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HomeMy WebLinkAboutR-88-0706J-88-716 7/18/88 EE:IU LUT IOW 140. A ii1;S0LUT10iJ Ur' AJ' AjIi1; "At-; `t , liq H r'uhl'; � ACC�,PTAN�Li- Y. TU ii: LlihtY HLi wl`hli Guli6ULan 1;[,uViLJt� UHUtI t; V1Vi�U I.ij1jll'IEiiT i.)i Dull.?lllYlY .L HI�Hltii'Ii YT FOH Ttir. PV,G i IJii NT H Pn0P06L'b vUtvr' ;;tju,UUU; A L ijo,.' Al2 I Jt; FUi,ll;; pfiU;-I b'dL),;v"' �i) FUND'; Of iiLt. �;L'i01 3 Ai)IY1llYi.1'hft1IVC, DEPAt Ti,1E!ri'3 A,JI) Ivjw'-, :;I'-"Ci. iW 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_ 1 1.. l _ -- �• C1 - - R +� l•1 c� r F• l= R n F J t 4 (= t_ t•t G, 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 uL - �.f2 lJE b : ►�a F--rM R 1nf4t1�L MG 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. . 4 9 A--%0fi ? � _ � l _ - •� -- .=..=. I J 1 _ 4 � : _ P r- V. f •) rl F, tf. 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. 7 -- Ns— 7Qfa L! L�i 3►?s`= 1.1 f - l7 6-1 ►. t 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 NH—'7Qti r� ; 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 .• t rt -s =i_L` wLj^ 'F4 : i F �r-..t.r. da"C r r• t •i 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. ...,... t ■ 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-/