Loading...
HomeMy WebLinkAboutR-96-0089J-96-140 2/9/96 RESOLUTION NO. -J 6 - 89 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, WITH INDIVIDUALS TO PROVIDE LATENT PRINT EXAMINER SERVICES FOR THE POLICE DEPARTMENT; ALLOCATING FUNDS THEREFOR, IN AN AMOUNT NOT TO EXCEED $39,000, FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET, INDEX CODE NO. 290201-270. WHEREAS, the Police Department utilizes latent print examiners to identify criminals through fingerprints left on a crime scene; and WHEREAS, the Latent Print Detail's ("Detail") staffing has decreased by four (4) due to resignations, promotions and retirements; and WHEREAS, the Detail is currently staffed by two (2) Certified Latent Print Examiners and one (1) Identification Technician I, and said insufficient level of staffing has severely affected their ability to solve crimes utilizing fingerprints retrieved from crime scenes; and WHEREAS, the Police Department has experienced a difficult time attracting qualified applicants to fill the vacant positions; and ATTACHMENT (S)I CONTAINED CITY COMMISSION MEETING OF FEB 2 9 1996 Resolution No. WHEREAS, said positions are temporary in nature, which will allow the Police Department time to employ permanent Latent Print Examiners; and WHEREAS, funds are available from the Police Department General Operating Budget, Index Code No. 290201-270, in an amount not to exceed $39,000, for said services; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorizedl/ to execute agreements, in substantially the attached form, with individuals to provide Latent Print Examiner services for the Police Department, with funds therefor, in an amount not to exceed $39,000, hereby allocated from the Police Department General Operating Budget, Index Code No. 290201-270. Section 3. This Resolution shall become effective immediately upon its adoption. The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 2 - 96- 89 PASSED AND ADOPTED this 29th day of February , 1996. ST HEN P. CLA K, MAYOR ATTEST: WALTER &:'FOEMAN CITY CLERK FINANCIAL AND BUDGETARY REVIEW: MANOHAR S.SURANA ASSISTANT CITY MANA E PREPARED AND APPROVED BY: bLGIA • Ar. ASSYSTANT�.. EY APPROVED AS TO FORM AND CORRECTNESS: QUINN DONE , II C TY ATTORNE W607:BSS - 3 - 96- 89 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this 1 1996, by and between the CITY municipal corporation of the State of Florida, referred to as "THE CITY", and Ivan M. A_lme_ida referred to as the "PROVIDER"; M RECITAL day of OF MIAMI, a hereinafter hereinafter WHEREAS, the CITY and the PROVIDER enter into this Professional Services AGREEMENT with the knowledge and spirit of full cooperation of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: AnYini C 1 SCOPE OF SERVICES The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "DEPARTMENT." 1) The PROVIDER shall successfully complete a Familiarization Program designed by the supervisor of the Latent Print Detail, not to exceed forty (40) hours. 2) The PROVIDER shall examine and evaluate latent fingerprints recovered from crime scenes by personnel of the Crime Scene Investigation Unit. Those latent fingerprints that are found to be of value by the PROVIDER and with the concurrence of the Supervisor of the Latent Print Detail will be searched. :HEN RETURNING FOR FURTH� ft REVIEW, PLEASE IDENTIFY AS 89 3) The PROVIDER shall search all latent fingerprints evaluated to be of value. A PROVIDER in this classification must be familiar with standard search methods, such as Area Search, Master File Search and Automated Fingerprint Identification System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.: minutiae input, pattern evaluation and finger priority. 4) All latent identifications made by the PROVIDER will be verified and transferred to a full time civil service employee. The PROVIDER may, at the discretion of the Latent Print Supervisor, co-sign the identification. All Court appearances related to the identification will be the responsibility of the full time civil service employee. 5) The PROVIDER shall receive and accept supervision and assignments from a superior in charge of the Detail both orally and in writing, and work is reviewed by observation, monitoring of the PROVIDER'S operations, and the review of reports and identifications. 6) The PROVIDER shall provide the DEPARTMENT with completed invoices reflecting the hours worked and signed by the Provider and Criminal Investigations Section Deputy Commander (invoice forms will be provided). 7) Perform other related work as required. ARTICLE it COMPENSATION CITY shall pay the PROVIDER compensation based on a rate of $25.00 per hour. The maximum compensation to be paid to the PROVIDER under this agreement shall be based on the hours of service as required by the CITY; provided, however, that the total amount of compensation paid to ail providers of Latent Print Examiner services engaged by the CITY pursuant to Resolution No. shall not exceed $39,000 (thirty-nine thousand dollars). Payment shall be made within thirty (30) days after receipt of an invoice for the number of hours worked (sign- -2- 96- 89 ed by the CITY'S Criminal Investigations Section Deputy Commander). The city shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any such billings. ARTICLE Ill A. TERMS Thetermof the agreement is one year commencing upon execution by the City Manager. B. RENEWAL Upon mutual agreement to the parties, this AGREEMENT may be renewed for one (1) additional year. Prior to renewal, the terms and conditions relating to compensation and professional services may be renegotiated. ARTICLE IV TERMINATION rTHE CITY retains the right, upon 12 days written notice, to terminate this AGREEMENT at any time prior to the completion of the services required pursuant to the AGREEMENT without penalty to CITY. In that event, notice of termination of the AGREEMENT shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. in no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this AGREEMENT. It is hereby underztcod by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of the AGREEMENT. If PROVIDER is in default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. -3- 9G- 89 Should PROVIDER not be able to provide the services in Article I, PROVIDER shall give THE CITY twelve (12) days written notification of cancellation and will be liable for cost incurred by THE CITY for the printing of material, etc. ARTICLE ^V INDEPENDENT_ CONTRACTOR The PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Worker's Compensation benefits as employees of THE CITY. ARTICLE VI COMPLIANCE WITH FEDERAL, STATE` AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi- nances and codes of Federa!, q*ate and Local Gcvernments. PROVIDER agrees that it shall not discriminate as to race, sex, age, color, religion, national origin, handicap or marital status in connection with its performance under the AGREEMENT. PROVIDER shall abide by Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami and the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. we 96- 89 ARTICLE VII MONITORING The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the services which are the subject of the AGREEMENT. ARTICLE Vill OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under the AGREEMENT shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to the AGREEMENT and shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PRO— VIDER shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, I a t e n t lifts cards, standard fingerprint cards, A.F.I.S.., printouts, fingerprint charts, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursuant to the AGREEMENT shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. ARTICLE IX -- INSURANCE The PROVIDER must hold a current certification as a Latent Print Examiner or is currently employed as a latent fingerprint examiner with another agency in Dade, Broward or Monroe County. —5— ARTICLE X AWARD OF AGREEMENT PROVIDER warrants that he have not employed or retained any person employed by the CITY to solicit or secure the AGREEMENT and that they have not offered to pay, paid or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from award of this Agreement. n•3iIrma t-iV1 CONTINGENCY CLAUSE Funding for the AGREEMENT is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds and/or change in regulations ARTICLE XII DEFAULT PROVISION In the event that PROVIDER fails to comply with each and every term and condition of the AGREEMENT or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and � terminate the AGREEMENT and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in --..-default of the provisions herein contained, shall be forthwith returned to the CITY. 96- 89 ARTICLE -Xlll ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only AGREEMENT of the parties hereto relating to said grant and correctly set forth the rights, duties and obligations of each to the other as of its date. Any prior AGREEMENTS, promises, negotiations or representation not expressly set forth in this AGREEMENT are of no force or effect. ARTICLE XIV NONDELEGABILITY - The obligations undertaken by PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. ARTICLE_XV AUDIT RIGHTS CITY reserves the right to audit the records of PROVIDER related to this Agreement at any time during its performance and for a period of three years after final payment is made under this Agreement. ARTICLE XVI CONSTRUCTION ^OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall lie in Dade County, Florida. -7- 96- 89 ARTICLE XVII SUCCESSORS AND ASSIGN This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XVill CONFLICT OF INTEREST A. PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of PROVIDER or its employees, must be disclosed in writing to CITY. B. PROVIDER. is aware of the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2- 11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. ARTICLE XIX CONFIDENTIALITY PROVIDER shall not divulge any information obtained during the term of this Agreement relating to any criminal internal investigations unless otherwise directed by the Unit Supervisor, Section Commander, Division Commander, or Chief of Police. —8— 96- 89 ARTICLE XX AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XXI NOTICES GENERAL CONDITIONS A. General conditions or other communications which shall or may be given pursuant to the AGREEMENT shall be in writing and shall be delivered by personal service or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever Is earlier. CITY OF MIAMI Ivan M. Almeida 3503_Pan American Drive certified Latent Fingerprint Miami, Florida 33133 Examiner 11498 S.W. 109 Rd., Apt. "Z" Pi-aami, FL 33179-311 COPY TO: Chief of Police 400 N.W. 2nd Avenue Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT. C. In the event of conflict between the terms of this AGREEMENT and any terms or conditions contained in any attached documents, the terms in the AGREEMENT shall rule. Im 96- 89 D. Should any provisions, paragraphs, sentences, words or phrases contained in the AGREEMENT be determined by a court of competent jurisdiction to be Invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws or if not modifiable to conform with such laws, then same shall be deemed severable and in either event, the remaining terms and provisions of the AGREEMENT shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the persons thereto legally authorized, this the day and year first above written. ARTICLE XXII INDEMNIFICATION The PROVIDER shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the PROVIDER'S activities under this Agreement, including all acts or omissions to act of the PROVIDER, including any person acting for or on its behalf, and, from and against _any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. —10- 96- 89 ARTICLE XXIII INSURANCE It is requested that the PROVIDER be exempt from the regularly required insurance. The Criminal Investigations Section of the Miami Police DEPARTMENT will accept responsibility for monitoring all activities as they relate to the services rendered by the PROVIDER. ATTEST: W I TN EER ____--- ATTEST: G I TY-C ERK - --- APPROVED: �HIEF—UF—P�LI�E ------ APPROVED AS TO FORM AND CORRECTNESS: C I TY ATT5 REY ----- VP CERTIFIED LATENT FINGERPRINT EXAMINER BY: OV I DER CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: _ �C ii TY MANAG'ER APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMERT--5F RISK—MARAGEMERT -11- 96- 89 ARTICLE XXIII INSURANCE it^is requested that the PROVIDER be exempt from the regularly required insurance. The Criminal Investigations Section of the Miami Police DEPARTMENT will accept responsibility for monitoring all activities as they relate to the services rendered by the PROVIDER. ATTEST: W I TN EEE-MM~_M_ WI TNOM ATTEST: CITY CLERK APPROVED: CHTEF OF- OLTCE `-_N -- APPROVED AS TO FORM AND CORRECTNESS CITY ATTORNEY _ IM CERTIFIED LATENT FINGERPRINT EXAMINER BY: CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY CITY MANAGER APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT OF^RICK MANAGEMENT 96- 89 —11— CITY COMMISSION AGENDA INFORMATIONAL SHEET DATE: REG P&Z ITEM # DESCRIPTION ACTION/REMARKS GF 96- 89 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 1996, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "THE CITY", and William H. McOuay hereinafter referred to as the "PROVIDER"; RECITAL WHEREAS, the CITY and the PROVIDER enter into this Professional Services AGREEMENT with the knowledge and spirit of full cooperation of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: ARTICLE I SCOPE OF SERVICES The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "DEPARTMENT." 1) The PROVIDER shall successfully complete a Familiarization Program designed by the supervisor of the Latent Print Detail, not to exceed forty (40) hours. 2) The PROVIDER shall examine and evaluate latent fingerprints recovered from crime scenes by personnel of the Crime Scene Investigation Unit. Those latent fingerprints that are found to be of value by the PROVIDER and with the concurrence of the Supervisor of the Latent Print Detail will be searched. MEN RETURmNG FOR FURTH,,� REVIEW, PLEASE IDENTIFY AS #ilk Q o'0 5 l 96- 89 3) The PROVIDER shall search all latent fingerprints evaluated to be of value. A PROVIDER in this classification must be familiar with standard search methods, such as Area Search, Master File Search and Automated Fingerprint Identification System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.: minutiae input, pattern evaluation and finger priority. 4) All latent identifications made by the PROVIDER will be verified and transferred to a full time civil service employee. The PROVIDER may, at the discretion of the Latent Print Supervisor, co—sign the identification. All Court appearances related to the identification will be the responsibility of the full time civil service employee. 5) The PROVIDER shall receive and accept supervision and assignments from a superior in charge of the Detail both orally and in writing, and work is reviewed by observation, monitoring of the PROVIDER'S operations, and the review of reports and identifications. 6) The PROVIDER shall provide the DEPARTMENT with completed invoices reflecting the hours worked and signed by the Provider and Criminal Investigations Section Deputy Commander (invoice forms will be provided). 7) Perform other related work as required. ARTICLE II COMPENSATION CITY shall pay the PROVIDER compensation based on a rate of $25.00 per hour. The maximum compensation to be paid to the PROVIDER under this agreement shall be based on the hours of service As required by the CITY; provided, however, that the total amount of compensation paid to a I I providers of Latent Print Examiner services engaged by the CITY pursuant to Resolution No. shall not exceed $39,000 (thirty—nine thousand dollars). Payment shall be made within thirty (30) days after receipt of an invoice for the number of hours worked (sign- -2- 96- 89 ed by the CITY'S Criminal Investigations Section Deputy Commander). The city shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any such billings. ARTICLE III A. TERMS The term of the agreement is one year commencing upon execution by the City Manager. B. RENEWAL Upon mutual agreement to the parties, this AGREEMENT may be renewed for one (1) additional year. Prior to renewal, the terms and conditions relating to compensation and professional services may be renegotiated. ADIr I r%1 9: 1 it TERMINATION THE CITY retains the right, upon 12 days written notice, to terminate this AGREEMENT at any time prior to the completion of the services required pursuant to the AGREEMENT without penalty to CITY. In that event, notice of termination of the AGREEMENT shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this AGREEMENT. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of the AGREEMENT. If PROVIDER is in default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. -3- 96- 89 Should PROVIDER not be able to provide the services in Article i, PROVIDER shall give THE CITY twelve (12) days written notification of cancellation and will be liable for cost Incurred by THE CITY for the printing of material, etc. ARTICLE V INDEPENDENT CONTRACTOR N The PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Worker's Compensation benefits as employees of THE CITY. ARTICLE VI COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS Both parties shall comply with all applicable laws, ordi— nances and codes of Federal, State and Local Governments. PROVIDER agrees that it shall not discriminate as to race, sex, age, color, religion, national origin, handicap or marital status in connection with its performance under the AGREEMENT. PROVIDER shall abide by Ordinance No. 10538, the Minority Procurement Ordinance of the City of Miami and the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2-11:1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. —4- 96- 89 ARTICLE_V11 MONITORING y! The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the services which are the subject of the AGREEMENT. ARTICLE Vill OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under the AGREEMENT shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to the AGREEMENT and shall become the property of CITY, without restriction or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PRO- VIDER shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, latent lifts cards, standard fingerprint cards, A.F.I.S. printouts, fingerprint charts, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursuant to the AGREEMENT shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. ARTICLE IX INSURANCE The PROVIDER must hold a current certification as a Latent Print Examiner or is currently employed as a latent fingerprint examiner with another agency in Dade, Broward or Monroe County. -5- 96- 89 ARTICLE X AWARD OF AGREEMENT PROVIDER warrants that he have not employed or retained any person employed by the CITY to solicit or secure the AGREEMENT and that they have not offered to pay, paid or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from award of this Agreement. eDT 1 r%1 9: V I CONTINGENCY_ CLAUSE Funding for the AGREEMENT is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds and/or change in regulations ARTICLE XII DEFAULT PROVISION, In the event that PROVIDER fails to comply with each and every term and condition of the AGREEMENT or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate the AGREEMENT and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to the CITY. iz 9= 89 ARTICLE X111 ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only AGREEMENT of the parties hereto relating to said grant and correctly set forth the rights, duties and obligations of each to the other as of its date. Any prior AGREEMENTS, promises, negotiations or representation not expressly set forth in this AGREEMENT are of no force or effect. ARTICLE_XIV NONDELEGABILITY The obligations undertaken by PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. ART l rl C Y1/ AUDIT RIGHTS CITY reserves the right to audit the records of PROVIDER related to this Agreement at any time during its performance and for a period of three years after final payment is made under this Agreement. ARTICLE XVI CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall lie in Dade County, Florida. —7- 96- 89 ARTICLE XVII SUCCESSORS AND ASSIGN This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XVIII CONFLICT OF INTEREST A. PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of PROVIDER or its employees, must be disclosed in writing to CITY. B. PROVIDER is aware of the co^flic:t of interest !aws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2- 11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. ARTICLE XIX CONFIDENTIALITY PROVIDER shall not divulge any information obtained during the term of this Agreement relating to any criminal internal investigations unless otherwise directed by the Unit Supervisor, Section Commander, Division Commander, or Chief of Police. —8— 96- 89 ARTICLE_XX AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XXI NOTICES GENERAL CONDITIONS A. General conditions or other communications which shall or may be given pursuant to the AGREEMENT shall be in writing and shall be delivered by personal service or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI William H. CMcOua�_� American Drive ertified Latent Fi_ngerprint Miami, Florida 33133 Examiner 4471 NW 36 Street, Suite #214 Miami Springs, FL1�fi COPY TO: Chief of Police 400 N.W. 2nd Avenue Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT. C. In the event of conflict between the terms of this AGREEMENT and any terms or conditions contained in any attached documents, the terms in the AGREEMENT shall rule. we 96- 89 D. Should any provisions, paragraphs, sentences, words or phrases contained in the AGREEMENT be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws or if not modifiable to conform with such laws, then same shall be deemed severable and in either event, the remaining terms and provisions of the AGREEMENT shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the persons thereto legally authorized, this the day and year first above written. ARTICLE XXII INDEMNIFICATION The PROVIDER shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the PROVIDER'S activities under this Agreement, including all acts or omissions to act of the PROVIDER, including any person acting for or on its behalf, and, from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. —10- 96~ 89 ARTICLE XXI11 INSURANCE It is requested that the PROVIDER be exempt from the regularly required insurance. The Criminal Investigations Section of the Miami Police DEPARTMENT will accept responsibility for monitoring all activities as they relate to the services rendered by the PROVIDER. ATTEST: WTTNER' W T TNEn ATTEST: MY CLERK APPROVED: ZRTEF ZT!—F5LT5E APPROVED AS TO FORM AND CORRECTNESS: �TTY—ATTMRNU I „ -11- CERTIFIED LATENT FINGERPRINT EXAMINER BY: PROVIDER CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: TTY-WNA6ER APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT—OF RISK PRRAZMEWENT 96-- 89 PROFESSIONAL_ SERVICES AGREEMENT THIS AGREEMENT is entered into this _ r day of 1996, by and between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter referred to as "THE CITY", and John P. Lazzaretto hereinafter referred to as the "PROVIDER"; RECITAL WHEREAS, the CITY and the PROVIDER enter into this Professional Services AGREEMENT with the knowledge and spirit of full cooperation of the mutual covenants and obligations herein contained, and subject to the terms and conditions hereinafter stated, the parties hereto understand and agree as follows: A O'r l n 1 1_ 1 SCOPE OF SERVICES The PROVIDER shall implement the following professional services for the City of Miami Police Department, hereinafter referred to as the "DEPARTMENT." 1) The PROVIDER shall successfully complete a Familiarization Program designed by the supervisor of the Latent Print Detail, not to exceed forty (40) hours. 2) The PROVIDER shall examine and evaluate latent fingerprints recovered from crime scenes by personnel of the Crime Scene Investigation Unit. Those latent fingerprints that are found to be of value by the PROVIDER and with the concurrence of the Supervisor of the Latent Print Detail will be searched. 1HEN RETURi',iNG FOR FURTH,-t REVIEW, PLEASE IDENTIFY AS # / 9lvcJocd) /y 96- 89 3) The PROVIDER shall search all latent fingerprints evaluated to be of value. A PROVIDER in this classification must be familiar with standard search methods, such as Area Search, Master File Search and Automated Fingerprint Identification System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.: minutiae input, pattern evaluation and finger priority. 4) All latent identifications made by the PROVIDER will be verified and transferred to a full time civil service employee. The PROVIDER may, at the discretion of the Latent Print Supervisor, co—sign the identification. All Court appearances related to the identification will be the responsibility of the full time civil service employee. 5) The PROVIDER shall receive and accept supervision and assignments from a superior in charge of the Detail both orally and in writing, and work is reviewed by observation, monitoring of the PROVIDER'S operations, and the review of reports and identifications. 6) The PROVIDER shall provide the DEPARTMENT with completed invoices reflecting the hours worked and signed by the Provider and Criminal Investigations Section Deputy Commander (invoice forms will be provided). 7) Perform other related work as required. ARTICLE 11 COMPENSATION CITY shall pay the PROVIDER compensation based on a rate of $25.00 per hour. The maximum compensation to be paid to the PROVIDER under this agreement shall be based on the hours of service as required by the CITY; provided, however, that the total amount of compensation paid to ail providers of Latent Print Examiner services engaged by the CITY pursuant to Resolution No. shall not exceed $39,000 (thirty—nine thousand dollars). Payment shall be made within thirty (30) days after receipt of an invoice for the number of hours worked (sign- -2- 9G 89 ed by the CITY'S Criminal investigations Section Deputy Commander). The city shall have the right to review and audit the time records and related records of the PROVIDER pertaining to any such billings. ARTICLE III A. TERMS The term of the agreement is one year commencing upon execution by the City Manager. B. RENEWAL Upon mutual agreement to the parties, this AGREEMENT may be renewed for one (1) additional year. Prior to renewal, the terms and conditions relating to compensation and professional services may be renegotiated. ARTICLE IV TERMINATION ~r THE CITY retains the right, upon 12 days written notice, to terminate this AGREEMENT at any time prior to the completion of the services required pursuant to the AGREEMENT without penalty to CITY. In that event. notice of termination of the AGREEMENT shall be in writing to PROVIDER, who shall be paid for those services performed prior to the date of its receipt of the notice of termination. In no case, however, will CITY pay PROVIDER an amount in excess of the total sum provided by this AGREEMENT. It is hereby understood by and between CITY and PROVIDER that any payment made in accordance with this Section to PROVIDER shall be made only if said PROVIDER is not in default under the terms of the AGREEMENT. If PROVIDER is in default, the CITY shall in no way be obligated and shall not pay to PROVIDER any sum whatsoever. —3- 96- 89 Should PROVIDER not be able to provide the services in Article I, PROVIDER shall give THE CITY twelve (12) days written notification of cancellation and will be liable for cost incurred by THE CITY for the printing of material, etc. ARTICLE V INDEPENDENT_ CONTRACTOR The PROVIDER and its employees and agents shall be deemed to be independent contractors, not agents or employees of the CITY, and shall not attain any rights or benefits under the Civil Service or Pension Ordinances of the CITY or any rights generally afforded classified or unclassified employees; further they shall not be deemed entitled to Florida Worker's Compensation benefits as employees of THE CITY. ARTICLE VI COMPLIANCEWITH FEDERAL, STATE AND LOCAL LAWS �rBoth parties shall comply with all applicable laws, ordi- nances and codes of Federal, State and Local Gcvernments. PROVIDER agrees that it shall not discriminate as to race, sex, age, color, religion, national origin, handicap or marital status in connection with its performance under the AGREEMENT. PROVIDER shall abide by Ordinance No. 10638, the Minority Procurement Ordinance of the City of Miami and the conflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Sect! --on 2-11.1) and the State of Florida, and agrees that it will fully comply in all respects with the terms of said laws. -4- 9�- 89 ARTICLE VII MONITORING The PROVIDER agrees to permit the CITY and authorized agents to monitor, according to applicable regulations, the services which are the subject of the AGREEMENT. ARTICLE_Vill OWNERSHIP OF DOCUMENTATION All documents developed by PROVIDER under the AGREEMENT shall be delivered to CITY by said PROVIDER upon completion of the services required pursuant to the AGREEMENT and shall become the property of CITY, without restrict.ion or limitation on its use. PROVIDER agrees that all documents maintained and generated pursuant to this contractual relationship between CITY and PRO- VIDER shall be subject to all provisions of the Public Records Law, Chapter 119, Florida Statutes. It is further understood by and between the parties that any information, writings, latent lifts cards, standard fingerprint cards, A.F.I.S. printouts, fingerprint charts, contract documents, reports or any other matter whatsoever which is given by CITY to PROVIDER pursuant to the AGREEMENT shall, at all times, remain the property of CITY and shall not be used by PROVIDER for any other purposes whatsoever without the written consent of CITY. ARTICLE IX INSURANCE The PROVIDER must hold a current certification as a Latent Print Examiner or is currently employed as a latent fingerprint examiner with another agency in Dade, Broward or Monroe County. -5- 96! 89 ARTICLE X AWARD OF AGREEMENT PROVIDER warrants that he have not employed or retained any person employed by the CITY to solicit or secure the AGREEMENT and that they have not offered to pay, paid or agreed to pay any person employed by the CITY any fee, commission percentage, brokerage fee, or gift of any kind contingent upon or resulting from award of this Agreement. ARTICLE XI CONTINGENCY CLAUSE Funding for the AGREEMENT is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or termination due to lack of funds or authorization, reduction of funds and/or change in regulations ARTICLE X11 DEFAULT PROVISION In the event that PROVIDER fails to comply with each and every term and condition of the AGREEMENT or fails to perform any of the terms and conditions contained herein, then CITY, at its sole option, upon written notice to PROVIDER may cancel and terminate the AGREEMENT and all payments, advances or other compensation paid to PROVIDER by CITY while PROVIDER was in default of the provisions herein contained, shall be forthwith returned to the CITY. ffm 96- 89 ARTICLE X111 ENTIRE AGREEMENT This instrument and its attachments constitute the sole and only AGREEMENT of the parties hereto relating to said grant and correctly set forth the rights, duties and obligations of each to the other as of its date. Any prior AGREEMENTS, promises, negotiations or representation not expressly set forth in this AGREEMENT are of no force or effect. ARTICLE XIV NONDELEGABILITY The obligations undertaken by PROVIDER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the performance or assignment of such services or any part thereof by another person or firm. ARTICLE_XV AUDIT RIGHTS CITY reserves the right to audit the records of PROVIDER related to this Agreement at any time during its performance and for a period of three years after final payment is made under this Agreement. ARTICLE XVI CONSTRUCTION OF AGREEMENT This Agreement shall be construed and enforced according to the laws of the State of Florida and venue shall lie in Dade County, Florida. -7- 96- 89 ARTICLE XVII SUCCESSORS AND ASSIGN This Agreement shall be binding upon the parties herein, their heirs, executors, legal representatives, successors, and assigns. ARTICLE XV111 CONFLICT OF INTEREST A. PROVIDER covenants that no person under its employ who presently exercises any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with CITY. PROVIDER further covenants that, in the performance of this Agreement, no person having such conflicting interest shall be employed. Any such interest on the part of PROVIDER or its employees, must be disclosed in writing to CITY. B. PROVIDER is aware of the ccnflict of interest laws of the City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida (Dade County Code Section 2- 11.1) and the State of Florida, and agrees that it shall fully comply in all respects with the terms of said laws. - ARTICLE XIX CONFIDENTIALITY PROVIDER shall not divulge any information obtained during the term of this Agreement relating to any criminal internal investigations unless otherwise directed by the Unit Supervisor, Section Commander, Division Commander, or Chief of Police. 96- 89 ARTICLE XX AMENDMENTS No amendments to this Agreement shall be binding on either party unless in writing and signed by both parties. ARTICLE XXl NOTICES GENERAL CONDITIONS A. General conditions or other communications which shall or may be given pursuant to the AGREEMENT shall be in writing and shall be delivered by personal service or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time. Such notice shall be deemed given on the day on which personally served; or if by mall, on the fifth day after being posted or the date of actual receipt, whichever is earlier. CITY OF MIAMI John P. Lazzaretto 5� Pan American Drive NertIT-1 d—Latent Fingerprint Miami, Florida 33133 Examiner 8611 N.W. 193 Lane 17, iii i ,—Ft-3b15 COPY TO: Chief of Police 400 N.W. 2nd Avenue Miami, Florida 33101 B. Title and paragraph headings are for convenient reference and are not a part of the AGREEMENT. C. In the event of conflict between the terms of this AGREEMENT 'i and any terms or conditions contained in any attached I ! documents, the terms in the AGREEMENT shall rule. _g_ 96- 89 D. Should any provisions, paragraphs, sentences, words or phrases contained in the AGREEMENT be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provisions, paragraphs, sentences, words or phrases shall be deemed modified to the extent necessary in order to conform with such laws or if not modifiable to conform with such laws, then same shall be deemed severable and in either event, the remaining terms and provisions of the AGREEMENT shall remain unmodified and in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by the persons thereto legally authorized, this the day and year first above written. ARTICLE XXII INDEMNIFICATION The PROVIDER shall indemnify and save the CITY harmless from and against any and all claims, liabilities, losses, and causes of action, which may arise out of the PROVIDER'S activities under this Agreement, including all acts or omissions to act of the PROVIDER, including any person acting for or on its behalf, and, from and against any orders, judgments or decrees which may be entered, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claims, or in the investigation thereof. —10- 96- 89 ARTICLE XXIII INSURANCE It is requested that the PROVIDER be exempt from the regularly required insurance. The Criminal Investigations Section of the Miami Police DEPARTMENT will accept responsibility for monitoring all activities as they relate to the services rendered by the PROVIDER. ATTEST: WITNPES — WI TNESb�'---�~ ATTEST: D I T7ZLERK APPROVED: GRITEF OF POL I DE APPROVED AS TO FORM AND CORRECTNESS: STY ATTORNEY.WA CERTIFIED LATENT FINGERPRINT EXAMINER BY: PRDVIDER CITY OF MIAMI, A MUNICIPAL CORPORATION OF THE STATE OF FLORIDA BY: ZIT—Y MANA ER APPROVED AS TO INSURANCE REQUIREMENTS: DEPARTMENT—UF R I STIVNMEMENT 96- 89 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM : CeS o City r RECOMMENDATION: e DATE : FEB 12 1996 FILE : SUBJECT : Resolution for latent Print Examiners; Professional Service Agreements REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission adopt the enclosed Resolution, with attachment, allowing the City Manager to execute Professional Service Agreements with individuals to provide latent print examiner services, as needed by the Police Department and authorizing the expenditure of $39,000, from the Police Department General Operating Budget, Index Code 290201-270, for said purpose. fsRO-10a �91 ► or The staffing situation in the Police Department's Latent Print Detail has been in decline for the past decade. They have gone fram seven (7) examiners to the current level of three (3). The Detail is responsible for identifying criminals through fingerprints left on crime scenes. The current staffing has seriously hampered this effort. The Department has been unable to attract qualified applicants to fill available positions. In addition, the training time for an individual to beccme certified is two to three years. The department has also been unsuccessful in its attempt to hire certified latent print examiners. An interim solution, to the current staffing situation, is to utilize retired certified latent print examiners. The Department has recently used the services of a retired examiner with much success. The Police Department will utilize the attached Professional Service Agreement to place these providers under contract with the City. 216-- 89 1