examine and audit during ordinary business hours, the
records of City accounts.
10. Drug testing will be required primarily Monday -Friday, between the hours of 7:00 a.m. -
5:00 p.m. and occasionally after 11:00 p.m. However, provider must be able to provide
testing seven days a week, 24 hours a day.
11. On request Provider must be able to collect a specimen at a location other than the
Provider's collection site.
12. The City will only pay invoices submitted by the facility for whom a purchase order has
beenissued.
City of Miami. Florida Drug Screening Services RFF No. 00-0l -113
13. Provider must provide all necessary supplies (e.g., tamper proof pre -sealed empty
containers) needed for collection, testing and storing of specimens. Urine specimens
certified to contain no drugs must be used for all testing.
14. Personnel involved in the administration of drug screens as required by the City must
testify on behalf of the City in case of a court hearing, Civil Service hearing, or similar
proceedings, relative to testing procedures. Qualified laboratory personnel must also be
available to meet with City representatives to discuss testimony related to the
aforementioned proceedings:
15. Provider must be able to adhere to stringent turnaround times and specified cut-off levels
of the City's Protocol
16. Provider's collection facility must be located within the corporate limits of the City.
I8. Provider's testing facility must be located in Miami -Dade, Broward, Palm Beach, or
Monroe counties.
Note: The City's Drug Screening Protocol should be reviewed carefully to ensure
Provider's ability to comply with specified requirements and for detailed
specifications.
2.4 Part 111 Services
DOT Alcohol and Controlled Substances Screening Services / Scope of Work
A. Specifications of Proposals:
1. Laboratory must be certified by SAMHSA. All tests must be performed in accordance
with the Omnibus Transportation Act of 1991 (federal guidelines), as amended.
2. Vehicle parking shall be provided at no cost to the City or employee being tested.
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3. Provider's collection facility shall have a sufficient reception area.
4. The City may require interviews of Proposers and inspection of facilities and equipment
prior to award of this proposal.
5. Provider must maintain all financial records customarily used in this type of operation in
accordance with accepted accounting practice and standards. The City shall, through the
City auditors, be permitted to examine and audit during ordinary business hours, the
records of City accounts.
01— 984
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Cuv of Miami, Florida
Drug Screening Services
•
RFP No 00-01-113
6. Drug testing will be required primarily Monday - Friday between the hours of 5:00 a.m. -
5:00 p.m., however, there will be circumstances when testing must occur after 5:00 p.m,
and/or on the weekend.
7. The City will only pay invoices submitted by the facility for whom a purchase Order has
been issued.
S. Must provide all necessary forms, equipment and supplies (e.g., tamper proof pre -scaled
empty containers) needed for collection and testing pursuant to DOT guidelines.
9. Personnel involved in the administration of drug screens as required by the City of Miami
must testify on behalf of the City in case of a court hearing, Civil Service hearing, or
similar proceedings, relative to testing procedures. Qualified laboratory personnel must
also be available to meet with City representatives to discuss testimony related to the
aforementioned proceedings.
10. Personnel involved in the administration of drug screens as required by the City of Miami
must testify on behalf of the City in case of a court hearing, Civil Service hearing, or
similar proceedings, relative to testing procedures. Qualified laboratory personnel must
also be available to meet with City representatives to discuss testimony related to the
aforementioned proceedings.
11. Provider's collection facility must be located within the corporate limits of the City.
19. Provider's testing facility must be located in Miami -Dade, Broward, Palm Beach, or
Monroe counties.
2.5 Facility
In accordance with these Specifications, Proposer's collection facility must be located within the
corporate limits of the City. For drug screening services, Proposer's facility must be located
within Miami -Dade, Broward, Palm. Beach, or Monroe counties. Should Proposer seek to
provide either Part 1, Part 11, and/or Part III services, Proposer's facility must meet all criteria to
perform those services, The City reserves the right to visit the Proposer's facility as part of the
evaluation process to determine responsiveness to the requirements of the RFP.
2.6 Fees
During the initial two (2) year term of the Contract, the fees proposed by Proposer shall remain
fixed and firm. However, subject to negotiation with the City, the City may authorize a cost of
living increase not to exceed 10% in the 3" contract year. Prices for the 4" year will remain the
same as those approved for the 3rd year extension.
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City of Miami, Florida
Dreg Screening Services
6.9 PRICE PROPOSAL SHEETS (Paige l of 3)
Description
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PART I SERVICES
Employmeut.Drug Screeniolt Services
EST. Unit of
QTY; Measure Price
RFP No. 00.01.113
Extended
Price
1. Urine Drug Screen (I 1 drugs)
500 screen
$ -20• So /screen
S/49 s?.Ja =�
with Chain of Custody
2. Urine Drug Screen (8 drugs)
15 screen
$20- /screen
s-.70 7 J`
with Chain of Custody
3. Blood Alcohol Level Test
15 screen
S 1Y °a /screen
$ Oa%)y�
with Chain of Custody
4. Evidential Breath Testing
15 test
$ If /test
� �o
$ o� '
S. GCMS Confirmation
25 test
$.22-o" /test
S <roe
with Chain of Custody
6. Consultation & Testimony
25 hours
S. S°•/hour
$ 42J-0
Optional
Medical Review Officer
List any additional charges necessary
(if any)
to meet the terms of the contract.
i'
$ �J • I
$
S /
Vii$~ 984
City of Afiami. Florida Drug Screening Services
6.9 PRICE PROPOSAL SHEETS (page 2 of 3)
PART II SERVICES
Police and Fire Drum ScreeaioE Services
RFP No. 00-01.113
with Chain of Custody
EST.
Unit of
Exteoded
Description
__QTY.
Measure
Price Price
1. Urine Drug Screen (9 drugs)
1,700
screen
SD /screen S 3YA0 e•
with Chain of Custody
2. Blood Alcohol Level Test
15 screen
with Chain of Custody
3. Evidential Breath Testing
15 test
4. GCMS Confirmation
50 test
with Chain of Custody
5. Consultation & Testimony
50 hours
Optional
Medical Review Officer
Inst any additional charges necessary (if any)
to meet the terms of the contract.
A,O" --mac.
$ 4S `:! /screen S 22`r .e
S 1 r- /test S �
$ oU /test S �YQO es
$ So /hour $ c2y-
$ A =' /
s Arzr �l
slk�/
S f
➢ — 9814
� 7/
Ory of Miami. Florida Drug Screening Services RFP No. 00-0/-//3
6.10 PRICE PROPOSAL SHEETS (page 3 of 3)
PART III SERVICES
DOT Alcohol and Controlled Substances Testinit
List any additional charges necessary (if any)
to meet the terms of the contract.
S
Sal
�.% „ , , c.:�, iiZ..vd�v�•
$
$_ /
NAME OF PROPOSER: 1, Z'
PHYSICAL LOCATION OF COLLECTION FACILITY:_ e9061'" /
PHYSICAL LOCATION OF SCREENING FACILITY:___ 133 _N. 4u, Y2--Pyye`e_ .G-� 101c.
W. .7.77.'3!
SOCIAL SECURITY OR FEDERAL EMPLOYER I.D. NUMBER: CZ -lCX //; O
SIGNATURE: /./"`,�___^___ TITLE: L gcy k)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM AND ALL OTHER REQUIRED
DOCUMENTS MAY DEEM PROPOSAL NON-RESPONSIVE.
A
ol- 984
s .?
EST.
Unit of
Extended
Description
QTY,
Measure
Price
Price
1. Urine Drug Screen (5 drugs)
300
screen
S c�O'c /screen
$ v_
with Chain of Custody, Medical
Review Officer
2. Evidential Breath Testing
300
test
SX°- /test
S yf00 0-0
3. GCMS Confirmation
25
test
S _V - /test
$_ S'r�J' as
with Chain of Custody
4. Consultation & Testimony
10
hours
S 6-�' /hour
S,_6� "—&
List any additional charges necessary (if any)
to meet the terms of the contract.
S
Sal
�.% „ , , c.:�, iiZ..vd�v�•
$
$_ /
NAME OF PROPOSER: 1, Z'
PHYSICAL LOCATION OF COLLECTION FACILITY:_ e9061'" /
PHYSICAL LOCATION OF SCREENING FACILITY:___ 133 _N. 4u, Y2--Pyye`e_ .G-� 101c.
W. .7.77.'3!
SOCIAL SECURITY OR FEDERAL EMPLOYER I.D. NUMBER: CZ -lCX //; O
SIGNATURE: /./"`,�___^___ TITLE: L gcy k)
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM AND ALL OTHER REQUIRED
DOCUMENTS MAY DEEM PROPOSAL NON-RESPONSIVE.
A
ol- 984
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Nashvik 7N 37202-0SSS
Phone - 61 5/344 -us 1
FAX -611/344-sa[9
au46rlru6,1 • 1-6144 r.uw vuc r-oie
CERTIFICATE OF INSURANCE
V DATE: 1/1/2001
coal: 0786
City of Miami, c/o Proetmeneat Mmtagement Division
folders 444 SW 2nd Ave., 71h Floor
Miami FL 33130
f franca ceveraW as parok%d by the ►edicotadpoloy has been iasued to:
MCH INC AND SUBSIDIARY ORGANIZATIONS
EXISTING NOW OR HFRFAFTER CREAMED OR ACQUIRED
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Comprehensive General Liability —
EX 1.1-2001
HCI -10101
Occumnce Fotm
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TYPE OF INSURANCE
LAM OF LIABILITY
Comprehensive General Liability —
$1,000,000
Each rind Every
Occumnce Fotm
occurrence
• Bodily DIImy
Properly Damage
51.000.000
Agenegate
Product aflld Completed Operations
Petsottat and Advertising injury
Health Care Professional Liability —
$11000.000
Each and Every
Occunince Form
qctuxrence
$1,000,000
Aggregate
SF'L:f.Ir�l.. G(ADiTIONS/OTHER COVERAGES:
THE NAMED iNSURED INCLUDES lNnaRA1ED REGIONAL LABORATORIES COIR 8206
of tiiami 1:, warned addidonnl Insarad as respects the 6encrrl liability portion of this policy as the n:uned inst red's interest appears in contract
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s •-,rittefl rlcttice to the above named cartiflcate holder, but failure to trail such notice shall Impose no obligation or liability of any Wnd upon"anmpany.
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and Members DATE ` SEP 1 2 ...; FILE:
of the City Commission
SUBJECT:
Assignment of Drug
Screening Agreement
FROM:�Zlw REFERENCES:
Pars A. �Gi
City Manager ENCLOSURES:
RECOMMENDATION
It is respectfully recommended that the City Commission adopt the attached resolution
consenting to the assignment of the Professional Services Agreement for drug screening
services by Integrated Regional Laboratories to Universal Toxicology Laboratories.
BACKGROUND
A Professional Services Agreement effective July 30, 2001, was executed between the
City of Miami and Integrated Regional Laboratories for the provision of drug screening
services (Police and Fire; Commercial Driver's License; and New Mv: s and General
Employees) for current and prospective employees. Integrated Regionul Laboratories has
been purchased by Universal Toxicology Laboratories.
Pursuant to City policies and procedures, the various labor agreements and federal law,.
the City is required to perform drug screening services. In an effort to ensure compliance
with the aforementioned regulations and to avoid an interruption of said services,
approval of the request by Integrated Regional Laboratories to assign the Professional
ServicesA cement to Universal Toxicology Laboratories is recommended.
CAG/RJN/ARB/RSJ
J
141111F INEF
CONTRACT REVIEW AND ANALYSIS FORM
ATTACH SUPPORTING DOCUMENTS
DATE: 6/26/01 L
DEPARTMENT/DIVISION: Department of Human Resources
CONTACT PERSON/CONTACT NUMBER: Reale S. Jones 416-2102/Angela R. Bellamv 416-2110
CONTRACTING ENTITY: integrated Regional Laboratories
RESOLUTION NUMBER: 01-558 BID/PROJECT NUMBER: 00-01-113
(IF APPLICABLE) ,
rti
BUDGETARY INFORMATION: Me funds budgeted? ® YES ❑ NO If yes, -�
TOTAL DOLLAR AMOUNT: $67,000 ® EXPENSE. ❑ REVENUE
SOURC13 OF FUNDS! General Fund ACCOUN'r CODE(S)
270101-240 $25.850
280101.240 114,325
240201.240 $24,825
If grant funded, is there a City match requirement? ❑ ITS ❑ NO AMOUNT: N/A
Are matching funds Budgeted? ❑ YES ❑ NO Account Code(s): N/A
t •r
TERMS OF CONTRACT:
Effective Date July 30, 2001
Escalating Clause, if any: Up to 10% increase effective the fust day of the first option period thr ugh the end of the 411,
year.
Contract Period (s): 2 years commencing on July 30, 2001 plus 2 options of 1 year each
Penalties, (if any), for termination: None
Payment terms: Within 45 days after receipt of Provider's invoice
If grant funded, list restrictions/requirements, if applicable: N/A
SUMMARY/DESCRIPTION OF CONTRACT OR AGREEMENT
Is this an extension? ❑ YES ® NO
If YES, actual expenditures in previous contract Year
JUSTIFICATION FOR CONTRACT OR AGREEMENT
(Include why it w needed, consequmc" if not authorized or approved and time constraints, if uly.)
This agreement is required to ensure drug screening services for new hires and current employees as requested; to ensure
drug screening services pursuant to the federal government's Omnibus uanspottation Employee Testing Act of 1991;
and to ensure drug screening services are available pursuant to the Fraternal Order of Police and International
Association of Firefighters labor agreements.
METHOD OF PURCHASE (If applicable)
❑ Telephone quotes ❑ Single Purchase
❑ Written quotes ❑ Short -Term Contract
❑ Negotiated Purchase ❑ Term of Contract
❑ Sole Source (include documentation) ❑ Lease (Type: _.._.
❑ Bid Waiver (include documentation) ❑ Other
® Formal Bid/Proptiml (include bid tabulation/proposal ranking)
PREVIOUS AWARDS OF BIDS (IF APPLICABLE)
From most recent: 1) Integrated Regional Laboratories
2) C b
3) lab
i
APPROVAL: �_.. ` 7 / DATE: 6 %J��
Cath$; Cmtm.es, G Manager .
APPROVAL: �` D l' I �� �4
Financial Oversight Boird
5361 N.W.33(d Avenue
Fort Lauderdale, Florida 33309
954 777-0018
1-800 522.02.32
fox: 954 777-0211
June 28, 2001
Dear Client:
INTEGRATED
REGIONAL
LABORATORIES
Integrated Regional Laboratories ORL) is pleased to announce that as of June 12, 2001,
Universal Toxicology Laboratories (UTL) has purchased our toxicology laboratory. Like
IRL, UTL specializes in forensic and clinical toxicology testing.
The two companies share the same values and commitment to providing excellent
services. UTL has assured IRL that during this transition there will be no interruption in
service to our clients. The new laboratory, UTL, will maintain the same federal and state
licertsures under which IRL toxicology operated.
Enclosed in this mailing is a letter from M. Ronald Backer, 'UTL's president, as well as
some important information from IRL's Accounts Receivable Department.
Both IRL and UTL have worked diligently to help ensure a high level of customer
service and satisfaction in the future.
Since
rely,
,�QG
Richard Thomas
Executive Director
61—
ASSIGNMENT, ASSUMPTION AND CONSENT TO ASSIGNMENT AGREEMENT
This Assignment, Assumption and Consent to Assignment Agreement is made and entered into
this day of 5 by and among Integrated Regional Laboratories, a Joint
Venture ("Assignor"), Universal Toxicology Laboratories, a Limited Liability Corporation ("Assignee"),
and The City, of Miami, a municipal corporation of the State of Florida ("City"), for the assignment and
assumption of Assignor's rights and obligations under a Professional Services Agreement.
RECITALS
A. Effective July 30, 2001, Assignor and the City entered into a Professional Services
Agreement for the provision of drug screening services for existing and prospective City of Miami
employees (the "Agreement").
B. Assignee is a Limited Liability Corporation specializing in forensic and clinical toxicology
testing.
C. Assignee has purchased Integrated Regional Laboratories.
D. Assignor wishes to assign to Assignee, and Assignee wishes to assume, all of the
Assignor's rights and obligations under the Agreement.
E. Section 18 of the Agreements provides that the Agreement may not be assigned without
the prior written consent of the City.
NOW, THEREFORE, in consideration of the covenants and agreements herein set forth and
other good and lawful consideration, the receipt and sufficiency of which is hereby acknowledged, the
parties hereto, intending to be legally bound, agree as follows:
1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated in this
Agreement by reference.
2. REPRESENTATIONS: Assignor and Assignee represent and warrant to the City that: (i)
Assignee is a Limited Liability Corporation existing and in good standing under the laws of the State of
Florida, and specializing in forensic and clinical toxicology testing, (ii) Assignee is fully qualified,
licensed and capable of performing the services described in the Agreement; and (iii) the assignment
provided for herein is intended to accomplish an internal corporate purpose of Assignor and will not alter
the method of delivery of services to the City. Assignor and Assignee acknowledge that the City is
relying on these representations in granting its consent to the assignment, and, in order to induce the City
to give its consent, Assignor and Assignee warrant that the representations set forth herein shall remain
true and correct throughout the term of the Agreement.
3. ASSIGNMENT AND ASSUMPTION. The Assignor hereby assigns to Assignee all of
Assignor's rights and obligations under the Agreements. Assignee hereby accepts the Assignments and
assumes all of the Assignor's rights and obligations under the Agreements to the same extent for all
purposes as if Assignee were originally named as the Provider under the Agreements.
4. CONSENT TO ASSIGNMENT: The City hereby consents to the Assignment.
01-- 984
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth
above.
"ASSIGNOR"
Attest: Integrated Regional Laboratories, a Joint Venture
By:
Print Name:
Attest:
By:
Print Name:
Witness
Witness
By:
Walter Foeman, City Clerk
Approved as to Form and Correctness:
Alejandro Vilarello, City Attorney
By:
Print Name:
Title:
"ASSIGNEE"
Universal Toxicology Laboratories, a Limited
Liability Corporation
By:
Print Name:
Title:
"CITY"
City of Miami, a municipal corporation
By:
Carlos A. Gimenez, City Manager
Approved as to Insurance Requirements:
Mario Soldevilla, Risk Management Administrator
ASSIGNMENT OF
PROFESSIONAL SERVICES AGREEMENT
AWARD SHEET
ITEM: Drug Screening Services
DEPARTMENT: HRD
RECOMMENDATION: It Is recommended that the City Manager consent to
the assignment by Integrated Regional Laboratories to
Universal Toxicology Laboratories, a Professional
Services Agreement for drug screening services between
Integrated Regional Laboratories and the City of Miami,
on the terms and conditions set forth in exhibit A, for
the Department of Human Resources; further
authorizing the City Manager to execute a Consent to
Assignment, substantially in the form attached hereto.
D ctor f rchasin
/�n
vl
Date
AwardSheet
01—
� ��