HomeMy WebLinkAboutExhibitAGREEMENT FOR THE PROVISION OF OCCUPATIONAL HEALTH CARE
SERVICES BY AND BETWEEN
THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY
AND
THE CITY OF MIAMI
THIS AGREEMENT FOR THE PROVISION OF OCCUPATIONAL HEALTH CARE
SERVICES ("Agreement") is entered as of the day of , 202_, and effective as
of , by and between the PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY,
an agency and instrumentality of Miami -Dade County, which operates, governs and maintains
Jackson Memorial Hospital and other designated facilities, within a healthcare system known as
Jackson Health System (the "Trust"), and the CITY OF MIAMI, a municipal corporation organized
under the laws of the State of Florida, ("City"). The Trust and the City shall be collectively referred
to herein as the "Parties." The order of precedence whenever there is conflicting or inconsistent
language between documents is as follows in descending order of priority: (1) Collective
Bargaining Agreements (Police, General Employees, Solid Waste); (2) This Agreement without
its Exhibits; (3) Exhibits.
WITNESSETH:
WHEREAS, Section 163.01(4), Fla. Stat., of the Florida Interlocal Cooperation Act of
1969, provides that "A public agency of this state may exercise jointly with any other public agency
of the state, of any other state, or of the United States Government any power, privilege, or
authority which such agencies share in common and which each might exercise separately"; and
WHEREAS, this Agreement will serve as a contract with the Trust to assist the City in
providing occupational health services to all of the sworn and non -sworn employees and
prospective employees of the City of Miami; and
WHEREAS, the Trust and the City agree to act in a spirit of mutual cooperation and good
faith in the implementation of this Agreement; and
WHEREAS, pursuant to Section 18-112 of the Code of the City of Miami, Florida, as
amended, and subject to City Commission approval, the City is exempt from all competitive
bidding procedures when it enters into an agreement with another governmental agencies or state
funded institutions; and
WHEREAS, the Parties have negotiated this Agreement in good faith and agree to be
bound in accordance with its terms and conditions;
NOW THEREFORE, in consideration of the mutual obligations expressed herein, and for
other good and valuable consideration, the City and the Trust enter into this Agreement and agree
as follows:
1. Recitals and Incorporations: The foregoing recitals are true and correct and hereby
incorporated into and made a part of this Agreement.
2. Term: This Agreement shall become effective on the date as stipulated above in the
first paragraph of this Agreement, which is the effective date and shall continue through
three (3) years following the effective date. The City and the Trust may extend this
Agreement for an additional two (2) year period upon mutual agreement which shall be
evidenced by an amendment to this Agreement, provided the same shall be executed
by the Parties prior to the expiration of the initial term of this Agreement.
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3. Mobilization: This section will be used to add the mobilization time needed for the trust
to have the new location and employees ready for use.
4. Scope of Services: The City retains the Trust to assist the City, and to perform the
occupational health care services set forth on Attachment "A" attached hereto and
made a part hereof ("Services") and such other related tasks the Trust determines is
necessary to fully perform and complete the Services. Notwithstanding the foregoing,
the Parties agree that the Services set forth in Attachment "A" can only be modified
upon mutual consent of the Parties, exemplified as an amendment to this Agreement.
The Trust represents to the City that the Trust is and shall at all times during the term
of this Agreement remain, fully qualified, competent, and capable to perform the
Services under this Agreement.
5. Fees: The City shall compensate the Trust for services rendered under this Agreement
in accordance with Attachment A.
6. Payment of Invoices: Invoices shall be made no more than once per month, and sent
to the City Department requesting the services (City of Miami Police or City of Miami
Department of Human Resources).
7 Insurance: The City and the Trust acknowledge that they each operate a self -insured
program in accordance and subject to the limitations and provisions of Section 768.28
of the Florida Statutes. The Trust will issue a standard letter or certification of self-
insurance in a form reasonably acceptable to the City Risk Management Director.
8. Indemnification: The City and the Trust acknowledges mutual indemnity subject to the
limitations, conditions, and restrictions and contained in Section 768.28 of the Florida
Statutes for their own respective negligence but for no other act or omission.
9. Termination:
A. Notwithstanding any other provision to the contrary, this Agreement may be terminated
without cause at any time by either party upon thirty (30) days' prior written notice to
the other party. In the event of termination, the Trust will be compensated for actual
Services rendered up to and including date of termination.
B. In the event of a material breach of this Agreement, the aggrieved party may terminate
this Agreement by giving thirty (30) days prior written notice of termination to the
breaching party. If the breach is not cured, this Agreement shall terminate at the end
of the thirty -day period.
10. Compliance with Federal, State, and Local Laws: The City and the Trust are both
governmental entities. As such, the City and the Trust understand that contracts
between private entities, or state agencies or public agencies and local governments
are subject to certain laws and regulations, including laws pertaining to open public
meetings, public records, conflicts of interest, ethics procurement procedures,
approved funding and budgetary allocation, and record keeping, and the City and the
Trust agree to comply with and to observe all applicable laws, codes and ordinances
as they may be amended from time to time.
11. Public Records:
A. The City and the Trust understand that the public shall have access, at all
reasonable times, to all documents and information pertaining to this
Agreement, subject to the provisions of Chapter 119, Florida Statutes, and
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agree to allow access by the other party and the public to all documents subject
to disclosure under applicable laws. A party's failure or refusal to comply with
the provisions of this section shall result in the immediate cancellation of this
Agreement by the other party.
B. Each party shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keeping and maintaining public records that
ordinarily and necessarily would be required by the Parties regarding the
performance of the Services; (2) provide the public with access to public
records on the same terms and conditions as the City or the Trust, as the case
may be, would at the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law; (3) ensure that public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized
by law; (4) meet all requirements for retaining public records and transfer, at no
cost, to the other party all public records in its possession upon termination of
this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements; and, (5) provide all
electronically stored public records to the other party in a format compatible
with the other party's information technology systems.
C. Should one of the Parties hereto determine to dispute any public access
provision required by Florida Statutes, then that party shall do so at its own
expense and at no cost to the other party. IF THE TRUST HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE TRUST'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416-1830, VIA EMAIL AT
PUBLICRECORDS(a�MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF
MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9111 FL,
MIAMI, FL 33130.
12. Survival: The Parties acknowledge that any of the obligations in this Agreement that
are intended to survive this Agreement will survive the term, termination and
cancellation hereof. Accordingly, those respective obligations of the Trust and the City
under this Agreement shall survive termination, cancellation or expiration hereof.
13. Notices. All notices or other communications required under this Agreement shall be
in writing and shall be given by hand -delivery or by registered or certified U.S. Mail,
return receipt requested, addressed to the other party at the address indicated herein
or to such other address as a party may designate by notice given herein provided.
Notice shall be deemed given on the day on which personally delivered; or if by U.S.
Mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier.
To the Trust:
Public Health Trust
1611 N.W. 12th Avenue
Miami, Florida 33136-1096
Attn: Carlos Migoya
Chief Executive Officer
With Copies To:
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Public Health Trust
1611 N.W. 12th Avenue
Miami, Florida 33136-1096
Attn: Caridad Nieves
Senior Vice President
Ambulatory & Physician Services
Miami -Dade County Attorney's Office
1611 N.W. 12th Avenue, Room 109
Miami, Florida 33136
To the City:
Arthur Noriega V
City Manager, City of Miami
444 S.W. 2nd Avenue, 10th Floor
Miami, Florida 33130
With Copies To:
Police Department
Attn.: Manuel A. Morales
Chief of Police
400 N.W. 2nd Avenue, 4th Floor
Miami, FL 33128
Department of Human Resources
Attn.: Angela Roberts
Director
City of Miami
444 S.W. 2nd Avenue, 7th Floor
Miami, Florida 33130
Procurement Department
Attn.: Annie Perez, CPPO
Director
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, Florida 33130
Office of the City Attorney
Attn.: Victoria Mendez
City Attorney
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, Florida 33130
14. Miscellaneous.
A. Entire Agreement; Modifications. Both Parties agree that this Agreement and
Attachment(s) sets forth the entire agreement and understanding of the Parties
and supersedes all prior and contemporaneous agreements, arrangements, or
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understandings relating to the subject matter hereof. There are no conditions
or limitations to this undertaking except those stated therein. This Agreement
may not be altered, changed or modified except by or with the written consent
of the Trust. Any modifications to this Agreement must be evidenced in writing
and signed by each of the Parties hereto.
B. Representations or Warranties. The Parties represent that they have all
necessary authority and approvals to enter into this Agreement and no further
approval is necessary to validate the terms and conditions of this Agreement.
No representations or warranties shall be binding upon either party unless
expressed in writing herein.
C. Applicable Law; Venue. This Agreement shall be construed according to the
law of the State of Florida applicable to contracts made and fully performed
therein, without giving effect to its laws or rules relating to the conflict of laws.
Venue for any litigation between the Parties regarding this Agreement shall lie
only in state or federal courts located in Miami -Dade County, Florida. In the
case of any legal dispute, each party shall bear its own costs and attorney's fees.
D. Counterparts/Electronic Signatures. This Agreement may be executed in
any number of counterparts, each of which so executed shall be deemed to be
an original, and such counterparts shall together constitute but one and the
same Agreement. The parties shall be entitled to sign and transmit an
electronic signature of this Agreement (whether by facsimile, PDF or other
email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to
promptly execute and deliver to the other parties an original signed Agreement
upon request.
E. Waiver. Waiver by either party of a breach or failure to perform hereunder shall
not constitute a waiver of any subsequent breach or failure. Neither party will
be bound by any purported rescission or modification of this Agreement and
shall not be deemed to have waived any provisions of this Agreement unless
such rescission, modification or waiver is set forth in writing and signed by an
authorized official of both Parties.
F. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the remaining provisions will remain in full force and effect.
G. Paragraph Headings. The paragraph headings used in connection with this
Agreement have been inserted for the convenience of the Parties only. They
do not purport to and shall not be deemed to define, govern, limit, modify or in
any manner, affect the scope, meaning or intent of the provisions to which they
pertain.
H. Drafting Party. This Agreement shall not be construed against the party
preparing it but shall be construed as if all Parties hereto jointly prepared this
Agreement.
I. Error. Stenographic, clerical, or similar errors in this document are subject to
correction.
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J. Time Of Essence. Time shall be deemed of the essence on the part of the
Trust in performing all of the terms and conditions of this Agreement.
K. Advertising. Neither party shall use the name of the other in any promotional
or advertising material unless review and approval in writing of the intended
use shall first be obtained from the party whose name is to be used. The Trust
may withhold such approval for any reason it determines to be in its best
interest.
L. NON-DISCRIMINATION, EQUAL EMPLOYMENT OPPORTUNITY, AND
AMERICANS WITH DISABILITIES ACT: Parties shall not unlawfully
discriminate against any person in its operations and activities or in its use or
expenditure of funds in fulfilling its obligations under this Agreement. Parties
shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by City,
including Titles I and II of the ADA (regarding nondiscrimination on the basis of
disability), and all applicable regulations, guidelines, and standards. In addition,
Parties shall take affirmative steps to ensure nondiscrimination in employment
against disabled persons. Parties affirms that it shall not discriminate as to race,
age, religion, color, gender, gender identity, sexual orientation, national origin,
marital status, physical or mental disability, political affiliation, or any other
factor which cannot be lawfully used in connection with its performance under
the Formal Solicitation. Furthermore, Parties affirms that no otherwise qualified
individual shall solely by reason of their race, age, religion, color, gender,
gender identity, sexual orientation, national origin, marital status, physical or
mental disability, political affiliation, or any other factor which cannot be lawfully
used, be excluded from the participation in, be denied benefits of, or be
subjected to, discrimination under any program or activity. In connection with
the conduct of its business, including performance of services and employment
of personnel, Parties shall not discriminate against any person on the basis of
race, age, religion, color, gender, gender identity, sexual orientation, national
origin, marital status, physical or mental disability, political affiliation, or any
other factor which cannot be lawfully used. All persons having appropriate
qualifications shall be afforded equal opportunity for employment.
M. E-Verify Employment Verification. The Trust shall E-Verify the employment
status of all employees and subcontractors to the extent required by federal, state, and
local laws, rules, and regulations. The City shall consider the employment of
unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality
Act. If the Trust knowingly employs unauthorized aliens, such violation shall be cause
for termination of the Agreement. Furthermore, the Trust agrees to utilize the U.S.
Agency of Homeland Security's E-Verify System, https://e-verify.uscis.gov/emp, to
verify the employment eligibility of all employees during the term of this Agreement.
The Trust shall also include a requirement in subcontracts that the subcontractor shall
also utilize the E-Verify System to verify the employment eligibility of all employees of
the subcontractor during the term of this Agreement.
N. Dispute Process. If possible, disputes shall first be resolved by informal
discussion between the Parties. If, after informal discussions, the Parties have
not resolved their disputes, the Parties shall attempt to resolve their disputes
arising under this Agreement using the procedural options afforded by the
Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes,
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as amended. This shall be a condition precedent to any civil action between
the Parties arising out of this Agreement and each Party shall be responsible
for its own costs and attorneys' fees.
O. Conflict of Interest. The City shall be familiar and comply with all conflict -of -interest
legal requirements, to the extent they apply to the City, including the Miami -Dade
County Conflict of Interest and Code of Ethics Ordinance, Section 2-11.1, Code of
Miami -Dade County, as made applicable to the Public Health Trust by Section 25A-
3(c), Code of Miami -Dade County, and Florida's Code of Ethics for Public Officers,
Chapter 112, Part III, Florida Statutes. The Public Health Trust will not contract or
transact business with the City, and any contract with the City shall be void, if a conflict
of interest under State or local laws occurs and neither an exemption nor opportunity
to waive the conflict exists, or an opportunity to waive the conflict exists but the Public
Health Trust does not waive it. If a conflict of interest is waivable, the Public Health
Trust's Board of Trustees shall have the sole authority to waive the conflict. Copies of
the ordinance are available on-line or may be furnished to the City upon request.
P. Independent Private Sector Inspector General. Pursuant to the Code of
Miami -Dade County, Resolution #R-516-96, and Miami -Dade County
Administrative Order 3-20, and in connection with the award of this Agreement, the
Public Health Trust has the right to retain the services of an Independent Private
Sector Inspector General ("IPSIG") whenever the Public Health Trust or County
deems it appropriate to do so. Upon written notice from the Public Health Trust,
the City shall make available to the IPSIG retained by the Public Health Trust, all
requested records and documentation pertaining to this Agreement, for inspection
and copying. The Public Health Trust will be responsible for the payment of these
IPSIG services, and under no circumstance shall the fees for the Services under
this Agreement be inclusive of any charges relating to these IPSIG services. The
terms of this provision herein shall, apply to the City, its officers, agents, employees
and assignees.
Nothing contained in this provision shall impair any independent right of the Public
Health Trust to conduct, audit, or investigate the operations, activities and
performance of the City in connection with this Agreement. The terms of this
provision are neither intended nor shall the City construe them to impose any
liability on the Trust.
Miami -Dade County Inspector General Review. According to Section 2-1076 of the
Code of Miami -Dade County, Miami -Dade County has established the Office of the
Inspector General (IG) which may, on a random basis, perform audits, inspections,
and reviews of all County and Public Health Trust contracts. This random audit is
separate and distinct from any other audit by the County. The City shall, in stating
its agreed process, be mindful of this assessment, which will not be
separately identified, calculated or adjusted in the City's Proposal. The audit
cost shall also be included in all change orders and all contract renewals and
extensions.
The Miami -Dade Office of Inspector General is authorized to investigate County
affairs and empowered to review past, present and proposed County and Public
Health Trust programs, accounts, records, contracts and transactions. In addition,
the Inspector General has the power to subpoena witnesses, administer oaths,
require the production of witnesses and monitor existing projects and programs.
Monitoring of an existing project or program may include a report concerning
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whether the project is on time, within budget and in conformance with plans,
specifications and applicable law. The Inspector General shall have the power to
audit, investigate, monitor, oversee, inspect and review operations, activities,
performance, and procurement processes, including but not limited to project
design, proposal specifications, proposal submittals, activities of the City, its
officers, agents and employees, lobbyists, County and Public Health Trust staff
and elected officials to ensure compliance with contract specifications and to
detect fraud and corruption.
Upon ten (10) days written notice to the City, the City shall make all requested
records and documents available to the Inspector General for inspection and
copying. The Inspector General shall have the right to inspect and copy all
documents and records in the City's possession, custody or control which in the
Inspector General's sole judgment, pertain to performance of this Agreement,
including, but not limited to original estimate files, change order estimate
files, worksheets, proposals and agreements from and with successful
subcontractors and suppliers, all project -related correspondence, memoranda,
instructions, financial documents, construction documents, Proposal and
Agreement documents, back- change documents, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personnel records and supporting documentation
for the aforementioned documents and records.
The City shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (proposal preparation) and
performance of this Agreement, for examination, audit, or reproduction, until three
(3) years after final payment under this Agreement or for any longer period required
by statute or by other clauses of this Agreement. In addition:
1. If this Agreement is completely or partially terminated, the City shall make available
records relating to the work terminated until three (3) years after any resulting final
termination settlement; and
2. The City shall make available records relating to appeals or to litigation or the
settlement of claims arising under or relating to this Agreement until such appeals,
litigation, or claims are finally resolved.
The provisions in this section shall apply to the City, its officers, agents,
employees, subcontractors and suppliers. The City shall incorporate the
provisions in this section in all subcontracts and all other agreements executed by
the City in connection with the performance of this Agreement. Nothing in this
section shall impair any independent right to the County to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall
they be construed to impose any liability on the County by the City or third parties.
Exception: The above application of one quarter (I/4) of one percent fee
assessment shall not apply to the following contracts: (a) IPSIG contracts; (b)
contracts for legal services; (c) contracts for financial advisory services; (d)
auditing contracts; (e) facility rentals and lease agreements; (f) concessions and
other rental agreements; (g) insurance contracts; (h) revenue -generating
contracts; (i) contracts where an IPSIG is assigned at the time the contract is
approved by the Trust; (j) professional service agreements under $1,000; (k)
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management agreements; (I) small purchase orders as defined in Miami -Dade
County Administrative Order 3-38; (m) federal, state and local government -funded
grants; and (n) interlocal agreements. Notwithstanding the foregoing, the Trust
may authorize the inclusion of the fee assessment of one -quarter (1/4) of one
percent in any exempted contract at the time of award.
Nothing contained above shall in any way limit the powers of the Inspector General
to perform audits on all Public Health Trust contracts including, but not limited to,
those contracts specifically exempted above.
[Signature Page to Follow]
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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.
TRUST:
Public Health Trust of Miami -Dade County,
an agency and instrumentality of Miami -
Dade County, Florida
By:
DocuSlgned by:
(*Co No
`---AOF3ACOEO71 E42 ...
12/21/2023
Carlos A. Migoya,
Chief Executive Officer
Approved by the Miami -Dade County Approved for sufficiency as to insurance
Attorney's Office as to form and legal and liability by the Director of Risk
sufficiency: Management, Jackson Health System
By: /A/ C:hriktophar (;. Knknrud
Assistant Miami -Dade County
Attorney
ATTEST:
By:
Todd B. Hannon, City Clerk
By:
Jahn (C uck awwater
Vice Pr sid nt and Chief Risk & Patient Safety Officer
CITY:
CITY OF MIAMI, a municipal corporation
organized under the laws of the State of
Florida
By:
Arthur Noriega V, City Manager
APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
By:
Victoria Mendez
City Attorney
By:
Ann -Marie Sharpe, Director
Risk Management
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Attachment "A"
Scope of Services
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SCOPE OF WORK
I. OCCUPATIONAL HEALTH SERVICES
A. BACKGROUND INFORMATION
The Provider shall be required to provide Occupational Health Services for all prospective employees and designated
employees (Pre -Employment, Fitness for Duty, Return to Duty, Reasonable Suspicion, Random, Follow-up and Post
Accident Drug and Alcohol Screening Services), all sworn Police personnel, and all general employees, including
all CDL Drivers. Screening may include, but is not limited to, drug and alcohol screening services of designated
employees pursuant to Department of Transportation ("DOT") guideline Part 40 - Procedures for Transportation
Workplace Drug and Alcohol Testing Programs and random drug and alcohol screening, and post accident testing
pursuant to applicable labor agreements and/or reasonable suspicion testing, and drug screening for Parks Aquatics
annual physical exam.
The Provider shall agree to the following:
1. The facility where all the services are provided shall be no more than a five (5) mile radius from the City of
Miami City limits, must be able to accommodate large groups of employees and prospective employees,
and must be Americans with Disabilities Act ("ADA") compliant at all hospital facilities;
2. The facilities must be certified and perform all collections by individual(s) in accordance with Agency for
Health Care Administration ("AHCA") and/or Substance Abuse and Mental Health Services Administration
(SAMHSA) guidelines;
3. Assure that lab technician or other lab personnel are present in the collection of all specimens in order to
observe that no substitutions or tampering with sample are actuated;
4. Be able to conduct the following services: collect specimen for urinalysis and blood alcohol level, conduct
an alcohol evidential breathalyzer test ("EBT"); urinalysis (immunoassay), gas chromatography -mass
spectrometry ("GCMS"), collect blood samples for purpose of determining blood alcohol level, and provide
results to the City in compliance with AHCA and/or SAMHSA guidelines;
5. Have the ability for next day delivery to a testing facility for all collected specimens, should the City request
this service;
6. Provide vehicle parking at no cost to any employee or prospective employee;
7. Be able to accommodate and test large groups of applicants (approximately 50 applicants a day) during peak
hiring times of the year;
8. Quarterly, provide on -site, three (3) D.O.T. Certified Medical Assistants ("Staff') for drug screening
services at the City of Miami Department of Solid Waste located at 1290 N.W. 20th St. from the hours of
5:30 AM to 8:OOAM. Provider staff shall stay onsite to secure transfer to processing laboratory. No
specialty vehicle is required, but staff shall provide supplies and required D.O.T. forms for specimen
collection. These quarterly on -site services typically occur January, April, July and October, and is subject
to change.
9. 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 the records of City accounts during ordinary business hours;
10. Be able to perform collection services Monday to Friday, between the hours of 8:00 am to 5:00 pm. In the
event of an emergency as determined by the City, the Provider must be able to provide collection services
after 5:00 pm and/or on the weekend/holidays;
11. Services shall be provided for the estimated quantities listed below, and are subject to change;
12. If temperature of specimen provided is out of range, prospective employees and designated employees will
be given the option of submitting a new specimen observed;
13. Conduct City of Miami drug screening and physical examinations;
14. 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 specimen bottles, external temperature strips, tamper -proof plastic sealable bags and
forensic tamper -proof tape to seal the specimen container(s), etc., in accordance with AHCA and/or
SAMHSA guidelines;
15. Be able to adhere to specified cut-off levels in accordance with AHCA and/or SAMHSA guidelines;
16. Part of the Provider's obligations under this Agreement is to testify on behalf of the City regarding any and
all encounters the Provider had with City employees as a result of this Agreement. As such, the Provider
must make its employees and any independent contractors available to testify on behalf of the City on
matters related to the Provider's performance under this Agreement. in deposition, administrative hearing,
arbitration, or any court case. The required employee/independent contractor must also be available to meet
with City representatives to discuss testimony related to the aforementioned proceedings The Provider
understands and agrees that its employees/independent contractors may be required to meet with the City
more than once and may be required to testify more than once. The Provider agrees that it cannot charge the
City for its employees/independent contractors' time or testimony under this paragraph. In the event an
employee/independent contractor is no longer employed by the Provider, the Provider agrees to provide the
City will a forwarding address for the former employee and agrees to make a reasonable effort to procure
that employee's attendance for his/her testimony at no additional charge or cost to the City; This requirement
shall not include any claim regarding the City and Provider's agreement or any claim of malpractice or
negligence between the Parties;
17. Provide specific CDL drivers drug test, which is used to test current and prospective employees current;
18. Drug test the employees randomly selected from the employee selection pool database; and
19. The Provider must maintain a complete electronic file on each employee that is HIPAA compliant, and
which may be transferred to the physician of the employees' choice upon signed request.
Note: The City may require an interview of Provider and inspection of facilities and equipment prior to award of
the Agreement and request for a mock process on how Provider shall collect specimen to determine
responsiveness and compliance with the City of Miami protocol.
Medical Review Officer ("MRO") shall:
1. Be certified as an MRO in accordance with AHCA and/or SAMHSA guidelines;
2. Not be employed or contracted by the drug testing laboratory. The drug testing laboratory is permitted to
assist in locating qualified MRO's. The MRO may be employed by the collection facility;
3. Evaluate the drug test results(s), which is reported out by the laboratory, in accordance with AHCA and/or
SAMHSA guidelines and;
4. Report negative and positive results to the City in accordance with City of Miami Drug Screening Protocol.
Services:
• Employment Occupational Health Service for all Prospective City of Miami Employees and Volunteers.
Pre -employment Drug Screening for CDL drivers.
• Reasonable Suspicion, Random, Return to Duty, Follow-up and Post Accident Drug and Alcohol Screening
Services for Current Employees including, Managerial/Confidential Employees and Unclassified/Executive
Employees, Part-time and temporary employees and safety sensitive classifications.
• DOT Drug and Alcohol Screening Services (Random, Reasonable Suspicion, Post Accident, Return to Duty,
and Follow-up, Testing Pursuant to DOT Federal Guidelines Part 40 - Procedures for Transportation
Workplace Drug and Alcohol Testing Programs).
• Random, Reasonable Suspicion, Post Accident, Return to Duty and Follow-up Drug and Alcohol Screening
Services.
• Sworn Police Drug and Alcohol Screening Services (Random and Reasonable Suspicion Testing Pursuant
to FOP Labor Agreement).
• Aquatic employees' Annual Physical Examination Occupational Health Service. The Pre -employment Drug
Panel is to be used for their annual drug testing.
The Facility shall be able to provide the following on an as needed basis:
1. Provide robes, hospital gowns, or equivalent and ample space for employee to change into during testing;
2. Provide lockers or equivalent to secure employee belongings during testing;
3. Assure adequate space in collection area to allow for the observation of employee by two observers; and
4. Assure that both male and female personnel are available to facilitate observation of both genders.
The City of Miami Drug Screening Protocol document titled Attachment I, City of Miami Drug Screening
Protocol
PHYSICAL EXAMINATION SERVICES FOR PRE -EMPLOYMENT, PROMOTIONAL, AND RETURNS
TO WORK
A. BACKGROUND INFORMATION
Provider shall be required to provide Pre -Employment, Promotional, Return to Work Physical Examination
Services ("Services"), and Fitness for Duty Examinations pursuant to the Americans with Disabilities Act
("ADA"). These Services include the provision of general physical examinations for employees or prospective
employees referred to and authorized by the Director of Human Resources or designee.
B. SCOPE OF WORK
For Pre -Employment, Promotional, Fitness for Duty, and Return to Work Physical Examination Services
("Examinations"), the Provider shall:
1.Have Examinations be performed by a physician licensed in the State of Florida ("physician"). Physician(s)
performing pre -employment, promotional, and/or return to work physicals must be licensed in the State of
Florida.
2.Have a minimum of two (2) physicians available on staff to perform examinations on an as -needed basis; this
requirement is meant to ensure that at least one (1) physician will be available at all times to ensure the process
is not delayed.
3. Have X-ray results to be interpreted by a Radiologist;
4. Have a Cardiologist to interpret EKG results, and administer the Cardiovascular Stress Test;
5. Require Crash Cart and Emergency Response Procedure for Cardiovascular Stress Test;
6. Have the physicians conduct all physical examinations of persons referred by the Director of Human Resources
or designee. This may include examinations, tests and related medical procedures as requested by the City. This
may also include referral of persons to a specialist at no additional cost to the City;
7. Perform all such physical examinations, tests and related procedures according to medical protocol. The Provider
shall adhere to the protocols as provided by the City, and under no circumstances shall any additional test be
offered or performed without written approval of the Director of Human Resources or designee;
8. Advise the Department of Risk Management of any work -related health concerns. Any notification of medical
condition must be in accordance with HIPAA;
9. Have operable equipment, staff, and a licensed facility to conduct the required examinations and analyze their
results. Facilities may be inspected by City representatives and the City shall be permitted upon premises upon
request;
10.Conduct physical examination(s) of persons referred and authorized by the Director of Human Resources or
designee. All such physical examinations, tests and related medical procedures shall be conducted by the
Provider on a prearranged appointment basis, as scheduled by the City, with the exception of return to work
physicals. Return to work physicals must be handled on a walk-in basis between 8:00 am - 5:00 pm., Monday
through Friday, excluding legal holidays;
11.Designate a Program Manager/Administrator who shall be responsible for program coordination and to provide
a single point interface between the Director of Human Resources or designee and the Provider on all matters
concerning the Agreement;
12.Administer all such physical examinations, tests and related medical procedures in accordance with established
City of Miami Standard Operating Procedures. Should the Provider have questions as to whether an examination,
test, or medical procedure is performed in accordance with established City of Miami Medical Protocols, the
Provider must contact the City of Miami for clarification. The Provider shall adhere to the protocols as provided
by the City, and under no circumstances shall any additional test be offered or performed without written
approval of the City designated representative;
13.Make available one specialist appointment(s) in addition to the appointment with the assigned Internist for any
Fitness for Duty Examination upon the City's request (i.e., neurologist, psychologist, orthopedic surgeon,
otolaryngologist, etc). Should the City requests any follow-up appointments with the specialist, the Provider
shall schedule. Any additional charges shall be invoiced accordingly; and
14.Refer to City standards and job description in determining whether an employee is fit for duty.
15 Maintain a current record indicating the name, date and examination(s) completed, and results for each
employee/applicant processed. The Provider must submit written reports compliant with the HIPAA Act of 1996,
to the Department of Human Resources, 444 SW 2 Avenue, 7th Floor, Miami, Florida 33130, for each
employee/applicant examined; the provider shall permit the City to inspect and copy all records once the City
provides a valid HIPPA waiver.
16.Have written results of all examinations and evaluations compliant with HIPAA, as well as any
recommendations, and shall deliver such results to the Department of Human Resources, at no additional cost,
within 24 - 48 hours of completion of examination. Verbal results (excluding blood or laboratory work) may be
requested the day examination is completed;
17. Maintain compliance with HIPAA through the duration of the Agreement, and provide proof of such to the City
upon request;
18.Agree to perform any retests of a employee or prospective employee when requested by the City;
19.Complete an examination in one visit, unless any additional medical component is required for specific job
description. If necessary, repeat any/or additional appointments can be scheduled. (These specifications are
intended to provide a thorough medical evaluation by qualified medical staff.);
20.Have records that must include a thorough medical history, laboratory work up, and a comprehensive physical
examination by the physician;
21.Receive a copy of job descriptions once the Agreement is executed from the Department of Human Resources
as required;
22.Have any employee or prospective employee who, upon completion of their physical examination, are
temporarily deferred to be examined again when necessary at no additional charge;
23.Complete the City's medical examination form in its entirety, in addition to any other forms required for a
particular job descriptions (i.e., Police Officer);
24.Be the primary care facility. Any charges incurred by the provider from other medical professionals will be the
responsibility of the provider. These invoices will not be paid by the employee or prospective employee or the
City; and
25.Agree to pay its own attorneys fees and costs regarding any litigation or legal matter that may result from the
completion of an Examination and/or Fitness for Duty Examinations pursuant to the Americans with Disabilities
Act.
SWORN POLICE ANNUAL PHYSICAL EXAMINATION SERVICES AND HEPATITIS A AND B
PROGRAM.
A. BACKGROUND INFORMATION
Provider shall be required to provide annual physical examination for sworn Police personnel, including
Hepatitis A and B immunizations, referred by the Director of Human Resources or Designee.
B. SCOPE OF WORK
The Provider shall provide, at a minimum, the following services, and shall adhere to the Physical Examination
Protocol established by the City (copy attached as "Attachment 4-Medical Protocol for Sworn Police Annual
Physical Examination Services
Physical Examinations shall:
1. Be performed by a Board Certified physician licensed in the State of Florida. Physician(s) performing physicals
must be Board certified in Internal Medicine of Family Practice. A minimum of two (2) physicians must be
available on staff to perform examinations on an as -needed basis;
2. Conduct for sworn Department of Police personnel, the annual physical examination in one part as follows:
• Have a comprehensive physical examination per the attached medical protocol to be conducted during
the hours of 7:00 am - 5:00 pm, Monday through Friday, excluding legal holiday, (copy attached as
"Attachment 4-Medical Protocol for Sworn Police Annual Physical Examination Services",;
• Have a consultation between physician and employee or officer regarding immediate finding;
• Once testing is initiated, all tests and evaluations must be completed within thirty (30) days;
HEPATITIS A AND B IMMUNIZATIONS
For Hepatitis A and B immunizations, the Provider shall:
1. Conduct Hepatitis A and B immunization of persons referred by the Director of Human Resources or Designee;
2.Have all such immunizations, tests and related medical procedures shall be conducted by the Provider on a
prearranged appointment basis, as scheduled and authorized by the Director of Human Resources or Designee;
3.Have test results reviewed immediately so that employee can be notified as soon as possible of any abnormalities
and/or re -test which might need to performed;
4. Maintain a current record indicating the name, date, and examination(s) completed, and results for each
employee/applicant processed. The Provider must submit written reports compliant with the HIPAA, as well as a
list of recommendations to the Department of Human Resources, for each employee tested and upon request to the
employees personal physician no later than thirty (30) days after completion of examination. Reports not
postmarked thirty (30) days after completion of immunizations will be at no charge to the City of Miami;
5. Conduct Hepatitis A immunization protocol as follows:
• The first visit shall include a training module (may consist of educational video, brochures, questions and
answers, etc.). This visit shall be scheduled between 7:00 am to 5:00 pm, Monday through Friday, excluding
legal holidays.
• After training module, those individuals to be immunized will be given the first dose of the Hepatitis A
vaccine (Havrix A Adult) followed by the second injection six (6) months after the first. Hepatitis A does
not require a blood titer after vaccination. These vaccinations will be by intramuscular injection. The dosing
schedule for Hepatitis A vaccination is 0-6 months.
6. Conduct Hepatitis B immunization protocol as follows:
• After training module, those individuals to be immunized will be given the first dose of the synthetic vaccine
(Recombivax HB or Engerix HB) followed by the second injection one (1) month after the first, and the
third injection six (6) months after the first. A (HBSAB) titer will be drawn 1-2 months after the last
injection. These vaccinations will be by intramuscular injection. The dosing schedule for Hepatitis A
vaccination is 0-1 and 6 months
• It is now recommended that those individuals who do not develop positive HBSABs after a primary series,
repeat the entire series (one time only).
7. Conduct Hepatitis A and B combination vaccine (Twinrix) protocol as follows:
• After training module, those individuals to be immunized will be given the first dose of the synthetic vaccine
(Twinrix) followed by the second injection one (1) month after the first, and the third injection six
(6) months after the first. These vaccinations will be by intramuscular injection. The dosing schedule for
Hepatitis A and B combination vaccination is 0-1 and 6 months.
Hepatitis immunizations are to be provided for the following classifications:
1. Police(all sworn)
2. Others as designated.
Note: Protocol subject to revision as needed.
City of Miami - Services
Pre-employment/Promotional and Physicals (Non -sworn classifications)
Suggested Price
Qty
Total
Alcohol Test
$
5.00
3
$
15.00
Drug Test _Urine
$
36.00
3
$
108.00
Drug & Alochol Test
$
41.00
603
$
24,723.00
$
82.00
$
24,846.00
Vision
Hearing
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Lipid Panel
Spirometry
$
$
72.00
23.00
351
$
25,272.00
$
-
$
-
$
-
351
$
8,073.00
Physical Examination, Review of Labs and Medical History
$
125.00
351
$
43,875.00
PPD
$
5.00
492
$
2,460.00
$
225.00
$
79,680.00
If needed
Hep A Vaccine (2 doses)
$
367.20
Hep B Vaccine (3 doses)
$
480.00
HEP A & B Combined -TWINRIX (3 doses)
$
872.00
1
$
872.00
TDAP (vaccine combination diphtheria, pertussis, and tetanus)
$
109.60
Rubella Titer
$
30.00
$
-
Mumps Titer
$
30.00
$
-
Measles Titer
$
30.00
$
-
MMR vaccine
$
90.00
$
-
Hep A Antigen
$
14.87
$
-
Hep B Antigen
$
12.89
$
-
Hep C Antigen
$
17.12
$
-
HIV Testing
$
25.00
1
$
25.00
Quantiferon test 182879
$
74.38
11
$
818.14
Chest Xray - 2 views
$
90.00
45
$
4,050.00
EKG (Electrocardiogram)
$
31.50
257
$
8,095.50
$
2,274.56
$
13,860.64
Fitness For Duty
Suggested Price
Qty
Total
Alcohol Test
$
5.00
4
$
20.00
DrugTest_Urine
$
36.00
4
$
144.00
Physical Examination and Medical History
$
125.00
4
$
500.00
$
166.00
$
664.00
If needed
$
$
72.00
23.00
Vision
Hearing
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Lipid Panel
Spirometry
EKG (Electrocardiogram)
$
31.50
Chest Xray - 2 views
$
90.00
Referrals: Psychiatry, Neurology, or other Specialty Evaluations
Annual Physical Sworn Police
Suggested Price
Qty
Total
Vision
$
72.00
1400
$ 100,800.00
Hearing
Labs CBC, CMP, UA, Lipid/Thyroid Profile, RPR
Spirometry
$
23.00
1400
$ 32,200.00
EKG (Electrocardiogram)
$
31.50
1400
$ 44,100.00
Heavy Metal Screening (Lead -Arsenic -Mercury, Copper, Tin,Aluminum,Zinc)
$
271.00
1400
$ 379,400.00
Cholinesterase
$
45.00
1400
$ 63,000.00
Bilirubin Direct and Total
$
10.00
1400
$ 14,000.00
Hemoglobin A1C
$
11.65
1400
$ 16,312.80
Blood Type and Rh typing
$
24.00
1400
$ 33,600.00
HBSAB Titer - Hepatitis B Tither
$
20.00
1400
$ 28,000.00
HIV Testing
$
25.00
1400
$ 35,000.00
Quantiferon test 182879
$
74.38
1400
$ 104,126.40
Hep A Antigen
$
14.87
1400
$ 20,815.20
Hep B Antigen
$
12.89
1400
$ 18,043.20
Hep CAntigen
$
17.12
1400
$ 23,973.60
Hemocult
$
10.00
1400
$ 14,000.00
Testosterone
$
30.97
1400
$ 43,360.80
Chest Xray - 2 views
$
90.00
1400
$ 126,000.00
Physical Examination, Review of Lab and Medical History
$
125.00
1400
$ 175,000.00
$
908.38
1400
$ 1,271,732.00
Optional
Ultrasound Abdomen and Pelvis (combined)
$
273.00
CT Abdomen and Pelvis
$
334.54
If needed
Hep A Vaccine (2 doses)
$
367.20
Hep B Vaccine (3 doses)
$
480.00
HEP A & B Combined -TWINRIX (3 doses)
$
872.00
TDAP (vaccine combination diphtheria, pertussis, and tetanus)
$
109.60
Random & Post Accident DOT and Non- DOT
Suggested Price
Qty
Total
Alcohol Test
$
5.00
24
$ 120.00
Drug Test
$
36.00
76
$ 2,736.00
$
41.00
100
$ 2,856.00
Volunteer
Suggested Price
Qty
Total
Drug Test
$
36.00
6
$ 216.00
If needed
$ -
PPD
$
5.00
5
$ 25.00
Physical Examination, Review of Lab and Medical History
$
125.00
1
$ 125.00
$
166.00
12
$ 366.00
Reasonable Suspicion - DOT
Alcohol Test
Suggested Price
Qty
Total
$ 5.00
Drug Test
Return to Duty- DOT
Alcohol Test
$ 36.00
$ 5.00
Drug Test
Follow- up- DOT
Alcohol Test
$ 36.00
$ 5.00
Drug Test
$ 36.00
Post Accident -DOT
Alcohol Test
$ 5.00
Drug Test
$ 36.00
Random - DOT
Alcohol Test
$ 5.00
29
$ 145.00
Drug Test
$ 36.00
72
$ 2,592.00
After Hours -DOT
Alcohol Test
$ 5.00
5
$ 25.00
Drug Test
$ 36.00
5
$ 180.00
Off Site Screening - Waste Management
Drug Test
$ 36.00
200
$ 7,200.00
Administrative/Clinical Personal
$ 300.00
(by Individual per Day)
Division
Service
Annual
Volume
Price
Non Sworn Police- DOT and Non -DOT -Volunteer
Drug and Alcohol Screening
1,032
38,210
Non Sworn Police_ Pre -employment and Physicals
Pre -employment _ Physicals _Fit
612
94,205
Police
Physicals
1,400
1,271, 732
Additional Services (Dive, Bomb, Firearm Team and other)
Physicals
159
129,390
Total
3,203
1,533,537
Fire Arm Instructor Annual Physical Exam
I
Services
Suggested Price
City
Total
Vitals
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Hearing
Vision
Physical Examination, Review of Lab and Medical History
$ 72
$ 125
76
$ 5,472.00
76
$ 9,500.00
Cholinesterase
$ 45
76
$ 3,420.00
Heavy Metal Screening (Lead -Arsenic -Mercury, Copper, Tin,Aluminum,Zinc)
$ 271
76
$ 20,596.00
PSA (Prostate Specific Antigen)
$ 22
76
$ 1,677.17
Hep A Antigen
$ 15
76
$ 1,129.97
Hep B Antigen
$ 13
76
$ 979.49
Quantiferon test 182879
$ 74
76
$ 5,652.58
Hemocult
$ 10
76
$ 760.00
Spirometry
$ 23
76
$ 1,748.00
EKG (Electrocardiogram)
$ 32
76
$ 2,394.00
Chest Xray - 2 views
$ 90
76
$ 6,840.00
$ 792
76
$ 60,169.20
If needed
Hep A Vaccine (2 doses)
$ 367
Hep B Vaccine (3 doses)
$ 480
Stress EKG -Cardiovascular stress test
$ 303
Optional
Echocardiogram
$
585
Stress Echocardiogram
$
585
CA 125
$
25
Mammogram - Police > 40 years
Referrals
Aquatics Physical
Services
Suggested Price Qty
Total
Vitals
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Hearing
Vision
Physical Examination, Review of Lab and Medical History
$
$
72
125
65
$
4,680.00
65
$
8,125.00
EKG (Electrocardiogram)
$
32
65
$
2,047.50
$
228.50
65
$
14,852.50
Optional
Tetanus Immunization
$
37
65
$
2,405.00
Spirometry
$
23
65
$
1,495.00
Chest Xray - 2 views
$
90
$
-
Stress EKG -Cardiovascular stress test
$
303
65
$
19,695.00
Ultrasound Abdomen and Pelvis (combined)
$
273
65
$
17,745.00
CT Abdomen and Pelvis
$
335
$
-
$
1,061.00
65
$
41,340.00
Bomb Squad Annual Physicals (no drug testing)
Services
Suggested Price
Qty
Total
Vision
Hearing
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Lipid Panel
Spirometry
$
$
72
23
4
$
288.00
4
$
92.00
EKG (Electrocardiogram)
$
32
4
$
126.00
Heavy Metal Screening (Lead -Arsenic -Mercury, Copper, Tin,Aluminum,Zinc)
$
271
4
$
1,084.00
Cholinesterase
$
45
4
$
180.00
Bilirubin Direct and Total
$
10
4
$
40.00
Hemoglobin A1C
$
12
4
$
46.61
Blood Type and Rh typing
$
24
4
$
96.00
HBSAB Titer - Hepatitis B Tither
$
20
4
$
80.00
HIV Testing
$
25
4
$
100.00
Quantiferon test 182879
$
74
4
$
297.50
PPD ( Tuberculosis)
$
5
4
$
20.00
Hep A Antigen
$
15
4
$
59.47
Hep B Antigen
$
13
4
$
51.55
Hep C Antigen
$
17
4
$
68.50
Hemocult
$
10
4
$
40.00
Chest Xray - 2 views
$
90
4
$
360.00
Testosterone
$
31
4
$
123.89
Physical Examination, Review of Lab and Medical History
$
125
4
$
500.00
$
913
$
4
$
3,654
If needed
Hep A Vaccine (2 doses)
$
367
Hep B Vaccine (3 doses)
$
480
HEP A & B Combined - TWINRIX (3 doses)
$
872
TDAP (vaccine combination diphtheria, pertussis, and tetanus)
$
110
Optional
Echocardiogram
$
585
Stress Echocardiogram
$
585
CA 125
$
25
Cardiac Calcium Test (CT Scan)
$
116
Marine Patrol Annual Physical Exam
Services
Suggested Price
Qty
Total
Vitals
Labs CBC, CMP, UA, Lipid/Thuroid Profile, RPR
Hearing
Vision
Spirometry
$
$
72
23
14
$ 1,008
14
$ 322.00
Physical Examination, Review of Lab and Medical History
$
125
14
$ 1,750.00
Cholinesterase
$
45
14
$ 630.00
Heavy Metal Screening (Lead -Arsenic -Mercury, Copper, Tin,Aluminum,Zinc)
$
271
14
$ 3,794.00
HepAAntigen
$
15
14
$ 208.15
Hep B Antigen
$
13
14
$ 180.43
Quantiferon test 182879
$
74
14
$ 1,041.26
EKG (Electrocardiogram)
$
32
14
$ 441.00
$
670
14
$ 9,374.85
Additional Test at Hospital
Hospital Price w Prof Fees
Nuclear Stress Test
$
1,470
Stress Echocardiogram
$
585
Echocardiogram
$
585
Stress EKG -Cardiovascular stress test
$
303
CT Abdomen
$
176
CT Abdomen and Pelvis
$
335
CT Pelvic
$
172
CT Thyroid
$
420
Cardiac Calcium Test (CT Scan)
$
116
Ultrasound Abdominal
$
157
Ultrasound Pelvic
$
152
Ultrasound Prostate included in the Testicular
$
149
Ultrasound Testicular Scrotal ( includes Prostate)
$
149
Duplex Carotid Vertebral
$
287
Ultrasound Thyroid/Parathyroid
$
146
Transthoracic echo w/doppler plus color w/ documentation (2D)
$
831
Digital Rectal Exam - PSA Digital
Mammogram - Police > 40 years
Skin Cancer Assessment