HomeMy WebLinkAboutR-88-0706J-88-716
7/18/88
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FUND'; Of iiLt. �;L'i01 3 Ai)IY1llYi.1'hft1IVC,
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PKUGHAI.16 AND AGCuUI,Ti ;, L1BtJ L� L' `i'U
` iiE AVAILABILIT OF FU:ib-2.
4HEHEA:3, 22 invitations along wit:L 14 courtesy invitr_itions
were mailed to various firm: for the purpose of :-,ecuring bro:�ci
ranee of providers of drug screening services3; and
W.1EiiEA!3, thi.3 service, will be used by the Department of -
Personnel Kana6emerit for ti:e purpose of performirie, drug screening
profiler as part of pre-employ►nent, designated annual and
miscellaneous phy6ical exa►ninatioris acid to perform substance
abuse testing; when needed; and
WHEREAS, competitive riegotiations were conducted with
Consulab, Inc., SmithKline, Inc., and Toxicology Testing Service,
Inc., and
WHEREA'.3, the City Hariager and the Assistant City Manager for
the Department of Personnel Management recommend that this one
year agreement for drug screening services to be provided by
Consulab, Inc. be approved; and
WHEREAS, funding is available in the operating budgets of
the various administrative departments and in Special Programs
and Accounts to cover, the cost of said agreement for the
remainder of the current fiscal year and similar funding will be
made available for the next fiscal year;
14OW, TaEriEFORE, BE IT HEJOLVED BY THE COMMISSION OF TqE CITY
OF KIANI, FLORIDA:
Section 1. The City Manager or designee is hereby
authorized to execute an agreement, in a form acceptable to the
.TA n
CITY C0MIti'Ii:;aIG01
MEETING OP
RESOLUTION No. HS— IQ(i.
REMARKS.
2
4
City Attorney, with Consulab, Inc., to provi e screening
services f'or the Department of Per:,onnel. i,;,- i r ia 0eillent for tiie
period of one year at a proposed coat of '0`60,000 with funds
therefor being hereby allocated from budgeted fund:i from the
City's administrative department:; �itid Special Fru6rwiio and
Account:3.
Section 2. The City i.laiiaCrer 10 tie ruby authorized to
instruct the Ctiief Procurement Officer to issue a Purcliaoe Order
for this service, subject to the availability of furndb.
PASSED AND ADOPTED this 21st day of July ,
1988.
ATr o
140TY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
46t./ -x,
Aao.-
ROBERTF. CLARK
CHIEF DEPUTY CITY ATTORNEY
BUDGETARY REVIEW & APPROVED BY:
& le
MANOHAR a. SURAWA, DIRECTOR
DEPARTMENT OF MANAGEMENT & BUDGET
FINA14CE REVIEW & APPROVED BY:
CARIMS, GARCIA, DIRECTOR
DEPARTiiT OF FINANCE
APPROVED Aa To FORM AND CORRECTNEaa:
R E 14ANDE
CITY ATTORI 'Y
-2- SS -'706.
TIII - <0- 1JED
t �aF• PFP!7-'0V4f41 L III
,/�
PROFESSIONAL SERVICES AGREEMENT
Thin Agreement enteted inter t.11ie day of
19_e roy anA between the City of Miami, ti mut►i t: i jlal
�:r)ti'joratiurt of the state c,f riori,la, 1-kear-inafter referreA to as
"CITY", and Consul.ab, Tnc., he�,reinaft.er refetred to as
"PROVIDER."
R E C I T A T,t
WHEREAS, the CITY is desirooR of luntering into an agreement
with Consulab, 1110• fur the purpose of securing a firm to provide
shuts screening services; and
WHEREAS, this service will be used by the Pepartmc-nt of
Personnel Management for the purpose of performing drug screening
profiles as part of pre -employment, designated annitaI .and
miscellaneous pltyaic:al exami nat. ions and to perform substance
abuse testing when needed; and
WHEREAS, funding is available in the operating budgets of
the various administrative- Aepartments and in Special Programs
and Accounts to cover the cost of said Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and
obligations herein contained, and subject to the terms and
conditions hereinafter stated, the parties hereto understand and
Agree ae follows:
I.
TERM;
The term of this Agreement shall be from the 25th day of
July 198E through July 25, 1989 with the option to extend for two
(2) additional one year periods at the same prices, terms and
conditions and subject to the availability of funds for the
succeeding fiscal years.
HN-70Fi_
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xi.
SCOPE ON SWAVICKS:
PROVIDER will provide the services included i ti Attaclimt nt
"A" ns i nroi pornt eA herni n.
M.
COMPENSAT1ONt
A) CITY shall pay PROVIDER, as maximum compensation for the
services required pursuant to ParagraPh II hereof, eightY --
thousand dollnrs ($80,000) for the first year of this Atjieerient.
The annual compensation will vary as the number of drug Profiles
requested will vary anncially. Attached and incorporated herein
as Attachment "B" is the itemized unit cost for drug screening
services.
B) Such compensation shall he paid on the following bautu:
1) Payment shall be made monthly for work performed the
previous month upon surmi ssion of Properly certified invoices.
C) CITY shall have the right to review and audit the time
records and related records of PROVIDER pertaining to any
payments by the CITY.
IV.
COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS:
Both parties shall comply with all applicable laws,
ordinances and codes of federal, state and local governments.
V.
GENERAL CONDITIONS:
A) All notices or other communications which shall or may
be given pursuant to this Agreement shall be in writing and shall
be delivered by personal service, or by registered mail addressed
to the other party at the address indicated herein or as the same
may be changed from time to time. Such notice shall be deemed
given on the day on which personally berved; or, if by mail, on
. _ 2 111
ill
FIS-'706
I11t.- t9 - l•JF. I� .S =t i F='l.F'`:tlf1f4EL MCA f ��•7
the fifth flay aftor being poste(( 01 the date of act.uAl receirt,
wbichever i* earlier.
CITY OF MiAMi PROVIDER
Angela R. Bellamy Cvnsulr:b, Inc.
Assistant City Manager 1400 N.W. 12t1► Avpntle
City of Miami Miami, Fil 33116
of f ive of tll(- Ci t.y Mnnnger
P. 0. Box 330709
Miami, rt, 33233-070A
B) Title and paragraph headings are for rofiventent
reference and are not a part of thie Agreement.
C) In the c�vetit of conflict between the terms of this
Agreement alai any terms or conditions contained in any attmeheA
tlocument.s, the: terms iri this Agreement shall rule•
D) No waiver or breac:li of any provision of this Agreement
bt,all c:ur113t.itute a waiver of any subsequent breach of the anme or
any other p1:ov19i011 hereof, and no waiver shall be effective
unless made in writing.
E) Should any provisions, paragraphs, sentences, words or
phrases 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 riorida or the City
of Miami, such provisions, paragraphs, sentences, words or
phrases shall be deemed modified to the extent necessary in order
to conform with such laws, or if not modifiable to conform with
stfch laws, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall
remain unmodified and in full force and effect.
Vi.
OWNERSHIP OF DOCUMENTS:
All documents developed by PROVIDER under this Agreement
shall be delivered to CITY by said PROVIDER upon completion of
the services required pursuant to paragraph Ii hereof and shall
become the property of CITY, without restriction or limitation on
its use• PROVIDER agrees that all documents maintained and
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generated pursuant to this contractual relationship between CTTY
and PROVIDER Shall be subject to all provisions "t the P»biic
Records Law, L-11apter jig, Florida Statut_et.
it is further understood by and between the p.grties thnt any
information, writings, maps, contract documents, repeats or any
other matter whatsoever which is give[' i,y CITY to PROVIDER
pursuant to this Agreement shall at all times remain the property
of CITY and shall not be used by PROVIDER for any other put•poeee
whatsoever without the written consent of CITY -
NONDELEGABILITY:
That the obligations undertaken by PROVIDER pursuant_ to thin
Agreement shall not be delegated or assigned to any other person
or firm unless CITY shall first consent in writing to the
performance or assignment of such service or any part thereof by
another person or firm.
VIII.
AUDIT RIGOTS:
CITY reserves the right to audit the records of PROVIDER
pertaining to the work and payments related to this project at
any time during the performance of this Agreement and for a
period of one year after final payment is made under this
Agreement.
IX,
AWARD OF AGREBMENT s
PROVIDER warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement
and that it had not offered to pay, paid, or agreed to posy any
person employed by the CITY any fee, commission percentage,
brokerage fee, or gift of any kind contingent upon or resulting
from the award of this Agreement.
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X.
CONSTRUCTION OF AORFF.MENT:
This Agreement shall be cc,nsttut.<1 acid e11f0 LQe(1 nccr)rAing to
the laws of the state (,f Flul id a.
XI.
SUCC09SORS AND ASSIGNS:
This Agreement shAll be binding ui)oti ttie partics herein,
their heirs, executors, legal representatives, succe.%saorA, and
aeeigne.
XTI.
INDKMN1PTCATTON:
PROVIDER shall indemnity and save CITY harmless from and
against any and all claims, liabilities, lo9sen, and causes of
action which may arise out of PROVIDER's activities under this
Agreement, including all other acts or omissions to act on the
Part of PROVIDER, including any person acting for or on its
behalf, anA, from and against any orders, judgments, or decrees
which may be entered and from and against all costs, attorneys'
fees, expenyr:s and liabilities incurred in the defenses of any
such claims, or in the investigation thereof.
XIII.
CONFLICT OF INTEREST:
A) PROVIDER covenants that no person under its employ who
presently exercises any functions or responsibilities in
connection with this Agreement has any personal financial
interests, direct or indirect, with CITY. PROVIDER further
covenants that, in the performance of this Agreement, no person
having such conflicting interest shall be employed. Any such
interests on the part of PROVIDER or its employees, must be
disclosed in writing to CITY.
B) PROVIDER is aware of the conflict of interest laws of
the City of Miami (City of Miami Code Chapter 2, Article V), Dade
County Florida (Dade County Code Section 2-11.1) and the State of
. - 5 - HS-706
t•f r;
FiortdA, and agrees that. it shall fully comply in all respects
Wit11 t1i" terms mf said ]aws.
XiV.
INDEPEND121T CONTRhOTOR.
PROVIDER and its erployees and agents shall be deemed to hP
independent contractors, and not a(lent-4 or emplc,)yees of CITY, and
shall not attain arty rights or benefits under the Civ11 9c.rvicp
or Pension Ordinances of CITY, or any rights generally Afforded
classified or unclassified employees; further he/ahe shall not be
doemed entitled to the Florida Workers' Compensation be-nef i t as es
an mmployee of CITY.
XV .
TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any
time prior to the completion of the services required pursuant to
paragraph 11 hereof without penalty to CITY. In that event,
notice of termination of this Agreement shall be in writing to
PROVIDER, who shall he paid for those services performed prior to
the date of its receipt of the notice of termination. In no
case, however, will CITY pay PROVIDER an amount in excess of the
total sum provided by this Agreement.
It is hereby understood by and between CITY and PROVIDER
that any payment made in accordance with this Section to PROVIDER
shall be made only if said PROVIDER is not in default under the
terms of this Agreement. If PROVIDER is in default, then CITY
shall in no way be obligated and shall not pay to PROVIDER any
sum whatsoever.
XVI.
NONDISCRIMINATIONt
PROVIDER agrees that it shall not discriminate as to race,
AeX, color, creed, national origin, or handicap in connection
with its performance under this t►greement.
. - 6 -
SS -706)
T I 11. _ t� - si : 1•i f- Is .+ f? F F r: s fJ f J f= L r1 GAS C - ►t
Futthe rmoIe, that. no r3therwise qualified indivi(ILIA I ghnII
solely by reason of his/her race, sex, color, creed, nntiotnal
origin, or handicap, be excluded from the par.t.icipation in, he
denied bent -fits of, or he subjected to discrimination trncler Any
program or activity receiving federal financial .�ggigtenr.c.
XVII.
MINORITY PROGURmFxT coMPLIANC6:
PROVIDER acknowledges that it has been fU[iti91led a cony of
Ordinance No. 10062, the Minority Procurement Ordinance cif the
City of Miami, and agrees to comply with all applicable
substantive and procedural provisions therein, including any
amendments thereto.
XVIII.
CONTINGENCY CLAUSE:
Funding for this Agreement is contingent on the availability
of funds and continued attt'hortzation for program activities and
is subject to amendment or termination due to lack of funds, or
authorization, reduction of funds, and/or change in regulations.
XIX.
DEFAULT PROVISION:
In the event that PROVIDER shall fail to comply with each
anti every term and Condition of this Agreement or fails to
perform any of the terms and c-r,nditions contained herein, then
CITY, as its Sole option, upon written notice to PROVIDER may
cancel atui terminate thin Agreement, and all payments, advances,
or other compensation paid to PROVIDER by CITY while PROVIDER was
In default of the provisions herein contained, shall be forthwith
returned to CITY.
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XX.
SMTx KE At7diEM i
Thiis instrument and its Attachments constitute the tole. and
only Agreement of the parties hereto reinting to said grant anA
correctly sets forth the rights, duties, and obligations of ench
to the other as of its date. Any prior agreement.e j promieeg,
negotiations, or representations not expressly set forth in this
Agr eoment. are of no force or c-f f ect .
XXx.
AMENDMENTB:
No amendments to this
Agreement
shall
be binding ort either
party unless in writing and
signed by
both
parties.
IN WITNBB3 WHEREOF, the parties hereto have caused thin
instrument to be executed by the respective officials thereunto
duly authorized, this the day and year first above written.
ATTEST:
MATTY HIRAT
City clerk
A'TTHST:
Corporation Secretary
WITNESS:
r As -CO PROV
(NOTE: If PROVIDER is not
a Corporation, two
witnesses must sign.)
APPROVED AS TO INSURANCE.
REQU 1 REmEN,rs :
inlsurance Manager
---
CITY OF MIAMI, a municipal
Corporation of the State of
Floridae
By: __
CESAR N. t�DIO
City Manager
PROVIDER:
Hy
t e
(Seal)
APPROVED AS TO FORM AND
CORRECTNESS:
TaiRU9 L. TERNANDEM
City Attorney
s
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ATTACHMENT A
DRUG SCREKNING PROFILES
SCOpR OF SERVICES
1• PROVIDER QUALIFICATIONS
A. The provider must have a qualified individual to assume
professional, organizational, educational, and
administrative responsibility for tile- laboratoty'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 fot this indt vidual are;
- Certific:ation 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 toxicologyt or
-- Training and experience compaLable to a M.D. in one
of the natural sciences, sue-h as a medienl or
scientific degree with additional ttair;ing and
laboratory/research experience in biology, chemistry,
and pharmacology or toxicology;
- 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.
l;. T1te provider must Have a certifying scientist 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
phlebotomists must be available to iiraw blood specimen.
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 tbu provider.
Laboratory facility must be currently licensed by the
Florida Department of Health and Rehabilitative Services
Page 1 of 6
RN- 70f;
DRUG SCREENING PROFILES (Continued)
in clinical chemistry. L►tboratt,ry lutimt ttAVv t}tn
capability of performing drug accvenings Anti SCNS
confirmations at the same facility.
The provider's premises anti equipment. mu:gt have pnsc.eA
Federal And State inspections. Volumetric pipettes and
measuring devices shrill he certified for accuracy or be
checked by gravimetric, colorimetric, or other
verification procedure. Automatic pipettes and dilttt.ors
shall be checked for accuracy and reproducibility before
being placed in service and checked periodically
there ^ftear.
There shall be written procedures for instrument setui+
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 stage3 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 established by the Department of Health anti
Human Services.
E. The provider must have experience in handling toxicology
specimens (both urine and blood) and provide a well
documented chain of custody for all testa-
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
Page 2 of 6 w -
DRUG SCKEENING PROPIbES (co Iktinue�l)
of the methods, cutoff values, mechanisms foc reporting
results, controls, criteria for unacceptable tipecimens
and results, remedial actions to be taken when the test
systems are outside of acceptable limits, reHgents anti
expiration dates, and references. Copies of All
procedures and dates on which they are in effect shall
be maintained as part of the manufAl.
G. 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.
2. INSURANCE
Within ten (10) days after notification, this provider shall
furnish Evidence of Insurance to General Services
Administration. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on
the attached sheet "Insurance Requirements."
3. OTHER
A. All tests shall be performed In accordance with protocol
established by the City.
A. Vehicle parking shall be 1?ruvidea on the premises nt no
cost to the City employee, or applicant being tested.
C. Provider's facility shall have sufficient reception
area.
D. Provider must be able to perform drug testing on a 24
hour per day, seven day a week basis.
E. The city of Miami will only pay invoices submitted by
the medical facility for whom a Purchase Order has been
issued.
F. Provide all necessary supplies (e.g., tamper proof
presealed empty containers) needed for collection,
testing and storing of specimens. Urine specimens
certified to contain no drugs must be used for all
testing.
0. Store positive specimens for a minimum of two (2) years,
longer upon request; negative specimens must be stored
for ninety (90) days.
Page 3 of 6
9S-70Fi
-.�r�r� -' iJ_L�.1� S 1 1 F' E_ 1• �_� 11 1J k. 1 F 1
DR11G SCREENINd PROFILES (Continued)
tl. perform accurate urine Bind/car bl ooci at uy nereening
profiles for the druys listed below, at leant At t.lru
following levels or lower it requemterl.
Screening RRA
CuL-off Level Members
2!29 (NOLliL) —O n 1 Y ___
- Amphetamines 3no 11000
-- Barbiturates 300 300
- Ha nzodiamepines 300 300
- Cocaine* 50 50
- cannabiriuids* 20 40
Methadone* 300 ---
Methaqualong* ln0 '150
Opiates* 300 18000
Propoxyphene 300 --
Tricyclic Antidepressants 300 --
Phencyclidine (PCp)k 25 25
NOTE: -- If requested, urine and/or t.)lvod drut3 mcreena
for sworn Police personnE:l dur ing annual
physical and for any other designated
classification will be for thuse drugs with ail
asterisk (*) only.
-- Specific cutoffs for testing will vary by
bargaining unit and are subject. to revinion.
-- For SEA Bargaining Unit inembors only, the
Presence of marijuana metabolite muHt be
confirmed at 20 ng/ml. For all other drugs,
employees and applicants, the confirmatory
test (GCMS) shall detect the confirmed
presence of a subetanee.
I. Witness collection and provide chain of custody.
Urine collection must be witnessed by laboratory or
authorized City employee of same gender. Chain of
Custody shall include completing necessary forms in
their entirety, placing initialed evidence tape
completely around the lid to Real all filled containers,
securing positive identification of all specimen donors,
logging all dates, times, locations, etc_., of employees
that handle, test or witness collection of specimen and
performing exhaustive security of all samples during
collection, transportation, testing and storage of
samples.
J. Initial screen to be performed using EMIT or similar
method selected by the City; Perform second EMIT test or
similar method on same sample for all positive result*.
Page 4 of 6 HS-706
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DRUG 5CREENINO PROFILES (Cont inued)
K. Perform Gas Chromatography Mass Spectrometry ((;Cmq) on
all positive results of cut rent employees end an
requested for applicants-
L. Perform blood Alcohol level test on request.
M. Personnel involved in the a rlrninistrntion of dreg ar.reene
as required by the City vt Miami or Court must testify
on behalf of the City in care of a Civil Service hearing
lawsuit, or similar procep-dings, relative to testing
procedures and/or chain of Custody. Qua lifieA
laboratory personnel must also be available to meat with
City representatives to discuss testimony related to the
afotement toned proceedings.
N. In conjunction with the drug screening component of
Police and Fire annual physicals, spacial arrangements
must be made for collection of specimen at site of
physical examination. Flours of collect ioti may vary but
an example would be 8:00 a.m. to 1 1 :00 a.m.; 2 : 3b p. rn.
to 4t30 p.m. and 10:00 p.m. tco midniyht.
O. For pre -employment verbal ressult:r must be avallable
within 24 hours of test. Written test re8ult�3 shall be
delivered to the Department of Per:3or►trel Matingement,
1 147 N.W. llth Street within 24-4A hours of completion
of toot.
P. Durin2 Police annual physical dru.I screens and "for
cause and/or reasonable suspicion testing of sw.,-jrn
police personnel, results from initial screen must be
available within 2 hours. If results are positive, GCMS
must be starter] immediately so that. employee con be
informers of GCMS results. If GCMS results are positive,
provider must be available to collect and Lest a secodr
sample. The second test must be held within 12 hours
after notice that the first test was positive.
For Cause and/or Reasonable Suspicion testing of current
employees will also require results from initial screen
as soon as possible (preferably within two (2) hours)
and confirmation of positive results with OCHS .
NOTES Time frame regttirementa for results vary by
bargalning unit.
0. The provider shall provide to the City a monthly
statistical summary of urinalysis testing. Tltt: summary
shall contain the following informations
Page 5 of 6 9N-70G.
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■
I'I - I I ! 1 1 4 1 l
nRUG SCREbRINO PRof3LES (Conti"Upei)
-- initial `resting:
* Number of specimens reneivad
• Number of specimens reported out= And
* Number of specimens set eetted positive f6r!
Amphet�minea
Barbiturates
Benzotli heepi ties
Cocaine
cannnbi not ds
- Methadone
- Methaqualonn
- Opiates
Propoxyphene
Tricyclic Antidepressants
Phencyclidine (PCP)
--- Confir■:atoty Testing:
* Number of specimens received for confirmation;
* Number of specimens confirmed positive for:
- Amphetamines
-- Barbiturates
flenzodiazepines
Cocaine
Cannahinoide
Methadone
Methaciva lone
Opiates
Propoxyphene
Tricyclic Antidepressants
Phencyclidine (PCP)
R. The Statistical Summary outlined aT)ove should also be
provided for Police annual physicals and Fire annual
physicals.
S. Maintain strict confidentiality of all employee/
applicant records except when giving toatimony in an
arbitration hearing, grievance, Civil Service hearing,
Court of Law or similar proceeding. No information
regarding specific test results should be divulged to
anyone other than authorized City personnel.
Page 6 of 6
1, - "IN--70C;
ur. _' 1 L.1? _ 1_ r• f r• r I 1 F` I !,, T
INWRAM. MUnrm*ws
11: •I.n•
1. IYovider will not be permitter) to lxyin v:)rk put!3mint- to triy lxrrclihse
order unless they have obtained inslirancc c-overagcl as srecif Icki helcm.
2. All required insurance shall be written on an cccarrrence Msis unless
otherwise specified.
3. rf the provider is required to name the City as an Pdditiorial Insured cn
their policy or policies, it is the intent_ of the City that the rewired
coverage shall be primarily in the event of any loss arising cart of
arils or ha7.vards covered by those Fx.rlicies.
4. All insurance policies required imist be written ley n cxNr>,any or
O-)q>anies rated at least "A" as to ranagement and at leaast "Class V" as
to fim-Ancial strength in the latest edition of the Nest's Insurance
()ride, p blished by Alfred M. Best C.o. , Inc. , Oldwick, N.J. 02858-9938.
5. The provider will be expected to furnish a Certificate of Tnsurance to
the City cic3arly indicating conformance with these requirements.
Certificates shcxrld be foxwarde,', to;
City of Miami
Insurance Mnmger
P. O. Sm 330700
Miami F FT. 33133
I. Liabi�t 7be provider shall obtain and maintain in force for the
length of this agreement General Liability Insurance Gaverage or its
equivalent with at least a comhined single limit of $1,000,000.00 per
cxcurrence for bodily injury and prcperty damage liability.
2. Cover : ThO following extensions of liability coverage shall bm
included in the required policy or 1'x,lieiea:
Coves 4
Professional Liability
TAmi is
$1,000,000.00 CSL
3. Pkuker's qTt tfon: 'ate provider shall obtain and mintain in ford:
Tiring the life of this agreement Worker's Compensation insurance as
required by Chapter 440, Florida Statutes.
4. Cancellation or Modificaaticx►: The policy Vr fx,liciea of it-ourance
ri—q5ir6d shall be written in a m'rtuier such that the Fulicy or policies
may not be cancelled or materially changed without 30 days advance
written notice to the City of Miami. Written notice Tkall be sent to
Insurance Manager, at the above address.
5. Additional Insured Endorsement: All liability insurance IxAlcies Shall
r_ erylorisM to name e C ty� of Miami as an Ariaitioml Insured. 'rhe
Additional Insured endorsement may be cxralifieti to restrict the rights
of the City of Miami as an insured to those hazards within the scope of
the rnntract.
Urine bruq; sr. rues
With Chain of Custody �iru�,•,)
with Chain OE�r�1'n (11 rirur�jgj
O'rlatt>rly
8100d Alrnhnl Level Teat
with chain e.4 Clrratari
Y
Urine drug Sr. rrtr}rl (6 cirugq )
with chain of Cuatr>�i?•
H100d Drug Screr+n (ri �Irugq)
with Chain of Custody
UMS Confirmation
With chain of Custody
Consrrltatir)ll 4 Testimony
(Ituuie rleede,i fOr Molly
anQ Testimon
fUrP Y will varyo there-
. unit c�arrt $hauid a jeer hour basis] be on
r,ist any additional cflerges necessary,
to Sect "0 terns of the contract.
Radiated
Ou�A_rltity
1r3
noTgt Quantity tir3uras represent w,
And may vary. stilnates
170
• 25
530
100
V. . 1
A" VACHMPrar
"hit Cost
15.00
$Po.00
MOO
$10.Of)
0O
j;
1
$37.50 !
$15c).00/Hour
(Maximum fee for (joctor.: level personnel--.kf[)
Technical PI
personnel fey
Is S100.00 Per horsv)
G 9 lid c -• 1i1r ea61
W.
HS-706,
--�ORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
i
Q
=Qoa+4JOe L. Fer andez
E
July 21, 1988
City Commission Meetings:
7/14/88-Agenda Item: #C39
—_=GE'aCES
City Attorn 7/21/88-Agenda Items: #2, 04,
_'-CLOSUFES 45, #15, *33 and Non -Agenda
(4)
The following information and material should be considered by
you in your deliberations at today's Meeting. The City Clerk has
informed our office that the continued items from the July 14th
Meeting Agenda will be designated with the letter "C" preceding
numbered items from that Agenda:
Agenda Item *C39 (J-88-696) [Resolution rescinding
portion of previously adopted Resolution, allocating
funds, approving guidelines for pilot program and
authorizing contracts] We have been informed by the
City Clerk that on July 14th in your consideration of
this item (City-wide Business Development Pilot
Program/Guidelines/Loan Committee) no roll call vote
was taken on either the enlargement of the Loan
Committee to include Assistant City Manager Herbert J.
Bailey or on the agenda item itself. Accordingly, we
have added the name of Herbert J. Bailey in the
Resolution and request that you formally adopt this
item which essentially formalizes your previous action
at the June 23, 1988 City Commission Meeting.
agenda Item #2 (J-88-714) [Resolution accepting
donation of vehicle] We have added language to this
Resolution that will condition your approval of the
donation of a vehicle from the Integrity Insurance
Company "upon compliance with all applicable state
and/or federal laws"; also added to the Resolution is
the serial number of the subject vehicle.
SS--706
Honorable Mayor -nd Members July 21, 1988
of the City Commission Page 2
Agenda Item #4 (J-88-715) [Resolution allocating funds
and authorizing an agreement to establish a homeless
shelter] The terms and conditions of the agreement in
regard to the homeless shelter grant implementation
were not reflected in the Packet Material and a copy of
the Agreement is attached for your consideration.
Agenda Item #5 (J-88-716) [Resolution approving
professional services agreement for drug screening
services] At the time of Agenda Packet distribution.
the subject agreement of this proposed resolution was
not available. For your reference, we are attaching
the agreement which has been approved by our office.
NOTE: At the time the Consent Agenda is voted upon. if Item 42
is not removed from the Consent Agenda and considered separately.
there should be an amnounoement made by the Mayor that Item #2 is
being voted upon 'as modified'.
Agenda Item #15 (J-88-699) [Ordinance acknowledging
and consenting to merger of City Franchisee with N.U.I.
Corporation] To fully protect the interest of the City
and pending receipt of necessary documentation, we have
added the following language to the Ordinance as
distributed and inserted language in the title to
reflect the conditional nature of your approval:
"The herein acknowledgment and consent is
predicated (a) upon the current Franchise
being in compliance with all applicable
provisions of county. state and federal law;
(b) upon the receipt by the City Attorney of
a report from the City Manager that payments
due the City under the Franchise have been
paid and are not delinquent; and (c) upon the
City Attorney's receipt of proof that all
insurance requirements under the Franchise
have been met. When the provisions of (a),
(b) and (o) above have been satisfied, the
City Attorney shall file a written
certification to that effect with the City
Clerk."
98-'706
■
Honorable Mayor and Members
of the City Commission
July 21, 1988
Page 3
We have just been informed by counsel for the City
Franchisee that the existing Franchisee (City Gas
Company of Florida) is being absorbed by merger into
Elizabethtown Gas Company of New Jersey instead of
N.U.I. Corporation. Accordingly, a new ordinance
reflecting this relationship is being prepared and will
be distributed to you prior to your consideration of
this item; all of the conditions noted above appear in
the modified ordinance.
Agenda Item #33 (J-88-736) [Discussion of requirement
that any future leases of City -owned property to
private clubs contain an affirmative action plan] As a
frame- of reference in the consideration of this item
you will find attached a copy of the City's Minority
Procurement Program Ordinance. Suggestive counterpart
language in connection with this subject is reflected
in the attached proposed ordinance that incorporates
I language that has been i luded in some past lease
agreements where private c have leased City -owned
property.
NON-SCHED 'ITEMS
In addition to a previously forwarded Non -Agenda Item
(J-88-732); namely, an emergency ordinance adopting
recent revisions to the South Florida Building Code,
our office has prepared a resolution (J-88-735) at the
suggestion of Commissioner Plummer and upon request of
the City Clerk:
Non Agenda Item (J-88-735) [Resolution establishing a
Committee to assist canvassing of election results on
the night of an election] As evidenced by the attached
memorandum of November 8, 1985, the City Clerk is
empowered by the City Code to perform all duties and
functions in connection with municipal elections. Ms.
Hirai requested that we prepare the attached resolution
which provides for the appointment of an Elections
Committee composed of one member of the City Commission
and the City Attorney, or his designee, to assist the
City Clerk in the canvassing of election results on the
night of the election.
JLF:RFC:bss:P586
88—'70b
Honorable Mayor and Members
of the City Commission
Duly SY, lose
page 4
oo: Cesar H. Odio, City manager
Natty Hirai, City Clerk
Herb Bailey, Assistant City Manager
Angela Bellamy, Assistant City Manager
Chief Perry Anderson. Polioe Department
Carlos S. Garoia, Direotor, Department of Finanoe
Frank Casteneda, Direotor, Department of Community Development
Ron S. Williams, Direotor
General Servioes Administration
Al Armada, Property and Lease Manager
Linda B. Bearson, Assistant City Attorney
Rafael Suarez -Rivas, Assistant City Attorney
Adrienne L. Friesner, Assistant City Attorney
88-706
TO
FROM
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
Honorable Mayor and Members
of the City Commission
Cesar H. Odio
City Manager
RECOMMENDATION
DATE J U L 1 •� r y�� t
SUBJECT Recommendation
Execution (Drug
Services)
REFERENCES
ENCLOSURES.
5
FILE
for Agreement
Screening
It is respectfully recommended that the City Commission authorize
the execution of an agreement in a form acceptable to the City
Attorney with Consulab, Inc., to provide drug screening services
to the Department of Personnel Management for one (1) year at an
estimated cost of $80,000.
BACKGROUND
In an effort to secure a broad range of providers, invitations to
perform drug screening services for the City of Miami were sent
to 22 firms along with 14 courtesy invitations. This effort
resulted in responses from three firms, one of which acknowledged
they were unable to perform the services requested. Competitive
negotiations were then conducted with the two remaining
respondents - Consulab, Inc. and Toxicology Testing Service, Inc.
and a third firm SmithKline Bio-Science Lab, Inc. Based on an
evaluation of the firms, which included a cost comparison, it is
recommended that the City enter into an agreement with Consulab
to perform drug screening services.
Drug screening services will include pre -employment drug profiles
on all new hires, annual physical drug profiles for police and
fire sworn personnel and other designated classifications,
substance abuse testing as needed and certain designated physical
examinations (i.e., promotional, fitness for duty, etc.). The
need for such services is mandated by Commission policy and the
various labor agreements.
Provisions have been made within the fiscal year 1987-88
operating budgets of the City's administrative departments and
Special Programs and Accounts to cover the cost of these
services. Similar funding will be made available for the next
fiscal. year.
98 -706
s-/