2000-23921 RESO
RESOLUTION NO. 2000-23921
A RESOLUTION AUTHORIZING THE ADMINISTRATION TO PROCEED WITH
THE ISSUANCE OF A REQUEST FOR PROPOSALS SEEKING A
PROFESSIONAL SERVICES AGREEMENT (1) TO PROVIDE PHYSICAL
EXAMINATIONS ON HIRES, AND PROMOTIONS FOR CLASSIFICATIONS
WHERE PHYSICAL DUTIES VARY GREATLY; (2) DRUG TESTS ON HIRES TO
MAINTAIN A DRUG-FREE WORK ENVIRONMENT; (3) RETURN TO WORK
CLEARANCE EVALUATIONS; (4) REHABILITATION EVALUATIONS; (5)
ADMINISTRATION OF AN EMPLOYEE ASSISTANCE PROGRAM; (6)
RETENTION OF ALL MEDICAL RECORDS; (7) EV ALUA TION OF APPLICANTS
AND EMPLOYEES AS REQUIRED BY THE CITY; (8) ADMINISTRATION OF
VACCINES FOR CITY EMPLOYEES, AS NEEDED; (9) ACT AS THE
DESIGNATED CITY PHYSICIAN; (10) CONDUCT RANDOM DRUG AND
ALCOHOL TESTING BASED ON THE FLORIDA DEPARTMENT OF
TRANSPORTATION STANDARDS AND UNION CONTRACTS; AND (11)
PROVIDE FOR OTHER MEDICAL SERVICES, AS MAY BE NECESSARY
AND/OR REQUIRED BY THE CITY AND LOCAL, STATE AND FEDERAL LAWS.
WHEREAS, on May 7, 1998, the City issued Request for Proposals No. 42-97/02 (RFP),
for a service provider to supply comprehensive medical evaluations; medical records retention,
psychiatric services; an immunization program; a drug and alcohol testing program; a wellness
program; an employee assistance program; and worker's compensation claims evaluation and
treatment for City of Miami Beach employees and/or employment applicants; and
WHEREAS, responses were received from Mount Sinai Medical Center and Miami Heart
Institute and Medical Center; and
WHEREAS, on June 19, 1998, the Health Advisory Committee reviewed both proposals,
and concluded that both hospitals were fully capable of performing the scope of services needed and
further stated that the proposals were so similar in nature that the only differentiating factor was cost;
and
WHEREAS, on June 23, 1998, the Evaluation Committee reviewed both proposals, and
Mount Sinai Medical Center was the first ranked proposer, with Miami Heart Institute and Medical
Center as a back-up provider for the requested services of necessary; and
WHEREAS, on July 15, 1998, the Mayor and City Commission authorized the
Administration to enter into negotiations with the number one ranked hospital, Mount Sinai Medical
Center, which became effective on October 1, 1998, and which could be extended for four (4) years;
and
WHEREAS, on August 6, 1999, the Administration was informed that Mt. Sinai Medical
Center was experiencing financial difficulties and was considering contract cancellation; and
WHEREAS, on August 31, 1999, the Administration received notice that the contract would
be terminated effective October 1, 1999; and
WHEREAS, Miami Heart Institute and Medical Center agreed to perform the services for
the same rate as Mt. Sinai Medical Center; and
WHEREAS, Mt. Sinai Medical Center is considering the purchase of Miami Heart Institute
which may leave the City without a service provider; and
WHEREAS, the City desires to continue to protect the psychological and physical health
of all employees and potential employees and to provide for the physical safety and well being of
citizens, visitors, and employees; and
WHEREAS, the City desires to have a professional and experienced provider to perform
examinations on hires; on promotions for classifications where physical duties vary greatly; drug
tests on hires to maintain a drug-free work environment; return to work clearance evaluations;
rehabilitation evaluations; administer and employee assistance program and other special services,
as required by the City and local, State and federal laws and regulations; maintain and retain all
medial records, evaluate applicants and employees, as required by the City; administer vaccines for
City employees as needed; act as the designated City physician; conduct random drug and alcohol
testing based on the Florida Department of Transportation standards and union contracts; and
provide for other medical services as may be necessary; and
WHEREAS, the primary users of this contract, the City's Human Resources and Risk
Management Departments, have recommended that the services be continued; and
WHEREAS, it is imperative that these medical services be continued, uninterrupted; and
WHEREAS, funding for these services has been requested in the Fiscal Year 2000/2001
budget of the Risk Management Department.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and Commission
authorize the Administration to proceed with the issuance of a Request for Proposals seeking a professional
services agreement (I) to provide physical examinations on hires, and promotions for classifications where
physical duties vary greatly; (2) drug tests on hires to maintain a drug-free work environment; (3) return to
work clearance evaluations; (4) rehabilitation evaluations; (5) administration of an employee assistance
program; (6) retention of all medical records; (7) evaluation of applicants and employees as required by the
city; (8) administration of vaccines for city employees, as needed; (9) act as the designated city physician;
(10) conduct random drug and alcohol testing based on the Florida department of transportation standards
and union contracts; and (11) provide for other medical services, as may be necessary and/or required by the
city and local, state and federal laws.
PASSED AND ADOPTED this24thday of
May
,2000.
ATTEST:
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CITY CLERK
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MAYOR
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CITY OF MIAMI BEACH
RFP NO. 98-99/00
REQUEST FOR PROPOSALS FOR
A RESOLUTION AUTHORIZING THE ADMINISTRATION TO PROCEED WITH THE
ISSUANCE OF A REQUEST FOR PROPOSALS SEEKING A PROFESSIONAL SERVICES
AGREEMENT, TO PROVIDE: (1) PHYSICAL EXAMINATIONS ON HIRES, AND ON
PROMOTIONS FOR CLASSIFICATIONS WHERE PHYSICAL DUTIES VARY
GREATLY; (2) DRUG TESTS ON HIRES TO MAINTAIN A DRUG-FREE WORK
ENVIRONMENT; (3) RETURN TO WORK CLEARANCE EVALUATIONS; (4)
REHABILITATION EVALUATIONS; (5) ADMINISTRATION OF AN EMPLOYEE
ASSISTANCE PROGRAM; (6) RETENTION OF ALL MEDICAL RECORDS; (7)
EVALUATION OF APPLICANTS AND EMPLOYEES AS REQUIRED BY THE CITY; (8)
ADMINISTRATION OF VACCINES FOR CITY EMPLOYEES AS NEEDED; AND (9) TO
ACT AS THE DESIGNATED CITY PHYSICIAN; AND (10) TO CONDUCT RANDOM
DRUG AND ALCOHOL TESTING BASED ON THE DEPARTMENT OF
TRANSPORTATION STANDARDS AND UNION CONTRACTS; AND (11) TO PROVIDE
FOR OTHER MEDICAL SERVICES AS MAY BE NECESSARY AND/OR REQUIRED BY
THE CITY AND LOCAL, STATE AND FEDERAL LAWS.
A PRE-PROPOSAL CONFERENCE IS SCHEDULED FOR 10:00 A.M.
ON JUNE 12,2000, IN THE CITY MANAGER LARGE CONFERENCE ROOM
PROPOSALS ARE DUE AT THE ADDRESS SHOWN BELOW
NO LATER THAN JUNE 22, 2000 AT 4:00 P.M.
CITY OF MIAMI BEACH
PROCUREMENT DIVISION
1700 CONVENTION CENTER DRIVE, THIRD FLOOR
MIAMI BEACH, FL 33139
PHONE: (305) 673-7490
FAX: (305) 673-7851
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
1
TABLE OF CONTENTS
Pae:e
I. OVERVIEW AND PROPOSAL PROCEDURES 3-8
II. SCOPE OF SERVICES 9-15
III. PROPOSAL FORMAT 16
IV. EV ALUA TION/SELECTION PROCESS; CRITERIA FOR EV ALUA TION 17-18
V. GENERAL PROVISIONS 19-20
VI. SPECIAL TERMS AND CONDITIONS 21-24
VII. ATTACHMENTS 25-33
VIII. PROPOSAL DOCUMENTS TO BE COMPLETED AND RETURNED 34-47
TO CITY
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
2
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES:
A. INTRODUCTIONIBACKGROUND
The City of Miami Beach, Florida (hereinafter referred to as "the City") has a need to
contract a service to provide physical examinations on hires on promotions for
classifications where physical duties vary greatly; drug tests on hires 10 maintain a drug-free
work environment; return to work clearance evaluations; rehabilitation evaluations;
administer an employee assistance program and other special services as required by the city
and local, state and federal laws and regulations; maintain and retain all medical records;
evaluate applicants and employees, as required by the city; administer vaccines for city
employees, as needed; act as the designated city physician; conduct random drug and alcohol
testing based on the department of transportation standards and union contracts; and provide
for other medical services as may be necessary for approximately 1702 City employees and
at least 500 employment applicants.
The awarded contract will be for a one (1) year term with an option for a second, third,
fourth, and fifth year, at the City's discretion.
B. RFP TIMETABLE
The anticipated schedule for this RFP and contract approval is as follows:
Health Advisory Committee meeting
May 15, 20000, at 4:00 p.m.
RFP issued
May 25, 2000
Pre- Proposal Conference
June 12,2000, at 10:00 A.M.
Deadline for receipt of questions
June 15, 2000, at 4:00 p.m.
Deadline for receipt of proposals
June 22, 2000, at 4:00 P.M.
Health Advisory Committee review
June 26, 2000, at 4:00 P.M.
Evaluation Committee meeting
June 28, 2000, at 9:00 A.M.
Commission approval and authorization
of negotiations
July 26, 2000
Contract negotiations
Week of: August 14,2000
Projected award date
September 13,2000
Projected contract start date
October 1,2000
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
3
C. PROPOSAL SUBMISSION
An original and (10) ten copies of complete proposal must be received by 6/22/00 at 4:00
P.M. and will be opened on that day at that time. The original and all copies must be
submitted to the Procurement Division in a sealed envelope or container stating on the
outside the proposer's name, address, telephone number, RFP number and title, and proposal
due date.
The responsibility for submitting a response to this RFP to the Procurement Division on or
before the stated time and date will be solely and strictly that of the proposer. The City will
in no way be responsible for delays caused by the U.S. Post Office or caused by any other
entity or by any occurrence. Proposals received after the proposal due date and time will not
be accepted and will not be considered.
D. PRE-PROPOSAL CONFERENCE
A pre-proposal conference is scheduled on June 12, 2000, at 10:00 A.M. in the City Manager
fourth floor large conference room.
E. CONTACT PERSON/ADDITIONAL INFORMATION/ADDENDA
The contact person for this RFP is the Procurement Director at (305) 673-7490. Proposers
are advised that from the date of release of this RFP until award of the contract, no contact
with City personnel related to this RFP is permitted, except as authorized by the contact
person. Any such unauthorized contact may result in the disqualification of the proposer's
submittal.
Requests for additional information or clarifications must be made in writing to the
Procurement Director no later than the date specified in the RFP timetable. Facsimiles will
be accepted at (305) 673-7851.
The City will issue replies to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the deadline for responding to the RFP.
Proposers should not rely on representations, statements, or explanations other than those
made in this RFP or in any addendum to this RFP. Proposers are required to acknowledge
the number of addenda received as part of their proposals. The proposer should verify
with the Procurement Division prior to submitting a proposal that all addenda have
been received.
F. PROPOSAL GUARANTY
None required.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
4
G. MODIFICA TION/WITHDRA W ALS OF PROPOSALS
A proposer may submit a modified proposal to replace all or any portion of a previously
submitted proposal up until the proposal due date and time. Modifications received after the
proposal due date and time will not be considered.
Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the
proposal due date or after expiration of 120 calendar days from the opening of proposals
without a contract award. Letters of withdrawal received after the proposal due date and
before said expiration date and letters of withdrawal received after contract award will not
be considered.
H. RFP POSTPONEMENT/CANCELLATIONIREJECTION
The City may, at its sole and absolute discretion, reject any and all, or parts of any and all,
proposals; re-advertise this RFP; postpone or cancel, at any time, this RFP process; or waive
any irregularities in this RFP or in any proposals received as a result of this RFP.
I. COST INCURRED BY PROPOSERS
All expenses involved with the preparation and submission of proposals to the City, or any
work performed in connection therewith, shall be the sole responsibility of the proposer(s)
and not be reimbursed by the City.
J. VENDOR APPLICATION
Prospective proposers should register with the DemandStar.com (the City's Vendor Database
Management firm); this will facilitate the receipt of future notices of solicitations when they
are issued. Potential proposers may contact DemandStar.com at (800) 711-1712 or register
on-line at www.demandstar.com.
It is the responsibility of the proposer to inform DemandStar.com concerning any changes,
such as new address, telephone number, or commodities.
K. EXCEPTIONS TO RFP
Proposers must clearly indicate any exceptions they wish to take to any of the terms in this
RFP, and outline what alternative is being offered. The City, after completing evaluations,
may accept or reject the exceptions. In cases in which exceptions are rejected, the City may
require the proposer to furnish the services or goods originally described, or negotiate an
alternative acceptable to the City.
RFP NO.: 98 - 99/00
DATE: 5/ 25 / 00
CITY OF MIAMI BEACH
5
L. SUNSHINE LAW
Proposers are hereby notified that all information submitted as part of a response to this RFP
will be available for public inspection after opening of proposals, in compliance with Chapter
286, Florida Statutes, known as the "Government in the Sunshine Law".
M. NEGOTIATIONS
The City may award a contract on the basis of initial offers received, without discussion, or
may require proposers to give oral presentations based on their proposals. The City reserves
the right to enter into negotiations with the selected proposer, and if the City and the selected
proposer cannot negotiate a mutually acceptable contract, the City may terminate the
negotiations and begin negotiations with the next selected proposer. This process may
continue until a contract has been executed or all proposals have been rejected. No proposer
shall have any rights in the subject project or property or against the City arising from such
negotiations.
N. PROTEST PROCEDURE
Proposers that are not selected may protest any recommendations for contract award by
sending a formal protest letter to the Procurement Director, which letter must be received no
later than 5 calendar days after award by the City Commission. The Procurement Director
will notify the protester of the cost and time necessary for a written reply, and all costs
accruing to an award challenge shall be assumed by the protester. Any protests received after
5 calendar days from contract award by the City Commission will not be considered, and the
basis or bases for said protest shall be deemed to have been waived by the protester.
O. RULES; REGULATIONS; LICENSING REQUIREMENTS
Proposers are expected to be familiar with and comply with all Federal, State and local laws,
ordinances, codes, and regulations that may in any way affect the services offered, including
the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform
Guidelines, all EEO regulations and guidelines, and the Omnibus Transportation Act
349CFR40 and Department of Transportation (DOT) regulations regarding alcohol and drug
testing. Ignorance on the part of the proposer will in no way relieve it from responsibility
for compliance.
RFP NO.: 98 - 99 / 00
DATE: 5 / 25 / 00
CITY OF MIAMI BEACH
6
P. DEFAULT
Failure or refusal of a proposer to execute a contract upon award by the City Commission,
or untimely withdrawal of a proposal before such award is made and approved, may result
in forfeiture of that portion of any proposal surety required as liquidated damages to the City;
where surety is not required, such failure may result in a claim for damages by the City and
may be grounds for removing the proposer from the City's vendor list.
Q. CONFLICT OF INTEREST
All proposers must disclose with their proposal the name(s) of any officer, director, agent,
or immediate family member (spouse, parent, sibling, child) who is also an employee of the
City of Miami Beach. Further, all proposers must disclose the name of any City employee
who owns, either directly or indirectly, an interest of ten (10%) percent or more in the
proposer or any of its affiliates.
R COMPLIANCE WITH THE CITY'S LOBBYIST LAWS
All proposers are expected to be or become familiar with all City of Miami Beach Lobbyist
laws, as amended from time to time. Proposers shall ensure that all City of Miami Beach
Lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed
herein, in addition to disqualification of their proposals, in the event of such non-compliance.
S. PROPOSER'S RESPONSIBILITY
Before submitting proposal, each proposer shall make all investigations and examinations
necessary to ascertain all conditions and requirements affecting the full performance of the
contract. Ignorance of such conditions and requirements resulting from failure to make such
investigations and examinations will not relieve the successful proposer from any obligation
to comply with every detail and with all provisions and requirements of the contract
documents, or will be accepted as a basis for any claim whatsoever for any monetary
consideration on the part of the proposer.
T. RELATION OF CITY
It is the intent of the parties hereto that the successful proposer be legally considered to be
an independent contractor and that neither the proposer nor the proposer's employees and
agents shall, under any circumstances, be considered employees or agents of the City.
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
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U. PUBLIC ENTITY CRIME
A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crimes may not submit a bid on a contract to provide any goods or services
to a public entity, may not submit a bid on a contract with a public entity for the construction
or repair of a public building or public work, may not submit bids on leases of real property
to a public entity, may not be awarded or perform work as a contractor, supplier, sub-
contractor, or consultant under a contract with a public entity, and may not transact business
with any public entity in excess of the threshold amount provided in Sec. 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted
vendor list.
V. CONE OF SILENCE
You are hereby advised that this RFP is subject to the "Cone of Silence," in accordance with
Ordinance No. 99-3164. From the time of advertising until the City Manager issues his
recommendation, there is a prohibition on communication with the City's professional staff.
The Ordinance does not apply to oral communications at pre-bid conferences, if held, oral
presentations before evaluation committees, contract discussions during any duly noticed
public meeting, public presentations made to the City Commission during any duly noticed
public meeting, contract negotiations with the staff following the award of this RFP by the
City Commission, or communications in writing at any time with any city employee, officia~
or member of the City Commission unless specifically prohibited. A copy of all written
communications must be filed with the City Clerk. Violation of these provisions by any
particular bidder or proposer shall render this RFP award to said bidder or proposer void, and
said bidder or respondent shall not be considered for any RFP, RFQ, RFLI or bid for a
contract for the provision of goods or services for a period of one year.
W. DEBARMENT ORDINANCE
Bidders are hereby advised that this RFP is further subject to City of Miami Beach Ordinance
No. 2000-3234 (The City's Debarment Ordinance). Bidders are strongly advised to review
the City's Debarment Ordinance. Debarment may constitute grounds for termination of the
contract as well as disqualification from consideration on any City of Miami Beach RFP,
RFQ, RFLI, or bid.
RFP NO.: 98 - 99/00
DATE: 5 / 25 / 00
CITY OF MIAMI BEACH
8
SECTION II - SCOPE OF SERVICES
A. GENERAL
In accordance with established medical practice, the service provider, based on the physical
requirements of the job description provided by the City will conduct physical examinations
and drug testing as required for pre-employment on all new hires, promotional exams for
classifications where physical duties greatly vary, retum-to-work clearance, rehabilitation
consideration, and other special services as required by the City and/or local, state and
federal laws and regulations.
Conduct and review laboratory results, x-rays, and other medical reports. Evaluates reports
and makes appropriate recommendations as needed. Reviews special medical problems such
as return from sick leave, on-duty injuries, disability, etc. Provides reports and medical
opinions when applicable. Counsels personnel and job applicants about medical conditions
and findings, and refers to appropriate follow-up care, when indicated.
Provide the City with a primary contact, or Project Manager who will be assigned to
address all questions and concerns of the City. This contact will be available for pre-
employment issues during all business hours.
A back-up will be designated in case the Project Manager is unavailable. Back-up will be
fully informed in all areas. All other staff providing services under this contract will be
properly informed and trained on procedures, forms, changes, etc. under this contract. Any
special instructions will be communicated to all staff.
All medical evaluations results shall be reported to the Human Resources Department
within 48 hours from the time the applicant is first seen.
All services will be available a minimum of five (5) days/week during business hours.
(Prefer 7 a.m. to 5 p.m.) Actual hours to be negotiated.
The City will have the ability to schedule same day or next day appointments for all
services if necessary .
In special cases, and with at least 3 days advanced notice by the City, the service provider
will make arrangements to provide services outside normal business hours, such as
evenings and weekends.
RFP NO.: 98 - 99 / 00
DATE: 5 1 25 1 00
CITY OF MIAMI BEACH
9
Provide convenient parking at no cost to applicants, employees, or the City for individuals
referred.
With the assistance of the City's Information Technology Department, the provider will
set up and utilize an electronic mail system compatible with the City. If requested by the
City, all reports and other necessary communication will be utilized through this system.
Any and all associated costs with the set up, other than the City's payroll costs for set up, will
be absorbed by the Hospital.
Provider will utilize City forms for areas including, but not limited to: fitness for duty,
Authorization and release, etc. Provider will review all forms used with the City and
permit changes as needed.
The Provider will insure that instructions, changes, and transfer of information and
documents will be only with individuals designated by the Human Resources Director.
Immediate notification will be made to designated City staff of "no-shows" or any
problems with the individual's cooperation or compliance.
The Provider will provide applicant deadlines for follow up as needed, as determined by
City policy.
Individuals referred must not have a waiting time that exceeds 30 minutes.
Ensure confidentiality of all records, information, correspondence, etc.
Provides the City with a quarterly utilization summary report.
B. COMPREHENSIVE PHYSICAL EXAMINATIONS AND DRUG TESTING FOR
PRE-EMPLOYMENT AND PROMOTIONS
Based on the physical requirements of the job description provided by the City will conduct
physical examinations and drug testing as required for pre-employment on all new hires and
exams on promotional applicants where physical duties greatly vary
Results of the applicants physical examination shall be reported to the Human Resources
Department within 48 hours from the time the applicant is first seen.
Permit at least 10 appointments per day and provide capacity for up to 20 appointments
per day with 3 days advanced notice from the City.
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
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The City will have the ability to schedule same day or next day appointments for pre-
employment examinations.
PPD tests are to be read by the service provider. Positive results will be handled by the
service provider and will not be referred to the Department of Health or other facility
unless agreed to in writing by the City. In any case, there will be no additional charge to
the applicant for this service.
Police Officer applicants must include tests for heart disease evaluation.
Firefighter pre-employment examination must include tests for evidence of AIDS,
Hepatitis, Pulmonary Tuberculosis, or Meningococcal Meningitis."
C. MEDICAL RECORDS
Maintain health files for all City employees. Establish and maintain medical records
regarding injuries, accidents, etc. related to employees in accordance with all State and
Federal laws, as applicable. Upon request of the Human Resources Director, or his
designee, the service provider will provide medical records within 24 hours of request.
Medial records may only be released to the Human Resources Director, Claims Coordinator
or their designee. All requests and designee's assignments must be made and accepted in
writing only. The selected provider, if different from the current provider, will obtain all
records from the current provider, and will maintain such records.
If and when this contract is awarded to another service provider, all open medical and
other records related to this contract will be delivered to the new provider within 30 days
of the expiration of the Hospital's contract. The Hospital will provide copies of closed
records within twenty-four hours of the request.
D. PSYCHIATRIC SERVICES
May be requested to hold an open door walk-in psychiatric clinic for all City employees one
day per week and at other times if necessary.
May be requested to attend staff conferences and conduct on-site training and observation
of new Police Officers and Firefighters and conduct ongoing meetings with all Police
Officers, other employees referred by the City, their supervisors and top echelon officers.
May be requested to review and research psychological factors relating to personnel,
especially public safety.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
11
May be requested to conduct stress-reduction meetings with spouses of Police Officer
personnel and other employees referred by the City.
May be requested to conduct psychological or psychiatric consultations with general City
employees, as requested by the City, and prepare appropriate summary and
recommendation reports.
E. IMMUNIZATION PROGRAM
Administer an intradermal test for Tuberculosis exposure on all employees as necessary and
requested. A chest x-ray may be done in lieu of an intradermal test for Tuberculosis.
Administer a Tetanus Toxoid Booster Immunization for Police Officers, Firefighters, Fire
Rescue personnel, Waste Collectors and Parks personnel. May include other occupations
depending on the job specification and/or individual requirements.
Administer Hepatitis B vaccine for those City employees with a potential risk exposure to
infected blood or body fluids, as determined by the City.
Other vaccines that may be required are measles, mumps and rubella vaccine or any
additional immunizations, tests, vaccines, etc. as required by local, state, or federal
requirements or by industry recommendations or guidelines.
Administer and make available, according to current Federal guidelines anti- viral
medications against the AIDS for emergency responders. These medications must be
given within two hours of a significant exposure to the AIDS virus. Our employees must
have access to the administration of anti-viral medications for the AIDS virus on a twenty-
four hour basis.
Administer HIV / AIDS baseline tests to sworn Fire Department employees; and, perform
other tests requested by the City to comply with future Union contracts.
F. DRUG & ALCOHOL TEST PROGRAM
Ability to conduct a Drug and Alcohol Test Program as required by local, state and federal
law and regulations. This includes a certified Substance Abuse Professional, Breath Alcohol
Technician and Medical Review Officer.
Conduct pre-employment drug testing on all applicants. Conduct promotional drug and
alcohol testing to all safety sensitive applicants before they actually perform safety sensitive
functions for the first time.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
12
Conduct random Drug & Alcohol testing on Police Officer personnel. Service provider shall
test yearly approximately 400 Fraternal Order of Police employees, 30 Government
Association employees, 300 American Federation of State, County and Municipal
Employees, and 200 International Association of Firefighter employees, and conduct other
random drug and/or alcohol testing as may be specified by the City.
Conduct random, unannounced testing on safety sensitive employees who drive or maintain
vehicles that require Commercial Driver Licenses to operate, in compliance with the
Omnibus Transportation Act 349CFR40. Fifty percent of these employees will be tested for
drug abuse and 25% for alcohol misuse. Note, the random rate for testing is subject to
change based on the DOT standards and union contracts.
Conduct testing on employees whose performance could have contributed to an accident
even if the employee was not cited for a traffic violation. (This would require access to staff
available 24 hours/day and 7 days/week.)
Conduct testing on employees when the City observes behavior or appearance that is
characteristic of drug use or abuse or alcohol use or misuse.
Conduct return-to-duty and follow-up testing for employees who violate the prohibited
alcohol or drug conduct standards. At least 6 unannounced tests must be conducted in the
first 12 months after an employee returns to duty. Follow-up testing may be extended for
up to 60 months following retum-to-duty.
Provide these drug and alcohol testing services with licensed and certified personnel and
laboratories as required by Local, State, and Federal Law including, but not limited to,
Medical Review Officer (MRO), Breath Alcohol Technician (BAT), and Substance Abuse
Professional (SAP) who is a Florida Certified Addiction Professional (CAP) and National
Certified Addiction Counselor II (NCACII) as required by D.O.T.
Conduct annual training for designated City employees on the Drug Free Workplace Act.
The service provider will insure proper and documented chain of custody during and after
sample collection and testing.
The service provider will provide appropriately private facilities to conduct these tests,
including a locked, secured box, etc. for private articles and police weapons.
G. WELLNESS PROGRAM
Provide annual health screening and health education at a minimum of (2) two job site areas
within the City. Topics to be mutually agreed upon by the City and medical facility.
RFP NO.: 98 - 99 / 00
DATE: 5 / 25 1 00
CITY OF MIAMI BEACH
13
Provides information on drug use and treatment resources to safety sensitive drivers.
H. EMPLOYEE ASSISTANCE PROGRAM (EAP) - (THE CITY RESERVES THE
RIGHT TO SEPARATE THIS SERVICE FROM THE CONTRACT).
The service provider shall, at a minimum, provide the following services: Comprehensive
professional services directed towards diagnosis and resolution of emotional or behavioral
problems affecting our employees.
It is intended that the program provide up to a total of three (3) visits per employee and/or
immediate family member per year before invoking insurance coverage or other appropriate
resources. This may include counseling, diagnosis, referral, and/or follow-up
for adolescents, family crisis counseling, counseling on issues including, but not limited to
finances, illness, legal problems, marital, stress and anxiety, violence, vocational counseling,
and substance abuse counseling as well as customary psychological or medical counseling.
The designated program must maintain regular office hours, Monday through Friday, and
be available to respond to emergencies twenty four hours per day, seven days per week.
The personnel assigned to provide these services must be licensed in the State of Florida
under Chapter 491 as a Mental Health Professional to do counseling.
To facilitate the transition and provide information to all City employees regarding EAP,
the Hospital will initiate orientation meetings with managers and union representatives
to familiarize them with the process. The provider will provide informational posters
and flyers to all departments and brochures for all employees.
I. FITNESS FOR DUTY EVALUATIONS/RETURN TO WORK/REHABILITATION
EVALUATIONS
Evaluate employees' ability to continue employment in their current capacity and to assess
and recommend reasonable accommodation for other job opportunities for which they
may be qualified. This may include a physical examination, return to work evaluation,
psychological and/or psychiatric evaluation, and/or any reports to be completed as
requested by the City for fitness for duty. Evaluations are to be completed within two
working days of the request, and on the same day in case of an emergency. Summary
City forms and recommendations will be forwarded to the City within 24 hours of the
appointment.
Assist the City in the evaluation and verification of questionable family leave requests.
J. EXECUTIVE PHYSICAL
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Proposer will recommend an annual medical physical evaluation and wellness program
for executive staff.
K. PERFORMANCE CRITERIA AND EVALUATION
Each month the City will evaluate the Hospital's performance based on the scope of
services, and employees, applicants, Human Resources and Risk Management
Departments' feedback. The criteria to be rated will include, but is not limited to pre-
employment, EAP, drug and alcohol screening, fitness for duty determinations,
communication on all requested results, and designated contact availability. The criteria
to be rated will change based upon the needs of the City.
If the City finds the Hospital to have less than an 80% compliance in any of the Scope
of Services over a 30 day period, the City, may utilize a 15 day notice to correct such
default.
L. COMMUNICATION
With the assistance of the City's Information Technology Department, the provider will
set up and utilize an electronic mail system compatible with the City. If requested by
the City, all reports and other necessary communication will be utilized through this
system. Any and all associated costs with the set up, other than the City's payroll costs
for set up, will be absorbed by the Hospital.
The provider will have qualified personnel available during all business hours to
provide all services, including final physician sign off, for pre-employment
examinations.
All test results under Scope of Services will communicated only to the Human
Resources Director, or his designees.
M. STAFFING
The provider will staff sufficiently to supply all services stated in this agreement. The
provider will increase staffing if they are unable to fully comply with what has been stated
in the Scope of Services.
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SECTION III - PROPOSAL FORMAT
Proposals must contain the following documents, each fully completed and signed as required.
Proposals which do not include all required documentation or are not submitted in the required
format, or which do not have the appropriate signatures on each document, may be deemed to be
non-responsive. Non-responsive proposals will receive no further consideration.
A. CONTENTS OF PROPOSAL
1. Table of Contents
Outline in sequential order the major areas of the proposal, including enclosures. All
pages must be consecutively numbered and correspond to the table of contents.
2. Proposal Points to Address:
Proposer must respond to all minimum requirements listed below, and provide
documentation which demonstrates ability to satisfY all ofthe minimum qualification
requirements. Proposals which do not contain such documentation may be deemed
non-responSIve.
3. Price Proposal
Proposer must include price which will be charged to the City. Proposer MUST
BREAKDOWN PRICE FOR EACH SERVICE AREA.
4. Acknowledgment of Addenda and Proposer Information forms (Section VIII)
5. Any other document required bv this RFP. such as a Questionnaire or Proposal
Guaranty.
B. MINIMUM REQUIREMENTS / QUALIFICATIONS:
Proposers must provide a proposal for either all services indicated under the "Scope of
Services" (Sections A-M) or the Employee Assistance Program (Section H) only.
SECTION IV - EVALUATION/SELECTION PROCESS: CRITERIA FOR EVALUATION
The procedure for proposal evaluation and selection is as follows:
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1. Request for Proposals issued.
2. Receipt of proposals.
3. Opening and listing of all proposals received.
4. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each
proposal in accordance with the requirements of this RFP. If further information is desired,
proposers may be requested to make additional written submissions or oral presentations to
the Evaluation Committee.
5. The Evaluation Committee shall recommend to the City Manager the proposal or proposals
acceptance of which the Evaluation Committee deems to be in the best interest of the City.
The Evaluation Committee shall base its recommendations on the entire Request for
Proposals, specifically reviewing the following factors:
*
Ability to provide all requested services within designated time frames.
Cost of services provided.
Convenience of obtaining service and proximity to Miami Beach.
Overall reputation within the community.
Experience level, credentials of assigned staff.
Designated contact availability.
Appointment/next day scheduling.
Number of appointments that can be scheduled daily.
*
*
*
*
*
*
*
6. After considering the recommendation(s) of the Evaluation Committee, the City Manager
shall recommend to the City Commission the proposal or proposals acceptance of which the
City Manager deems to be in the best interest of the City.
7. The City Commission shall consider the City Manager's recommendation(s) in light of the
recommendation(s) and evaluation of the Evaluation Committee and, if appropriate, approve
the City Manager's recommendation(s). The City Commission may reject City Manager's
recommendation(s) and select another proposal or proposals. In any case, City Commission
shall select the proposal or proposals acceptance of which the City Commission deems to be
in the best interest of the City. The City Commission may also reject all proposals.
8. Negotiations between the selected proposer and the City Manager take place to arrive at a
contract. If the City Commission has so directed, the City Manager may proceed to negotia1e
a contract with a proposer other than the top-ranked proposer if the negotiations with the top-
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ranked proposer fail to produce a mutually acceptable contract within a reasonable period of
time.
9. A proposed contract or contracts are presented to the City Commission for approval,
modification and approval, or rejection.
10. If and when a contract or contracts acceptable to the respective parties is approved by the
City Commission, the Mayor and City Clerk sign the contract(s) after the selected
proposer(s) has (or have) done so.
Important Note:
By submitting a proposal, all proposers shall be deemed to understand and agree that no
property interest or legal right of any kind shall be created at any point during the aforesaid
evaluation/selection process until and unless a contract has been agreed to and signed by both
parties.
SECTION V - GENERAL PROVISIONS
A. ASSIGNMENT
The successful proposer shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet, or otherwise dispose of this contract, or of any or all of its right, title,
or interest therein, or its power to execute such contract to any person, firm, or corporation
without prior written consent of the City. Any unauthorized assignment shall constitute a
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default by the successful proposer.
B. INDEMNIFICATION
The successful proposer shall be required to agree to indemnify and hold harmless the City
of Miami Beach and its officers, employees, and agents, from and against any and all actions,
claims, liabilities, losses and expenses, including but not limited to attorneys' fees, for
personal, economic or bodily injury, wrongful death, loss of or damage to property, in law
or in equity, which may arise or be alleged to have arisen from the negligent acts or
omissions or other wrongful conduct of the successful proposer, its employees, or agents in
connection with the performance of service pursuant to the resultant Contract; the successful
proposer shall pay all such claims and losses and shall pay all such costs and judgments
which may issue from any lawsuit arising from such claims and losses, and shall pay all costs
expended by the City in the defense of such claims and losses, including appeals.
c. TERMINATION FOR DEF AUL T
If through any cause within the reasonable control of the successful proposer, it shall fail to
fulfill in a timely manner, or otherwise violate any of the covenants, agreements, or
stipulations material to the Agreement, the City shall thereupon have the right to terminate
the services then remaining to be performed by giving written notice to the successful
proposer of such termination which shall become effective upon receipt by the successful
proposer of the written termination notice.
In that event, the City shall compensate the successful proposer in accordance with the
Agreement for all services performed by the proposer prior to termination, net of any costs
incurred by the City as a consequence of the default.
Notwithstanding the above, the successful proposer shall not be relieved of liability to the
City for damages sustained by the City by virtue of any breach of the Agreement by the
proposer, and the City may reasonably withhold payments to the sua::essful proposer for the
purposes of set off until such time as the exact amount of damages due the City from the
successful proposer is determined.
D. TERMINATION FOR CONVENIENCE OF CITY
The City may, for its convenience, terminate the services then remaining to be performed at
any time without cause by giving written notice to successful proposer of such termination,
which shall become effective thirty (30) days following receipt by proposer of such notice.
In that event, all finished or unfinished documents and other materials shall be properly
delivered to the City. If the Agreement is terminated by the City as ll'ovided in this section,
the City shall compensate the successful proposer in accordance with the Agreement for all
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services actually performed by the successful proposer and reasonable direct costs of
successful proposer for assembling and delivering to City all documents. No compensation
shall be due to the successful proposer for any profits that the successful proposer expected
to earn on the balanced of the Agreement. Such payments shall be the total extent of the
City's liability to the successful proposer upon a termination as provided for in this section.
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SECTION VI - SPECIAL TERMS AND CONDITIONS
ACCEPTANCE OR REJECTION OF PROPOSALS
The City of Miami Beach reserves the right to reject the proposal from any perSCDOf firm who has previously
failed in the proper performance of an award or to deliver on time contracts of a similar nature or who is not
in a position to perform properly under this award.
AMERICAN'S WITH DISABILITIES ACT
The proposer agrees to adhere to and be governed by all applicable requirements of the laws listed below
including, but not limited to, those provisions pertining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 V.92. 12101-12213
and 47 V.S.c. Sections 225 and 611 including Title I, Employment;Title II, Public Services; Title Ill, Public
Accommodations and Services Operated by Private Entities; Title IV, Telecommunications; and Title V,
Miscellaneous Provisions. The Rehabilitation Act of 1973: 29 V.S.c. Section 794. The Federal Transit Act,
as amended: 49 V.S.C. Section 1612. The Fair Housing Act as amended: 42 V.S.C. Section 3601-3631.
The proposer must compllie and submit the City's Disability Non-Discrimination Affidavit (Attachment D).
In the event Contractor is found to be in non-compliance with the provisions of the Affidavit, the City may
impose such sanctions as it may determine to be appropriate, including but not limited to, withholding of
payment to Contractor, under the Agreement until comfilince and/or cancellation, termination or suspension
of the Agreement pursuant to this Section, Contractor shall not be relievd of liability to the City for damages
sustained by the City by virtue of Contractor's breach of the Agreement.
ASSIGNMENT
The successful proposer( s) shall not enter into any sub-contract, retain consultants, or assign,
transfer, convey, sublet or otherwise dispose of this contract, or of any or all of its right, title, or
interest therein, or its power to execute such contract to any person, company, or corporation without
prior written consent of the City.
AVAILABILITY OF FUNDS
The obligations of the City of Miami Beach under this award are subject to the availability of funds
lawfully appropriated for its purpose by the State of Florida and the City Commission.
EQUAL EMPLOYMENT AND OPPORTUNITY STATEMENT
The City of Miami Beach believes in Equal Opportunity practices which conform to both the spirit
and the letter of all laws against discrimination and is committed to nondiscrimination because of
age, citizenship or intending citizenship status, color, disability, familial status, gender, marital
status, national origin, race, religion, or sexual orientation. Proposer shall submit a statement as to
their non-discrimination policy and commitment.
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In connection with the performance ofthe Agreement, the provider shall not discriminate against any
employee or applicant for employment because of age, citizenship or intending citizenship status,
color, disability, familial status, gender, marital status, national origin, race, religion, or sex
orientation. Such action shall include, but not be limited to the following: employment, upgrading,
demotion, or termination; recruitment or recruitment advertising; layoff or termination; rates of pay,
or other forms of compensation; and selection for training, including apprenticeship.
ESTIMATES OF SERVICE
This RFP provides estimates of the anticipated volume of individuals to be tested. This is for the
proposer's guidance only and no guarantee is given or implied as to the actual number of individuals
to whom services may be provided. It should be clearly understood that these estimates in no way
constitute a guarantee of the level of effort that will be requested of the successful proposer.
INSURANCE REQUIREMENTS
The successful bidder/contractor will be required to maintain in full force and effect for the duration
of the contract:
1. Professional liability covering the services and activities required in this contract pursuant
to Florida Statutes.
2. Workers Compensation & Employers Liability as required per Florida statutes.
3. Thirty (30) days written notice of cancellation or substantial modification in the insurance
coverage must be given to the City by the provider and his insurance company.
4. The insurance must be furnished by insurance companies authorized to do business in the
State of Florida and approved by the City's Risk Management Dept.
5. Original certificates of insurance for the above coverage must be submitted to the City's Risk.
Management Dept.for approval prior to any work commencing. These certificates will be
kept on file in the office of the Risk Manager. Upon each anniversary or expiration of the
policy, a new certification and policy must be presented to the Risk Management Dept.
6. The provider is responsible for obtaining and submitting all insurance certificates.
7. Risk Management has the right to modify coverage as deemed necessary.
All insurance policies must be issued by companies authorized to do business under the laws of the
State of Florida. The companies must be rated no less than "B+" as to management and not less than
"Class VI" as to strength by the latest edition of Best's Insurance Guide, published in the latest
edition of A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of
the City's Risk Manager.
Compliance with the foregoing requirements shall not relieve the provider of the liabilities and
obligations under any portion of the Agreement, and the City shall have the right to obtain from the
provider, specimen copies of the insurance policies in the event that submitted certificates of
insurance are inadequate to ascertain compliance with required coverage.
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All of provider's certificates, above, shall contain endorsements providing that written notice shall
be given to the City at least thirty (30) days prior to termination, cancellation or reduction in
coverage in the policy.
Unless directed by the City otherwise, the provider shall not commence any services pursuant to this
Agreement until the City has received and approved, in writing, certificates of insurance showing
that these requirements (in their entirety) have been met and provided for. Alternate coverage or any
changes to these requirements which may be necessary will be determined by and are subject to prioc
approval ofthe City Manager and/or his/her designee. Insurance requirements are subject to change.
PROJECT MANAGEMENT
The provider shall appoint a qualified individual acceptable to the City to serve as Project Manager
for the services who shall be fully responsible for the day-to-day activities under this Agreement, ani
who shall serve as the primary contact for the City's Project Coordinator.
PROPOSAL CERTIFICATION
Submission of a signed proposal is proposer's certification that the proposer will accept any awards
made as a result of said submission at the prices and terms contained therein. The prices quoted in
the proposal shall remain in effect for at least 120 days.
SANCTIONS FOR NONCOMPLIANCE WITH NONDISCRIMINATION PROVISIONS
In the event of the Provider's noncompliance with the nondiscrimination provisions of the
Agreement, the City shall impose such Agreement Sanctions as the City or the State of Florida may
determine to be appropriate, including but not limited to withholding of payments to the provider
under the Agreement until the provider complies and/or cancellation, termination or suspension of
the Services, in whole or in part. In the event the City cancels or terminates the services pursuant
to this Section the rights and obligations of the parties shall be the same as provided under
Termination for Convenience of City.
SOLE PROPERTY
The successful proposer will be prohibited from publishing or releasing any information related to
the requested services without the prior written permission of the City. All tests, evaluations,
reports, and other materials and documents resulting from this contract will remain the sole property
of the City; shall not be disposed of without specific written authorization from the City; and shall
be used by the City in any manner without any aiditional charge. Such materials shall include, but
not be limited to, electronically produced and/or stored data, prepared by the provider pursuant to
the contract, and will be given to the City in a format suitable for reuse by the City.
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TAXES
The City is exempt from Federal Excise and State of Florida Sales Tax. State Sales Tax and Use Tax
Certificate Number is 04-00097-09-23.
ADDITIONAL INFORMATION
Questions regarding these specifications must be in writing and submitted to:
Procurement Division Office
1700 Convention Center Drive
Miami Beach, FI 33139
Telephone - (305) 673-7490
Should any questions or responses require revisions to the specifications as originally published,
such revisions will be by formal amendment only.
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SECTION VII - A TT ACHMENTS
SUMMARY OF CURRENT SERVICES WHICH THE PROVIDER IS EXPECTED TO
ADMINISTER: (EXACT EXAMINATION WILL VARY FOR EACH CLASSIFICATION
BASED ON THE JOB DESCRIPTION SUBMITTED BY THE CITY TO THE PROVIDER)
1. Physical Examination
Head and Neck
Breast
Chest and Lungs
Spine and Back
Cardiovascular
Abdomen
Rectal
Extremities
Skin
Neurological Examination
Male Genitalia
Anthropometric Measurements
- Blood Pressure
- Heart Rate
- Height
- Weight
2. Laboratory Work-up
Hematology Panel
Blood Chemistry
Serology
Urinalysis
HBSAG (Hepatitis B screen for certain positions)
3. Chest X-Ray
4. Electrocardiogram (EKG)
5. Vision Test
6. Colon-Rectal Cancer Screen
7. Tonometry Test
8. Audio Check (Hearing)
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9. Pulmonary Function Test (Vital lung capacity)
10. Functional Capacity Evaluation
11. Immunization Program, Intradermal Test for Tuberculosis, Exposure (PPD), Tetanus
Toxoid Booster, Hepatitis B Vaccine, Measles, Mumps and Rubella Vaccine
12. Psychiatric Services
13. Employee Assistance Program
14. Get Fit Program (Wellness Program)
15. Medical Record Services
16. Urinalysis Drug Testing
17. Drug Confirmation Test (GS/MS)
18. Blood Alcohol Test
19. Treadmill Stress Testing
20. Sigmoidoscopy
21. Special Examinations
Firefighters and Police*
Applicant Examination *
Promotional Examination *
22. Respiratory Fit Testing/Self Contained Breathing Apparatus
* Comprehensive physical exam per above with additional components according to State
of Florida or OSHA standards.
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SUBMIT OPERATIONAL PLAN OF PROVIDING SERVICES TO APPROXIMATELY
1,702 CITY OF MIAMI BEACH EMPLOYEES, AND AT LEAST 500 POTENTIAL
EMPLOYEES, INCLUDING THE FOLLOWING:
A. GENERAL:
1. Primary contact name, title, availability, and resume.
2. Back-up contact name, title, availability and resume.
3. Qualifications of new people working under this contract will be submitted to
the City in writing for approval prior to them doing any work under this
contract. Submit list of all employees that will be working under the current
contract and any intention for additional personnel, and back-up personnel for
each function.
4. Operational hours
5. Ability to schedule appointments, number/day, same day, next day,
appointments outside business hours
6. Parking availability
7. Electronic mail set up.
8. Applicant wait time.
9. Ability to furnish the Human Resources Department with a quarterly utilization
summary report.
A. COMPREHENSIVE MEDICAL EVALUATIONS AND PRE-EMPLOYMENT
DRUG TESTING:
I. Physical Examinations for Pre-Employment on all new hires and Promotional
exams for classifications where physical duties greatly vary.
2. X-rays and all Laboratory tests as required.
3. Ability to meet the 48 hours deadline for results to be reported to the Human
Resources Department.
4. Number of appointments/day capacity.
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5. Ability to schedule same day/next day examination/drug test.
6. Ability to perform PPD test on site, how positive results are handled and turn
around time.
7. Ability to perform heart disease evaluation for Police Officer applicants.
8. Ability to perform entry level fire-fighter testing.
8. Days, hours of availability of pre-employment examinations.
9. Primary contact name, title, availability, and resume.
B. MEDICAL RECORDS:
1. Description of System for Maintenance of health files for all City Employees.
2. Description for Establishment and Maintenance of all medical records; this
includes all necessary typing and preparation of all insurance forms, as required.
3. Description for Establishment and Maintenance of employee records; this includes
filing, maintaining and collecting all data pertinent to each employee.
4. Primary contact name, title, availability, and resume.
5. Description of procedures to ensure security, confidentiality, accuracy and space
that will be provided to store new records, and maintain all old records from
previous providers.
6. Record retrieval time for City requests.
D. PSYCHIATRIC SERVICES:
1. Plans to interview and evaluate Police Officers and Firefighters, and other
applicants, as required by the City.
2. Plan for providing open door walk-in psychiatric clinic care for all City
employees. Explain hours and days per week service is available and location of
facility to provide service.
3. Ability to attend staff conferences and conduct on-site training and observation of
new Police Officers and Firefighters, as required by the City.
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4. Program to conduct ongoing meetings with all Police Officers, supervisors, and
top echelon officers. Frequency of such to be no less than quarterly.
5. Ability to review and research psychological factors relating to personnel.
6. Plans to conduct psychiatric consultations with general City employees, as
requested by the City.
7. Primary contact name, title, availability, and resume.
E. IMMUNIZATION PROGRAM
1. Plans to administer intradermal testing for Tuberculosis exposure on all
employees, as requested.
2. Plans to administer a Tetanus Toxoid Booster Immunization Program. Please
specify what job classifications will be involved.
3. Plans to administer Hepatitis B vaccine, as determined by the City.
4. Explain what other vaccines may be available through the contract being offered.
5. Plans to administer anti-viral medication for emergency responders. This plan
must comply with Federal guidelines, and include 24 hour access, and the
ability to start medication within two hours of a significant exposure to the
AIDS virus.
6. Primary contact name, title, availability, and resume.
F. DRUGS & ALCOHOL TEST PROGRAM
1. Describe your Drug & Alcohol Testing Program, as required by local, state and
federal law and regulations.
2. Plans for drug & alcohol testing at a yearly rate of approximately 930 Police
Officer personnel.
3. Describe your plans for conducting random unannounced testing on all safety
sensitive employees who drive or maintain vehicles that require commercial
driver licenses. Fifty percent of the employees who are required to possess a
commercial driver's license, or approximately 160 employees, shall be tested for
drug abuse and twenty five percent for alcohol misuse.
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4. Describe your testing procedures for employees whose performance would have
contributed to an accident even if the employee was not cited for a moving
violation.
5. Plans for testing employees which the City observes behavior or appearance that
is characteristic of drug user or abuse or alcohol use or misuse.
6. Describe how follow-up and return-to-duty testing will be administered.
7. Physical description of facility and flow to ensure privacy and control of test.
8. Describe what will be tested for, at what levels, how the tests will be conducted,
and how the results will be reported, etc.
9. Primary contact name, title, availability, and resume.
Please designate the contact(s) with the following certifications that will be
performing the required work: MRO, BAT, SAP (include their name, title,
availability, and resume.)
G. WELLNESS PROGRAM
1. Describe what types of health screenings are available to employees. Specify any
additional cost that may not be included in the contract.
2. Describe how lectures will be performed, location and method of publication used
to announce topics.
3. Primary contact name, title, availability, and resume.
H. EMPLOYEE ASSISTANCE PROGRAM (EAP):
1. Plans to provide comprehensive professional counseling directed towards
diagnosis and resolution of behavioral problems affecting City of Miami Beach
employees.
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2. Plans for providing up to three (3) visits per employee and/or immediate family
member per year before invoking insurance coverage or other appropriate
resources.
3. Abilities to accommodate visits which include diagnosis, counseling, referral,
and/or follow-up for adolescent, family crisis counseling, counseling on issues
including, but not limited to finances, illness, legal problems, marital, stress and
anxiety, violence, substance abuse or vocational counseling as well as
customary, psychological or medical counseling.
4. Abilities for Referral Services to other appropriate professional services when
necessary .
5. Availability of crisis services to employees during non-working hours.
6. Ability for confidential maintenance of client records. Describe how this is to be
accomplished.
7. Time it will take for an employee to reach someone, make an appointment,
waiting time at scheduled appointment.
8. Primary contact name, title, availability, and resume.
I. FITNESS FOR DUTY /RETURN TO WORK/REHABILITATION
EVALUATIONS
1. Ability to assess reasonable accommodation.
2. Ability to complete evaluations within two days of the request.
3. Ability to assess fitness for duty.
4. Primary contact name, title, availability, and resume.
J. EXECUTIVE PHYSICAL AND WELLNESS PROGRAM
1. Recommendation for annual medical physical examination and wellness
program.
2. Primary contact name, title, availability, and resume.
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K. PERFORMANCE CRITERIA AND EVALUATION
n/a
L. COMMUNICATION
1. Plans on how the provider will insure the security, confidentiality, chain of
custody of exams, tests, records, results, correspondence, etc. (especially
records, employee assistance program and drug testing)
2. For each section under scope of services, describe ability to communicate
via electronic mail (cc:mail, presently), and other communication strategies
to be utilized.
3. Primary contact name, title, availability, and resume.
M. STAFFING
1. Ability to provide all services stated in this proposal. Ability to increase
staffing if needed.
2. Primary contact name, title, availability, and resume.
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HISTORY OF JOB-RELATED INJURIES
1986/87 527
1987/88 577
1988 / 89 524
1989 / 90 582
1990 / 91 497
1991 / 92 544
1992/93 561
1993/94 576
1994 / 95 618
1995 / 96 608
1996 / 97 598
1997/98 497
1998/99 360
* AUjob related injuries that required first aid are recorded for purposes of record keeping only.
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SECTION VIII - PROPOSAL DOCUMENTS TO BE COMPLETED
AND RETURNED TO CITY
1. Proposer Information
2. Acknowledgment of Addenda
3. Disability Nondiscrimination Affidavit
4. Operational Plan for Providing Services
5. Fee Proposal Form
6. Declaration
7. Questionnaire
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PROPOSER INFORMATION
Submitted by:
Proposer (Entity):
Signature:
Name (Typed):
Address:
City/State:
Telephone:
Fax:
It is understood and agreed by proposer that the City reserves the right to reject any and
all proposals, to make awards on all items or any items according to the best interest of the
City, and to waive any irregularities in the RFP or in the proposals received as a result of
the RFP. It is also understood and agreed by the proposer that by submitting a proposal,
proposer shall be deemed to understand and agree than no property interest or legal right
of any kind shall be created at any point during the aforesaid evaluation/selection process
until and unless a contract has been agreed to and signed by both parties.
(Authorized Signature)
(Date)
(Printed Name)
RFP NO.: 98 - 99 1 00
DATE: 5/25/00
CITY OF MIAMI BEACH
35
REQUEST FOR PROPOSALS NO. XX - 99 / 00
ACKNOWLEDGMENT OF ADDENDA
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this RFP:
Addendum No.1, Dated
Addendum No.2, Dated
Addendum No.3, Dated
Addendum No.4, Dated
Addendum No.5, Dated
Part II:
No addendum was received in connection with this RFP.
Verified with Procurement staff
Name of staff
Date
(Proposer - Name)
(Date)
(Signature)
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
36
DISABILITY NONDISCRIMINATION AFFIDAVIT
CONTRACT REFERENCE
NAME OF FIRM, CORPORATION, OR ORGANIZATION
AUTHORIZED AGENT COMPLETING AFFIDAVIT
PHONE NUMBER ( )
POSITION
I,
, being duly first sworn state:
That the above named firm, corporation or organization is in compliance with and agrees to continue to comply with, and
assure that any subcontractor, or third party contractor under this project complies with all applicable requirements of the laws
listed below including, but not limited to, those provisions pertaining to employment, provision of programs and services,
transportation, communications, access to facilities, renovations, and new construction.
The Americans with Disabilities Act of 1990 (ADA): Pub. L. 101-336, 104 Stat 327, 42 U.S.C. 12101-12213 and 47
U.S.C. Sections 225 and 611 including Title 1, Employment; Title 11, Public Services; Title lll, Public Accommodations
and Services Operated by Private Entities; Title IV, Telecommunications; and Title V, Miscellaneous Provisions.
The Rehabilitation Act of 1973: 29 U.S.c. Section 794.
The Federal Transit Act, as amended: 49 U.S.C. Section 1612.
The Fair Housing Act as amended: 42 U .S.c. Section 3601-3631.
Signature
Date
SUBSCRIBED AND SWORN TO (or affirmed) before me on
by
(Date)
(Affiant)
He/She is personally known to me or has presented
identification.
as
(Type of identification)
(Signature of Notary)
(Serial Number)
(Print or Stamp Name of Notary)
(Expiration Date)
Notary Public
(State)
Notary Seal
The City of Miami Beach will not award a contract to any firm, corporation or organization that fails to complete and submit
this Affidavit with the firm, corporation or organization's bid or proposal or fails to have this Affidavit on file with the City
of Miami Beach.
RFP NO.: 98 - 99/00
DA TE: 5 / 25 / 00
CITY OF MIAMI BEACH
37
FEE PROPOSAL FORM
Please complete the following chart. Indicate whether these items will be included within
the contract price, offered at an additional cost to the contract price, or not provided by
your facility. PLEASE USE THIS PAGE AS A GUIDE IN ESTIMATING YOUR COST.
Incl uded in
SERVICES
This Facility
1. Physical Examination
Head and Neck
Breast
Chest and Lungs
Spine and Back
Cardiovascular
Abdomen
Rectal
Extremities
Skin
Neurological Examination
Male Genitalia
Anthropometric Measurements
- Blood Pressure
- Heart Rate
- Height
- Weight
2. Laboratory Work-up
Hematology Panel
Blood Chemistry
Serology
Urinalysis
HBSAG (Hepatitis B screen
for certain positions)
3. Chest X-Ray
4. Electrocardiogram (EKG)
5. Vision Test
6. Colon-Rectal Cancer Screen
7. Tonometry Test
8. Audio Check (Hearing)
RFP NO.: 98 - 99/00
DATE: 5/25/00
Offered for Not Provided
Contract Price Additional Fee
HY
CITY OF MIAMI BEACH
38
(provide dollar amount)
FEE PROPOSAL FORM
SERVICES
(provide dollar amount)
Included in Offered for Not Provided
Contract Price Additional Fee By This Facility
9. Pulmonary Function Test
(Vital lung capacity)
10. Functional Capacity Evaluation
11. Immunization Program
Intradermal Test for Tuberculosis
Exposure (PPD)
Tetanus Toxoid Booster
Hepatitis B Vaccine
Measles, Mumps and
Rubella Vaccine
12. Psychiatric Services
13. Employee Assistance Program
14. Get Fit Program (Wellness Program)
15. Medical Record Services
16. Urinalysis Drug Testing
17. Drug Confirmation Test (GS/MS)
18. Blood Alcohol Test
19. Treadmill Stress Testing
20. Sigmoidoscopy
21. Special Examinations
Firefighters and Police
Applicant Examination*
Firefighter and Police
Promotional Examination*
22. Respiratory Fit Testing/
Self Contained Breathing Apparatus
List any other special services, not stated which the service provider will supply:
* Comprehensive physical exam per above with additional components according to
state standards. (Heart Disease screening for Police and presumption entitlement for
evidence of AIDS. Hepatitis, Pulmonary Tuberculosis, Meningococcal Meningitis).
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
39
FEE PROPOSAL FORM
SCOPE OF SERVICES:
A. GENERAL/OTHER
B. PRE-EMPLOYMENT PHYSICAL
EXAMINA TIONS/PROMOTIONAL
EXAMINATIONS AND DRUG TEST
(approximately 500 applicants)
(TESTS WILL VARY BASED ON
JOB DESCRIPTION)
C. MEDICAL RECORDS
RETENTION
D. PSYCHIATRIC SERVICES
E. IMMUNIZATION PROGRAM
F. DRUG AND ALCOHOL TEST
PROGRAM
G. WELLNESS PROGRAM
H. EMPLOYEE ASSISTANCE
PROGRAM
(The City reserves the right to separate
this service from the contract)
I. FITNESS FOR DUTY /RETURN
TO WORK/REHABILIT ATION
EVALUATION
J. EXECUTIVE PHYSICAL
K. PERFORMANCE CRITERIA n/a
L. COMMUNICATION
M. STAFFING
TOTAL PROPOSAL PRICE:
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
FEE:
CITY OF MIAMI BEACH
40
DECLARATION
TO: Lawrence A. Levy
City Manager
City of Miami Beach, Florida
Submitted this
day of
,1998.
The undersigned, as proposer, declares that the only persons interested in this proposal are named
herein; that no other person has any interest in this proposal or in the Contract to which this proposal
pertains; that this proposal is made without connection or arrangement with any other person; and
that this proposal is in every respect fair and made in good faith, without collusion or fraud.
The proposer agrees if this proposal is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the proposer
and the City of Miami Beach, Florida, for the performance of all requirements to which the proposal
pertains.
The proposer states that the proposal is based upon the documents identified by the following
number: RFP No. 98-99/00
SIGNATURE
PRINTED NAME
TITLE (IF CORPORATION)
RFP NO.: 98 - 99 / 00
DATE: 5/25100
CITY OF MIAMI BEACH
41
Proposer's Name:
Principal Office Address:
Official Representative:
Individual
Partnership (Circle One)
Corporation
If a Corporation. answer this:
When Incorporated:
In what State:
If Foreie:n Corporation:
Date of Registration with
Florida Secretary of State:
Name of Resident Agent:
Address of Resident Agent:
President's Name:
Vice-President's Name:
Treasurer's Name:
Members of Board of Directors:
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
QUESTIONNAIRE
CITY OF MIAMI BEACH
42
Ouestionnaire (continued)
If a Partnership:
Date of organization:
General or Limited Partnership*:
Name and Address of Each Partner:
NAME
ADDRESS
* Designate general partners in a Limited Partnership
I. Number of years of relevant experience in operating similar business:
2. Have any similar agreements held by proposer for a project similar to the proposed
project ever been canceled?
Yes ( )
No ( )
If yes, give details on a separate sheet.
3. Has the proposer or any principals of the applicant organization failed to qualify as
a responsible bidder, refused to enter into a contract after an award has been
made, failed to complete a contract during the past five (5) years, or been declared
to be in default in any contract in the last 5 years?
If yes, please explain:
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
43
4. Has the proposer or any of its principals ever been declared bankrupt or
reorganized under Chapter 11 or put into receivership?
If yes, give date, court jurisdiction, action taken, and any other explanation deemed
necessary .
5. Person or persons interested in this bid and Qualification Form (have)
(have not) been convicted by a Federal, State, County, or Municipal
Court of any violation oflaw, other than traffic violations. To include stockholders
over ten percent (10%). (Strike out inappropriate words)
Explain any convictions:
6. Lawsuits (any) pending or completed involving the corporation, partnership or
individuals with more than ten percent (10%) interest:
A. List all pending lawsuits:
B. List all judgments from lawsuits in the last five (5) years:
C. List any criminal violations and/or convictions of the proposer and/or any of
its principals:
RFP NO.: 98 - 991 00
DATE: 5 / 25 / 00
CITY OF MIAMI BEACH
44
Ouestionnaire (continued)
7. Conflicts of Interest. The following relationships are the only potential, actual, or
perceived conflicts of interest in connection with this proposal:
(If none, so state.)
Ouestionnaire (continued)
8. Public Disclosure. In order to determine whether the members of the Evaluation
Committee for this Request for Proposals have any association or relationships which
would constitute a conflict of interest, either actual or perceived, with any proposer
and/or individuals and entities comprising or representing such proposer, and in an
attempt to ensure full and complete disclosure regarding this contract, all Proposers
are required to disclose all persons and entities who may be involved with this
Proposal. This list shall include public relation firms, lawvers and lobbvists. The
Procurement Division shall be notified in writinll if anv person or entitv is added to this
list after receipt of proposals.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
45
Ouestionnaire (continued)
The proposer understands that information contained in this Questionnaire will be relied upon by the City in
awarding the proposed Agreement and such information is warranted by the proposer to be true. The
undersigned proposer agrees to furnish such additional information, prior to acceptance of any proposal relatiJg
to the qualifications of the proposer, as may be required by the Executive Director.
The proposer further understands that the information contained in this questionnaire may be confirmed
through a background investigation conducted by the Miami Beach Police Department. By submitting this
questionnaire the proposer agrees to cooperatewith this investigation, including but not necessarily limited to
fingerprinting and providing information for credit check.
WITNESSES:
IF INDIVIDUAL:
Signature
Signature
Print Name
Print Name
WITNESSES:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
Signature
By:
(General Partner)
(Print Name)
(Print Name)
WITNESSES:
IF CORPORATION:
Signature
Print Name of Corporation
Print Name
Address
By:
President
Attest:
(CORPORATE SEAL)
Secretary
RFP NO.: 98 - 99/00
DATE: 5 1 25 1 00
CITY OF MIAMI BEACH
46
DIVISION 3. LOBBYISTS
Sec.2-481. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Advisory personnel means the members ofthose city boards and agencies whose sole or primary responsibility
is to recommend legislation or give advice to the city commissioners.
Autonomous personnel includes but is not limited to the members of the housing authority, personnel board,
pension boards, and such other autonomous or semi-autonomous authorities, boards and agencies as are
entrusted with the day-to-day policy setting, operation and management of certain defined functions or areas
of responsibility.
Commissioners means the mayor and members of the city commission.
Departmental personnel means the city manager, all assistant city managers, all department heads, the city
attorney, chief deputy city attorney and all assistant city attorneys; however, all departmmtal personnel when
acting in connection with administrative hearings shall not be included for purposes of this division.
Lobbyist means all persons employed or retained, whether paid or not, by a principal who seeks to encourage
the passage, defeat or modification of any ordinance, resolution, action or decision of any commissioner; any
action, decision, recommendation of any city board or committee; or any action, decision or recommendation
of any personnel defined in any manner in this section, during the time period of the entire decision-making
process on such action, decision or recommendation that foreseeably will be heard or reviewed by the City
commission, or a City board or committee. The term specifically includes the principal as well as any agent,
attorney, officer or employee of a principal, regardless of whether such lobbying activities fall within the
normal scope of employment of such agent, attorney, officer or employee.
Quasi-judicial personnel means the members of the planning board, the board of adjustment and such other
boards and agencies of the city that perform such quasi-judicial functions. The nuisance abatement board,
special master hearings and administrative hearings shall not be included for purposes of this division.
(Ord. No. 92-2777, 99 1,2,3-4-92; Ord. No. 92-2785, 99 1,2,6-17-92)
Cross reference(s)--Definitions generally, S 1-2.
Sec. 2-482. Registration.
(a) All lobbyists shall, before engaging in any lobbying activities, register with the city clerk. Every person
required to register shall register on forms prepared by the clerk, pay a registration fee as specified in
appendix A and state under oath:
(1) His name;
(2) His business address;
(3) The name and business address of each person or entity which has employed the registrant to
lobby;
(4) The commissioner or personnel sought to be lobbied; and
(5) The specific issue on which he has been employed to lobby.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
47
(b) Any change to any information originally filed, or any additional city commissioner or
personnel who are also sought to be lobbied shall require that the lobbyist file an
amendment to the registration forms, although no additional fee shall be required for such
amendment. The lobbyist has a continuing duty to supply information and amend the forms
filed throughout the period for which the lobbying occurs.
@ If the lobbyist represents a corporation, partnership or trust, the chief officer, partner or
beneficiary shall also be identified. Without limiting the foregoing, the lobbyist shall also
identifY all persons holding, directly or indirectly, a five percent or more ownership interest
in such corporation, partnership, or trust.
(d) Separate registration shall be required for each principal represented on each specific issue.
Such issue shall be described with as much detail as is practical, including but not limited
to a specific description where applicable of a pending request for a proposal, invitation to
bid, or public hearing number. The city clerk shall reject any registration statement not
providing a description of the specific issue on which such lobbyist has been employed to
lobby.
(e) Each person who withdraws as a lobbyist for a particular client shall file an appropriate
notice of withdrawal.
(t) In addition to the registration fee required in subsection (a) of this section, registration of a
lllobbyists shall be required prior to October 1 of every even-numbered year; and the fee
for biennial registration shall be as specified in appendix A.
(g) In addition to the matters addressed above, every registrant shall be required to state the
extent of any business, financial, familial or professional relationship, or other relationship
giving rise to an appearance of an impropriety, with any current city commissioner or
personnel who is sought to be lobbied as identified on the lobbyist registration form filed.
(h) The registration fees required by subsections (a) and (t) of this section shall be deposited
by the clerk into a separate account and shall be expended only to cover the costs incurred
in administering the provisions of this division. There shall be no fee required for filing a
notice of withdrawal, and the city manager shall waive the registration fee upon a finding
of financial hardship, based upon a sworn statement of the applicant. Any person who only
appears as a representative of a nonprofit corporation or entity (such as a charitable
organization, a neighborhood or homeowner association, a local chamber of commerce or a
trade association or trade union), without special compensation or reimbursement for the
appearance, whether direct, indirect or contingent, to express support of or opposition to
any item, shall not be required to register with the clerk as required by this section. Copies
of registration forms shall be furnished to each commissioner or other personnel named on
the forms.
(Ord. No. 92-2777, ~ 3, 3-4-92; Ord. No. 92-2785, ~ 3, 6-17-92)
Sec. 2-483. Exceptions to registration.
(a) Any public officer, employee or appointee or any person or entity in contractual privity
with the city who only appears in his official capacity shall not be required to register as a
lobbyist.
(b) Any person who only appears in his individual capacity at a public hearing before
the city commission, planning board, board of adjustment, or other board or
committee and has no other communication with the personnel defined in section 2-481,
for the purpose of self-representation without compensation or reimbursement, whether
direct, indirect or contingent, to express support of or opposition to any item, shall not be
RFP NO.: 98 - 99 / 00
DATE: 5/25/00
CITY OF MIAMI BEACH
48
required to register as a lobbyist, including but not limited to those who are members of
homeowner or neighborhood associations. All speakers shall, however, sign up on forms
available at the public hearing. Additionally, any person requested to appear before any city
personnel, board or commission, or any person compelled to answer for or appealing a
code violation, a nuisance abatement board hearing, a special master hearing or an
administrative hearing shall not be required to register, nor shall any agent, attorney, officer
or employee of such person.
(Ord. No. 92-2777, SS 4, 5, 3-4-92; Ord. No. 92-2785, SS 4, 5, 6-17-92)
Sec. 2-484. Sign-in logs.
In addition to the registration requirements addressed above, all city departments, including the offices of
the mayor and city commission, the offices of the city manager, and the offices of the city attorney, shall
maintain signed sign-in logs for all non City employees or personnel for registration when they meet with
any personnel as defined in section 2-481.
(Ord. No. 92-2785, S 6, 6-17-92)
Sec. 2-485. List of expenditures.
(a) On October 1 of each year, lobbyists shall submit to the city clerk a signed statement under
oath listing all lobbying expenditures in the city for the preceding calendar year. A
statement shall be filed even if there have been no expenditures during the reporting period.
(b) The city clerk shall publish logs on a quarterly and annual basis reflecting the lobbyist
registrations filed. All logs required by this section shall be prepared in a manner
substantially similar to the logs prepared for the state legislature pursuant to F.S. S
11.0045.
((;) All members of the city commission and all city personnel shall be diligent to ascertain
whether persons required to register pursuant to this section have complied with the
requirements of this division. Commissioners or city personnel may not knowingly permit
themselves to be lobbied by a person who is not registered pursuant to this section to lobby
the commissioner or the relevant committee, board or city personnel.
(d) The city attorney shall investigate any persons engaged in lobbying activities who are
reported to be in violation of this division. The city attorney shall report the results of the
investigation to the city commission. Any alleged violator shall also receive the results of any
investigation and shall have the opportunity to rebut the findings, if necessary, and submit any
written material in defense to the city commission. The city commission may reprimand, censure,
suspend or prohibit such person from lobbying before the commission or any committee, board or
personnel of the city.
(Ord. No. 92-2777, S 6, 3-4-92; Ord. No. 92-2785, S 7, 6-17-92)
RFP NO.: 98 - 99 1 00
DATE: 5/25/00
CITY OF MIAMI BEACH
49
DIVISION 4. PROCUREMENT
Sec. 2-486. Cone of silence.
(a) Contracts for the provision of goods and services other than audit contracts.
(1) Definition. "Cone of silence" is hereby defined to mean a prohibition on: (a) any
communication regarding a particular request for proposal ("RFP"), request for qualifications
("RFQ"), request for letters of interest ("RFLI"), or bid between a potential vendor, service
provider, bidder, lobbyist, or consultant and the city's professional staff including, but not
limited to, the city manager and his or her staff; and (b) any communication regarding a
particular RFP, RFQ, RFLI, or bid between the mayor, city commissioners, or their respective
staffs, and any member of the city's professional staff including, but not limited to, the city
manager and his or her staff. Notwithstanding the foregoing, the cone of silence shall not apply
to competitive processes for the award of CDBG, HOME, SHIP and Surtax Funds
administered by the city office of community development, and communications with the city
attorney and his or her staff.
(2) Procedure.
a. A cone of silence shall be imposed upon each RFP, RFQ, RFLI, and bid after the
advertisement of said RFP, RFQ, RFLI, or bid. At the time of imposition of the cone
of silence, the city manager or his or her designee shall provide for public notice of the
cone of silence. The city manager shall include in any public solicitation for goods ani
services a statement disclosing the requirements of this division.
b. The cone of silence shall terminate a) at the time the city manager makes his or her
written recommendation as to selection of a particular RFP, RFQ, RFLI, or bid to the
city commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of
silence shall be reimposed until such time as the manager makes a subsequent written
recommendation, or b) in the event of contracts for less than $10,000.00, when the city
manager executes the contract.
(3) Exceptions. The provisions of this ordinance shall not apply to oral communications at pre-bid
conferences, oral presentations before evaluation committees, contract discussions during any
duly noticed public meeting, public presentations made to the city commissioners during any
duly noticed public meeting, contract negotiations with city staff following the award of an
RFP, RFQ, RFLI, or bid by the city commission, or communications in writing at any time
with any city employee, official or member of the city commission, unless specifically
prohibited by the applicable RFP, RFQ, RFLI, or bid documents. The bidder or proposer shall
file a copy of any written communications with the city clerk. The city clerk shall make copies
available to any person upon request.
(b) Audit contracts.
(1) "Cone of silence" is hereby defined to mean a prohibition on: (a) any communications
regarding a particular RFP, RFQ, RFLI, or bid between a potential vendor, service provider,
bidder, lobbyist, or consultant and the mayor, city commissioners or their respective staffs, and
any member of the city's professional staff including, but not limited to the city manager and
his or her staff, and (b) any oral communication regarding a particular RFP, RFQ, RFLI, or bid
between the mayor, city commissioners or their respective staffs and any Irember of the city's
RFP NO.: 98 - 99 / 00
DA TE: 5 / 25 / 00
CITY OF MIAMI BEACH
50
professional staff including, but not limited to, the city manager and his or her staff.
Notwithstanding the foregoing, the cone of silence shall not apply to communications with the
city attorney and his or her staff.
(2) Except as provided in subsections (b)(3) and (b)(4) hereof, a cone of silence shall be imposed
upon each RFP, RFQ, RFLI, or bid for audit services after the advertisement of said RFP,
RFQ, RFLI, or bid. At the time of the imposition of the cone of silence, the city manager or
his or her designee shall provide for the public notice of the cone of silence. The cone of
silence shall terminate a) at the time the city manager makes his or her written
recommendation as to the selection of a particular RFP, RFQ, RFLI, or bid to the city
commission; provided, however, that if the city commission refers the manager's
recommendation back to the city manager or staff for further review, the cone of silence shall
be reimposed until such time as the manager makes a subsequent written recommendation, or
b) or in the event of contracts for less than $10,000.00, when the city manager executes the
contract.
(3) Nothing contained herein shall prohibit any bidder or proposer: (I) from making public
presentations at duly noticed pre-bid conferences or before duly noticed evaluation committee
meetings; (ii) from engaging in contract discussions during any duly noticed public meeting;
(iii) from engaging in contract negotiations with city staff following the award of an RFP,
RFQ, RFLI, or bid for audit by the city commission; or (iv) from communicating in writing
with any city employee or official for purposes of seeking clarification or additional
information from the city or responding to the city's request for clarification or additional
information, subject to the provisions of the applicable RFP, RFQ, RFLI, or bid documents.
The bidder or proposer shall file a copy of any written communication with the city clerk. lli
city clerk shall make copies available to the general public upon request.
(4) Nothing contained herein shall prohibit any lobbyist, bidder, proposer, or other person or entity
from publicly addressing the city commissioners during any duly noticed public meeting
regarding action on any audit contract. The city manager shall include in any public solicitation
for auditing services a statement disclosing the requirements of this division.
@ Violations/penalties and procedures. An alleged violation of this section by a particular bidder or
proposer shall subject said bidder or proposer to the same procedures set forth in section 2-457, shall
render any RFP award, RFQ award, RFLI award, or bid award to said bidder or proposer void, and
said bidder or proposer shall not be considered for any RFP, RFQ, RFLI or bid for a contract for the
provision of goods or services for a period of one year. Any person who violates a provision of this
division shall be prohibited from serving on a city evaluation committee. In addition to any other
penalty provided by law, violation of any provision of this division by a city employee shall subject
said employee to disciplinary action up to and including dismissal. Additionally, any person who has
personal knowledge of a violation of this division shall report such violation to the state attorney
and/or may file a complaint with the county ethics commission.
(Ord. No. 99-3164, ~ 1, 1-6-99)
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
51
ORDINANCE NO 2000-3234
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING CHAPTER 2, ARTICLE VI, ENTITLED
"PROCUREMENT", BY CREATING TIVISION 5, ENTITLED "DEBARMENT", SECTIONS
2-397 THROUGH 2-406 OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA,
PROVIDING FOR DEBARMENT OF CONTRACTORS FROM CITY WORK; PROVIDING
FOR SEVERABILITY; CODIFICATION; REPEALER; AND AN EFFECTIVE DATE.
NOW THEREFORE, BE IT ORDAINED BY THE MA YOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Miami Beach City Code, Chapter 2, entitled "Administration", Article VI, entitled
"Procurement", is hereby amended by adding the following Division 5, entitled-
"Debarment of Contractors from City Work" reading as follows:
Division 5. Debarment of contractors from City work.
Section 2-397 Purvose of debarment.
(a) The City shall solicit offers from. award contracts to. and consent to subcontractors with
responsible contractors only: To effectuate this police. the debarment of contractors from City
work may be undertaken.
(b) The serious nature of debarment requires that this sanction be imposed only when it is in
the public interest for the City's protection. and not for purposes of punishment. Debarment
shall be imposed in accordance with the procedures contained in this ordinance.
Section 2-398 Definitions.
(a)AfJiliates. Business concerns. organizations. lobbyists or other individuals are affiliates of
each other if. directly or indirectly. (I) either one controls or has the power to control the other.
or (m a third part controls or has the power to control both. Indicia of control include. but are
not limited to. a fiduciary relation which results from the manifestation of consent by one
individual to another that the other shall act on his behalf and subiect to his control. and
consent by the other so to act: interlocking management or ownership: identity of interests
among family members: shared facilities and equipment; common use of employees: or a
business entity organized by a debarred entity. individual. or affiliate following debarment ofa
contractor that has the same or similar management. ownership. or principal employees as the
contractor that was debarred or suspended.
RFP NO.: 98 - 99/00
DATE: 5/25/00
CITY OF MIAMI BEACH
52
(b) Civil iudgment means a iudgment or finding of a civil offense by any court of competent
iurisdiction.
(\) Contractor means any individual or other legal entity that:
(1) Directly or indirectly (e.g. through an affiliate). submits
offers for is awarded.. or reasonably may be expected to submit offers or be awarded a City
contract. including. but not limited to vendors. suppliers. providers. bidders. proposers,
consultants. and/or design professionals. or
(2) Conducts business or reasonable man be expected to conduct business. with the City as
an agent.. representative or subcontractor of another contractor.
(d) Conviction means a iudgement or conviction of a criminal offense. be it a felony or
misdemeanor. by any court of competent iurisdiction. whether entered upon a verdict ora
plea. and includes a conviction entered upon a plea of nolo contendere
(e) Debarment means action taken by the Debarment Committee to exclude a contractor
(and. in limited instances specified in this ordinance. a bidder or proposer from City
contracting and City approved subcontracting for a reasonable. specified period asprovided
in subsection (j) below: a contractor so excluded is debarred.
(f) Debarment Committee means a group of seven (7) individual members. each appointed
by the Mayor and individual City Commissioners. to evaluate and. if warranted. to impose
debarment.
(g) P, epolldt;r WILt! Greater weight of the evidence means proof bv information that.
comlJared with that oplJosing it .leads to the conclusion that the fact at issue is more
probablv true than not.
(h) Indictment means indictment for a criminal offense. An information or other filing by
competent authority charging a criminal offense shall be given the same effect as an
indictment.
(I) LeflallJroceedinfl means any civil iudicial proceeding to which the City is a party or any
criminal proceeding. The term includes appeals from such proceedings.
0) List of debarred contractors means a list compiled. maintained and distributed by the
City's Procurement Office. containing the names of contractors debarred under the
procedures of this ordinance.
Section 2-399 List Of debarred contractors.
(a) The City's Procurement Office. is the agencv charged with the implementation of this
ordinance shall:
(1) Compile and maintain a current. consolidated list (List) of all contractors debarred bv City
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devartments. Such List shall be vublic record and shall be available for public inspection and
dissemination:
(2) Periodicallv revise and distribute the List and issue supplements. if necessary. to all
departments. to the Office of the City Manager and to the Mavor and City Commissioners: and
(3) Included in the List shall be the name and telephone number of the City official responsible for
its maintenance and distribution.
(b) The List shall indicate:
(]) The names and addresses of all contractors debarred. in alphabetical order:
(2) The name of the devartment that recommends initiation of the debarment action:
(3) The cause for the debarment action. as is further described herein. or other statutory or
regulatory authority:
(4) The effect of the debarment action:
(5) The termination date for each listing:
(6) The contractor's certificate of competence or license number. when apvlicable:
(7) The person through whom the contractor is qualified. when applicable:
(8) The name and telephone number of the point of contact in the department recommending the
debarment action.
CD The City's Procurement Office shall:
(1) In accordance with internal retention procedures. maintain records relatinz to each
debarment:
(2) Establish procedures to vrovide for the effective use of the List. including internal
distribution thereof. to ensure that departments do not solicit offers from. award contracts to. or
consent to subcontracts with contractors on the List: and
(3) Resvond to inQuiries concerninz listed, contractors and coordinate such resvonses with the
devartment that recommended the action.
Section 2-400 Effect of debarment.
(a) Debarred contractors are excluded from receiving contracts. and departments shall not
solicit offers from. award contracts to. or consent to subcontracts with these contractors. unless
the City Manazer determines that an emergencv exists iusti6'ing such action. and obtains
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approval from the Mavor and City Commission. which approval shall be J!iven bv 5/7ths vote of
the City Commission at a reJ!ularlv scheduled City Commission meetinJ!. Debarred contractors
are also excluded from conducting business with the City as agents. representatives
subcontractors or partners of other contractors.
(b) Debarred contractors are excluded from actinJ! as individual sureties.
Section 2-401 Continuation of current contracts.
(a) Commencing on the effective date of this ordinance. all proposed City contracts. as well as
Request for Proposals (RFP). Request for Qualifications (RFO). ReQuests for Letters of Interest
(RFLl). or bids issued be the City. shall incorvorate this ordinance and specify that debarment
mav constitute J!rounds for termination of the contract as well as diSQualification from
consideration on anv RFP, RFo. RFLl or bid.
(b) The debarment shall take effect in accordance with the notice provided bv the City ManaJ!er
pursuant to subsection 2-405(h) below. except that if a City department has contracts or
subcontracts in existence at the time the contractor was debarred. the debarment period mav
commence upon the conclusion of the contract. sub;ect to approval of same be 5/7ths vote of the
Mavor and Citv Commission at a reJ!ularlv scheduled meetinJ!.
~ City departments mav not renew or otherwise extend the duration of current contracts. or
consent to subcontracts with debarred contractors. unless the City Manager determines that an
emergencv exists ;ustifyinJ! the renewal or extension or for an approved extension due to delav or
time extension for reasons bevond the contractor's control. and such action is approved bv 5/7ths
vote of the Mavor and Citv Commission at a reJ!ularlv scheduled. meetinJ!.
(d) No further work shall be awarded to a debarred contractor in connection with a continuing
contract. where the work is divided into separate discrete groups and the City's refusal or denial
offurther work under the contract will not result in a breach of such contract.
Section 2-402 Restrictions on subcontractinJ!.
(a) When a debarred contractor is proposed as a subcontractor for anv subcontract sub;ect to
City approval. the department shall not consent to subcontracts with such contractors unless the
Citv ManaJ!er determines that an emerJ!encv exists ;ustifying such consent. and the Mavor and
City Commission approves such decision, bv 5/7ths vote. at a reJ!ularlv scheduled meeting.
(b) The City shall not be responsible for anv increases in pro;ect costs or other expenses incurred
bv a contractor as a result of re;ection of proposed subcontractors pursuant to subsection 2-
402(a) above. provided the subcontractor was debarred prior to bid opening or openinJ! of
proposals, where the contract was awarded be the Citv pursuant to an RFP. RFo. RFLl or bid.
Section 2-403 Debarment.
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(a) The Debarment Committee mav. in the public interest. debar a contractor for anv of the
causes listed in this ordinance. using the procedures outlined below. The existence of a cause for
debarment. however. does not necessarilv require that the contractor be debarred; the
seriousness of the contractor's acts or omissions and anv mitif!ating factors should be
considered in makinf! anv debarment decision.
(b) Debarment constitutes debarment of all officers. directors. shareholders owninf! or
controlling twentv-five (25) percent of the stock. vartners. divisions or other organizational
elements of the debarred contractor. unless the debarred decision is limited bv its terms to
specific divisions, orf!anizational elements or commodities. The Debarment Committee's
decision includes anv existinf! affiliates of the contractor. if thev are (1) specificallv named and
(in given written notice of the vroposed debarment and an opvortunitv to respond. Futwe
affiliates of the COrtlr adO! Uf e subiut to (hI;; Deba"uell( Committee'o5 decio5ioll.
<<J contractor's debarment shall be effective throughout Citv Government.
Section 2-404 Causes for debarment
(a) The Debarment Committee shall debar a contractor for a conviction or civil ;udgment.
(1) For commission of a fraud or a criminal offense in connection with obtaining. attemptinf!
to obtain. performing. or making a claim upon a vublic contract or subcontract. or a contract
or subcontract funded in whole or in vart with vublic funds:
(2) For violation of federal or State antitrust statutes relatinf! to the submission of offers:
(3) For commission of embezzlement. theft. forgery, bribery. falsification or destruction of
records, making false statements. or receivinf! stolen property;
(4) Which makes the Citv the prevailinf! party in a legalvroceedinf!. and a court determines
that the lawsuit between the contractor and the City was frivolous or filed in bad faith.
(b) The Committee mav debar a contractor. (and. limited instances set forth hereinbelow. a
bidder or vrovoser) based U/Don a /J/eV01zdelQllce the greater weight of the evidence. for;
(1) Violation of the terms uf a City contract or subcontract. or a contract or subcontract
funded in whole or in vart bv Citv funds. such as failure to perform in accordance with the
terms of one (1) or more contracts as certified bv the City department administerinf! the
contract; or the failure to perform. or unsatisfactorilv perform in accordance with the terms of
one (1) or more contracts, as certified bv an indevendent ref!istered architect. engineer. or
general contractor.
(2) Violation of a Citv ordinance or administrative order which lists debarment as a votential
venaltv.
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(J) Allv offlel cause ~i'hich affects the I eJvonsibilitv of a Citv COlltl acto! Of Jubcontl actol ill
vel fOJ millg Citv W01 k.
Section 2-405 Debarment procedures.
(a) Requests for the debarment of contractors mav be initiated bv a City Department or bv a citizen-at large
and shall be made in writinf! to the Office of the Otv Manager. Uvon receivt of a request for debarment.
the City Manaf!er shall transmit the request to the Mavor and City Commission at a ref!Ularlv scheduled
meeting. The Mavor and City Commission shall transmit the request to a verson or versons who shall be
charged bv the Otv Commission with the duty of vromvtlv investigatinf! and vreparing a written report(s)
concerninf! the proposed debarment. inc/udinf! the cause and $!rounds for debarment. as set forth in this
ordinance.
(b) Uvon comvletion of the aforestated written revort. the Citv Manaf!er shall forward said report to the
Debarment Committee. The City's Procurement Office shall act as staff to the Debarment Committee and.
with the assistance of the Citv de-paJtmellt person or persons which vrepared the report. present evidence
and arf!Ument to the Debarment Committee
~ Notice of proposal to debar. Within ten working davs of the Debarment Committee havinz received
the request for debarment and written revort. the Citv's Procurement Office. on behalf of the Debarment
Committee shall issue a notice of proposed debarment advisinz the contractor and anv specificallv named
a{filiates. bv certified mail. return receivt requested, or versonal service. containing the following
information:
(1) That debarment is being considered:
(2) The reasons and causes for the proposed debarment in terms su{ficient to put the contractor and anv
named affiliates on notice of the conduct or transaction(s) upon which it is based;
(3) That a hearing shall be conducted before the Debarment Committee on a date and time not less than
thirty (30) davs after service of the notice. The notice shall also advise the contractor that it mav be
represented bv an attornev. mav present documentarv evidence and verbal testimonv. and mav cross-
examine evidence and testimonv vresented against it.
(4) The notice shall also describe the effect of the issuance of the notice of proposed debarment. and of
the votential effect of an actual debarment.
(d) No later than seven (7) working davs. prior to the scheduled hearing date.
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the contractor must furnish the Citv's Procurement Office a list of the defenses the
contractor intends to present at the hearing. If the contractor fails to submit the list.
in writing. at least seven (7) workinz davs vrior to the hearing or fails to seek an
extension of time within which to do so, the contractor shall have waived the ovportunitv
to be heard at the hearing. The Debarment Committee has the right to grant or den v
an extension of time, and for good cause. mav set aside the waiver to be heard at the
hearing, and its decision mav onlv be reviewed upon an abuse of discretion standard.
(e) Hearsav evidence shall be admissible at the hearing but shall not form the
sole basis for initiating a debarment procedure nor the sole basis of anv
determination of debarment. The hearinJ! shall be transcribed. taped or
otherwise recorded bv use of a court reporter, at the election Committee
and at the exvense of the City. Copies of the hearing tave or transcript
shall be furnished at the expense and request of the requesting party.
(j) Debarment Committee's decision. In actions based upon a conviction or
iudgment. or in which there is no genuine dispute over material facts.
the Debarment Committee shall make a decision on the basis of all the
undisputed. material information in the administrative record. including
anv undisputed. material submissions made bv the contractor. Where
actions are based on disputed evidence. the Debarment Committee shall
decide what weight to attach to evidence of record. iudge the credibility
of witnesses. and base its decision on the pI epOlldenQIlCe greater weight
of the evidence standard. The Debarment Committee shall be the sole
trier of fact. The Committee's decision shall be made within ten (10)
working davs after conclusion of the hearing. unless the Debarment
Committee extends this period for good cause.
(J!) The Committee's decision shall be in writing and shall include the
Committee's factual findings. the princival causes of debarment as
enumerated in this ordinance. identification of the contractor and all
named affiliate: affected bv the decision. and the specific tern. including
duration. of the debarment imvosed.
(h) Notice of Debarment Committee's decision.
(1) If the Debarment Committee decides to impose debarment. the City
Manager shall give the contractor and anv named affiliates involved
written notice bv certified mail, return receipt requested. or hand
deliverv, within ten (10) working davs of the decision. specirying the
reasons for debarment and including a copv of the Committee's written
decision: stating the period of debarment, including. effective dates: and
advising that the debarment is effective throughout the City departments.
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(2) If debarment is not imposed. the City Manager shall notify the contractor and anv named
affiliates illtJottJed .bv certified mail. return receipt requested. or personal service. within
ten (10) working davs of the decision.
(1) All decisions of the Debarment Committee shall be final and shall be effective on the date the
notice is signed bv the City Manager. Decisions of the Debarrnent Committee are subject
to review bv the Appellate Division of the Circuit Court. A debarred contractor mav seek
a stav of the debarment decision in accordance with the Florida Rules of Appellate
Procedure.
Section 2-406 Period of debarment.
(a) The period of debarment imposed shall be within the sole discretion of the Debarment
Committee. Debarment shall be for a period commensurate with the seriousness of the
cause (s). and where avvlicable. within the guidelines set forth below. but in no event shall
exceed five (5) vears.
(b) The following guidelines in the period of debarment shall applv except where mitigating or
aggravating circumstances justify deviation:
(1) For commission of an offense as described in subsection 2404(a)(1 ): five (5) vears
(2) For commission of an offense as described in subsection 2404(a)(2): five (5) vears.
(3) For commission of an offense as described in subsection 2404(a)(3): jive (5) years.
(4) For commission of an offense as described in subsection 2404(aH54): two (2) to five (5)
vears.
(5) For commission of an offense as described in subsections 2404(b)(1 ) or (2): two (2) to five (5)
vears.
(Q The Debarment Committee mav. in its sole discretion. reduce the oeriod of debarment. upon the
contractor's written request. for reasons such as:
(1) Newlv discovered material evidence:
(2) Reversal of the conviction or civil judgment uvon which the debarment was based:
(3) Bona fide change in ownership or management:
(4)Elimination of other causes for which the debarment was imvosed: or
(5) Other reasons the Debarment Committee deems avvrovriate.
(d) The debal/llentdebarred contractor's written request shall contain the reasons for
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requestinf! a reduction in the debarment period. The City's Procurement Office. with the
assistance of the affected deoartment shall have thirty (30) davs from receipt of such request
to submit written resoonse thereto. The decij iOIl of the Debal1llent Committee 1 egal dill$! a
I equest made undel this subjectioll is final alld lion-appealable.
SECTION2. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION3. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of
the Code ofthe City of Miami Beach, Florida. The sections of this ordinance may be
renumbered relettered to accomplish such intention, and the word "ordinance" may be
changed to "section", "article," or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect on the 3 rd day of Ma rch , 2000.
PASSED and ADOPTED this 23rd day of February, 2000.
'/JAIk-(F:IA/TOAGURI~ DERAR"'N/~ OIlDI
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CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htt :\\cLmiami-beach.f1.us
COMMISSION MEMORANDUM NO. .!}O8' -00
TO:
Mayor Neisen O. Kasdin and
Members of the City Commission
DATE: May 24, 2000
FROM: Lawrence A. Levy j ()/
City Manager Y(FJ
SUBJECT: A RESOLUTION AUTHORIZING THE ADMINISTRATION TO PROCEED
WITH THE ISSUANCE OF A REQUEST FOR PROPOSALS SEEKING A
PROFESSIONAL SERVICES AGREEMENT TO PROVIDE: (1) PHYSICAL
EXAMINA TIONS ON HIRES, AND PROMOTIONS FOR
CLASSIFICATIONS WHERE PHYSICAL DUTIES VARY GREATLY; (2)
DRUG TESTS ON HIRES TO MAINTAIN A DRUG-FREE WORK
ENVIRONMENT; (3) RETURN TO WORK CLEARANCE EV ALUA TIONS;
(4) REHABILITATION EVALUATIONS; (5) ADMINISTRATION OF AN
EMPLOYEE ASSISTANCE PROGRAM; (6) RETENTION OF ALL
MEDICAL RECORDS; (7) EV ALUA TION OF APPLICANTS AND
EMPLOYEES AS REQUIRED BY THE CITY; (8) ADMINISTRATION OF
VACCINES FOR CITY EMPLOYEES, AS NEEDED; AND (9) TO ACT AS
THE DESIGNATED CITY PHYSICIAN; (10) CONDUCT RANDOM DRUG
AND ALCOHOL TESTING BASED ON THE FLORIDA DEPARTMENT OF
TRANSPORTA TION STANDARDS AND UNION CONTRACTS; AND (11)
TO PROVIDE FOR OTHER MEDICAL SERVICES, AS MAY BE
NECESSARY AND/OR REQUIRED BY THE CITY AND LOCAL, STATE
AND FEDERAL LAWS.
ADMINISTRA TION RECOMMENDATION:
Adopt the Resolution.
ANALYSIS:
On May 7, 1998, RFP No. 42-97/02 was issued. Proposals were requested for a service provider to
supply comprehensive medical evaluations, medical records retention, psychiatric services, an
immunization program, a drug and alcohol testing program, a wellness program, and employee
assistance program, for City of Miami Beach employees or employment applicants.
AGENDA ITEM C 70
DATE
S-'L4--CV
F:\HUMA\$ALL\COMM-MEM\RFPOOMED. WPD
Responses to the RFP were received from Mount Sinai Medical Center and Miami Heart Institute
and Medical Center. On June 19, 1998 the Health Advisory Committee reviewed both proposals and
concluded that both hospitals were fully capable of performing the scope of services needed.
Furthermore, the Health Advisory Committee stated that the proposals were so similar in nature that
the only differentiating factor was cost. Mount Sinai's proposal was $75,000, and Miami Heart's
proposal was $88,000.
On June 23, 1998, the Evaluation Committee also agreed that Miami Heart Institute and Medical
Center would be a suitable back -up provider for the requested services if necessary.
On July 15, 1998, the Mayor and City Commission authorized the Administration to enter into
negotiations with Mount Sinai Medical Center. The Administration successfully negotiated a
Professional Services Agreement with Mount Sinai Medical Center. The Agreement was effective
commencing October 1, 1998 for an annual fee of $75,000, for up to a four year period. (Resolution
No. 98-22824)
On August 31, 1999, the City received notice from Mt. Sinai Medical Center that all services would
be terminated effective September 30, 1999. Miami Heart, which was considered a suitable
provider, was capable of performing the scope of services, and agreed to do so for the same price.
The services provided by this agreement allow the City to protect the psychological and physical
health of all employees and potential employees and to provide for the physical safety and well-
being of citizens, visitors, and employees.
At present, Mt. Sinai is considering the purchase of Miami Heart. Since Mt. Sinai had our contract
originally and did not want the contract anymore, the City's concern is that if the purchase is made,
the City would be without a contract for these services.
CONCLUSION
It is recommended that the Mayor and Commission authorize the Administration to proceed with
the issuance of a Request for Proposals seeking a professional services agreement (1) to provide
physical examinations on hires, and promotions for classifications where physical duties vary
greatly; (2) drug tests on hires to maintain a drug-free work environment; (3) return to work
clearance evaluations; (4) rehabilitation evaluations; (5) administration of an employee assistance
program; (6) retention of all medical records; (7) evaluation of applicants and employees as required
by the city; (8) administration of vaccines for city employees, as needed; (9) act as the designated
city physician; (10) conduct random drug and alcohol testing based on the Florida Department of
Transportation standards and union contracts; and (11) provide for other medical services, as may
be necessary and/or required by the City and local, state and federal laws.
M(' ~
LL:MG:TCA:lg
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