Loading...
HomeMy WebLinkAboutExhibit 2PROFESSIONAL SERVICES AGREEMENT This Agreement is entered into this day of 200_ by and between the City of Miami, a municipal corporation of the State of Florida ("City") and Work Injury Solutions of Dade County Inc., d/b/a Health Care Center of Miami ("Provider"), a Florida corporation. RECITAL A. The City has issued a Request for Proposals ("RFP") for the provision of drug screening services ("Services"), Part I Services: Employment Drug Screening Services and Reasonable Suspicion Drug and Alcohol Screening Services for General Employees (_A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part II Services: Sworn Fire Drug and Alcohol Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part III Services: DOT Drug and Alcohol Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part IV Random and Reasonable Suspicion Drug and Alcohol Screening Services for AFSCME, Local 871 Employees (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); and Part V Services: Sworn Police Drug and Alcohol Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services), and Provider's proposal ("Proposal"), in response thereto, Work Injury Solutions of Dade County, Inc., d/b/a Health Care Center of Miami, has been selected as the most qualified proposal for the provision of Part III Services: DOT Drug and Alcohol Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO 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. Ni 6q -'1q5 B. The Commission of the City of Miami, by Resolution No. , adopted on , 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. 2. TERM: The term of this Agreement shall be for an initial two (2) year periods commencing on the effective date hereof 3. OPTION TO EXTEND: The City shall have three option(s) to extend the term hereof for a period of one year each, subject to availability and appropriation of funds. The City shall exercise its right to extend the term hereof by giving Provider thirty (30) days written notice prior to the expiration of the previous term. City Commission approval shall not be required as long as the total extended term does not exceed three (3) years. 4. SCOPE OF SERVICE: A. Provider agrees to provide the Services as specifically described, and under the special terms and conditions set forth in Attachment "A" hereto, which by this reference is incorporated into and made a part of this Agreement. 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 CoMYSA & Corp Reso Drug Testing Health Care Center of Miami 2 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 incorporated into this Agreement; provided, however, that in no event shall the amount of compensation exceed $67,375 [per year]. An increase not to exceed 10% in the amount of compensation which shall be effective on the first day of the first option period and remain in effect through the first renewal term. Prices for second optional period will remain the same as those approved for the first optional period, if the City exercises the option to extend the Agreement a second time. B. Unless otherwise specifically provided in Attachment "B", payment shall be made within forty-five (45) days after receipt of Provider's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should City require one to be performed. If Provider is entitled to reimbursement of travel expenses (i.e. Attachment "B" includes travel expenses as a specific item of compensation), then all bills for travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. 6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material for any other purpose whatsoever without CoMPSA & Corp Reso Drug Testing Health Care Center of Miami 3 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. 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 18-100 & 18-101 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. COMTSA & Corp Reso Drug Testing Health Care Center of Miami 4 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 keeping, etc. City and Provider agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees and agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as. "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Provider or its employees, agents or subcontractors (collectively referred to as "Provider"), regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent or contributing) by any act, omission, default or negligence (whether active or passive) of the Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the paragraphs herein or the failure of the CoM:PSA & Corp Reso Drug Testing Health Care Center of Miami 5 Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Provider, or any of its subcontractors, as provided above, for which the Provider's liability to such employee or former employee would otherwise be limited to payments under state Workers' Compensation or similar laws. 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 COMTSA & Corp Reso Drug Testing Health Care Center of Miami 6 amount of compensation hereunder exceeds $25,000, 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 $25,000, 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 (ninety (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 14. CITY'S TERMINATION RIGHTS: A. The City shall have the right to terminate this Agreement, in its sole discretion, at any time, by giving written notice to Provider at least five (5) business days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation, other than that provided herein, or for any consequential or incidental damages. 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. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force CoM:PSA & Corp Reso Drug Testing Health Care Center of Miami 7 and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City; prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract shall be considered terminated on the date that the required change in policy coverage would otherwise take effect. 16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no otherwise qualified individual shall, solely by 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 COMTSA & Corp Reso Drug Testing Health Care Center of Miami g procurement and contracts with Blacks, Hispanic and Women-o�,,ned 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 parry at the address indicated herein or to such other address as a parry may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO PROVIDER: Rosina Cook Vice President Work Injury Solutions of Dade County d/b/a Health Care Center of Miami 7911 NW 72nd Avenue, Suite 111 Miami, FL 33166 CoM:PSA & Corp Reso Drug Testing Health Care Center of Miami 9 TO THE CITY: Pedro G. Hernandez, P.E. City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 WITH A COPY TO: Hector Mirabile, Ph.D., Director City of Miami Department of Employee Relations 444 SW 2°6 Avenue, Suite 739 Miami, Florida 33130 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue for any legal proceedings shall be Miami -Dade County, 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 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 properly authorized representatives of the parties hereto. CoM:PSA & Corp Reso Drug Testing Health Care Center of Miami 10 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 the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 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, 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. CoMYSA & Corp Reso Drug Testing Health Care Center of Miami 11 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: "City" CITY OF MIAMI, a municipal corporation By: Priscilla A. Thompson Pedro G. Hernandez, P.E. City Clerk City Manager "Provider" ATTEST: Work Injury Solutions of Dade County, Inc. d/b/a Health Care Center of Miami a corporation Print Name: Hillel Bronstein Title: Corporate Secretary APPROVED AS TO LEGAL FORM AND CORRECTNESS: Julie O. Bru City Attorney By: Print Name: Title: Vice -President APPROVED AS TO INSURANCE REQUIREMENTS: LeeAnn Brehm Risk Management Director CoMTSA & Corp Reso Drug Testing Health Care Center of Miami 12 CORPORATE RESOLUTION WHEREAS, Work Injury Solutions of Dade County, Inc., d/b/a Health Care Center of Miami desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract 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 is hereby authori2:ed 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. DATED this. day of ,2009. Chairperson of the Board of Directors Corporate Secretary (Corporate Seal) CoM:PSA & Corp Reso Drug Testing Health Care Center of Miami 13 Attachment "A" SCOPE OF WORK DRUG SCREENING SERVICES . PART III Part III Services: DOT Alcohol and Controlled Substances Testing (Post Accident and Random Testing) and Non -DOT Alcohol and Controlled Substances Testing (Random Testing) A. Collection Facility B. Drug Testing Facility C. MRO Services Part IlI Se: i ices DOT Alcohol and Drug Screening Services (Post Accident and Random Testing) Scone of Work A. Collection Facility 1. All collections must be performed in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. NOTE: City of Miami Drug Screening Protocol should be reviewed carefully to ensure Provider's ability to comply with specified requirements and for detailed specifications. City of Miami Drug Screening Protocol is subject to change. ------ --- — rwid – 'Rami ("City") limits. In lieu of a collection facility, a self contained mobile unit will serve as the collection facility. 3. Provider's collection facility must follow Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 4. Provider must be able to conduct the following services: collect specimen for urinalysis, blood alcohol level, and perform Evidential Breath Testing (EBT). 5. Provider must ensure and pay for next day delivery to testing facility. 6. Vehicle parking shall be provided at no cost to the City, employee, or applicant being tested. 7. Provider's collection facility must have a sufficient reception area. This does not apply to a self contained mobile unit 8. The City may require an interview of Proposers and inspection of facilities and equipment prior to award of the Contract and request for a mock process on how Proposer will collect specimen to determine responsiveness and compliance with the City of Miami Protocol. 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 collection services 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 collection services after 5:00 p.m. and/or on the weekend/holiday. 11. On request, Provider must be able to collect specimens at a location other than the Provider's collection site. 12. The City will only pay invoices submitted by the facility for which a purchase order has been issued. 13. Collection services will be provided primarily for all City of Miami employee (CDL drivers — current CDL selection pool consists of approximately 300 employees and selection pool is subject to change). NOTE, Provider must follow protocol provided by the Substance Abuse and Mental Health Services Administration (SAMHSA). I Iil - , REMEY, --- 1. All tests must be performed in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) .guidelines. 2. All tests must be ;performed by an individual who has the qualifications outlined in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 2 3. Provider's testing facility must be currently certified by the Substance Abuse and Mental Health Services Administration (SAMHSA). State of Florida certificate must be for forensic toxicology. 4: Provider must be able to conduct the following tests: urinalysis (immunoassay), gas chromatography -mass spectrometry (GCMS), and blood alcohol level, and provide results to the City in compliance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 5. The City may require interviews of Proposers and inspection of facilities and equipment prior to award of the Contract. 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. 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/holiday. 8. The City will only pay invoices submitted by the facility for which a Purchase Order has been issued. 9. Provider must provide to the collection facility(ies) all necessary supplies (e.g., collection kits which, as applicable, shall contain chain of custody forms, mailing boxes or containers, specimen identification labels, laboratory address labels, urine specimer bottles, external temperature strips, tamper -proof plastic sealable bags and forensic tamper -proof tape to seal the specimen container(s), etc. in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 10. Provider must be able to adhere to specified cut-off levels in accordance with the Substance Abuse and Mental Health Services Administration (SAMHSA) guideline's: 11. Personnel involved in the administration of drug screens as required by the City of Miami must testify on behalf of the City in case or a court hearing, Civil Service hearing, or similar proceedings, relative to testing procedures. Qualified laboratory persorunel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 3 12. Testing is primarily for all City of Miami. employee (CDL drivers — current CDL selection pool consists of approximately 300 employees and selection pool is subject to change). NOTE: Provider must follow protocol provided by the Substance Abuse and Mental Health Services Administration (SAMHSA). A. MRO Services 1. Medical Review Officer shall be certified as medical review officer in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 2. The MRO shall not be employed or contracted by the drug testing laboratory. The drug testing laboratory is permitted to assist in locating qualified medical review officers. The MRO may be employed by the collection facility. 3. The MRO shall evaluate the drug test result(s), which is reported out by the laboratory, . in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. 4. The MRO shall report negative and positive results to the City in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. NOTE: Provider must follow protocol provided by the Substance Abuse and Mental Health Services Administration (SAMHSA). S CITY OF MIAMI DRUG SCREENING PROTOCOL Part III Services: DOT Drug and Alcohol Screening Services (Random and Post Accident Testing pursuant to DOT Federal Guidelines) Pursuant to the Department of Transportation, Federal Guidelines, the City of Miami perforins drug and alcohol screening on prospective and current employees (CDL Drivers). The City of Miami will randomly test CDL Drivers from a selection poo., and will test for either drugs only or drugs and alcohol. The following guidelines have been established in conjunction with standards developed by the Substance Abuse and Mental Health Services Administration (SAMHSA) and existing City of Miami departmental policies and procedures, as well as requirements set forth in the existing collective bargaining agreements: SPECIMEN COLLECTION SERVICES Chain of Custody A chain of study of custody standardized form shall be properly executed by authorized collection'. site personnel upon receipt of specimen as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA). 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 as determined by SAMHSA. Every effort shall be made to minimize the number of persons handling specimens. 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 specimen was collected as per Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. The necessary precautions shall be taken to ensure that unadulterated 16 specimens are obtained and correctly identified as determined by SAhIHSA, as well as in addition to City of Miami established policies and procedures. 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 City of Miami, Department of Employee Relations must be notified immediately at (3 05) 416-2100 of those cases in which identity cannot be established. Employee must be escorted by a supervisor, employee must present photo identification. 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 meet the requirements determined by. the Substance Abuse and Mental Health Services Administration (SAMHSA). C. 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 retain his or her wallet. D. The individual shall be given .the necessary container(s) as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA) for specimen collection, E, Prior to allowing the individual to enter the collection area, the collection site person shall examine the area (restroom) as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA) and shall verify that a water soluble colored dye is in the toilet if required. F. Instructions provided by the Substance Abuse and Mental Health Services Administration (SAMHSA) shall be provided by the collection site person to the individual as to not to flush the toilet until the specimen has been given to the site person, and — is deeme Lobe an acceptable sample ap b -le, 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 informed 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, 17 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. L Upon receiving the specimen from the individual, the collection site person shall confirm that the applicant/employee has provided the required amount of urine as determined by Substance Abuse and Mental Health Services Administration (SAMHSA). If the individual fails for any reason, to provide the required amount of urine, the procedure must be initiated from the beginning and the employee must be instructed not to leave the premises. 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 as required by the Substance Abuse and Mental Health Services Administration (SAMHSA). L. Immediately upon receiving the specimen, the collection site person shall check the temperature sensitive label on the specimen cup to determine if it is at an acceptable temperature as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA). If the specimen's temperature is not within the acceptable range, the proper testing reporting procedures should be followed in accordance with SAMHSA guidelines. M. Guidelines established by the Substance Abuse and Mental Health Services (SAMHSA) should be followed if there is any suspicion of a specimen being adulterated. N. The donor should provide the amount of specimen required by the Substance Abuse and Mental Health Services Administration (SAMHSA). 0. The collection site person shall place securely on the bottles the required --�----- td�rr —a'tbw label-wlfth a�d�termined fiy th-e�u�s ante use and len a Health Services Administration (SAMHSA). P. If required, the individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the .specinlens collected from .him or her. 18 Q. The collection site person must place the specimens and chain of custody form in a secure location as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA). DRUG TESTING (LABORATORY FACILITY) QUALIFICATIONS/SERVICES 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 tlu-ough 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 transf rrcd, 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. A. The laboratory must be licensed and approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) using criteria established by the United States Department of Health and Human Services as general guidelines for the City of Miami's drug testing program. B. The provider must have a qualified individual as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA) 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; and a Breath Alcohol Technician (BAT) trained to proficiency in the federal alcohol testing procedures must also be available. C. All tests shall be conducted in a licensed facility operated by the provider or at _ such aci try. subsequ6htly agreed to by the C-ity an the prov1der. Laboratory -- facility must be currently licensed and approved by the Substance Abuse and Mental Health Services Administration (SAMHSA). Laboratory must have the capability of performing drug screenings and GCMS confirmations at the same facility. D. The provider's premises and equipment must have passed all inspections by the Substance Abuse and Mental Health Services Administration (SAMHSA). 19 E. The provider's facility must have a duality 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 Substance Abuse and Mental Health Services Administration (SAMHSA). F. The provider must have experience in handling toxicology specimens (both urine and blood) and provide a well documented chain of custody for all tests as determined by the Substance Abuse and Mental Health Services Administration (SA.MHSA). G. The provider must have a procedures manual as determined by the Substance Abuse and/or Mental Health Services Administration (SAMHSA) to ensure chain of custody. H. The provider must follow proper quality control procedures including, but not limited to the use of internal quality controls including the use of samples of known concentrations which are used to check the performance and calibration of testing equipment, and periodic use of blind samples for overall accuracy; an internal review and certification process for drug test results, conducted by a person quaHed.,to perform that function in the testing laboratory; security measures implemented' by i the testing laboratory to preclude adulteration of specimens and drug test results; and any other required steps to ensure reliable and accurate drug test results. 1. The provider shall maintain documentation of all aspects of the testing process as determined by the Substance Abuse and Mental Health Services Administration (SAMHSA). 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. K. The provider shall provide a written test result report to the City of Miami, __ epaz nen o 1~mployee ela ions in accordance wrth Subs —ancc use an - Mental Health Services Administration guidelines. MEDICAL REVIEW OFFICER (MRO) QUALIFICATIONS/SERVICES 20 A. The Medical Review Officer (MRO), sha1I be certified as a Medical Review Officer in accordance with the Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines, B. The MRO shall evaluate the drug test result(s), which is reported out by the laboratory, in accordance with Substance Abuse and Mental Health Services Administration (SAMHSA) guidelines. C. If the MRO is unsuccessful in contacting an employee regarding drug or alcohol testing results, he/she is to contact the City of Miami, Department of Employee Relations at (305) 416-2100 for assistance in contacting the individual and expediting the reporting of results. D. The MRO shall notify the City of Miami, Department of Employee Relations at (305) 416-2100 immediately upon confirmation of a positive drug test result Please note that this Drug Screening Protocol is subject to revision and change. 21 Attachment "B° Line: 5.5 I esoz-iptien: Additional Charges necessary (if any) to meet the terms of the P Propo Ier is only required to enter the total amount of the additic al charges in this lune. lowe3, Proposer is required to detail in their proposal response wh those additional t-ces aye. Category: "207-00 Unit of Mas e- Each Unit Price: $ Number of Units: �j .Total: $ Lime: 6 Description: Part II Service`s C. Medical Review O) Services Line: 6.1 Desm'pfion: Medical Review Officer Category: 9520-J-00 Unit of Measure: Each Unit Price: $ umber of Units. 400 Total: $ Line: 6.2 Description: Addition Charges necessary (if any) to meet t e terms of the RFP Proposer is only r ztired to enter the total amount of t e additional charges in this line. However, Proposer is required to detail in their proposal respo e what those additional fees are. Catevo 95207- 0 ry.. Unit of Measur .Each Line: 7 Description: Part III Services - A. Collection Facility ` Line:. 7.1 Description: Urine specimen collection with Chain of Custody (SAMPiSA Drug Panel) p��a In f?Q 1 I Category: 95207-00 Unit of Measure: Each Unit Price: S 1 0 Number of Units: 300 Total: S i 000 Line: 7.2 Description: Evidential Breath Testing s _ Category: 95207-00 Unit of Measure: Each Unit Price: $ 24 Number of Units: 150 Total: $ 3 600 Line: 7.3 Description: Next day delivery to Testing Facility with Chain of Custody Category: 95207.00 Unit of Measure: Each Unit Price: $ Number of Units: 300 Total: $ N/C Line: 7.4 Description: After Hour Service Category: 95207-00 Unit of Measure: Each Unit Price: S 7 5 Number of Units: 50, Total $ 7500 Line: 7.5 Description: Additional Charges necessary_(if any) to meet the terms of the RFP' Proposer. is only required to enter the total amount of the additional charges in .this line. However, Proposer is required to detail intheir proposal response what those, additional fees are: Category: 95207-00 Unit of Measure: Each Unit Price: $ Number of Units: Total: L Description: Part III Services - B. Drug Testing Facility Line: 8.1 Description. Urine Drug Screen with Chain of Custody (SAMHSA Drug Panel) Category: 95207-00 Unit of Measure: Each Unit Price: $ 1 Line: 8.2 i Description: Evidential Category: 95207-00 Unit of Measure: Each Unit Price: $ , Number of Units: 300 Testing 150 Line: 8.3 Description: GCIYIS Confirmation with Chain of Custody Category: 95207-00 Unit of Measure: Each Unit Price: $ Number of Units: 50 Line: 8.4 Description: Consultation and Testimony Total: $ 3.5 o o Total: $ Total: $ N/C 113 Category: 95207-00 Uii-it of Measure: Hour Urit Price: $ � 00 Line: 8.5 Number of Units: 10 Total: $ 2000 Description: Additional Charges necessary (if any) to meet the terms of the RFP Proposer is only required to enter the total amount of the additional 'charges in this line. However, Proposer is required to detail in their proposal response what those additional fees are: - Category: 95207-00 Unit of Measure: Each Random Selection Unit Price: $ Number of Units: Total: $ 100 . 0 0 Y ear s Line: 9 Description: Part III Services - C. Medical Review Officer (MRO) Services Line: 9.1 Description: Medical Review Officer Category: 95207-00 Unit of Measure: Each Unit Price: $ 6 - Number of Units: 300 — Total: $. 1800 Line: 9.2 . Description: Additional Charges necessary (if any) to meet the terms of the RFP Proposer is only requirefl to enter the total amount of the additional charges inthis line. However, Proposer is required to detail in their proposal response what those additional fees are. Category: 95207-00 Unit of Measure: Each Unit Price: $ Nurnbcr of Units: Total: $ N f q p2&R 13 of