99-23340 RESO
.'
RESOLUTION NO. 99-23340
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE WAIVER, BY
517THS VOTE, OF THE COMPETITIVE BIDDING REQUIREMENT AND
APPROVING AN AGREEMENT WITH MIAMI HEART INSTITUTE AND
MEDICAL CENTER, IN AN AMOUNT NOT TO EXCEED $75,000 PER
YEAR, FOR AN INITIAL TERM COMMENCING ON OCTOBER 7, 1999,
AND ENDING ON OCTOBER 7, 2000, WITH FOUR (4) SEPARATE ONE
YEAR RENEWAL TERMS, AT THE CITY'S DISCRETION, FOR
COMPREHENSIVE MEDICAL EVALUATIONS, MEDICAL RECORDS
RETENTION, AN IMMUNIZATION PROGRAM, CITY PHYSICIAN FOR
SUPPLEMENTAL INJURY PAY, AND EMPLOYEE ASSISTANCE
PROGRAM FOR CITY OF MIAMI BEACH EMPLOYEES OR
EMPLOYMENT APPLICANTS.
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 workers' 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
concluded that Miami Heart Institute and Medical Center would be a suitable back-up provider for
the requested services if 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 I, 1998; 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, 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 continue to have a professional and experienced provider
perform comprehensive medical evaluations; medical records retention; an immunization program;
a City physician for supplemental injury pay; and employee assistance program for the City of Miami
Beach employees and/or employment applicants; 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 services be continued, uninterrupted; and
WHEREAS, Miami Heart Institute and Medical Center has agreed to perform the services
for the same rate as Mt. Sinai Medical Center; and
WHEREAS,the Administration is requesting that the Mayor and City Commission herein
waive the competitive bidding required by 5!7ths vote, finding that such waiver is in the best interest
of the City, and approve agreement for services with the number two ranked hospital, Miami Heart
Institute and Medical Center; and
WHEREAS, funding for the these services has been requested in the Fiscal Year 1999/00
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 City
Commission herein waive, by 5!7ths vote, the competitive bidding requirement, and approve an
agreement with Miami Heart Institute and Medical Center, in an amount not to exceed $75,000 per
year, for an initial term commencing on October 7,1999, and ending on October 7,2000, with four
(4) separate one year renewal terms, at the City's discretion, for comprehensive medical evaluations;
medical records retention; an immunization program; City Physician for supplemental injury pay;
and employee assistance program for City of Miami Beach employees or employment applicants.
PASSED and ADOPTED this 6th
day of October , 1999.
ATTEST:
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CITY CLERK
WI
MAYOR
SR:MG:TCA:LG
F:\HUMA\$ALL\COMM.RESIHOS5799.MEM
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
11~~
CITY OF MIAMI BEACH
CITY HALL, 1700 CONVENTION CENTER DRIVE. MIAMI BEACH. FLORIDA 33139
http:\\ci.miami-beach.fI.us
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COMMISSION MEMORANDUM NO. ., 2. 0 . CL'1
TO:
Mayor Neisen O. Kasdin d
Members ofthe City C mission
DATE: October 6, 1999
SUBJECT: A RESOLU I OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE WAIVER, BY
5!7THS VOTE, OF THE COMPETITIVE BIDDING REQUIREMENT AND
APPROVING AN AGREEMENT WITH MIAMI HEART INSTITUTE AND
MEDICAL CENTER, IN AN AMOUNT NOT TO EXCEED $75,000 PER
YEAR, FOR AN INITIAL TERM COMMENCING ON OCTOBER 7, 1999,
AND ENDING ON OCTOBER 7, 2000, WITH FOUR (4) SEPARATE ONE
YEAR RENEWAL TERMS, AT THE CITY'S DISCRETION, FOR
COMPREHENSIVE MEDICAL EVALUATIONS, MEDICAL RECORDS
RETENTION, AN IMMUNIZATION PROGRAM, CITY PHYSICIAN FOR
SUPPLEMENTAL INJURY PAY, AND EMPLOYEE ASSISTANCE
PROGRAM FOR CITY OF MIAMI BEACH EMPLOYEES OR
EMPLOYMENT APPLICANTS.
FROM: Sergio Rodriguez
City Manager
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
CONTRACT AMOUNT AND FUNDING
Funds are available in the fiscal year 1999/00 budget, miscellaneous expenditures account of the
Risk Management Division (540.1791.000355).
BACKGROUND
On May 7,1998, RFPNo. 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, and evaluation and treatment for workers' compensation claims for City of
Miami Beach employees or employment applicants.
Responses to the RFP were received from Mount Sinai Medical 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.
Futhermore, 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.
AGENDA ITEM
DATE
I~/]~
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.
On August 6, 1999, a conference took place between Mt. Sinai Medical Center and City
Administration. Key hospital personnel had resigned and the hospital was in the process of replacing
staff members as designated by our agreement. The City had numerous meetings with the hospital
to improve the services received. The meetings included correspondence to sum up City needs.
On August 25, 1999, Mt. Sinai Medical Center had an additional conference with City
Administration. The Hospital informed the City that they were considering cancellation of our
professional services agreement because it was determined that the contract was "not profitable."
The City was informed that Mt. Sinai's new Chief Executive Officer was in the process of reviewing
each contract for profitability, and that it was determined that the City's contract was "not profitable"
because its price ($75,000) was so low.
On August 31,1999, the City received notice from Mt. Sinai Medical Center that all services would
be terminated effective September 30, 1999. The Hospital cited the cancellation was due to the
City's failure to provide notice of intent to renew 60 days prior to the expiration of the contract term.
On September 10, 1999 the City sent correspondence to Mt. Sinai Medical Center in response to
their notice which indicated disappointment with the Hospital's actions and reason given for
cancellation.
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.
As the original RFP indicated, Miami Heart Institute and Medical Center is a suitable provider, and
has agreed to provide comparable services at $75,000 plus Workers' Compensation treatment
pursuant to Florida Statutes. Through this agreement Miami Heart Institute and Medical Center will
give the City the total services required. They will conduct physical examinations on all new-hires,
and on promotions for classifications where physical duties vary greatly; drug tests on all new hires
to 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. Miami Heart Institute and Medical Center
will also 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. The recommended
action will allow the City to continue without interruption to its employees or employment
applicants.
Continued...
CONCLUSION
It is recommended that the Mayor and City Commission authorize the waiver, by 517ths vote, of the
competitive bidding requirement and approve an agreement with Miami Heart Institute and Medical .
Center, in an amount not to exceed $75,000 per year, for an initial term commencing on October 7,
1999, and ending on October 7, 2000, with four (4) separate one year renewal terms, at the City's
discretion, for comprehensive medical evaluations, medical records retention, an immunization
program, City Physician for supplemental injury pay, and employee assistance program for City of
Miami Beach employees or employment applicants.
S~L~
F:\HUMAISALLlCOMM-MEMlHOS5798.MEM
Maria, scan this email with the approving resolution.
Subject:
Author:
Date:
Reply Separator
Re[3]: Resoolution 99-23340/dated 10/6/99-Item C-7-G
LindaGonzalez at C-H-PO
9/1/00 10:29 AM
We did try to get it signed. If you need details, please have Bob call
me.
Thank you.
Reply Separator
Re[2]: Resoolution 99-23340/dated 10/6/99-Item C-7-G
Robertparcher at C-H-PO
09/01/2000 10:27 AM
Subject:
Author:
Date:
The contract should have been signed.
please try to get the contract signed.
Linda, for historical purposes
Thanks
Subject:
Author:
Date:
Reply Separator
Re: Resoolution 99-23340/dated 10/6/99-Item C-7-G
MariaMartinez at C-H-PO
8/31/00 10:11 AM
Bob: Please advise
Forward Header
Re: Resolution 99-23340/dated 10/6/99-Item C-7-G
LindaGonzalez at C-H-PO
8/31/00 9:25 AM
Subject:
Author:
Date:
These contacts were never signed. The hospital has verbally agreed to
business with us only until Sept. 30,2000.
Reply Separator
Resolution 99-23340/dated 10/6/99-Item C-7-G
MariaMartinez at C-H-PO
08/31/2000 09:16 AM
Subject:
Author:
Date:
This is a follow up to Mr.Parcher"s memo dated October 7, 1999.
Three agreements with the Miami Heart Institute and Medical Center
were forwarded to you for the appropriate signatures. Please return
these agreements to the City Clerk's Office to the attention of Mercy
williams as possible. We need to complete and process these
documents. A fully executed copy will be forwarded to you for your
files with a copy of the resolution.
We appreciate you help in processing these documents.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
MIAMI HEART INSTITUTE AND MEDICAL CENTER, OF FLORIDA FOR
COMPREHENSIVE MEDICAL EVALUATIONS, MEDICAL RECORDS RETENTION, AN
IMMUNIZATION PROGRAM, CITY PHYSICIAN FOR SUPPLEMENTAL INJURY PAY,
AND EMPLOYEE ASSISTANCE PROGRAM FOR CITY OF MIAMI BEACH
EMPLOYEES OR EMPLOYMENT APPLICANTS.
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THIS AGREEME T made this _ day of , 1999, by and between the CITY
OF MIAMI BEACH, FLORIDA (City), which term shall include its officials, successors, legal
representatives, and assigns, and MIAMI HEART INSTITUTE AND MEDICAL CENTER
(Hospital).
SECTION 1
DEFINITIONS
Agreement:
This written Agreement between the City and the Hospital.
City Manager:
"City Manager" means the Chief Administrative Officer of the City.
Hospital:
For the purposes of this Agreement, Hospital shall be deemed to be an
independent contractor, and not an agent or employee of the City. When the
term "Hospital" is used in this Agreement, it shall be deemed to include any
sub-contractors and any other person or entity acting under the direction or
control of the Hospital.
Fixed Fee:
Fixed amount paid to the Hospital to allow for its costs and margin of profit.
Project
Coordinator:
Proposal
Documents:
Risk Manager:
Services:
Termination:
Task:
An individual designated by the City to coordinate. direct and review on
behalf of the City all technical matters involved in the Scope of Work and
Services.
Proposal Documents shall mean a) Request for Proposals No. 42 - 97/02 for
comprehensive medical evaluations, medical records retention, psychiatric
services, an immunization program, a wellness program. an employee
assistance program, and to provide evaluation and treatment of workers'
compensation claims, for the City of Miami Beach employees and
employment applicants issued by the City, in contemplation of this
Agreement, together with all Amendments thereto (if applicable); and, b) the
Hospital's proposal and response thereto (Proposal); which are incorporated
by reference in this Agreement and made a part hereof.
,
The Risk Manager of the City, with offices at 1700 Convention Center Drive,
Third Floor, Miami Beach, Florida 33139.
All services, work and actions by the Hospital performed pursuant to or
undertaken under this Agreement described in Section 2.
Termination of Hospital's Services as provided in Section 4.8 of this
Agreement.
A discrete portion of the Scope of Services to be accomplished by the
Hospital, as described in S~ction 2, if directed and authorized.
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SECTION 2
SCOPE OF WORK AND SERVICES REOUIRED
The scope of work to be performed by the Hospital is generally set forth in the Proposal Documents
(collectively, the Services), attached hereto as Exhibit A.
SECTION 3
COMPENSATION
3.1
FIXED FEE
Hospital shall be compensated for providing the Services, as set forth in Exhibit A, on a set
fixed fee basis throughout the initial term and any subsequent renewal terms; said fee not to exceed
Seventy-Five Thousand Dollars ($75,000) per year, plus Workers' Compensation medical treatment
pursuant to Florida Statute.
3.2
METHOD OF PAYMENT
.
Payment shall be made to the Hospital on a monthly basis, pursuant to invoices submitted
by the Hospital which detail completion of the Services, and shall contain a statement that the terms
set forth therein are true and correct and in accordance with the Agreement. Payment of such
invoices shall be made within thirty (30) days of receipt by City.
[The remainder of this page is intentionally blank]
-3-
4.1
SECTION 4
GENERAL PROVISIONS
RESPONSIBILITY OF THE HOSPITAL
With respect to the performance of the Services, the Hospital shall exercise that degree of
skill, care, efficiency and diligence normally exercised by recognized professionals with respect to
the performance of comparable Services. In its performance of the Services, the Hospital shall
comply with all applicable laws and ordinances, including but not limited to applicable regulations
of the City, County, State, Federal Government, ADA, and EEO Regulations and Guidelines.
4.2
PUBLIC ENTITY CRIMES
State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida
Statute on Public Entity Crimes shall be filed by the Hospital.
4.3
PROJECT MANAGEMENT
The Hospital shall appoint a qualified individual acceptable to the City to serve as Project
Manager to oversee the Services and who shall be fully responsible for the day-to-day activities
under this Agreement and shall serve as the primary contact for the City's Project Coordinator.
4.4
TERM OF AGREEMENT
The term of this Agreement shall be for an initial (1) year term from the date of execution,
for four (4) years by all parties hereto. At its sole discretion, the City shall have an option to cancel
this Agreement. The City shall notify the Hospital of its intent to renew this Agreement by providing
written notice of same sixty (60) days prior to the expiration of the initial term, or any proceeding
renewal term, as the case may be.
-4-
4.5
OWNERSHIP OF DOCUMENTS AND EQUIPMENT
All documents prepared by the Hospital pursuant to this Agreement are related exclusively
to the Services, and are intended or represented for ownership by the City. Retention ofrecords
pursuant to this Agreement shall be governed in the manner set forth in Exhibit A hereto.
4.6
INDEMNIFICA nON
Hospital agrees 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, errors, omissions or other wrongful conduct of the Hospital, its employees, agents,
sub-consultants, or any other person or entity acting under the Hospital's control, in connection with
the Hospital's performance of the Services pursuant to this Agreement; and, to that extent, the
Hospital shall pay all such claims and losses and shall pay all such costs and judgments which may
issue from any lawsuit aNsing from such claims and losses, and shall pay all costs and attorney's fees
expended by the City in the defense of such claims and losses, including appeals. The parties agree
that one percent (I %) of the total compensation to the Hospital for performance of this Agreement
is the specific consideration from the City to the Hospital for the Hospital's Indemnity Agreement.
The Hospital's obligation under this Section shall not include the obligation to indemnify the
City of Miami Beach and its officers, employees and agents, from and against any actions or claims
which arise or are alleged to have arisen from negligent acts or omissions or other wrongful conduct
of the City and its officers, employees and agents. The parties each agree to give the other party
prompt notice of any claim coming to its knowledge that in any way directly or indirectly affects the
other party.
-5-
4.7
INSURANCE REOUlREMENTS
The Hospital shall not commence any work pursuant to this Agreement until all insurance
required under this Section has been obtained and certified copies of such insurance have been filed
with and approved by the City's Risk Manager. The Hospital shall maintain and carry in full force
and effect during the term of this Agreement the following insurance:
I. A policy of professional liability covering the services and activities required in this
Agreement with minimum limits of$2,000,000.
2. Workers Compensation & Employers Liability as required pursuant to Florida Statute.
Thirty (30) days' written notice of cancellation or substantial modification in any required insurance
coverage must be given to the City's Risk Manager by the Hospital and its insurance company.
Original certificates of insurance for the above coverage must be submitted to the City's Risk
Manager for approval prior to any work commencing. These certificates will be kept on file in the
Office of the City's Risk Manager. The Hospital is responsible for obtaining and submitting all
insurance certificates fOf its sub-contractors. 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 by 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 Hospital of the liabilities
and obligations under this Section or under any other portion of this Agreement, and the City shall
have the right to obtain from the Hospital specimen copies of the insurance policies in the event that
submitted certificates of insurance are inadequate 'to ascertain compliance with required coverage.
-6-
4.8 TERMINATION. SUSPENSION AND SANCTIONS
4.8.1 Termination for Cause by the City
If, through any cause within the reasonable control of the Hospital. the Hospital shall fail to
fulfill in a timely manner, or otherwise violates any of the covenants, agreements, or stipulations
material to this Agreement, the City shall thereupon have the right to terminate the Services then
remaining to be performed. Prior to exercising its option to terminate for cause, the City shall notifY
the Hospital of its violation of the particular terms of this Agreement and shall grant the Hospital
thirty (30) days to cure such default. If such default remains uncured after thirty (30) days, the City
may terminate this Agreement by giving written notice to the Hospital of such termination, which
shall become effective upon receipt by Hospital of the written termination notice.
In that event, all open medical and other records related to this Agreement will be delivered
to the new service provider, as directed by the City, within thirty (30) days of the termination notice
of the Hospital's Agreement.
Notwithstanding. the above, the Hospital 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 Hospital, and the City
may reasonably withhold payments to the Hospital for the purposes of set-off until such time as the
exact amount of damages due the City from the Hospital is determined.
4.8.2 Termination for Cause by the Hospital
If, through any cause within the reasonable control of the City, the City shall fail to fulfill in
a timely manner, or otherwise violates any of the covenants, agreements, or stipulations material to
this Agreement, the Hospital shall thereupon have the right to terminate the Services then remaining
to be performed. Prior to exercising its option to terminate for cause, the Hospital shall notify the
City of its violation of the particular terms of this Agreement and shall grant the City thirty (30) days
-7-
to cure such default. If such default remains uncured after thirty (30) days, the Hospital may
terminate this.Agreement by giving written notice to the City of such termination, which shall
become effective upon receipt by City of the written termination notice.
4.8.3 Termination for Convenience of City
The City may, without cause and for its convenience, terminate the Services then remaining
to be performed at any time by giving written notice to Hospital of such termination, which shall
become effective upon receipt by the Hospital of the wTitten termination notice. In that event. all
open medical and other records related to this Agreement will be delivered to the new service
provider within thirty (30) days of said termination notice.
4.8.4 Termination for Insolvency by the City
The City also reserves the right to terminate the remaining Services to be performed in the
event the Hospital is placed either in voluntary or involuntary bankruptcy or makes an assignment
for the benefit of creditors. In such event, the right and obligations of the parties shall be the same
as provided for in Section 4.8.3.
4.8.5 Sanctions for Noncompliance with Nondiscrimination Provisions
In the event of the Hospital's noncompliance with the nondiscrimination provisions of this
Agreement, the City shall impose such sanctions as the City or the State of Florida may determine
to be appropriate including, but not limited to, withholding of payments to the Hospital under the
Agreement until the Hospital complies and/or cancellation, termination or suspension of the
Services. 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 in Section 4.8.2.
-8-
4.9
ASSIGNMENT. TRANSFER OR SUBCONTRACTING
The Hospital shall not subcontract, assign, or transfer any work under this Agreement without
the prior written consent of the City. When applicable, and upon receipt of such consent in writing,
the Hospital shall cause the names of the consulting firms responsible for the major portion of each
separate specialty of the Services to be inserted into the pertinent documents or data. The Hospital
shall include in such sub-contracts the appropriate versions of the Sections of this Agreement as are
necessary to carry out the intent of this Agreement, as instructed by the City.
4.10
SUB-CONTRACTORS
The Hospital shall be liable for all sub-contractors' services, responsibilities and liabilities
under this Agreement and the services, responsibilities and liabilities of sub-contractors, and any
other person or entity acting under the direction or control of the Hospital. When the term "Hospital"
is used in this Agreement, it shall be deemed to include any sub-contractors and any other person or
entity acting under the direction or control of Hospital.
4.11 EOUAL EMPLOYMENT OPPORTUNITY/ADANON-DISCRIMINA TIONPOLICY
In connection with the performance of this Agreement, the Hospital shall not discriminate
against any employee or applicant for employment because of race, color, religion, ancestry, sex, age,
national origin, place of birth, marital status, citizenship or intending citizenship status. or sexual
orientation. The Hospital shall take affirmative action to ensure that employees are treated during
their employment without regard to their race, color, religion, ancestry, sex, age, national origin,
place of birth, marital status, disability, or sexual 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.
-9-
The Hospital agrees to adhere to and be governed by 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 547 U.S.C. Sections 225 and 611 including Title I,
Employment; Title II, Public Services; Title III, 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.
The Hospital must complete and submit the City's Disability Non-Discrimination Affidavit
(Affidavit). In the event Hospital fails to execute the City's Affidavit, or 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 payments to Hospital under
the Agreement until compliance and/or cancellation, termination or suspension of the Agreement.
In the event, the City cancels or terminates the Agreement pursuant to this Section, Hospital shall
not be relieved of liability to the City for damages sustained by the City by virtue of Hospital's
breach of the Agreement
[The remainder of this page is left intentionally blank]
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4.12
CONFLICT OF INTEREST
The Hospital agrees to adhere to and be governed by the Metro Dade County Conflict of
Interest Ordinance (No. 72-82), as amended; and by such similar provisions addressing conflict of
interest, as set forth in the City of Miami Beach Charter and Code, which are incorporated by
reference herein as if fully set forth herein, in connection with the contract conditions hereunder.
The Hospital covenants that it presently has no interest and shall not acquire any interest,
direct or indirectly, which should conflict in any manner or degree with the performance of the
Services. The Hospital further covenants that in the performance of this Agreement, no person
having any such interest shall knowingly be employed by the Hospital. No member of or delegate
to the Congress of the United States shall be admitted to any share or part of this Agreement or to
any benefits arising therefrom.
4.13
PATENT RIGHTS: COPYRIGHTS: CONFIDENTIAL FINDINGS
Any patentable result arising out of this Agreement, as well as all information, processes,
data and findings, shall ee made available to the City.
No reports, other documents, articles or devices produced in whole or in part under this
Agreement shall be the subject of any application for copyright or patent by or on behalf of the
Hospital or its employees or subcontractors.
4.14
NOTICES
All communications relating to the day-to-day activities shall be exchanged between the
Project Manager appointed by the Hospital and the Project Coordinator designated by the City. The
Hospital's Project Manager and the City's Project Coordinator shall be designated promptly upon
commencement of the Services.
-11-
All other notices and communications in writing required or permitted hereunder may be
delivered personally to the representatives of the Hospital and the City listed below or may be mailed
by registered mail, postage prepaid (or airmailed if addressed to an address outside of the city of
dispatch).
Until changed by notice in writing, all such notices and communications shall be addressed
as follows:
TO HOSPITAL:
MIAMI HEART INSTITUTE AND MEDICAL CENTER
Attn: Ralph Aleman, Chief Executive Officer
4701 Meridian Avenue
Miami Beach. FL 33140
(305) 672- I I I I
TO CITY:
Human Resources Department
Attn: T. C. Adderly, Human Resources Director
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7010
.
WITH COPIES TO:
Office of the City Attorney
Attn: Murray H. Dubbin, City Attorney
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
(305) 673-7470
-12-
Notices hereunder shall be effective if delivered personally, delivery; if mailed to an address in the
city of dispatch, on the day following the date mailed; and if mailed to an address outside the city
of dispatch on the seventh day following the date mailed.
4.15
ENTIRETY OF AGREEMENT
This writing and the Scope of Services set forth in Exhibit A embody the entire Agreement
and understanding between the parties hereto, and there are no other agreements and understandings,
oral or written with reference to the subject matter hereof that are not merged herein and superseded
hereby. The Proposal Documents are hereby incorporated by reference into this Agreement to the
extent that the terms and conditions contained therein are consistent with the Agreement. To the
extent that any term in the Proposal Documents is inconsistent with this Agreement, this Agreement
shall prevail.
No alteration, change, or modification of the terms of this Agreement shall be valid unless
amended in writing, signed by both parties hereto, and approved by the Mayor and City Commission
of the City of Miami Beach.
4.16
LIMITATION OF CITY'S LIABILITY
The City desires to enter into this Agreement only if in so doing the City can place a limit
on the City's liability for any cause of action for money damages due to an alleged breach by the City
ofthis Agreement, so that its liability for any such breach never exceeds the sum of $1 0,000.00. The
Hospital hereby expresses its willingness to enter into this Agreement with the Hospital's recovery
from the City for any damage action for breach of contract to be limited to a maximum amount of
$10,000.00.
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Accordingly, and notwithstanding any other term or condition of this Agreement. the
Hospital hereby agrees that the City shall not be liable to the Hospital for damages in an amount in
excess of $1 0,000.00, for any action or claim for breach of contract arising out of the performance
or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained
in this paragraph or elsewhere in this Agreement is in any way intended to be a \vaiver of the
limitation placed upon City's liability as set forth in Section 768.28, Florida Statutes.
4.17
VENUE
This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary
by either party "ith respect to the enforcement of any or all of the terms or conditions herein,
.
exclusive venue for the enforcement of same shall lie in Dade County, Florida.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by their appropriate officials, as of the date first entered above.
FOR CITY:
CITY OF MIAMI BEACH, FLORIDA
,
,
ATTEST:
By:
By:
City Clerk
Mayor
FOR HOSPITAL:
ATTEST:
MIAMI HEART INSTITUTE A.~D MEDICAL CENTER
Secretary
By:
Chief Executive Officer
By:
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APPROVED PS TO
FORM & LANGUAGE
& FOR EXECUTIOl-J
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EXHIBIT A
SCOPE OF SERVICES
SECTION I - OVERVIEW AND PROPOSAL PROCEDURES
INTRODUCTIONIBACKGROUND: The City of Miami Beach, Florida (hereinafter referred to
as "the City") has a need to contract a service provider (hereinafter referred to as "the Hospital"), to
supply comprehensive medical evaluations, retention of medical records, psychiatric services, an
immunization program, a drug and alcohol testing program, a wellness program, and an employee
assistance program, and to provide evaluation and treatment of workers' compensation claims for
approximately 1642 City employees and at least 500 employment applicants.
The Hospital will provide free self parking for City employees. If self parking is unavailable, then
free valet parking will be provided.
SECTION II - SCOPE OF SERVICES
A. COMPREHENSIVE MEDICAL EVALUATIONS AND DRUG TESTING FOR PRE-
EMPLOYMENT AND PROMOTIONS
In accordance with established medical practice, the service provider, based on the physical
requirements of the job descriptions 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, return-to-work
clearance, rehabilitation consideration, and other special services as required by the City
and/or local, state, and federal laws and regulations.
The Hospital will:
1. Conduct and review laboratory results, x-rays, and other medical reports.
2. Evaluate reports and makes appropriate recommendations as needed.
3. Review special medical problems such as return from sick leave, on-duty injuries,
disability, etc.
4. Provide reports and medical opinions when applicable.
5. Counsel personnel and job applicants about medical conditions and findings. and refer
to appropriate follow-up care, when indicated.
6. Provide the City with a quarterly utilization summary report.
7. Receive, scheduled appointments from the City via the City's electronic mail, all pre-
employment and promotional medical examinations.
8. Keep City employee Occupational Health Center for the shortest period of time possible
with no more than a five-minute wait per individual.
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9. Report the results of the applicant's physical exams via electronic mail to the Human
Resources Department within 48 hours from the time the applicant is first seen.
10. 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.
1 I .Make pre-employment medical examinations and drug testing available a minimum of
(5) five days per week, from 7:30 am to 5:00 pm, Monday through Friday. When
requested, for special hiring needs, the Hospital will accommodate more than the
maximum of 19 applicants/day. The Hospital will also accommodate, when requested,
examinations between 5:00 and 6:00 pm Monday through Friday and between 8:00
am 6:00 pm on Saturdays in the emergency room.
12. Arrange for the City to have special scheduling same or next day appointments for pre-
employment examinations.
B. INITIAL CARE FACILITY - WORKERS' COMPENSATION CLAIMS
The City is self-insured for workers' compensation and all adjusting and medical
management is provided by a contracted claims administrator/adjuster. The service provider
will serve as the Initial Care Facility as defined by Workers' Compensation Managed Care.
Authorization for initial, follow up, and referral treatment will be obtained through the City's
contracted Claims Administrator. The appropriate Workers' Compensation form (DWC-8)
will be processed for all treatment.
All evaluations of treatment provided will be included in the employee's medical file and a
,
City-provided Injury Status Report form will be completed and sent to the City with a copy
to the employee. The Status Report will document the employee's condition and their work
status.
The Hospital will, at the request of the City, provide evaluations of an injured employee's
ability to perform physical job functions.
The Hospital will communicate as requested by the Risk Manager with the City's claims
administrator/adjusters regarding the status of all workers' compensation injuries.
The Hospital will meet with the City's Risk Manager as requested to discuss the status of any
employee's claim or medical issues affecting the City's workers' compensation program.
The Hospital will submit a monthly report, or as requested to the City's Risk Manager
on the number of employees treated indicating the name, date, diagnosis, and status of
each visit.
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C. MEDICAL RECORDS
Maintenance of health files for all City employees. Establishment and maintenance of
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 Hospital will provide medical records within 24 hours of request.
Files will be made available 24 hours/day, 7 days/week. Medical records may only be
released to the Human Resources Director, Claims Coordinator or their designees. The
Hospital, will obtain all records from the current provider and will maintain such records.
The Hospital is in the process of developing a paperless medical record. The Hospital will
provide this service to the City when it is available for general Hospital use.
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
The Hospital 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.
The Hospital may be requested to attend staff conferences and conduct on-site training and
observation of newly hired Police Officers and Firefighters and conduct ongoing meetings
with all Police Officers, other employees referred by the City, their supervisors, and top
echelon officers.
The Hospital may be requested to review and research psychological factors relating to
personnel, especially public safety.
The Hospital may be requested to conduct stress-reduction meetings with spouses of Police
Officer personnel and other employees referred by the City.
The Hospital may be requested to conduct psychiatric consultations with general City
employees, as requested by the City.
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.
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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 one hour 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
The Hospital will conduct a Drug and Alcohol Test Program as required by local, state and
federal law and regulations. This includes a certified substance abuse professional.
.
The Hospital will 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.
The Hospital will conduct random Drug & Alcohol testing on Police Officer personnel.
Service provider shall test yearly, approximately 400 Police Officer personnel,
approximately 300 American Federation of State, County and Municipal Employees
(AFSCME) personnel, approximately 175 Firefighter personnel, approximately 30
Government Supervisors Association employees and conduct other random drug and/or
alcohol testing as may be specified by the City.
The Hospital will 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. Note, the random rate for
testing is subject to change based on the DOT standards and union contracts.
The Hospital will conduct testing on employees who are involved in an accident even if
the employee was not cited for a traffic violation.
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The Hospital will conduct testing on employees when the City observes behavior or
appearance that is characteristic of drug use or abuse or alcohol use or misuse.
The Hospital will conduct return-to-duty and follow-up testing for employees who violate
the prohibited alcohol or drug conduct standards. At least six (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 return-to-duty.
The Hospital will 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), 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.
The Hospital will conduct annual training for designated City employees on the Drug Free
Workplace Act.
G. WELLNESS PROGRAM
Provide annual health screening and health education at a minimum of two (2) job site
areas within the City. Topics to be mutually agreed upon by the City and Hospital.
Provide information on drug use and treatment resources to safety sensitive drivers.
The Hospital will provide on-site testing and/or training as requested by the City, including
the utilization of the Hospital's mobile van.
H. EMPLOYEE ASSISTANCE PROGRAM (EAP) - Vendor to be agreed upon by City
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 a minimum 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
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be available to respond to emergencies twenty four (24) hours per day, seven (7) days per
week. .
The personnel assigned to provide these services IDJ.W: 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 Hospital will provide informational posters
and flyers to all departments and brochures for all employees.
I. DISABILITY DETERMINATION AND FITNESS FOR DUTY 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, and/or
any reports to be completed as requested by the City for fitness for duty. Evaluations are
to be completed within seven (7) working days of the request, and shall be thorough and
complete.
Assist the City in the evaluation and verification of family leave requests.
J. 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, workers' compensation, disability
determinations and fitness for duty evaluations, 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 85 % compliance in any of the Scopeof
Services over a 30 day period, the City, may utilize a 15 day notice to correct such
default.
K. COMMUNICATION
With the assistance of the City's Information Technology Department, Mount Sinai 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.
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The Hospital 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. Workers' Compensation results will be reported to the
Risk Manager, or his designees.
L. STAFFING
The Hospital will staff the Occupational Health Center with a minimum oftwo (2) Doctors,
and sufficient staffing to supply all services stated in this agreement. The Hospital will
increase staffing if they are unable to fully comply with what has been stated in the Scope
of Services.
SECTION VI - SPECIAL TERMS AND CONDITIONS - AMERICANS WITH
DISABILITIES ACT
The Hospital will take all reasonable steps to insure that the landlord of his current business location
expeditiously takes all steps necessary to comply with the regulations as stated in RFP No. 42-
97/02, especially under Section VI - Special Terms and Conditions, Americans With Disabilities
Act and the Disability Nondiscrimination Affidavit and under Section 4.11 of the Agreement and
to make the building, offices, and facilities used by the Hospital adequately accessible and
convenient to individuals with disabilities, including, but not limited to, putting up signage to better
identify wheelchair entr~ce. If the Hospital changes the location of the business while still under
this Agreement, the Hospital will ensure that the new place of business is fully ADA compliant and
accessible.
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