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HomeMy WebLinkAboutR-00-0211J-00-201 2/23/00 RESOLUTION NO. 01 0 2 1 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), CONSENTING TO THE ASSIGNMENT BY CEDARS HEALTHCARE GROUP LTD., D/B/A COLUMBIA CEDARS MEDICAL CENTER ("CEDARS") TO INTEGRATED REGIONAL LABORATORIES, A JOINT VENTURE OF WHICH CEDARS IS A PART, THREE PROFESSIONAL SERVICES AGREEMENTS FOR DRUG SCREENING BETWEEN CEDARS AND THE CITY OF MIAMI, ON THE TERMS AND CONDITIONS SET FORTH IN EXHIBITS "A, B AND C" ATTACHED HERETO; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE A CONSENT TO ASSIGNMENT, IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, on June 9, 1997, the City Commission adopted Resolution Nos. 97-388 and 97-389, accepting the Proposals under Request For Proposals No. 96-97-060 with Columbia/Cedars Medical Center for drug screening services for the Departments of Fire -Rescue, Police, and Human Resources; and WHEREAS, on July 24, 1997, the City Commission adopted Resolution No. 97-524, accepting the Proposal under Request For Proposals No. 96-97-102 with Columbia/Cedars Medical Center for drug screening services for the Department of Human Resources; and WHEREAS, on June 25, 1997 and August 5, 1997, three Professional Services Agreements were executed between the City of Miami and Cedars Healthcare Group Ltd., d/b/a Columbia Cedars Crff COMMSSION £TUM OF PEAR 0 9 2000 Resolution No. 3 Medical Center ("Cedars") for the provision of drug screening services for existing and prospective City of Miami employees (the "Agreement"); and WHEREAS, Columbia AutoLaboratories, Inc, and Columbia Cedars Medical Center, are affiliates of Columbia/HCA Healthcare Corp.; and WHEREAS, the Columbia/HCA Healthcare Corp., entered into an agreement with MDS Laboratories, U.S. to form a Joint Venture by the name of Integrated Regional Laboratories, for the purpose of managing and operating clinical laboratories, including specifically; the laboratory business of Columbia/HCA'S affiliates; and WHEREAS, Cedars requests that the City consent to the assignment of three Agreements to Integrated Regional Laboratories; and WHEREAS, Section 18 of the Agreements provide that they may not be assigned by the provider thereunder, without the prior' written consent of the City; and NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set for this in this Section. Section 2. The City hereby consents to the assignment by Cedars Healthcare Group Ltd., d/b/a Columbia, Cedars Medical Center ("Cedars") to Integrated Regional Laboratories, a Joint Page 2 of 3 0— Venture of which Cedars is a part, three Professional Services Agreements for drug screening between Cedars and the City of Miami, on the terms and conditions set forth in Exhibits "A, B and C" attached hereto. Section 3. The City Manager is hereby authorizedll to execute a Consent to Assignment, in substantially the attached form. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 9th day of March , 2000. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said logialaficn r v/ becomes effective with the elapse of ten (1Aays fern the da?of Nmrnssicn n ia�arding same, without the Mayor exerciorng t v , ATTEST: WALTER J. FOEMAN CITY CLEEAN APPED� TO RM D CORRECTNESS The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3G 0' - Z I ASSIGNMENT, ASS AND CO 0 ASSIGNMENT NT This Assignment, Assumption and Consent to Assignment Agreement is made and entered into this day of by and among Cedars Healthcare Group Ltd., dba/Columbia Cedars Medical Center ("Assignor"), Integrated Regional Laboratories, a Joint Venture ("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. On June 25, 1997 and August 5, 1997, Assignor and the City entered into three Professional Services Agreements for the provision of drug screening services for existing and prospective City of Miami employees (the "Agreements"). B. Assignee is a joint venture comprised of Columbia AutoLaboratories, Inc. and MDS Laboratories, Inc., farmed for the purpose of managing and operating clinical laboratories, including, specifically, the laboratory business of Columbia/HCA's affiliates. C. Assignor and Columbia AutoLaboratories, Inc. are wholly owned affiliates of Columbia/HCA, and consequently, the services currently provided by Assignor under the Agreement are the types of services for which Assignee was formed. D. Assignor wishes to assign to Assignee, and Assignee wishes to assume, all of the Assignor's rights and obligations under the Agreement. D. Section 18 of the Agreements provide that the Agreements 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 Joint Venture validly existing and in.good standing under the laws of the State of Florida, and formed for the purposes of managing and operating clinical laboratories, including, specifically, the laboratory business of the affiliates of Columbia/HCA, such as Assignor; (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 ATTACHMENTou assumes all of the Assignor fights 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth above. "ASSIGNOR" Attest: By: Print Name: Corporate Secretary Attest: By: Print Name: Corporate Secretary BY: Walter Foeman, City Clerk Approved as to Form and Correctness Alejandro Vilarello, City Attorney f Cedars Healthcare Group Ltd., dba/Columbia Cedars Medical Center. a Florida corporation By: Print Name: President "ASSIGNEE" Integrated Regional Laboratories. a Florida joint venture By: a Florida corporation as its General Partner By: Print Name: President "CITY" City of Miami, a municipal corporation By: Donald H. Warshaw, City Manager Approved as to Insurance Requirements: Mario Soldevilla, Risk Management Administrator CORPORATE RESOLUTION 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 considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the • (Title of Officer) (Name of Officer) is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of _ 92000. Corporate Secretary Chairperson of the Board of Directors, (Corporate Seal) 0- Z.JL t -7pia�o5 PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this,2s�daY of 199I but effective as of C July 7, 1997) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Cedars Healthcare Group Ltd., dba / Columbia Cedars Medical Center, a Florida corporation ("Provider"). RECITAL A. The City has issued a Request for Proposals ("RFP") for the provision of drug screening services ("Services") to, be utilized by the Department of Human Resources 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. '97-388, adopted on June 9, 1997, 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. _�- ---- ----- _i;j O EXHIBIT "A" LIN 2. TERM: The term of this Agreement shall be two (2) years commencing on July 7, 1997. I 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 fund, on the same terms and conditions set forth herein except that compensation during the third (3") year of the term may be increased up to 3%.. City Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is longer. 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. B. 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) all 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 "B" hereto, which by this, reference is CoM:PSACForml(a)•RFP(Corp).doc 2 incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $31;625.00[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. Provider's invoice shall detail the work performed during the previous month and 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. 00- 211 CoM:PSAForml(a)-RFP(Corp).doc 3 i 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. 10. 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 00- 211 CoM:PSAFonnl(a)-RFP(Corp).dk 4 keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as the may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") 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 propert6y 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 Manpger for his/her .resolution, prior to Provider being entitled to seek judicial relief in connection therewith. In the event that the 0— COM:PSAForml(a)-PFP(Corp).doc 5 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 ins%iments, 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. B. 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. 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, J.A CoM:PSAFoM1(a)-RFP(Cotp).doc 6 religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of 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. 18. 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 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 U CoM:PSAF6rm1(a)-R1:P(Corp).doc 7 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: TO THE CITY: Cedars Healthcare Group, Ltd. Angela R. Bellamy dba / Columbia Cedars Medical Center Director 1400 N. W. 12'" Avenue Department of Human Resources Miami, Florida 33136 P. O. Box 330708 Miami, Florida 33136 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 shall 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 provision, 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 seve+table, and in either 011 CoM:PSAForm{(a)-RFP(Corp).doc 8 event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. IND EPENDENT.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.. 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 rights generally. afforded classified or unclassified employees. Provider further understands that Florida' ' 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 agent of Provider rendering services to the City under this Agreement. 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 representations contained in the Solicitation Documents. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties. and obligations of each to the other as of its date. Any prior agreements, promises, �o CoM: PSArorml(a)•lil: I'(Corp).doc 9 negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 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, shall 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 and approve all pending City of Miami contracts. As a result, contracts shall not be binding on 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 0' COM:PSAForm(0)-ItFP(Corp).doc 10 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above wntten. ATTEST: ATTEST: Print Name: Title: Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: CuM:PSAFarm1(cu•I(FP(Corp).doc "City,,, CITY OF MIAMI, a municipal corporation By: L ACS L Edward Marquez, "Provider" ' (24.0,11 4 0 . a n Ar corporation ' By: Print Name: _ Title: President *kVik%esS 6 APPROVED AS TO INSURANCE REQUI ENT f MARIO SOLDEVILLA Risk Management Administrator Risk Management Division Attachment A-1 DRUG SCREENING PROTOCOL Pursuant to City Commission policy and the various labor agreements;, the City of Miami performs drug screens on current and prospective employees. The City of Miami drug screening program shall test for alcohol (if requested) and the following controlled substances: -Amphetamines -Barbiturates -Benzodiazepines -Cocaine Metabolites -Cannabinoids -Methadone" - -Methaqualone -Opiates -Propoxyphene -Tricyclics -Phencyclidine (PCP) The following guidelines have been established in conjunction with standards developed by the U.S. Department of Health and Human Services and existing City of Miami departmental policies and requirements as set forth in the existing collective bargaining agreements: PROVIDER QUALIFICATIONS A. The provider must have a qualified individual to assume professional, organizational, educational, and administrative . responsibility for the laboratory's urine drug testing facility. This individual shall be engaged in and responsible for the day-to-day management of the drug testing laboratory. Minimum qualifications for this individual are: - Certification as a laboratory director by the State in forensic or clinical laboratory toxicology; or - A Ph.D. in one of the natural sciences with an adequate undergraduate education in biology, chemistry, and pharmacology or toxicology; or - Training and experience comparable to a Ph.D. in one of the, natural sciences, such as medical or scientific degree with additionai� training and laboratory/research experience in biology, chemistry, and pharmacology or toxicology; and Experience in analytical forensic toxicology including experience with the analysis of biological material for drugs of abuse: and Training and/or experience in forensic application of analytical toxicology, e.g., publications, court testimony, research concerning analytical toxicology of drugs of abuse, or other factors which ,qualify the individual as an expert witness in forensic toxicology. B. The provider must have a qualified individual to review the standards, control specimens and quality control data together with the screening and confirmation test results; a licensed technologist supervisor and licensed technicians (all licensed by the State of Florida). A phlebotomist must be available to draw blood specimens. C. All tests shall be conducted in a licensed facility operated by the provider '- or at such facility subsequently agreed to by the City and the provider. Laboratory facility must be currently licensed by the Florida Department of Health and Rehabilitative Services in clinical chemistry. Laboratory must have the ,capability of performing drug screenings and GCMS confirmations at the same facility. The provider's premises and equipment must have passed Federal and State inspections. Volmetric pipettes and measuring devices shall be certified for accuracy or be checked by gravimetric, colorimetric, or other verification procedure. Automatic pipettes and dilutors shall be checked for accuracy and reproducibility before being placed in service and checked periodically thereafter. There shall be written procedures for instrument setup ;and normal operation, a schedule for checking critical operating characteristics for all instruments, tolerance limits for acceptable function checks and instructions for major trouble shooting and repair. Records shall be available on preventive maintenance. There shall be written procedures for the actions to be taken when systems are out of acceptable limits or errors are detected. There shall be documentation that these procedures are followed and that all necessary corrective actions are taken. There shall also be in place systems to verify all stages of testing and reporting and documentation that these procedures are followed. D. The provider's facility must have a quality assurance program which encompasses all aspects of the testing process: specimen acquisition, chain of custody security and reporting results, in addition to the screening and confirmation of analytical procedures. Quality control procedures will be designed, implemented and reviewed to monitor the conduct of each step of the process. The provider's facility must meet or exceed standards provider's facility must meet or exceed standards established by the Department of Health and Human Services. E.- The provider must have experience in handling toxicology specimens (bosh urine and blood) and provide a well documented chain of custody for all tests. F. The provider must have a procedure manual which includes the principles of each test, preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of methods, sensitivity of the methods, cutoff values, mechanisms for reporting results, controls, criteria for unacceptable specimens and results, remedial actions to'be taken when the test systems are outside of acceptable limits, reagents and expiration dates, and references. Copies of all procedures and dates on which they are in effect shall be maintained as part of the manual. G. The provider shall maintain documentation of all aspects of the testing process. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer-generated data.. The provider shall not dispose of any such records or documents without receiving written consent from the City. H. The provider shall designate a program manager who 'will be responsible for program coordination and to provide a single point interface ' between the purchaser and the provider on all matters concerning the contract. SPECIMEN COLLECTION SERVICES (For Fire and Solid Waste bargaining unit employees) 3 1 6 Chain of Custody A chain of study of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. Handling and transportation of urine and/or blood specimens from one authorized individual or place to another shall always be accomplished through chain of custody procedures. Every effort shall be made to minimize the number of persons handling specimens. Integrity and Identity of Specimen Collection site personnel shall take precautions to ensure that a urine specimen not be adulterated or diluted during the collection procedure and that information on the urine. bottle and chain of custody form can identify the individual from whom the spbcimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: A. When an individual arrives at the collection site, the collection site person_ shall require the individual to present photo identification. If the individual's identity cannot be established, the collection site person shall not proceed with the collection until identity has been established. The appropriate department (Fire - see page 20, or Solid Waste - Jim Kindl 575-5107, Beeper 324-4444 2537 or Adrienne MacBeth 575-5107, Beeper 317-1122) must be notified of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel must in writing vouch for the individual's identity. B. The individual shall be instructed to wash and .dry his or her hands prior to urination, if such facilities are available. The collection area shall consist of a private and secure restroom facility. C. After washing of hands, the individual shall remain in the presence of the collection site person and shall not have access to a water fountain, faucet, soap dispenser, cleaning agent or any other material which could be used to adulterate the specimen. Only one (1) individual shall be allowed inside the collection area (restroom) at any given time. The individual shall not be allowed to bring anything, including any smoking materials, into the collection area. The individual shall remove all unnecessary outer garments. All bags, packs, purses, etc., shall be left outside of the collection area (restroom) secured in a locked unit. The individual may t retain his or her wallet. 4 11 V®_ &XX D. The individual shall be given one (1) wrapped and/or sealed sterilized container for the collection of urine to be tested. E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the area (restroom) and shall'document that the area is free of any foreign substances. The collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, the employee shall be told that if the sound of running water is heard coming from within the restroom, by the collection site person, the individual shall be instructed to exit the restroom and inform that the sample, if any, does not meet the City of Miami guidelines. The sample shall be considered as adulterated, and will be taken into custody by the collection site person and retained for analysis. The collection site person shall then notify the appropriate department (Fire or Solid Waste - see "A" for telephone numbers). In the event the employee has not provided a sample, the procedure must begin again from the beginning. G. The individual shall enter the collection area (restroom), close the door for privacy and void into the container. The collection site person shall remain near the restroom facility (collection area), within audible range of the individual. H. The collection site person shall document any unusual behavior or appearance of the individual. I. Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 30 milliliters of urine. If the individual fails for any reason, to provide at least 30. milliliters or urine, but enough for testing, he/she should be advised that testing will proceed on the sample provided. If the individual fails to appear at the collection site at the assigned time, the collection site person shall advise Solid Waste (See "A") or the Fire Department (page 21). J. After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his or her hands. K. Immediately after the specimen is collected, the collection site person, in the presence of the individual, shall inspect the specimen to determine the color and look for any signs of contaminants. Any unusual findings shall be noted on the custody and control form. ! i 5 6 L. Immediately upon receiving the specimen, the collection site person shall place the temperature sensitive label on the specimen cup to determine if it is at an acceptable temperature. If the specimen's' temperature is not within the acceptable range, the sample shall be considered as adulterated and Solid Waste (see "A") or Fire (page 20) shall be notified immediately. If in the professional opinion of the collection site person, any urine or sample is suspected as having been adulterated, by any means, the collection site person shall notify the appropriate department as previously indicated. In such cases the individual may be required to provide an additional sample under direct observation by an observer of the same gender. M. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. N. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. If available; at least 15 milliliters will be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured into the second bottle. O. The collection site person shall place securely on the .bottles an identification label which contains the date, the individual's name, ID number and specimen number. P. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from him or her. Q. Both the collection site person and the individual being tested shall keep the specimen in view at all times prior to sealing and labeling. R. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. SPECIMEN COLLECTION PROCEDURES (Sworn Miami Police Department Personnel) 1. When an individual arrives at the collection site; the collection site person shall require the individual to presenR photo identification (i.e., Driver's License, City I.D.). If the individual's identity cannot be established, the collection site person shall not proceed with the collection. The 6 religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participationin, 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 j the volume of City procurement and contracts with Blacks, Hispanic and Women -owned business. The NVWBE 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 r minority or women owned business participation. 18. 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 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 t U-:: CoM: PSAForml(a)-It f P(Corp).doc 7 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: TO THE CITY: Cedars Healthcare Group, Ltd. Angela R. Bellamy dba / Columbia Cedars Medical Center Director 1400 N. W. 12``' Avenue Department of Human Resources Miami, Florida 33136 P. O. Box 330708 �T Miami, Florida 33136 20. MISCELLANEOUS PR VISIONS: 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 shall 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 provision, 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 t A CoM:PSAForml(a).Rt-P(Corp).Jus 8 15. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. At least 15 milliliters must be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured in the second bottle. 16. The collection site person shall place securely on the bottles an identification label which contains the date, the individual's name, ID number and specimen number. 17. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying; that they are the specimens collected from him or her. 18. Botirthe collection site person and the individual being tested shall keep the specimens in view at all times prior to sealing and labeling. 19.. The collection site person must place the specimens and chain of custody form. in a lock box and store in a secure location until transported, if applicable. 20. The Internal Affairs Section (579-6461; see page 20) shall be notified of all positive results confirmed through GC -MS testing. 21. In all cases where the employee listed use of any medication where the sample tests positive for the same, Internal Affairs (579-6461) must be notified between 8:00 a.m. - 4:00 p.m. After 4:00 p.m.,, notification must be made on the following work day Monday through Friay. 22. Laboratory personnel shall be available to assist Miami Police Department Internal Affairs representatives in verifying specific prescriptions where the employee tests positive for same (e.g., valid prescription for valium would test positive for benzodiazepine). SPECIMEN COLLECTION PROCEDURES (For all applicants and all employees excluding Police, Fire and Solid Waste bargaining unit employees) 1. Chain of Custody A chain of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. Handling and transportation of urine and/or blood specimens from one authorized individual or place to another shall always , be accomplished through chain of custody procedures. VU N Every effort shall be made to. minimize the number of persons handling specimens. 2. Integrity and Identity of Specimen The laboratory shall take precautions to ensure that a urine specimen not be adulterated or diluted during the collection procedure and that information on the urine bottle and in the record book can identify the individual from whom the specimen was collected.. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: A. When an individual arrives at the collection site, the collection site person shall request the individual to present photo identification. If the individual's identity cannot be established, the collection site • , person shall not proceed with the collection. The Department of Human Resources (416-2100) shall be notified,,,,,,,.,,, of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel (if applicable), must in writing vouch for the individual's identity. , B. The individual shall be instructed to wash and dry his or her hands prior to urination, if such facilities are available. The collection area shall consist of a private and secure restroom facility. C. After washing of hands, the individual shall remain in the presence of the collection site person and shall not have access to a water fountain, faucet, soap dispenser, cleaning agent or any other material which could be used to adulterate the specimen. The individual shall not be allowed to bring anything, including any smoking materials, into the collection area. The individual shall remove all unnecessary outer garments. All Bags, packs, purses, etc., shall be left outside of the collection area (restroom) secured in a locked unit. The individual may retain his or her wallet. The collection site person shall provide a receipt for personal belongings if requested by the individual. D. The individual shall be given one wrapped and/or sealed sterilized container for the collection of urine to be tested.' E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the site (stall) and shall document that the site is free of any foreign substances. The CO- 211 collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, the individual shall be told that if the sound of running water is heard coming from within the restroom, by the collection site person, the individual shall be instructed to exit the restroom and informed that the sample, if any, does not meet City of Miami guidelines. The sample shall be considered as adulterated, and will be taken into custody by the collection site person and retained for analysis. The collection site person shall then notify the Department of Human Resources (416-2100). In the event the employee has not provided a sample, the procedure must begin again from the beginning. G. The individual shall enter the collection area, ('restroom), close the door for privacy and void into the container. ,The collection site person shall remain near the restroom facility (collection area), within audible range of the individual. H. The collection site person shall document any unusual behavior or appearance of the individual. I. Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 30 milliliters of urine. If the individual fails for any reason to provide at least 30 milliliters of urine, but enough for testing, he/she should be advised that testing will proceed ori the sample provided. If the individual fails to appear at the collection site at the assigned time, the collection site person shall contact the Department of Human Resources (416-2100) to obtain guidance on the action to be taken. J. After the specimen has been provided and submitted to the collection site person, the individual shall be allowed to wash his or her hands. K. Immediately after the specimen is collected, the collection site person, in the presence of the individual, shall inspect the specimen to determine the color and look for any signs of contaminants. Any unusual findings shall be noted on the custody and control form. L. Immediately upon receiving the specimen, the collection site person shall place the temperature sensitive label on eachspecimen �6_ 211 cup to determine if they are at an acceptable temperature. If the specimen's temperature is not within the acceptable range, the sample shall be considered as adulterated, and the Department of Human Resources shall be immediately notified. If in the professional opinion of the collection site person, any urine specimen or sample is suspected as having been adulterated, by any means, the collection site person shall immediately notify the Department of Human Resources (416-2100). In such cases the Department of Human Resources may require the individual to provide an additional sample under direct observation by an observer of the same gender. M. Where an individual appears unable, or unwilling, to provide a sample at the time of the collection, the collection site person shall - document the circumstances on the reporting form. The individual if an applicant must be advised that he/she has until midnight to provide a sample. If the individual is an employee he/she should remain at the facility as long as is necessary for the individual to provide an acceptable sample. If after 1.5 hours, the individual is unable or unwilling to provide a sample, the collection site person shall contact the Department of Human Resources (416-2100). N. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. O. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. If available, at least 15 milliliters must be poured into one bottle, which will used as the primary specimen. The remaining specimen must be poured into the second bottle. P. The collection site person shall place securely on the bottle an identification label which contains the date, the individual's name, ID number and specimen number. Q. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from him or her. R. Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. { 211 12 S. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. LABORATORY ANALYSIS PROCEDURES 1. Security and Chain of Custody The drug testing laboratory shall be secure at all times. Sufficient security measures to control access to the premises and to ensure that no unauthorized personnel handle specimens or gain access to the laboratory processes or to areas where records are stored must be in place. Access to these secured areas shall be limited to specifically authorized individuals whose authorization is documented. Laboratories shall use chain of custody procedures to maintain control and accountability of specimens from'receipt through completion of testing, reporting of results, during storage, and continuing until final disposition of specimens. The date and purpose shall be documented on an appropriate chain of custody form each time a specimen is handled or transferred, and every individual in the chain shall be identified. Accordingly, authorized technicians shall be responsible for each urine specimen or aliquot in their possession and shall sign and complete chain of custody forms for those specimens or aliquots as they are received. 2. Receiving Specimen bottles will normally be retained within the laboratory's accession area until all analyses have been completed. Aliquots and the laboratory's chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests. A. Short -Term Refrigerated Storage In the event a specimen does not -receive an initial test on the day of receipt it shall be placed in a secure refrigeration unit. The temperature shall not exceed 6*C. Emergency power equipment shall be available in case of prolonged power failure. B. Specimen Processing The laboratory facility will process specimens by grouping them into batches except when results are requested on a stat basis. The number of specimens in each batch may vary significantly depending on the size of the laboratory and its workload. When conducting either initial or confirmatory tests, every batch shall 00— 211 13 contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysis. The batches shall include controls certified to contain no drugs. 3. Initial Test The initial test shall be performed using an immunoassay method as agreed upon between the Provider and the City. Initial cutoff levels from the following chart will be utilized when screening urine specimens: NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff level by the use of quality control both open and blind. If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. *Positive result for IAFF members shall be a concentration in excess of quantity listed. 00- 21l 14 Screening Cut-off Level IAFF LIUNA - (Excluding Members Members IAFF & LIUNA Only* Only Drug (NG/ML)(NG/ML G/ML - Amphetamines 300 500 1,000 - Barbiturates 300 --- 300 - Benzodiazepines 300 --- 300 - Cocaine Metabolites 50 100 50 - Cannabinoids 20 50 40 - Methadone 300 300 --- - Methaqualone 100 100 750 - Opiates 300 300 1,000 - Propoxyphene 300 300 --- Tricyclic Antidepressants 300 300 --- - Phencyclidine (PCP) 25 25 25 NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff level by the use of quality control both open and blind. If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. *Positive result for IAFF members shall be a concentration in excess of quantity listed. 00- 21l 14 4. Confirmatory Test All urine specimens identified as positive on the initial test for applicants (employment) will be confirmed by gas chromatography -mass spectrometry (GCMS). All urine specimens identified as positive on the initial test for current employees shall be confirmed by (GCMS). All confirmations for cannabinoids and cocaine metabolites shall be by quantitative analysis. For all other drugs, the confirmatory test shall detect the confirmed presence of a substance. However, for LIUNA Bargaining Unit members only, the presence of marijuana metabolite must be confirmed at 20 ng/ml or greater. For IAFF .Bargaining Unit members only, the confirmation cutoff concentration shall be the same as those established for the initial test and a positive result shall be a concentration in excess of cutoff. All positive test for IAFF members for a controlled substance will be confirmed. using the employee's separate sample if given, or reserve portion of the initial sample by GCMS. OTHER 1. Specimen Choice A. Employment - Urine B. Post Accident/Reasonable Suspicion/Annual Physical/ Fire Random Controlled Group Alcohol Substances AFSCME EBT Urine Fraternal Order EBT Urine of Police (FOP) International Blood Urine (1) Assoc. of Firefighters A 15 Laborers EBT Urine International Union of North America (LIUNA) (1) Employee can provide a separate second sample at either a hospital or accredited testing lab, as chosen by the City, within four (4) hours from time of giving the initial sample. 2. Blood Alcohol Testing Blood Alcohol Testing shall be done upon request. Chain of custody requirements will be the same as for urine specimen. All blood alcohol results shall be reported as grams/percent. Confirmation testing of blood specimens shall be performed utilizing enzymatic methods of quantitative alcohol mearsurement approved by Florida's Agency for Health Care Administration and/or as agreed upon by the City. 3. Testimony Personnel involved in the administration of drug screens as required by the City of Miami or court must testify on behalf of the City in case of a Civil Service hearing lawsuit, or similar proceedings, relative to testing procedures and/or chain of custody. Qualified laboratory personnel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 4. Time Requirements All chemical tests shall be conducted as soon as* practical, preferably the same day. If results are positive, confirmatory test must be started immediately so that employee can be informed of those results. IAFF members must be notified of a positive result within twelve (12) hours from the time a sample was given. Should the employee wish to give a separate second sample, it shall be performed within four (4) hours from the time of giving the initial sample. All positive tests for a controlled substance will be confirmed using the employee's separate sample if given or the reserve portion of the initial sample by GCMS. f 1 16 LIUNA members have twenty-four (24) hours after notification of a positive result to request a second test at another laboratory selected by the City, utilizing the "same" original sample if enough exists. For FOP members, the unused sample shall only be tested if requested by the officer being tested within 24 hours of notification of confirmed positive first test. For Cause and/or Reasonable Suspicion testing of current employees including confirmation of positive results, shall be completed as soon as possible. 5. Storage of Specimen The -lab shall store positive specimens for a minimum of two (2) years, longer upon request, or if involved in litigation; negative specimens must be stored for a minimum of five (5) days. b. Reporting Results Employment results must be available within 24 hours of test. Written test results shall be delivered to the Department of Human Resources within 24 hours of completion of test (Monday thru Friday). Verbal results should be released to authorized personnel only. Results may be transmitted by various electronic means.(e.g., fascimile). All specimens negative on the initial test or negative on the cofirmatory test shall be reported as negative. Only specimens confirmed positive shall be reported positive for a specific drug. A monthly statistical summary of drug testing shall be provided to the Department of Human Resources. A separate statistical summary shall be provided for Police drug screens and Fire annual physicals. The summary shall contain the following information: - Initial Testing: * Number of specimens received; * Number of specimens reported out; and * Number of specimens screened positive for: Amphetamines Barbiturates Benzodiazepines Cocaine Metabolites 211 17 • Cannabinoids • Methadone Methaqualone Opiates Propoxyphene - Tricyclics Phencyclidine (PCP) Confirmatory Testing: C7 * Number of specimens received for confirmation; * Number of specimens confirmed positive for: Amphetamines Barbiturates Benzodiazepines Cocaine Metabolites Cannabinoids Methadone - Methaqualone Opiates Propoxyphene Tricyclics Phencyclidine (PCP) 7. Special Requirements for Annual Drug Screens (Sworn Personnel - Police Department). A. Must be able to test up to 100 officers a month, Monday through Friday, and be able to schedule collection site personnel for the day ($:30 a.m. - 11:30 a.m.), afternoon (3:00 p.m. - 5:00 p.m.), and midnight shifts (10:00 p.m. - 12:00 a.m.). Times may vary. B. All containers must be sterilized and individually packaged. C. Must secure two (2) samples for testing. The unused sample shall only be tested if requested within 24 hours by the Officer being tested. D. All chemical tests. shall be conducted as soon as practical, preferably the same day. E. Must test all samples using an initial screening, test and confirming all positives using the Gas Chromatography Mass Spectrometry (G.C.M.S.) or better testing. 0" l8 F. Provide verbal reports on stat specimens and report findings in writing within twenty-four (24) hours. G. The Internal Affairs Section shall be notified of all positive results confirmed through GC -MS testing. H. In all cases where the employee listed use of any medication where the sample tests positive for the same, Internal Affairs must be notified between 8:00 a.m. - 4:00 p.m. After 4:00 p.m. notification must be made on the following work day Monday through Friday. I. All samples which test positive will be kept under Chain of Custody condition until all Administrative or judicial proceedings are over. J. Chain of Custody must be proved by the following means: 1. Be able to prove the vial or cup was properly labeled with the officer inscribing his/her name and any other identifying information as required by the laboratory. 2. Be able to prove that the sample was not tampered with while in the custody of the lab. 3. Be able to document who received sample, and what happened to it. 4. Be able to document who tested sample and how the technician received the sample. 5. Be able to prove samples kept in a secure location. 6. Be able to prove that the test results are of the sample in question. K. Reporting of Positive Results (Police Department) The following procedure will be utilized when it becomes necessary to notify the Miami Police Department that one of its members has tested positive for drugs. Please notify Sgt. Norberto Blanco of the Internal Affairs Section. If after ten minutes you have not received a response from Sgt. Blanco, please continue down the below list. oo- 211 19 1. Sgt. Norberto Blanco Internal Affairs Section Office: 579-6461 (Monday - Thursday/0700-1700) Cellular: N/A Pager: 483-8969 2. Lt. Adam Burden Internal Affairs Section Office: 579-6461 (Tuesday - Frday/0700-1700) Cellular: 582-5444 Pager: 483-8719 3. Major William O'Brien Internal Affairs Section 4 Office: 579-6461 (Monday - Friday/0800-1700) Cellular: 582-3008 Pager: 483-8712 8. Reporting of Positive Results (Fire Department) The following procedure will be utilized when it becomes necessary to notify the Miami Fire Department that one of its members has tested positive for drugs. If after fifteen minutes you have not received a response from the individual you are attempting to contact, please continue down the list. The below listed individuals will be responsible for assuring that the proper procedures are followed and confidentially maintained. 1. Executive Asst. Veldom Arthur, Personnel Officer Office Number - 416-1630 Monday - Friday from 8:00 a.m. - 5:00 p.m. Cellular Number - 310-0280 Digital Pager Number - 354-5472 2. Chief Steve Abraira, Chief of Mgmt. Svcs. Office Number - 416-1605 Monday - Friday from 8:00 am. - 5:00 p.m. Cellular Number - N/A Digital Pager Number - 483-8686 3. Fire Central Information Office - 579-6245 This office is staffed 24 hours a day. Have the 20 0 .0 officer answering your call contact the on-call Staff Duty Officer. This level shall seldom, if ever, be utilized. 9. Forms A. Employment Drug Screening Authorization This form will be utilized to establish an applicant's identity and to advise him of his appointment at Toxicology Testing Services, Inc. This form is completed by the applicant and a City of Miami - Department of Human Resources representative. The identification presented at the Department of Human Resources must also be represented at Toxicology Testing Services, Inc. (See Attachment B). B. Request for Medical Examination This form will be utilized to perform reasonable suspicion testing of current employees who are either members of the AFSCME, IAFF, or LIUNA Bargaining Units or are Managerial/Confidential, Executive, Unclassified, Temporary or Part-time employees. This form is to be completed by the employee and his supervisor. (See Attachment C). C. Drug Testing Custody and Control Form - City of Miami Drug Testing Program This form will be utilized for all employees (excluding FOP bargaining unit members) and applicants for drug testing. (See Attachment D). D. Drug Testing Custody and Control Form - Miami Police Department Drug Testing Program This form will be utilized for FOP bargaining unit members (sworn personnel in the Police Department) for drug testing. (See Attachment E) f 21 ATTACHMENT 8 City of Miami EMPLOYMENT DRUG SCREENING AUTHORIZATION As part of the City of Miami Employment Process all applicants are required to undergo and pass a drug test. Failure to report to the designated collection site on the date indicated below to undergo the test including providing an acceptable §pecimen on the date scheduled, will result in elimination from the employment process. Pursuant to this requirement. please complete the infor_ mation requested below and indicate by signing that you have read and understand this employment requirement and authorize the release of test results to the City of Miami. Name: Position Applied For. Social Security No.: Department: Commercial Driver License (CDL) v Yes 0 No If yes. COL x Signature: Date: Dept. of Human Resources Identification Presented: Appointment Date: Upon completion and authorization by the Department of Human Resources,. please take this form to: Toxicplogy Testing Service. Inc Received by: Identification Presented: Date: Lv I FWAL vas Hev. W 1 Wa UMIdurwM: wn+te - Human r *S"Ces Canary - Torioo"y rft" Wore. WC. r�-- 211 AWL LACHMENT C W City of Miami REOUEST FOR MEDICAL EXAMINATION instrucoons: 1) Employee Data section to be completed by employee and Exam Oats section to be completed by the department director or designee. 2) This form is not to be used by sworn Police employees for substance abuse testing. 1. Employee Name: 2. Title: 3. Department s, Division: 5. Employee Group: (Check one) ❑ Fraternal Order of Police -. FOP ❑ Sanitation Employees Association - SEA s ❑ International Assoc. of Fire Fighters - IAFF ❑ Managerial / Confidential 0 W ❑ Miami General Employees - AFSCME ❑ Other (Specito ca 0 List Medication(s) Taken W Within Last 30 Days: am/pm Employee's Signature Date Time T. Purpose of Medical Examination ❑ Determination of Mental Fitness for Duty ' ❑. Determination of Controlled Substance/Alcotld Abuse ❑ Determination of Physical Fitness for Duty' ❑ Other (SPecifA 8. Type of Controlled Substance/Alcohol Abuse Testing Required: ❑Alcohol ❑Substances of Abuse k (check one or both) {t �— a 9. Reason for Request (Attach separate sheet it necessaryy s at W 1i 1 i I am/pm 0 Supervisor's Signature (if applicable) Date Time I � _ o am/pm f I s j Department Director/Designee Date Time Routing Notice: 1) If the examination is to determine fitness for duty, forward the white and canary copies to Personnel Management 2) If the examination is to determine controlled substance/alcohol abuse, forward the white copy to Personnel Management and present the canary copy to the laboratory. FOR DEPARTMENT OF PERSONNEL MANAGEMENT USE ONLY I.D. Presented: Time: amlpm I [PM/AL Authorized Signature 12/89 I Date Distribution; white • Personnel Management Canary - Laboratory/Physician: Pink - Departmental t.a.,,�,,► r:a. K0 4-4 0. 0 Attachment A Police and Fire Drug Screening Services Scope of Services 1. All tests must be performed in accordance with City of Miami Drug Testing Protocol (Attachment A- 1; applicable pages 1-9; 13-21). NOTE: Drug Testing protocol is subject to revision. 2. All test must be performed by an individual who has the qualifications outlined on page one (1) of City of Miami Drug Testing Protocol. 3. Provider's testing facility must be currently certified by the Department of Health and Human Services (NIDA), and the State of Florida. 4. Provider must be able to conduct the following tests: urinalysis (immunoassay) GCMS, 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 City of Miami limits. 7. Provider's collection facility must have separate collection areas (rest rooms) for males and females. 8. Provider's collection facility must have a sufficient reception area. 9. The City may require interviews of Proposers and inspection of facilities and equipment prior to award of this proposal. 10. 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. l 1. Drug testing will be required primarily Monday - Friday, between the hours of 7:00 a.m. - 5:00 p.m. and occasionally after 9:00 p.m. However, provider must be able to provide testing seven days a week, 24 hours a day. 12. On request, Provider must be able to collect a specimen at a location other than the Provider's collection site. ff o - - 13. The City of Miami will only pay invoices submitted by the facility for whom a purchase order has been issued. 14. Provider must provide all necessary supplies (e.g., tamper proof pre scaled empty containers) needed for collection, testing and storing of specimens. Urine specimens certified to contain no drugs must be used for all testing. 15. 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. 16. Provider must be able to adhere to stringent turnaround times (see page 16) and specified cut-off levels (see page 14) of the City of Miami Protocol. I 00- Z I I CITY OF MIAMI DRUG SCREENING SERVICES COST POLICE AND FIRE Attachment B 2H Columbia/HCA/ Cedars Medical Center Eat Description Qty UnIVExtended Cost Urine Drug Screen (11 drugs) 1,100 $13.50/14,850.00 with Chain of Custody Urine Drug Screen (9 drugs) 200 12.75/2,550.00 with Chain of Custody Blood Alcohql Level Test with is 10.00/150.00 Chain of Custody Evidential Breath Testing is. 15.00/225.00 GCMS Confirmation with 50 25.00/1,250.00 Chain of Custody Consultation & Testimony 50 hrs. 150.00/7,500.00 TOTAL PART 11 $26,525.00 Other: Review by Medical Review Officer 1,300 0.00/0.00 EBT -Positive confirmations require a second test at $25-00 each. $25.00 each off-site testing Courier run to meet 12 -hour turnaround Emergency Room Collections Cost of Living Increase, N any, after 2 years. 3% 2H f • PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into thisASPday of n4_ , 1991( but effective as of July 7, 1997 ) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Cedars Healthcare Group Ltd., dba /'Columbia Cedars Medical Center; a Florida corporation ("Provider"). RECITAL A. The City has issued a Request for Proposals ("RFP") for the provision of drug screening services ("Services") to be utilized by the Department of Human Resources for performing drug screening profiles pursuant to the federal government's Omnibus Transportation Employee Testing Act of 1991. 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. 97-389, adopted on June 9, 1997, 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. - ---- ---- --- -- - -_ 00- 211 EXHIBIT "B" 2. TERM: The term of this Agreement shall be two (2) years commencing on July 7, 1997. 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 fund, on the same terms and conditions set forth herein except that compensation during the third (3'd) year of the term may be increased up to 3%.. City Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a period equal to the original term of this Agreement, whichever is longer. 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. B. 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) all 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 sc:-:edules described in Attachment "B" hereto, which by this reference is CoMTSA-ML.doc 2 r incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $10,425[per year]. B.. Unless otherwise specifically provided in Attachment `B", payment shall be made within forty five (45) days after receipt of Provider's invoice. Provider's invoice shall detail the work performed during the previous month and shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Provider is entitled to reimbursement of travel expenses {i.e. Attachment "B" includes travel expenses as a specific item of compensation], then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider -agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 7. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Provider under this Agreement, audit , or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. COM:P$A-CDL.doc 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. 10. 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 CoM:PSA-C DL.doc 4 keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as the may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") 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 propert6y 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 COMMA-CMAOC 5 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. B. 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. 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, �- 211 CoMTSA•M-doc 6 religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of 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 4 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 fromconsideration 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. 18. 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 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 00- 0211 COMMA-M..Joc 7 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: TO THE CITY: Cedars Healthcare Group, Ltd. Angela R. Bellamy dba / Columbia Cedars Medical Center Director 1400 N. W. 12" Avenue Department of Human Resources Miami, Fldrida 33136 P. O. Box 330708 aaQ't'` fon ' ©' I rJ Miami, Florida 33136 20. MISCELLANEOUS PR ISIONS: 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 nota part of this Agreement. C. No waiver or breach of any provision of this Agreement shall 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 provision, 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 - 211 CoM:PSA-CDL.doc 8 event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment. hereto shall be vapid unless in writing and executed by property authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs-, executors, legal representatives, successors, or assigns. 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 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 rights generally afforded classified or unclassified employees. Provider further understands that Florida 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 agent of Provider rendering services to the City under this Agreement. 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 representations contained in the Solicitation Documents. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties rolating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, QO 211 CoM:PSA-CDL.doc 9 negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 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, shall 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 and approve all pending City of Miami contracts. As a result, contracts shall, not be binding on the city until such time as ley 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. f U'OW 211 CoWSA-CM.duc 10 0 .0 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: W r Foeiii , City Cler ATTEST: Print Name: Title: Corporate Secretary APPROVED AS TO FORM AND CORRECTNESS: 01 City Attorn COWSA-MLAtic "City" CITY OF MIAMI, a municipal corporation By Edward Marquez, U "Pro''vlider" cf-&M-m a O i A corporation By: Print Name: CA A v- n Title: President 4 LV J -'rig sS �D �. APPROVED AS TO INSURANCE REQUI NTS: MARIO SOLDEVILLA Risk Management Administrator Risk Management Division (e. i C -P, AbA ` , ! 00 11 n DOT Alcohol and Controlled Substances Testing Scope of Services • Attachment A 1. All tests must be performed in accordance with the Omnibus Transportation Act of 1991 as amended; copy of Federal Register attached - Attachment C. 2. Provider's collection site and testing site (excluding for urinalysis, GCMS) facility must be located in the City. 3. Vehicle parking shall be provided at no cost to the City or employee being tested. 4. Provider's collection facility shall have a sufficient reception area. 5. The City may require interviews of Proposers and inspection of facilities and equipment prior to award of this proposal. 6. 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. 7. Drug testing will be'required primarily Monday - Friday between the hours of 8:00 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. 8. The City of Miami will only pay invoices submitted by the facility for whom a purchase order has been issued. 9. Must provide all necessary forms, equipment and supplies_(e.g., tamper proof pre - sealed empty containers) needed for collection and testing pursuant to DOT guidelines. 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. CITY OF MIAMI DOT ALCOHOL AND CONTROLLED SUBSTANCES TESTING COST Attachment B Columbia/HCA/ Cedars Medical Center Est Description QQt Unit/Extended Cost Urine Drug Screen (5 drugs) 200 $12.50/2,500.00 with Chain of Custody, Medical Review Officer Evidential Breath Testing 150 15.00/2,250.00 GCMS Confirmation with 25 25.00/625.00 Chain of Custody Employee Training 50 6.00/300.00 Supervisor Training 25 30.00/750.00 Education Material 75 Included/0.00 Evaluation & Follow-up 25 Included/0.00 Consultation & Testimony 10 hrs. 150.00/1,500.00 TOTAL PART III $7,925.00 Other: - EBT - Positive confirmation required - $25.00 Emergency Room Collections Off-site testing Cost of Living Increase, if any, after 2 years 3% f ®- 211 MAMlnLL k, PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of k q tAS -� 199_7( but effective as of September 2, 1997 ) by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Cedars Healthcare Group Ltd., dba / Columbia Cedars Medical Center, a Florida corporation ("Provider'j. RECITAL A. The City has issued a Request for Proposals ("RFP') 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. 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,.iato and made a part of this Agreement. B. The Commission of the City of Miami, by Resolution No. 97-524, adopted on July 24, 1997, 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. { ` 00 JAIW EXIBIT "C" 2. TERM: The term of this Agreement shall be two (2) years commencing on September 2, 1997. 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 fund, on the same terms and conditions set forth herein except that compensation during the third (3rd) year of the term may be increased up to 3%. City Commission approval shall not be required as long as the total extended term does not exceed two (2) years, or a .period equal to the original term of this Agreement, whichever is longer. 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 y= :.. incorporated into and made a part of this Agreement. B. 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) all 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 "B" hereto, which by, this reference is f CoM:PSAPorml(a)-RFP(Corp).doc 2 incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $14,384.00 [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. Provider's invoice shall detail the work performed during the previous month and 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 Havel 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.O Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms :..a ...:::.:.. 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 tunes, 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 r Agreement. 00- OW 911 CoM:PSAFonnl(a)-RFP(Corp).doc 3 0 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. 10. 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 00- 911 CoM:PSAFortnl(a)-RFP(Corp).doc 4 0 keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as the may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnities") 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 propert6y 12. DEFAULT: If Prftder 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' "y 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 tliis 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 t f Provider being entitled to seek judicial relief in connection therewith. In the event that the 211 CoM:PSAFormJ(a)-RFP(Corp).doc 5 0 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 TERNUNATION 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. B. 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. 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 t. { in connection with Provider's performance under this Agreement on account of race, color, sex, CoM:PSAFortnl(a)-RFP(Corp).doc 6 00- 211 religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by reason of 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 contracta7%yith 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.y 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. 18. 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 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 f { 0— CoM:PSAPorm1(a)-RFP(Corp).doc 7 s 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: TO THE CITY: Cedars Healthcare Group, Ltd. Angela R. Bellamy dba / Columbia Cedars Medical Center Director 1400 N. W. 12th Avenue Miami, Florida 33136 Attention: C.E.O.; . Department of Human Resources P. O. Boz 330708 Miami, Florida 33136 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 shall 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 provision, 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 0— _ CoM:PSAFom1(e)-RFP(Corp).doc 8 event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by property authorized representatives of the parties hereto. 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 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 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. rights generally afforded classified or unclassified employees. Provider further understands that Florida 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 agent of Provider rendering services to the City under this Agreement. 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 representations contained in the Solicitation Documents. 25. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly, set forth the t i rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, 00— 911 CoM: PSAFurmt(a)-RFP(Corp).doc 9 negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 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, shall 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 and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the city until such time as ± ey 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. 94 4 CoM:PSAFormI(a)-RFP(Corp).doc 10 • • IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. «Cit,» CITY OF MIAMI, a municipal ATTEST: corporation By: Walter F City Clerk - Edward Marque anager "Provide ATTEST: a corpo n By Print Name: Print Name: (mac ..�...3 Title: Corporate Secretary Title: President Kea+4� 0 c'a-li APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: : `' ` °`, ` ' REQ MENTS: A. Q S, III MARIO SOLDEVILLA City Atto y Risk Management Administrator Risk Management Division t CoM: PSAFonnl(a)-RFP(Corp).doc 1I • Employment Drug Screening Services 1. All tests must be performed in accordance with City of Miami Drug Testing Protocol (copy attached; applicable pages 1-3;3-6 (Solid Waste Employees); 9-18; and 20 A&B). NOTE: Drug Testing protocol is subject to revision. - 2. All test must be performed by an individual who has the qualifications outlined on page one (1) of City of Miami Drug Testing Protocol. 3. Provider's testing facility must be currently certified by the Department of Health and Human Services (NIDA), and the State of Florida. 4. Provider's collection site and test facility must be located in the City of Miami. 5. Provider must be able to conduct the following tests: urinalysis (immunoassay), GCMS, blood alcohol level, and EBT. 6. Vehicle parking shall be provided at no cost to the City, employee, or applicantbeing`tested. 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. 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. 11. The City of Miami will only pay invoices submitted by the facility for whom',a Purchase Order has been issued. 00—� 12. 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. 13. Provider must be able to adhere to stringent turnaround times (see page 16 - LIUNA) and specified cut-off levels (see page 14) of City of Miami Protocol. 14. 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. 15. For employment drug screenings verbal results (negative) must be available within 24 hours of test. Written test results shall be delivered to the Departmentof Human Resources, 444 S.W. 2nd Avenue, 7d► Floor, within 24-48 hours of completion of test. 16. Testing is primarily for applicants, AFSCIvii3 and LMA (Solid Waste) bargaining union members, unclassified personnel and other employees as may be required. Note: City of hfiiami _ Drug Screening Protocol should be reviewed carefully to ensure Provider's . ability to comply with specified requirements and for detailed_,,;.:. specifications. f 00- 911 Attachment "B" CITY OF MIAMI REQUEST FOR PROPOSAL FOR DRUG SCREENING SERVICES - EMPLOYMENTIMISCELLANEOUS - (PART 1) Columbia/HCA/ Cedars Medical, Center Est Description Qty UnWExtended Cost Urine Drug Screen (11 drugs) 600 $13.50/$8,100.00 with Chain of Custody Urine Drug Screen (8 drugs) 15 12.25/183.75 with Chain of Custody Blood Alcohol Level Test with 15 10.00/150.00 Chain of Custody Evidential Breath Testing 15 15.00/225.00 GCMS Confirmation with 25 _._ 25.00/625.00 Chain of Custody Consultation & Testimony 25 hrs. 150.00/3,750.00' -- TOTAL PART 1 $13.033.75` ........ ....: ::...._:.,_ ,, : :: Other: Review by Medical Review Officer 600 0.00/0.00 EBT -Positive confirmations require a second test at $25.00 each. 25.00 each', Emergency Room collections Off-site testing Cost of Living Increase, if any, after 2 years. 3% 00`� 0 CITY OF MIAMI, FLORIDA '21 INTER -OFFICE MEMORANDUM TO: The Honorable Mayor and Members DATE: „ , FILE Vn. ommission SUBJECT: Assignment of Drug Screening Agreements FROM: arshaw REFERENCES: City Manager ENCLOSURES: RECOMMENDATION It is respectfully recommended that the City Commission adopt the attached resolution consenting to the assignment of three Professional Services Agreements for drug screening services, by Cedars Healthcare Group Ltd., dba Columbia Cedars Medical Center, to Integrated Regional Laboratories, a joint venture of which Cedars is a part. BACKGROUND On June 25, 1997 and August 5, 1997, three Professional Services Agreements were executed between the City of Miami and Cedars Healthcare Group Ltd., dba Columbia Cedars Medical Center for the provision of drug screening services (Police and Fire; Commercial Driver's License and New Hires and General Employees) for current and prospective employees. The Columbia/HCA Healthcare Corp. of which Cedars is a part, has entered into an agreement with MDS Laboratories, U. S., to form a joint venture by the name of Integrated Regional Laboratories for the purpose of providing laboratory services. 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 Cedars to assign the three Professional Services Agreements to Integrated Regional Laboratories is recommended. 1 00 211 REOUESTING ACCEPTANCE OF ASSIGNMENT ITEM: Drug Screening Services DEPARTMENT: Human Resources TYPE: Professional Services Agreement REASON: The Department of Human Resources has a need to conduct drug screening services for existing and prospective City of Miami employees. RECOMMENDATION: It is respectfully recommended that the Consent to Assignment with Integrated Regional Laboratories of three Professional Services Agreements be executed, to provide for drug screening services for the Department of Human Resources. Dk a for of Pur h rA lk u� Date AwardIssueRFQ 00— 0_ 2