HomeMy WebLinkAbout24004AGREEMENT INFORMATION
AGREEMENT NUMBER
24004
NAME/TYPE OF AGREEMENT
PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY
DESCRIPTION
AGREEMENT FOR THE PROVISION OF OCCUPATIONAL
HEALTH CARE SERVICES/OCCUPATIONAL MEDICINE &
WELLNESS SERVICES TO ALL SWORN & NON -SWORN
MEMBERS MIAMI FIRE-RESCUE/FILE ID: 11932/R-22-
0191/MATTER ID: 22-976K/#55
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
8/3/2022
DATE RECEIVED FROM ISSUING
DEPT.
8/9/2022
NOTE
CITY OF MIAMI
DOCUMENT ROUTING FORM
; 60't
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Maria T. Martinez EXT. 1672
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "The Public Health Trust of Miami -Dade
County - Matter Id. 22-976K"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES X NO
TOTAL CONTRACT AMOUNT: S FUNDING INVOLVED? X YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
❑GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
❑ LICENSE AGREEMENT
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
X INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
❑ PURCHASE OR SALE AGREEMENT
OTHER: (PLEASE SPECIFY:
PURPOSE OF ITEM (BRIEF SUMMARY): Agreement for Occupational Health Services between the City
of Miami and the Public Health Trust.
COMMISSION APPROVAL DATE: 5/31/2022
FILE ID: 11932 ENACTMENT NO.: R-22-0191
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
7/7/22
PRINT: Ty McGann, AFC
C
SIGNATURE: �'Q,
SUBMITTED TO RISK MANAGEMENT
PRINT: ANN — MARIE SHARPE
SIGNATURE: Quevedo, Terry T,1 ,0„„„: „,,. 7
4,ar
SUBMITTED TO CITY ATTORNEY
7/26/22
7/26/2022
PRIN .: VICTORIA MENDEZ
- '
SIC T ' _. L 22-976K
APPROVAL BY ASSISTANT CITY MANAGER
P NT:
SIGNATURE:
RECEIVED BY CITY MANAGER
PRINT: ART NO A
SIGNATUR
1) ONEORIGINAL TO CITY CLERK,
2) ONE COPY TO CITY ATTORNEY'SOFFICE;
3) REMAINING ORIGINAL(S)_TO.ORIGINATING
DEPARTMENT
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
AGENDA ITEM SUMMARY FORM
File ID: #11932
Date: 05/03/2022
Commission Meeting Date: 05/31/2022
Requesting Department: Department of Fire -
Rescue
Sponsored By:
District Impacted: All
Type: Resolution
Subject: Agreement between the City and Public Health Trust
Purpose of Item:
Resolution with attachments authorizing the City Manager to negotiate and execute an
Interlocal Agreement ("Agreement") between the City of Miami and the Public Health
Trust of Miami -Dade County ("Trust") for the provision of occupational medicine and
wellness services to all sworn and non -sworn members of the City's Department of Fire -
Rescue ("Department"), and further authorizing accessing Jackson Health Contract No.
10-5140 for the purchase of medical equipment required to perform said services.
Funds in the amount of $700,000.00 will be paid to the Trust annually for services
performed under this Agreement, in addition to $505,581.14, plus a 10% contingency of
$50,558.11, if necessary, for the purchase of said equipment.
Background of Item:
This Agreement shall serve as a contract with the Trust to assist the City in providing
occupational medicine and wellness services to all sworn and non -sworn members of
the Department for a period of three (3) years with the option to extend the Agreement
for an additional two (2) years.
Budget Impact Analysis
Item is an Expenditure
Item is NOT Related to Revenue
Item is NOT funded by Bonds
Total Fiscal Impact:
Start Up Capital Cost: $700,000.00 ($58,333.33 X 12 months - services): $556,139.25
(equipment)
Maintenance Cost: $0.00
Total Fiscal Impact: $1,256,139.25
General Account No: 00001.184010.531000.0000.00000 = $233,333.32 FY 2021-22
00001.184010.531020.0000.00000 = $466,666.64 FY 2022-23
00001.181000.664000.0000.00000 = $200,000.00
Special Revenue Account No:
CIP Project No: 40-B70184-1426 = $143,115.91
40-B70106A-1426 = $213,023.34
Reviewed B
Department of Fire -Rescue
Department of Fire -Rescue
Department of Fire -Rescue
Office of Management and Budget
Office of Management and Budget
Legislative Division
City Manager's Office
Office of Management and Budget
Office of Management and Budget
Office of the City Attorney
Office of the City Attorney
City Commission
City Commission
Office of the Mayor
Office of the City Clerk
Legislative Division
Office of the City Attorney
Office of the City Attomey
Office of the City Clerk
Ty McGann
Johnny Duran
Eloy Garcia
Pedro Lacret
Marie Gouin
Valentin J Alvarez
Arthur Noriega V
Pedro Lacret
Marie Gouin
Thomas M. Fossler
Victoria Mendez
Nicole Ewan
Maricarmen Lopez
Mayor's Office
City Clerk's Office
Valentin J Alvarez
Thomas M. Fossler
Victoria Mendez
City Clerk's Office
Fire Department Review
Fire Budget Review
Fire Chief Review
Budget Analyst Review
Budget Review
Legislative Division Review
City Manager Review
Budget Analyst Review
Budget Review
ACA Review
Approved Form and Correctness
Meeting
Meeting
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Completed
Signed by the Mayor Completed
Signed and Attested by the City Clerk Completed
Legislative Division Review Completed
ACA Review Completed
Approved Fomi and Correctness with Modification(s)
Rendered Completed
05/04/2022 10:32 AM
05/04/2022 10:42 AM
05/04/2022 10:59 AM
05/10/2022 6:47 PM
05/11/2022 8:53 AM
05/11/2022 11:06 AM
05/16/2022 9:59 AM
05/17/2022 10:16 AM
05/17/2022 11:44 AM
05/17/2022 12:18 PM
05/17/2022 4:22 PM
05/26/2022 9:00 AM
05/31/2022 9:00 AM
06/01/2022 4:27 PM
06/01/2022 4:28 PM
06/01/2022 1:28 PM
06/03/2022 11:54 AM
Completed
06/06/2022 3:24 PM
City of Miami
Legislation
Resolution
Enactment Number: R-22-0191
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 11932 Final Action Date:5/31/2022
A RESOLUTION OF THE MIAMI CITY COMMISSION PURSUANT TO SECTION 18-
112 OF THE CITY OF MIAMI, FLORIDA CODE OF ORDINANCES, AS AMENDED
("CITY CODE"), AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND
EXECUTE AN INTERLOCAL AGREEMENT ("AGREEMENT"), IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, BETWEEN THE CITY OF MIAMI ("CITY")
AND THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY ("TRUST"), FOR THE
PROVISION OF HEALTH CARE SERVICES IN CONNECTION WITH THE
OCCUPATIONAL AND WELLNESS CENTER AVAILABLE TO ALL SWORN AND
NON -SWORN MEMBERS OF THE CITY'S DEPARTMENT OF FIRE -RESCUE
("DEPARTMENT") FOR A PERIOD OF THREE (3) YEARS, WITH THE OPTION TO
EXTEND FOR AN ADDITIONAL TWO (2) YEAR PERIOD IN AN AMOUNT NOT TO
EXCEED $700,000.00 ANNUALLY; FURTHER AUTHORIZING THE CITY MANAGER,
SUBJECT TO CONSULTATION WITH THE DEPARTMENT, TO NEGOTIATE AND
EXECUTE ANY FUTURE AMENDMENTS, EXTENSIONS, AND/OR SUPPLEMENTS
TO THE AGREEMENT, ALL IN FORMS ACCEPTABLE TO THE CITY ATTORNEY
AND SUBJECT TO ALLOCATIONS, APPROPRIATIONS, AND BUDGETARY
APPROVAL AT THE TIME OF NEED; ALLOCATING FUNDS AS REQUIRED FROM
GENERAL FUND, ACCOUNT NOS. 00001.184010.531000.0000.00000 AND
00001.184010.531020.0000.00000 FOR SAID PURPOSES; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 163.01(4), Fla. Stat., of the Florida Interlocal Cooperation Act of
1969, provides that "A public agency of this state may exercise jointly with any other public
agency of the state, of any other state, or of the United States Government any power, privilege,
or authority which such agencies share in common and which each might exercise separately";
and
WHEREAS, the occupational and wellness health of the sworn and non -sworn members
of the Department is of utmost importance; and
WHEREAS, the City of Miami ("City") and the Public Health Trust of Miami -Dade County
("Trust") desire to enter into an interlocal agreement ("Agreement") for the provision of
healthcare services in connection with Occupational Health and Wellness Center available to
the sworn and non -sworn members of the City's Department of Fire -Rescue ("Department");
and
WHEREAS, this Agreement shall be effective for a period of three (3) years, with the
option to extend the Agreement for an additional two (2) years upon mutual agreement between
both Parties, in an amount not to exceed $700,000.00 annually; and
WHEREAS, pursuant to Section 18-112 of the Code of the City of Miami, Florida, as
amended, and subject to City Commission approval, the City is exempt from all competitive
bidding procedures when it enters into an agreement with other governmental agencies or state
funded institutions; and
WHEREAS, funding for the Agreement shall be allocated from the General Fund,
Account Nos. 00001.184010.531000.0000.00000 and 00001.184010.531020.0000.00000;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is hereby authorized' to negotiate and execute the
Agreement, in a form acceptable to the City Attorney, for the provision of health care services in
connection with the occupational and wellness services provided to the sworn and non -sworn
members of the Department.
Section 3. The City Manager, subject to consultation with the Department, is further
authorized' to negotiate and execute any and all other future amendments, extensions, and/or
supplements to the Agreement, all in a form acceptable to the City Attorney, for the acceptance,
administration of, and compliance with said Agreement.
Section 4. Funds are allocated from the General Fund, Account Nos.
00001.184010.531000.0000.00000 and 00001.184010.531020.0000.00000 for said purposes;
Section 5. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor2.
APPROVED AS TO FORM AND CORRECTNESS:
5/17/2022
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to, those prescribed by applicable City Charter and City Code
provisions.
2 If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
AGREEMENT FOR THE PROVISION OF OCCUPATIONAL HEALTH CARE
SERVICES BY AND BETWEEN
THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY
AND
THE CITY OF MIAMI
THIS AGREEMENT FOR THE PROVISION OF OCCUPATIONAL HEALTH
CARE SERVICES ("Agreement") is entered as of the day of , 2022,
and effective as of July 6, 2022, by and between the PUBLIC HEALTH TRUST OF
MIAMI-DADE COUNTY, an agency and instrumentality of Miami -Dade County, which
operates, governs and maintains Jackson Memorial Hospital and other designated
facilities, within a healthcare system known as Jackson Health System (the "Trust"), and
the CITY OF MIAMI, a municipal corporation organized under the laws of the State of
Florida, ("City"). The- Trust and the City shall be collectively referred to herein as the
"Parties."
WITNESSETH:
WHEREAS, Section 163.01(4), Fla. Stat., of the Florida Interlocal Cooperation Act
of 1969, provides that "A public agency of this state may exercise jointly with any other
public agency of the state, of any other state, or of the United States Government any
power, privilege, or authority which such agencies share in common and which each
might exercise separately"; and
WHEREAS, this Agreement will serve as a contract with the Trust to assist the City
in providing occupational medicine and wellness services to all of the sworn and non -
sworn members of the City of Miami Department of Fire -Rescue; and
WHEREAS, the occupational and wellness health of the sworn and non -sworn
members of the City of Miami Department of Fire -Rescue is of upmost importance; and
WHEREAS, the Trust and the City agree to act in a spirit of mutual cooperation
and good
faith in the implementation of the Agreement; and
WHEREAS, pursuant to Section 18-112 of the Code of the City of Miami, Florida,
as amended, and subject to City Commission approval, the City is exempt from all
competitive bidding procedures when it enters into an agreement with another
governmental agencies or state funded institutions; and
WHEREAS, the Parties have negotiated this Agreement in good faith and agree
to be bound in accordance with its terms and conditions;
NOW THEREFORE, in consideration of the mutual obligations expressed herein,
and for other good and valuable consideration, the City and the Trust enter into this
Agreement and agree as follows:
1. Recitals and Incorporations: The foregoing recitals are true and correct and
hereby incorporated into and made a part of this Agreement.
1
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2. Term: This Agreement shall become effective on the date as stipulated above
in the first paragraph of this Agreement, which is the effective date and shall
continue through three (3) years following the effective date. The City and the
Trust may extend the Agreement for an additional two (2) year period upon
mutual agreement which shall be evidenced by an amendment to this
Agreement, provided the same shall be executed by the Parties prior to the
expiration of the initial term of the Agreement.
3. Scope of Services: The City retains the Trust to assist the Department of Fire
Rescue, and to perform the health care services set forth on Attachment "A"
attached hereto and made a part hereof ("Services") and such other related
tasks the Trust determines is necessary to fully perform and complete the
Services. Notwithstanding the foregoing, the Parties agree that the Services set
forth in Attachment "A" can only be modified upon mutual consent of the Parties,
exemplified as an amendment to this Agreement. The Trust represents to the
City that the Trust is and shall at all times during the term of this Agreement
remain, fully qualified, competent, and capable to perform the Services under
this Agreement.
4. Fees: The City shall compensate the Trust for services rendered under this
Agreement in accordance with Attachment A.
5. Insurance: The City and the Trust acknowledge that they each operate a self -
insured program in accordance and subject to the limitations and provisions of
Section 768.28 of the Florida Statutes. The Trust will issue a standard letter or
certification of self-insurance in a form reasonably acceptable to the City Risk
Management Director.
6. Indemnification: The City and the Trust acknowledges mutual indemnity
subject to the limitations, conditions, and restrictions and contained in Section
768.28 of the Florida Statutes for their own respective negligence but for no
other act or omission.
7. Termination:
A. Notwithstanding an other provision to the contrary, this Agreement may be
terminated without cause at any time by either party upon thirty (30) days' prior
written notice to the other party. In the event of termination, the Trust will be
compensated for actual Services rendered up to and including date of
termination.
B. In the event of a material breach of this Agreement, the aggrieved party may
terminate this Agreement by giving thirty (30) days prior written notice of
termination to the breaching party. If the breach is not cured, the Agreement
shall terminate at the end of the thirty -day period.
8. Compliance with Federal, State, and Local Laws: The City and the Trust are
both governmental entities. As such, the City and the Trust understand that
contracts between private entities, or state agencies or public agencies and
local governments are subject to certain laws and regulations, including laws
pertaining to open public meetings, public records, conflicts of interest, ethics
procurement procedures, approved funding and budgetary allocation, and
2
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record keeping, and the City and the Trust agree to comply with and to observe
all applicable laws, codes and ordinances as they may be amended from time
to time.
9. Public Records:
A. The City and the Trust understand that the public shall have access, at all
reasonable times, to all documents and information pertaining to this
Agreement, subject to the provisions of Chapter 119, Florida Statutes, and
agree to allow access by the other party and the public to all documents subject
to disclosure under applicable laws. A party's failure or refusal to comply with
the provisions of this section shall result in the immediate cancellation of this
Agreement by the other party.
B. Each party shall additionally comply with Section 119.0701, Florida Statutes,
including without limitation: (1) keeping and maintaining public records that
ordinarily and necessarily would be required by the Parties regarding the
performance of the Services; (2) provide the public with access to public
records on the same terms and conditions as the City or the Trust, as the case
may be, would at the cost provided by Chapter 119, Florida Statutes, or as
otherwise provided by law; (3) ensure that 'public records that are exempt or
confidential and exempt from disclosure are not disclosed except as authorized
by law; (4) meet all requirements for retaining public records and transfer, at no
cost, to the other party all public records in its possession upon termination of
this Agreement and destroy any duplicate public records that are exempt or
confidential and exempt from disclosure requirements; and, (5) provide all
electronically stored public records to the other party in a format compatible
with the other party's information technology systems.
C. Should one of the Parties hereto determine to dispute any public access
provision required by Florida Statutes, then that party shall do so at its own
expense and at no cost to the other party. IF THE TRUST HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE TRUST'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (305) 416-1830, Via email at
PublicRecordsa.miamigov.com, or regular email at City of Miami Office
of the City Attorney, 444 SW 2nd Avenue, 9th FL, Miami, FL 33130.
10. Survival: The Parties acknowledge that any of the obligations in this
Agreement that are intended to survive this Agreement will survive the term,
termination and cancellation hereof. Accordingly, those respective obligations
of the Trust and the City under this Agreement shall survive termination,
cancellation or expiration hereof.
11. Notices. All notices or other communications required under this Agreement
shall be in writing and shall be given by hand -delivery or by registered or certified
U.S. Mail, return receipt requested, addressed to the other party at the address
indicated herein or to such other address as a party may designate by notice
given herein provided. Notice shall be deemed given on the day on which
personally delivered; or if by U.S. Mail, on the fifth day after being posted or the
date of actual receipt, whichever is earlier.
3
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To the Trust:
Public Health Trust
1611 N.W. 12th Avenue
Miami, Florida 33136-1096
Attn: Carlos Migoya
Chief Executive Officer
With Copies To:
Public Health Trust
1611 N.W. 12th Avenue
Miami, Florida 33136-1096
Attn: Caridad Nieves
Senior Vice President
Ambulatory & Physician Services
Miami -Dade County Attorney's Office
1611 N.W. 12th Avenue, Room 109
Miami, Florida 33136
To the City:
Arthur Noriega V
City Manager, City of Miami
444 S.W. 2nd Avenue, 10th Floor
Miami, Florida 33130
With Copies To:
Department of Fire Rescue
Attn.: Joseph Zahralban
Fire Chief, City of Miami
1151 N.W. 7th Street, 3rd Floor
Miami, Florida 33136
Procurement Department
.Attn.: Annie Perez, CPPO
Director
City of Miami
444 S.W. 2nd Avenue, 6th Floor
Miami, Florida 33130
Office of the City Attorney
Attn: Victoria Mendez
City Attorney
City of Miami
444 S.W. 2nd Avenue, 9th Floor
Miami, Florida 33130
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12. Miscellaneous.
A. Entire Agreement; Modifications. Both Parties agree that this Agreement and
Attachment(s) sets forth the entire agreement and understanding of the Parties
and supersedes all prior and contemporaneous agreements, arrangements, or
understandings relating to the subject matter hereof. There are no conditions
or limitations to this undertaking except those stated therein. This Agreement
may not be altered, changed or modified except by or with the written consent
of the Trust. Any modifications to this Agreement must be evidenced in writing
and signed by each of the Parties hereto.
B. Representations or Warranties. The Parties represent that they have all
necessary authority and approvals to enter into this Agreement and no further
approval is necessary to validate the terms and conditions of this Agreement.
No representations or warranties shall be binding upon either party unless
expressed in writing herein.
C. Applicable Law; Venue. This Agreement shall be construed according to the
law of the State of Florida applicable to contracts made and fully performed
therein, without giving effect to its laws or rules relating to the conflict of laws.
Venue for any litigation between the Parties regarding this Agreement shall lie
only in state or federal courts located in Miami -Dade County, Florida.
D. Counterparts. This Agreement may be executed in any number of
counterparts, each of which so executed shall be deemed to be an original, and
such counterparts shall together constitute but one and the same Agreement.
The parties shall be entitled to sign and transmit an electronic signature of this
Agreement (whether by facsimile, PDF or other email transmission), which
signature shall be binding on the party whose name is contained therein. Any
party providing an electronic signature agrees to promptly execute and deliver
to the other parties an original signed Agreement upon request.
E. Waiver. Waiver by either party of a breach or failure to perform hereunder shall
not constitute a waiver of any subsequent breach or failure. Neither party will
be bound by any purported rescission or modification of this Agreement and
shall not be deemed to have waived any provisions of this Agreement unless
such rescission, modification or waiver is set forth in writing and signed by an
authorized official of both Parties.
F. Severability. If any provision of this Agreement is held tobe invalid, illegal or
unenforceable, the remaining provisions will remain in full force and effect.
G. Paragraph Headings. The paragraph headings used in connection with this
Agreement have been inserted for the convenience of the Parties only. They
do not purport to and shall not be deemed to define, govern, limit, modify or in
any manner, affect the scope, meaning or intent of the provisions to which they
pertain.
H. Drafting Party. This Agreement shall not be construed against the party
preparing it but shall be construed as if all Parties hereto jointly prepared this
Agreement.
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I. Error. Stenographic, clerical, or similar errors in this document are subject to
correction.
J. Time Of Essence. Time shall be deemed of the essence on the part of the
Trust in performing all of the terms and conditions of this AGREEMENT.
K. Advertising. Neither party shall use the name of the other in any promotional
or advertising material unless review and approval in writing of the intended
use shall first be obtained from the party whose name is to be used. The
TRUST may withhold such approval for any reason it determines to be in its
best interest.
L. Non -Discrimination. The Parties shall not discriminate against an employee,
volunteer, or participant of the other Party on the basis of race, color, gender,
pregnancy, marital status, familial status, sexual orientation, gender identity
and/or expression, religion, ancestry, national origin, disability, or age.
Additionally, the Parties shall demonstrate the standards, policies, and
practices necessary to respect the worth of the individual and protects and
preserves the dignity of people of diverse cultures, classes, races, religions,
sexual orientation, gender identity and/or expression and ethnic
backgrounds. It is expressly understood that upon receipt of evidence of
discrimination under any of these laws, Either Party shall have the right to
terminate this Agreement if the other Party is found by the responsible
enforcement agency or the courts to be in violation of these laws.
M. Dispute Process. If possible, disputes shall first be resolved by informal
discussion between the Parties. If, after informal discussions, the Parties have
not resolved their disputes, the Parties shall attempt to resolve their disputes
arising under this Agreement using the procedural options afforded by the
Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes,
as amended. This shall be a condition precedent to any civil action between
the Parties arising out of this Agreement and each Party shall be responsible
for its own costs and attorneys' fees.
N. Conflict of Interest. The City shall be familiar and comply with all conflict of
interest legal requirements, to the extent.they apply to the City, including the
Miami -Dade County Conflict of Interest and Code of Ethics Ordinance, Section
2-11.1, Code of Miami -Dade County, as made applicable to the Public Health
Trust by Section 25A-3(c), Code of Miami -Dade County, and Florida's Code of
Ethics for Public Officers, Chapter 112, Part III, Florida Statutes. The Public
Health Trust will not contract or transact business with the City, and any
contract with the City shall be void, if a conflict of interest under State or local
laws occurs and, neither an exemption nor opportunity to waive the conflict
exists, or an opportunity to waive the conflict exists but the Public Health Trust
does not waive it. If a conflict of interest is waivable, the Public Health Trust's
Board of Trustees shall have the sole authority to waive the conflict. Copies of
the ordinance are available on-line or may be furnished to the City upon
request.
O. Independent Private Sector Inspector General. Pursuant to the Code of
Miami -Dade County, Resolution #R-516-96, and Miami -Dade County
Administrative Order 3-20, and in connection with the award of this
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'AGREEMENT, the Public Health Trust has the right to retain the services of an
Independent Private Sector Inspector General ("IPSIG") whenever the Public
Health Trust or County deems it appropriate to do so. Upon written notice from the
Public Health Trust, the City shall make available, to the IPSIG retained by the
Public Health Trust, all requested records and documentation pertaining to this
AGREEMENT, for inspection and copying. The Public Health Trust will be
responsible for the payment of these IPSIG services, and under no circumstance
shall the fees for the Services under this AGREEMENT be inclusive of any
charges relating to these IPSIG services. The terms of this provision herein shall,
apply to the City, its officers, agents, employees and assignees.
Nothing contained in this provision shall impair any independent right of the Public
Health Trust to conduct, audit, or investigate the operations, activities and
performance of the City in connection with this AGREEMENT. The terms of
this provision are neither intended nor shall the City construe them to impose,any
liability on the TRUST.
Miami -Dade County Inspector General Review. According to Section 2-1076 of the
Code of Miami -Dade County, Miami -Dade County has established the Office of the
Inspector General (IG) which may, on a random basis, perform audits, inspections,
and reviews of all County and Public Health Trust contracts. This random audit is
separate and distinct from any other audit by the County. The City shall, in
stating its agreed process, be mindful of this assessment, which will not
be separately identified, calculated or adjusted in the City's Proposal. The audit
cost shall also be included in all change orders and all contract renewalsand
extensions.
The Miami -Dade Office of Inspector General is authorized to investigate
County affairs and empowered to review past, present and proposed County
and Public Health Trust programs, accounts, records, contracts and transactions.
In addition, the Inspector General has the power to subpoena witnesses,
administer oaths, require the production of witnesses and monitor existing projects
and programs. Monitoring of an existing project or program may include a report
concerning whether the project is on time, within budget and in conformance with
plans, specifications and applicable law. The Inspector General shall have the
power to audit, investigate, monitor, oversee, inspect and review operations,
activities, performance, and procurement processes, including but not limited to
project design, proposal specifications, proposal submittals, activities of the City,
its officers, agents and employees, lobbyists, County and Public Health Trust staff
and elected officials to ensure compliance with contract specifications and to
detect fraud and corruption.
Upon ten (10) days written notice to the City, the City shall make all requested
records and documents available to; the Inspector General for inspection and
copying. The Inspector General shall have the right to inspect and copy all
documents and records in the City's possession, custody or control which in the.
Inspector General's sole judgment, pertain to performance of the AGREEMENT,
including, but not limited, to original estimate files, change order estimate
files, worksheets, proposals and agreements from and with successful
subcontractors and suppliers, all project -related correspondence, memoranda,
instructions, financial documents, construction documents, Proposal and
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
AGREEMENT documents, back- change documents, all documents and records
which involve cash, trade or volume discounts, insurance proceeds, rebates, or
dividends received, payroll and personnel records and supporting documentation
for the aforementioned documents and records.
The City shall make available at its office at all reasonable times the records,
materials, and other evidence regarding the acquisition (proposal preparation) and
performance of this AGREEMENT, for examination, audit, or reproduction, until
three (3) years after final payment under this AGREEMENT or for any longer
period required by statute or by other clauses of this AGREEMENT. In addition:
1. If this AGREEMENT is completely or partially terminated, the City shall
make available records relating to the work terminated until three (3) years after
any resulting final termination settlement; and
2. The City shall make available records relating to appeals or to litigation or
the settlement of claims arising under or relating to this AGREEMENT until such
appeals, litigation, or claims are finally resolved.
The provisions in this section shall apply to the City, its officers, agents,
employees, subcontractors and suppliers. The City shall incorporate. the
provisions in this section in all subcontracts and all other agreements executed by
the City in connection with the performance of this AGREEMENT. Nothing in this
section shall impair any independent right to the County to conduct audits or
investigative activities. The provisions of this section are neither intended nor shall
they be construed to impose any liability on the County by the City or third
parties.
Exception: The above application of one quarter (I/4) of one percent fee
assessment shall not apply to the following contracts: (a) IPSIG contracts; (b)
contracts for legal services; (c) contracts for financial advisory services; (d)
auditing contracts; (e) facility rentals and lease agreements; (f) concessions and
other rental agreements; (g) insurance contracts; (h) revenue -generating
contracts; (i) contracts where an IPSIG is assigned at the time the contract is
approved by the TRUST; (j) professional service agreements under $1,000; (k)
management agreements; (I) small purchase orders as defined in Miami -Dade
County Administrative Order 3-38; (m) federal, state and local government -
funded grants; and (n) interlocal agreements. Notwithstanding the foregoing, the
TRUST may authorize the inclusion of the fee assessment of one -quarter (1/4) of
one percent in any exempted contract at the time of award.
Nothing contained above shall in any way limit the powers of the Inspector General
to perform audits on all Public Health Trust contracts including, but not limited to,
those contracts specifically exempted above.
[Signature Page to Follow]
DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-882A-030EECDA80A8
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year
above written.
TRUST:
Public Health Trust of Miami -Dade
County, an agency and instrumentality of
Miami -Dade County, Florida
DocuSigned by:
By:1 YthS� a
AeroAC cei �423
Carlos A. Migoya,
Chief Executive Officer
7/5/2022
Approved by the Miami -Dade County Approved for sufficiency as to insurance
Attorney's Office as to form and legal and liability by the Director of Risk
sufficiency: Management, Jackson Health System
�— oocuSign.d by: ,—000uSpned by:
By ( st (. X C. z 7/6/2022
Assistant Miami -Dade County
Attorney
Christopher C. Kokoruda
ATTEST:
By�(,l�urk 17
aWWatl.V
Chuck Tawwater
CITY:
7/6/2022
CITY OF MIAMI, a municipal corporation
organized under the laws of the State of
Florida
Todd B. H ity Clerk By:
Arthur Noriega V, • ty Manager
APPROVED AS TO LEGAL FORM APPROVED AS TO INSURANCE
AND CORRECTNESS:
By:
ictoria Mendez
City Attorney
TMF MID 22-976K
9
REQUIREMENTS:
Q u eved o Digitally signed by
Quevedo, Terry
Date: 2022.07.07
Te r r
By:
Y 08:54:04 -04'00'
Ann -Marie Sharpe, Director
Risk Management
DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
Attachment "A"
Scope of Services
Below is a list of resources to be provided by the Trust throughout the term of this
Agreement:
1. Staffing
Medical Doctor, MD or DO 1.00
APRN 0.20
APRN-Cardiology 1.00
Office Coordinator PG 1.00
Medical Assistant 1.00
Medical Assistant 0.20
Receptionist 1.20
Navigator (Outpatient Specialist) 1.00
Ultrasound Tech 0.50
Echo Tech 0.50
Radiologic Technologist 0.50
2. Clinical/Business Systems.
The Trust will provide IT hardware/software systems and Electronic Health
Record (EHR) as part of this Agreement. In doing so, and to ensure IT security
standards are consistent with other Jackson facilities, the IT hardware (server,
routers, switches, PCs, printers, etc.) will be provided by the Trust.
The City will be responsible for any and all improvements to the designated
space. All non -IT related equipment and supplies (i.e. exam tables, diagnostic
equipment, desks, chairs, etc.) necessary to perform the services within the
Center and a Front Desk/Greeter.
3. Wellness Services. The Trust shall provide the following Wellness Services to
the City, as further described below. The individual lab and diagnostic testing
below is included in the Fee for Wellness Services and is required to be
performed onsite or at a JHS Laboratory.
a. Lab Tests.
i. CBC
ii. CMP (includes BMP & LFT)
iii. Lipid Profile
iv. Urinalysis
v. Thyroid Panel with TSH
vi. Hemoglobin Al C
vii. PSA (Prostate Specific Antigen)
viii. Heavy Metal Testing —Arsenic
ix. Heavy Metal Testing - Lead
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
x. Heavy Metal Testing —Mercury
xi. Pap Smear
xii. Free Forming Testosterone Level
xiii. CA125 Cancer Antigen 125
xiv. Glucose (assume included in CMP above)
xv. Hemoccult Screening Fecal Occult Blood Test (FOBT)
xvi. Hepatitis C - Estimate 25 members
xvii. PPD ( Tuberculosis)
xviii. Quantiferon (if prior history of positive PPD; replaces need for chest
Xray)
xix. TSH Thyroid Stimulating Hormone
xx. Cholinesterase Plasma
b. Ultrasonography:
i. Carotid Doppler with an evaluation to include all abnormalities of the
vessel.
ii. Thyroid Ultrasound
in. Abdominal Ultrasound (bladder, gall bladder, kidney, liver, pancreas, and
spleen)
iv. Abdominal Ultrasound (Thoracic Aorta)
v. Echocardiogram, including Aortic superior
vi. Pelvic Ultrasound for Women (External, Ovaries, and Uterus)
vii. Testicular Scrotal Ultrasound for Men
viii. Prostate Ultrasound for Men
c. Head to Toe Physical Exam:
i. Health History Questionnaire or PAR-Q
ii. Mental Health and Sleep Disorder Assessments
iii. Vision (Titmus test)
iv. Audiometric testing/Hearing Exam
v. Breast Exam for women
vi. Pelvic exam (optional)
vii. Skin cancer assessment
viii. Personal Consultation with review of testing results
ix. Pulmonary Function Testing
x. Nutrition and diet recommendations
xi. Exercise recommendations
d. Screenings:
Onsite screenings
i. Cardiovascular Stress Test Echocardiogram
ii. Stress EKG (treadmill)
iii. Chest x-ray Post Anterior & Lateral
iv. Routine EKG
v. Pap Smear
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
Offsite screenings — These Services provided by the TRUST shall be
billed to the City member's private insurance.
vi. Screening Mammography
vii. Cardiovascular Thallium Stress Test
e. Written Medical Clearances to also include:
i. OSHA Respirator Medical Clearance
ii. Firefighter Medical Clearance
f. Convenient Care Services. Effective on August 1, 2023, Convenient Care
Services above physical examination will include the assessment and
treatment of the illness and injuries included in Attachment "B" when
diagnosis can be achieved by clinical assessment and diagnostic testing
/evaluation available on -site.
g. Fee for the Wellness Services. The City shall compensate and pay the
Trust the sum of Seven Hundred Thousand Dollars ($700,000.00), payable
by the City to the Trust for the Wellness Services performed under this
Agreement, which includes costs associated with such Wellness Services.
The City shall pay the sum stated in this paragraph 3 in equal monthly
installments of $58,333.33 commencing on the first day of the month next
following execution of this Agreement and continuing on the first date of
each month thereafter until fully paid. The Trust agrees and understands
that (i) any and all subcontractors providing Services related to this
Agreement shall be paid through the Trust and not paid directly by the City,
and (ii) any and all liabilities regarding payment to or use of subcontractors
for any of the Wellness Services related to this Agreement shall be borne
solely by the Trust.
4. Occupational Health Services.
The Trust shall perform a variety of occupational health services for the City,
as further described below.
a. The Trust shall:
i. Conduct pre -employment physicals, which include the following: 1) Pre-
employment physical exam; 2) Drug and alcohol screening; 3) EKG; 4)
Hepatitis A, B, and C Titer; 5) HIV Screening; 6) MS 3D Echo (TTE)
Complete; 7) MS CVSLR Stress Test; 8) PPD Tuberculin Test; 9) XR
Chest 2 Views; 10) Hepatitis B Vaccine
ii. Conduct random drug & alcohol screening
iii. Conduct the following for the Cadets -Feeder Program: 1) Pre-
employment drug and alcohol screening; 2) Preadmission physicals to
include, physical exam, EKG, Flu Vaccine, MMR Titer, TB skin test,
Varicella Antibody, and Pregnancy Test; 3). MMR Vaccine; 4) Varicella
Vaccine; and 5) Chest X-ray 2 views.
iv. Conduct fitness for duty physical examinations
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
b. Fees for Occupational Health Services.
The City shall compensate the Trust for the provision of Occupational
Health Services in accordance with the fee schedule below.
Cadets -Feeder Program
Charge per member
Pre -employment Drug and Alcohol
Screening (off -site screening)
$331.95
'.
Preadmission Physicals — to
include:
Physical
EKG
Flu Vaccine
MMR Titer
TB Skintest
Varicella Antibody
Pregnancy Test
Chest X-ray
$242.60
MMR Vaccine
$90.00
Varicella Vaccine
$130.00
Random Drug Screen
Charge per test per member
Drug and Alcohol Screening
$31.95
Pre -Employment Physicals
Charge per member
Pre -employment Physical Exam
Drug and Alcohol Screening
EKG
Hepatitis A,B, and C Titer
$812.45
HIV Screening
MS 2D Echo (TTE) Complete
MS CVSLR Stress Test
)
PPD Tuberculin Test
XR Chest 2 Views
Hepatitis B Vaccine
Fit for Duty
Charge per member
Fit for Duty Physical
$27.00
5. Center: The Center will be located at the Marlins Parking Facility located at
1502 NW 4 Street, Retail No. 5, Miami, Florida 33125.
6. Diagnostic Services provided in the Center will include professional
interpretation by the Trust Radiologist and is included in the Fee for Wellness
Services.
7. Incidental services not identified on this Attachment A that can be provided at
the Center and which do not increase cost will be included as part of this
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
Agreement at no additional cost to the City. However, the Trust may decline to
provide any incidental services that will incur additional costs, as the same is
determined by the Parties,, and the City will direct impacted employees to other
providers for such services.
8. The schedule set forth and the content of the present physical examination
shall continue, unless changed by mutual agreement of the parties.
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
ATTACHMENT "B"
Wellness Services
Convenient Care Services
Minor Illnesses
Allergies - seasonal
Cough & bronchitis
Ear infections & earaches
Flu -like symptoms
Heartburn & indigestion
HIV pre- or post -exposure treatment
Mononucleosis
Mouth & oral conditions
Mouth & oral pain
Nausea, vomiting & diarrhea
Pink eye & styes
Sinus infections & congestion
Sore & strep throats
STD evaluation & treatment
Upper respiratory infections
Urinary tract & bladder infections
Minor Injuries
Bug bites & stings
Minor burns
Minor cuts, blisters & wounds
Splinter removal
Suture & staple removal
Tick bites
Skin Conditions
Acne treatment
Athlete's foot
Chicken pox
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DocuSign Envelope ID: 0C4F90A7-7AAB-43B9-8B2A-030EECDA80A8
Cold, canker & mouth sores
Dermatitis, rash & skin irritation
Impetigo
Lice
Minor psoriasis
Poison ivy & poison oak
Ringworm
Rosacea
Scabies
Shingles
Sunburn
Swimmer's itch
Wart evaluation
Vaccinations
DTaP (diphtheria, tetanus, pertussis)
Flu shots
Hepatitis A
Hepatitis B
MMR (measles, mumps, rubella)
Meningitis
Pneumonia
Shingles vaccine (herpes zoster vaccine)
Td (tetanus, diphtheria)
Tdap (tetanus, diphtheria, pertussis)
Vitamin B12 injection
Women's Services
Pregnancy evaluation
Urinary tract & bladder infections
Yeast infections
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