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HomeMy WebLinkAboutexhibitForm 1(a) PROFESSIONAL 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 Preventive Medicine Testing Centers Inc. d/b/a Global MRO ("Provider"). RECITAL A. The City has issued a Request for Proposals ("RFP") for the provision of drug screening services ("Services"), Part 1 Services: Employment Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part II Services: Sworn Fire Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part III Services: DOT Alcohol and Controlled Substances Testing (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); and Part IV Services: Sworn Police Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services), and Provider's proposal ("Proposal"), in response thereto, Preventive Medicine Testing Centers Inc. d/b/a Global MRO, has been selected as the most qualified proposal for the provision of Part IIII: DOT Alcohol and Controlled Substances Testing (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services), and for Part IV: Sworn Police Drug 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. 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 2 year period commencing on the effective date hereof. 3. OPTION TO EXTEND: The City shall have two option(s) to extend the term hereof for two (2) additional one (l) year periods, subject to availability and appropriation of funds. City Commission approval shall not be required as long as the total extended term does not exceed two (2) 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 perforrnance of any obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all CoM:PSA & Corp Rcsu Global MRo 2004 2 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 S67,375 [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 the 4111 year will remain the same as those approved for the 3rd year 'extension, as applicable. 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 COM:PSA & Corp Reso Global MRO 2004 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 tines 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 18-55.2 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. CoMJ'SA& Corp Reno Global MR() 2004 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 1 1.9, 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: 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 Provider CoM PSA & Corp Rego Cilohal MR0 MA 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 lndemnitees, 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 CoM:PSA & Corp }cosUlohul MR() 2004 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 (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;I SA & Corp Reso Globut MR() 2004 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 C'UM:l'SA & Corp Rest) Global MRC1 2004 8 procurement and contracts with Blacks, Hispanic and Women -owned 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 party at the address indicated herein or to such other address as a party 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: TO THE CITY: Lucy Oh Vice President/Operations Preventive Medicine Centers Inc. dlb/a Global MRD 5201 Anglers Avenue, Suite 121 Ft. Lauderdale, Florida 33312 Rosalie Mark Director, Department of Employee Relations City of Miami 444 SW 2" d Avenue, 7th Floor Miami, Florida 33130 CufVI:PS4 & Corp liesu Global 119RO 2004 9 • WITH A COPY TO: Maria J. Chiaro Interim City Attorney City of Miami Office of the City Attorney 444 SW 2" d Avenue, Suite 945 Miami, Florida 33130 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of 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. CuMI'SA & Corp Roo Global MR(0 2004 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. CoM:PSA & Corp Reso Global M RO 20U4 27, SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if applicable: 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. "City" CITY OF MIAMI, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Joe Arriola Chief Administrator/City Manager ATTEST: Print Name: Title: Corporate Secretary "Provider" a corporation By: Print Name: Title: President APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Maria J. Chiaro Dania F. Carrillo Interim City Attorney Risk Management Administrator CuM:PSA& Corp Itesu Global MItO 2004 12 CORPORATE RESOLUTION WHEREAS, Preventive Medicine Testing Centers Inc. d/b/a Global MRO 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 authorized 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 and to execute the corresponding perfonnance bond. DATED this day of ,2004. Corporate Secretary Chairperson of the Board of Directors (Corporate Seal) CoM:PSA& Corp Reso Global MR() 2004 13 Cir. ojMirmi, Florida Drug Screening Services RFP 03-04-059 ATTACHMENT A • DRUG SCREENING PROTOCOL (AFSCME (General Employees); IAFF (Sworn Firefighters); Council 79, AFSCME 871 (Solid Waste) Revised 12/05/03 Pursuant to City Commission policy and the various labor agreements, the City of Miami performs drug screens on current and prospective employees. The City of Miami drug screening program shall test for alcohol (if requested) and the following controlled substances: • -Amphetamines -Cannabinoids (11-nor-Delta-9-tetrahydrocannabinol-9-carboxylic acid) -Cocaine (benzoylecgonine) -Phencyclidine -Methaqualone -Opiates . -Barbiturates -Benzodiazepines -Methadone -Propoxyphene -Designer Drugs The following guidelines have been established in conjunction with standards developed by the U.S. Department of Health and Human Services and existing City of Miami departmental policies and requirements as set forth in the existing collective bargaining agreements: PROVIDER QUALIFICATIONS A. The provider must have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory's urine drug testing facility. This individual shall be engaged in and responsible for the day-to-day management of the drug testing laboratory. Minimum qualifications for this individual are: Certification as a laboratory director by the State in forensic or clinical laboratory toxicology; or A Ph.D. in one of the natural sciences with an adequate undergraduate education in biology, chemistry, and pharmacology or toxicology; or Training and experience comparable to a Ph.D. in one of the natural sciences, such as medical or scientific degree with additional training and • City qfMoog Florida Drug Screening Services RFP O3-04-059 laboratory/research experience in biology, chemistry, and pharmacology or toxicology; and - Experience in analytical forensic toxicology including experience with the analysis of biological material for drugs of abuse; and ▪ Training and/or experience in forensic application of analytical toxicology, e.g., publications, court testimony, research concerning analytical toxicology of drugs of abuse, or other factors which qualify the individual as an expert witness in forensic toxicology. B. The provider must have a qualified individual 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 facility subsequently agreed to by the City and the provider. Laboratory facility must be currently licensed by the Florida Department of Health and Rehabilitative Services and/or the Agency for Health Care Administration (AHCA) in clinical chemistry. Laboratory must have the capability of performing drug screenings and GCMS confirmations at the same facility. The provider's premises and equipment must have passed Federal and State inspections. Volmetric pipettes and measuring devices shall be certified for accuracy or be checked by gravimetric, calorimetric, or other verification procedure. Automatic pipettes and dilutors shall be checked for accuracy and reproducibility before being placed in service and checked periodically thereafter. There shall be written procedures for instrument setup and normal operation, a schedule for checking critical operating characteristics for all instruments, tolerance limits for acceptable function checks and instructions for major trouble shooting and repair. Records shall be available on preventive maintenance. City fAf/ami, Florida Drug Screening Services RFP 03-01-059 There shall be written procedures for the actions to be taken when systems are out of acceptable limits or errors are detected. There shall be documentation that these procedures are followed and that all necessary corrective actions are taken. There shall also be in place systems to verify all stages of testing and reporting and documentation that these procedures are followed. D. The provider's facility must have a quality assurance program which encompasses all aspects of the testing process: specimen acquisition, chain of custody security and reporting results, in addition to the screening and confirmation of analytical procedures. Quality control procedures will be designed, implemented and reviewed to monitor the conduct of each step of the process. The provider's facility must meet or exceed standards established by the Department of Health and Human Services. E. The provider must have experience in handling toxicology specimens (both urine and blood) and provide a well documented chain of custody for all tests. F. The provider must have a procedure manual which includes the principles of each test, preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of methods, sensitivity of the methods, cutoff values, mechanisms for reporting results, controls, criteria for unacceptable specimens and results, remedial actions to be taken when the test systems are outside of acceptable limits, reagents and expiration dates, and references. Copies of all procedures and dates on which they are in effect shall be maintained as part of the manual. G. The provider shall maintain documentation of all aspects of the testing process. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer -generated data. The provider shall not dispose of any such records or documents without receiving written consent from the City. H. 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. CiryofMiami. Florida Drug Screening Services RFP 03-0-059 • SPECIMEN COLLECTION SERVICES (For Fire [IAFF] and Solid Waste [Florida Public Employees Council 79, AFSCME 8711 bargaining unit employees) 1. Chain of Custody A chain of study of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. 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. Every effort shall be made to minimize the number of persons handling specimens. 2. Integrity and Identity of Specimen 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. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: 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 appropriate department (Fire -see page 22, or the appropriate designated individual from Solid Waste must be notified of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel must in writing vouch for the individual's identity. 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 consist of a private and secure restroom facility. sn C10' of Miami, Florid Drug Screening Services RFP 03.04-059 • C. After washing of hands, 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 one (1) sealed package containing sterilized containers for the collection of urine to be tested. E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the area (restroom) and shall document on the "Drug Testing Custody and Control' form in the comments section, that the area is free of any foreign substances. The collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, 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. The collection site person shall then notify the appropriate department (Fire or Solid Waste - see "A" for telephone numbers). In the event the employee has not provided a sample, the procedure must begin again from the beginning. 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. CIty ofMlaini. Florida Drug Screening Services RFP 03-04-O59 • Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 35 milliliters of urine. If the individual fails for any reason, to provide at least 35 milliliters or urine, but enough for testing, he/she should be advised that testing will proceed on the sample provided. If the individual fails to appear at the collection site at the assigned time, the collection site person shall advise Solid Waste (See "A") or the Fire Department (page 22). �. 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. Any unusual findings shall be noted on the "Drug Testing Custody and Control" form. 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. If the specimen's temperature is not within the acceptable range, the sample shall be considered as adulterated and Solid Waste (see "A") or Fire (page 22) shall be notified immediately. If, in the professional opinion of the collection site person, any urine or sample is suspected as having been adulterated by any means, the collection site person shall notify the appropriate department as previously indicated. In such cases the individual may be required to provide an additional sample under direct observation by an observer of the same gender. M. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. N. The donor should provide at least 35 milliliters of specimen. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. At least 20 milliliters will be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured into the second bottle. 0. The collection site person shall place securely on the bottles an identification label which contains the date, the individual's name, ID number and specimen number. P. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from hint or her. City of Miami, Florida Drug Screening Services RFF 03.04-059 • Q• Both the collection site person and the individual being tested shall keep the specimen in view at all times prior to sealing and labeling. R. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. SPECIMEN COLLECTION PROCEDURES (For all employees excluding Fire and Solid Waste bargaining unit employees) 1. Chain of Custody A chain of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. 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. Every effort shall be made to minimize the number of persons handling specimens. 2. Integrity and Identity of Specimen The laboratory 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 in the record book can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: A. When an individual arrives at the collection site, the collection site person shall request the individual to present photo identification. If the individual's identity cannot be established, the collection site person shall not proceed with the collection. The Department of Employee Relations (416-2100) shall be notified of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel (if applicable), must in writing vouch for the individual's identity. 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 consist of a private and secure restroom facility. 0 City O'Mara". Florida Drug Screening Services RFP 03-04-059 C. After washing of hands, 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. 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. The collection site person shall provide a receipt for personal belongings if requested by the individual. D. The individual shall be given one (1) wrapped sealed package containing sterilized containers for the collection of urine to be tested. E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the site (stall) and shall document that the site is free of any foreign substances. The collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, the individual 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 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. The collection site person shall then notify the Department of Employee Relations (41 d-2100). In the event the employee has not provided a sample, the procedure must begin again from the beginning. 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 on the "Drug Testing Custody and Control" form in the comments section, any unusual behavior or appearance of the individual. Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 35 milliliters of urine. If the individual fails for any reason to provide at least 35 milliliters of urine, but enough for testing, he/she should be advised that testing will proceed on the sample provided. If the individual fails to appear at the collection site Clry ofMidw4 Florida Drug Screening Services RFP 03•44-059 at the assigned time, the collection site person shall contact the Department of Employee Relations (416-2100) to obtain guidance on the action to be taken. 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 Iook for any signs of contaminants. Any unusual findings shall be noted on the "Drug Testing Custody and Control" form in the comments section. L. Immediately upon receiving the specimen, the collection site person shall check the temperature sensitive label on each specimen cup to determine if they are at an acceptable temperature. If the specimens temperature is not within the acceptable range, the sample shall be considered as adulterated, and the Department of Employee Relations shall be immediately notified. If in the professional opinion of the collection site person, any urine specimen or sample is suspected as having been adulterated, by any means, the collection site person shall immediately notify the Department of Employee Relations (416-2100). In such cases the Department of Employee Relations may require .the individual to provide an additional sample under direct observation by an observer of the same gender. M. Where an individual appears unable, or unwilling, to provide a sample at the time of the collection, the collection site person shall document the circumstances on the "Drug Testing Custody and Control" form, in the comments section. The individual, if an applicant, must be advised that he/she has until midnight to provide a sample. If the individual is an employee he/she should remain at the facility as long as is necessary for the individual to provide an acceptable sample. If after 1,5 hours, the individual is unable or unwilling to provide a sample, the collection site person shall contact the Department of Employee Relations (416-2100). N. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. O. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. At least 20 milliliters must be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured into the second bottle. Clry of Miami. Florida Drug Screening Service: RFP 03.04-059 P. The collection site person shall place securely on the bottle an identification label which contains the date, the individual's name, ID number and specimen number. Q, The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from him or her. R. Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. S. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. LABORATORY ANALYSIS PROCEDURES 1. 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 through 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 transferred, 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. 2. Receiving Specimen bottles will normally be retained within the laboratory's accession area until all analyses have been completed. Aliquots and the laboratory's chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests. A. Short -Term Refrigerated Storage In the event a specimen does not receive an initial test on the day of receipt it shall be placed in a secure refrigeration unit. The temperature shall not Cfgr of Miami, Florida Drug Screening Services RFP O3.04-09 • exceed 6*C. Emergency power equipment shall be available in case of prolonged power failure. B. Specimen Processing The laboratory facility will process specimens by grouping them into batches except when results are requested on a stat basis. The number of specimens in each batch may vary significantly depending on the size of the laboratory and its workload. When conducting either initial or confirmatory tests, every batch shall contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysis. The batches shall include controls certified to contain no drugs. 3. Initial Test The initial test shall be performed using an immunoassay method as agreed upon between the Provider and the City. Initial cutoff levels from the following chart will be utilized when screening urine specimens: Drug Screening Cut -Off -Level Council 79, (Excluding IAFF, IAFF AFSCME 871 Council 79, AFSCME 871 Members Members & FOP Only Only (NG/MLi (NG/ML) (NG/ML) -Amphetamines 1,000 .Barbiturates 300 - Benzodiazepines 300 -Cocaine Metabolites 300 - Cannabinoids 50 Methadone 300 - Methaqualone 300 •Opiates 2,000 •Propoxyphene 300 - Phencyclidine (PCP) 25 Tricyclic Antidepressants --- Designer Drugs* 500 100 50 300 100 300 300 25 300 1,000 300 300 50 40 750 1,000 25 *(Industry Standard) NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff Ievel by the use of quality control both open and blind. fclry of efiami. Florida Drug Screening Services RFP 03-04-059 If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. NOTE: Positive result for IAFF members shall be a concentration in excess of quantity listed. 4. Confirmatory Test All urine specimens identified as positive on the initial test for applicants (employment) will be confirmed by gas chromatography -mass spectrometry (GCMS). All urine specimens identified as positive on the initial test for current employees shall be confirmed by (GCMS). All confirmations for cannabinoids and cocaine metabolites shall be by quantitative analysis. For all other drugs, the confirmatory test shall detect the confirmed presence of a substance. However, for Council79, AFSCME 871 (Solid Waste) Bargaining Unit members only, the presence of marijuana metabolite must be confirmed at 20 ng/ml or greater. For IAFF Bargaining Unit members only, the confirmation cutoff concentration shall be the same as those established for the initial test and a positive result shall be a concentration in excess of cutoff. All positive test for IAFF members for a controlled substance will be confirmed using the employee's separate sample if given, or reserve portion of the initial sample by GCMS. OTHER 1. Specimen Choice A. Employment - Urine B. Post Accident/Reasonable Suspicion/Annual Physical/ Fire - Random Group Alcohol ▪ AFSCME EBT ▪ International Blood Controlled Substances Urine Urine t/ u Employee can provide a separate second sample at either a hospital or accredited testing lab, as chosen by the City,, within four (4) hours from time of giving the initial sample. LYry ojAlloui, Florida Drug Screening Services RFP 01.41-059 • Assoc. of Firefighters Council 79, EBT Urine AFSCME 871 (Solid Waste) 2. Blood Alcohol Testing Blood Alcohol Testing shall be done upon request. Chain of custody requirements will be the same as for urine specimen. All blood alcohol results shall be reported as grams/percent. Confirmation testing of blood specimens shall be perforrned utilizing enzymatic methods of quantitative alcohol measurement approved by Florida's Agency for Health Care Administration and/or as agreed upon by the City. 3. Testimony Personnel involved in the administration of drug screens as required by the City of Miami or court must testify on behalf of the City in case of a Civil Service hearing lawsuit, or similar proceedings, relative to testing procedures and/or chain of custody. Qualified laboratory personnel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 4. Time Requirements All chemical tests shall be conducted as soon as practical, preferably the same day. If results are positive, confirmatory test must be started immediately so that employee can be informed of those results. For IAFF members the employee must be notified of a positive result within twelve (12) hours from the receipt of the laboratory reports, but in no case shall this notice occur more than 36 hours after the time the sample was given. The City will be responsible for notifying the employee. Should the employee wish to give a separate second sample, it shall be performed within four (4) hours from the time of giving the Initial sample. All positive tests for a controlled substance will be confirmed using the employee's separate sample if given or the reserve portion of the initial sample by GCMS. Council 79, AFSCME 871 (Solid Waste) members have twenty-four (24) hours after notification of a positive result to request a second test on the remainder of the original sample. City of Miami, Florida Drug Screening Services RFP 03-04.039 5. Storage of Specimen • The lab shall store positive specimens for a minimum of one (1) year, longer upon request, or if involved in litigation; negative specimens must be stored for a minimum of five (5) days. 6. Reporting Results Results must be available within 24 hours of test. Written test results shall be delivered to the Department of Employee Relations within 24 hours of completion of test (Monday thru Friday). Verbal results should be released to authorized personnel only. Results may be transmitted by various electronic means.(e.g., facsimile). All specimens negative on the initial test or negative on the confirmatory test shall be reported as negative. Only specimens confirmed positive shall be reported positive for a specific drug. A monthly statistical summary of drug testing shall be provided to the Department of Employee Relations. A separate statistical summary shall be provided for Fire annual physicals. The summary shall contain the following information: Initial Testing: * Number of specimens received; * Number of specimens reported out; and * Number of specimens screened positive for: Amphetamines Cannabinoids Cocaine Phencyclidine Methaqualone Opiates Barbiturates Benzodiazepines Methadone Propoxyphene Tricyclic Antidepressants Designer Drugs - Confirmatory Testing: COP ofMiami. Florida Drug Screening Services RIP 03.04-059 • * Number of specimens received for confirmation; * Number of specimens confirmed positive for: ▪ Amphetamines Cannabinoids Cocaine Phencyclidine (PCP) ▪ Methaqualone Opiates Barbiturates Benzodiazepines - Methadone ▪ Propoxyphene Tricyclic Antidepressants Designer Drugs 8. Reporting of Positive Results (Fire Department) The following procedure will be utilized when it becomes necessary to notify the Miami Fire Department that one of its members has tested positive for drugs. If after fifteen minutes you have not received a response from the individual you are attempting to contact, please continue down the list. The below listed individuals will be responsible for assuring that the proper procedures are followed and confidentially maintained. 1. Executive Asst. Veldora Arthur, Personnel Officer Office Number - (305) 416-1630 Monday - Friday from 8:00 a,m. - 5:00 p.m. Cellular Number — (305) 807-4002 Digital Pager Number - (305) 483-8698 Home Number - (954) 385-9333 2. Chief Reginald Duren Assistant Chief of Management Services Office Number — (305) 416-1605 Monday — Friday from 8:00 a.m. — 5:00 p.m. Cellular Number — (954) 258-5204 Digital Pager Number— (305) 881-0818 Home Number — (954) 476-5822 3. Fire Central Information Office - (305) 579-6245 CiryofMiami, Florida Drug Screening Services pyp03.04_O59 This office is staffed 24 hours a day. i`lave the officer answering your call contact the on -call Staff Duty Officer. This level shall seldom, if ever, be utilized. 9. Forms A. Request for Medical Examination This form will be utilized to perform reasonable suspicion testing of current employees who are either members of the AFSCME, IAFF, or Council 79, AFSCME 871 (Solid Waste) Bargaining Units or are Managerial/Confidential, Executive, Unclassified, Temporary or Part-time employees. This form is to be completed by the employee and his supervisor. (See Attachment A). B. Drug Testing Authorization Form - City of Miami Drug Testing Program This form will be utilized for all employees for drug testing. (See Attachment B). DRUG SCREENING PROTOCOL (Miami Police Department Only) Revised 5/19/03 Pursuant to City Commission policy and the various labor agreements, the City of Miami performs drug screens on current and prospective employees. The City of Miami drug screening program shall test for alcohol (if requested) and the following controlled substances: - Marijuana Metabolites - Cocaine Metabolites -Phencyclidine (PCP) -Amphetamines - Opiate Metabolites • City of Miami, Florida Drag Screening Services RFP 0344-059 The following guidelines have been established in conjunction with standards developed by the U.S. Department of Health and Human Services and existing City of Miami departmental policies and requirements as set forth in the existing collective bargaining agreement; PROVIDER QUALIFICATIONS A. The provider must have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory's urine drug testing facility. This individual shall be engaged in and responsible for the day-to-day management of the drug testing laboratory. Minimum qualifications for this individual are: - Certification as a laboratory director by the State in forensic or clinical laboratory toxicology; or - A Ph.D. in one of the natural sciences with an adequate undergraduate education in biology, chemistry, and pharmacology or toxicology; or Training and experience comparable to a Ph.D. in one of the natural sciences, such as medical or scientific degree with additional training and , laboratory/research experience in biology, chemistry, and pharmacology or toxicology; and Experience in analytical forensic toxicology including experience with the analysis of biological material for drugs of abuse; and Training and/or experience in forensic application of analytical toxicology, e.g., publications, court testimony, research concerning analytical toxicology of drugs of abuse, or other factors which qualify the individual as an expert witness in forensic toxicology. B. The provider must have a qualified individual 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. C. All tests shall be conducted in a licensed facility operated by the provider or at such facility subsequently agreed to by the City and the provider. Laboratory facility must be currently licensed by the Florida Department of Health and Rehabilitative Services in clinical chemistry. Laboratory must have the capability of performing drug screenings and GCMS confirmations at the same facility. Po, of Miami, Florida Drug Screening Services liFp 0341-059 The provider's premises and equipment must have passed Federal and State inspections. Volmetric pipettes and measuring devices shall be certified for accuracy or be checked by gravimetric, colorimetric, or other verification procedure. Automatic pipettes and dilutors shall be checked for accuracy and reproducibility before being placed in service and checked periodically thereafter. There shall be written procedures for instrument setup and normal operation, a schedule for checking critical operating characteristics for all instruments, tolerance limits for acceptable function checks and instructions for major trouble shooting and repair. Records shall be available on preventive maintenance. There shall be written procedures for the actions to be taken when systems are out of acceptable limits or errors are detected. There shall be documentation that these procedures are followed and that all necessary corrective actions are taken. There shall also be in place systems to verify all stages of testing and reporting and documentation that these procedures are followed. D. The provider's facility must have a quality assurance program which encompasses all aspects of the testing process: specimen acquisition, chain of custody security and reporting results, in addition to the screening and confirmation of analytical procedures. Quality control procedures will be designed, implemented and reviewed to monitor the conduct of each step of the process. The provider's facility must meet or exceed standards established by the Department of Health and Human Services. E. The provider must have experience in handling toxicology specimens (both urine and blood) and provide a well documented chain of custody for all tests. F. The provider must have a procedure manual which includes the principles of each test, preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of methods, sensitivity of the methods, cutoff values, mechanisms for reporting results, controls, criteria for unacceptable specimens and results, remedial actions to be taken when the test systems are outside of acceptable limits, reagents and expiration dates, and references. Copies of all procedures and dates on which they are in effect shall be maintained as part of the manual. G. The provider shall maintain documentation of all aspects of the testing process The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer -generated data. The provider shall not City of Miami, Florida Drug Screening Services REP 03-04-039 • dispose of any such records or documents without receiving written consent from the City. H. 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. SPECIMEN COLLECTION PROCEDURES (Sworn Miami Police Department Personnel) 1. Specimen collection procedures shall conform to procedures as outlined under the current SAMHSA Urine Specimen Collection Handbook. 2. For the purpose of a donor's identification, photo identification shall consist of a City of Miami Police Department photo employee ID badge. When a Police Department representative is necessary for identification, the collector shall notify the Police Department's Communications Section, Complaint Sergeant, at (305) 579-3449. The Complaint Sergeant shall notify the donor's commanding officer who shall immediately respond to the collection site. No other fonn of . identification shall be acceptable. 3. All screenings will consist of split specimen samples and the appropriate collection procedures shall apply. 4. In cases wherein a sample or a specimen is suspected of being adulterated or substituted, the donor shall not be allowed to leave the collection site and the collector shall notify an Internal Affairs Section Commanding Officer at (305) 579-6461 during normal working hours. For after hours, the collection shall notify the Communications Section Complaint Sergeant at (305) 579-3449, who shall immediately notify the on -call Internal Affairs Commanding Officer and the donor's Commanding Officer. Appropriate procedures for a second collection shall then be initiated. 5. In instances wherein a donor is unable or unwilling to provide a urine sample, the procedures under Chapter 7 of the Urine Specimen Collection Handbook, Shy Bladder Procedure, shall be initiated. Additionally, Internal Affairs shall be notified as described above. 6. A Medical Review Officer (MRO), provided by this provider, shall review all results. The MRO shall notify the Internal Affairs Section of all positive results. 7. Substances tested and cutoff concentrations shall be in accordance with current Federal Standards for Urine Drug Testing Cutoff Concentrations, as specified in the Guidelines for Federal Workplace Drug Testing Programs. • Oro%Ml mf, Florida Drug Screening Services RFP 03-04-059 • LABORATORY ANALYSIS PROCEDURES 1. 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 through 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 transferred, 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. 2. Receiving Specimen bottles will normally be retained within the laboratory's accession area until all analyses have been completed. Aliquots and the laboratory's chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests. A. Short -Term Refrigerated Storage In the event a specimen does not receive an initial test on the day of receipt it shall be placed in a secure refrigeration unit. The temperature shall not exceed 6*C. Emergency power equipment shall be available in case of prolonged power failure. B. Specimen Processing The laboratory facility will process specimens by grouping them into batches except when results are requested on a stat basis. The number of specimens in each batch may vary significantly depending on the size of the laboratory and its workload. When conducting either initial or confirmatory tests, every batch shall contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysis. The batches shall include controls certified to contain no drugs. • AA ay of Miami. Florida Drug Screening Services. RFP 03.04-059 • Initial Test The initial test shall be performed using an immunoassay method as agreed upon between the Provider and the City. Initial cutoff levels from the following chart will be utilized when screening urine specimens: Drug 1) Marijuana Metabolites (i) Delta-9-Tretrahydrocannabino1-9- carbolic acid (THC) 2) Cocaine Metabolites (i) Benzoylecgonine 3) Phencyclidine (PCP) 4) Amphetamines (i) Amphetamine (ii) Methamphetamine 5) Opiate Metabolites (i) Codeine (ii) Morphine (iii) 6-acetylmorphine (6-AM) FOP Members Only (NG/ML) Initial leg 50 300 25 1000 2000 GCMS 15 150 25 500 500 (Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/mL.) 2000 2000 (Test for 6-acetylmorphine (6- AM) in the specimen) 10 (Conduct this test only when specimen contains morphine at a concentration greater than or equal to 2000 ng/mL.) NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff level by the use of quality control both open and blind. If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. Cly of Mewl, Florida Drug Screening Services RFP OJ•O4-O59 NOTE: Positive result for FOP members shall be a concentration in excess of quantity fisted. 4. Confirmatory Test All urine specimens identified as positive on the initial test for applicants (employment) will be confirmed by gas chromatography -mass spectrometry (GCMS). All urine specimens identified as positive on the initial test for current employees shall be confirmed by (GCMS). All confirmations for cannabinoids and cocaine metabolites shall be by quantitative analysis. For all other drugs, the confirmatory test shall detect the confirmed presence of a substance. GCMS confirmation levels are outlined on page 5-6 for FOP Bargaining Unit members. For FOP members, any test showing a "positive" result will be confirmed by the GCMS method or other industry standard method before administrative action is commenced by testing the second portion of the sample tested. OTHER . 1. Specimen Choice A. Post Accident/Reasonable Suspicion/Annual Physical Controlled Group Alcoho Substances Fratemal Order Blood Urine of Police (FOP) 2. Blood Alcohol Testing BIood Alcohol Testing shall be done upon request. Chain of custody requirements will be the same as for urine specimen. All blood alcohol results shall be reported as grams/percent. Confirmation testing of blood specimens shall be performed utilizing enzymatic methods of quantitative alcohol measurement approved by Florida's Agency for Health Care Administration and/or as agreed upon by the City. 3. Testimony Clee of Miami. Florida Drug Screening Services RFP 03•60-059 Personnel involved in the administration of drug screens as required by the City of Miami or court must testify on behalf of the City in case of a Civil Service hearing lawsuit, or similar proceedings, relative to testing procedures and/or chain of custody. Qualified laboratory personnel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 4. Time Requirements All chemical tests shall be conducted as soon as practical, preferably the same day. If results are positive, confirmatory test must be started immediately so that employee can be informed of those results. 5. Storage of Specimen The lab shall store positive specimens for a minimum of one (1) year, longer upon request, or if involved in litigation; negative specimens must be stored for a minimum of five (5) days. 6. Reporting Results Employment results must be available within 24 hours of test. Written test results shall be delivered to the Department of Employee Relations within 24 hours of completion of test (Monday thru Friday). Verbal results should be released to authorized personnel only. Results may be transmitted by various electronic means.(e.g., facsimile). All specimens negative on the initial test or negative on the confirmatory test shall be reported as negative. Only specimens confirmed positive shall be reported positive for a specific drug. A monthly statistical summary of drug testing shall be provided to the Department of Employee Relations. A separate statistical summary shall be provided for Police drug screens. The summary shall contain the following information: - Initial Testing: * Number of specimens received; * Number of specimens reported out; and * Number of specimens screened positive for: Marijuana Metabolites Cocaine Metabolites Phencyclidine (PCP) Amphetamines Opiate Metabolites • [n Clry of Miam{ Florida Drug Screening Services REP 03.04-059 • - Confirmatory Testing: * Number of specimens received for confirmation; * Number of specimens confirmed positive for: • Marijuana Metabolites Cocaine Metabolites Phencyclidine (PCP) Amphetamines Opiate Metabolites 7. Special Requirements for Annual Drug Screens (Sworn Personnel - Police Department). A. Must be able to test at least 104 officers a month, Monday through Thursday, and be able to schedule collection site personnel for the day (8:30 a.m. - 5:00 p.m.), and midnight shifts (9:00 p.m. - 12:00 a.m.). Times may vary. B. All containers must be sterilized and individually packaged. C. Must secure two (2) samples for testing. The reserved sample shall be tested. D. All chemical tests shall be conducted as soon as practical, preferably the same day. E. Must test all samples using an initial screening test and confirming all positives using the Gas Chromatography Mass Spectrometry (G.C.M.S.) or better testing. F. The Internal Affairs Section shall be notified of all positive results confirmed through GC -MS testing. G. In all cases where the employee listed use of any medication where the sample tests positive for the same, Internal Affairs must be notified between 8:00 a.m. - 4:00 p.m. After 4:00 p.m. notification must be made on the following work day Monday through Friday. H. All samples which test positive will be kept under Chain of Custody condition until all Administrative or Judicial proceedings are over. I. Chain of Custody must be proved by the following means: • Clry, ofMiaa'4 FloHda Drug Screening Services !VP 03-04-059 1. Be able to prove the vial or cup was properly labeled with the officer inscribing his/her name and any other identifying information as required by the laboratory. 2. Be able to prove that the sample was not tampered with while in the custody of the lab. 3. Be able to document who received sample, and what happened to it. 4. Be able to document who tested sample and how the technician received the sample. 5. Be able to prove samples kept in a secure location. 6. Be able to prove that the test results are of the sample in question. J. Fax daily, by 8:30 a.m. to the Health Services Unit a list of those employees who reported for testing on the previous day. The list should include the employee's name and IBM number and be faxed to 579-6169. K. Reporting of Positive Results (Police Department) The following procedure will be utilized when it becomes necessary to notify the Miami Police Department that one of its members has tested positive for drugs. Please notify Sgt. Jesse Kelley of the Internal Affairs Section. If after ten minutes you have not received a response from Sgt. Kelley, please continue down the below Iist. 1. Sgt. Jesse Kelley Internal Affairs Section Office: (305) 579-6461 (Tuesday - Friday/0700-1700) Cellular: (786) 412-0351 Pager: (305) 483-8987 2. Lt. Jorge Perez . Internal Affairs Section Office: (305) 579-6461 (Monday - Friday/0800-1800) Cellular: (786) 229-5024 Pager: (305) 483-8841 3. Captain Armando Martinez Internal Affairs Section C iy of Mian4 Florida Drug Screening Services RFP 03-04.059 9. ;dorms • Office: (305) 579-6461 (Monday-Friday/0800-1700) CeI1: (786) 367-7242 (305) 483-5543 A. Drug Testing Custody and Control Form - Miami Police Department Drug Testing Program This form will be utilized for FOP bargaining unit members (sworn personnel in the Police Department) for drug testing. (See Attachment A) • .7, ATTACHMENT B. • 6.9 PRICE PROPOSAL SHEETS (Page 3) Part Ill Services: DOT Alcohol and Controlled Substances Testing Estimated Cost Per Extended Description Quantity gxaminatiort Cost A. Collection Facility Urine specimen collection 300 $ 10 $ 3 , 000 with Chain of Custody Evidential Breath Testing 300 $ 25 $ 7,500 Next day delivery to Testing 300 $ N/C $ N/C Facility with Chain of Custody D. Drug Testing Facility Urine Drug Screen (5 drugs) 300 with Chain of Custody •$ 13 $ 3,900 Evidential Breath Testing 300 $ N/A $ N/A GCMS Confirmation 25 $ N/C $ N/C with Chain of Custody Consultation & Testimony 10 hours $100/hr $ 1 , 000 MEP Services Medical Review Officer 300 $ 8 $ 2 , 900 Global MRO is capable of providing all the above services and thus will not breakout services if the contract is awarded to another vendor. Global MRO will invoice the City of Miami a flat fee of $31.00 aer test for urine drug screen and $25.00 Der test for evidential breath test. List any additional charges necessary (if any) to meet the terms of the contract. OD -site Collection: 10 or more specimens $ No Charge Less than 10 specimens $ 75,00 one-time set up fee per trip After Hour Service: Monday -Friday: 5 p.m.-8:30 a.m. Saturday and Sunday: All day Flat Fee Per Donor/Employee $75.00 --- V-3 ATTACHMENT B 6.9 PRICE PROPOSAL. SHEETS (Page 4) • part IV Services: Sworn Police Drug Screening Services Estimated Cost Per Extended Description Quantity Examination Cost A. Collection Facility Urine specimen collection 1,250 $ 10 $ 12, 500 with Chain of Custody 10 150 Blood Alcohol Level collection 15 $ $ with Chain of Custody Next day delivery to Testing 1,250 $ N/C $ N/C Facility with Chain of Custody E. Drug Testing Facility Urine Drug Screen (5 drugs) 1,250 with Chain of Custody Blood Alcohol Level Test with Chain of Custody $ 13 $ 16,250 15 $ 15 $ 225 GCMS Confirmation 50 $ N/C $ N/c with Chain of Custody Consultation & Testimony 50 hours $ 100/hr $ 5,000 C. MRO Services Medical Review Officer 1,250 $ 8 $ 10,000 Global MRO is capable of providing all the above services and thus will not breakout services if the contract is awarded to another vendor. Global MRO will invoice the City of Miami a flat fee of $31.00 per test for urine drug screen and $25,00 per test for blood alcohol test List any additional charges necessary (if any) to meet the terms of the contract. On -site Collection: 10 or more specimens $ No Charge Less than 10 specimens $ 75.00 one-time set up fee per trip After Hour Service: Monday -Friday: 5 p.m,-8:30 a.m. Saturday and Sunday: All day Flat Fee Per Donor/Employee $75,00 V--4 • Form 1(a) PROFESSIONAL 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 Mercy Medical Development d/b/a Mercy Outpatient Center ("Provider"). RECITAL A. The City has issued a Request for Proposals ("RFP") for the provision of drug screening services ("Services"), Part 1 Services: Employment Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part 'II Services: Sworn Fire Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); Part III Services: DOT Alcohol and Controlled Substances Testing (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services); and Part IV Services: Sworn Police Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services), and Provider's proposal ("Proposal"), in response thereto, Mercy Medical Development d/b/a Mercy Outpatient Center, has been selected as the most qualified proposal for the provision of Part 1: Employment Drug Screening Services (A. Collection Facility, B. Drug Testing Facility, and C. MRO Services), and for Part 11; Sworn Fire Drug 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. 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 2 year period Commencing on the effective date hereof. 3. OPTION TO EXTEND: The City shall have two option(s) to extend the term hereof for two (2) additional one (1) year periods, subject to availability and appropriation of funds. City Commission approval shall not be required as long as the total extended term does not exceed two (2) 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 obligations to the City; (iii) all personnel assigned to perform the Services are and shall be, at all CoM:PSA & Corp Reso Mercy Drug Testing 2004 2 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 $30,000 [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 the 411' year will remain the same as those approved for the 3rd year extension, as applicable. 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 CuMa'SA & C'orp Roo Mercy Drug Tcsling 2004 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 , cr 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 tern 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 18-55.2 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. CoMVM:ASA & Corp Rego Mercy Drug Testing 2004 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 1 19, 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 lndemnitees, 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 Rcsa Mercy Drti Testing 2004 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 Indemnitees, 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 erployee 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 CoMYSA & Corp Rio Mercy Drug; Testing 201)4 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 (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 CuM:PSA & Carp Reau Macy Drug Tasting 2004 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 CoM:PSA & Corp Resa Mercy Drug Testing 2004 8 • procurement and contracts with Blacks, Hispanic and Women -owned 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 party at the address indicated herein or to such other address as a party 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: TO THE CITY: Sandra Cohan Administrator, Mercy Outpatient Center Mercy Medical Development d/b/a Mercy Outpatient Center 3661 South Miami Avenue Miami, FL 33133 Rosalie Mark Director, Department of Employee Relations City of Miami 444 SW 2" d Avenue, 7`h Floor Miami, Florida 33130 CoM:PSA & Corp Itesu Mercy Drug Teming 2004 9 WITH A COPY TO: Maria J. Chiaro Interim City Attorney City of Miami Office of the City Attorney 444 SW 2" Avenue, Suite 945 Miami, Florida 33130 20. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of 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. C'uM:J1SA & Corp Rest) Mercy Drug Testing 2004 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. CoM:I'SA & Corp Res) Mercy Drug Testing 2004 11 27. SPECIAL INSURANCE AND INDEMNIFICATION RIDER: Please initial if applicable: 1N 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. "City" CITY OF MIAMI, a municipal ATTEST: corporation By: Priscilla A. Thompson, City Clerk Joe Arriola Chief Administrator/City Manager ATTEST: Print Name: Title: Corporate Secretary "Provider" a corporation By: Print Name: Title: President APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Maria J. Chiaro Dania F. Carrillo Interim City Attorney Risk Management Administrator CuM;NSA & Corp Reru Mercy Drug Testing'_flil4 12 CORPORATE RESOLUTION WHEREAS, Mercy Medical Development d/b/a Mercy Outpatient Center 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 authorized 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 and to execute the corresponding performance bond. DATED this day of ,2004. Corporate Secretary Chairperson of the Board of Directors (Corporate Seal) CuM;PSA & Corp Resu Mercy Drug Testing 2004 13 City of Aliami• Florida Drug Screening Services RFP 113.04-OS9 ATTACHMENT A DRUG SCREENING PROTOCOL (AFSCME (General Employees); IAFF (Sworn Firefighters); Council 79, AFSCME 871 (Solid Waste) Revised 12/05/03 Pursuant to City Commission policy and the various labor agreements, the City of Miami performs drug screens on current and prospective employees. The City of Miami drug screening program shall test for alcohol (if requested) and the following controlled substances: -Amphetamines -Cannahinoids (11-nor-Delta-9-tetrahydrocannabinol-9-carboxylic acid) - Cocaine (benzoylecgonine) - Phencyclidine - Methaqualone - Opiates -Barbiturates -Benzodiazepines -Methadone -Propoxyphene -Designer Drugs The following guidelines have been established in conjunction with standards developed by the U.S. Department of Health and Human Services and existing City of Miami departmental policies and requirements as set forth in the existing collective bargaining agreements: PROVIDER QUALIFICATIONS A. The provider must have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory's wine drug testing facility. This individual shall be engaged in and responsible for the day-to-day management of the drug testing laboratory. Minimum qualifications for this individual are: Certification as a laboratory director by the State in forensic or clinical Iaboratory toxicology; or A Ph.D. in one of the natural sciences with an adequate undergraduate education in biology, chemistry, and pharmacology or toxicology; or Training and experience comparable to a Ph.D. in one of the natural sciences, such as medical or scientific degree with additional training and 0 City of Miae+i, Florida Drug Screening Services RfP 03•O4' S9 laboratory/research experience in biology, chemistry, and pharmacology or toxicology; and Experience in analytical forensic toxicology including experience with the analysis of biological material for drugs of abuse; and Training and/or experience in forensic application of analytical toxicology, e.g., publications, court testimony, research concerning analytical toxicology of drugs of abuse, or other factors which qualify the individual as an expert witness in forensic toxicology. B. The provider must have a qualified individual 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 facility subsequently agreed to by the City and the provider. Laboratory facility must be currently licensed by the Florida Department of Health and Rehabilitative Services and/or the Agency for Health Care Administration (AHCA) in clinical chemistry. Laboratory must have the capability of performing drug screenings and GCMS confirmations at the same facility. The provider's premises and equipment must have passed Federal and State inspections. Volmetric pipettes and measuring devices shall be certified for accuracy or be checked by gravimetric, calorimetric, or other verification procedure. Automatic pipettes and dilutors shall be checked for accuracy and reproducibility before being placed in service and checked periodically thereafter. There shall be written procedures for instrument setup and normal operation, a schedule for checking critical operating characteristics for all instruments, tolerance limits for acceptable function checks and instructions for major trouble shooting and repair. Records shall be available on preventive maintenance. City of Mlsrmi, Floridn Drug Scr. ening Services IiFP 03.0 -039 s. There shall be written procedures for the actions to be taken when systems are out of acceptable limits or errors are detected. There shall be documentation that these procedures are followed and that all necessary corrective actions are taken. There shall also be in place systems to verify all stages of testing and reporting and documentation that these procedures are followed. D. The provider's facility must have a quality assurance program which encompasses all aspects of the testing process: specimen acquisition, chain of custody security and reporting results, in addition to the screening and confirmation of analytical procedures. Quality control procedures will be designed, implemented and reviewed to monitor the conduct of each step of the process. The provider's facility must meet or exceed standards established by the Department of Health and Human Services. 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. F. The provider must have a procedure manual which includes the principles of each test, preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of methods, sensitivity of the methods, cutoff values, mechanisms for reporting results, controls, criteria for unacceptable specimens and results, remedial actions to be taken when the test systems are outside of acceptable limits, reagents and expiration dates, and references. Copies of all procedures and dates on which they are in effect shall be maintained as part of the manual. G. The provider shall maintain documentation of all aspects of the testing process. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer -generated data. The provider shall not dispose of any such records or documents without receiving written consent from the City. H. 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. ClyofMiami, Florida Drug Screening Services RFP 03-04-059 SPECIMEN COLLECTION SERVICES (For Fire IIAFFJ and Solid Waste (Florida Public Employees Council 79, AFSCME 8711 bargaining unit employees) 1. Chain of Custody A chain of study of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. 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. Every effort shall be made to minimize the number of persons handling specimens. Integrity and Identity of Specimen 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. The . following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: 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 appropriate department (Fire -see page 22, or the appropriate designated individual from Solid Waste must be notified of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel must in writing vouch for the individual's identity. 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 consist of a private and secure restroom facility. aye Miami. Florida Drug Screening Services REP 03.Oi-059 • C. After washing of hands, 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 one (1) sealed package containing sterilized containers for the collection of urine to be tested. E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the area (restroom) and shall document on the "Drug Testing Custody and Control" form in the comments section, that the area is free of any foreign substances. The collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, 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. The collection site person shall then notify the appropriate department (Fire or Solid Waste - see "A" for telephone numbers). In the event the employee has not provided a sample, the procedure must begin again from the beginning. 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. Clot of Miami, Florida Drug Screening Services RFP 03-01-059 • Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 35 milliliters of urine. If the individual fails for any reason, to provide at least 35 milliliters or urine, but enough for testing, he/she should be advised that testing will proceed on the sample provided. If the individual fails to appear at the collection site at the assigned time, the collection site person shall advise Solid Waste (See "A") or the Fire Department (page 22). 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. Any unusual findings shall be noted on the "Drug Testing Custody and Control" form. 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. If the specimen's temperature is not within the acceptable range, the sample shall be considered as adulterated and Solid Waste (see "A") or Fire (page 22) shall be notified immediately. If, in the professional opinion of the collection site person, any urine or sample is suspected as having been adulterated by any means, the collection site person shall notify the appropriate department as previously indicated. In such cases the individual may be required to provide an additional sample under direct observation by an observer of the same gender. M. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. N. The donor should provide at least 35 milliliters of specimen. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. At least 20 milliliters will be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured into the second bottle. 0. The collection site person shall place securely on the bottles an identification label which contains the date, the individual's name, ID number and specimen number. P. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from him or her. City of Miami. Florida Drug Screening Services RFP 03-04-039 • Q. Both the collection site person and the individual being tested shall keep the specimen in view at all times prior to sealing and labeling. R. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. SPECIMEN COLLECTION PROCEDURES (For all employees excluding Fire and Solid Waste bargaining unit employees) 1. Chain of Custody A chain of custody standardized form shall be properly executed by authorized collection site personnel upon receipt of specimen. 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. Every effort shall be made to minimize the number of persons handling specimens. 2. Integrity and Identity of Specimen The laboratory 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 in the record book can identify the individual from whom the specimen was collected. The following minimum precautions shall be taken to ensure that unadulterated specimens are obtained and correctly identified: A. When an individual arrives at the collection site, the collection site person shall request the individual to present photo identification. If the individual's identity cannot be established, the collection site person shall not proceed with the collection. The Department of Employee Relations (416-2100) shall be notified of those cases in which identity cannot be established. In those cases involving reasonable suspicion testing when photo identification is not available, authorized City of Miami personnel (if applicable), must in writing vouch for the individual's identity. 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 consist of a private and secure restroom facility. My o(Mam . Florida Drug Screening Services RFP 03-0I-059 C. After washing of hands, 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. 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. The collection site person shall provide a receipt for personal belongings if requested by the individual. D. The individual shall be given one (1) wrapped sealed package containing sterilized containers for the collection of urine to be tested. E. Prior to allowing the individual to enter the collection area, the collection site person shall examine the site (stall) and shall document that the site is free of any foreign substances. The collection site person shall verify that a water soluble colored dye is in the toilet. F. The collection site person shall instruct the individual not to flush the toilet until the specimen has been given to the collection site person, and it is deemed to be an acceptable sample. If applicable, the individual 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 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. The collection site person shall then notify the Department of Employee Relations (416-2100). In the event the employee has not provided a sample, the procedure must begin again from the beginning. 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 on the "Drug Testing Custody and Control" form in the comments section, any unusual behavior or appearance of the individual. Upon receiving the specimen from the individual, the collection site person shall determine that it contains at least 35 milliliters of urine. If the individual fails for any reason to provide at least 35 milliliters of urine, but enough for testing, he/she should be advised that testing will proceed on the sample provided. If the individual fails to appear at the collection site Clry of Miami, Florida Drug Screening Services RIP 03.41-059 at the assigned time, the collection site person shall contact the Department of Employee Relations (416-2100) to obtain guidance on the action to be taken. ]. 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. Any unusual findings shall be noted on the "Drug Testing Custody and Control" form in the comments section. L. Immediately upon receiving the specimen, the collection site person shall check the temperature sensitive label on each specimen cup to determine if they are at an acceptable temperature. If the specimen's temperature is not within the acceptable range, the sample shall be considered as adulterated, and the Department of Employee Relations shall be immediately notified. If in the professional opinion of the collection site person, any urine specimen or sample is suspected as having been adulterated, by any means, the collection site person shall immediately notify the Department of Employee Relations (416-2100). In such cases the Department of Employee Relations may require the individual to provide an additional sample under direct observation by an observer of the same gender. M. Where an individual appears unable, or unwilling, to provide a sample at the time of the collection, the collection site person shall document the circumstances on the "Drug Testing Custody and Control" form, in the comments section. The individual, if an applicant, must be advised that he/she has until midnight to provide a sample. If the individual is an employee he/she should remain at the facility as long as is necessary for the individual to provide an acceptable sample. If after 1.5 hours, the individual is unable or unwilling to provide a sample, the collection site person shall contact the Department of Employee Relations (416-2100). N. Any specimen suspected of being adulterated shall be forwarded to the laboratory for testing. Analysis of samples suspected of being adulterated shall receive priority over all other samples. O. The collection site person, in the presence of the donor, must pour the urine into two specimen bottles. At least 20 milliliters must be poured into one bottle, which will be used as the primary specimen. The remaining specimen must be poured into the second bottle. City of Miami, Florida Drug Screening Services RIP 03.O4-059 • P. The collection site person shall place securely on the bottle an identification label which contains the date, the individual's name, ID number and specimen number. Q. The individual shall initial the evidence tape/identification label portion of the specimen bottles for the purpose of certifying that they are the specimens collected from him or her. R. Both the individual being tested and the collection site person shall keep the specimen in view at all times prior to its being sealed and labeled. S. The collection site person must place the specimens and chain of custody form in a lock box and store in a secure location until transported, if applicable. LABORATORY ANALYSIS PROCEDURES 1, 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 through 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 transferred, 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. 2. Receiving Specimen bottles will normally be retained within the laboratory's accession area until all analyses have been completed. Aliquots and the laboratory's chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests. A. Short -Term Refrigerated Storage In the event a specimen does not receive an initial test on the day of receipt it shall be placed in a secure refrigeration unit. The temperature shall not City ofMlami, Florida Drug Screening Services RFP 03-04-059 s. exceed 6*C. Emergency power equipment shall be available in case of prolonged power failure. B. Specimen Processing The laboratory facility will process specimens by grouping them into batches except when results are requested on a stat basis. The number of specimens in each batch may vary significantly depending on the size of the laboratory and its workload. When conducting either initial or confirmatory tests, every batch shall contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysis. The batches shall include controls certified to contain no drugs. 3. Initial Test l The initial test shall be performed using an immunoassay method as agreed upon between the Provider and the City. initial cutoff levels from the following chart will be utilized when screening urine specimens: Screening Cut -Off -Level Council 79, (Excluding IAFF, IAFF AFSCME 871 Council 79, AFSCME 871 Members Members & FOP Only Only fNG/ML) (NG/ML) (NG/M ) - Amphetamines 1,000 500 1,000 - Barbiturates 300 300 -Benzodiazepines 300 300 -Cocaine Metabolites 300 100 50 - Cannabinoids 50 50 40 -Methadone 300 300 Methaqualone 300 100 750 -Opiates 2,000 300 1,000 -Propoxyphene 300 300 --- -Phencyclidine (PCP) 25 25 25 -Tricyclic Antidepressants --- 300 --- -Designer Drugs* --- *(Industry Standard) NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff level by the use of quality control both open and blind. 0 City of Miami, Florida Drug Screening Services RFP 03-04-059 • If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. NOTE: Positive result for IAFF members shall be a concentration in excess of quantity listed. 4. Confirmatory Test All urine specimens identified as positive on the initial test for applicants (employment) will be confirmed by gas chromatography -mass spectrometry (GCMS). All urine specimens identified as positive on the initial test for current employees shall be confirmed by (GCMS). All confirmations for cannabinoids and cocaine metabolites shall be by quantitative analysis. For all other drugs, the confirmatory test shall detect the confirmed presence of a substance. However, for Council 79, AFSCME 871 (Solid Waste) Bargaining Unit members only, the presence of marijuana metabolite must be confirmed at 20 ng/ml or greater. For IAFF Bargaining Unit members only, the confirmation cutoff concentration shall be the same as those established for the initial test and a positive result shall be a concentration in excess of cutoff. All positive test for IAFF members for a controlled substance will be confirmed using the employee's separate sample if given, or reserve portion of the initial sample by GCMS. OTHER f . Specimen Choice A. Employment - Urine B. Post Accident/Reasonable Suspicion/Annual Physical/ Fire - Random a) Controlled Group Alcohol Substances AFSCME EBT Urine International Blood Urine ti u Employee can provide a separate second sample at either a hospital or accredited testing lab, as chosen by the City, within four (4) hours from time of giving the initial sample. City of Miami, Florrdn Drug Screening Services RFP 03-04-OS9 • Assoc. of Firefighters Council 79, EBT Urine AFSCME 871 (Solid Waste) 2. Blood Alcohol Testing Blood Alcohol Testing shall be done upon request. Chain of custody requirements will be the same as for urine specimen. All blood alcohol results shall be reported as grams/percent. Confirmation testing of blood specimens shall be performed utilizing enzymatic methods of quantitative alcohol measurement approved by Florida's Agency for Health Care Administration and/or as agreed upon by the City. 3. Testimony Personnel involved in the administration of drug screens as required by the City of Miami or court must testify on behalf of the City in case of a Civil Service hearing .lawsuit, or similar proceedings, relative to testing procedures and/or chain of custody. Qualified laboratory personnel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 4. Time Requirements All chemical tests shall be conducted as soon as practical, preferably the same day. If results are positive, confirmatory test must be started immediately so that employee can be informed of those results. For IAFF members the employee must be notified of a positive result within twelve (12) hours from the receipt of the laboratory reports, but in no case shall this notice occur more than 36 hours after the time the sample was given. The City will be responsible for notifying the employee. Should the employee wish to give a separate second sample, it shall be performed within four (4) hours from the time of giving the initial sample. All positive tests for a controlled substance will be confirmed using the employee's separate sample if given or the reserve portion of the initial sample by GCMS. Council 79, AFSCME 871 (Solid Waste) members have twenty-four (24) hours after notification of a positive result to request a second test on the remainder of the original sample. CIO of kldnd. Florida Drug Screening Services RFP 0344-039 5. Storage of Specimen The lab shall store positive specimens for a minimum of one (1) year, longer upon request, or if involved in litigation; negative specimens must be stored for a minimum of five (5) days. 6. Reporting Results Results must be available within 24 hours of test. Written test results shall be delivered to the Department of Employee Relations within 24 hours of completion of test (Monday thru Friday). Verbal results should be released to authorized personnel only. Results may be transmitted by various electronic means.(e.g., facsimile). All specimens negative on the initial test or negative on the confirmatory test shall be reported as negative. Only specimens confirmed positive shall be reported positive for a specific drug. A monthly statistical summary of drug testing shall be provided to the Department of Employee Relations. A separate statistical summary shall be provided for Fire annual physicals. The summary shall contain the following information: - Initial Testing: * Number of specimens received; * Number of specimens reported out; and * Number of specimens screened positive for: Amphetamines Cannabinoids • Cocaine - Phencyclidine ▪ Methaqualone Opiates Barbiturates Benzodiazepines ▪ Methadone Propoxyphene ▪ Tricyclic Antidepressants • Designer Drugs - Confirmatory Testing:. City ofMiami, Florida Drug Screening Services RFP 03-04-059 * Number of specimens received for confirmation; * Number of specimens confirmed positive for: Amphetamines Cannabinoids Cocaine Phencyclidine (PCP) Methaqualone Opiates Barbiturates Benzodiazepines Methadone Propoxyphene Tricyclic Antidepressants Designer Drugs 8. Reporting of Positive Results (Fire Department) The following procedure will be utilized when it becomes necessary to notify the Miami Fire Department that one of its members has tested positive for drugs. If after fifteen minutes you have not received a response from the individual you are attempting to contact, please continue down the list. The below listed individuals will be responsible for assuring that the proper procedures are followed and confidentially maintained. 1. Executive Asst. Veldora Arthur, Personnel Officer Office Number - (305) 416-1630 Monday - Friday from 8:00 a.m. - 5:00 p.m. Cellular Number — (305) 807-4002 Digital Pager Number - (305) 483-8698 Home Number - (954) 385-9333 2. Chief Reginald Duren Assistant Chief of Management Services Office Number — (305) 416-1605 Monday — Friday from 8:00 a.m. — 5:00 p.m. Cellular Number — (954) 258-5204 Digital Pager Number — (305) 881-0818 Home Number — (954) 476-5822 3. Fire Central Information Office - (305) 579-6245 City of Miami, Florida Drug Screening Services RIP 03-04-059 9. Forms • This office is staffed 24 hours a day. Have the officer answering your call contact the on -call Staff Duty Officer. This level shall seldom, if ever, be utilized. A. Request for Medical Examination This form will be utilized to perform reasonable suspicion testing of current employees who are either members of the AFSCME, IAFF, or Council 79, AFSCME 871 (Solid Waste) Bargaining Units or are Managerial/Confidential, Executive, Unclassified, Temporary or Part-time employees. This form is to be completed by the employee and his supervisor. (See Attachment A). B. Drug Testing Authorization Form - City of Miami Drug Testing Program This form will be utilized for all employees for drug testing. (See Attachment B). DRUG SCREENING PROTOCOL (Miami Police Department Only) Revised 5/19/03 Pursuant to City Commission policy and the various labor agreements, the City of Miami performs drug screens on current and prospective employees. The City of Miami drug screening program shall test for alcohol (if requested) and the following controlled substances: -Marijuana Metabolites -Cocaine Metabolites -Phencyclidine (PCP) -Amphetamines -Opiate Metabolites City of Miami. Florida Drug Screening Services RFP 03-04-059 The following guidelines have been established in conjunction with standards developed by the U.S. Department of Health and Human Services and existing City of Miami departmental policies and requirements as set forth in the existing collective bargaining agreement: PROVIDER QUALIFICATIONS A. The provider must have a qualified individual to assume professional, organizational, educational, and administrative responsibility for the laboratory's urine drug testing facility. This individual shall be engaged in and responsible for the day-to-day management of the drug testing laboratory. Minimum qualifications for this individual are: Certification as a laboratory director by the State in forensic or clinical laboratory toxicology; or A Ph.D. in one of the natural sciences with an adequate undergraduate education in biology, chemistry, and pharmacology or toxicology; or Training and experience comparable to a Ph.D. in one of the natural sciences, such as medical or scientific degree with additional training • and laboratory/research experience in biology, chemistry, and pharmacology or toxicology; and • Experience in analytical forensic toxicology including experience with the analysis of biological material for drugs of abuse; and • Training and/or experience in forensic application of analytical toxicology, e.g., publications, court testimony, research concerning analytical toxicology of drugs of abuse, or other factors which qualify the individual as an expert witness in forensic toxicology. B. The provider must have a qualified individual 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. C. All tests shall be conducted in a licensed facility operated by the provider or at such facility subsequently agreed to by the City and the provider. Laboratory facility must be currently licensed by the Florida Department of Health and Rehabilitative Services in clinical chemistry. Laboratory must have the capability of performing drug screenings and GCMS confirmations at the same facility. Clty ojMiami, Florida Drug Screening Services RR' 03-41-059 The provider's premises and equipment must have passed Federal and State inspections. Volmetric pipettes and measuring devices shall be certified for accuracy or be checked by gravimetric, colorimetric, or other verification procedure. Automatic pipettes and dilutors shall be checked for accuracy and reproducibility before being placed in service and checked periodically thereafter. There shall be written procedures for instrument setup and normal operation, a schedule for checking critical operating characteristics for all instruments, tolerance limits for acceptable function checks and instructions for major trouble shooting and repair. Records shall be available on preventive maintenance. There shall be written procedures for the actions to be taken when systems are out of acceptable limits or errors are detected. There shall be documentation that these procedures are followed and that all necessary corrective actions are taken. There shall also be in place systems to verify all stages of testing and reporting and documentation that these procedures are followed. D. The provider's facility must have a quality assurance program which encompasses all aspects of the testing process: specimen acquisition, chain of custody security and reporting results, in addition to the screening and confirmation of analytical procedures. Quality control procedures will be designed, implemented and reviewed to monitor the conduct of each step of the process. The provider's facility must meet or exceed standards established by the Department of Health and Human Services. E. The provider must have experience in handling toxicology specimens (both urine and blood) and provide a well documented chain of custody for all tests. F. The provider must have a procedure manual which includes the principles of each test, preparation of reagents, standards and controls, calibration procedures, derivation of results, linearity of methods, sensitivity of the methods, cutoff values, mechanisms for reporting results, controls, criteria for unacceptable specimens and results, remedial actions to be taken when the test systems are outside of acceptable limits, reagents and expiration dates, and references. Copies of all procedures and dates on which they are in effect shall be maintained as part of the manual. G. The provider shall maintain documentation of all aspects of the testing process. The required documentation shall include personnel files on all individuals authorized to have access to specimens; chain of custody documents; quality assurance/quality control records; procedure manuals; all test data (including calibration curves and any calculations used in determining test results); reports; performance records on performance testing; performance on certification inspections; and hard copies of computer -generated data. The provider shall not City ofWflomi, Florida Drug Screening Services RFP 03-0r-059 • dispose of any such records or documents without receiving written consent from the City. H. 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. SPECIMEN COLLECTION PROCEDURES (Sworn Miami Police Department Personnel) I . Specimen collection procedures shall conform to procedures as outlined under the current SAMHSA Urine Specimen Collection Handbook. 2. For the purpose of a donor's identification, photo identification shall consist of a City of Miami Police Department photo employee ID badge. When a Police Department representative is necessary for identification, the collector shall notify the Police Department's Communications Section, Complaint Sergeant, at (305) 579-3449. The Complaint Sergeant shall notify the donor's commanding officer who shall immediately respond to the collection site. No other form of identification shall be acceptable. 3. All screenings will consist of split specimen samples and the appropriate collection procedures shall apply. 4. In cases wherein a sample or a specimen is suspected of being adulterated or substituted, the donor shall not be allowed to leave the collection site and the collector shall notify an Internal Affairs Section Commanding Officer at (305) 579-6461 during normal working hours. For after hours, the collection shall notify the Communications Section Complaint Sergeant at (305) 579-3449, who shall immediately notify the on -call Internal Affairs Commanding Officer and the donor's Commanding Officer. Appropriate procedures for a second collection shall then be initiated. 5. In instances wherein a donor is unable or unwilling to provide a urine sample, the procedures under Chapter 7 of the Urine Specimen Collection Handbook, Shy Bladder Procedure, shall be initiated. Additionally, Internal Affairs shall be notified as described above. 6. A Medical Review Officer (MRO), provided by this provider, shall review all results. The MRO shall notify the Internal Affairs Section of all positive results. 7. Substances tested and cutoff concentrations shall be in accordance with current Federal Standards for Urine Drug Testing Cutoff Concentrations, as specified in the Guidelines for Federal Workplace Drug Testing Programs. ' CIO, of bllaa( Florida Drug Screening Services R P 03.O4-059 • LABORATORY ANALYSIS PROCEDURES 1. 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 through 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 forrn each time a specimen is handled or transferred, 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. 2. Receiving Specimen bottles will normally be retained within the laboratory's accession area until all analyses have been completed. Aliquots and the laboratory's chain of custody forms shall be used by laboratory personnel for conducting initial and confirmatory tests. A. Short -Term Refrigerated Storage In the event a specimen does not receive an initial test on the day of receipt it shall be placed in a secure refrigeration unit. The temperature shall not exceed 6*C. Emergency power equipment shall be available in case of prolonged power failure. B. Specimen Processing The laboratory facility will process specimens by grouping them into batches except when results are requested on a stat basis. The number of specimens in each batch may vary significantly depending on the size of the laboratory and its workload. When conducting either initial or confirmatory tests, every batch shall contain an appropriate number of standards for calibrating the instrumentation and a minimum of 10 percent controls. Both quality control and blind performance test samples shall appear as ordinary samples to laboratory analysis. The batches shall include controls certified to contain no drugs. • CllyefAllomi, Florida Drug Screening Services RFP 03-04-059 3. Initial Test The initial test shall be performed using an immunoassay method as agreed upon between the Provider and the City. Initial cutoff levels from the following chart will be utilized when screening urine specimens: 1) Marijuana Metabolites (i) Delta-9-Tretrahydrocannabino1-9- carbolic acid (THC) 2) Cocaine Metabolites (i) Benzoylecgonine 3) Phencyclidine (PCP) 4) Amphetamines (i) Amphetamine (ii) Methamphetamine 5) Opiate Metabolites (i) Codeine (ii) Morphine (iii) 6-acetylmorphine (6-AM) FOP Members Only (NG/ML) Initial 101 50 300 25 1000 2000 GCMS 15 150 25 500 500 (Specimen must also contain amphetamine at a concentration greater than or equal to 200 ng/mL.) 2000 2000 (Test for 6-acetylmorphine (6- AM) in the specimen) 10 (Conduct this test only when specimen contains morphine at a concentration greater than or equal to 2000 ng/mL.) NOTE: These cutoff levels are subject to revision. The laboratory must be able to document its performance at a specified cutoff level by the use of quality control both open and blind. If a positive initial test result is consistent with prescribed or over the counter medication listed by an employee or applicant on the City of Miami and/or Custody and Control Form then that information should be specified on the toxicology report. Ciry ofW/iami. Florida Drug Screening Services RFP 03-04-059 • NOTE: Positive result for FOP members shall be a concentration in excess of quantity listed. 4. Confirmatory Test All urine specimens identified as positive on the initial test for applicants (employment) will be confirmed by gas chromatography -mass spectrometry (GCMS). All urine specimens identified as positive on the initial test for current employees shall be confirmed by (GCMS). All confirmations for cannabinoids and cocaine metabolites shall be by quantitative analysis. For all other drugs, the confirmatory test shall detect the confirmed presence of a substance. GCMS confirmation levels are outlined on page 5-6 for FOP Bargaining Unit members. For FOP members, any test showing a "positive" result will be confirmed by the GCMS method or other industry standard method before administrative action is commenced by testing the second portion of the sample tested. OTHER 1. Specimen Choice A. Post Accident/Reasonable Suspicion/Annual Physical Controlled Group Alcohol Substances Fraternal Order Blood Urine of Police (FOP) 2. Blood Alcohol Testing Blood Alcohol Testing shall be done upon request. Chain of custody requirements will be the same as for urine specimen. All blood alcohol results shall be reported as grams/percent. Confirmation testing of blood specimens shall be performed utilizing enzymatic methods of quantitative alcohol measurement approved by Florida's Agency for Health Care Administration and/or as agreed upon by the City, 3. Testimony • Cfry ofM1am4 Florida Drug Screening Services RFP O3.04-O59 • Personnel involved in the administration of drug screens as required by the City of Miami or court must testify on behalf of the City in case of a Civil Service hearing Iawsuit, or similar proceedings, relative to testing procedures and/or chain of custody. Qualified laboratory personnel must also be available to meet with City representatives to discuss testimony related to the aforementioned proceedings. 4. Time Requirements All chemical tests shall be conducted as soon as practical, preferably the same day. If results are positive, confirmatory test must be started immediately so that employee can be informed of those results. 5. Storage of Specimen The lab shall store positive specimens for a minimum of one (1) year, longer upon request, or if involved in litigation; negative specimens must be stored for a minimum of five (5) days. 5. Reporting Results Employment results must, be available within 24 hours of test. Written test results shall be delivered to the Department of Employee Relations within 24 hours of completion of test (Monday thru Friday). Verbal results should be released to authorized ' personnel only. Results may be transmitted by various electronic means.(e.g., facsimile). All specimens negative on the initial test or negative on the confirmatory test shall be reported as negative. Only specimens confirmed positive shall be reported positive for a specific drug. A monthly statistical summary of drug testing shall be provided to the Department of Employee Relations. A separate statistical summary shall be provided for Police drug screens. The summary shall contain the following information: - Initial Testing: * Number of specimens received; * Number of specimens reported out; and * Number of specimens screened positive for: • Marijuana Metabolites Cocaine Metabolites • Phencyclidine (PCP) Amphetamines Opiate Metabolites City of Mlani. Florida Drug Screening Services RFA 03-04-059 • - Confirmatory Testing: * Number of specimens received for confirmation; * Number of specimens confirmed positive for: Marijuana Metabolites Cocaine Metabolites Phencyclidine (PCP) Amphetamines Opiate Metabolites 7. Special Requirements for Annual Drug Screens {Sworn Personnel - Police Department). A. Must be able to test at least 104 officers a month, Monday through Thursday, and be able to schedule collection site personnel for the day (8:30 a.rn. - 5:00 p.m.), and midnight shifts (9:00 p.m. - 12:00 a.m.). Times may vary. B. All containers must be sterilized and individually packaged. C. Must secure two (2) samples for testing. The reserved sample shall be tested. D. All chemical tests shall be conducted as soon as practical, preferably the same day. E. Must test all samples using an initial screening test and confirming all positives using the Gas Chromatography Mass Spectrometry (G.C.M.S.) or better testing. F. The lntemal Affairs Section shall be notified of all positive results confirmed through GC -MS testing. G. In all cases where the employee listed use of any medication where the sample tests positive for the same, lntemal Affairs must be notified between 8:00 a.m. - 4:00 p.m. After 4:00 p.m. notification must be made on the following work day Monday through Friday. H. All samples which test positive will be kept under Chain of Custody condition until all Administrative or Judicial proceedings are over. I. Chain of Custody must be proved by the following means: • CV Q(Adanci. Florida Drug Screening Services RFP 03-04.059 1. Be able to prove the vial or cup was properly labeled with the officer inscribing his/her name and any other identifying information as required by the laboratory. 2. Be able to prove that the sample was not tampered with while in the custody of the lab. 3. Be able to document who received sample, and what happened to it. 4. Be able to document who tested sample and how the technician received the sample. 5. Be able to prove samples kept in a secure location. 6. Be able to prove that the test results are of the sample in question. J. Fax daily, by 8:30 a.m. to the Health Services Unit a list of those employees who reported for testing on the previous day. The list should include the employee's name and IBM number and be faxed to 579-6169. K. Reporting of Positive Results (Police Department) The following procedure will be utilized when it becomes necessary to notify the Miami Police Department that one of its members has tested positive for drugs. Please notify Sgt. Jesse Kelley of the Internal Affairs Section. If after ten minutes you have not received a response from Sgt. Kelley, please continue down the below list. 1. Sgt. Jesse Kelley Internal Affairs Section Office: (305) 579-6461 (Tuesday - Friday/0700-1700) Cellular: (786) 412-0351 Pager: (305) 483-8987 2. Lt. Jorge Perez • Internal Affairs Section Office: (305) 579-6461 (Monday - Friday/0800-1800) Cellular: (786) 229-5024 Pager: (305) 483-8841 3. Captain Armando Martinez Internal Affairs Section • dry *Miami, Florida Drug Screening Services RAP 03.04•O59 9. ForrnI • Office: (305) 579-6461 (Monday-Friday/0800-1700) CeII: (786) 367-7242 (305) 483-5543 A. Drag Testing Custody and Control Form - Miami Police Department Drug Testing Program This form will be utilized for FOP bargaining unit members (sworn personnel in the Police Department) for drug testing. (See Attachment A) h ATTACHMENT B • City (Irkfiami, Florida Drug Screening Services RFP 03.044JY 6.9 PRICE PROPOSAL SHEETS (Page 1 of 4) Part I Services;, Employment Drug Screening Services Estimated Cost Per Extended Description Ouantitv Examinationst A. Collection nullity Urine specimen collection 500 $included included with Chain of Custody Next day delivery to Testing 500 $ n/a $ n/a Facility with Chain of Custody B. Drug Testing Facility Urine Drug Screen (5 drugs) 500 with Chain of Custody • GCMS Confirmation 50 with Chain of Custody C. MRO Services Medical Review Officer $ included S included $ 30.00 $ 15000.00 500 $ included $ included List any additional charges necessary (if any) To meet the terms of the contract. $ 0 $ 0 43 t` • ATTACHMENT B City ojMliami, Florida Drug Screening Services RFP 03-060J9 Price Proposal Sheet (Page 2 of 4) Part II Services; Sworn Fire Drug Screening Services Estimated Cost Per Extended Pescrintlon Ouantity Examination Cost A. Collection Facility Urine specimen collection 400 $ included $ included with Chain of Custody Blood Alcohol Level collection 15 $ 25.00 $ 375.00 with Chain of Custody Evidential Breath Testing 15 $ $ Next day delivery to Testing 400 $ n/a $ n/a Facility with Chain of Custody B. Drug Testing Facility Urine Drug Screen (9 drugs) 400 $ 30.00 $ 12, 000.00. with Chain of Custody Blood Alcohol Level Test 15 $ 25.00 $ 375.00 With Chain of Custody Evidential Breath Testing 15 $ - $ GCMS Confirmation 50 $ included $ included With Chain of Custody Consultation & Testimony 50 hours $ $ C. MRO Services Medical Review Officer 500 $ inrinded $ •Irrluded List any additional charges necessary (if any) to meet the terms of the contract. $ 44