HomeMy WebLinkAboutR-91-0235t
J-91-154
02/21/91
C7
RESOUITION NO. 9 1- 235
A RESOLUTION RATIFYING, CONFIRMING AND APPROVING, BY
AN AFFIRMATIVE VO►I"E OF 4/5THS OF THE MEMBERS OF THE
CITY COMMISSICNr THE CITY MANAMR' S EMERGENCY ACTION
IN MODIFYING THE TERMS OF AN AGREEMENT FOR THE
PROVISION OF LABORATORY SERVICES, BY TOXICCIAGY
TESTING SERVICES, INC., THEREBY INCREASING THE AMWNT
OF THE AGMDENT BY $35,421.11, WITH FUNDING THEREFOR
BEING AUCCATED FROM THE POLICE DEPARTMENT GENERAL
FUND, INDEX CODE 290201-260.
WHEREAS, the Personnel Management Department entered into an agreement
with Toxicology Testing Services, Inc., for the provision of laboratory
services, pursuant to Resolution No. 86-745; and
WHEREAS, these services were to include pre -employment, annual physical
drug/alcohol screening, and substance abuse testing when needed; and
WHEREAS, individuals to be screened were initially sent to the testing
facility of Toxicology Testing Services, Inc., located at 5426 NW 79th Avenue;
and
WHEREAS, in an effort to reduce the awmt of travel and down time
required by the testing process, negotiations between the Fraternal Order of
Police (F.O.P.) and the City of Miami resulted in a change of location for
testing, i.e. Cedars of Lebanon Medical Center which change has been
determined by the City Manager to be necessary on an emergency basis as set
forth in a written finding of the City Manager; and
WHEREAS, the change of location of testing was accomplished at
additional cost to the City of Miami; and
WHEREAS,' the final invoices received after the location was changed
reflected substantially increased prices attributed to technician travel time
which the Police Department has verified; and
WHEREAS, Toxicology Testing Services, Inc., performed tests during the
-months of May, 1988 to August, 1988, for which it has not been compensated;
and
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*MTM, the total mount r due to Toxicology Testing Services, Inc.,
for which it has not been paid is $35,421.11;
WW, '.I4 E , BE 1T RESOLVED BY THE COWaSSION OF THE CITY OF MtIW,
F`I:+t�Rltl�s -
Section 1. The recitals and findings contained in the Preamble to this
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Resolution are hereby adopted by reference thereto and incorporated herein as
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if fully set forth in this Section.
Section 2. After a properly advertised public hearing, the finding of
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the City Manager set forth in the Preamble to this Resolution is hereby
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ratified by an affirmative vote of four -fifths of the members
of the City
Ccmnission.
Section 3. The payment of $35,421.11 to 'Toxicology
Testing Services,
Inc., as satisfaction of all outstanding invoices for services rendered, is
hereby approved, with funding therefor hereby allocated
from the Police
Department General Fund, Index Code 290201-260.
Section 4. This Resolution shall became effective immediately
upon its
adoption.
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PASSED AMID ADOPTED this 14th day of March ,
1991.
XAVI. L.
001,
,MAYOR
MATTY HIRAI, CITY CLERK
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BUDGETARY REVIEW AND APPROVAL:
MANOHAR S. DIRECTOR
DEPARTHM OF
PREPARED AND APPROVED BY:
4.,ALBERIINE
B. SMITH
GRIEF ASSISTANT CITY ATIQTW
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APPROVED AS TO MW AND j70RRDCTNESS s
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3CITY Of: MIAMI. PLOMbA '
INTEA-OFFICE MWOUNbUM
TO. The Honorable Mayor and
of the City Commission
rROM
esar Odio
City Manager
Members DATE : MAR - 61991 F'LF
SUBJECT : Resolution Authorizing payment
for Drug Testing Services
REFERENCES:
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ENCLOSURES: a
It is respectfully recommended that the City Commission adopt the
attached Resolution ratifying the City Manager's action and
authorizing the final payment of $35,421.11, to Toxicology
Testing Services, Inc., for the provision of laboratory services
during the periods of May, 1980, through August, 1988. Funding
is to be from the Police Department General Operating Budget,
Index Code 290201-260.
The Police Department utilized the services of Toxicology Testing
Services, Inc., for the provision of drug tests as provided for
by Resolution No. 86-745. After two extensions the commission
authorized a third extension by Resolution No. 88-484. This
Resolution was adopted May 19, 1988. In an effort to reduce the
amount of travel and down time required by testing at the offices
of Toxicology Testing Services, Inc., located at 5426 NW 79th.
Avenue, negotiations were entered into between the Fraternal
Order of Police and the City of Miami. As the result of these
negotiations a change in the place of testing was instituted by
the Police Department and Toxicology Testing Services,`Inc.
To accommodate the changes, Toxicology Testing Services, Inc.,
provided technicians, on an hourly basis, to the Cedars of
Lebanon Medical facility, to administer drug tests. At the time
of the proposed changes, both parties were aware that this would
increase the cost of testing significantly.
The final invoices provided to the Police Department erroneously
categorized "portal-to-portal technicians' time" as courier fees.
This delayed payment of the invoices significantly. Upon further'
review of the invoices, and conversations with Dr Terry Hall,
the Police Department is satisfied that these charges are
legitimate and should be paid.
It is, therefore, recommended that the Resolution ratifying the
City Manager's action and authorizing the payment of $35,421.11
F to Toxic o l r+gy 'resting Services Inc., be approved. Funding will
be from the Police Department General Fund, Index 'Code 290201-
260.
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CItY OF MIAMI, FLOAft �..
INTER -OFFICE MEMORANDUM
to:
TO FILE BATE MAR - 6'169"'i"
SUBJECT Change in Terms for Drug
Testing Services
+ FROM REFERENCES:
j Cesar Odio
City Manager ENCLOSURES:
In and around April, 1988, the police department responded to
complaints voiced by the Fraternal Order of Police pursuant to an
agreement with Toxicology Testing Services, Inc. The issue
raised by the F.O.P. resulted from a requirement in the agreement
that the officers be tested at the offices of Toxicology Testing
Services, Inc., located at 5426 NW 79th Avenue. The F.O.P. was
concerned with the safety of the officers doing the traveling as
well as the decreased coverage due to lost time during travel.
To remedy the problem a 'decision was made to change the location
of testing to Cedars of Lebanon Hospital. The parties realized
that this would mean additional costs to Toxicology Testing
Services, Inc., who was to provide technicians to Cedars 'of
Lebanon Hospital. To cover these costs an additional $6,000 was
allotted to the program. This was not sufficient and costs
quickly exceeded the allotted amount.
In May of 1988, Toxicology's invoices reflected courier fees that
had not appeared on previous invoices. A dispute arose and the
police department refused to pay the final invoices. The entire
package was sent to the Law Department. for review and the
Business Management Section met with Dr. . Terry Hall, of
Toxicology Testing Services, Inc., in order to attempt to settle,
the dispute. The issue was resolved when it was explained that
these were "portal-to-portal technician" charges and not courier
fees. These were charges anticipated by the police department
when the location change was implemented. The police department negotiated these changes in good faith and
Toxicology Services, Inc., performed the testing to the
satisfaction of the police department. The police department has
recommended payment of the final invoices, in the amount of
$35,421. 1, to close out this account. Legislation has been
prepay to ratify my concurrence with this recommendation.
APPROVED:
CESAR H. ODIO, CITY MANAGER
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CITY OF MIAMI,
FLORIDA
INTER -OFFICE
MEMORANDUM
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Manohar S . Surana
DATE FEB 2 1901 FILE :
Director
Department of Budget
SUBJECT Resolution Authorizing
Payment.
of Drug Testing Services
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Major bonald Warshaw
REFERENCES
Commander
ENCLOSURES
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Business Management Section
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laboratory services