HomeMy WebLinkAboutExhibit 1EXHIBITA
Response submittals received for pre -qualification per Request for Qualifications (RFQ) No. 356296:
1. Elzner Brown
2. JDV Forensic Services, Inc.
3. Ivan M. Almeida
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement is entered into this day of
20 , (but effective ) by and between the City of Miami, a
municipal corporation of the State of Florida ("City") and , an individual
("Provider") whose mailing address is
RECITALS:
A. The City has issued a Request for Qualification ("RFQ") establishing a pre -
qualified List comprised of qualified proposer(s), for provision of Latent Print Examination
Services ("Services") for the Police Department (the "Department") and the Provider has been
deemed qualified for the provision of the Services. The RFQ and the Proposal are sometimes
referred to herein, collectively, as the Solicitation Documents, and are by this reference
incorporated into and made a part of this Agreement. The Solicitation Documents shall serve as
supplemental terms to this Agreement provided, however, that if there any conflicts with the
termsof this Agreement, this Agreement shall govern.
B. The City Manager is authorized to execute a contract with Provider on an as
needed basis, and further authorizing the right of the City Manager to add additional qualified
proposers as the City deems necessary subject to compliance with the City of Miami
Procurement Ordinance.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Provider and the City agree as follows:
RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Agreement.
2. TERM: The term of this Agreement shall be for two (2) years and the City's
utilization of these services will be on an as needed basis.
3. OPTION TO EXTEND: The term of this Agreement is for two (2) years, with the
City's option to extend for three (3) additional one (1) year periods. Any options for renewal
will be exercised by the City Manager, by providing written notice to the Provider as set forth in
§18. Should additional latent print examiners be required, the City Manager will be authorized
to add additional qualified proposers on an as -needed, when -needed basis throughout the
duration of the contract, subject to compliance with any applicable procedures in the City of
Miami Procurement Ordinance.
4. SCOPE OF SERVICES:
A. The Provider shall promptly and efficiently provide latent print examination
services or requested information concerning the same through use of
computerized or other types of equipment as may be assigned.
B. The Provider shall facilitate the latent print examination services in accordance
with established City of Miami latent print examination procedures. In
connection therewith, Provider shall exercise good judgment, and make
immediate decisions, based on local government operations, protocols, and the
police investigative systems and procedures. Provider shall be responsible for
learning and becoming fully knowledgeable with regard to local government
operations, protocols, and police investigative systems and procedures.
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
C. The Provider shall receive and accept supervision and assignments from a
superior in charge of the shift, both, orally and in writing, and Provider's work
shall be reviewed by observation, monitoring of the Provider's operations, and the
review of reports and records.
D. The Provider shall provide the Department with completed invoices reflecting the
dates and hours worked and signed by the Provider and the Latent Print Examiner
Supervisor and Unit Commander on forms provided, by the Department.
E. Provider shall provide any other services normally and customarily required of a
Latent Print Examiner for the Department.
5. COMPENSATION:
A.
B.
The amount of compensation payable by the City to Provider shall be
based on the rate of $50.00 per hour during the initial two (2) year period
of the contract. The hourly rates for the optional extension year(s) may be
increased if approved, in writing, by the Chief of Police, at his/her
discretion, for an amount not to exceed a maximum of five percent (5%)
per extension year. The City shall have no liability to pay any
compensation beyond any limitation or amount set forth in this Section of
the Agreement. Reimbursable expenses and similar out of pocket costs
are not payable by the City under this Agreement.
Unless otherwise specifically provided payment shall be made within forty
five (45) days after receipt of Provider's proper invoice, which shall be
accompanied by sufficient supporting documentation and contain
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
sufficient detail, to allow a proper audit of expenditures, should the City
require one to be performed. A proper invoice shall be as defined by
§218.72, Fla. Stat, and includes the Provider's hours, latent print
examination activity or volume, and such other pertinent information as
requested by the Chief of Police.
6. OWNERSHIP OF DOCUMENTS: Provider understands and agrees that any
information, document, report or any other material whatsoever which is given by the City to
Provider or which is otherwise obtained or prepared by Provider pursuant to or under the terms
of this Agreement is and shall at all times remain the property of the City. Provider agrees not to
use any such information, document, report or material for any other purpose whatsoever without
the written consent of City, which may be withheld or conditioned by the City in its sole
discretion.
7. AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
following the date of final payment by the City to Provider under this Agreement, audit, or cause
to be audited, those books and records of Provider which are related to Provider's performance
under this Agreement. Provider agrees to maintain all such books and records at its principal
place of business for a period of three (3) years after final payment is made under this
Agreement. All audits shall be subject to, and made in accordance with, the provisions of Section
18-102 of the Code of the City of Miami, Florida, as same may be amended or supplemented,
from time to time.
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
B. The City may, at reasonable times during the term hereof, inspect Provider's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether
the goods or services required to be provided by Provider under this Agreement conform to the
terms hereof, if applicable. Provider shall make available to the City all reasonable facilities and
assistance to facilitate the performance of tests or inspections by City representatives. All tests
and inspections shall be subject to, and made in accordance with, the provisions of Section 18-
101 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from
time to time.
8. AWARD OF AGREEMENT: Provider represents and warrants to the City that
Provider has not employed or retained any person or company employed by the City to solicit or
secure this Agreement and that Provider has not offered to pay, paid, or agreed to pay any person
any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Agreement.
9. PUBLIC RECORDS: Provider t.fnderstands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law. Provider's failure or refusal to
comply with the provisions of this section shall result in the immediate cancellation of this
Agreement by the City.
10. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest, ethics,
record keeping, etc. City and Provider agree to comply with and observe all applicable federal,
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
state and local laws, codes, rules, regulations, codes and ordinances, as they may be amended
from time to time.
11. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the
City and its officials, employees and agents (collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole or in part, by any act, omission, default or negligence (whether active or passive) of
Provider or its employees, agents or subcontractors (collectively referred to as "Provider"),
regardless of whether it is, or is alleged to be, caused in whole or part (whether joint, concurrent
or contributing) by any act, omission, default or negligence (whether active or passive) of the
Indemnitees, or any of them or (ii) the failure of the Provider to comply with any of the
paragraphs herein or the failure of the Provider to conform to statutes, ordinances, codes, any
applicable established protocols or established dispatching standards, or other regulations or
requirements of any governmental authority, federal, local, or state, in connection with the
performance of this Agreement. Provider expressly agrees to indemnify and hold harmless the
Indemnitees, or any of them, from and against all liabilities which may be asserted by an
employee or former employee of Provider, or any of its subcontractors, as provided above, for
which the Provider's liability to such employee or former employee would otherwise be limited
to payments under state Workers' Compensation or similar laws. This section shall survive the
termination or expiration of this Agreement.
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
12. DEFAULT: If Provider fails to comply with any term or condition of this Agreement,
or fails to perform any of its obligations hereunder, then Provider shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Provider, terminate this Agreement whereupon all payments,
advances, or other compensation paid by the City to Provider while Provider was in default shall
be immediately returned to the City. Provider understands and agrees that termination of this
Agreement under this section shall not release Provider from any obligation accruing prior to the
effective date of termination. Should Provider be unable or unwilling to commence to perform
the Services within the time provided or contemplated herein, then, in addition to the foregoing,
Provider shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Agreement, as well as all costs and expenses incurred by the City in the re -
procurement of the Services, including consequential and incidental damages.
13. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that
all disputes between Provider and the City based upon an alleged violation of the terms of this
Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to
Provider being entitled to seek judicial relief in connection therewith. In the event that the
amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be
approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial
relief unless: (i) Provider has first received City Manager's written decision, approved by the
City Commission if the amount of compensation hereunder exceeds $25,000; or (ii) a period of
sixty (60) days has expired, after submitting to the City Manager a detailed statement of the
dispute, accompanied by all supporting documentation (ninety (90) days if City Manager's
decision is subject to City Commission approval); or (iii) City has waived compliance with the
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
procedure set forth in this section by written instruments, signed by the City Manager. This
Section is subject to the limitations on Compensation contained in §5 of the Agreement.
14. CITY'S TERMINATION RIGHTS:
A. The City Manager shall have the right to terminate this Agreement, in its sole
discretion, at any time, by giving written notice to Provider at least five (5) business days prior to
the effective date of such termination. In such event, the City shall pay to Provider
compensation for services rendered and expenses incurred prior to the effective date of
termination. In no event shall the City be liable to Provider for any additional compensation,
other than that provided herein, or for any consequential or incidental damages.
B. The City Manager shall have the right to terminate this Agreement, without notice
or liability to Provider, upon the occurrence of an event of default hereunder. In such event, the
City shall not be obligated to pay any amounts to Provider and Provider shall reimburse to the
City all amounts received while Provider was in default under this Agreement.
15. PROVIDER'S QUALIFICATIONS/INSURANCE: The Provider represents that
Provider possesses the requisite certification, knowledge, and familiarity with the systems used
by the Police Department for latent print examination services. If the Provider is an individual, it
is requested that the Provider be exempt from the regularly required insurance. In which case,
the Administration Division of the City of Miami Police Department will accept responsibility
for monitoring all activities as they relate to the services rendered by the Provider. If the
Provider is an entity, the Provider shall submit to the City insurance in compliance with the
requirements set forth in the Solicitation Documents.
16. NONDISCRIMINATION: Provider represents and warrants to the City that Provider
does not and will not engage in discriminatory practices and that there shall be no discrimination
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
in connection with Provider's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Provider further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any provision of this Agreement.
17. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in
part. This Agreement relies on Provider's skills, characteristics and such other factors as the
City has determine as suitable for this work. The Agreement may not be assigned, transferred or
pledged in any manner by any Provider.
18. NOTICES: All notices or other communications required under this Agreement shall
be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return
receipt requested, addressed to the other party at the address indicated herein or to such other
address as a party may designate by notice given as herein provided. Notice shall be deemed
given on the day on which personally delivered or, if by mail, on the fifth day after being posted
or the date of actual receipt, whichever is earlier.
TO PROVIDER: TO THE CITY:
Copy to:
Chief of Police
City of Miami
400 NW 2" Avenue, Suite #
Miami, FL 33128
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City Manager
City of Miami
444 S.W. 2 Avenue, loth Floor
Miami, FL 33130
City Attorney
City of Miami
444 S.W. 2 Avenue
Suite 945
Miami, FL 33130
RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
19. MISCELLANEOUS PROVISIONS:
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida. Venue in any administrative or legal proceedings between the parties shall be within
Miami -Dade County, Florida. Each party shall bear their own attorney's fees.
B. Title and paragraph headings are for convenient reference and are not a part of
this Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid unless in writing and executed by
properly authorized representatives of the parties hereto.
20. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
21. INDEPENDENT CONTRACTOR: Provider has been procured and is being
engaged to provide services to the City as an independent contractor, and not as an agent or
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
employee of the City. Accordingly, Provider shall not attain, nor be entitled to, any rights or
benefits under the Civil Service or Pension Ordinances of the City, nor any rights generally
afforded classified or unclassified employees. Provider further understands that Florida
Workers' Compensation benefits available to employees of the City are not available to Provider,
and agrees to provide workerscompensation insurance for any employee or agent of Provider
rendering services to the City under this Agreement.
22. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and continued authorization for program activities and the Agreement is
subject to amendment or termination due to lack of funds, reduction of funds and/or change in
regulations, upon thirty (30) days notice.
23. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and
only agreement of the parties relating to the subject matter hereof and correctly set forth the
rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises,
negotiations, or representations not expressly set forth in this Agreement are of no force or
effect.
24. COUNTERPARTS: This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which, when taken together, shall constitute
one and the same agreement.
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RFQ No. 356296 Latent Print Examination Services Professional Services Agreement (PSA) - Exhibit A
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by their respective officials thereunto duly authorized, this the day and year above
written.
ATTEST:
Todd Hannon
City Clerk
"City"
CITY OF MIAMI, a municipal
corporation
By:
Johnny Martinez, P.E.
City Manager
WITNESSES: "Provider"
Print Name: Print Name:
2.
Print Name:
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
REQUIREMENTS: REQUIREMENTS:
Julie O. Bru
City Attorney
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Calvin Ellis
Risk Management
City of Miami
Request for
Qualifications (RFQ)
Purchasing Department
Miami Riverside Center
444 SW 2nd Avenue, 6t1 Floor
Miami, Florida 33130
Web Site Address: http://ci.miami.fl.us/procurement
RFQ Number:
Title:
356296
Request for Qualifications for Latent
Print Examination Services
Issue Date/Time: 08-MAR-2013
RFQ Closing Date/Time: 04/02/2013 @ 14:00:00
Pre -Bid Conference: None
Pre -Bid Date/Time:
Pre -Bid Location:
Deadline for Request for Clarification: Thursday, March 21st, 2013 at 2:00 PM
Buyer: Velez, Pablo
Hard Copy Submittal Location: City of Miami - City Clerk
3500 Pan American Drive
Miami FL 33133 US
Buyer E-Mail Address: pvelez@miamigov.com
Buyer Facsimile: (305)416-1925
Page 1 of 35
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govern in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME:
ADDRESS•
PHONE: FAX
EMAIL: BEEPER.
SIGNED BY -
TITLE: DATE.
FAILURE TO COMPLETE SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Page 2 of 35
Certifications
Name of Individual:
Address of Individual:
City, State and Zip:
Mailing Address (if different):
Is a copy of your Certificate as a Latent Print Examiner from the International Association of
Identification, attached to this submittal? Yes or No.
Do you agree to submit to and successfully pass, a background investigation conducted by the Miami
Police Department at the City's cost, as part of the qualification process? Yes or No
Do you agree to complete, and successfully pass, a paid Familiarization Program to be provided by the
Miami Police Department at the City's cost, as part of the qualification Process? Yes or No
Do you agree to adhere to the Fee Schedule for payment of services as described in Section 3? Yes or
No
Is a copy of your resume, addressing qualitifications and experience, attached to this submittal? Yes or
No
Do you certify that the above information provided, and its corresponding documentation, is true and
correct? Yes or No
Do you understand that any false or misleading information, or the omission of information, as required
by the City, for the purposes of deceit or deception, shall be grounds for disqualification from providing
services under this contract? Yes or No
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
Page 3 of 35
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Are you providing proof that you possess knowledge of and can utilize the computerized Automated
Fingerprint Identification System (A.F.I.S.) used by the Miami Police Department? Yes or No
Page 4 of 35
Request for Qualifications (RFQ)
356296
Table of Contents
Terms and Conditions 6
1. General Conditions 6
1.1. GENERAL TERMS AND CONDITIONS 6
2. Special Conditions 26
2.1. PURPOSE 26
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION 26
2.3. TERM OF CONTRACT 26
2.4. CONDITIONS FOR RENEWAL 26
2.5. PRE-BID/PRE-PROPOSAL CONFERENCE 26
2.6. EQUITABLE ADJUSTMENT 26
2.7. NON -APPROPRIATION OF FUNDS 27
2.8. MINIMUM QUALIFICATIONS 27
2.9. INDEPENDENT CONTRACTOR 27
2.10. CONTRACT EXECUTION 27
2.11. FAILURE TO PERFORM 28
2.12. INSURANCE (INDIVIDUAL PROPOSERS) 28
2.13. INSURANCE (ENTITY PROPOSERS) 28
2.14. CONTRACT ADMINISTRATOR 30
2.15. TERMINATION 30
2.16. ADDITIONAL TERMS AND CONDITIONS 30
2.17. PRIMARY CLIENT 30
2.18. ADDITIONAL SERVICES 31
3. Specifications 32
3.1. SPECIFICATIONS/SCOPE OF WORK 32
4. Submission Requirements 34
4.1. SUBMISSION REQUIREMENTS 34
5. Evaluation Criteria 35
5.1. EVALUATION CRITERIA 35
Page 5 of 35
Request for Qualifications (RFQ)
356296
Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services
with an estimated aggregate cost of S25,000.00 or more.
Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for
Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal
solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the
good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be
fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the
City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order
upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be
considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the
City of a purchase order.
1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of
after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the
event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a
written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer
who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time
contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal
solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in
any or all responses and may, at its discretion, re -issue this formal solicitation.
1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available
at the City's website at: http://www.ci.miami.fl.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response
from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a
different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an
altemate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate
Response". Alternate response shall be placed in the same response. This provision only applies to formal
solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies.
1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of
the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract,
each party shall bear their own attomey's fees through and including appellate litigation and any post -judgment
Page 6 of 35
Request for Qualifications (RFQ)
356296
proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access
at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers,
and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit,
examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of
the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final
payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition
shall result in the immediate cancellation of this contract by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or
quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein,
when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid
contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders,
be invoiced there from and make its own payments, determine shipping terms and issue its own exemption
certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or
addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the
instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with
Drug -Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified
in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual
obligation if such documents are not submitted in a timely manner and in the form required by the City. Where
Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing
Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's
requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its
bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the
Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the successful
Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar
days beyond the stated contract term in order to provide City depai tuients with continual service and supplies while
a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the
Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific
number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City
and the Successful Bidder/Proposer are in mutual agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon
completion of the expressed or implied warranty periods.
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G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such
combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the
minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the
right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the
City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety
company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is
required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees
that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to
bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to
Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all
surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after
the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the
formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted
accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file
an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the
award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in
mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or
Proposal most advantageous to the City or all responses may be rejected.
1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing
the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not
wish to rule out other competitors' brands or makes, the phrase "OR -EQUAL" is added. When bidding/proposing an
approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory
information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the
item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise
specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the
City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If
samples should be requested, such samples must be received by the City no later than seven (7) calendar days after
a formal request is made.
1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing.
In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers
and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or
prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the
contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures,
or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures
during the time it is rendering such goods/services, it shall not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable
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for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for,
or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable
proceedings or on account of any delay for any cause over which the City has no control.
1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a response
for the same items/services or with the City of Miami's Purchasing Department or initiating depai tment. The
Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action.
Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City
will investigate all potential situations where collusion may have occurred and the City reserves the right to reject
any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts
between private entities and local governments are subject to certain laws and regulations, including laws pertaining
to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all
applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but
not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of
race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment
practices, rate of pay or other compensation methods, and training selection.
B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. Uniform Commercial Code (Florida Statutes, Chapter 672).
F. Americans with Disabilities Act of 1990, as amended.
G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Fornial Solicitation.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance
with all local, state, and federal directives, orders, and laws may be considered grounds for termination of
contract(s).
Copies of the City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed
upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written
recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the
provision of goods and services and public works or improvements for amounts greater than S200,000. The Cone of
Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others:
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Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but
not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective
staffs and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to matters of
process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do
not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral
presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,
or public presentations made to the Miami City Commission during a duly noticed public meeting; or
communications in writing or by email at any time with. any City employee, official or member of the City
Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section
2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the
performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall
be made available to any person upon request. The City shall respond in writing and file a copy with the Office of
the City Clerk, which shall be made available to any person upon request. Written communications may be in the
form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall
render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or
consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal
knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a
complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami
Code for further clarification.
This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code
Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at
305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act
and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application
when disclosure is required by Florida law.or upon court order.
1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to
the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially
interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such
interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you
must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or
more of the total assets of capital stock in your firm.
A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may
be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for
himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of
the general public and gained by reason of his/her/its position, except for information relating exclusively to
governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person
or business entity.
B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the
City or any person or agency acting for the City, and has not appeared in representation of any third party before any
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board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it
is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission;
(ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City.
C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional
services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law.
Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on
Ethics.
1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of
copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services
provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and
all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission
of Responses to the City, or any work performed in connection therewith shall be borne by the
B i dder(s )/P rop o s er(s ).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual
Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the
Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes
listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than
three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for
award of city Contracts if there is probable cause for debarment, pending the debarment determination. The
authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued
by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or
. destruction of records, receiving stolen property, or.any otheroffense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative of nonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in a
Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7)
Found in violation of a zoning ordinance or any other city ordinance or regulation and for which
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the violation remains noncompliant.
(8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a
civil penalty or fine is due and owing to the city.
(9) Any other cause judged by the City Manager to be so serious and compelling as to affect the
responsibility of the Contractual Party performing city Contracts.
(c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that
neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the
violations set forth above or debarred or suspended as set forth in paragraph (b)(5).
(d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a
written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided
promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief.
1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public
entity, may not submit a response on a contract with a public entity for the construction or repair of a public building
or public work, may not submit response on leases of real property to a public entity, may not award or perform
work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents,
and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the
Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to
remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall
result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the
effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time
required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree
specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely
completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an
assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful
Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated,
together with the cost of completing the work, shall be deducted from any monies due or which may become due on
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this Contract.
1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is
responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which
follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in
the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure
to comply with these requirements may deem a Response non -responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response
shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions.
Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s)
during the term of the contract. Such discounts shall remain in effect fora minimum of 120 days from approval by
the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal
Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be
found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the
purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications,
or other communications.
A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the
following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster
situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this
formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform
for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of
Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written
agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and
represents the entire understanding and agreement between the parties with respect to the subject matter hereof and
supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the
extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the
Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may
be modified only by a written agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance
only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The
City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates
may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting
specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower
prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
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A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response ;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and
re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the
City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or
which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions
of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with
the City's Debarment and Suspension Ordinance.
C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing the
goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a
satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility,
personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as
used herein shall be construed to mean a fully equipped and well established entity in line with the best industry
practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications and
abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental
entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized
representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal
Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to
the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be
cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and
conditions of the resulting agreement it may lead to terminating negotiations.
1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by
the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in
the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of bid/proposal.
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1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will
be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices
will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed
or supplied over a period of time.
1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly,
it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional
minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is
subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and
clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each
adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on
September 30th of each year and take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to
determine whether any of its employees may be impacted by this Florida Law at any given point in time during the
term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s),
and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful
bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the
right to request and successful bidder/proposer must provide for any and all information to make a wage and
contractual price increase(s) determination.
1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws
of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall
take place in Miami -Dade County, Florida.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for
convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way
the expressed terms and provisions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or
entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of
"individually identifiable health information (IIHI) and/or Protected. Health Information (PHI) shall comply with the
Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards.
HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to:
A. Use of information only for performing services required by the contract or as required by law;
B. Use of appropriate safeguards to prevent non -permitted disclosures;
C. Reporting to the City of Miami of any non -permitted use or disclosure;
D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the
Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested
by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits.
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PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or
electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information
practices including specifically, a description of the types of uses and disclosures that would be made with protected
health information.
1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers,
agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable
attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of
Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify,
hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions,
statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that
the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this
Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand,
Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory
to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and
defend the City or its officers, employees, agents and instrumentalities as herein provided.
The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate,
supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of
liability and all suits and actions of every name and description which may be brought against City whether
performed by Contractor, or persons employed or utilized by Contractor.
This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under
the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06
and/or §725.08, Fla. Statues, as amended from time to time as applicable.
Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City.
The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may
result from any actions or omissions of the Contractor in which the City participated either through review or
concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or
other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or
Sub -Contractor, under this Agreement.
1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information
requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each
Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and
Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted
with a previous response or on file with the Buyer will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and
perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services
required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal
Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the
performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in
accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be
amended or supplemented from time to time.
1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not
be made available until such time as the City provides notice of a decision or intended decision or within 30 days
after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be famished upon request via
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fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's
Web Site following recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish
Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall
demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance
Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance
certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the
Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit
_a corrected certificate to the.City.. If the Contractorfails to submit the required insurance documents in the manner
prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be
in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances,
the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any
insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW
2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in effect for the duration of the contractual period; including any and all option terms that may be
granted to the Bidder/Proposer.
1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered
(i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt
Payment Act).
1.48. LOCAL PREFERENCE
A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid
price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as
defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that
non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to
submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local
bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and
final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award
shall be made to the local bidder."
B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable
professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer,
include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in
Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local
office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply.
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a
separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such
certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the
bidder/proposer must bear full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or
understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be
binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through
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the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet
as appropriate.
1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or
construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other
similar relationship between the parties.
1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with
specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other
appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with
specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes.
Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense.
These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in
bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the
defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from
the City of Miami's Supplier's list.
1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age,
religion, national origin, marital status, or disability in connection with its performance under this formal
solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of
his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation
in, be denied benefits of, or be subjected to, discrimination under any program or activity.
In connection with the conduct of its business, including performance of services and employment of personnel,
Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex,
marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity
for employment.
1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best
interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein
goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources for the purchase of these goods and/or services as may be available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the
successful bidder(s)/proposer(s) to receive all' orders that may be generated by the City in conjunction with this
Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with construction
projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms,
conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best
interest of the City.
1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in
the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational
License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a
location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the
license must be submitted with the response; however, the City may at its sole option and in its best interest allow
the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award.
1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture
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will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the
herein condition for "Alternate Responses May Be Considered".
1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records,
files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this
formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for
any other purposes whatsoever without the written consent of the City.
1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or
circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such
provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and
each provision of this Contract shall be valid and enforced. to the fullest extent permitted by law.
1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment
Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract
price.
1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed
amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be
at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer
shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on
the face page and on each continuation sheet thereof on which he/she makes an entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging,
handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer
shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits
normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit
Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended
Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit
price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or
services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with
the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature.
Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the
response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful
Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS
OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY
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OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.
1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of
market change or on the part of the contractor to other customers shall be passed on to the City of Miami.
1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product
becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's
authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is
approved in advance of delivery and that the new product meets or exceeds all quality requirements.
1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
Contractor represents and warrants to the City that it has not employed or retained any person or company employed
by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any
fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of
this Contract.
1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the
percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and
agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City,
whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or
receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to
damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount
is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash
discount with the period commencing on the date it is determined by the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers
during the term of the contract.
1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property
furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami.
Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the
Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the
Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible
for replacement value of the property at the current market value, less depreciation of the property, if any.
1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants,
conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, legal representatives, successors and assigns.
1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a response on a contract to provide any goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction or repair
of a public building or public work, may not submit responses on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in Section
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287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list.
1.68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all
documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes,
and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all
documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision
of this section shall result in the immediate cancellation of this Contract by the City.
1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials
used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be
new. The items bid/proposed must beof the .latest make or model, of the best quality, and of the highest grade of
workmanship, unless as otherwise specified in this Solicitation.
1.70. QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and
workmanship. Materials furnished to complete the service shall be new and of the highest quality except as
otherwise specified in this Solicitation.
1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal
solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by
the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to
comply with the law.
1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall
have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue
of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City
Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies
based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by
a Contractual Party by submission of a protest to the City Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly
render a written report stating the reasons for the action taken by the City Commission or the City Manager which
shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along
with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to
such judicial relief without first having followed the procedure set forth in this section.
1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards
except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed
$25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
1.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for
Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered
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filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the
Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement
Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent
to file a protest is considered filed when received by the Chief Procurement Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after
receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be
posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and
Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by
selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and
Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the
Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the
responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to
receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief
Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non
responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile
or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when
received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five
(5) days after the date the notice of protest was filed. A written protest is considered filed when received by the
Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning
points in making an award determination.
The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation
or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the
required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no
facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement
Officer at the time of filing the protest shall be pemfitted in the consideration of the written protest.
No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed
by this section, the day of the act, event or default from which the designated period of time begins to run shall not
be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday
in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday.
Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing.
(b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of
the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer
shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said
decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than
S25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the
City Commission after a favorable recommendation by the city attomey and the City Manager.
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(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or
the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement
Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such parry's right to file a
protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having
followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this
section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is
resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the
City Manager makes a written determination that the solicitation process or the Contract award must be continued
without delay in order to avoid an immediate and serious danger to the public health, safety or welfare.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(I) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's
check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or
$5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against
the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer
and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed
under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of
costs for the administrative proceedings as prescribed by subsection (e) above.
1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to
the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense,
within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of
the City.
1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign,
transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion
of the performance required by this contract, except under and by virtue of written permission granted by the City
through the proper officials, which may be withheld or conditioned, in the City's sole discretion.
1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and
replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and
service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your
response.
1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental
specification as to any detail or the omission from it of detailed description concerning any point shall be regarded
as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct
type, size and design are to be used. All workmanship and services is to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on
this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request
will result in disqualification of bid/proposal.
1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the
Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American
Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP,
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RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no
award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or
package must show the hour and date specified for receipt of responses, the solicitation number and title, and the
name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response
Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed
non -responsive.
Directions to City Hall:
FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT,
PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, I BLOCK TURN RIGHT
ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR.
CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the
responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail
delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be
returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions
are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the time and
date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in
writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent
submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed
in a separate envelope, box, or package and each envelope, box or package must contain the information previously
stated in 1.82.A.
1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government.
Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the
fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is
subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all
amendments thereto and shall be paid solely by the Bidder/Proposer.
1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this
contract by written notice to the contractor effective the date specified in the notice should any of the following
apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract.
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B. The City has determined that such termination will be in the best interest of the City to terminate the contract for
its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon
the availability of appropriate funds.
1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a
Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or
defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and
acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law.
1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The
City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within
the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless
otherwise specified in the Special Conditions.
1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the
goods/equipment or used the goods, whichever comes first.
1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to
the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for
"trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from
Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION,"
with your firm's name and the Solicitation number and title marked on the outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person.
By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the
City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attomey's fees incurred by
the City by reason of any legal action challenging your claim.
1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor
any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is
issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed
or goods delivered outside the scope of the contract or any work performed by an employee not otherwise
previously authorized.
1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity
purposes. No advertising, sales promotion or other publicity materials containing information obtained from this
Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City
Manager or the City Commission.
1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must
indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are
not stated on their Response, it will be assumed that the product fully complies with the City's specifications.
Page 25 of 35
Request for Qualifications (RFQ)
356296
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the qualification of Latent Print Examination Services,
as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the
terms, conditions and stipulations of the solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Pablo Velez; fax: (305) 400-5340 or email: pvelez@miamigov.com. The solicitation
title and number shall be referenced on all correspondence. All questions must be received no later than Thursday,
March 21 st, 2013 at 2:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the
form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required
to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms:
(1) The term of the Contract(s) shall be for two (2) years with an option to renew for three (3) additional one (1)
year periods.
(2) The City shall have the option to extend or terminate the Contract.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.5. PRE-BID/PRE-PROPOSAL CONFERENCE
None
2.6. EQUITABLE ADJUSTMENT
The Purchasing Department may, in its sole discretion, make an equitable adjustment in the contract terms and/or
pricing if pricing or availability of supply is affected by extreme or unforeseen volatility in the marketplace, that is,
by circumstances that satisfy all the following criteria: (1) the volatility is due to circumstances beyond the
Page 26 of 35
Request for Qualifications (RFQ)
356296
successful bidder(s) control, (2) the volatility affects the marketplace or industry, not just the particular contract
source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the
successful bidder(s) that continued performance of the contract would result in a substantial loss. Successful
bidder(s) might have to supply documentation to justify any requested percentage increase in cost to the City
of Miami.
2.7. NON -APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal
period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such
occurrence; shall have the unqualified right to terminate the contract without any penalty or expense to the City. No
guarantee, warranty or representation is made that any particular or any project(s) will be awarded to any firm(s).
2.8. MINIMUM QUALIFICATIONS
Individuals interested in responding to this Request for Qualifications:
a) Shall possess a current certification as a Latent Print Examiner from the International Association of
Identification. Proposer must submit proof of current certification with Response.
b) Shall successfully pass a background investigation conducted and paid by the Miami Police Department as part
of the qualifications process and before any work assignments can be made.
c) Shall be familiar with standard search methods such as: Area Search, Major File Search, and Recidivist
Suspects.
d) Must have knowledge of, and be able to work with, the computerized Automated Fingerprint Identification
System (A.F.I.S.). Shall successfully complete a Latent Print Competency Test administered by the Miami Police
Department on an annual basis.
e) Must submit a current resume. The resume must reflect the following information: (1) name(s) of current/past
employer(s), including contact name and telephone number, for whom latent print examination services were
performed; (2) the length of time examiner provided said services for that employer(s); (3) all experience which
reflects Examiner's familiarization with standard search methods such as Area Search, Major File Search, and
Recidivist Suspects; and (4) experience which reflects his/her knowledge of, and ability to work with, the
computerized Automated Fingerprint Identification System (A.F.I.S.) required above. The City reserves the right to
contact any and all references to verify and determine qualifications.
See "Instructions for Submitting a Response: (Submission Requirements)."Submittals that do not respond
completely to all requirements may be considered non -responsive and eliminated from the process.
2.9. INDEPENDENT CONTRACTOR
The Successful Proposer(s) is considered an independent contractor, and neither the Successful Proposer(s) nor any
of its agents, representatives or employees shall be considered an employee of the City
2.10. CONTRACT EXECUTION
Page 27 of 35
Request for Qualifications (RFQ)
356296
The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be
awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or
not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in
the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's
best interests, and will be subject to approval as to legal form by the City Attorney.
2.11. FAILURE TO PERFORM
Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48
hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in
default of the contract or make appropriate reductions in the contract payment.
2.12. INSURANCE (INDIVIDUAL PROPOSERS)
All qualified Proposers shall be exempt from the regularly required insurance of the City. The Administration
Division of the City of Miami Police Department will accept responsibility for monitoring all activities as they relate
to the services rendered by each Qualified Proposer.
Qualified Proposers shall defend, indemnify, save and hold harmless the City, its officers, agents and employees,
from any claims, suits, or actions that may be brought by third parties on account of the performance of the services
required under the Contract by the Qualified Proposers.
2.13. INSURANCE (ENTITY PROPOSERS)
INSURANCE REQUIREMENTS -LATENT PRINT EXAMINATION SERVICES
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property. Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $ 2,000,000
Personal and Adv. Injury $ 1,000,000
Products/Completed Operations $ 1,000,000
B. Endorsements Required
City of Miami listed as additional insured
Contingent & Contractual Liability
Premises and Operations Liability
II. Business Automobile Liability
A. Limits of Liability
Page 28 of 35
Request for Qualifications (RFQ)
356296
Bodily Injury and Property Damage Liability
Combined Single Limit
Owned/Scheduled Autos
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation
Limits of Liability
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$100,000 for bodily injury caused by an accident, each accident
S100,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
IV. Professional Liability/Errors and Omissions Coverage
Combined Single Limit
Each Claim $1,000,000
General Aggregate Limit $1,000,000
Retro Date Included
The above policies shall provide the City of Miami with written notice of cancellation or material change from the
insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all
insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength,
Page 29 of 35
Request for Qualifications (RFQ)
356296
by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its
equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management
prior to insurance approval.
2.14. CONTRACT ADMINISTRATOR
Upon award, contractor shall report and work directly with Latent Print Examiner Supervisor Butcher Rupert, who
shall be designated as the Contract Administrator.
2.15. TERMINATION
A. FOR DEFAULT
If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after
written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice
without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess
cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor
was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or
negligence, the termination will be deemed to be a termination for the convenience of the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in
the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an
agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami
shall be liable only for payment in accordance with the payment provisions of the Contract for those services
rendered prior to termination.
2.16. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation response shall be evaluated or considered,
and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in
transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. If
a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as
part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the
terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be
considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to
this PSA or Agreement.
2,17. PRIMARY CLIENT
The successful proposer(s) agree upon award of this contract that the City of Miami shall be its primary client and
Page 30 of 35
Request for Qualifications (RFQ)
356296
shall be serviced first during a schedule conflict arising between this contract and any other contract successful
proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic
events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or
at approximately the same time.
2.18. ADDITIONAL SERVICES
Services not specifically identified in this request may be added to any resultant contract upon successful
negotiation and mutual consent of the contracting parties.
Page 31 of 35
Request for Qualifications (RFQ)
356296
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
I. Overview
The City of Miami is seeking qualified and experienced individuals to provide Latent Print Examination Services to
the Miami Police Department.
The City contemplates a Contract for two (2) years, with the option to extend for three (3) additional one (1) year
periods. Should additional Latent Print Examiners be required, the City will be authorized to add additional qualified
proposers on an as -needed, when -needed basis throughout the duration of the contract. All qualified proposers shall
be required to execute a Professional Services Agreement (PSA) contract with the City per "Exhibit A" attached to
the Header section of this RFQ.
II. Scope of Services
The Latent Print Examiners, at a minimum, shall meet the following requirements and perform 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 sixteen (16) hours.
2. The Provider shall examine and evaluate latent fingerprints recovered from crime scenes by the 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 Latent Print Examiner Supervisor, or designee, of the Latent Print Detail will be searched.
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 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 and non -identifications made by the Provider will be verified by a second Provider and
transferred to a full time civil service Latent Print Examiner or the Latent Print Examiner Supervisor for
compliance.
5. The Provider shall receive and accept supervision and assignments from a superior in charge of the Latent Print
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. Provider shall verify all identifications/non-identifications made by the full-time latent print examiner(s) and
may attend Federal/State courts, including pre -trials and depositions as deemed necessary by the Latent Print
Examiner Supervisor, the Commander of the Unit, the Major of the Criminal Investigations Section, or the Assistant
Chief of the Criminal Investigations Division.
7. The Provider shall provide the Miami Police Department with completed invoices reflecting the hours worked
and signed by the Provider, Latent Print Examiner Supervisor and Unit Commander.
III. Fee Schedule
The City shall pay each qualified Latent Print Examiner the fee of $50.00 per hour, during the initial two years of
the contract. The hourly rates for the optional extension year(s) may be increased if approved, in writing, by the
Chief of Police, at his/her discretion, for an amount not to exceed a maximum of five percent (5%) per extension
year.
Page 32 of 35
Request for Qualifications (RFQ)
356296
There shall be no reimbursable out-of-pocket or travel expenses.
IV. Work Assignments Identified by the City
All work assignments during the Contract period will be on an as needed basis, complying with notification
requirements. The City offers no guarantee as to the number or frequency of work assignments or the amount of
payments to be received by the Qualified Latent Print Examiners under the terms of the contract.
V. Confidentiality
The Latent Print Examiner agrees to keep confidential all information and data, whether written or oral, obtained
from the City or pursuant to the performance of services on the City's behalf.
VI. Suspension or Termination of Services
Latent Print Examiner shall have the right to suspend or terminate any or all of the services covered under the
Contract upon giving ninety (90) days written notice to the City. The City shall have the right to suspend or
terminate any or all of the services covered by the Contract by notifying the Latent Print Examiner when suspension
or termination is to be effective.
Page 33 of 35
Request for Qualifications (RFQ)
356296
4. Submission Requirements
4.1. SUBMISSION REQUIREMENTS
Proposers shall provide, at a minimum, the following information and documentation with the response to
determine if he/she meets the minimum qualification requirements.
(1) Proof of current certification as a Latent Print Examiner from the Intemational Association of Identification.
(2) Current resume reflecting the following information in order to determine qualifications: (a) name(s) of
current/past employer(s), including contact name and telephone number, for whom latent print examination services
were performed; (b) the length of time examiner provided said services for that employer(s); (c) all experience
which reflects Examiner's familiarization with standard search methods such as Area Searches and Automated
Fingerprint Identification System (A.F.I.S.) Searches; and (d) experience which reflects his/her knowledge of, and
ability to work with, the computerized Automated Fingerprint Identification System (A.F.I.S.) required above.
(3) Acknowledgement of the requirement to successfully complete a paid Familiarization Program to be provided
by the Department, for a period not to exceed sixteen (16) hours.
(4) If available, provide a letter of refence, from at least one (1) entity, attesting to the Proposer's ability to perform
latent print examination services for the City of Miami.
(5) Acknowledgement of the requirement to successfully pass a background investigation conducted by the Miami
Police Department prior to the execution of a Professional Services Agreement (contract).
Failure to provide and/or agree to each of the above may be cause to deem the Proposer non -responsive.
Page 34 of 35
Request for Qualifications (RFQ)
356296
5. Evaluation Criteria
5.1. EVALUATION CRITERIA
Respondents shall be evaluated to determine qualifications for Latent Print Examiner, based on related experience
and information as requested in the Minimum Qualifications section of the RFQ.
The City shall establish a Qualified Proposer's List" for placement of all pre -qualified proposers for Latent Print
Examiner. The names of all pre -qualified proposers shall be submitted to the City Commission for approval.
The City reserves the right to add additional pre -qualified proposers to the list at intervals as determined necessary
by the City throughout the duration of the contract in order to insure availability and expediency of work. Each
proposer who seeks to be added to the list will be evaluated, consistent with the requirements of this RFQ, to
determine qualifications.
Page 35 of 35
Certification Statement
Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and
retain a copy for your files. Prices should include all costs, including transportation to destination. The
City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a
minimum of 180 days following the time set for closing of the submissions.
In the event of errors in extension of totals, the unit prices shall govem in determining the quoted
prices.
We (I) certify that we have read your solicitation, completed the necessary documents, and propose to
furnish and deliver, F.O.B. DESTINATION, the items or services specified herein.
The undersigned hereby certifies that neither the contractual party nor any of its principal owners or
personnel have been convicted of any of the violations, or debarred or suspended as set-in section
18-107 or Ordinance No. 12271.
All exceptions to this submission have been documented in the section below (refer to paragraph and
section).
EXCEPTIONS:
We (I) certify that any and all information contained in this submission is true; and we (I) further certify
that this submission is made without prior understanding, agreement, or connection with any
corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or
service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and
conditions of this solicitation and certify that I am authorized to sign this submission for the submitter.
Please print the following and sign your name:
SUPPLIER NAME- ELZNER BROWN
ADDRESS: 717 BAYTREE DR. TITUSVILLE, FL 32780
PHONE: 321-268-9119
EMAIL; ACEBROWa CFL.RRF OM
SIGNED BY
1'1'1LE' I ATFNT PRINT FXAMINFR
FAX: 321-268-9349
BEEPER.
DA 1t,: 03/14/2013
FAILURE TO COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID.
Page 2 of 35
Certifications
Name of Individual:
ELZNER BROWN
Address of Individual:
717 BAYTREE DR
City, State and Zip:
TITUSVILLE, FL 32780
Mailing Address (if different):
Is a copy of your Certificate as a Latent P • Examiner from the International Association of
Identification, attached to this submittal? - • r No.
Do you agree to submit to and successfully pass, a background investigatio conducted by the Miami
Police Department at the City's cost, as part of the qualification process? es or No
Do you agree to complete, and successfully pass, a paid Familiarization Program be provided by the
Miami Police Department at the City's cost, as part of the qualification Process? e or No
Do you agree to adhere to the Fee Schedule for payment of services as described in Section 3? or
No
Is a copy of your resume, addressing qualitifications and experience, attached to this submittal?
No
Do you c Ty that the above information provided, and its corresponding documentation, is true and
correct? or No
0
Do you understand that any false or misleading information, or the omission of information, as required
by the City, for the purposes eceit or deception, shall be grounds for disqualification from providing
services under this contract? e or No
Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and
Page 3 of 35
date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert
N/A.
Are you providing proof that you possess knowledge of and can utilize the compute •: - ' Automated
Fingerprint Identification System (A.F.I.S.) used by the Miami Police Department r No
Page 4 of 35
International Association for d t o t .
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is dedured qualified ky it eta -it -Wagon liflsrd tithe
International Ass = ai'
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And i Ht raft
retrary of the Board
s 9-" 005/2015
Certi, fLc tton Number Expiration Date
intIznationallitsociation for identifloariar
•EfalitilAg;
is declared quaiiftea--uy Certification hoard of the
• International Ass zoo 3e€ *fcpt on
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And Wendifcesleati thepv-r ofthfs
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2 06/15/2015
Certification Niunber Expiration Date
NAME
TITLE
ADDRESS
CURRICULUM VITAE
ELZNER (ACE) BROWN
FINGERPRINT CONSULTANT
717 Baytree Dr.
Titusville, Fla 32780
Home Phone - 321-268-9119
Cell Phone - 321-698-6912
E-Mail - acebrown@cfl.rr.com
EDUCATION 1978 - Miami Dade Community College
Associate of Science.
EXPERIENCE 1965 —1972 Employed by Federal Bureau of Investigation (FBI)
as a Fingerprint Examiner.
Thirty years with Miami -Dade Police Department Crime Scene
Bureau.
1972 - 1979 Fingerprint Analyst I
1979 -1992 Fingerprint Analyst II (LatentExaminer)
1992 - 2002 Latent Fingerprint Unit Supervisor
2002 - present, Contractual Latent Print Examiner -City of Miami
Ponce Department
EXPERT TESTIMONY Qualified as an expert in the field of Fingerprint Identification in
Federal, State and Municipal Courts of Florida. Expert testimony
also given in the Court of The Virgin Islands.
SPECIALIZED TRAINING Instructor or Attendee of courses and seminars related to the
Science of Fingerprints offered by the Miami -Dade Police
Department, Federal Bureau of Investigations and DeLa Rue
Printrak. Retired Sworn Law Enforcement Officer, Certified
Latent Fingerprint Examiner and Retired Instructor for Police
Standards and Training
PROFESSIONAL
ASSOCIATIONS
Member of: The International Association for Identification (IAI),
The Florida Division of the International Association
For Identification (FDIAI), and The Broward Forensic
Association.
CURRICULUM VITAE
NAME ELZNER (ACE) BROWN
TITLE FINGERPRINT CONSULTANT
ADDRESS 717 Baytree Dr.
Titusville, Fla 32780
Home Phone - 321-268-9119
Cell Phone - 321-698-6912
E-Mail - acebrown@cfl.rr.com
EDUCATION 1978 - Miami Dade Community College
Associate of Science.
EXPERIENCE 1965 —1972 Employed by Federal Bureau of Investigation (FBI)
as a Fingerprint Examiner.
Thirty years with Miami -Dade Police Department Crime Scene
Bureau.
1972 - 1979 Fingerprint Analyst I
1979 - 1992 Fingerprint Analyst II (Latent Examiner)
1992 - 2002 Latent Fingerprint Unit Supervisor
2002 - present, Contractual Latent Print Examiner -City of Miami
Poilce Department
EXPERT TESTIMONY Qualified as an expert in the field, of Fingerprint Identification in
Federal, State and Municipal Courts of Florida. Expert testimony
also given in the Court of The Virgin Islands.
SPECIALIZED TRAINING Instructor or Attendee of courses and seminars related to the
Science of Fingerprints offered by the Miami -Dade Police
Department, Federal Bureau of Investigations and DeLa Rue
Printrak. Retired Sworn Law Enforcement Officer, Certified
Latent Fingerprint Examiner and Retired Instructor for Police
Standards and Training.
PROFESSIONAL
ASSOCIATIONS .
Member of: The International Association for Identification JAI),
The Florida Division of the International Association
For Identification (FDIAI), and The Broward Forensic
Association.
Response: 2054270 (RFI 356296)
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Response: 2054270 (RFI 356296)
Title Request for
Qualifications for
Latent Print
Examination Services
Time Left
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Note to Buyer
Title
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Requirementm
Name of Individual:
Address of Individual:
City, State and Zip:
!Mailing Address (if different):
lIs a copy of your Certificate as a Latent Print Examiner from
the International Association of Identification, attached to
;this submittal? Yes or No.
!Do you agree to submit to and successfully pass, a
;background investigation conducted by the Miami Police
!Department at the City's cost, as part of the qualification
aprocess? Yes or N° ._........_.....,.
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M Almeida, Ivan
Active
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Shortlist Status
04/02/2013 14:00:00
Ivan M. Almeida
Miami
Included
Last
Type,DescriptionCategory !Updated
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;From 03/29/2013 One -
Supplier ;Time
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£Target Response 1 Maximum
Value Value Score Score;;
_Ivan�Marcelo
Almeida
Score;
14433 SW 95
Terrace Miami,
FL
33,186
same as above
;Yes
http://imap 1.riverside.cmgov.net:8003/OA_HTML/OA.j sp?OAFunc=PONRESENQ_VIE... 6/18/2013
Response: 2054270 (RFI 356296)
Page 2 of 2
IDo you agree to complete, and successfully pass, a paid
Familiarization Program to be provided by the Miami Police
;Department at the City's cost, as part of the qualification
:Process? Yes or No _ l
IDo you agree to adhere to the Fee Schedule for payment of
!services as described in Section 3? Yes or Nom
!Is a copy of your resume, addressing qualitifications and
'experience, attached to this submittal? Yes or No
Do you certify that the above information provided, and its
;corresponding documentation, is true and correct? Yes or No
!Do you understand that any false or misleading information,
or the omission of information, as required by the City, for
'the purposes of deceit or deception, shall be grounds for
disqualification from providing services under this contract?
hies or No
;Please list and acknowledge all addendum/addenda
:received. List the addendum/addenda number and date of
:receipt (i.e. Addendum No. 1, 7/1/07). If no
addendum/addenda was/were issued, please insert N/A.
Are you providing proof that you possess knowledge of and
can utilize the computerized Automated Fingerprint
jIdentification System (A.F.I.S.) used by the Miami Police
Department? Yes or No
Total
Contract Terms
Variables
Details Section
No variables found.
Deliverables
03/04/2013
Yes
:Yes
Yes
Yes
NA
:Yes
Clause Variable Description
Value .
"'t Indicates deliverable is overdue < Indicates responsible party failed to perform the
deliverable
Deliverable Name
No deliverables found.
Return to Response History (RFT 356296)
Due Date
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http://imap1.riverside.cmgov.net:8003/OA HTML/OA.jsp?OAFunc=PONRESENQ_VIE... 6/18/2013
IVAN MARCELO ALMEIDA
EDUCATION: GRADUATED FROM THE FLORIDA INTERNATIONAL
UNIVERSITY. BS IN CRIMINAL JUSTICE (1984)
1995 --present CITY OF MIAMI POLICE DEPARTMENT
LATENT PRINT EXAMINER PER CONTRACT
1976-1991 CER1 ir'it.T.) LATENT PRINT EXAMINER TILL RETIREMENT
As Certified Latent Print Examiner; duties were evaluation and
Classification of latent prints submitted by Crime Scene Personnel,
well as any other agency by request with the goal of identify
Them. Included photocopies, xeroxcopies of fingers, fain% foot
And or toe prints; make reports of such findings and testify at
Courts of Justice about them. Acted as Detail Supervisor during
Supervisor's absences, with all its duties.
1974-1976
1954-1959
1946-1954
(2 of 21
City of Miami Police Department.
Crime Scene Detail.
Duties included: respond to radio -dispatch
calls, reference different crimes, get infor
oration from acting Police Officer, process that
scene searching for evidence. After a complete
search, collected: all relevant evidence; make
a report, and attend to Court to testify about
them.
City of Havana, Cuba. National Secret Police.
Identification Duro.- Duties included, (as Sub -
inspector in charge) instruct and supervise all
subordinates, Classify and file all fingerprints
obtained from felony arrests, process all crime -
scenes by request of Detectives,classify.file,
keep records and try to identify all latents
obtained from crime scenes, from our department,
and those requests from.other Departments, make
reports and testify in Courts of Justice, about
them.
City of Havana, Cuba. National Bureau for
Identification. from 1946 to 1948, as on the job
training, -learn from a Technician {trainer)` all
the information given by him/her, and also do all
chores aitigted Whim/her, as process crime -scenes
for evidence, obtain finger-palmprints and some
`times footprints from detained suspects and
elimination -persons•, same as remains at the forge
or wherever they were found. Take photos from laten•
prints and develop/print them. Compare and search
for identification of latent and prints from record
files. Make reports and testify bn Courts of Justice
about the findings.
REFERENCES: To be submitted upon request.
1
ahis certifies that
,c1P11;1, Jlartvii)Affei4
haying complied with aria succeseurly completed
all requirements an tests as set forth by the
cattnt print Tertiftration Non) •
of the
3rituttatiiinal Asor daft= far Ntentificatinn
is hereby ckdare a.qualifie3 as a
Olertifitb Eatent Print Extunintr
as Anesse? on this TeringeritL toe tt S-Jevitg ay
in the year of Our Lora nineteen hunarea and 6•41C157.f
rsairtr f Board
Response: 2054268 (RFI 356296)
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Response: 2054268 (RFI 356296)
Title Reauest for
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Latent Print
Examination Services
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Del Valle, James
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east...__._
;Title ;TypeDescriptionCategory 'Updated
Certificates pdfFile From 03/29/2013
_.._._ Supplier
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04/02/2013 14:00:00
3DV Forensic Services Inc
PEMBROKE PINES
Included
Requirements
Shovel All Details Hide All Details
DetailsSection
;-aide !General
Requirements
!Requirement
(Name of Individual:
Address of Individual:
ity, State and Zip:
;Mailing Address (if different):
Is a copy of your Certificate as a Latent Print Examiner
from the International Association of Identification,
attached to this submittal? Yes or No.
Do you agree to submit to and successfully pass, a
'background investigation conducted by the Miami Police
!Department at the City's cost, as part of the qualification
l
lUsage Update Delete;
One -
Time
Maximum Score
01
:Target :Response
;Value Value
James Del Valle
JDV Forensic
Services Inc.
1874 NW 100
Way Pembroke
Pines, FL
33,024
;Same
;Yes
Yes
Score;
0
Maximum;
Score Score
http://imap 1.riverside.cmgov.net:8003/OA_HTML/OA.j sp?OAFunc=PONRESENQ_VIE... 6/18/2013
!process? (
Doynu agree tocomplete, and successfully pass, a paid
Familiarization Program to be provided by the Miami Police
Department at the [ity's cost, as part ufthe qualification
!Proccss7Yes or No /
'Do you agree to adhere to the Fee Schedule for payment
iof services as described in Section 3? Yes or No
Js a copy of your resume, addressing qualitifications and
i1experience, attached to this submittal? Yes or No
!Do you certify that the above information provided, and its
[corresponding documentation, is true and correct? Yes or
No
'Do you understand that any false or misleading
'information, or the omission of information, as required by
ithe City, for. the purposes. of deceit. or deception, shall be
,grounds for disqualification from providing services under
:this contract? Yes or No
Please list and acknowledge all addend um/addencla
Ireceived, List the addendum/addenda number and date of
jacclenclum/addencla was/were issued, please insert N/A.
,Are you providing proof that you possess knowledge of and,
,can utilize the computerized Automated Fingerprint
i1clentification System (A.F.I.S.) used by the Miami Police
'Department? Yes or No
|
�
O3/29/2O1]
,
�-------�> ---�
I
Contract Terms
Variables
Detaills 'Section
'No variables found.
/
Deliverables
/A Indicates deliverable isoverdue
deliverable
.Deliverable Name
-ables found.
.No delivet
Return hoResponse History (RFI356Z96)
Requisitions NeUoUaUoms
Privacy Statement
X Indicates responsible party failed to perform the
,Due Date
Alert U date
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}
sortat oriatin
440v.-
‘4017.frgli. vg
• having, .complied with and successfully cthnpleted
all requirements tintests as set forth by the
Eattut Ficittt (gatifiration- Routh
4 qf the
'3intentationa1 Aoauriation -fur ..iiiitutifiratitin
is hereby declared, ilalified as a
Tertifia - patent Itint Examintr
as witnessed on this -31fillruarti tip fifttritit day
ititteVEDtU
rd•fifneteeif aid
in• the year' 61 Cr
Secretary-greaurer o
CURRICULUM VITAE
NAME OF CORPORA"lTh (IDV FORENSIC SERVICES fNC. DATE 3/26/1.3
NAME JArEs DEL VALLE
JOB TITLE PRESIDENT / CEO, JDV FoRmsic SERvtcEs Nc
EDu ATICN r Jol-iN JAY Crime JLATicE COLLEGE, 48 auDrrS zc i 1972 - 1975
TRAWL a
FBI LA r .ENFORCEMENT OFFICERS TRAINING SCHOOL, (BASIC LATENT FINGER PRINT TEcHWK s)1983.
SPONSORED BY New Yoim CrrY POLICE DEPARTMENT.
FBI LAW ENfoRCEruxr OFFICERS TRAINING SCHOOL, (ADVANCED LATENT 'Barr TECHNKUS) 19H4.
SPONSORED BY NEW Yaw CrrY POLICE DEPARTMENT.
FD1A1 EDucATIoNAt TRANNG CONFERENCE 1997
FD1A1 39Th THRu ANNUAL TRAmNp Cor✓ s,1998 - 2000
IA1 lr1TERNA11ONAL EDUCATIONAL CO E RENICE 2001
QuAlm AssuRAracE AaDrroti TiANNG 2003
DEMYSTIFY-NG PALM PRINTS COURSE 2003
MiaaosoFr POWER Poa'rr COURSE 2004
FBI FNcErRPIRINr CLAssn =CATION COURSE 2005
BASIC EXCEL. Mc FA I I tit TECHNICAL cir'rmR. DAVE FL. 2006
FDUAI EDUCATIONAL COM3iENCE 2007
COMPLEC LATENT- PRINT EXAMINATION COURSE 2009
CPR / AID & BLOOD BORNE PATHOGENS CERTIFICATION
kasTRucroR FOR THE BROWARD SHERIFF'S 0i-1L TRAINING DIVISION CRIME SCEaE iNVEST}GATIVE AIDE
Ac 'w w 2010
ANALYSIS of D1sro rnow N LATENT PRtt,rrs 2011
SaNTIFIc ANALYSIS: APPLYING ACE - V AND DALIEERT TO TESTIMONY 2012.
ADVANCED RmcEoLoc' SCE WORKSHOP 2013
CouaTRooM EXPE R
EVERT TESTIMONY REIVERED TO THE NEW YORK Cr1Y, LOCAL CRIMINAL COURTS, STATE CRIMINAL
COURTS A.IaD THE FEDERAL COURTS WM-IN THE STATE AND CITY OF NEW YoRtG
EXPERT TESTIMONY RENDERED TO THE FLORIDA LOCAL CRIMINAL COURTS, STATE CRIMINAL COURTS AND
Tt-1E FEDERAL QRtiNAL COURTS.
PROFESSIONAL AFFILIATIONS:
FLORIDA INTERNATIONAL ASSOCIATION FOR IDENTF1CATION'FDIAD MEMBER SINCE 1997
INTERNAT1oNAL ASSOCIATION FOR 1D€NTfl 9CATION (IAD MEt'B€R SNCE 1997
EMPLOYMWF HISTORY:
Fount AND PRESIDENT OF JDV FatErrsrc sErtvrcEs avc. 2011.
MIAru POLICE DEPARTMENT. INVESTIGATION SECTION / LA-rtrrr PRE (r DETAIL.
PRNNO PAL DUTIES: ANALYSIS. EVALUATION AND COMPARISON OF LATENT PRNT EVDEN E UNDER A
coN RAcruAL AGREEMENT WITH THE CITY OF Mara AND .L V FORENSIC SERVEEs. 2008 TO PRESET •
Jog TrT E SENIOR. LATarr Pallor BUMPER. EMPLOYETc BROWARD Si- F's OfncE CRIME
LABORATORY.
PRINCIPAL DUTIES. THE .ANALYSIS.- EVALUATION COMPARISON OF LATENT PRINT EVEDENCE REPORT THE
FINDNGS OF TEE ANALYSIS TO ATTEST TO TEE RESULT IN ACOURT OF LAW
INTERVIEW PANELIST FOR ENTRYLEVEL, CAN:OATES TO TI-E BROWARD St-MIFF'S OFFICE CRI E L.
LATENT PRNNT SECTION.1999 — 2011.
Jog TITLE LATErrr PRNn- EXAP mft EMPLOYER: ST. PET RSBURG POLICE DEPARTMENr
LATENT PRINT UNIT: 1998 —1999.
JOB TrTLC LATENT PRtf'rr D ANTER EVFLOYEW PI,ELLAS COUNTY SI-ERWE'S OFFICE
LATENT PRINT UNIT. 1997— —1998
Joe Trn E: SERCFAN f / DETECENE Fr1PLOYEt: IstW Yam CITY POLICE DEPARTrfNr
PRINCFAL DUIIES. SUPERVISOR OF THE LATENT PRINT UNIT MAJOR Gt E SECTION AS WELL AS
SU?ERvIsING THE BOROUGH SATE1LTfE. LATENT PRINT UNrr's. UNDER THE COMMAND AND CONTROL OF
THE DETECTIVE BuRFAu. 1972 —1996
OTHER QUALIFICATIONS :
INSTRUCTOR / TRAINING SERGEANT FOR NEW PERSONNEL TO THE LATENT PRINT UNIT (NYPD)
LIAISON BETWEEN ThE FEDERAL BUREAU OF iNVFSnGATION AND THE NEW YoRx Cmr POLICE DEPARTMENT
IN THE PREPARATION OF CONCURRENT CASES FOR COURT PRESENTATION.
CERTEICk110 s:
CERTLFED LATENT PRINT EXAMINER BY TEE $JTFRNATIONAL ASSOCIATION FOR bEINTFICATION. 1996