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Professional Service Agreement
PROFESSIONAL SERVICES AGREEMENT By and Between The City of Miami, Florida and Foray Technologies, LLC. This Professional Services Agreement ("Agreement") is entered into this b day of Ib r \ , 2009-by and between the City of Miami, a municipal corporation of the State of Florida, whose address is 444 S.W. 2nd Avenue, 10th Floor, Miami, Florida 33130 ("City"), and Foray Technologies, a California Limited Liability Company (LLC) qualified to do business in Florida whose principal address is 3911 5th Ave, Ste 300, San Diego, CA 92103 ("Provider"). RECITALS: WI-IERBAS, the City issued Request for Proposals No. 127103 on March 13, 2009, ("RFP"), which is attached hereto as Exhibit "A" and incorporated herein by reference for the provision of professional services ("Services") as more fully set forth in the Scope of Work ("SOW"), which is attached hereto and incorporated herein by reference as "Exhibit B" for the implementation of a Law Enforcement Digital Photo Lab System (collectively, the "System"), also as set forth in Exhibit "B", and Provider submitted a response to the RFP (the "Response"), which is attached hereto as Exhibit "C" and incorporated herein by reference; and WHEREAS, the Evaluation Committee appointed by the City Manager recommended that the Proposal submitted by the Provider was ranked highest, in the best interest, and most advantageous of the City and recommended that the City Manager negotiate with the Provider; and WHEREAS, the City wishes to engage the Services of the Provider to provide the System, and the Provider wishes to perform the Services for the City and to provide the System; and Professional Services Agreement —Foray Technologies — RPP 127103, Law Enforcement Digital Photo Lab System 1 WHEREAS, the City and Provider desire to enter into this Agreement under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Provider and the City agree as follows: TERMS: 1. RECITALS AND INCORPORATIONS; DEFINITIONS: A. The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The City's RFP is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Services and System are hereby incorporated into and made a part of this Agreement as attached Exhibit "B". Provider's response dated August 13, 2009, is hereby incorporated into and made a part of this Agreement as attached Exhibit "C". The Provider's Insurance Certificate is hereby incorporated into and made a part of this Agreement as Exhibit "D." The Provider's Cost Proposal is hereby incorporated into and made a part of this Agreement as Exhibit "E". The Provider's Software License Agreement is hereby incorporated into and made a part of this Agreement as Exhibit "F". The Provider's Software Support and Service Agreement is hereby incorporated into and made a part of this Agreement as Exhibit "G", The order of precedence whenever there is conflicting or inconsistent language between documents is as follows: (1) Professional Services Agreement with the Scope of Work and all other relevant agreements; (2) Addenda/Addendum. • to the Request for Proposals; (3) Request for Proposals; and (4) Foray Technologies' response to the Request for Proposals. Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 2 2. TERM; RENEWAL: A. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect for an initialterm of one (1) year as outlined in the Scope of Work. The City may extend the term of this Agreement as deemed necessary at its sole discretion until it is determined by the City that the System has been successfully implemented by the Provider. 3. SCOPE OF SERVICES: A. Provider agrees to provide the Services as specifically described, and subject to the special terms, conditions, budget and schedule set forth in Exhibit B describing the Services and System, which by this reference is incorporated into and made a part of this Agreement. All formats for the Services and System are to be as directed in writing from time to time by the City's Project Manager. B. Provider represents to the City that: (i) it possesses all qualifications, licenses and expertise required for the performance of the Services and the System, including but not limited to full qualification to do business in Florida; (ii) it is not delinquent in the payment of any sums due the City, including payment of permits, fees, occupational licenses, eto., nor in the performance of any obligations to the City, (iii) all personnel assigned to perform the Services for the System are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each; (iv) the Services for the System will be performed in the manner, at such times, and for the budgeted amounts described in Exhibit "B", and (v) each person executing this Agreement on behalf of Provider has been duly authorized to so execute the same and fully bind Provider as a party to this Agreement. Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 3 C. Provider's authorized Project Manager ("Project Manager") shall be Donnie McFall. Should the Project Manager deemed acceptable by the City leave Provider's firm for any reason, the City reserves the right to accept or reject any change of Project Manager and/or any other proposed Project Manager. Provider shall give at least sixty (60) days advance written notice to City of any intent to change the Project Manager. City shall have the right to receive pertinent information about the proposed individuals at the time of such notice of intent to change. In the event that Provider changes the Project Manager, it is the intent of the parties to this Agreement that the City should not be penalized by such change; accordingly, Provider agrees to provide any and all such replacement Project Manager(s) to City free of charge during a three (3) week transition and ramp up period. D. Provider shall at all times provide fully qualified, competent and physically capable employees to perform the Services under this Agreement. City may require Provider to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement is not in the best interest of the City. Each of Provider's employees shall have and wear proper identification. 4. COMPENSATION: A. Provider will invoice the City pursuant to the fee schedule defined in Exhibit "E". (i) The City will pay for 40% of the Grand Total amount shown in Exhibit "E" when milestones one (1) through eight (8) have been completed in the Provider's Implementation Schedule (page 38 of Exhibit "B"). (ii) The City will pay for 40% of the Grand Total amount shown in Exhibit "E" when milestones nine (9) through thirteen (13) have been completed in the Provider's Implementation Schedule (page 38 of Exhibit "B"). (iii) The City will pay for 20% of the Grand Total amount shown. in Exhibit "E" when milestone fourteen (14) has been completed in the Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 4 Provider's Implementation Schedule (page 39 of Exhibit "B"). In addition, the City will also pay for Years 2 to 6 of the Annual Support for ADAMS Software, in the amount of $23,975.00, which the first year is included at no additional cost. B. Payment shall be made in arrears based upon work performed to the satisfaction of the City within forty-five (45) days after receipt of Provider's invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed so as to comply with the "Florida Prompt Payment Act", §218.70. 218.79, Florida Statutes, and other applicable laws. No advance payments shall be made at any time. C. If Provider is entitled to reimbursement of expenses (if set forth in the SOW with travel and other expenses delineated as a specific item of compensation), then all bills for travel and other expenses shall be submitted in accordance with Section 112.061, Florida Statutes, and shall be accompanied by sufficient supporting documentation and contain sufficient details, as may be reasonably required by the City, to allow a proper audit of Provider's travel and other expenses, should City require one to be performed. D. Provider agrees and understands that (i) any and all subcontractors providing Services for the System related to this Agreement shall be paid through Provider and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subcontractors for any of the Services related to this Agreement shall be borne solely by Provider. Professional Services Agreement —Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 5 5. OWNERSHIP OF DOCUMENTS; CONTENT PROVIDED TO PROVIDER; INTELLECTUAL PROPERTY RIGHTS & SECURITY; USE OF MEDIA MANAGEMENT SOFTWARE: A. Provider understands and agrees that any information, document, report or any other material. whatsoever ("Information") which is given by the City to Provider, its employees, or any subcontractor, 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 the City Manager, which may be withheld or conditioned by the City Manager in his sole discretion. Provider is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if Provider determines copies of such records are necessary subsequent to the termination. of this Agreement; however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Agreement. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: Provider agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, and records of Provider which are directly pertinent to this Agreement, for the purpose of audit, examination, excerpts, and transcripts. The City rnay, 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 and inspect, or cause to be audited and inspected, those books, documents, papers, and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain any and all such books, documents, papers, and records at its principal place of business for a period of three (3) Professional Services Agreement — Foray Technologies —RFP 127103, Law Enforcement DIgital Photo Lab System 6 years after final payment is made under this Agreement and all other pending matters are closed. Provider's failure to adhere to, or refuse to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. 7. AWARD OF AGREEMENT: Provider represents to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement 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 receipt of an award of this Agreement. 8. PUBLIC RECORDS: A. Provider understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, 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 laws. 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. B. Should Provider determine to dispute any public access provision required by Florida Statutes, then Provider shall do so at its own expense and at no cost to the City. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agree to comply with and observe all such applicable federal, state and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time, Professional Services Agreement — Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 7 Q Provider further agrees to include in all of Provider's agreements with subcontractors for any Services related to this Agreement this provision requiring subcontractors to comply with and observe all applicable federal, state, and local laws rules, regulations, codes and ordinances, as they may be amended from time to time, 10. INDEMNIFICATION: Provider shall indemnify, defend and hold harmless the City and its officials, employees, and its designated third -party administrator for claims (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 negligent performance or non-performance of the Services contemplated by this Agreement (whether active or passive) of Provider or its employees or subcontractors (collectively referred to as "Provider") which is directly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive or in strict liability) of the Indemnities, or any of them, or (ii) the failure of the Provider to comply materially with any of the requirements herein, or the failure of the Provider to conform to statutes, ordinances, or other regulations or requirements of any governmental authority, local, federal or state, in connection with the performance of this Agreement. Provider expressly agrees to indemnify, defend and hold harmless the Jndernnitees, 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. Provider further agrees to indemnify, defend and hold harmless the Indemnitees Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 8 from and against (i) any and all Liabilities imposed on account of the violation of any law, ordinance, order, rule, regulation, condition, or requirement, related directly to Provider's negligent performance under this Agreement, compliance with which is left by this Agreement to Provider, and (ii) any and all claims, and/or suits for labor and materials furnished by Provider or utilized in the performance of this Agreement or otherwise. In the event that any third party asserts claims against the Provider and/or the Indemnitees for which Provider is defending the Indemnitees relating to the Services, Provider shall have the right to select its legal counsel for such defense, subject to the approval of the City, which approval shall not be unreasonably withheld. It is understood and agreed that in the event that counsel selected by Provider charges rates greater than those customarily paid by the City at the time that such claim is asserted, but in no event less than $250.00 per hour, the parties shall, in good faith, attempt to agree upon such rates or upon an allocation of payment of such rates. In the event that the third party claim for which Provider has provided or paid Indemnitees defense results in a finding of fault on the part of the Indemnitees, then the City shall reimburse Provider the cost of the Indemnitees defense to the extent of such finding of fault. This section shall be interpreted to comply with Sections 725.06 and/or 725.08, Florida Statutes. Provider's obligations to indemnify, defend and hold harmless the Indemnitees shall survive the termination of this Agreement. Provider understands and agrees that any and all liabilities regarding the use of any subcontractor for Services related to this Agreement shall be borne solely by Provider throughout the duration of this Agreement and that this provision shall survive the termination of this Agreement. Professional Services Agreement —Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 9 11. DEFAULT: If Provider fails to comply materially with any term or condition of this Agreement, or fails to perform in any material way any of its obligations hereunder, and fails to cure such failure after reasonable notice from the City, then Provider shall be in default. 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. 12. RESOLUTION OF AGREEMENT 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 Twenty - Five Thousand Dollars and No/Cents ($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) it has first received City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars and No/Cents ($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 procedure set forth in this section by written instruments, signed by the City Manager. Professional Services Agreement --Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 10 13. TERMINATION; OBLIGATIONS UPON TERMINATION: A. The City, acting by and through its 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 sixty (60) calendar days prior to the effective date of such termination. In such event, the City shall pay to Provider compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Provider for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable 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 a material default hereunder. In such event, the City shall not be obligated to pay any amounts to Provider for Services rendered by Provider after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Provider for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. C. This Agreement may be terminated, in whole or in part, at any time by mutual written consent of the parties hereto. In such event, the City shall not be obligated to pay any amounts to Provider for Services rendered by Provider after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Provider for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. Professional Services Agreement — Foray Technologies — RFP 127103, Law ) nforcement Digital Photo Lab System 11 r� D. This Agreement may be terminated, in whole or in part, by either party if there has been a material default or breach on the part of the other party in any of its representations, warranties, covenants, or obligations contained in this Agreement and such default or breach is not cured within ninety (90) days following written notice from the non -breaching party. In such event, the City shall not be obligated to pay any amounts to Provider for Services rendered by Provider after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to Provider far any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. 14. INSURANCE: A. Provider shall, at all times during the teen hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit "D" and incorporated herein by this reference. The City RFP number and title of the RFP must appear on each certificate of insurance. The Provider shall add the City of Miami as an additional named insured to its commercial generalliability and auto policies and as a named certificate holder on all policies. Provider shall correct any insurance certificates as requested by the City's Risk Management Adnlini.strator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in force and effect andproviding that it will not be canceled, modified, or changed during the performance of the Services under this Agreement without thirty (30) calendar days prior written Professional Services Agreement --Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 12 notice to the City Risk Management Administrator. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. B. If, in the reasonable judgment of the City, prevailing conditions in the insurance marketplace warrant the provision by Provider of additional One Million Dollars ($1,000,000) of professional liability insurance coverage, the City reserves the right to require the provision by Provider of up to such additional amount of professional liability coverage, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of additional coverage within thirty (30) days following the City's written notice, this Agreement shall be considered terminated on the date the required change in policy coverage would otherwise take effect. C. Provider understands and agrees that any and all liabilities regarding the use of any of Provider's employees or any of Provider's subcontractors for Services related to this Agreement shall be borne solely by Provider throughout the term of this Agreement and that this provision shall survive the termination of this Agreement. Provider further understands and agrees that insurance for each employee of Provider and each subcontractor providing Services related to this Agreement shall be maintained in good standing and approved by the City Risk Management Administrator throughout the duration of this Agreement. D. Provider shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System . 13 of this Agreement and any extension hereof, Provider shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator at a minimum of ten (10) calendar days in advance of such expiration. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator; or (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek re -procurement damages from Provider in conjunction with the violation of the terms and conditions of this Agreement. E. Compliance with the foregoing requirements shall not relieve Provider of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Provider represents to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination 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 deniedservices, or be subject to discrimination under any provision of this Agreement. Professional Services Agreement — Foray Technologies•—RFP 127103, Law Enforcement Digital Photo Lab System 14 16. ASSIGNMENT: This Agreement shall not be assigned by Provider, in whole or in part, and Provider shall not assign any part of its operations, without the prior written consent of the City, which may be withheld or conditioned, in the City's sole discretion through the City Manager. Provider may not change or replace sub -contractors performing work under the Scope of Services identified in Exhibit "B" without the prior written consent from the City Manager. 1.7. 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: Foray Technologies Attention: Donald McFall 3911 5th Ave, Suite 300 San Diego, CA 92103 With Copies to: TO THE CITY: Pedro G. Hernandez City Manager 444 SW 2nd Avenue, 10th Floor Miami, Florida 33130 Lazaro R. Fernandez, Forensic Investigations Supervisor Miami Police Department 400 N.W. 2nd Ave, Room 518 Miami, FL 33128 Julio 0. Bru, City Attorney Office of the City Attorney 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 LeeAnn. Brehm, Director Risk. Management Department 444 S.W. 2nd Ave., 9th Floor Miami, FL 33130 Professional Services Agreement —Foray' Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 15 18. MISCELLANEOUS PROVISIONS: A. This Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably waive any rights to a jury trial.. 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 the 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. Provider shall comply with all applicable laws, rules and regulations in the performance of this Agreement, including but not limited to licensure, and certifications required by law for professional service providers. Professional Services Agreement -Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System . 16 F. 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. Except as otherwise set forth in § 18(D) above, the City Manager shall have the sole authority to extend, to amend or to modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 20. INDEPENDENT CONTRACTORS: Provider has been procured and is being engaged to provide Services to the City as an independent contractor, and not as an agent or employee of the City. Accordingly, neither Provider, nor its employees, nor any subcontractor hired by Provider to provide any Services under this Agreement shall 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, its employees, or any subcontractor hired by Provider to provide any Services hereunder, and Provider agrees to provide or to Tequire subcontractor(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Provider rendering Services to the City under this Agreement. Provider further understands and .agrees that Provider's or subcontractors' use or entry upon City properties shall not in any way change its or their status as an independent contractor. Professional Services Agreement — Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 17 21. 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 written notice. 22. FORCE MAJEURE. A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performance of any act or obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal to the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration of the delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force Majeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 23. CITY NOT LIABLE FOR DELAYS: Provider hereby understands and agrees that in no event shall the City be liable for, or responsible to Provider or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever Professional Services Agreement --Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 18 related thereto, because of any injunctionor other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 24. USE OF NAME: Provider understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. Provider is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Provider agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, Provider hereby certifies to City that individual member of Provider, no employee, and no subcontractor under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Provider hereby represents and warrants to the City that throughout the term of this Agreement, Provider, its employees and its subcontractors will abide by this prohibition of the City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Provider and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. 27. SURVIVAL: All obligations (including but not limited to indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. Professional Services Agreement —Foray Technologies --RPP 127103, Law Enforcement Digital Photo Lab System 19 28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Provider hereby certifies, represents and warrants to City that on the date of Provider's execution of this Agreement and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation. to 'Provider under this Agreement are and will continue to be accurate, complete, and current. Provider understands, agrees and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS: This Agreement may be executed in three or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. 30. 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, Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 20 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. OFFICIAL SEAL NICHOLAS KURZ NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES:02123110 AT I EST: Print Name: ` �., d Prinf Name: David L. Witzke Title: v f<t,. Title: Vice President, Program Management (Authorized Corporate Officer) "Provider" Foray Technologies a Limited Lia ity Company, qualified to do business in ofida ATTEST: Prisci la A. Thompson, City Clerk By: "City" CITY OF corporati By: a municipal Pedro G. Hernandez, City Manager • APPROVED AS TO FORM AND APPROVED . S TO INSY7RANCE CORRECTNESS: REQUIREMENTS: i Julie O. Bru kut� LeeAnn $>rehm City Attorney ((/,Risk Management Director Professional Services Agreement — Foray Technologies —12FP 127103, Law Enforcement Digital Photo Lab System 21 EXHIBIT A Request for Proposal No. 127103 and All Addenda thereto Professional Services Agreement —Foray Technologies — PFP 127103, Law Enforcement Digital Photo Lab System 22 City of Request for Proposals (RFP) Purchasing Department Glenn Marcos, CPPO, CPPS, Director/Chief Procurement Officer Miami Riverside Center 444 SW 2nd Avenue, 6ih Floor Miami, Florida 33130 Web Site Address: http://miamigov,00m/proouremenf RFP Number: Title: Issue Date/Tine: RFP Closing Date/Tizne: Pre -Bid Conference: Pre Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 0 127103 Request for Proposals for Law Enforcement Digital Photo Lab System 13-MAR-2009 04/15/2009 @ 14:00:00 5:00 PM EST on Tuesday, March 31, 2009 Gonzalez, Yusbel City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US • YGonzalez@ci.zniami.fl.us (305) 400-5104 Page 1 of 38 Certification Statement Please quote :on this form, if applicable, net prices for the itern(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 mum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shalt 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, .0. . DESTINATXON, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have bean 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 (1) 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 (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the subinitter. Please print the followin.g and sign your name: SUPPLIER NAME• ADDRESS' PHONE: FAX: EMAIL BEEPER' SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM STALL DISOUALTPY THIS DID. Page 2 of 38 Certifications Legal Name of Firm,: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Locatibnr City of Miami, Ivlzazui-Dada County, or Other Business Address: City, State, and Zip Code: Telephone Number: Fax Number: E-mail Address: Occupational License Number Occupational License Issuing Agency: Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement": (Yes or No) Page 3 of38 i 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 120 days following the time set for closing of the submissions. Irr the event of errors in extension of totals, the runt 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 (1) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the subrnitter. Please print the following and sign your name: SUPPLIER NAME. Foray Technologies ADDRESS: 3911 5th Avenue, Suite 300, San Diego, CA 92103 PHONE: 619-858-1360 ext .521 EMAIL: dmclai1C-6g11ray. com SIGNED BY: r I r TITLE Sales Representative y PAX. 619-858-1366 BEEPER: NIA Donald McFall DATE: April 13, 2009 FAILURE TO COMPLETE, SIGN, AND RETURN THIS FARM SHALL DISQUALIFY THIS 13ID, Page 2 of 38 Certifications Legal Name of Firm: Foray Technologies, LLC Entity Type: Partnership, Sole Proprietorship, Corporation, etc. LLC Year Established: 2003 Office Location: Czty olMiami, .Miariu=Dade'Cottnty; or Otiler- - • ----- San Diego, CA Business Address: 3911 5th Avenue, Suite '300 City, State, and Zip Code: San Di.ego, CA 92103 Telephone Number: - 619-858-1360 ext. S21 Fax Number: 619-858-1366 E-mail Address: dmcfall@foray. com Occupational License Number: B2004016451 (City of San DiegoCert±ficate of Payment of Business Tax) Occupational License 7:s.suing Agency: City of San Diego, CA Occupational License Expiration Date: 11/30/2009 Respondent certifies that (s) be has read and understood the provisions of City of Miami Ordnance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.": (Ye ar No) Page3 of38 Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes oz N{�'o) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. • Will .Subcontractor(s) be used? (Yes or No) Provide brief description of the project or service to be provided Provide the City of Miami's Police Department with a Law Enforcement Digital Photo Lab System. Page 4 of 38 Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this voth? please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this award of a Contract. Will Subcontractor(s) be used? (Yes or No) Provide brief description ofthe project or service to be provided Page 4 of 38 Linne:1 Description: Law Enforcement Digital Photo Lab, Pursuant to Section 3, Scope of 'Work Category: 65578-56 'Unit of Measure: Each Unit Price: $ Number ofUnits:1 Total: $ Pages of38 Request for Proposals (R'F'P) 127103 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Speoial Conditions 25 2.1. PURPOSE 25 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 25 2.3. NON -APPROPRIATION OF FUNDS 25 2.4. CONTRACT EXECUTION 25 2.5, PROPOSER'S MINIMUM QUALIFICATIONS 25 2.6. FAILURE TO PERFORM 26 2.7. INSURANCE REQUIREMENTS 26 2,8, CONTRACT ADMINISTRATOR 27 2.9. USE OF PREMISES 27 2.10. DAMAGES TO PUBLIC/PRIVATE PROPERTY 27 2.11. WARRANTY, FITNESS FOR PURPOSE 27 2.12. COMPLETE PROJECT REQUIRED - 28 2.13. SPECIFICATION EXCEPTIONS 28 2.14. SAFETY MEASURES 28 2.15. ADDITIONAL TERMS AND CONDITIONS 3 2.16. PRIMARY CLIENT (FIRST PRIORITY) 28 2.17. CHANGES/ALTERATIONS 29 2.18. METHOD OF PAYMENT 29 2.19, COMPENSATION PROPOSAL 29 2.20. LIFE CYCLE COST .29 2.21. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 29 2.22, ADDITIONAL SERVICES 30 2.23. RECORDS 30 3. Specifications 31 3.1. SPECIFICATIONS/SCOPE OF WORK 31 4, Submission Requirements 36 4.1, SUBMISSION REQUIREMENTS 36 5. Evaluation Criteria 38 5.1. EVALUATION CRITERIA 38 Page 6 of38 Request for Proposals (RFP) 127103 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 $25,000.00 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/procurernent. 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 alternate 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 pri or written consent, 1.7. ATTORNEY'S FEES- In connection with any litigation, mediation and arbitration arising out of this Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through and including appellate litigation and any post judgment proceedings. 1,8. AUDIT RIGIITS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable threes 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 Page 7 of 38 Request for Proposals (RFP) 127103 three (3) years after the City makes final payment and all other pending natters 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 bidders)/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 frorn and make its own payments, determine shipping tents 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 Workplaoe 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 tern of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may eitherbe a purchase order, notice of award and/or contract award sheet. B. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract tenn in order to provide City deparbnents 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 tern shall conolude upon completion of the expressed or implied warranty periods. . 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. 510 BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to de 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 0 Request for Proposals (RFP) 127103 contract/agreenient.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 fonns 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, modals, 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 ofbid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and snake 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 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 department, 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 subjeot 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, Page 9 of 38 Request for Proposals (RFP) 127103 33, 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, I), Euviromnent 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 Formal Solicitation. 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 an Prompt Payment, M. First Source Hiring Agreement, City Ordinance No, 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a . condition precedent to the execution of service contracts including professional services. 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 MB after advertisement and terminates at the dine 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 cornnunication regarding RFPs, RFQs, RFLI or IF13s (bids) between, among others: 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 cornrnunications: oral communications with the City purchasing staff, provided the conununication 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 theeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; ox 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 IFS (bid) docurnents (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 oonurrunications 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 wade available to any person upon request. Written communications may be in the fore of e-nail, 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 way file a oornplaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification, Request for Proposals (RFP) 127103 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,'nertify 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 stook in your firm. 1.23...COPYRIGHT ORPATENT 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 X3Y 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 Bi dder(s)/Prop os 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 fox 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 a -ward 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 fox 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 other offense 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 teams 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 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. Requdst for Proposals (RFP) 127103 (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 Contraotual 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 sat 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 ox 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 suboontraetors, 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 terns of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or malting an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordanoe 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 inctuxed 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 front any monies due or which may become due on this Contract, • 1,28. DETERIIIINATION 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 dootunentation, 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 TERIVI OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise speoifled in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidders)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a 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. Request for Proposals (RFP) 127103 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 Cdnditions 4) General Terms and Conditions 1.31.. EMERGENCY /DISASTER PERFORMANCE - Inthe. event of a hurricane or.other emergency or disaster situation, the successful vendor shall provide the City with the conunodities/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 RPLIs, 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 Fornial Solicitation. 1.34. EVALUATION OF RESPONSES A.Rej action 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 confonn 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 contractaiiay not be awarded to any person or from 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, Page 13 of 38 Request for Proposals (RFP) 127103 C. Determination ofR.esponsibility.. - 1) Responses will only be considered from entities who axe 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. 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 Ponta! 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. FIRST -SOURCE HIRING AGREEMENT (Sec.18-105) (a) The Commission approves hnplementation of the first -source hiring agreement policy and requires as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants and loans, for projects of a nature that create new jobs, the successful negotiation of first -source hiring agreements between the organization or individual receiving said contract and the authorized representative unless such an agreement is found infeasible by the city manager and such finding approved by the City Corrnnission at a public hearing, (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds, Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (TJDAO), economic development agency construction loans, loans from Mianai Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without lmitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (e) The authorized representative shall negotiate each first -source hiring agreement. (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city Page 14 of 38 Request for Proposals (RFP) 127103 training and employment programs, and otherresidents of the city. 1.39. FLORIDA MINIMUM WAGE .. The Constitution of the State of Florida, Article X, Section 24, statesthat 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' suboontraotor(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. Bach adjusted minimum wage rate calculated shall be determined atid published by the Agency Workforce•Jnnovation 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®), job description(s); aiid current pay rate(s). 'Failure to -submit this information at the time of • submitting a response constitute successful bidder's/proposers 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. 1.40 CITY OF MIAMI LICVING WAGE ORDINANCE.. The City of Miami adopted a living wage ordinance for city service contracts awarded by the city containing a total contract value exceeding $100,000 annually for the following services; food preparation and/or distribution; security services; routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and recycling; clerical or other non -supervisory office work, whether temporary or permanent; transportation and parldng services; printing and reproduction services; landscaping, lawn, and or agricultural services. If this solicitation requires the aforementioned services, effective on April 1, 2008, contractors must pay its' employees a living wage no less than $11.21 an hour with a health benefit plan and not less than $12.46 an hour without health benefits, which shall be adjusted annually by no later than April 1st following the • publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from time to time. A. service contractor is defined as any "for profit" individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of the city's general funds, capital project funds, special revenue funds, or any other funds either directly or indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services, either directly er indirectly, for the benefit of the city. This does not aply to contracts related primarily to the sale of products or goods. The service contractor, prior to entering any such contract, must certify to the city that it will pay each of its covered employees no less than the living wage. A copy of this oertifcate must be made available to the public upon request. The certificate, at a minimum, must include the following: (1). The name, address, and phone number of the employer, a contact person, and the specific project for which the service contract is sought; (2) The amount of the service contract and the city department the contract will serve, (3) A brief description of the project or service provided; (4) A statement of the wage levels for all covered employees; and . (5) A commitment to pay all covered employees the living wage, A Dopy of the Iiving wage rate shall be kept posted by the service contractor at the site of the work in a' prominent place where it can easily be se.en and read by the covered .employees and shall be supplied to such employees within a reasonable time after a request to do so. Additionally, service contractors shall furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a bid for a subcontract on any service contract subject to this article, Posting requirements will not be required where the service contractor prints the following statements on the front of the covered employee's Page 15 of38 Request for Proposals (RFP) 127103 first paycheck and every six months thereafter. "You are required by the City of Miamni Living Wage Ordinance to be paid a Living Wage, If you do not believe you being paid at the Living Wage rate, contact your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and Creole. Service Contractors and their subcontractors agree to produce all documents and records relating to payroll and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered employees and basic records relating thereto and shall preserve them for a period of three (3) years from the date of termination or expiration of the service contract. The records shall contain; (1) The name and address of each covered employee; (2) The job title and classification; (3) The number of hours worked each day; (4) The gross wages earned and deductions made; (5) Annual wages paid; (6) A copy of the social security returns and evidence of payment thereof; (7) A record of fringe benefit payments including contributions to approved plans; and (8) Any other data of information the city require from time to time. Every six months, the service contractor shall file with the elty's procurement director a listing of all covered employees together with a certification of compliance with this article. Upon request from the city, the service contractor shall produce for inspection and copying its payroll records for any or all of its covered employees for any period covered by the service contract. The city may examine payroll records as needed to ensure compliance. Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city impose sanctions, such as pay wage .restitution, impose monetary damages, suspension or termination of payment, termination of contract, and debarment. Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough description of the City of Miami Living Wage. 1.41, 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. 1,42, HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shalluot in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (XUPPA) - 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 (]PII) 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 ofinfonnation only for perforning 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 au accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. '.J Request for Proposals (RFP)127103 PPE 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. ' 1.44.INDEMNIPICATION - The Contractor shall indemnify and save harmless forever the City, and all the City's agents, officers and employees from and against all charges or claims resulting from any bodily injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the Contractor shall become defendant in every suit brought for any of such causes of action against the City or the City's officials, agents and 'employees; the Contactor shall further indemnify City as to all costs, attorney's fees, expenses and Iiabilities incurred in the defense of any such claims and any resulting investigation, 1.45. INFORMATION 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/Prapaer r tttst 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. 1,46. INSPECTIONS - The City may, at reasonable times during the term hereog 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 naalce 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 subjectto, 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. 1.47. 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 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via 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. 1.48. 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 an 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 Contractor fails 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 teens that may be granted to the Bidder/Proposer. 1.49. 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), 1.50. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not Inore than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. Page 17 of38 Request for Proposals (RFP) 127103 1.51. 1VIANUFACTURIR'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.. 1.52. 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 the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.53. 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. 1.54. 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, 1.55. 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 perfortnanoe 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. 1.56. 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. 1.57. OCCUPATIONAL LICENSE - Any person, ±tni, 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. 1.58. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate Page 18 of 38 Request for Proposals (RFP) 127103 response, please refer to the herein condition for "Alternate Responses May Be .Considered". . 1.59.OWNERSHXP 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 otherpnrposes whatsoever without the written consent of the City. 1.60. 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 lie valid and enforced to the fullest extent permitted by law. 1.61. 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%).ofthe.contract,price. 1,62. PREPARATION OF RESPONSES (XXARDCOPY FORMAT)--Bidders/Proposers are expected to examine the specifrcations, 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. Bach 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 frrn'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 inlc by person. signing the response or the response may be rejected. F. Responses are to remain, valid for at least 1 80 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 Forns 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 TIIE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE, 1.63. PRICE AD IUSTMENTS — 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 -bp -passed -on -to -the City of Miami. 1,64, PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the terra 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. 1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS Page 19 of38 Request for Proposals (RFP) 127103 Contractor represents and warrants to .the City that it has not employed or retained any person.or•cornpany 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. 1.66. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be ,considered in determining the Iowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on fin; 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 continence 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 connnencing 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 tern of the contract. 1.67. 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 snob property occurring while in the possession ofthe 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. 1.68. 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. 1.69. 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 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.70. PUBLIC RECORDS Contractor understands that the public shall have access, at all reasonable times, to all documents and informationpertaining 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. 1.71. 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 be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.72. 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. 1.73. 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 Page 20 of 38 Request for Proposals (RPP) 127103 cancelled by the City Commission, the City Manager.or the Chief Procurement Officer; as may be applicable, or revised to comply 'with the law. 1.74. RESOLUTION OF CONTRACT DISPUTES (See.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, ntisrepretentation 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 reliefwithout first having followed the procedure set forth in this section, 1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (See.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 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, hi the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation pan 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 ChiefProourement 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. email, 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 inay not challenge the relative weight of the evaluation criteria or the formula for Page21 of38 Request for Proposals (RFP)127103 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 shalt be permitted 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 rim 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 Proourement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve anywritten 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 Conrrrission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Coinnxission after a favorable recommendation by the city attorney and the City Manager, (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 thne provided in subseotion (a), above, shall constitute a forfeiture of such party'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 Conuuission 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. (f) 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 Proourement 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, 1,76. SAMPLES - Samples of items, when required, must be submitted within the thne 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 clays after notification, Failure to remove the samples will result in the samples becoming the property of the City. 1,77. 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, 1.78. SERVICE AND WARRANTY —When specified, the bidder/proposer shall defnre 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. Page 22 of 38 Request for Proposals (RFP) 127103 1.79. 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 fflrst 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. 1.80. Sii]3.MISSION 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, RFQ, or R 'I,I. 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: 1-95 SOUTII UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO S0. 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. 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 iriwriting, 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 eaoh envelope, box or package must contain the information previously stated in 1.82.A. 1.81. 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 Bid.der/Proposer. 1.82. 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 Page 23 of 38 Request for Proposals (RFP) 127103 following apply; A. The contractor is determined by the City to be in breach of any of the terns and conditions of the contract. 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. 1.83. 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 land 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. 1.84, TIMELY DELIVERY - Tiine 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. 1.85. 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. 1.86,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 fxosm 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. 1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) for 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 worlc performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.88. '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, 1.89. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no smatter 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 24 of 38 Request for Proposals (RFP) 127103 2, Special Conditions 2,1. PURPOSE The purpose of this Solicitation is to establish a contract, for a law enforcement Digital Photo Lab system, 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: Yusbel Gonzalez; fax: (305) 400-5104 or email: yonzalez@ci.rniarni.fl.us. The solicitation title and numbershall be referenced on all correspondence; MI questions.nrust be,received no later than 5:00 PM EST on Tuesday, March 31, 2009. 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. 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). 2,4. CONTRACT EXECUTION 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 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. 2,5, PROPOSER'S MINIIYIUM QUALIFICATIONS Proposers shall satisfy each of the following requirements cited below. Failure -to do so may result in the Proposal being deemed non -responsive. • A. Proposals will be considered only from firms that are regularly engaged in the business of providing goods and/or services as described in this Request for Proposal; that have a record of performance for a minimum period of three (3) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods and/or services if awarded a Contract under the terms and conditions herein stated. The teen "equipment and organization," as used herein shall be construed to mean a fully equipped and well -established facility as determined by the proper authorities of the City. B. The City reserves the right, before awarding the Contract, to require a Proposer(s) to submit such evidence of his/her qualifications as it may deem necessary and as part of the Evaluation Committee's process, may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Proposer, including previous experiences of same with the City and performance evaluation for services, in malting the award in the best interest of the City. C. Proposer must have successfully installed a minimum of three (3) law enforcement digital photo lab systems for municipalities similar in size to the City of Miami during the last three (3) years. D. Proposers shall have no record of pending lawsuits, bankruptcies, or criminal activities and not have any conflicts of interest as defined by applicable law with the City. Page 25 of 38 Request for Proposals (RFP) 127103 E. Neither Proposer nor any member, officer, or stoolcholder of Proposer (s) shall be in arrears or in default of any debt or contract involving the City, (as a party to a contract, or otherwise); nor have failed to perform faithfully on any previous contract with the City. 2,6, 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, 2.7. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indenuaify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (i) (2) (3) Worker's Compensation A. Limits of Liability - Statutory - State of Florida 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. Products and Completed Operations and Fire Damage: $1,000.000. B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contractual Liability. BusinessAutomobile Liability A. Limits of Liability Bodily injury and property dairiage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $1.000.000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by a disease, each employee 3500,000 for bodily injury caused by disease, policy limit BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: Page 26 of 38 Request for Proposals (RFP) 127103 The Company must berated no less than "A" as to management, and no less than."Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwiok, 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. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/(SR TITLE OF BID MUST APPEAR ON EACR CBRTIFICATB. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration, .-;In,the event that_ expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall; (4) Suspend the contract until such tune as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.8. CONTRACT ADMINISTRATOR Upon award, contractor shall report and worlc directly with Lazaro R. Fernandez, Forensic Investigations Supervisor, who shall be designated as the Contract Administrator. 2.9. USE OF PREMISES The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably enomnber the premises with his/her materials. The contractor shall take all measures necessary to protect his own materials. 2.10. DAMAGES TO PUBLIC/PRIVATE PROPERTY The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2,11.WARR.A.NTY, FITNESS FOR PURPOSE The vendor warrants the materials supplied and the work performed under this contract conform to warranty materials provided and work performed for one (1) year from date of' completion. In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material for a minimum period of one (1) year after the date of acceptance of the labor, materials and/or equipmeiit.by the City. this warranty requirement shall remain in force for the full one (1) year period; regardless of whether the bidder is under contract with the City at the time of any defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. Page 27 of 38 Request for Proposals (RFP)127103 The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within five (5) calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within ten (10) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in defaults of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional casts that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 2.12. COMPLETE PROJECT REQUIRED The scope of these specifications is to insure the delivery of complete units, ready for operation. Omission of any essential detail from these specifications does not relieve the supplier from ;furnishing a complete working unit to the satisfaction of the City of Miami. 2.13. SPECXFXCATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department, in writing, no less than ten (10) days prior to solicitation closing date of any change in the manufacturers' specifications which conflict with the specifications. For hard copy bid submittals, bidders must explain any deviation from the specifications in writing as a footnote on the applicable specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his/her submission. For electronic bid submittals, bidders must explain in the Header Section or by an Attachment and, if applicable, enclose a scanned copy of the manufacturer's specifications data detailing the changed itern(s) with his/her submission. Additionally, bidders roust indicate any options requiring the addition of other options, as -well as those which are included as a part of another option. Failure of bidders to comply with these provisions will result in bidders being held responsible for all costs required to bring the itern(s) in compliance with contract specifications. 2.14. SAFETY MEASURES Contractor shall take all necessary precautions for the safety of employees, and shall erect and properly maintain at all times all necessary safeguards for the protection of the employees and the public. Danger signs warning against hazards created by his/her operation and work in progress roust be posted. All employees of contractor shall be expected to wear safety glasses or goggles, appropriate clothing, and hearing protection when and wherever applicable. The contractor shall use only equipment that is fully operational and ha safe operating order. Contractor shall be especially careful when servicing property when pedestrians and/or vehicles are in close proximity d work shall cease until it is safe to proceed. 2.15. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included -with the bid 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 bid. 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 and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acicnowledgment form attests to this. 2.16. PRIMARY CLIENT (FIRST PRIORITY) The successful bidder(s) agree upon award of this contract that the City of Miami shall be its primary client Page28 of 38 Request for Proposals (RFP) 127103 and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(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 stories or any other public emergency impacting various areas during or approximately the sane time. 2.17, CHANCES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed, Written modifications shall not be allowed following the proposal deadline. 2.18. METHOD OF PAYMENT Full paYinent will be made up iti receipt and acceptance of a complete law enforcement digital photo lab system, as described in Section 3 of this RFP. No, down or partial down payments will be made. 2.19, COMPENSATION PROPOSAL Each Proposer shall detail any and all fees and costs to provide the required services as listed herein, including a percentage of collections. Proposer shall additionally provide a detailed list of all costs to provide all services as detailed in Section lit Scope of Services, as proposed. The City reserves the right to add or delete any service, at anytime. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same, Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to subinit compensation proposal as required shall disqual j+Proposez' from. consideration. 2.20. LIFE CYCLE COST Proposer shall include in the proposal the Life Cycle Cost of a law enforcement digital photo lab system over a five (5) year period. All applicable costs shall be listed and clearly described, and shall include any anticipated escalation over the period. Costs should include, but not be limited to: total cost of acquiring cost of future upgrades licensing fees replacement parts and maintenance/service costs site -preparation costs training costs cost of supplies/operating manuals installation costs 2.21, EYALTJA.TION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. .(2) Receipt of responses (3) Opening and listing of all responses received (4) Purchasing staff wilt review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation criteria as specified herein, Page29 of38 Request for Proposals (RFP) 127103 (6) The Evaluation Committee reserves the right; in its sole discretion, to request Proposers to make oral . presentations before the Connnittee as part of the evaluation process. The presentation may be scheduled at the convenience of the Evaluation Committee and shall be recorded. (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its reconnnendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, a Notice of the City Manager's recommendation for award of contract will be sent to all proposers by the Chief Procurement Officer notifying proposers of the City Manager's recommendation to the City Commission. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the reommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Connnittee to re-evaluate and make another recommendation, reject all proposals, or recommend that the City Cam s- ission reject all proposals. (9) The City Conunission shall consider the City Manager's and Evaluation Committees' recommendation(s) and, if appropriate and required, approve the City Manager's reconnnendation(s). The City Coininission may also reject any or all response. (10) If the City Commission approves the recommendations, the City will enter into negotiations with the selected Proposer(s) for a contract for the required services. Such negotiations may result in contracts, as deemed appropriate by the City Manager. (11) The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). 2.22, 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. 2.23.R.ECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. Original and/or copies of data/image/file records; of Crime Scene Investigations are the sole property of The City of Miami Police Department and said images (original and/or copies) shall be returned to the City of Miami Police Department upon completion of this project. Copies of Crime Scene Investigation data/image/files shall not be maintained by the selected proposer. Date/Image/FileRecords of Crime Scene Investigations shall not to 'be released to the general public. Page 30 of 38 Request for Proposals (RFP) 127103 3. Specifications 3.1, SPECIFICATIONS/SCOPE OF WORK T) PURPOSE/OBJECTIVE The City of Miami is seeking to retain the services of a firm specializing in the supply, installation, and training of a law enforcement Digital Photo Lab System to include crime scene camera equipment to capture, download, transfer, and archive digital images, as well as the case and evidentiary management of images, video, audio, aad other various digital data, as described in. the Scope of Services........ TT) EXISTING SYSTEMS The City of Miami Police Department is currently utilizing the Linear Systems hardware and software configured system, with a proprietary Digital Information Management System (DIMS) and capabilities to manage and authenticate digital images. The existing digital photolab consists of a standalone server, film scanners, DVD storage, printers, and contains a supply of five (5).years of images in storage,.which must be retrieved and imported into the new Digital Photo Lab System. Currently, the Crime Scene Unit has twelve (12) Nikon D100 digital Single Lens Reflex (SLR) cameras, which may be kept as backup to the new equipment, TIT) SCOPE OP ,SERVICES: Selected Proposer shall be required to provide an integrated solution, which includes the law enforcement Digital Photo Lab software and the equipment listed below in Subsections A through E. However, the City shall have the option to purchase from the selected proposer the equipment listed in Subsections A through E, The new law enforcement Digital Photo Lab System will require installation, startup, initial system check, and configuration with the current City of Miami computer system, interne, and intranet. Any and all wiring or re -wiring required for the functionality of the system, connection of components, and equipment shall be done by the selected Proposer. The law enforcement Digital Photo Lab System will be located where the current system resides in the Miami Police Headquarters building, located at 400 NW 2 Ave., on the 5th floor, in the Crime Scene Investigations (CSI) Unit, There is also a designated area in the Miami Police Department server room to install the new system's servers. The Digital Photo Lab system shall have the ability to download, store, and manage digital photo/images/data/records from: digital cameras, flatbed scanners, film scanners, video cameras, cell/mobile telephones, Personal Digital Assistants (PDA), computer hard drives, memory cards and/or other storage devices, The system shall maintain the original capture device's fie information, as well as, authenticate the images and must not alter, compress, encrypt or change the original file nor rename the file• The file must be stored on the hard drive or other storage medium with the original file name. The system's software shall allow the input of case information such as, but not limited to: Miami Police Department case number, date, location of the incident, crime type, photographer and badge or employee number. The system's software shall use a Relational Database on the bacicend to store image data. This Relational Database should be Microsoft SQL Server 2005 or better. A data dictionary and data architecture schema shall be made available to the Miami Police Department Information Technology Section Commander. The system must also allow the user to view thumbnail images of the photos so that the user can select folders within the system to import the photos to. After images are downloaded/imported to the system, the software shall provide administrative privileges for the photo lab personnel who are responsible for the storage and archiving of images, The photo lab personnel will have the option to either print, burn to a CD, or other media and/or transfer images to other secure locations. The proposed Digital Photo Lab System roust have the capability to recover and store files from the current Liner Systems digital photo lab, The selected proposer is required to provide on -site training of the new system as well as all startup supplies to include, but not limited to: CD's, DVD's, printer ink, cables, readers, manuals and/or any associated supplies to assure the operation of the system. There will be no "gray marker equipment considered, and all supplies or equipment, both hardware and software, must carry U.S. manufacturer's warranty. The proposed law enforcement Digital Photo Lab shall also perform the below listed functions: • Authenticate image files by assigning Plash Signatures to the original file. Each file must be signed with a 'unique digital signature•using the Secure hash Algorithrn (SHA.)-256 algorithm, Other hash algorithms or private digital signatures may not be used, The system must also authenticate, Manage Page 31 of 38 Request for Proposals (R.FP) 127103 and track the complete life -cycle (acquire, process, archive and delete) of digital evidence in all its fortes: digital images, imaged documents, recorded video and sound clips, imaged computer hard drives, capture mobile phone memory. Assign each image or data file a globally unique ID number that users can use to reference and loolnip image or data file by the Miami Police Case number. Provide seamless integration with existing information system security infrastructures, including Active Directory, Novell eDirectory, and Oracle ID. Manage, maintain and control multiple user levels for secured access. Allow for viewing of RAW fonnat files in both full screen and thumbnail views from within the system without having to export the files out of the system to use an external viewer. The system must be able to do this with RAW files without converting the RAW files into another format unless requested by the Police Department. Provide side -by -side image display for on -screen comparison. Print calibrated (scaled) images at any specified magnification. Offer a background removal module that can remove repetitive background patterns from digital images. Run on Linux and Windows Servers. Run on an open source Structured Query Language (SQL) database (for example, PostgreSQL). Store digital files in their native format and in the file system (for access by other integrated software) and not in the database. The system cannot have any database -imposed limitations on number of cases or number of images per case or file sizes of images. Be based on open standards and cannot include proprietary file formats or data encryption routines that cannot be verified by open standard, third party software. Files must not be stored in an encrypted or proprietary format. Automatically read and display the metadata from the image file, such as the digital camera's Exchangeable Image File (EXIF) data which should include and display the camera make and model. It should also include and display all of the camera settings, such as aperture setting, metering setting, and the physical date/time stamp that the shutter release button was pushed as well as the date/time stamp for the instant that the information was downloaded from the imaging sensor to the compact flash or other storage media. Provide remote (distributed) access and local photo/record sharing. Allow to view RAW EXIT' data within the application. Include EXIF data within reports. Maintain two irrevocable audit trails for a complete chain of custody: • The first audit trail must record and display case or incident level actions such as when a case or incident is created, when new files are downloaded into a case, and when a case is exported or archived, etc. The second audit trail must record and display image or file specific access and actions such as when a specific image or file is printed, processed, exported or viewed, This audit trail must also identify both the Media Access Control (MAC) and Internet Protocol (IP) address of the workstation at which actions that physically affect the file occurred, as well as the users log in identification. It must also have the ability to record permanent notes of any aotivity that may occur associated with those images, i.e. "Copy sent to state attorneys' office" to include date, time, requestor, and the technician fulfilling request by way of login information. Manage user rights by controlling the privileges available to users and groups. Specifically must be able to set general security parameters based on crime type and asset category for customizable groups of users. The system must also be able to grant individual users access to specific cases and assets that they would otherwise not have access to. Additionally must be able to lock down a ease or asset restricting access to only a specific list of users. Process images or files of all types (photos, audio, video files, word processing documents, PDF, etc) using third party applications where the original image /file is unmodified and processing is done on a copy only, Page 32 of 38 Request for Proposals (RFP) 127103 Automatically create copies of images or tiles for viewing and processing of all file types (photos, audio, video, word documents, pdfs, etc). The copy of the image or files must retain the original file name along with a designation as a copy that continuottsly maintains the association to the original image or file for a complete, detailed chain of custody of each image or file and its' record, Both the original file and the copy made from that original must be authenticated. Provide seamless integration with Adobe Photoshop CS or greater for processing (enhancement) of images by launching Photoshop directly from within the management application. The system must be able to automatically read and display Adobe Photoshop's enhancement History without manual copying and pasting of the enhancement History and must be printable in a report. • Provide a direct interface to all major Automated Fingerprint Identification System (APIS) systems as well as Integrated Automated Fingerprint Identification System (IAFIS) which will allow the Department to send a processed image directly to an APIS terminal without producing a bard copy of the image and without losing critical image detail. The image must be sent, at the designated APIS requirements (image foriiat,1:l calibration, image resolution, etc). This interface must also allow for selection from multiple images as part of a single Process, must allow for the selection ofniultiple ' • areas from a single image, such as an image with sequential lifts or a large palm print, for submission to APIS/IAFIS and must also allow for submissions to multiple APIS profiles — State, Local and. IAFIS. Search for digital files by a variety of case and image or file level parameters. Searchable fields must include: crime type, case number, photographer, address, date of crime and importer, etc. Perform "Keyword" search Export images or files as part of a web page. The user should be able to select different thumbnails on the page and view the image or file and information for the thumbnail. The case number, photographer and any other information warranted by the department should be able to be included on the page. Make general, case specific, and image or file specific requests to users. The requests must be tracked as tasks for the users to complete. Managers must have the ability to view tasks for all users and to re -assign tasks. Associate multiple tags, notes, imported word documents, scanned documents or the like with an image or file and be able to view them all. Acquire images or files from a camera/media card/thumb drive/etc. on a laptop in the field or at a remote location without immediately transferring them to the server, Provide ability to control when the images or files are transferred to the server and how much bandwidth is used. This transfer must be secure and guaranteed. It must not be vulnerable to outside attacks. Display all image types in an optional web browser (including RAW images) that are viewable in the desktop application at full resolution. Use tiling in the optional web browser (ex: Google maps) to send only the portions of art image that are visible on -screen over the network.. Allow transfer of images with all pertinent information (Le. download, camera, photographer, and case information) from one workstation (Le, download workstation) to another workstation (Le. administrative workstation) and maintain chain of custody / audit trail of images transfered. The City shall have the option to purchase from the selected proposer the equipment listed in Subsections A through E: A, Digital Single -Lens Reflex (SLR) Cameras and Accessories All digital SLR cameras and accessories proposed must meet or exceed the standards of the Cannon or Nikon models listed below. Proposers shall provide a quantity of thirty (30) each., unless otherwise stated, of Camera Package 1 or Camera Package 2. Complete Camera Pacicage 1: Nikon D300, 12.3 mega pixels, digital SLR camera body with neck strap. Nikon Battery, BN-EL3e, Quantity: 60 (two batteries per camera) Nikon Battery Charger. Nikon Macro Lens, AF-S DX Nikkor 18-105 MM P/3.5-5.6G BD VR. Nikon Flash, SB-800 AF Speedlight. Lexar Professional with Write acceleration Compact Flash Card Type 1/11233 Speed, 4 GB or Page 33 of 38 Request for Proposals (RFP) 127103 greater,.Quantity: 60 (two flash cards per camera) Nikon MB-D10, Multi Power Battery Pack, Quantum Instruments, MKZ3 Quantum Battery I+ • Quantum Instruments, MJKZ3 Flash Cord, Pelican 1510 Camera Case, with dividers. Tiffen Ultra Violet (UV) filter, Nikon 72 nun. Complete Camera Package 2: Cannon LOS 50D, 15.1 mega pixels, digital SLR camera with neck strap. Cannon Battery, BP-511A, Quantity: 60 (two batteries per camera). Cannon Battery Charger. Cannon Marco Lens, EF24-105inn1 f/4 L IS USM. Cannon Flash, Speedlite 580EX II. Lexar Professional with Write acceleration Compact Flash Card Type MI 233 Speed, 4 GB or greater, Quantity: 60 (two flash cards per camera). Cannon BG-E2N, battery grip, Quantuih Instruments, Cannon Model, Quantum Battery 1+ Quantum Instruments, MB2 Flash Cord, Pelican 1510 Camera Case, with dividers. • Tiffen Ultra Violet (UV) filter, Cannon 77 mm. B. Download Workstations The City's concept is to have five (5) download workstations configured to .download digital data from digital SLR cameras and any available digital medium on the market, such as: SM, xD, Compact Flash Type I and II, SD/miniMllv1C/RS, MS/Pro/Duo. The workstations shall be installed in the CSI Unit so that all members of the Unit can access and download their digital images onto the Digital Photo Lab server. These stations must be password protected, allow for multiple user access, and allow users to download images from other digital SLR cameras or storage devices, which are collected as evidence from crime scenes, and allow the user to sort downloaded images by Miami Police Department case numbers, crime 'type, photographer, and location. The workstation proposed must meet or exceed the standards of the below listed brand name equipment: Dell Optiplex 960 Mini Tower Desktop Computer. Intel Quad Core 2, 3 GHz Processor, Windows XP Operating System, with latest service pack. Symantec Ghost. Ghost Maintenance. Microsoft Enterprise Agreement - Full Platform - True -Up Year One Microsoft Office, McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support. Network Interface Card (NIC). 19" inch digital high resolution monitor with two (2) USB ports. ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card. 7 in 1 card reader. 6 USB ports. 320GB SATA 7200 RPM }MD 3.5" Hard drive. 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory, C. Administration Workstations: The current business practice for the Police Department is to have all downloaded images from the download stations proceed to an administrative station for quality control and assurance of images, storage and filing methods, The new law enforcement Digital Photo Lab System shall allow for this same process to occur. The selected proposer shall provide three (3) administrative workstations that meet or exceed the standards of the below listed brand name equipment. • Dell Optiplex 960 Mini Tower Desktop Computer, Intel Quad Core 2,3 GHzProoessor. • Windows XP Operating System, with latest service pack, • Symantec Ghost. • Ghost Maintenance. • Microsoft Enterprise Agreement - Full Platform - Trite -Up Year One Microsoft Office. • McAfee Total Protection Enterprise Advanced Perpetual with 1 yr° Gold Support. Page34 of38 Request for Proposals (RFP) 127103 Network Interface Card (NIC). • 19" inch digital high resolution monitor with two (2) USB ports, ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card, 7 in 1 card reader, 6 USB ports. 320GB SATA 7200 RPM IIDD 3.5" Hard drive, • 4 GB DDR2 Non -BCC SDRAM, 800 MHz, (2 DIMM) Memory. D. Servers Two (2) servers. will be required for the operations and storage of the new 'law enforcement Digital Photo Lab media. One server will be used to store and retrieve media while the other server will be used as a redundant backup of the first server, The servers must be capable of fitting into the existing Dell Server Racks located in the Miami Police Department (MPD) Server Room. Both servers must also meet or exceed the standards of the below listed brand name equipment: ....Dell Power Edge 295051 Server • Processor: three (3) Dual Core Intel Xeon L5240, 6MB Cache, 3.0 G Xz,1333 MHz PSB processors. Operating System: 'Windows Server 2003. Memory*: 16 GB 667MHIz (8x2GB), Dual Ranked DIMMs. Riser Card: Riser with 3 PC, Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable Management Arm, Universal. • Power Supply: Energy Smart Redundant Power Supply with Dual Cords. ▪ Hard Drive* Configuration: Integrated SAS/SATA. Raid 5, PERO 6/i Integrated, Hard drives must be swappable, Network adapter: Intel PRO 1000VT Quad Port 1 GbE NIC, PCIe-4,. CD/DVD Drive: DVD-ROM, SATA, Internal . Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition, *Selected Proposer shall indicate what storage capacity and memory the servers must have based on the fact that the CSI Unit currently takes about 12,000 pictures per month (500 rolls x 24 exposures per roll). The servers shall contain enough storage capacity to store at least five (5) years worth of data• In addition to the above listed minimum requirements, the second server (i.e. backup server) shall have Symantec backup Software to ensure a four (4) hour backup of production. B. Scanners and Printer Selected Proposer shall provide all necessary accessories (i.e. cables, ink, software) for the proper functionality and integration of the below listed equipment with the law enforcement Digital Photo Lab system (workstations and servers), The scanners and printer proposed must also meet or exceed the standards of the below listed brand name equipment. The proposer shall provide MFD a minimum of quantity two (2) of each item listed below. (a) Film Scanners: Nikon Super Coolscan 9000 ED (b) Flatbed Scanners: Epson Perfection V700 (c) Color Printer: Epson Stylus Pro 4880 (d) Printer Stand: C4800 Epson printer stand Page 35 of38 Request for Proposals (RFP)127103 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated, Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format Failure to do so may deem your Proposal non -responsive. ALL RESPONSES SHALL BE SUBMITTED IN HARD COPY FORMAT ONLY TO INCLUDE ONE (1) ORIGINAL AND FIVE (5) COPIES. 1. Cover Page The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office Location; Local Business Address, if applicable; Business Phone and Fax Numbers, if applicable Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. Table of Contents The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should he clearly and consecutively numbered and correspond to the table of contents. 3. Executive Summary: A signed and dated summary of not more than three (3) pages containing a comprehensive narrative statement that illustrates its understanding of the requirements of the scope of services stipulated within this RFP, Executive Summary should also briefly address Overall Qualifications and Experience, Ability and Capability to Perform Required Services, and Overall Approach and Methodology, as contained in the submittal. Include the name of the organization, business phone and contact person. Provide a summary of the work to be performed by Proposer. 4. Overall Oualif cations and Experience a) Describe the Proposer's organizational history and structure; years Proposer has been in business providing a similar service(s), and indicate whether the City has previously awarded any contracts to the Proposer. b) Provide a list of all principals, owners or directors. c) Provide a complete list of clients for which Proposer has provided a similar service as required in this RP?, and that can attest to the operation and management, and/or other relevant experience, of Proposer. This list should include those governmental entities of a similar size and diverse population to the City for whom services have been performed during the past three (3) years, Include the overall value of the contract, and include the address, phone number(s) and contact persons within each organization. References are subject to verification by the City and be utilized as part of the evaluation process, d) Provide a list of clients that have, for whatever reason, discontinued to use your services within the past three (3) years, and indicate the reasons for the same. The City reserves the right to contact any reference as part of the evaluation process. e) Provide three (3) Letters of Reference on letterhead from similar entities to the City for whom similar services have been performed. 5. Ability and Capability to Perform Required Services a) Describe the overall size of Proposer; overall number of personnel of Proposer; total number of technical/support employee(s) company -wide, b) Provide an organizational chart specifying the personnel assigned to accomplish the work. Provide a personnel roster that identifies each person who will work on this project, and include the following information for each individual specified, including name, title, and relevant experience. This chart shall illustrate the lines of authority and designate the individual responsible and.accountable for the completion Page 36 of 38 Request for Proposals (RFP) 127103 of each component and deliverable specified within the RFP. Clearly designate one point of contact -for dealings with the City (Project Manager). , c) Provide detailed background and experience in providing a law enforcement Digital Photo Lab System for at least three (3) municipalities similar in size to the City of Miami during the last three (3) years. d) Provide written documentation and proof that proposer has successfully converted the sample images . shown in the "Header / Notes and Attachments" section of this RFP into the law enforcement Digital Photo Lab System proposed. e) Copy of the most recently at tilted Financial Statement of Proposer. 6. Methodology and Overall Approach to Scope of Work a) Discuss in detail Proposer's Overall Methodology and Approach to the worlc to be performed as required under Section 3, Specifications and Scope of Work, The proposer shall address these key areas in response to this section; • Functionality and capabilities of the hardware and software being proposed. Methodology and overall approach to convert the images currently stored in the Linear Systems digital photo lab to the proposed digital photo lab system. • Comprehensive training plan to train all Police Department personnel involved in the use of the Digital Photo Lab. b) Proposer Coordination Plan; Each Proposer proposing on any portion of the RFP must include a plan for, coordinating with the City or its authorized representative(s). This plan must include Proposer's proposal for the scheduling of regular meetings to review project status, how to handle the escalation of problems, communications to Proposer of changes which may be required as a result of changes to such things as locations or scheduling conflicts, 7, Cost Proposal Proposer shall provide in their proposal a break down of all costs associated with the purchase of the hardware (listed in Section 3, subsections A to E), software, training, startup materials, delivery, labor, installation, implementation, and configuration of a law enforcement digital photographic laboratory system, • Proposer shall also indicate the Life Cycle Cost of a law enforcement Digital Photo Lab over a five (5) year period, including but not limited to the total cost of acquiring, cost of future upgrades, licensing fees, replacement parts and maintenance/service costs, site -preparation costs, training costs, cost of supplies and operating manuals, and installation costs. S. Trade Secrets lxecution to Public Records Disclosure All Proposals 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 Proposal 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 RFP number 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 Proposal 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 attorney's fees incurred by the City by reason of any legal action challenging your claim. Page 37 of 3 8 Request for Proposals (RFP) 127103 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: ,CRITERIA PERCENTAGA Proposer's Qualifications and Experience: 25 Ability and Capability to Perform Required Services: 15 Methodology and Overall Approach to Scope of Worlc: 15 Cost Proposal: 25 Ability ofProposer to Convert Sample Images to New System: 20 TOTAL. 100 Page 38 of 38 GLENN MA.RCOS PEDRO 3, ,F.IERNANDEZ Chief Procurement Officer City lvltutager ADDENDUM No. '1 RFP WO.127'103 March 16, 2009 Request for Proposals (RFP) for Law Enforcement Digital Photo Lab System, TO; ALL PROSPECTIVE PROPOSERS; • • The following changes, additions, clarifications, and deletions amend the Bid Documents of the above captioned RFP, and shall become en integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added, The remaining provisions are now in effect and remain unchanged. Please note the contents herein end reflect same on the documents you have on hand. The following sections of the RFP, have been amended as follows: The sections listed below are now deleted from Section 3.1, Specifications/Scope of Work, Subsection Ill) Scope of Services: nen nnrnn Strrntrr-ad- wery Layuage /0r11 i .Jnf..,h -s? /Fnrexam 1e 1-sztfreS•Q i Run Of7trildoc-vxr-crcccrr-�.ca-�rrc-.rYz�'-�FI�T-'.9"TQ�'7'�tz� � ALL' OTHER TERIVIS'AN© CONDITIONS OF THE RFP REMAIN THE SAME. Sincerely, enn' rcos, PPO, CPPS, FCPM, FCPA irector/Chef roourement Officer z GLENN MARCOS PEDRO G, HER.'NAND,EZ • ChierProauremonrOfficer City Manager ' ADDENDIJ NO. 2 RFP NO.:1271103' April 1, 2609 Request for Proposals (RFP) for Law Enforcement Digital Photo Lab System TO: ALL PROSPECTIVE PROPOSERS: The fallowing changes, additions, clarifications, and deletions amend the Bid Documents of the above oaptibned RFP, end shall become an integral'part of the Contract Documents. Please note the contents herein and reflect same on the documents you have on hand. Q1: In Section 3, subsection Ill) A.), Specifications, the Quantum Instruments, MKZ3 Quantum Battery 1+ and MB2 Flash Cord will not work with the Nikon D300. The two Quantum Products that will work are the Quantum Battery Turbo Compact and the Quantum Turbo Cable CKE. Al: Further research in the Quantum Batteries webslte: www.citra.com has revealed that the specifications In this section of the RFP are correct. The enclosed documentation from Quantum Batteries confirms that the correct flash battery and flash cables for the SB-800 AF Speediight Flash for the Nikon D300 Digital SLR Garrrera is the QB14 and MKZ3, respectiveiy. The QB1+ battery will only be used to power the flash and not the camera's battery. Q2: In Section 3, subsection III) D.), Specifications, it states that "The servers must.be capable of fitting into existing Dell Server Racks located in the Miami Police Department (MPD) Server Room." How many slots are available for use within the Miami Police Department's Server Room? • A2: Half of a server rack is available within the. Miami Police Department's Server Room. Should the successful proposer need more than the available rack space, the successful proposer will be required to supply the Miami Police Department with a new server rack. • 3: Is there an electronic copy, of the RFP document in a Word format? A3: An electronic copy of the RFP document is not available in Word format. Registered suppliers with the City of Miami may download the RFP document in Adobe PDF format only from the Oracle iSupplier System. , ALL DINER TERMS AND CONDITIONS OF TI-I1« RFP REMAIN THE SAME, Sincerely, 1 CPPO, CPPB, FCPM, FCPA r.00urement Officer Gonzalez, Yusbel CO3—........—.......—. From: Miriam C [quantumhplp(a@gtm.com] • Sent: Wednesday,•Apr1101, 2009 10:15 AM To: Gonzalez, Yusbel Subject: Quantum Battery 1+ and Flash Cable MKZ3 Hello, Yusbel, Thank yo.0 for the inquiry. Yes; the MKZB and the QB1+ will power the M00 Speedlight. This combination- has been tested by Quantum, Thank you for choosing Quantum. We are now shipping our NEW shoe -mount TRIO Qflash to all of our dealers. For more information on the new TRIO, go online-at.http://www.gtm.com/Trio/ For more information on Quantum • products and shows we will be attending, please visit us online at www.gtm.com ' • . Cordially, Miriam Chua `Technical Support Specialist Quantum Instruments, Inc. Mail: 10 Commerce Drive Hauppauge, NY 11788-3968 Email: 'quantumheio@gtm.com. Oel: (631) 656-7400 Fax: (631) 656-7417 Please consider the environment before printing this e-mail. Gonzalez, Yusbel wrote: Good Morning, 1 would like to confirm if the Quantum Battery model QB1+ and Quantum Flash Cable MKZ3 works with the Nikon Flash, model SB-800 AF Speedlight. The camera model is a Nikon D300 Digital SLR Camera. Your prompt response will be greatly appreciated. Sincerely, Yusbel Gonzalez, CPPB Senior Procurement Specialist (Commodity Team 2) City of Miami Purchasing Department 444 S.W. 2n.d.;A-ve. 6t17. Floor Office: 3o5-416-1958 Fax: 305-400-51O4 e-mail: Srgonzalez cr it iamigov.coxn • Web: ;www.iniamigov.cor./procurement 1 PLINZO Corti c7k9r 1 ' : r ut�ru�r� N��9 �� arlr c4ir i� 61�i,ir r� iPz41, CONFIDENTIAL COMMUNICATION • The Information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are• hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohiblted. Ifyou.are not the intended reoipient, please Immediately contact the sender by reply Email and destroy all copies ofthe original message. Thank you. , • 'Rease Note Due to Florida's very broad public records law, most written communications to• or from City of Miami employees regarding City business are;.public.records, available to the public and media upon reguest,,7;herefore, this e-mall communication may be subject to • public disclosure. • • 2 ' | Page Io[/ / Select Camera rEi Brand, Model: civantum Battery / . . '.. . . 'Start Over . . ^. . . . Quantum Portable Power - ~ Nlkny'l SIJ886� Oaoh Cable � Product Features . Small, fast, ready when you arel The Bantam .battery is perfect for photographers nthe go. -- 'This p[odonthas been discontinued, ' ' XKZ3 Short cards connecting low voltage power to flashes. Used with ~B'Compact and ~~'~'''. Battery (depending onflesh mode0 ' ^ Fast recycling, high capacity power for flash and digital cameras, Adapts to hundreds of flash and many 6 volt digital cameras. QBI+ Is the "workhorse" for many pro and advanced for digli:41 cameras, Mounts to the tripod socket of a camera, Adapts to hundreds of flesh and 6 volt digital camdrag, flash and C\B10 ' ounces of concentratepower d Short cords connecting low voltage power to . XKZ3 . k8KZ3 ' kmm TURBUltra fast recycling, very high capacity power for O Podirectly for I seoond recycling of shod and handle mount flashes. Thb most popular rechargeable battery paak. wers / flash_and digital -- ' cameras. _-- —' . --'---'-----'--- ---------------'--'----------------- ^ QT48 Use the QT48dmalconnector with the TURBO topower 2flashes oreomC0$nm& a flash etthe ' same time. QT48 e beused with Turbo SOto power two 8aehau.(Turbo SCdoes not power cmrnehso.) CKE Longoordd connecting hig h voltage power to ' flashes. Used with Turbo,TudboCompact, and J.�41601? 4/1/200� _ ^ • Llaitlam Model Cross Reference Page 1 of : 1 The Quantum MKZ3 1 Long cords connecting low voltage power to flashes. Used with GQS1+land Q81 Compact (depending on 'flash model), Used with Canon Canon Contax Metz Metz Metz Metz Metz Metz Metz ' Minolta Minolta Nikon Nikon Nikon Nikon Nikon Nikon Nikon Nikon Nikon Nikon the following equipment: 540EZ , 550EX TLA360 54MZ-3 • 64MW-4 54M.Za4i • 58AF-1 C 58AF•1 N 58AF-1 OP 68AF-1 PS 3600HS(D) 5000HS(D) 6824 S1325 51328 SB27 S1328 (EURO) . S628 (NON-EURO) $B28D S8280Y, SB20 SB800 Nikon Olympus Sunpak SB80DX FL-50 PZ5000AF or Click here to Start Over WOOS Quantum Instumanis Inc. (prIccs & spealficallons subject io change wIlhbul notice.) Lttp://www.gtr .coxnllvSodela°ssRof/?contenykerModela°ssRef&res sei�yes&xes=1280&re8h=1024 4/1/2005 (MENAMARCOS PE:DRO 0. BER'N'ANDEZ ChleSProourerront Offioer • ADDENDUM NO. 3 : REP NO. 127103, .April8 2009 • CityMallager Request for Proriosals.(REP) for Law Enforcement:I:IOW Photo Lab Systeni TO: ALL PROSPECTIVE PROPOSERS: • The following changes, additions, clarifications; and deletions amend the Bid Documents of the above captioned RFP, and shall become an integral •part of the Contract Documents. Words and/or :figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand, • The following sections 6f the RFP have been amended as follows: • • Section 3.1„Specifications/Scope of Work, Subsection III) A. Digital Single -Lens Reflex (SLR) Cameras an d'Accessories: Nikon Flash, SB 800 AF Speedlight Nikon Flash, SS-900 AP SPeedlicfht puentum .Instruments, MKZ3 Quantum Battcry.1 + Turbo Battery Quantum Instruments, MKZ3 Flash-Gear-st• CKE Flash Cord ' . . • • Nikon has discontinued the production of the SB-800 AF Speedlight, and therefore the replabernentliash is the SB-900 AF Speedlight. This change has caused the Quantum instruments flash battery and cord originally specified to be changed as shown above. • Section 3.'1, Specifications/Scope of Work, Subsection III) D. Servers: Processor: 4hr-ee:(2) two (2) Dual' Core Intel Xeon t.5240,, 6MB Cache, 3.0 GHz, 1333 MHz FSB Processors. *Selected Proposer shall Indicate what storage capacity and memory the servers must have based on the fact that the CS1 Unit currently takes about 12,000 pictures per month (500 rolls x 24 exposures per roll). The servers shall contain enough storage capacity to store at least five (5) years worth of data. If additional storage space is reguireci„ more than what the server's internal storage capacity can hold, the proposer mav provide as a part of their integrated solution a Direct Attached Storage Array Expansion Drive such as the Dell PowerVault series. ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAIVIE. Sincerely, p ad?! Glenn Mar s, CPPO, C a, FCPM, FCPA Director/Chid Procurement Officer • EXHIBIT B SOW -Services arid System Including Budget and Schedule and List of Subcontractors (To be completed and included upon document execution) Professional Services Agreement —Foray Technologies —RFP 127103, Law Enforcement Digital Photo Lab System 23 F Y- TECHNOLOGIES SECTIO" 6 Methodology and Overall Approach to Scope of Work a) Functionality and capabilities of the proposed hardware All hardware included in This proposal is standard, commercially available hardware as specified in the REP, and includes: A. Digital Single -Lens Reflex (SLR) Cameras and Accessories The proposed digital SLR cameras include a quantity of thirty (30) each of Camera Package 1 or Camera Package 2: Complete Camera Package 1: • Nikon D300, 12.3 mega pixels, digital SLR camera body with neck strap. n Nikon Battery, BN-EL3e, Quantity: 60 (two batteries per camera) • Nikon Battery Charger. * Nikon Macro Lens, AF-S DX Nikkor 18-105 MM P/3.5-5,6G ED VR. • Nikon Flash, SB-900 AF Speedlight, • Lexar Professional with Write acceleration Compact Flash Card Type 171.1233 Speed, 4 GB or greater, Quantity: 60 (two flash cards per camera) o Nikon MB-D10, Multi Power Battery Pack. a Quantum Instruments, Turbo Battery • Quantum Instruments, CITE Flash Cord. « Pelican 1510 Camera Case, with dividers. • Tiffen Ultra Violet (UV) filter, Nikon 72 mrn. Complete Camera Package 2: • Cannon BOS 50D, 15.1 mega pixels, digital SLR camera with' neck strap. o Cannon Battery, BP-511A, Quantity: 60 (two batteries per camera). • Cannon Battery Charger. • Cannon Marco Lens, BF24-105mrn f/4 L IS USM. • Cannon Flash, Speedlite 580EX II. • Lexar Professional with Write acceleration Compact Flash Card Type I/11 233 Speed, 4 GB or greater, Quantity: 60 (two flash cards per camera), • Cannon BG-E2N, battery grip. • Quantum Instruments, Cannon Model, Quantum Battery 1+ April 13, 2009 Page 31 Response to RPP #127103 0, • Quantum Instruments, ME2 Flash Cord, • Pelican 1510 Camera Case, with dividers, • Tiffen Ultra Violet (UV) filter, Cannon 77 min. B. Download Workstations Foray will provide five (5) download workstations configured to download digital data from digital SLR cameras and any available digital medium on the market, such as: SM, xD, Compact Plash Type I and 1I, SD/mini/MMC/RS, MS/Pro/Duo. The workstations shall be installed in the CSI Unit so that all members of the Unit can access and download their digital images onto the Digital Photo Lab server. These stations will be password protected, allow for multiple user access, and allow users to download images from other digital SLR cameras or storage devices, Whioll are dollecteclras -• - evidence from crime scenes, and allow the user to sort downloaded images by Miami.Police Department case numbers, crime type, photographer, and Iocation. The proposed workstations meet or exceed the standards of the below listed brand name equipment: • Dell Optiplex 960 Mini Tower Desktop Computer. • Intel Quad Core 2, 3 GHz-Processor. • Windows XP Operating System, with latest service pack. • Symantec G3iost. • Ghost Maintenance. • Microsoft. Enterprise Agreement - Pull Platform - True -Up Year One Microsoft Office. • McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support. • Network Interface Card (NIC). • t9" inch digital high resolution monitor with two (2) USB ports. • ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card. • 7 in 1 card reader. • 6 USB ports. • 320GB SATA 7200 RPM HDD 3.5" Hard drive. 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory. C. Administration Workstations: The proposed law enforcement Digital Photo Lab System will allow the.Police Department to continue its current business practice of having all images downloaded at the download stations and hnages can be viewed on the administrative workstations for quality control and assurance of images, storage and :cling. This proposal includes three (3) administrative workstations that meet or exceed the standards of the below listed brand name equipment. • Dell Optiplex 960 Mini Tower Desktop Computer. April 13, 2009 Page 32 Response to RTP 4127103 • Intel Quad Core 2, 3 GHz Processor. • Windows XP Operating System, with latest service pack, • Syrnantec Ghost. • Ghost Maintenance, • Microsoft Enterprise Agreement - Full Platform - True -Up Year One Microsoft Office. • McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support. • Network Interface Card (NIC). • 19" inch digital high resolution monitor with two (2) USB pods. • ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card, • 7 in 1 card reader. • 6 U'SB ports. • 320GB SATA. 7200 RPM HDD 3,5" Hard drive. • 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMMVM) Memory, D. Servers Two (2) servers will be provided for the operation and storage of the new law enforcement Digital Photo Lab media. One server will be used to store and retrieve media while the other server will be used as a redundant backup of the first server. The servers are capable of fitting into the existing Dell Server Racks located in the Miami Police Department (MPD) Server Room. Both servers meet or exceed the standards of the below listed brand name equipment: • Dell Power Edge 2950 III Server • Processor: two (2) Dual Core Intel Xeon L5240, 6MB Cache, 3,0 GHz, 1333 MHz FSB processors. • Operating System: Windows Server 2003. • Memory*: 16 GB 667MHz (8x2GB), Dual Ranked DIMMs. • -Riser Card: Riser with 3 PC. • Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable . Management Arm, Universal. • Power Supply: Energy Smart Redundant Power Supply with Dual Cords. • Hard Drive* Configuration: Integrated SAS/SATA Raid 5, PER.0 6/i Integrated. Hard drives must be swappable, . • Network adapter: Intel PRO 1000VT Quad Port 1GbE NIC, PCIe-4. • CD/DVD Drive: DVD-ROM, SATA, Internal. • Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition. In the City's RFP, the City stated that the proposer shall indicate what storage capacity and memory the servers must have based on the fact that the CST Unit currently takes about 12,000 pictures per month (500 rolls x 24 exposures per roll). April 13, 2009 Page 33 Response to RPP 0127103 Based on the City's workload and using the standard 90/10 rule where 90 percent of photographs taken are Category 1 images (defined by SWGIT as "documentation" photographs-3PG image files) and 10 percent are Category 2 images (defined by SWGIT as "evidentiary photographs — RAW or TIF photographs that are used for analysis), the City would require approximately 6.13 TB of used space over a period of five (5) years. (This assumption is based on an average of the typical file sizes generated by the cameras specified in City's RFP, i.e., Complete Camera Package 1 and Complete Camera Package 2, The City also stated that the server shall contain enough storage capacity to store at least five (5) years worth of data. The server specified in the City's RFP, the Dell Poweredge 2950, provides a maximum capacity of 6 TB, which yields an effective stoi•age capacity of only 4.5 TB, which does not fulfill the requirement for five years worth of data. Since this capacity does not meet the five year on-line storage requirement, the City stated in Addendum 3 that a "Direct Attached Storage Array Expansion Drive, such as the Dell PowerVault series" may be used, Therefore, our proposed solution includes the Dell Power Edge 2950 with 2-250 GB internal Drives in a Raid 1 configuration and the Dell PowerVauit MD 1000 with nine, 1 TB hard drives which yields an effective storage capacity of 7.2 TB, E. Scanners and Trinter This proposal includes all necessary accessories (i.e. cables, ink, software) for the proper functionality and integration of the equipment listed below with the law enforcement Digital Photo Lab system (workstations and servers). Quantity two (2) of each item listed below. Film Scanners: Nikon Super Coolscan 9000 ED • Flatbed Scanners: Epson Perfection V700 • Color Printer: Epson Stylus Pro 4880 • Printer Stand: C4800 Epson printer stand April 13, 2009 Page 34 Response to RFP #127103 b) Functionality and capabilities of the proposed software FORAY Technologies' Authenticated Digital Asset Management System, (ADAMS) platform consists of a variety of software modules that will be implemented to provide the level of features and functions specified in the City's RFP for a digital media storage system. These modules include: • Digital Workplace • Digital Acqu ire • Audit Trail • Advanced User Rights Management Digital Workplace Digital Workplace is the work space for the forensic specialist. It provides multilevel viewing of cases and digital evidence, along with comparisons of original and enhanced images. It continually authenticates originals and enhancements and only allows enhancements to copies of the original image. Digital Workplace displays asset acquisition statistics, such as camera EXIF data, history of enhancements, and an audit trail of all access to the digital•asset. Digital Workplace allows the use to record any chemical processes, dye stains, and powders applied to the asset as well as record. lighting conditions and light sources as well as identify the type of surface where the evidence was found. Digital Workplace also provides multiple options for recording unlimited free -form notes. Digital Acquire Digital Acquire provides the capability to download evidence from digital cameras, scanners, audio and video sources, or file systems. The interface is easy -to -use and presumes no user training, I t can be easily deployed on dedicated workstations, or on every desktop or squad car laptop. Digital Acquire is intended for fast, simple download of digital evidence and provides step-by-step process for downloading a single asset or a batch of digital assets to the asset repository. Each asset is authenticated and checked into the correct location within the repository. Assets are unaltered (including file name) and locked down with a digital signature. Once acquired, only permitted users may access the assets. Audit Trail Audit Trail tracks and reports on all changes made to cases and to each piece of digital evidence stored within the case. Each time the evidence is enhanced, shoved, processed, or simply viewed, an irrevocable audit trail entry is made. Even access to the evidenoe by programs outside of the Foray ADAMS platform is tracked by Audit Trail. During discovery as well as for presentation in the courtroom, the user can print reports for case and assets showing who, how and when any given piece of evidence was accessed starting from the time it was entered into the system. Advanced User Rights Management Advanced User Rights Management extends the built-in security of the ADAMS platform to include custom groups, privileges and access control. Custom groups can be created, users can be added to those groups, and privileges can be assigned to groups of users. For those agencies with an existing directory server, integration of groups and. users is automatic, and the system uses the April 13, 2009 Page 35 Response to RFP #127103 groups and users defined on the directory server, Specific cases or assets within cases can be locked clown so that only certain groups or users have access. c) Conversion methodology and approach The following methodology and overall approach will be used to convert the images ourrently stored in the Linear Systems digital photo lab to the proposed digital photo lab system. 1. Images currently stored in the Linear Systems digital photo lab will be exported by case number order 2. Images will be acquired into the proposal Foray Technologies ADAMS system in batch by case 3. Where 'available in the Linear Systems digital photo lab system, the following data elements will be entered during the conversion process: Asset Folder Type and enter the corresponding identifying asset folder (case) number • Contributing agency identification. ▪ Crime type and date on which the brime was committed + Identification of person who took the photographand the date the photographs were actually taken • Category (asset type) • Specific address (location) where the crime occurred • • Brief description that describes the asset(s) in the case NOTE: Any of the above information that is not currently in the Linear Systems digital photo lab system may be added by Miami Police Department personnel at any time. d) Proposer Coordination Plan Many software companies, such as Foray Technologies, create commercial off -the -shelf (COTS) software products to fulfill the needs for a commodity -type (non -customized) software product. The use of COTS software allows law enforcement agencies to reduce the risks associated with the acquisition, development, and support of custom -designed software solutions. The most significant benefits are reduced costs, optimized implementation schedules, improved reliability and maintainability using proven software products. In addition, high overhead costs associated with program management activities can be reduced significantly as well. Foray Technologies has been providing COTS software products to the law enforcement community for nearly 15 years. We have a demonstrated, proven track record of applying the appropriate knowledge, skills, tools and techniques to fulfill project requirements and guarantee the successful implementation of projects like the Digital Media. Storage System described in this proposal. April 13, 2009 Page 36 Response to R.>aP #127103 More importantly, we believe that projects like the Digital Media Storage System require a close, continuous, active partnership between the Customer's project manager, Foray Teo1unologies, and the end user. Our goal is to ensure total customer satisfaction by providing the highest level of consistent program management and follow-up throughout the life of the project, including but not limited to: • Review project status to maintain focus and maximize iirograin effectiveness. • Monitor overall progress against implementation schedule. • Resolve problems and issues, if any. • Escalate issues which can't be resolved by the project team. • Report requested plan variations and change control items. Implementation Services Plan Foray Technologies' Implementation Services plan defines the general approach to ensure successful system implementation. The goal of our Implementation Services is to identify the major milestones and activities in the project, and begins upon the successful award of the contract. The typical tiineframe for successful completion of a project like the Digital Media Storage System is approximately 8 weeks from award of contract to completion of training, and involves the following tasks: • Execution of contract • Notify Customer of space (footprint) requirements for proposal solution • Coordinate on -site installation and integration schedule • Coordinate on -site training • Coordinate network requirements with Customer for proposal solution • Complete procurement of hardware required for project • Perform on -site installation, integration and testing • Perform on -site training April 13, 2009 Page 37 Response to UP #127103 Implementation Schedule The following implementation schedule will be put into operation upon notification of contract award. Upon notification of contact award, the project manager will: .^ o Mail/Fax/Email order confirmation letter to City 2 o Schedule Project Kick Off date with City within one week from receiving the Purchase Order 9 • Once Project Kick Off date has been confirmed, schedule weekly call with City to doiifirrn any Mated -install and configuration issues that may arise, -The weekly calls -will continue through the entire process and will allow for planning of location changes and scheduling conflicts as outline in Section 6 of RFP 127103. .S • Provide City with required City tasks to .be completed prior to install (network connec- tivity, etc) Once City requirements are completed and confirmed, schedule installation and training dates with City. Once dates are confirmed, mail installation and training date confirmation letter to City. t* • Prior to on -site installation, provide City with a check Iist of items to be delivered and received on -site. • Prior to on -site installation, provide City with a check list of tasks to be accomplished during the installation and training by Foray, • City will confirm with Foray engineer and sign off for all items shipped and received prior to on -site installation and configuration., • City will confirm with Foray engineer and sign off for all tasks completed during the installation and configuration as designated in checklist. • Foray Engineer will convert the Linear Data Base. You will note that proof of.the ability of Foray to, import the images from the Linear Database were outlined and answered in Section 6. We acquired: and imported sample images that had been attached to RFP 127103 and ran an Acquisition and Asset Detail Report which are attached as Appendix • A of this response. • Training on application familiarization will begin upon confirmed completion of installation and,configuration. • System Acceptance Testing by the City will begin immediately upon completion of the training and will conclude within 30 days. • Continue to communicate with City on a weekly basis through the completion of system acceptance testing. April 13, 2009 Page 38 Response to RFP #127103 /4 • • Upon completion of System Acceptance Testing, submit statement of completion to the City for confirmation and signature.. e) Training Plan Above and beyond delivering sound, reliable, proven hardware and software solutions, Foray Technologies is committed to educating and informing our clients about the solutions they use. We set ourselves apart from the competition by providing valuable information that includes conducting digital imaging training programs, teaching best practices for using digital imaging technologies in your investigative processes, making product recommendations and sharing guidelines for establishing SOPs as well as testifying in court. No other vendor can provide the level of knowledge, real -world experience or law enforcement expertise that we do. We strive to deliver high value with all our products as well as our training programs, and we firmly believe that our proposed solution meets that goal. Upon successful installation of the hardware and software, training sessions will be conducted on -site at the Miami Police Department facility on the actual operating system workstations using real -world cases so there is no confusion once training is completed and the users start using the system to do their day-to- day case work. • Download Workstation Training Foray Technologies will provide two, one-half day sessions for Download Workstation Training NOTE: The software used on the download workstations (Digital Acquire) provides the ability to download digital images from digital cameras, scanners, audio and video sources, or file systems. Digital Acquire is intended for fast, simple download of digital evidence and provides step-by-step process for downloading a single asset or a batch of digital assets to the asset repository. The interface is easy -to -use and presumes no user training. However, Foray Technologies uses a "Train -the -Trainer" methodology for this module to ensure system continuity, functionality and usage so agencies can easily manage personnel changes ill the future, • Administrator Workstation Training Foray Technologies will provide three full workdays of training to the ADAMS administrators and primary users. This three-day training class provides a total of 24 hours of ADAMS user familiarization on the proper use and operation of the application components that permit entry, retrieval, processing, printing, exporting and archiving the digital images in the proposed system. Core users will receive two and a half days of operational training and the lT/Admin will receive an additional one-half day of advanced system administrator training. Classes typically run from 8:30am-4:30pm daily. To ensure the highest level of success, we , believe that the student -to -workstation ratio with a limited number of computers should not exceed 5 to I April 13, 2009 Page 39 Response to R.PP #127103 Sample Training Course Outline: Day One: ADA1vIS Application overview • Logging on/Passwords • Windows Menus/Task Bar/Icon familiarization • Views/rile Polders Asset Acquisition • Acquiring from a device • Acquiring from the file system • Entering Incase/asset information Day Two: Application Overview Review of Acquisition Process • Image acquisition procedures • Importing a ease. Processing In Digital Workplace • Image Orientation & Alignment • 1:1 Calibration Processing in Photoshop • Basic Photashop Techniques • Foray Plug-in Filters Output • Report and printing options • Exporting an Individual asset • Exporting a case Day Three: Review ofADAMS system application • . Acquire • Process • Output • Windows Menus/Task Bar/Icon familiarization • Views/File Folders • Search Options April13, 2009 Page 40 Response to RPP #127103 Administrator Familiarization • User Rights Access/Permissions (to include adding new users, granting user permissions, deleting old users, etc.) a Archiving • Restoring an archived image/case • System maintenance • Back-up procedures • Remote Support • Image Archive subsystem operation NOTE: Like the Download Workstation Training Program, Foray Technologies uses a "Train -the -Trainer" methodology for the Administrator Workstations to ensure system continuity, functionality and usage so agencies can easily manage personnel changes in the future. In addition, user manuals will be provided at the training sessions. An electronic version of the user manual will also be provided to the City so that the City may print and distribute additional copies as the need arises. All updates made to the user manual will be provided to the City at no cost. April 13, 2009 Page 41 Response to RFP #127103 EXHIBIT C Proposed Proposal dated and any modifications/addenda thereto Professional Services Agreement — Foray Technologies --RFP 127103, Law Enforcement Digital Photo Lab System 24 rTh a '1 TECHNOLOGIES %At Response to The City of Miami Request for Proposals (RFP) FORA LAW ENFORCEMENT DIGITAL PHOTO LAB SYSTEM RFP Number: 127103 RFP Closing Date/Time: 15-APR-2009 @ 14:00:00 Buyer: Gonzalez, Yusbel Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: YGonzalez@chmiami.fLus 3911 5lh Ave, Suite 300• Sanniego, CA 92103 619.858.1360 • (fax) 619,858.1366, • www.foray.com cA.,. FORAY" TEOHNOLOGIES April 13, 2009 City of Miami - City Clerk 3500 Pan American Drive Miami, FL 33133-5504 Attention: Yusbel Gonzales - Buyer Subject: Request for Proposal Number 127103 Law Enforcement Digital Photo Lab System — City of Miami Police Department Due Date: April 15, 2009.at14 O0 EDT . _ . _ . -_--- -- - - - .-. --.-- Dear Mr. Gonzales: On behalf of Foray Technologies, I am pleased to submit Foray Technologies' response to Request for Proposal (RFP) Number 127103 for a Law Enforcement Digital Photo Lab System for the City of Miami Police Department. In addition, I hereby acknowledge receipt of Addendum No.1 dated March 16, 2009 to RFP Number 127103, and Addendum No. 2 dated April 1, 2009 to RFP Nuinber 127103. Pursuant to Section 4.1 Submission Requirements, the following information is provided: Proposers Name; Foray Technologies Contact Person:. .Donald McFall, Sales Representative Firm's Liaison for Contract: David "Ski" Witzke, Vice.Prresident Program Management agement Primary Office Location: 39115thz Ave, Suite 300 San Diego, CA 92103 Business Phone/Fax: 619-858-1360 Phone 619-858-2366 Fax Applicable Email Addresses: Daviel "Ski" Witzlce—diwitzke@foray.conz Donald McFall— rinzcfall@gray. com Title of RFP: Request for Proposals (RFP) for Law Enforcement Digital Photo Lab System RFP Number: 12.7103 FEIN #: 20-0491220 We have carefully reviewed the City's Request for Proposal, and our proposed solution meets, and in many instances, exceeds the City's stated specifications. Our proposal includes all required hardware, software, installation,, training and support necessary to fulfill the digital media storage system needs for the City of Miami's police Department both today and in the future. 3911 5`h Ave, Suite 300• San Diego, CA 92103 919,858.1360 • (fax) 619,858:1366 • www,foray.00m Foray Technologies' Response to RFP Number 127103 April 13, 2009 Page 2 We have more than 15 years of proven, demonstrated experience providing fully integrated, customized, turnkey forensic digital imaging solutions. In that time, we have developed a reputation of excellence for delivering superior products and training and support services•within the law enforcement community. All of our solutions are modular, which means they are extremely flexible and are customized to fit your current needs and can be expanded to fit your future.needs — quickly, easily, and economically. We offer a wide range of configuration options from mobile forensic imaging systems that can be used at a crime scene to comprehensive digital image processing solutions that fulfill all of your forensic digital image acquisition; processing, storage and retrieval requirements. This includes individual stand-alone systems to large, multi-user, multi -site networked solutions. Once you have reviewed this proposal, T am sure you will'agree that Foray Technologies is uniquely qualified to provide the solution for. City's request for a Digital Photo Lab. Foray Technologies is focused solely on the digital asset management and the needs of law enforcement, and provides consulting, training and deployment services in addition to its hardware and software products. Foray's digital asset management solutions are currently used by hundreds of law enforcement agencies at all Levels — local, state, federal and international. I am also confident that we can deliver something that no one else can deliver: a proven track record of unmatched customer service provided by a professional team of hardware and software engineers together with individuals who are well known in the field of forensic imaging. Our customer loyalty is unmatched by anyone in the industry. Quite simply, it would be extremely difficult to find a vendor who is more committed than we are to delivering a total solution. Once again, thank you for the opportunity to submit this proposal for a comprehensive Digital Photo Lab System, We are truly looking forward to.working with you to fulfill the needs of the City of Miami's Police Department. Please do not hesitate to call me at 619.858.1360 extension 521 if you have any questions or comments, or if I can provide any additional information. Respectful'',, subm' red Detiald McFall Sales Representative ' PS: A copy of the Foray Technologies' Authenticated Digital•Asset Management System brochure and product information sheets are included with this proposal. In r FORAY TECHNOLOGIES • SECTION 1: Table of Contents SECTION L .Table of Contents i SECTION2: Certification Statement from R.FP) 1 SECTION3: Executive Summary _ 5. SECTION4: Overall Qualifications and Experience 8 SECTION5: Ability and Capability to Perform Required Services 13 SECTION6: Methodology and Overall Approach to Scope of Work 31 SECTION 7.. Cost Proposal — Pricing Schedule 42 SECTION 7: Cost Proposal — 5 Year Life Cycle Cost 49 SECTION'S: Trade Secrets and Public Records Disclosure 50 SECTION9: Optional ADAMSAdvance Archival Management Solution 51 APPEND.T. A.: Sample Image Conversion Documentation 52 APPENDIX' B:Brochures and Product Information Sheets 53 April 13, 2009 Wage i Response to RFP #127103 Line: 1 Description: Law Enforcexnent Digital Photo Lab, Pursuant to Section 3, Scope of Work Category: 65578-56 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ * Please refer to Section 7 Cost Proposal found on Page 42 . Page 5 of 38 ,tl �O OH u NOLOGIES $ECTIO''; 3 Executive Summary Foray Technologies is the leader in the supply, installation and training of digital photo lab systems specifically used by law enforcement agencies at all levels -- local, state, and federal, Foray's Authenticated Digital Asset Management System (ADAMS) solutions include, but are not limited to, all of the hardware and software required— crime scene camera equipment and other hardware and software to capture, download, transfer, and archive digital images, as well as the hardware and software for case and evidentiary management of images, video, audio, and any other digital (electronic) data. The Foray ADAMS platform is also the only forensic digital asset management solution based on real - world experience and developed by professional's with a background in law enforcement, which means the system is solely qualified to address the unique needs of the law enforcement community. The Foray ADAMS platform, the successor to the PC Pros MORE HITS product, is the only forensic digital imaging solution that has been in use continuously since 1994. As the leader in digital asset management technologies, the Foray ADAMS products are compliant with the requirements and guidelines established by organizations such as the International Association for Identification (IAI), the Scientific Working Group on Imaging Technologies (SWGIT), the American Society of Crime Laboratory Directors (ASCLD), and the National Institute of Standards and Technology (NISI). Moreover, Foray's advanced digital asset management techniques have been used as the model for standards developed by organizations such as SWGIT. For instance, ADAMS is the paradigm for the workflow described in Section 13, Best Practices for Mairztainircg the Integrity of Digital Images and Digital Video of the SWGIT Guidelines. • SWGIT also states that the best way to authenticate digital assets is to use a hash algorithm that assigns a hash value to each image.' Some digital asset management solutions providers digitally sign their images using an MD5 hash algorithm and claim this technology wilt be accepted by courts. However, flaws have been found with this process as early as 1996, and by 2004 the algorithm was considered to be questionable for security purposes because of the serious flaws found in the algorithm. In 2007, a research paper was published that cracked the MD5 algorithm wide open --this paper included instructions that would allow someone to create a file that has the sane digital signature as another file. Only Foray Technologies uses a SHA-256 secure hash algorithm, which is the current NIST standard (NJST F7PTS 180- . Secure Hash. Algorithm) for authenticating digital evidence. Digital evidence comes in many forms: • Digital photographs (from industry standard media formats such as compact flash cards, xD picture cards, memory sticks, micro drives, smart media, CDs and DVDs) Page 5, Section 13, "Best Practices for Maintaining the Integrity of Digital Images and Digital Video", Overview of SWGIT and the Use of Imaging Technology in the Criminal Justice System, Version 1.0 2007.06,04. (Previously released as "Guidelines for the Use of Imaging Technologies in the Criminal Justice System") April 13, 2009 Page 5 Response to RFP #127103 • Scanned images • Video files • Audio files • Contents of mobile phone memory • Images of computer hard drives However, not all digital assets are digital evidence, The ADAMS platform can also be used to manage all types of digital assets including but not limited to: • Crime scene reports (created using word processing programs such as Microsoft Word) • • Biology/Serology (DNA) worksheets (created using spreadsheet programs such as Microsoft Excel) • Accident and crime scene reconstruction drawings (creating using drawing applications such as Visio or 3d Crime, Fire and Traffic Accident Scene Reconstruction software) The bottom line is that one of the most crucial elements of any successful digital asset management system is verifying that you have the right system in place to ensure you do the right thing in the right way. ADAMS is that system. The ADAMS platform provides a comprehensive management system for quality, administrative and technical operations involving forensic digital evidentiary photography; and the ADAMS platform has been used successfully by accredited law enforcement facilities that comply with the requirements of ISO/IEC 17025:2005. The ADAMS solution is based on open system architecture, which means Foray's solutions are flexible . and affordable, and can be expanded at any time to fit your future needs — quickly, easily, and economically. In addition, ADAMS is: • Designed to be remarkably easy to support and maintain. • Intended for fast, simple download of digital evidence —the interface is remarkably easy to use, and provides a step-by-step process for downloading a single asset or a batch of digital assets to the asset repository, • Designed for rapid, easy deployment on dedicated workstations or on every desktop or squad car laptop in the department. • Designed to store digital assets from all digital imaging devices in its original, unaltered format from digital cameras (TIP, RAW, JPG), flatbed scanners, film scanners, video cameras (MPG, AVI, MP4, WMV, etc) and so forth, • Designed to accommodate a number of agency -specific configuration options that can be customized by the ADAMS Administrator, such as asset categories, crime types and so forth, thus ensuring that the system always has the most current list of options as well as ensuring maximum consistency of the data, • Compatible with Open DataBase Connectivity (ODBC) standards and provides maximum compatibility with other systems. • April 13, 2009 Page 6 Response to REP #127103 a Designed to provide complete asset management and allows you to customize user rights and control access permissions for actions on per case and/or per asset basis, including exception -based access control. • Designed to provide seamless integration with your existing network data security (such as Active Directory, Novell eDlrectory, Oracle ID) infrastructure. • Designed to maintain a detailed chain -of oustody automatically by tracking all user actions and access to digital assets - dual audit trails are maintained for a complete chain of custody: one audit trail is maintained for actions conducted within the application while a separate audit trail is maintained by the operating system for access from outside the application. Foray Technologies is focused solely on the needs of law enforcement and digital asset management solutions, and provides consulting, training and deployment services in addition to its hardware and software products. Foray has more than 15 years of proven, demonstrated experience providing fully integrated, customized, turnkey forensic digital imaging solutions. In that time, Foray has developed a reputation of excellence for delivering superior products and support services within the law enforcement community. Above and beyond delivering sound, reliable, proven solutions, Foray Technologies is committed to providing the highest level of forensic imaging training based on real -world knowledge and law enforcement expertise. For instance, with nearly 20 years of AFIS and digital imaging experience, David "Ski" Witzke, Vice President, Program Management for Foray Technologies, is considered to be one of the foremost experts in forensic digital image processing technologies. Ski was a guest instructor for the Digital Processing of Evidentiary Photography at the FBI Academy in Quantico, Virginia for eight years, and was the instructor for the Forensic Digital linage Processing program at the British Columbia Institute of Technology (BCIT) in Vancouver, BC for more than six years. Ski is also a contributing writer for two well-known books: Crime Scene Photography (First Edition, Published 2007 by Academic Press) and Footwear, The Missed ,Evidence (Second Edition, Published 2007 by Staggs Publishing). (Crime Scene Photography has been chosen by the IAI Crime Scene Certification Board as required reading for anyone wishing to test for certification in 2008-2010.) Ski is also the chairperson of the Digital Imaging Subcommittee of both the Chesapeake Bay and Florida Divisions of the International Association for Identification. In addition, Ski was a keynote speaker at the European Network of Forensic Science Institutes (ENFSI) Fingerprint Working Group Meeting in Split, Croatia, and conducted a series of digital image processing programs for the Federal Department of Justice and Police AFIS/DNA Services in Berrie, Switzerland. In summary, Foray Technologies can deliver something that no one else can: a proven product with a track record of unmatched customer service provided by a professional team of hardware and software engineers together with individuals who are well known in the field of forensic imaging. Foray's customer loyalty is unmatched by anyone in the industry. Quite simply, it would be extremely difficult to find a vendor who is more committed — or more qualified — than Foray is to delivering a total solution. 2esp-dottil1 submitted, Donald McFall )J ""'Sales Representative April 13, 1009 Date signed Foray Technologies 3911 5111 Ave, Suite 300• San Diego, CA 92103 619.858.1360 • (fax) 619,858.1366 • www.foray.conm April 13, 2009 Page 7 Response to RFP i 127103 FORAY" TECHNOLOGIES SECTION 4: Overall Quallfications and Experience a) Organizational History Foray Technologies is focused solely on the digital asset management needs of law enforcement, and provides consulting, training and deployment services in addition to its hardware and software products. _)~'.oi_ay.'s_digital_ asset management solutions are currently used by hundreds of law enforcement agencies at all levels — local, state, federal and international. Ftrthetiiioi e,ritli The-ADAMS• lilatforin = thesGccessor to the PC Pros MORE HITS product —Foray Technologies is the only company to provide forensic digital imaging solutions that have been in use continuously since T'995. In July 2003, Foray Technologies began a transfer of technology of the MORE HITS family of products • under an exclusive licensing agreement with PC PROS, the leading forensic imaging solutions provider for more than eight years. The transfer from PC Pros to Foray was completed in April 2004. Under the terms of its exclusive licensing agreement, Foray Technologies would provide advanced, innovative digital imaging products and services to the MOREHITS customers worldwide. The exclusive access to the proven MORE HITS technology and expertise has allowed Foray Technologies to develop digital imaging products that are second to none. b) .Principles, Owners and Directors • Thomas Hennings — President, LLC Member ••• Michael Ander — LLC Member Mont Rothstein —Vice President, Technical Development • David "Ski" Witzke — Vice President, Program Management • ' April 1.3, 2009 Page 8_ Response to RFP 4127103 c) References • Foray Technologies has an installed user base that consists of hundreds of law enforcement agencies using its complete line of forensic digital imaging products throughout the United States and around the world, Foray Technologies has successfully installed more than one hundred new systems for law enforcement agencies ranging in size from single workstation solutions to multiple workstation solutions within a single department as well as multiple -departments within a single agency sharing information in separate locations. The following references are provided in accordance with the request specified in RF'P Number 127103: City of Chicago Police Department 1011 South Homan Ave Chicago, IL 60624 David Grant (312) 746-6644/94 Gwinnett County Police Department 770 Hi -Hope Road Lawrenceville, GA Nancy Jenkins (770) 513-5287 Boca Raton Police Department 1.00 'North West 2nd Avenue Boca Raton, FL 33432 Frank Katen (561) 338-1290 County of Henrieo Police Department 7721 East Parham Road Richmond, VA 23294 Investigator Marc Downer (804) 501-4888 Federal Bureau of Investigation 2501 Investigation Parkway Quantico, VA 22135 Terry Green (703) 632-7157 Ft Lauderdale Police Department 1300 West Broward Blvd Ft Lauderdale, FL 33312 Sgt, Bill Stewart (954) 828-5542 Saint Lucie County Sheriff's Department 4700 West Midway Road Ft: Pierce, FL 34981 Sgt. Carl Muschweok (772) 462-3311 d) Discontinued Services No Foray Technologies clients have discontinued using the ADAMS software within the past three (3) years. However, Foray A.DAMS solutions have been purchased within the past three (3) years to replace systems previously provided by other law enforcement digital photo lab systems providers including, but not limited to, the Laguna Beach, California Police Deparment (system previously provided by Linear Systems) and Suffolk County New Yorlc Police Department (system previously provided by VeriPic, e) Letters of Reference Attached are three letters of reoommendation that we have received from current users that clearly demonstrate our experience and expertise in the sale, installation, implementation and support of law enforcement digital photo lab systems similar to that proposed for the City of Miami. Apri113, 2009 Page 9 Response to RIT 44127103 COMMONWEALTH OF VIRCIINIA COUNTY OF HENRXCO DIVISION OF POLICE HENRY W. STANLEY, JR. CHIEF OF POLICE April 9, 2009 To Whom It May Concern: For the past four years; the -lezisie° County Division of Police has been involved -in -the transition - of switching our department from: standard 35mm film cameras over to digital cameras. We made it our goal to not only outfit every investigator within the Division with a camera; but every sworn officer within our department, The total compliment for our department is over 600 'officers and investigators. Along with the tremendous camera need for this transition, it was apparent that there was also a need to find software that could capture, secure, maintain, aid protect all of our photographs. After meeting with many different companies from around the United States and viewing their products, one company naturally rose to the top. Foray Technologies was the company that was chosen to help lead our police department into the 2l st century. We quiekly learned that the ADAMS Software that we were purchasing from Foray would store not only our photographs, but also any audio, video, word documents, cell phone history, and any other form of digital media that may be used as evidence in our investigations. Over the past year, we have worked hand in hand with everyone from the sales representatives to the software programmers to insure that the product that we have purchased best suits the needs of our department. This software continues to get better with every update that we receive. Anytime that we have a question related to the software, the support staff is only a phone call or an e-mail away. I have always been pleased with their prompt response to all of our needs. The partnership that we have formed with Foray is so strong that we are currently in the process of purchasing additional products that they offer that will work in conjunction with the ADAMS Software. I truly feel that the ADAMS Software is top of the line. I feel positive in saying this because I am not only the product manager that oversaw the purchase, installation, and on -going progress of the ADAMS Software, but I am also a Forensic Investigator with the Division that uses this software on a daily basis. i look forward to working with Foray Technologies and their many employees for many years to come. If you have any specific questions that you would like answered, please do not hesitate to call me in theoffice at (804)501-4888, extension 2. Sincerely, Marc E. Downer Forensic Investigator AN INTERNATIONALLY ACCREDITED LAW ENFORCEMENT'AGI=NCY 7721 EAST PARHAM ROAD / PO BOX 90775 / HENRICO, VIRGINIA 23273.0775 Forensic Science Laboratory 1200 N TELEGRAPH RD., Building 38 E, PONTIAC, MI 48341-1044 (248) 858 — 5018 Lynn Slaughter Eastern Region Sales Representative Foray Technologies, Inc. 3911 51h Ave., Suite 300 San Diego, CA 92103 Dear Ms. Slaughter, June 23, 2008 l would like to convey our level of satisfaction with the Foray System's ability to enhance digital images and the level of service we have received in maintaining the system. Our laboratory acquired the Foray System in November of 2005. The system is used by four latent print examiners and two latent print technicians for enhancing and documenting latent finger and palm prints. The system Is also used by three firearms examiners in the same context for latent impression evidence. The Foray System is an outstanding tool for capturing and enhancing our latent images. Our examiners routinely use the system and have had excellent results in the system's ability to clear -up images to attain the necessary level of detail required for comparison purposes. The file system is intuitive and provides an ideal secure method for storing our digital media in compliance with iSO 17025:2005 and ASCLD/LAB International accreditation requirements, With regard to maintenance, we have had only one repair issue with the system's printer. Upon notifying Foray of the problem they immediately sent out a new printer to resolve the problem and bring us back on-line expediently as possible. I especially want to thank you for your personal involvement in insuring we received a product that met our needs and the continued support your company provides. Please feel free to invite anyone interested in discussing our satisfaction with the system to contact me at their earliest convenience. Yours Truly, Kent A. Gardner Laboratory Director WT 1�b7%UUJ w'T 414 / (t15L3E2bb l.;l:i.ML•. bLk l' UNJ.I I— I b U2(U2 GWINNETT COUNTY POLICE DEPARTMENT . . 4tmr+.. -•nn 770 )it -HOPE ROAD N LAWRI:NCFVILLw, GA 80OA 3 a 13,0. 1 0J( 60g. 0 LAWREIVCITNILLE, GA 3004G (770) 61 S-5000 April li, 2009 Reference,: Foray Technologies To Whom It May Concern: .-1haVe-llad.t110.pleafitlre-o'f,knowing-several-orthesta itne,l be rs at Foray -Technologies -for -• - trrtmeror.Is years, The original software progran "More lifts" was introduced -to me at an MI con prone and it became my goal to purchase `this program for processing latent prints that crimp scene investigator's recovered from cringe scenes. I received the first version o•fthe ADAMS softwnrc I'or Digital Workplace in 2006. It was exactly what 1 expected it to be and led nip to focus On the fixture needs of the Department to procure the turnkey ADAIVSS System for managing all digital assets that were obtained by members cfthe Department, In November 2008 we were able to acquire an additional DigitdlrWorkplace station that is maintained in Crime Scene Investigations, In, addition we ,have a secure server, Digital Acquire Modules for personnel 'to upload their digital assets •i'rot» remote sites, and Digital Web Viewer that is browser based and setup through our Intranet, We designate by establishing user rights as to who has viewing privileges, Through the ADAMS system the Owinnett County Police,Department has achieved .multiple goats of maintaining the security and integrity of digital. assets. ADAMS provides authenticity, has controls for accessibility and tracks eaclr, oonta.ot with the digital asset, Digital Worlcplaoo allows crepe scene investigators to process latent fingerprints through Adobe Photoshop and transfer the images directly to our AFIS system, We are able' to retrieve any asset ,from the secure •server° and print it on demand directly to our photo lab, Foray Technologies has an excellent support aid training,staff, They are dedicated to their customers and strive to ensure that the customer's needs are met, Tlzoy did not hesitate at OUT request to assist us with some additional training alder the installation, •r am confident that we will continue an extended relationship with Foray Technologies for p'rany years to collie, Sincerely, Nancy G, Jenkins Crime`Sceno Investigations Manager A NN OONALLY ACcREorrnn ArrxniCY Wok TECH NOLO GI E5 SECTION 5 Ability and Capability t, , Perform Required Services a) Staffing • In the entire company: 9 • In software development: 3 • In product sales: 6 • Sty technical support: 6 b) Proposed Project Organization Chart David "Ski" Witzke Vice President, Program Management Project Manager llonald McFall Sales Representative Project Sales Christopher Jason Gulley Technical Services Engineer Installation/Training Rob Bnrkindine Technical Services Engineer Installation/Training The project team will be composed offou • primary key staff members. Their resumes are provided on the following pages: (a) David "Ski" Witzke, Vice President of Program Management (b) Donald McFall, Sales Representative' (c) Christopher "Jason" Guffey, Technical Service Engineer (d) Rob Burldndine, Technical Service Engineer As outlined in the RFP, Donald McFall will be the primary Point of Contact for dealings with the City Project Manager. A�xil 13, 2009 Page 13 Response to RPP #127103 Resume of David "Ski" Witzke . Vice President of Program Management EXPERIENCE SUMMARY David Witzke has an extensive background in all .facets of software design and develop- ment; hardware implementation; systems integration, installation, technical support and training. His responsibilities have included developing both preliminary and detailed system specifications; supervising all phases of project management; designing, developing and writing technical.manuals, user manuals, quick reference guides and training manuals; and developing a implementing a comprehensive corporate identity program. He has also been responsible for successfully managing projects ranging from several thousands of dollar°s.to_s.everal_rnillions of dollars,_and has also established a reputation for his ability to manage numerous individuals in a wide variety of disciplines, "-"-" -- training, software development, test/quality assurance, administration, sales and marketing, and so forth. David has earned both national and international recognition•for conducting user training for both novice and experienced computer users in a wide range of military and forensic disciplines. He has also had numerous security clearances from confidential to top secret with special access. In addition, David has developed and is now training latent print examiners how to create and use anew; innovative technique for preparing court exhibits that clearly demonstrates all three levels of fingerprint detail to the lay person in a matmer that.is readily understand- able using traditional court charts. This new charting technique uses the latest digital imaging technologies, and makes it significantly easier to view and explain level 2 and 3 ridge detail. More importantly, it eliminates the use of numbers or letters to show corre- sponding characteristics between the latent and known prints. This new charting technique has been used with great success in numerous cases throughout the united States and Canada. RESEARCH INTEREST • Advanced techniques for forensic image processing and enhancement • Certification/proficiency standards for digital imaging in a wide variety of markets, including law enforcement, pharmaceutical, research, and so forth • Development and implementation of new and emerging digital imaging technolo- gies, including development of policies and standard operating procedures • Regulation and standardization of digital imaging policies and procedures, includ- ing certification standards and proficiency testing TRAINING INTERESTS • Basic digital imaging courses, including an introduction to and the use/understand- ing of basic digital imaging concepts and their applications within the forensic community Advanced digitai•imaging courses, focusing on specialized image enhancement April 13, 2009 Page 14 Response to RFP #127103 techniques within the forensic community HONORS/AFFILIATIONS • Member, International Association for Identification ---International Chapter • Member; Forensic Photography and Electronic Imaging Subcommittee of the International Association for Identification • Member, California State Division of the International Association for Identifica- tion • Member, Canadian Identification Society —International Chapter • Member, Chesapeake Bay Division of the International Association for Identifica- tion • Member, Florida State Division of the International Association for Identification • Member, National Sheriff's Association — International Chapter RELATED EXPERIENCE Vice President, Program Management emeizt December 1995 to Present FORAY Technologies, LLC, San Diego, CA (formerly known as PC Professionals, Inc. d.b.a. PC Pros, Lakewood, Washington) Successfully launched Foray Technologies' Authenticated Digital Asset Management System (ADAMS), formerly known as MORE HITS Forensic Image Processing System, a new digital imaging technology that has become the international leader in forensic image processing. This accomplishment included designing and developing a successful strategic marketing plan and supporting marketing collateral, Currently manage both national and international sales, conduct forensic digital imaging training programs, and supervise all forensic program activities. These responsibilities also include conducting sales calls with current and potential customers as well as visiting customer sites to conducts needs assessments, evaluate operating procedures, and implement "high-tech" forensic imaging solutions. Have successfully managed and coordinated project manage- ment activities for more than one hundred eighty law enforcement agencies throughout the United States, Canada and the United Kingdom. Managed technical support activities as well as recently implemented a new customer service/satisfaction program. Also successfully developed and conducted digital imaging training programs for law enforcement agencies at all levels local, state and federal — across the United States and Europe. Have established a reputation as a leader in forensic image processing, and is frequently a guest speaker at regional and international conferences, such as the Interna- tional Association for Identification (IAI), the California Association of Criminalists, the Northwest Association of Forensic Scientists, and the Canadian Society of Forensic Identification Specialists. Also has been instrumental in the development and success of the forensic image processing training program that is now being taught by the Federal Bureau of Investigation (FBI) at the FBIAcademy in Quantico, Virginia. April 13, 2009 Page 15 Response to RFP #127103 Senior° ANS Trainer August 1993 to December 1995 Senior Technical Writer December 1989 to September 1991 Sagem-Morpho, Tacoma, Washington (formerly known as North American Morpho Systems,, Inc.,.aka,NAMSI, Tacoma, Washington) Responsible for creating detailed system specifications and writing user manuals for a leading Automated Fingerprint Identification System (AFIS), Developed and implemented AFIS training programs for novice and expert tenprint technicians and Iatent print examin- • ers, Responsible for preparing the successful responses to Requests For Proposals (RFPs) - -that led to the award 'of several state.and-regi'onal AFIS projects.— — PRESENTATIONS During the past ten years, David Witzke has been a frequent guest speaker atinore than a hundred conferences throughout the United States, Canada and England. These programs have included both lecture and hands-on training sessions ranging in topics from An Intro 'duction to Digital Imaging, Image Enhancement Tips and Techniques, Advanced Digital Imaging, New Charting Techniques, and so forth. He has been invited repeatedly to present at the following conferences: • Georgia Division of the International Association for Identification (IAI) Annual Conference • AFIX Tracker User's Group Annual Meeting • Mid -States Division IAI Conference • Arizona Identification Council Annual Conferences (Arizona Division of the IAI) • California Association of Criminalists Annual Conferences • California Division IAI Annual Conferences • Canadian Forensic Identification Society Meetings (annual), British Columbia, Canada • Canadian Identification Services Meetings (annual), Ottawa, Ontario, Canada • .FBI Symposium, May 1997, Las Vegas, Nevada • Florida Division IAI Annual Conferences • Illinois Division IAI Annual Conferences • Indiana Division IAI Annual Conferences • International IA.I Annual Conferences (have instructed multiple classes annually since 1996) • Iowa Division IAI Annual Conferences • Missouri Division IAI Annual Conferences • Nebraska Division IAI Annual Conferences • Nevada Division IA1 Annual Conferences • New England Division IAI Annual Conferences • Ohio Identification Officer's Association Annual Conferences • Pacific Northwest Division IAI Annual Conferences • Rocky Mountain Division IAI Annual Conferences , • Sagern-Morpho AFIS User's Group Meetings (annual) • Southwest Association of Forensic Scientists Annual Conferences • Texas Division IAI Annual Conferences April 13, 2009 Page 16 Response to RFP #127103 • Toronto Police Services Forensic Identification Society Meetings (annual), Toronto, Ontario, Canada • Tri-States Division TAI Annual Conferences • Wisconsin Division JAI Annual Conferences In addition, he has conducted numerous forensic image processing training programs for colleges and universities as well as law enforcement agencies at all levels — federal, state and local. These presentations have included: • 2000, 2001, 2002, 2003, 2004 and 2005 Academic School Years, British Columbia Institute of Technology, Vancouver, British Columbia, Canada • 1998, 1999, 2000, 2001, 2002, 2003, 2004 and 2005 Digital Imaging Training Programs at the FBI Training Academy, Quantico, Virginia • 2002 Academic School Year, Kansas City Community College, Kansas City, Kansas PUBLICATIONS Robinson, Edward M. (2007) "Crime Scene Photography." (Chapter 8, Digital Imaging, contributed by David Witzke) Academic Press, Boston, MA. Hilderbrand, Dwane S. (2007) "Footwear, The Missed Evidence." 2"s Edition. (Chapter 8, Digital Imaging, contributed by David Witzke) Staggs Publishing, Wildomar, CA. "The New Digital Mantra: Resolution, Resolution, Resolution," Law Enforcement Technology (June 2004) "It's a Photo Finish Not Junk Technology," .Evidence Technology (May 2003) TELEVISION The Computer Connection, Northwest Cable News Network. (CNN), April 1996 EDUCATION National University, San Diego, Califor•tzia — Graduated magna ruin laude with Bachelor of Arts degree with emphasis in Computer Information Systems San Diego State University, San Diego, California— Bachelor of Arts degree in English April 13, 2009 Page 17 Response to RIP #127103 Resume of Donald McFall Sales Representative • Sales Representative--ForayTechnologiesLLC, San Diego, CA April 2007—Present Foray provides Law Enforcement Agencies with solutions to manage their digital assets including authentication, access tracking, audit trails, user rights management, intra-agency connectivity and AFIS (Automated Fingerprint Identification System) connectivity. Responsible for lead generation, follow-up, quote preparation and all aspects of customer service; Also tasked with finding new avenues of need/integration for theADAMS product line and Business Development. • Government Sales Manager —Nor^itsuArseriaa Corporation, .Buena .Park, CA October 2000-April Noritsu is the World's Largest Manufacturer of Photographic Processing Equipment. Responsible for the completion and administration of the GSA Federal Contract, ongoing sales to Federal customers both DOD and Non -DOD. Design, layout, printing and distribution of the GSA Contract Printed Price Catalog. Administration and design of the GSA website utilizing the SIP Program. Responsible for acquiring State, Local and Municipal sales primarily with Law Enforcement. Education of Corporate Sales Force in Procurement Strategies, Marketing and New' Business Development within the Law Enforcement Sector. • Sales Manager — Tesla Industries Inc., New Castle, Delaware November 1998•--September2000 Testa manufactures AC -DC Power Conversion Equipment for use in the Aerospace and Defense Industries. Trained and managed sales staff, established NSN (National Stook Numbers) on new products, managed and acquired Government Contracts both domestic and foreign, wrote technical manuals on all product, utilizing page maker, Photo Shop and Corel; produced all marketing materials including Catalogs, brochures, trade show booths, and trade magazine advertisements, created and completed a direct rnaii campaigns, establishment and znana.gernent of International Repair Facilities, management of distributors, HR Duties, • Self Employed and Employed —November 1993 — October 1998 Photographic Consulting within the Printing Industry. Ran a Photographic Studio for a Pre -Press Shop. Production Manager for regional Pro Lab Filmet of Pittsburg, PA. Straight Commission SaIes Americana Portrait. • Production Manager —Della Color, Lancaster, PA, January 1991—November.1993 Delta is a Professional Photographic Laboratory which caters to Professional Photographers. Duties consisted primarily of: scheduling, inventory control, purchasing, quality control, Maintenance on all equipment including set-up and calibration, set up a cross training program to train ernp loyees in each of their respective area's and human resources. • Quality Control Manager * VSFL Herr^ljunga, Sweden December 1987— Jamtcrry1991 VSFL was a high volume Photographic Laboratory which processed both Amateur and Professional Photographs, They employed approximately 200 people with volume of over 10,000 rolls of film a day. Duties consisted of: chemical analysis, control and regeneration, HAZMAT program, maintain strict control of plant discharge into municipal sewage system, machine maintenance, calibration and repair of machines, training of operators production line improvement and optimization, quality control. April 13, 2009 Page 18 Response to RFP #127103 * 'United States Naval Photographer — United States Navy December 1980—December 1987 Responsible for the acquisition of high quality Intelligence Photography taken from a P3C Orion Responsible for all Squadron Camera Systems along with the Training of Aircrews in the gathering of Intelligence Photography. Meritoriously Promoted due to development of a system to use the Aircraft's DC Power to power in- flight Camera Systems. Responsible for all electromechanical maintenance on photographic systems including board level repair:. Color Print Supervisor while stationed at NAS Miramar, CA. Deployments to Iceland, Bermuda, Spain with detachment duties to Puerto Rico, Holland, Scotland. Honorably Discharged, April 13, 2009 Page 19 Response to RIP #127103 • Resume of Rob Burkindine Technical Service Engineer • Technical Engineer —Foray Technologies, San Diego, CA — 2004 — Pr^esent. Provide phone and on site hardware and software support for forensic imaging systems to all customers including local, state and federal goverrnnent. Install new systems including computers and imaging peripherals inducting cameras, scanners, and printers. Train new and existing users in evidence docuientation and preservation, including the use of Adobe Photoshop. • • . . • Consultant, Engineer and Instructor —,PCPros, Tacoma, WA-2001-2004 Provided,hardware and software support for forensic imaging systems. Install new systems including computers and imaging peripherals including cameras, scanners, and priiiieis. Tr ihreW'arid-existirrg users in evidence documentation and preservation, including the use of Adobe Photoshop. « Crime Scene Technician —Baltimore Coimty Police Department., Baltimore, M.ID —1996— 2001 Processed and documented crime scenes for physical evidence using various techniques. Trained in evidence collection, latent fingerprints, crime scene sketching, and photography..Implemented digital imaging in the department and trained new personnel, and testified in court of law regarding digital image processing. « Restaurant Manager—Pepsico Inc., Baltimore, MID —1993 —1996 Managed daily operations of a quick serve restaurant, including customer service, purchasing, personnel, and facilities. • Police Officer — Ocean City Police Department,, Ocean City, MD —1990 —1993 Sworn law enforcement officer assigned to road patrol, enforcing applicable laws, arrest, and testifying in court of law. Security Manager —May Department Stores, Inc., Baltimore, MID —1984 —1990 Managed loss prevention department of major retail department store, preventing both internal and external shortages. Trained in interview and interrogation techniques, with arrest powers. Testified in court of law. • B.S., Criminal Justice - University of Baltimore, I3altinaor^e, MD April 13, 2009 Page 20 Response to RFP 4127103 • Resume of Christopher Jason Guffey Technical Service Engineer • • Technical Engineer — Foray Technologies, San Diego, CA --August 2008 — Present Provide phone and on site hardware and software support for forensic imaging systems to all oustoiners including local, state and federal government. Install new systems including computers and imaging peripherals including cameras, scanners, and printers. Train new and existing users in evidence documentation and preservation, including the use of Adobe Photoshop. • Program Developer — Central Piedmont Conanaunity College /American Academy Applied Forensics — September 2007 — Present. In addition to teaching forensic imaging classes, was responsible for overseeing the General Forensics Program to include maintaining the AAAF CIass schedule, managing instructors, marketing the programs, and developing new courses. In addition, was responsible for on-line coarse development and instruction, registration of students, management for program budgets, and equipment purchases and maintaining QC for inventory. Also provided support for development for conferences hosted by the AAAF and represented college at the national base conference for AAAF. • Detective Sergeant —Stanly County Sheriff's. Office October 2006—September 2007 Stanly County Sheriff's Office Responsible for overseeing Felony -Misdemeanor cases, responding to all major crime scenes, processing evidence in the lab, assisting with narcotics investigations, preparing courtroom presentations and testimony for the DA's office, and communicating with all state North Carolina and otherwise — labs. In addition, was assigned to Special Response Team, and was responsible for assisting in the preparation of evidence, training and equipping the office with investigation tools. Established the LAPIS System for Stanly County; developed SOP for Investigations, established Volunteer and Internship Program in CSI program, and wrote numerous successful grants for equipment. • Detective, Crime Scene Unit — Union County Sheriff's Office --November 2004 — October 2006 Responsible for overseeing Felony -Misdemeanor cases, responding to all major crime scenes, processing evidence in the lab, overseeing DNA submissions to lab for court proceedings, and overseeing Live Scan Finger Print section. Was the•Lead Crime Scene Investigator in Serial Homicide and in Mob Killing Case 2006. Assisted in numerous officer involved shooting reconstructions, assisted outside agency cases in high profile cases (such as Mecklenburg County Sheriff's Office), communicated with all state labs, assigned to Special Response Team, assisted in the preparation of evidence for the office, and trained and equipped the office with investigation tools. fn addition, was responsible for processing (enhancing) all photographic evidence and archive photographio evidence, and preparing court room presentations for the DA's office. Established the IAFIS System for Union County, developed SOP for Investigations, established Volunteer and Internship Program in CSI program, and wrote numerous successful grants for equipment. • Forensic Photographer/Crime Lab Crime Scene tinit — Charlotte Mecklenburg Police Department — October 2002 —November° 2004 Responsible for overseeing forensic photography studio, photographing crime scenes, inputting data for all images, and processing (enhancing) all photographic evidence. Was assigned to high profile cases and major disasters (including the 2003 plane crash in Charlotte, NC). Conducted field training and taught April 13, 2009 ' Page 21 Response to RFP #127103 digital imaging technologies to Crime Scene Search Field Agents and trained employees on research and development of new latent print processing technologies, such as fluorescein, lurninol as well as new digital technologies and techniques. In addition, taught the collection and photography of evidence for the Forensic Nursing program with Carolina. Medical .Cen'ter. • Patrol Officer —Matthews Police Department —April 2001— October 2002 As a Patrol offices; assisted with street interdiction, undercover operations with vice squad and crime scene search and helped enforce traffic safety programs. • Sheriff's Deputy — Union County Sheriff's Office —1999— April 2001 Helped at the Union County Jail with booking, housing, transporting, processing, serving warrants to fugitives to civil papers, court bailiff, security for court house, opened and closed court, helped with the -hostage iiddent at Uri iaii-CountyCotirtHouse,-worked undercover-deai with-SooiaiSecurity-Identity. -.-._ _ _ __ fraud. • Owner/Lead Photographer — CJG Associates d/b/a Photography by Jason Gatffey and Associates — March 1990 — October 2001 Owner of professional portrait studio specializing in commercial, families, children, families and weddings. Supervised team of photographers, and shot on -location commercial shoots for Winston Cup Racing Teams —machine photography and modeling agencies. Operated a full in-house lab to process and develop images in house, • Field Training Supervisor — Olccrn ivfllls, Frna. November 1990 — February 1991 Traveled throughout the Southeast training Olan Mills' employees on professional techniques for family portraits. Professional Memberships: Professional Photographers Association Professional Photographers of America Professional Photographers of North Carolina Kodak Profession of Excellence Training Nikon Digital Techniques Training Photoshop Professional Workshop FUJI Hunt Digital Techniques and Printing Law Enforcement Training and Crime Scene Investigation: Basic Law Enforcement Training Basic Crime Scene Investigations Basic Crime Scene Photography Advanced Crime Scene Photography Advanced Critne Scene Investigations Officer Involved Shooting Reconstruction Team Nikon 350 Pulse Laser / Reconstruction Diagramming Habitual Laws / Felony Papering in North Carolina UV Alternate Light Source Training Domestic Violence Course RADAR Training Advanced Common Law & Warrants Field Sobriety Certification • April 13, 2009 Page 22 Response to RFP #127103 Forensics Education: Traffic Safety Certification Officer Safety Class Instructor / CPCC / American Applied Forensics Academy Instructor for Forensic Nursing / Carolina Medical Center Instructor / Taylor Group Inc, Forensic Photography —Crime Scene International Association of Identification Member / IAI International Association for Identification Forensic Photography Board Member Recognized as an International Instructor North Carolina Division of the International Association for Identification Conference Committee Member ' CPCC/American Academy of Applied Forensics Advisory Board Member South Piedmont Community College Central Piedmont Cotnrnrrnity College April 13, 2009 Page 23 Response to RFP #127103 c) Background and experience in providing law enforcement Digital Photo Lab Systems The Foray ADAMS products provide secured, multi -tiered digital asset management solutions that provide unequaled digital asset acquisition, management, security, processing and publishing capabilities. The systems can be scaled easily from a single workstation, to a large distributed networlc solution to accommodate large numbers of users, each with different permissions and capabilities. For example, the Digital Workplace module provides complete access to and control over the system while the Digital Web Viewer and Digital Acquire modules provide view --only and acquire -only capabilities, respectively. ADAMS' modular design, open system architecture coupled with its total flexibility provides endless • configuration possibilities with a complete suite of application modules. These modules can be assembled into tailored combinations for larger deployments where many users may require only a small -subset offunctrons-whileother-power-users-may-need-all of the capabilities. . offered_ by the full, platform,. _. The result is an incomparable, robust solution tailored to match your agency's distinctive digital asset management needs today and provides a platform for unlimited growth in the future. During the past three years, Foray Technologies has successfully installed more than one hundred ADAMS systems throughout the United States. These solutions allow local as well as remote users to • search, view or request access to digital assets via a secure Internet/.Intranet connection using any number of possible configuration options. These customizable, configuration alternatives not only enable agencies with multiple, distributed labs to link all of their labs together but provide remote (distributed) access to local images as well as share limited personnel resources among offices electronically. For example, a smaller remote lab may have only one latent print examiner even though a second latent print examiner is needed for (ident) verification. In this case, an examiner in another lab can access the images in the particular case and do on -screen verification remotely or print the images locally for life-size, side -by -side comparison. The Audit Trail module automatically records each access of the images — both locally and remotely — to maintain a complete, detailed chain -of -custody as well as provide a record of the verification. The rest of this section provides a detailed background about our experience providing law enforcement Digital Photo Lab Systems for municipalities similar in size to the City of Miami. Scope of Services Foray Technologies has provided all hardware, software, documentation, on -site installation, training, and long-term support for the successful implementation of the Digital Photo Lab Systems for Henrico County (Virginia) Division of Police, Massachusetts State Police, Oregon State Police, West Chester County (New York) Department of Public Safety, Oakland County (Michigan) Sheriff's Department, St Lucy County (Florida) Sheriff's Office, Gwinnett County (Georgia) Sheriff's Department, Michigan State Police, NSWC (Naval Surface Warfare Center), Suffolk County (New York) Police Department, Onondaga County (New York) Onondaga County Center for Forensic Sciences, Indiana State Police, New York State Police, Connecticut State Police, Chicago Police Department, National IRS Forensic Laboratory (Chicago), Ohio State Bureau of Criminal Investigation and Identification, the New York State Division of Criminal Justice Services, Rockland County (New York) County Sheriff's Office, Illinois State Police, and many more. While we understand that the City of Miami intends to limit the initial implementation of a Digital Photo Lab Systems system to just still photographs, the ADAMS platform April 13, 2009 Page 24 Response to RFP #127103 is a quantum leap ahead for the authentication, tracking, management, storage and retrieval of all digital assets including, but not limited to digital images, imaged documents, imaged computer hard drives, recorded video and sound clips, captured mobile phone memory, and so forth. The good news is that the system is ready on day one to include other media types such as audio and video. Core Functionality Foray Technologies' ADAMS platform has the ability to read from any of the current industry standard media formats including, but not limited to, compact flash cards, xD picture cards, memory sticks, microdrives, smart media, as well as CDs and DVDs. This means the user can download digital evidence from all digital cameras, digital video cameras, flatbed scanners, and film scanners as well as other audio and video sources and file systems. Digital evidence is downloaded as a single asset or a batch of digital assets can be acquired into the asset repository, Each asset is authenticated• and checked into the correct location within the repository. Assets are unaltered, including the filename, and locked down with a digital signature. Once the assets are acquired, only authorized users may access the assets. This access control can be restricted to a single case or a category of cases, or it can be controlled to just a single asset within a . case. The ADAMS platform includes user-friendly modules designed to simply the user. interface. For example, one interface (Digital Acquire) is used to download (store) digital images and the second interface (Digital Workplace) is used to retrieve, display and process images stored on the system. Digital Workplace is the work space for the forensic specialist. It provides multilevel viewing of cases and digital evidence, along with comparisons of original and processed images. It continually authenticates original and processed images and only allows processing of copies of the original image. Digital Workplace displays asset aoquisition statistics, such as camera EXIF data, processing history, and an audit trail of' all access to the digital asset. Digital Workplace allows the user to record any chemical processes, dye stains, and powders applied to the asset, record lighting conditions and light sources, and identify the type of surface where the evidence was found. Digital Workplace also provides multiple options for recording unlimited free- form notes. The ADAMS user interface is both intuitive and user-friendly, and requires little, if any, user training, The step-by-step design of the ADAMS Digital Acquire module is designed to facilitate the acquisition of all digital assets without any user training. Moreover, the Digital Acquire module can be deployed easily on dedicated workstations, such as kiosks, or on every desktop or squad car laptop throughout the entire agency. The ADAMS platform also provides a wide range of preformatted report templates that allow the user to print to any commercially available printer, including but not limited to the complete line of Noritsu, Fuji, Epson, Cannon, Lexmark, and FIP printers. (ADAMS can print to any output device that uses a Microsoft Windows printer driver.) April 13, 2009 Page 25 Response to RFP #127103 Digital evidence can also be exported to any standard electronic medium, such as CDs or DVDs. The user can also choose to export the digital evidence in its original format, or the user can choose to convert the images into a standard output format, such as TIF, JPO or )3MP, Data Fields and Chain of Custody The ADAMS platform provides a number of options for searching/retrieving media items. For example, cases or incidents can be retrieved and viewed simply by clicking on the case or incident number in the Explorer Bar on the left side of the Digital Workplace or Digital Viewer window, or by searching for media items by the associated metadata, such as submitting agency, related id, photographer, crime type, __date of crime, so. on_ and so forth. Just like with other° evidence, the chain of custody for digital .evidence begins at the crime scene and ends in the court room. You must document the drain of custody of electronic evidence just like you do physical evidence, including: • Collection. • Custody • Control • Analysis To fulfill these requirements, the ADAMS platform maintains a comprehensive list of metadata that is entered both manually and automatically during acquisition, and that is associated with each digital asset acquired into the system. • During asset acquisition, the user is prompted to enter the following metadata: • Contributing agency —crime labs can acquire assets from different agencies, and store and retrieve those assets associated with that agency. Case or incident number — for crime scenes that have already been assigned a case number, the user may enter that number. For those agencies that track incidents separate from cases, the user may enter an incident number, Later, OM or more incidents can be merged (consolidated) into a single case. (In addition, if the wrong case number is entered during acquisition, it can be corrected.) NOTE: The Related ID tab in the Asset Folder view is used to enter related tracking numbers. For example, the user'can enter the case/incident number used by the submitted agency so that the user can retrieve the images using the submitting agency's case/incident number, Alternatively, the user can enter a CODIS ID number for a DNA sample to link the case/incident to the results of a DNA test, or the user can enter a series of evidence tags (bar codes) so that the user can retrieve a specific case/incident that contains a unique evidence tag number, • Ai iil13; 2009 Page 26 Response to RFP #1.27103 • Type of crime— each agency can define standard crime classifications to help organize and retrieve assets in the future. Crime classifications can be selected during acquisition and changed, if necessary. • Photographer — if the person who took the photograph is someone other than the person currently logged onto the workstation during acquisition, the user may enter the name (employee ID or badge number) of the person who took the photograph. • Date the photographs were actually taken/date the file was seized — the user can enter the date the photographs were actually taken, thus providing a history of the chain of custody and identifying the date and time at which evidence is transferred to a subsequent custodian. • Date the photographs were actually acquired — the user can enter the date the photographs were physically acquired into the system, thus documenting the chain of custody and identifying the date and time at which evidence wa's transferred to a subsequent custodian. The system also automatically records the Identify of the user (name, erployee ID or badge number) who is currently logged onto the workstation as well as the name of the computer, its IP address and its MAC address. This allows the agency to identify the specific access point used to acquire each individual asset (even when the assets are acquired in a batch mode). • Category of the asset — each agency can define a set of asset categories to help organize and retrieve assets in the future. Categories can be selected during acquisition, but can be changed later if necessary. • Location — if desired, the user can enter the specific location (GPS coordinate or street address) of the incident or where the photographs were taken. • Description — if desired, the user can enter a description of (or comments about) the photograph(s) that were taken, (While this is an unlimited text field, lengthy narratives can be entered on the Notes tab in either the Asset Folder view (i.e., information that is relevant to the entire case/incident, not just to a specific asset).or the Asset View (i.e., information that is relevant to a specific asset). Further, the ADAMS platform is compatible with Open DataBase Connectivity (ODBC) standards. • 13rorpser based and desktop applications The ADAMS platform is comprised of both desktop and browser applications. The browser -based applications allow the use of Microsoft Internet Explorer v6, v7, or Mozilla la irefox. Digital Web Viewer allows anyone with access to a case or an asset within a case to retrieve and view that case or asset in a browser environment. This module is especially useful for supervisors, officers, technicians and crime scene investigators. Digital Web Viewer provides multiple search methods and a variety of views to fit the • April 13, 2009 Page 27 Response to RFP #127103 task at hand, Audit Trail logs are updated each time an asset is accessed by Digital Web Viewer, This application uses the same security and creates audit trail entries for the same actions as the standard desktop applications. Photographic print requests All ADAMS users, including browser users, may request copies of photographic images via the ADAMS Digital Workflow module requesting the appropriate output ... medium. For example, the user may request a specific output size (such as 4 x 6, 5 x 7, or 8 x 10) resolution, crop the print as well as specify the desired output medium — hardcopy or electronic. In the event of electronic output, the user may also specify the desired electronic media, such as CD or DVD. The system also provides an assortment of pre -defined formats, includhig 1:1 reports with four images per page as well as contact sheets where the user can assemble groups of digital media items for output. In addition, the system allows the user to assemble unique groups of images, independent of metadata field values that can be accessed by anyone with the appropriate permissions for that case and/or image, For example, a user can create a group that consists of a subset of the images in a case that was used in court, etc. The user could later retrieve that group of images — quickly and easily — without having to sort through all of the images in the case, Further, each tune a digital image is viewed, printed or exported, an entry is made automatically in the audit trail. .Data sharing One of the key design elements ofthe ADAMS platform is its ability to share information — quickly and easily — provided the other users have the appropriate access permissions and user rights. The ADAMS platform includes an Advanced User Right Management module that allows the user to customize userrights and control access permissions for actions on per case, per asset, and per feature/function basis. The system also allows exception - based access control, which allows the user to restrict access for a specific case or asset within a case to a specific user or list of users, In addition, custom groups can be created and users Gan be added to those groups, then privileges can be assigned to those groups. For agencies with an existing security infrastructure (such as Active Directory, Novell °Directory, Oracle ID directory server, etc,), integration of groups and users is automate —the system uses the groups and users defined on the directory server. Paper and/or electronic -based audit trail generated by t/ze system The ADAMS Audit Trail tracks and maintains a record of all digital assets stored within the asset folder, regardless of whether the asset is a digital image, an audio file, a video file, a document file, so on and so forth. An audit trail entry is made any time atr asset is processed, printed, exported, or simply viewed. Even attempted access to Argil 13, 2009 Page 28 Response to RFP #127103 the asset by any other program outside of the Foray ADAMS system is tracked and maintained within the ADAMS Audit Trail, The user can print detailed audit reports for the entire case or selected assets during discovery, as well as for courtroom testi- mony. These reports identify the date and time the asset was acquired, where the asset came from (camera, scanner or folder), the physical address — both IP and MAC address — of the workstation where the asset was acquired, and the identity of the person who was logged onto the workstation when the asset was acquired, The user may, at any time, generate an Asset Details Report that includes a thumbnail reproduction of the photograph binary media image, and is authenticated to ensure that the digital digest signature (hash value) matches the binary media image, In addition, the asset details report displays the relevant metadata about the image including, but not limited to, description, notes, processing history, EXIP data, processing information (also commonly referred to as processing history), audit trail, so on and so forth, Application Security No other system available today provides the level of security and access control available with the ADAMS platform. The ADAMS platform includes an Advanced Qser Right Management module that allows users to customize user rights and control access permissions for individual users and groups of users. ADAMS also provides seamless integration with the County's Active Directory infrastructure including the user account retrieval from LDAP and password authentication through active directory, The user can customize user rights and control access permissions for actions on per case, per asset, and feature/function basis. The system also allows exception -based access control, which allows the user to restrict access for a specific case or asset within a case to a specific user or list of users. Therefore, if permission to access a particular digital asset was never granted access to that asset would not be permitted or if permission to access a particular digital asset was revoked from a user account, further access to that asset would not be permitted, In addition, custom groups can be created and users can be added to those groups, then privileges cat be assigned to those groups. Integration of groups and users is automatic via your existing Active Directory installation —the system uses the groups and users defined on the directory server. As a result, direct access to digital images is strictly controlled. and access is denied to non -authorized personnel, Based on the system's design and security architecture, it is not possible for a potential unauthorized user to guess a static access handle and obtain access to the data repository. Documentation and Training Foray Technologies' user guides provide step-by-step Instructions on all functions, processes and administrative tasks for the ADAMS solution. This documentation ensures that users can successfully accomplish all of the tasks and perform all of the functions allowed by the user's access rights and permissions. April 13, 2009 Page 29 Response to RFP #127103 With more than 15 years of experience implementing and supporting digital imaging solutions, we know that effective training optimizes system utilization as well as ensures user satisfaction and reduces the resistance to change. Our training programs are tailored specifically to meet the users' requirements based on their existing skill levels. In addition, ForayTechnologies has a comprehensive, detailed training program to ensure that all system administrators are sufficiently trained to support and maintain the proposed system's storage, retrieval and output components. Licensing Options and Software Support _._.Oise of the biggest.advantages of the ADAMS platform is it modular design. This feature allows Foray's customers to expandstheisystems as their needs change. -The bottom Line is that no matter whether you are starting out small or growing rapidly, the Foray ADAMS system will meet your needs today and into the future, d) Conversion documentation and proof that proposer has successfully converted the sample images Attached as Appendix A are reports from the ADAMS system that clearly demonstrates the successful conversion of the sample images shown in the "Header / Notes and•Attachrnents" section of the City's RFP into the proposed law enforcement Digital Photo Lab System. e) Audited Financial Statement of Proposer Foray Technologies is a privately owned, small business and does not require that its financial statements be audited. However, the following points can be shared with the City of Miami as,to Foray Technologies' financial position: • The company is cash flow positive and has been for more than three years. • The company is profitable and has been for more than three years. • The company has no bank loans, no long -terra debts, no short-term loans, and no liens. • The company has no debts other than minor trade payables and operating credit cards, The bulk of the liabilities on the company's balance sheet are deferred revenues, whereby the company has collected prepaid annual support contract monies from its customers. • Due to the coMpany's recurring contract revenues and its conservative.expenses, the company is in a strong financial position and can withstand a protracted multi -year recession. If the City of Miami decides to pursue a business relationship with Foray Technologies, we would be willing to provide further information in the form of balance sheets and prior year tax returns to support the above statements, as well as bank references. April 13, 2009 Page 30 Response to RFP 4127103 • FORAY - TECHNOLOGIES SECTION 6: 1Ml thododogy an Overall Approach to Scope of Vilork a) Functionality and capabilities of the proposed hardware All hardware included in this proposal is standard, commercially available hardware as specified in the RFP, and includes: A. Digital Single -Lens Reflex (SLR) Cameras and Accessories The proposed digital SLR cameras include a quantity of thirty (30) each of Camera Package 1 or Camera Package 2: Complete Camera Package 1: • Nikon D300., 12.3 mega pixels, digital SLR camera body with neck strap. • Nikon Battery, EN-EL3e, Quantity: 60 (two batteries per camera) • Nikon Battery Charger. • Nikon Macro Lens, AF-S DX Nikkor 18-105 MM F/3.5-5.6G ED YR, .• Nikon Flash, SB-900 AP Speedlight.. • Lexar Professional with Write acceleration Compact Flash Card Type 1/I1233 Speed, 4 GB or greater, Quantity: 60 (two flash cards per camera) .• Nikon MB-D10, Multi Power Battery Pack. Quantum Instruments, Turbo Battery • Quantum Instruments, ME Flash Cord. • Pelican 1510 Camera Case, with dividers, • Tiffen Ultra Violet (W) filter, Nikon 72 mm. Complete Camera Package 2, • Cannon EOS 50D, 15.1 mega pixels, digital SLR carnera with neck strap. • Cannon Battery, BP-511A, Quantity: 60 (two batteries per camera). • Cannon Battery Charger, • Cannon Marco Lens, EP24-105rnrn f/4 L IS USM. • Cannon Flash, Speedlite 580EX 11. • Lexar Professional with Write acceleration Compact Flash Card Type )/11233 Speed, 4 GB or greater, Quantity: 60 (two flash cards per camera). • Cannon BG-E2N, battery grip. • Quantum Instruments, Cannon Model, Quantum Battery 1+ v April 13, 2009 Page 31 Response to RFP #127103 • Quantum Instruments, MB2 plash Cord. • Pelican 1510 Camera Case, with dividers. • Tiffen Ultra Violet (UV) filter; Cannon77 nun. B. Download Workstations Foray will provide five (5) download workstations configured to download digital data from digital SLR cameras and any available digital medium on the market, such as: SM, xD, Compact Flash Type I and.I1, SD/mini/MMC/RS, MS/Pro/Duo. The workstations shall be installed in the CSI Unit so that all members of the Unit can access and download their digital images onto the Digital Photo Lab server, These stations will be password protected, allow for multiple user access, and allow users to download err -ages from-other'digital SLR -cameras or storage -devices; which are -collected - as- - evidence from crime scenes, and allow the user to sort downloaded images by Miami Police Department case numbers, crime type, photographer, and location. The proposed workstations meet or exceed the standards of the below listed brand name equipment: • Dell Optiplex 960 Mini Tower Desktop Computer. • Intel Quad Core 2, 3 0Hz Processor, • Windows XP Operating System, with latest service pack. • Symantec Ghost. • Ghost Maintenance. • Microsoft Enterprise Agreement - Pull Platform - True -Up Year One Microsoft Office, • McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support. • Network Interface Card (NIC). • 19" inch digital high resolution monitor with two (2) USB ports. • ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card. • 7 in 1 card reader. • 6 USB ports. • 320GB SATA 7200 RPM HDD 3.5" Hard drive. • 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory. C. Administration 'Workstations: The proposed law enforcement Digital Photo Lab System will allow the Police Department to continue its current business practice of having all images downloaded at the download stations and images can be viewed on the administrative workstations for quality control and assurance of images, storage and filing. This proposal includes three (3) administrative workstations that meet or exceed the standards of the below listed brand name equipment. • Dell Optiplex 960 Mini Tower Desktop Computer. April 13, 2009 Page 32 Response to RFP #127103 • Intel Quad Core 2, 3 GI-Iz Processor. • Windows XP Operating System, with latest service pack. • Symantec Ghost. • Ghost Maintenance, • Microsoft Enterprise Agreement - Full Platform - True -Up Year One Microsoft Office. • McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support. • Network Interface Card (NIC). • 19" inch digital high resolution monitor with two (2) USB ports. • ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card. ▪ 7 in 1 card reader. • 6 USB ports, • 320GB SATA 7200 RPM HDD 3.5" Hard drive, • 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory. D. Servers Two (2) servers will be provided for the operation and storage of the new law enforcement Digital Photo Lab media, One server will be used to store and retrieve media while the other server will be used as a redundant backup of the first server. The servers are capable of fitting into the existing Dell Server Racks located in the Miami Police Department (MPD) Server Room. Both servers rneet or exceed the standards of the below listed brand name equipment: Dell Power Edge 2950 III Server • Processor: two (2) Dual Core Intel Xeon L5240, 6MB Cache, 3.0 GHz, 1333 MHz FSB processors. • Operating System: Windows Server 2003. • Memory*: 16 GB 667MHz (8x2GB), Dual Ranked DIMMs, • Riser Card: Riser with 3 PC. • ,Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable Management Arm, Universal, • Power Supply: Energy Smart Redundant Power Supply with Dual Cords. • Hard Drive* Configuration: Integrated SAS/SATA Raid 5, PERC 6/1 Integrated. Hard drives must be swappable. • Network adapter: Intel PRO 1000VT Quad Port 1 GbE NIC, PCIe-4, • CD/DVD Drive: DVD-ROM, SATA, Internal. • Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition. In the City's RFP, the City stated that the proposer shall indicate what storage capacity and memory the servers must have based on the fact that the CSI Unit currently takes about 12,000 pictures per month (500 rolls x 24 exposures per roll). April 13, 2009 Page 33 Response to RFP #127103 Based on the City's workload and using the standard 90/10 rule where 90 percent of photographs taken are Category 1 images (defined by SWGIT as "documentation" photographs — 'PG image files) and 10 percent are Category 2 images (defined by SWGIT as "evidentiary" photographs — RAW or TIP' photographs that are used for analysis), the City would require approximately 6.13 TB of used space over a period of five (5) years. (This assumption is based on an average of the typical file sizes generated by the cameras specified in City's RFP, i.e., Complete Camera Package 1 and Complete Camera Package 2. The City also stated that the server shall contain enough storage capacity to store at least: five (5) years worth of data. The server specified in the City's RFP, the Dell Poweredge 2950, provides a maximum capacity of 6 TB, which yields an effective storage capacity of only 4.5 TB, which does not fulfill the requirement for five years worth of data. - Since this capacity does not meet the five year on-line storage requirement, the City stated in Addendum 3 that a "Direct Attached Storage Array Expansion Drive, such as the Dell PowerVault series" may be used. Therefore, our proposed solution includes the Dell Power Edge 2950 with 2-250 GB internal Drives in a Raid 1 configuration and the Dell PowerVault MD 1000 with nine, 1 TB hard drives whioh yields an effective storage capacity of 7.2 TB. E. Scanners and Printer This proposal includes all necessary accessories (i.e. cables, ink, software) for the proper functionality and integration of the equipment listed below•with the law enforcement Digital Photo Lab system (workstations and servers). Quantity two (2) of each item listed below. n Film Scanners: Nikon Super Coolsean 9000 ED • Flatbed Scanners: Epson Perfection V700 • Color Printer: Epson Stylus Pro 4880 • Printer Stand: C4800 Epson printer stand April 1.3, 2009 Page 34 Response to RFP #127103 b) Functionality and capabilities of the proposed software FORAY Technologies' Authenticated Digital Asset Management System, (ADAMS) platform consists of a variety of software nodules that will be implemented to provide the level of features and functions specified in the City's RFP for a digital media storage system. These modules include: • Digital Workplace • Digital Acquire • Audit Trail 8 Advanced User Rights Management Digital Workplace Digital Worlcplace is the work space for the forensic specialist, It provides multilevel viewing of oases and digital evidence, along with comparisons of original and enhanced images, it continually authenticates originals and enhancements and only allows enhancements to copies of the original image. Digital Workplace displays asset acquisition statistics, such as camera EXIF data, history of enhancements, and an audit trail of all access to the digital•asset. Digital Workplace allows the user to record any chemical processes, dye stains, and powders applied to the asset as well as record Iighting conditions and light sources as well as identify the type of surface where the evidence was found. Digital Workplace also provides multiple options for recording unlimited free -form notes. Digital Acquire Digital Acquire provides the capability to download evidence from digital cameras, scanners, audio and video sources, or file systems. The interface is easy -to -use and presumes no user training. I t can be easily deployed on dedicated workstations, or on every desktop or squad car laptop. Digital Acquire is intended for fast, simple download of digital evidence and provides step-by-step process for downloading a single asset or a batch of digital assets to the asset repository. Each asset is authenticated and checked into, the correct location within the repository. Assets are unaltered (including file name) and looked down with a digital signature. Once acquired, only permitted users may access the assets, Audit Trail Audit Trail tracks and reports on all changes made to cases and to each piece of digital evidence stored within the case. Bach time the evidence is enhanced, moved, processed, or simply viewed, an irrevocable audit trail entry is made. Even access to the evidence by programs outside of the Foray ADAMS platform is tracked by Audit Trail. During discovery as well as for presentation in the courtroom, the user can print reports for ease and assets showing who, how and when any given piece of evidence was accessed starting from the time it was entered into the system. Advanced User Rights Management Advanced User Rights Management extends the built -hi security of the ADAMS platform to include custom groups, privileges and access control, Custom groups can be created, users can be added to those groups, and privileges can be assigned to groups of users, For those agencies with an existing directory server, integration of groups and users is automatic, and the system uses the April 13, 2009 Page 35 Response to RFF #127103 groups and users defined on the directory server. Specific cases or assets within cases can be locked down so that only certain groups or users have access. c) Conversion methodology and approach The following methodology and overall approach will be used to convert the images currently stored in the Linear Systems digital photo lab to the proposed digital photo lab system. 1. Images currently stored in the Linear Systems digital photo lab will be exported by case number order 2. Images will be acquired into the proposal Foray Technologies ADAMS system in batch by case - ._ .number.... __ ._..._.__..__. 3. Where available in the Linear Systems digital photo lab system, the following data elements will he entered during the conversion process: • Asset Folder Type and enter the corresponding identifying asset folder (case) number • Contributing agency identification • Crime type and date on which the Crime was committed • Identification of person who took the photograph and the date the photographs were actually taken • Category (asset type) • • Specific address (location) where the crime occurred. • • Brief description that describes the asset(s) in the case NOT..EM .Any of the above information that is not currently in the Linear Systems digital photo lab system may be added by Miami Police Department personnel at any time. d) Proposer Coordination Plan Many software companies, such as Foray Technologies, create commercial off -the -shelf (CATS) software products to fulfill the needs for a commodity -type (non -customized) software product. The use of COTS software allows law enforcement agencies to reduce the risks associated with the acquisition, development, and support of custom -designed software solutions. The most significant benefits are reduced costs, optimized implementation schedules, improved reliability and maintainability using proven software products. In addition, high overhead costs associated with program management activities can be reduced significantly as well. Foray Technologies has been providing COTS software products to the law enforcement community for nearly 15 years. We have a demonstrated, proven track record of applying the appropriate knowledge, skills, tools and techniques to fulfill project requirements and guarantee the successful implementation of projects like the Digital Media Storage System described in this proposal. April 13, 2009 Page 36 Response to RFP #127103 More importantly, we believe that projects like the Digital Media Storage System require a close, continuous, active partnership between the Customer's project manager; Foray Technologies, and the end user, Our goal is to ensure total customer satisfaction by,providing the highest level,of consistent program management and follow-up throughout the life of the project, including but not limited to: • Review project status to maintain focus and maximize program effectiveness, • Monitor overall progress against implementation schedule, • Resolve problems and issues, if any. • Escalate issues which can't be resolved by the project team, • Report requested plan variations and change control items, Implementation Services Plan Foray Technologies' Implementation Services plan defines the general approach to ensure successful system implementation. The goal of our Implementation Services is to identify the major milestones and activities in the project, and begins upon the successful award of the contract, The typical tirneframe for successful completion of a project like the Digital Media Storage System is approximately 8 weeks from award of contract to completion of training, and involves the following tasks: • Execution of contract • Notify Customer of space (footprint) requirements for proposal solution • Coordinate on -site installation and integration schedule" • Coordinate on -site training • Coordinate network requirements with Customer for proposal solution • Complete procurement of hardware required for project • Perform on -site installation, integration and testing • Perform on -site training April 13, 2009 Page 37 Response to Rf P #127103 0 Implementation Schedule The following implementation schedule will be put into operation upon notification of contract award. Upon notification of contact award, the project manager will: • Mail/Fax/Email order confirmation letter to City • Schedule ProjectKiiok Off date with City within one week from receiving the Purchase Order • Once Project Kick Off date has been confirmed, schedule weekly call with City to confirm -any related .install. and confguration..issu.es that rnay.arise.'n.e.weeltly calls will continue through the entire process and will allow for planning of location changes and scheduling conflicts as outline in Section .6 of RFP 127103. • Provide City with required City tasks to be completed prior to install (network connec- tivity, etc) • Once City requirements are completed and confirmed, schedule installation and training, dates with City. Once dates are confirmed, mail installation and training date confirmation letter to City. • Prior to on -site installation, provide City with a check list of items to be delivered and received on -site. • Prior to on -site installation, provide City with a check list of tasks to be accomplished during the installation and training by Foray. City will confirm with Foray engineer and sign off for all items shipped and received prior to on -site installation and configuration. • City will confirm with Foray engineer and sign of for all tasks completed during the installation and configuration as designated in checklist. • Foray Engineer will convert the Linear Data Base. You will note that proof of the ability of Foray to import the images from the Linear Database were outlined and answered in Section 5. We acquired and imported sample images that had been attached to RFP 127103 and ran an Acquisition and Asset Detail Report which are attached as Appendix. A of this response, ' • Training on application familiarization will begin upon confirmed completion of installation and configuration. • System Acceptance Testing by the City will begin immediately upon completion of the training and will conclude within 30 days. • Continue to.cotnnnunioate with City on a weekly basis through the completion of system acceptance testing. April 13, 2009 Page38 Response to RPP #127103 Upon completion of System Acceptance Testing, submit statement of completion to the City for confirmation ancl signature. e) Training Plan ' Above and beyond delivering sound, reliable, proven hardware and software solutions, foray Technologies is committed to educating and informing our clients about the solutions they use. We set ourselves apart from the competition by providing valuable information that includes conducting digital imaging training programs, teaching best practices for using digital imaging technologies in your investigative processes, making product recommendations and sharing guidelines for establishing SOPs as well as testifying in court. No other vendor can provide the level of knowledge, real -world experience or law enforcement expertise that we do. We strive to deliver high value with all our products as well as our training programs, and we firmly believe that our proposed solution meets that goal. . Upon suoeessfld installation of the hardware and software, training sessions will be conducted on -site at the Miami Police Department facility on the actual operating. system workstations using real -world cases so there is no confusion once training is completed and the users start using the system to do their day-to- day case work. • Download Workstation Training Foray Technologies will provide two, one-half day sessions for Download Workstation Training NOTE: The software used on the download workstations (Digital Acquire) provides the ability to download digital images from digital cameras, scanners, audio and video sources, or file systems. ,Digital Acquire is intended for fast, simple download of digital evidence and provides step-by-step process for downloading a single asset or a batch of digital assets to the asset repository. The interface is easy -to -use and presumes no user training. However, Foray Technologies uses a "Train -the -Trainer" methodology for this module to ensure system continuity, functionality and usage so agencies can easily manage personnel changes in the future. a Administrator Workstation Training Foray Technologies will provide three full workdays of training to the ADAMS administrators and primary users. This three-day'training class provides a total of 24 hours of ADAMS user familiarization on the proper use and operation of the application components that permit entry, retrieval, processing, printing, exporting and archiving the digital images in the proposed system. Core users will receive two and a half days of operational training and the 1T/Admin will receive an additional one-half day of advanced system administrator training. Classes typically run from 8:30am-4:30pn daily. To ensure the highest level of success, we believe that the student -to -workstation ratio with a limited number of computers should not exceed S to 1. A.pii113; 2009 Page 39 Response to RFP #127103 Sample Training Course Outline: Day One: ADAMS Application overview • Logging on/Passwords • Windows Menus/Task Bar/boil ffainiliarization • Views/File Folders Asset Acquisition • Acquiring from a device • Acquiring from the file system • Entering in case/asset information Day Two: Application Overview Review of Acquisition Process • Image acquisition procedures • Importing a case Processing In Digital Workplace • Irnage Orientation & Alignment • 1:1 Calibration Processing in Photoshop • BasicPhotoshop Techniques • Foray Plug-in Filters Output • Report and printing options • Exporting an individual asset • Exporting a case Day Three: Review of ADAMS system application • Acquire • Process • Output • Windows Menus/Task Bar/Icon familiarization • Views/File Folders • Search Options Apr1113, 2009 Page 40 Response to RFP #127103 Administrator Familiarization • User Rights Access/Permissions (to include adding new users, granting user permissions, deleting old users, etc,) • Archiving • Restoring an archived image/case • System maintenance • Back-up procedures • Remote Support • Image Archive subsystem operation NOTE: Like the Download Workstation Training Program, Foray Technologies uses a "Train -the -Trainer" methodology for the Administrator Workstations to ensure system continuity,, functionality and usage so agencies can easily manage personnel changes in the future. In addition, user manuals will be provided at the training sessions, An electronic version of the user manual will also be provided to the City so that the City may print and distribute additional copies as the need arises, All updates made to the user manual will be provided to the City at no cost, April 13, 2009 Page 41 Response to RFP #127103 FORAY - TECHNOLOGIES SE T1ONi 7 Cost Proposal - Pricing Schedule Qty Item Description Price Note/Comment A Complete Camera Package 1 (Quantity 30) 30 Nikon D300, 12.3 mega pixels, -digital SLR Camera Body and Neck Strap 60 Nikon Battery, EN-EL3e, Qty: 60 (two bat. per camera) 30 Nikon Battery Charger 30 Nikon Macro Lens, AF-S DX Nikkor 18-105 MM F/3.5-5.6G ED VR 30 Nikon Flash, SB-900 AF Speedlight - • 30 CFI LEXAR 233X PRO 4GB (two per camera) • 30 l NIK MB-D10 BATT PACK 30 QUAN BATTTURBO COMPACT 30 QUAN TURBO CABLE CKE 30 PR iCAN 1510 BLK (FOAM) 30 TIFFEN 72MM UV Total for Complete Camera Package 1 (Quantity 30) $00,883_60 Complete Camera Package 2 (:Quantity 30) 30 Cannon EOS 50D, 15.1 mega pixels, digital SLR camera with neck sllap 60 Cannon Battery, BP-511A, (two batteries per camera) 30 Cannon Battery Charger 30 Cannon Marco Lens, EF24-105mm f/4 L IS USM 30 Cannon Flash, Speedlite 580EX II 30 CFI LEXAR 233X PRO 4GB Qty: 60 (two per camera) April I3 cb9 Page 42 Response to RFP #12730 Qty Item Description Price NotelComment 30 Cannon BG-E2N, battery grip. 30 Quantum Instruments, Cannon Model, Quantum Batt. 1+ 30 Quantum Instruments, MB2 Flash Cord • 30 PELICAN 1510 BLK (FOAM) 30 Tiffen Ultra Violet (UV) filter, Cannon 77 mm • - Total for Complete Camera Package 2 (Quantity 30) $101,543.70 • Qty B Download Workstations, (Five (5) 5 Dell Optiplex 960 Mini Tower Desktop Computer 5 Intel Quad Core 2, 3 GHz Processor 5 Windows XP Operating System with latest service pack 5 Symantec Ghost 5 Ghost Maintenance . 5 Microsoft Enterprise Agreement- Full Platform -True-Up Year One Microsoft Office 5 McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support 5 Network Interface Card (N!C). 5 19" inch digital high resolution monitor with two (2) USB ports 5 ATI Radeon, 256 MB, with PC1 Express (PCIe) bus type, video card 5 19 in 1 card reader 5 6 USB ports 5 320GB SATA 7200 RPM HDD 3.5" Hard drive 5 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory 5 Subtotal for Five (5) Dell Optiplex 960 as specified $7,860.52 Dell Hardware 5 ADAMS Digital Acquire (Input) Software $545.00 QTY 5 "per seat" licenses 5 Total for Five (5) Download Workstations with ADAMS Software to provide functionality as Specified in Section 3.1 Ill) $8,405.52 April 13, 2009 Page 43 Response to RFP #127103 Qty Item Description Price Note/Comment C Administration Workstations, Three (3) 3 ' Dell Optiplex 960 Mini Tower Desktop Computer • 3 _ Intel Quad Core 2, 3 GHz Processor 3 Windows XP Operating Sys terrrwith latest service pack • 3 Symantec Ghost ' • 3 . Ghost Maintenance • 3 Microsoft Enterprice Agreement Full Platform -True-Up Year One Microsoft Office 3 McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support 3 Network Interface Card (NIC). 3 19" inch digital high resolution monitor with two (2) USB ports 3 ATI Radeon, 256 MB, with PCI Express (PC1e) bus type, video card 3 _ 19 in 1 card reader 3 6 USB ports 3 . 320GB SATA 7200 RPIVI HDD 3_5" Hard drive . 3 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory 3 Subtotal for Three (3) Dell Optiplex 960 Mini Tower Computers as specified $4,716_31 Dell Hardware 3 ADAMS Digital Workplace , $11,985.00 QTY 3 "per seat" licenses 3 ADAMS Audit Trail Workstation License $747.00 QTY 3 "per seat' licenses 3 ADAMS Advanced User Rights ManagementWorkstation License $1,047.00 QTY 3 "per seat" licenses 3 Total for Three (3) Administrative Workstations with ADAMS Software to provide functionality as Specified in Section 3.1 111) $18,493.31 April Page 44 0 Response to RFP #127' The Specifications as outlined in RFP 127103 require that, "The servers shall contain enough storage capacity to store at least five (5) years worth of data It is stated that the CSI Unit takes about 12,000 pictures per month. We estimated an approximate storage need of 6_25 TB over five (5) years. This is based on the following assumptions using 12 MP camera: • 90% JPEG images in Fine mode with an average file size of 6MB • 10% TIFF images with an average file size of 36MB The server specifications will only hold 4.5 TB of effective internal storage. We have therefore proposed two different server solutions. The first uses internal storage only presuming that the storage assumptions are high or that less than five years of data is retained actively online (possibly reduced via archiving)_ The second server solution uses external storage and has sufficient storage to meet the stated requirements based on the assumptions listed above. Qty Item Description Price NotelComment D Server Option 1 with 6 TB raw/4.5 TB of effective storage (Quantity 2) _ 2 Dell Power Edge 2950 111 Server 2 Processor. Two (2) Dual Core Intel Xeon L5240, 6MB Cache, 3.0 GHz, 1333 MHz FSB processors 2 Operating System: Windows Server 2003 * We are providing Windows Server 2003 Enterprise Edition, because of the 16 GB RAM requirement in this RFP. 2 Memory*: 16 GB 667MHz (8x2GB), Dual Ranked DIMMs 2 Riser Card: Riser with 3 PC • 2 Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable Management Arm, Universal 2 Power Supply: Energy Smart Redundant Power Supply with Dual Cords - 2 Hard Drive* Configuration: Integrated SAS/SATA Raid 5, PERC 61i Integrated. Hard drives must be swappable . 2 Network adapter. Intel PRO 1000VT Quad Port 1GbE NIC, PC1e-4 2 CDIDVD Drive: DVD-ROM, SATA, internal 2 Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition 1 Symantec-backup Software to ensure a four (4) hour backup of production As specified in RFP only one server will have the Symantec back up software. Response to RFP #127103 April 13, 2009 Page 45 Qty Item • Description Price - - Note/Comment 2 Total for Servers Option 1 • $17,378.71 Audit Trail Server License $ 2,995 00 1 Server License will cover both servers. Advanced User Rights Management Server License $3,995,00 1 Suer License will cover both servers. 2 Total for Two Servers with ADAMS Software to provide functionality as Specified in Section 3.1 111) ' $24,368 71• • B Server Option 2 with 9 TB raw/7.2 TB of effective storage • 2 Dell Power Edge 2950 Ill Server 2 Processor. Two (2) Dual Core lntei Xeon L5240, 6MB Cache, 3.0 GHz, 1333 MHz FSB processors 2 Operating System: Windows Server 2003 * We are providing Windows Server 2003 Enterprise Edition, because of the T6 GB RAM requirement in this RFP_ . 2 Memory*: 16 GB 667MHz (8x2GB), Dual Ranked DIMMs . 2 Riser Card: Riser with 3 PC 2 Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable Management Arm, Universal 2 Power Supply: Energy Smart Redundant Power Supply with Dual Cords 2 . Hard Drive* 2 250GB Internal Drives Configured in a RAID 1 Configuration and as specified in Addendum NO. 3 a Deli PowerVauit Series Direct Attached Storage Array Expansion Device was configured with 9-1 TB Hard Drives to give 9TB of raw/7.2 TB of effective storage 2 Network adapter. Intel PRO 1000VT Quad Port 1 GbE NIC, PCle-4 _ r 2 CD/DVD Drive: DVD-ROM, SATA, Internal 2 Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition 1 Symantec backup Software to ensure a four (4) hour backup of production As specified in RFP only one server will have the Symantec back up software. 2 Total for Servers Option 2 $26,298.60 1 Audit Trail Server License $ 2,995 00 1 Server License will -cover both servers_ April )9 Page 46 1 Response to RFP #1270 Qty Item Description Price Note/Comment 1 Advanced User Rights Management Server License $3,995 00 1 Server License will cover both servers. 2 Total for Two Servers with ADAMS Software to provide functionality as Specified in Section 3.1 III) $33,288.60 E Scanners and Printer (2 Complete Sets) 2 Nikon Super Coolscan 9000 ED 2 Epson Perfection V700 (V750, V700 NLA) 2 Color Printer_ Epson Stylus Pro 4880 2 • C4800 Epson Printer Stand 4 UltraChrome Photo Black Ink 4 UltraChrome Cyan Ink - 4 UltraChrome Vivid Magenta Ink 4U 4 UltraChrome Yellow Ink 4 UltraChrome Light Cyan Ink 4 UltraChrome Vivid Light Magenta Ink • 4 UltraChrome Light Black Ink • 4 UltraChrome matte Black ink 4 - UltraChrome Light Light Black Ink 2 Premium Glossy Photo Paper 16" x 100" 2 Premium Semigloss Photo Paper 16" x 100' 2 Premium Glossy Photo Paper 10" x 100" 2 Premium Glossy Photo Paper 6" x 100" 2 Scanners and Printers (2 Complete Sets) $11,096.16 P Project Management $11,613.21 G Linear System Conversion $9,430.00 April 13, 2009 Page 47 Response to RFP #I27103 Qty Item ' Description ‘ • Price Note/Comment H - Installation . - $13,437.50 Assumes Foray installing and - configuring Servers, Workstations, Scanners and Printers I Shipping . . $1,600.00 J Travel • $4,120.00 • Includes travel (air fare, hotel, car rental, per diem and miscellaneous) for on -site installation and training. Grand Total with Complete Camera Package 1 and Server Option 1 $221,333.01 Grand Total with Camera Package 2 and Server Option 1 $222,988.13 Grand Total with Camera Package 1 and Server Option 2 $229,442.60 Grand Total with Camera Package 2 and Server Option 2 $231,097.50 April 13 39 Page 48 C) Response to RFP #1970 FORAY- TECHNOLOGIES SECTION 7: Cost Propos&l - 5 Year Life Cycle Cosi Item Description Price Note/Comment K Annual Support: for hardware * Presumes Foray is providing direct support for all quoted Items_ Year 1 $18,170.00 First Year is quoted as part of Grand Total Year 2 $27,155.00 Year 3 $27,155.00 Year 4 $30,283.00 Year 5 $30,283.00 Total $ Item K - $130,046.00 L Annual Support forADAMS Software Year 1 0.00 First year of support is included Year 2 $5,328.00 Year 3 $5,328.00 Year 4 $5,328.00 Year 5 $5,328.00 Total $ Item L. $21,312.00 s Please be advised that this proposal does not include operating supplies and consumables such as ink, paper, CDs, DVD, etc. These "per use" items cannot be calculated due to variables such as the number of print requests, number of discovery requests, quantity of waste, so on and so forth. April 13, 2009 Page 49 Response to RFP #127103 V. FORAY .„ TEO I -I NOLO GI 8S rs. SECTION 8: Trade Secrets and Public Records Disclosure Foray Technologies understands that all Proposals submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes, and that an exception may be made for "trade secrets." This proposal does not contain information that constitutes a "trade secret". • April 13, 2009 Page 50 Response to RFP 4127103 TEONNOLOOIEB SECTION 9: Optional ADAMS Advance Archival Management Solution Advanced Archival Management Advanced Archival Management augments the existing ADAMS archival capabilities by setting rules that determine which assets are taken off-line and when. A variety of parameters, such as asset category, data, and crime type can be used to implement an archiving strategy that matches ay agency's specific standard operating procedures with respect to digital asset retention. Once rules are set up, the archiving process becomes automatic with little or no user intervention. When paired with a media (CD/DVD) autoloader, archiving activities can be run in unattended mode, Advanced Archival Management can also be use to manage archiving to a variety of storage devices to include but not limited to: CD/DVD Burners, Hard Drives, External Storage Devices and many.others. Optional Auto -Archival System Price Note/Comment Advanced Archival Management Server License $3,995,00 *ADAMS Advanced Archival Management can be used with a variety of storage devices. VersaCopier DVDJCD Advanced Duplication and Publishing System $10,299,00 Dual -Drive DVD/CD Autoloader, holds up to 150 DVDs or CDs and Includes thermal printer, PC, UPS, and 2 Packs of Taiyo Yuden Shiny Silver Thermal Archival Quality DVDs Integration of Archival System $876.00 Includes Installation, integration, testing and training Shipping $300.00 Total $15,470.00 April 13, 2009 Page 51 Response to RFP #127103 APPENDIX A Sample Image Conversion Documentation This appendix contains reports from the proposed ADAMS solution that clearly demonstrates the successful conversion of the sample images shown in the "Header / Notes and Attachments" section of the City's RFP into the proposed law enforcement Digital Photo Lab System. April 13, 2009 Page 52 Response to RFP #127103 Foray ADAMS -Acquisition Report - 414/2009 2:50:55 PM Folder Number Acquire_ d By _ Date AssetlD Case #MPD-127103 dmcfall 4/4/2009 2:49:06 PM Z5PK-GES9-G31 D File Name: DSC_01120.jpg Digital Signature SHA256UjOry5tX4CKTdI3K10CaIkyDhVASLdTYnOOnSJchhKw= Case #MPD-127103 dmcfall 4/4/2009 2:49:08 PM BG62-K392-1 DEJ File Name: DSC_0121_jpg Digital Signature: SHA256DtC1+tV4luspLNKal.1LF0wfsEAJ4P2BHKr5pw-1-L+ALE= Case #MPD-127103 dmcfall 4/4/2009 2:49:10 PM SSEK-XGV3-Q4KN File Name: DSC_0122.jpg Digital Signature: SHA256E6TuQ0aEKGC/e3Qx6GJ2EfgB2F4GIOizhgACEmBzASE= Case #MPD-127103 dmcfall 4/4/2009 2:49:11 PM RZEY-JKQF-P6ZE File Narne: DSC_0123_Jpg Digital Signature: SHA256MCh3Ss5L9GOJZDAnvdATz5D45LplkaAcljMlT2ioVLV4= Case #MPD-127103 dmcfall 4/4/2009 2:49:13 PM 3MJR-TZE3-3DTG File Name: DSC_0124 jpg Digital Signature: SHA2561/UZxs73grcAJ39y6hQz/ZEmO66mtxncm1S7z55y3dQ= Signature Foray ADAMS Asset Details Report - 4/4/2009 3:10:15 PM. . . ..... Owning Agency: Foray PO Case #: MPD-127103 Crime: Accidental Shooting Date of Crime: 4/4/2009 Asset ID: ZSPK-GES9-G31D Z5PK-GES9-G31D Original, Autheriticated Description: These Images were down loaded and Acquired into the proposed Foray Technologies ADAMS System from the City of Miami's Purchasing website in accordance with RFP # 127103. Notes: Captured On: Acquired By: Captured By: Category: Location: Status: - Tags: 4/4/2009 clmcfall (LATITUDE-D820\dmcfall) Donnie McFall Crime Scene 3500 Pan American Drive, Maimi, FL 33133 Acquired Processing History: ') Camera Data: Make: Model: DateTime: Exposure Program: F-Stop: Max. Aperture Value: Focal Length: Flash: Metering Mode: Pixel X-Dimension: Pixel Y-Dimension: Compressed Bits Per Pixel: Color Space: Light Source: File Source: ExposureTime: ISO Speed Ratings: Exif Version: DateTime Original: DateTime Digitized: Components Configuration: Exposure Bias Value: Maker Note: User Comment: Subseclime: NIKON CORPORATION NIKON D200 3/5/2009 11:21:57 AM Normal program f/5,0 f/2.8 56.0 mm Strobe return light not detected center weighted average 3872 2592 4.0 sRGB Unknown 3 10/600 1600 48, 50, 50, 49 3/5/2009 11:21:57 AM 3/5/2009 11:21:57 AM 1, 2, 3, 0 0/6 78, 105, 107, 111, 110, 0,2, 16... 65, 83, 67, 73, 73, 0, 0, 0... Scene Capture Type: Gain Control: Contrast: Saturation: Sharpness: Subject Distance Range: . Processing Information: File Information: Name: Acquired By: Set; Size: Asset Type: Width x Height: Resolution: State Changes: 41 41 41 48, 49, 48, 48 24594 One-chlp color area sensor 1 0, 2, 0, 2,1, 0, 2, 1 Normal process Auto exposure Auto 1/1 Foray ADAMS -Asset Details Report 4/4/2009 3:10:17 PM Asset ID: Z5PK-GES9-G31D Camera Data: Subsec Time: Subsec. Time Original: Subsec, Time Digitized: FlashPix Version: lnteroperability ifd Pointer: Sensing Method: Scene Type: CFA Pattern: Custom Rendered: Exposure Mode: White Balance: Digital Zoom Ratio: Focal Length in 35mm Format: 84 Standard High gain up Normal Normal Normal Unknown DSC_0120,jpg dmcfall (dmcfall) 1 4 MB Image 12.91x 8.64 Inches 300 ppl Acquired Occurred On: 4/4/2009 02:49:06 PM -04:00 Performed by: LATITUDE-D820\dmofalI From: Latitude-D820 IP Address: 192.168.106.101 IP Address: 192.168.26.1 IP Address: 192.168.64.1 MAC Address: 00:19:B9:5C:AF:AE MAC Address: 00:19:D2:79:EC:89 MAC Address: 00:FF:B0:85:72:8A MAC Address: 00:50:56:C0:00:01 MAC Address: 00:50:56:C0:00:08 Source: C:\Documents and Settings\dmcfail\My Documents\quotes\FL\Miami Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC_0120.jpg Audit Trail: When User Action Item Detail Foray ADAMS Asset Details Report - 4/4/2009 3:10:18 PM Asset ID: Z5PK-GES9-G31D Audit Trail: 4/4/2009 2:49:06 PM DSC_0120,Jpg 4/4/2009 2:49:08 PM DSC_0120,jpg 4/4/2009 2:49:08 PM DSC_0120,jpg _4/4/2009_ 3:08:7..P.M___ dmcfall (LATITUDE-D820\dmofall) Added Acquired from: C:\Documents and Settings\cimcfall\My Documents\quotes\FL\Miami Bid\Sample Images to Convert to Proposed Digital Photo Lal:ADSC_0120,jpg dmcfall (LATITUDE-D820\dmcfall) The digital signature was created. Signed • 4 dmcfall (LATITUDE-D820\dmcfall) Edited The unique ID was created: Z5PKGES9G31D DE-p329\dmcfall) Viewed In DIgitalWorkplaCeASietilik-VW Foray ADAMS - Asset Details Report - 4/4/2009 3:11:07 PM Owning Agency: Foray PD Case #: MPD-127103 Crime: Accidental Shooting Date of Crime: 4/4/2009 Asset ID: BG62-K392-1 DEJ 9G62-K392-1 DEJ Captured On: Acquired By: Captured By: Category: Location: Status: Tags: 4/4/2009 dmcfall (LATITUDE-D820\dmcfall) Donnie McFall Crime Scene 3500 Pan American Drive, Maim!, FL 33133 Acquired Original, Authenticated Description: These Images were down loaded and Acquired into the proposed Foray Technologies ADAMS System from the City of Miami's Purchasing website in accordance with RFP # 127103. Notes: Processing History: Camera Data: Make: Model: DateTime: Exposure Program: F-Stop: Max. Aperture Value: Focal Length: Flash: Metering Mode: Pixel X-Dimension: Pixel Y-Dimension: Compressed Bits Per Pixel: Color Space: Light Source: File Source: ExposureTime: ISO Speed Ratings: Exif Version: DateTime Original: DateTime Digitized: Components Configuration: Exposure Bias Value: Maker Note: User Comment: Subsec Time: NIKON CORPORATION NIKON D200 3/5/2009 11:22:10 AM Normal program f/5.0 f/2.8 56.0 mrn Strobe return light not detected center weighted average 3872 2592 4.0 sRGB Unknown 3 - 10/600 1600 48, 50, 50, 49 3/5/2009 11:22:10 AM , 3/5/2009 11:22:10 AM 1,2,3,0 0/6 78,105,107,111,110,0,2,16... 65, 83, 67, 73, 73, 0, 0, 0... (Th, Foray ADAMS - Assef Details Report - 4/4/2009 3:11:09 PM Asset ID: BG62-K392-1DEJ Camera Data: Subsec Time: Subsec. Time Original: Subsec. Time Digitized: FlashPix Version: Interoperability Ifd Pointer: Sensing Method: Scene Type: CFA Pattern: Custom Rendered; Exposure Mode: White Balance: Digital Zoom Ratio: Focal Length In 36mm o a Scene Capture Type: Gain Control: Contrast: Saturation: Sharpness: Subject.Distance Range: Processing Information: File Information: Name:. Acquired Sy: Set: Size: Asset Type: Width x Height: Resolution: State Changes: 32 32 32 48, 49, 48, 48 25026 One -chip color area sensor 1 0, 2, 0, 2, 1, 0, 2, 1 Normal process Auto exposure Auto 1/1 1 . • Standard High High gain up Normal Normal Normal Unknown DSC_0121.jpg dmcfall (dmcfall) 1 4 MB Image 12.91 x 8.64 Inches 300 ppl Acquired Occurred On: 4/4/2009 02:49:08 PM -04:00 Performed by: LATITUDE-D820\dmcfall From: Latitude-D820 IP Address: 192.168.106.101 IP Address: 192.168,26.1 IP Address: 192,168.64.1 MAC Address: 00:19:B9:5C:AF:AE MAC Address: 00:1 9:D2:79:EC:89 MAC Address: 00:FF:B0:85:72:8A MAC Address: 00:50:56:C0:00:01 MAC Address: 00:50:56:C0:00:08 Source: CADocuments and Settingsklmcfall1My Documents\quotes\FL\MiamI Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC_0121.jpg Audit Trail: When User Action Item Detail Foray ADAMS Asset Details Report - 4/4/2009 3:11:09 PM Asset ID: BG62-1<392-1DEJ I } Audit Trail: 4/4/2009 2:49:08 PM dmcfall (LATITUDE-D820\dmcfall) Added DSC_0121.jpg Acquired from: C:\Documents and Settings\dmcfall\My Documents\quates\FL\Miami Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC_0121,jpg 4/4/2009 2:49:10 PM DSC_0121 .jpg 4/4/2009 2:49:10 PM DSC_0121.Jpg dmcfall (LATITUDE-D820\dmcfall) The digital signature was created. dmcfall (LATITUDE-D820\dmcfall) The unique ID was created: BG62169216EJ 4/4/2009 3:10:56 PM dmcfall (LATITUDE-D820\dmcfall) In DigitalWorkplace Asset Info View Signed Edited Viewed Foray ADAMS - Asset Details Report - 4/4/2009 3:16:34 PM -,_... Owning Agency: Foray PD Case #: MPD-127103 Crime: Accidental Shooting• Date of Crime: 4/4/2009 ) Asset ID: SSEK-XGV3-Q4KN SSEK-XGV3-Q4KN 4417 4 Original, Authenticated Description: These Images were down loaded and Acquired into the proposed Foray Technologies ADAMS System from the City of Miami's Purchasing website in accordance with RFP # 127103. Captured On: Acquired By: Captured By: Category: Location: Status,' Tags: 4/4/2009 dmcfall (LATITUDE-D820\dmcfall) Donnie' McFall Crime Scene 3500 Pan American Drive, Maimi, FL 33133 Acquired Notes: Processing History: Camera Data: Make; Model: DateTime; Exposure Program: F-Stop: Max. Aperture Value: Focal Length: Flash: Metering Mode: Pixel X-Dimension: Pixel Y-Dimension: Compressed Bits Per Pixel: Color Space: Light Source: File Source: ExposureTime: • ISO Speed Ratings: Exif Version: DateTime Original: DateTime Digitized: Components Configuration: Exposure Bias Value: Maker Note: User Comment: Subsec Time: NIKON CORPORATION NIKON D200 3/5/2009 11:22:22 AM Normal program f/5.0 f/2.8 56,0 mrn Strobe return light not detected center weighted average 3872 2592 4.0 sRGB Unknown 3 • 10/600 1600 48, 50, 50, 49 3/5/2009 11:22:22 AM 3/5/2009 11:22:22 AM 1,2,3,0 0/6 • 78, 105, 107, 111, 110, 0, 2, 16... 65, 83, 67, 73, 73, 0, 0, 0... Foray ADAMS - Asset Details Report - 4/412009 3:16:36 PM Asset ID: SSEK-XGV3-Q4KN Camera Data: Subsec Time: 73 Subsec. Time Original: 73 Subsec. Time Digitized: 73 FlashPix Version: 48, 49, 48, 48 interoperability lfd Pointer: 24968 Sensing Method: One -chip color area sensor Scene Type: 1 CPA Pattern: 0, 2, 0, 2, 1, 0, 2,1 Custom Rendered: Normal process Exposure Mode: Auto exposure White Balance: Auto Digital Zoom Ratio: 1/1 Focal Length in 35mm Format: 84 Scene Capture Type: Standard Gain Control: High gain up Contrast: Normal Saturation: Normal Sharpness: Normal Subject Distance Range: Unknown Processing Information: File Information: Name: DSC0122.jpg Acquired By: dmcfall (dmcfall) Set: .) Size: 4 MB Asset Type: Image Width x Height: 12.91 x 8,64 Inches Resolution: 300 ppi State Changes: Acquired Occurred On: 4/4/2009 02:49:10 PM -04:00 Performed by: LATITUDE-D820\dmcfall From: Latitude-D820 IP Address: 192.168.106,101 IP Address: 192.168,26.1 IP Address: 192,166.64.1 MAC Address: 00:19:B9:5C:AF:AE MAC Address: 00:19:D2:79:EG:89 MAC Address: 00:FF:B0:85:72:8A MAC Address: 00:50:56:C0:00:01 MAC Address: 00:50:56:C0:00:08 Source: C:\Documents and Settings\dmcfall\My Documents\quotes\FL\Miami Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC_0122.Jpg Audit Trail: When User Action Item Detail ( Foray /\D/\8U8~Asset Details Report ~4/4/2OD83:18:36PM__________ ........... ..... ..-- Asset ID: S8E Audit —,4/4/2009 2��1OPN dmc�| �DB��mo�0 *000v uSu_0122.]P8 Acquired from: ~----ents and �� Bld\amp - Images hzConvert hoProposed Digital PhotoLoUV]uC_u1uz,jp8 4/4/20092:49t11PM dn (LAT[TUO Signed DSO_U122jpQ The digital p ature was created. 4/4/2009 2;0'11 P�� dm�U E���m�8 �D� ' ' DSC-01 22,jpg The unique |D was created: 8GEKXBV3Q4KN y��6 In DigitalWorkplaca Asset Info View Foray ADAK0S ~ Asset Details Report ~ 4/4/2009 3:17;20 PM ~-`--'--''—'----'^-'^~-'--------'------'--'~''------------'—^--------- ~`. �m/n|n8Agenuy� Fom�PDOono#�{�p�'i�7iO3Cdma'Aco�o��|8hm�|n� Date ufCrime: 4/4/2009 Asset ID: RZEY-JKQF-P6ZE / ) Captured On: Acquired By: Captured By: Category: Location: Status: 4/4/200S dmufa||8LAJ|TUOE'D82DWmda|O Donnie McFall Crime Scene ` 35D8Pan American Drive, K4o|nn|. PL33133 Acquired orIgInal, Authenticated DiescriptYoO: These | were down loaded and Acquired into the proposed Foray Technologies ADAMS System from the City of Miami's Purchasing website\n accordance wlth RFP #1271O3, Processing History: Camera Data: Make: Model'. DataThno/ Exposure Program: r-Stop: Max. Aperture Value: Focal Length: Flash: Metering Mode: Pixa|X-D{mnno|on: . Pbe|Y~O(mona|on: Compressed Bits Per Pixel: Color Space: Light Source-, File Source; ExpoeureTime: ISO Speed Ratings: ExifVero|on� DmteTmn DmtoT(meOigitizod Components Configuration: Exposure Sias Value: Maker Note: User Comment. GubaooT\me; N|KONOORPORAT0N N|K3ND2OO 3/5/200911:2227AM Normal program f/6.O f/2.8 GG.Omm Strobe return light not detected center weighted average 3872 %5g2 4.0 nRGB Unknown 3 10OOO 1600 48.50.50.48 366/200911/22:27AK8 3/6/200811:22:27AM 1. 2. 3, 0 00 78' 108. 107, 111, 110. 0,2.1G.. Foray ADAMS - Asset Details Report - 4/4/2009 3:17:22 PM 0., Asset ID: RZEY-JKQF-P6ZE 1 Camera Data: Subset Time: 16 Subsec. Time Original: 16 Subsec. The Digitized: 16 FlashPix Version: 48, 49, 48, 48 Interoperability Ifd Pointer: 25316 Sensing Method: One-chlp color area sensor Scene Type: 1 CFA Pattern: 0, 2, 0, 2, 1, 0, 2, 1 Custom Rendered: Normal process Exposure Mode: Auto exposure White Balance: Auto _Digital Zoorn_Ratio.:____ Focal Length in 36mm Format: 84 — — -- Scene Capture Type: Standard Gain Control: High gain up Contrast: Normal Saturation: Normal Sharpness: Normal Subject Distance Range: Unknown Processing Information: File Information: Name: DSC_0123.jpg Acquired By: dmcfall (dmcfall) Set: 1 Size: 3 MB Asset Typo: Image Width x Height: 12.91 x 8.64 Inches Resolution: 300 ppi State Changes: Acquired Occurred On: 4/4/2009 02:49:11 PM -04:00 Performed by: LATITUDE-D820\dmcfall From: Latitude-0820 IP Address: 192.168.106.101 IP Address: 192.168.26.1 IP Address: 192.168,64.1 MAC Address: 00:19:139:5C;AF:AE MAC Address: 00:19:02:79:EC89 MAC Address:•00:FF:130:86:72:8A MAC Address: 00:50:56:C0:0001 MAC Address: 00:50:66:C0:00:08 Source: C:\Documents and Settings\dmcfall\My Documents\quotes\FL\Miami Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC,0123.jpg Audit Trail: When User Action Item Detail Foray ADAIM8-Asset Details Report ^4,14/2OOG3:17:22PK8 Asset ID: �7�����F�PR�E /~\ . / Audit Trail., ` 4/412009I:49:11PM dmcfa|| DE-D820\dmofe|V Added u�J D8C�12�p 8o�:emnnmu�moomon�a^^S�v " s\FUMiamiBld\Somp|aImages toConvert toProposed Digital 4/4/200b2:49:13PKK dmcfaU(LATTUDB'D8%0dmoha0 Edited OSO_0123jpQ The unique |Owas created: RZEYJKQFp8ZE 4/4/20092:49:13pk8 dmcfa||(LAT[rUDE-D820\dmohy||) Signed D8O_012Ojpg The digital signature was creatod.. 414/20098:17:08PM dmcfa||(LAT|TUDE'D82O\dmofa||) Viewed |nDigito|VVorkplace Asset Info View i -/ \ |/ Foray /\DAM8~Asset Details Report -4/4/2OO93:17)42 PM _____,.... ..... __..... ........ ~__ ' -'-----'--~------ -- ----'-------- '------�Ghoodn ��oofodmo~ 4��OO9 owning Agency, Pu�yPD 8aaoA\ K8PD'iI/1O3 Crime: Accidentalg . Asset ID: 3K8j}9-TZE3~3DTG Original, Authenticated DosorinG�D' . �- ` down loaded Acquired into . T��Sg|rO8geaVV8R] n o no�uq� �-" SVGt8rO�oD1th,eCity of ^`--'���i--�'s-Purchasing VVabaiteiO accordance with F<FP# 127103. Captured On: Acquired By: Captured By: Category: Locution: Status: ' 4/4/20OQ Donnie McFall Crime Scene 3500 Pan American Drive, iNahni FL33i38 Acquired Notes: Processing History: Coroena Data: Make: Model: DateTme/ Exposure Program: Max, Aperture Value: Focal Length: Fl�ah ' Metering Model Pbm|X4]bnnno|on: Pbm|Y-Dimena|on: Compressed Sits Per Pixel: Color Space: Light Source' rife Source: ExpoauroTimo: |,90Speed Ratings: EzifVons|un/ DotoTime[>H ind' DotoTma Dig|tizmu/ Compunoot000vfiyuYoton� Exposure Bias Value: Maker Note, User Comment: Subsec Time. N/KONOORPORATON N|KOND20U 3/5K2OOS11:22:32AM Normal Program 1/G.O f/2.8 66.Om[n Strobe return light not detected center weighted average 3872 2592 4,0 aRQ8 Unknown O 10/BOO 1600 ^ 48,60.50.49 3/6V200911:22:32AM 3/5/200811:22:32AM 1,2,3,0 016 72,105,107,111.110.0,2.16... Foray ADAMS - Asset Details Report - 4/4/2009 3:17:44 PM Asset ID: 3MJR-TZE3-3DTG Camera Data: Subsec Time: 41 Subsea. Time Original: 41 Subsec. Time Digitized: 41 FlashPix Version: 48, 49, 48, 48 interoperability Ifd Pointer: 25422 Sensing Method: One -chip color area sensor Scene Type: 1 CFA Pattern: 0, 2, 0, 2, 1, 0, 2, 1 Custom Rendered: Normal process Exposure Mode: Auto exposure White Balance: Auto Digital Zoom Ratio: 1/1 Focal Length in 35mm Format: 84 Scene Capture Type: Standard Gain Control: High gain up Contrast: Normal Saturation: Normal Sharpness: Normal Subject Distance Range: Unknown Processing Information: File Information: Name: . DSC_0124.jpg Acquired By: dmcfall (dmcfall) Set: 1 Size: 3 MB Asset Type: image Width x Height: 12.91 x 8.64 Inches Resolution: 300 ppi State Changes: Acquired Occurred On: 4/4/2009 02:49:13 PM -04:00 Performed by: LATITUDE-D820\dmcfall From: Latitude-D820 IP Address: 192.168.106.101 IP Address: 192.168.26.1 IP Address: 192.168.64.1 MAC Address: 00:19:139:5C:AF:AE MAC Address: 00:19:D2:79:EC:89 MAC Address: 00:FF:B0:85:72:8A MAC Address: 00:50:56:C0:00:01 MAC Address: 00:50:56:C0:00:08 Source: C:\Documents and Seftings\dmcfall\My Documents\quotes1FL1MIami Bid\Sample Images to Convert to Proposed Digital Photo Lab\DSC_0124.jpg Audit Trail: When User Action Item Detail Foray AD/\MB~Asset Details Report ~4/4/2OO83:17:45~PK8 Asset ID, 3MJR-TZJE3-3DTG Audit Trail: 4/4/20092:49:13PM 4/4/20092:4814PM 4/4/20092:49j4PM dmcfaU�AT�UDE-DD2U� Added � Acquired KMy ^-` Documents\quotes\FL\MI@mIBld\8on0p|o.|magauhoConverttoPmpoaedD|g|bs| Editeddmo�K�AT�UD�Q82V�m#ox)The. unique ID was created: 3MJRTZE33DTG dmdaU 820\c1mufaU Signed The digital signature was created. Viewed In Dig italWorkp lace Asset Info View TEOHNOLOGIES 1 APPE IX B: Brochures and Product Informat!on Sheets This appendix contains a copy of Foray Technologies' Authenticated Digital Asset Management System brochure and product information sheets for the modules that are included as part of the proposed solution for Law Enforcement Digital Photo Lab System for the City of Miami Police Department April 13, 2009 Page 53 Response to RFP #127103 9Ni'., a, ' . till . fi x NW}yit iii'sjli .l'ly'i pr arensic leci'a ist 'na'IYs!1.511Statto i:J!'!� ihdlhf I II4$1 0 fI H�I(fl9�liNf Fs y'Y.11,•l tl {fbiiii?i7Uity: ra?.:aJ Digital Workplace is the work space for the forensic specialist. It provides multilevel viewing of cases and digital evidence, along with comparisons of originals and enhancements. It continually authenticates originals and enhancements and only allows enhancements to copies. Digital Workplace displays asset acquisition statistics (such as camera EXIF data), history of enhancements, and an audit trail of all access to the digital asset. Digital Workplace allows the user to record any chemical processes, special lighting, dye stains, powders, etc. applied to the asset, as well as free -form notes. Browse through case tree. Cases an expanding tree analyst to find the of evidence. a multi -level are displayed in that allows the desired subset Enter specific search parameters. Evidence can be located easily using the search bar. Specific search parameters, such as case number, type of crime, evidence category, who captured the evidence, location of the evidence, etc, are used to display a subset of evidence and/or cases. 4 Faray Arg,iat WKrkpface Case #5b 183 ,35 Asset"tl010244567 (7) TJPG',. fit:.v, t�t7JNe/J lj�T,,4al i` Heel .. . Show: Filter By Search: My CasesMccdente I V'I ICaseMddentN LL.;l 'CaseMe:dent; Ni Casa —50.123973 -50.183629 —50.183630 —50.183035 — 60.834773 — 50.834774 —50.847392 —60908345 60987032 50-387234 —50-987235 -•50.987345 Se10001- 000604AK4701.701.jpg Se10061• 00070698003639-0024336... Sel000(717.JP1.0010244567G View and print associated digital asset details. The user can readily see all data associated with an asset, including: EXIF data (for images), history of enhancements from Adobe® Photoshop® (for images), asset processing (dyes, powders, chemicals, lighting, surfaces), audit trail, state changes of the asset, and notes entered by any analyst working on that piece of digital evidence. View images in either full -view or side -by - side mode. Once the desired asset is located, it can be viewed in full -view mode. Selecting two Images allows them to be viewed side -by - side for comparison, Images can be zoomed or expanded for viewing in either mode. Search Case/Incident Parameters Case/Incident Plumber Q My Cases/Incidents 0 All Cases/Incidents Cases and Incidents ly] Coma Owner lwl Asset Parameters Original and Enhanced v] C-teaory iv AJI Asset Types Arqulred Ely Captured B Set Number Qom., Iw, Location Search ?1; Name: WidLhx Height Sixe Modified: Acquiredt3y: 0010244567 (7)-7.JI 5.33x 4,00Inches 7461(a Resell 5/31/300610:36Mt moot Category. I Clime Scene • Descriptiore Spent slug and lean button.) Notes Hlstury t7UF processing II yedd Tref lI Stale Cha Entry I Value Image Descdpllon Manufact rer NIKON Model 6950 Orientation Normal X Resolution 3C0dpi Y Resolution 360 dpl Resolution Un8 inches Software v98178 Dale Moe 10y24/20008:34:02 P9 YCleCrPosaloning Cooled 6q:0sure Tune 10600e 0.91i r4_/4i to%:iiib (f( ,areerRYJl.etraerta G. l: y, talleti eologigN tee.11r.4p1FMalbiD& ADAMSITrack 1 Digital Workplace Forensic Specialist Analysis Station 1010ights .continued Launch enhancement software. Image enhancement software, such as Photoshop, may be launched directly from Digital Workplace. Copies of originals are automatically created for enhancement. Enhanced copies are displayed next to the original so that they can be readily located. Enter notes. The analyst can enter notes specific to the review of the asset, or the enhancement steps taken, or on the relevance of the particular asset to the case. Notes are free -form and can be searched later for correlations among digital evidence. Set up customized categories. The user can set up and maintain lists for agency names, crime categories, types of crimes, and evidence processing information (chemicals, dye stains, lighting, powders, surfaces, etc.). Archive assets, Entire cases or individual assets can be moved off of the system to external storage by drag -and -drop to an on- screen container. Thumbnails and asset details remain on-line, so that users may locate and reload archived assets, if necessary. Intel® Pentium® III or 4 processor Microsoft® Windows® XP with Service Pack 2 or Microsoft Windows 2000 with Service Pack 4 512MB of RAM 1 GB of available hard -disk space to install application 1024 x 768 monitor resolution with 24-bit video card with 32MB VRAM minimum TECHNOLOGIES For more information, contact Foray Technologies corporate headquarters at (619) 858-1360 or Info@foray.com foray.com eu Foray 04gIt 1 Warkplato: Case 005.153635 • Asset: 5010244967(7)d;1P0 44. 1, eM. ISHessaiaskserMI Icaaamadea a cars • 50123073 i• salons ;- mimeo 50152635 40114771 D0434774 5084779E I. 00008345 -5095703E 50•8e7734 50a97t75 50997395 prcldiveManagemen e Case 113.50-123873 tis- 50183630 03.50.183635 6.61834773 t. 50.987032 50.987234 l�- Set00o1 f-119-040428 • 2544/40310 - 319021115 -. 384-021130 t 334.021130 Lvj jtrt,. 6st0001. 000706540016390024E •General I• AOendee L Pulhenllwllan r.Categories I Crimes b• Evidence Proeeseing Info F. Chemicals l ; -Dye Stains lighting }- Pow'daro I, Surfaces Q-Advaneed L Repaslory Caseilnddent Case 450.183629 Case 450-824774 Casa 050.987234 Case 450587234 Case 459987238 Case 450987345 Case 00900345 Case450447292 Ham: 0010 44567171.7JP0 I kgdl6x naiel0 5J3x4.00!Khoo { y ? eI a 7461B aeaaaewe 300ppi ir ! 410410c4 90100061006A8 3o .I Acquired 0o nun) OASY* B5 4NA Pa dos 6J(aaa Surfaces: Cale9ary: q,e•, Aroda5l, Cardboard DoWa Day Wall Fabric f etal Natal • Galvanized Metal • Painted Paper Plastic Plastic gaggle Tape • Duct Tape • Electrical Wood • Painted I Set I Asset I Site I A8 Sete M Assets 1 MB 5e10001 All Assets 22 M8 9e10001 019.03011909000091.(... 40 08 540001 254-04091005000091 (... 4 MO Al Sale P11 Mete 15 MB Al Seta Al Meta 6MB All Sete Al Mete 125... Al Soi, All Assets 32MB Media Type: 14.7 GB DVD (Single layer) Ivii Archive Size: 209169 Volume ID: FP9-06053101 Archive To: IC:\Temp\Archve i Choose... ll Archive I Cancel 1 Batt Bach Bed 20 le8aYebw 40 Gall.Notes The Foray Digital Asset Server Is required to share files across workstations If used standalone, without the Digital Asset Server, the workstation must have sufficient hard drive storage space to install the appi/cation and store the digital assets Integration to Photoshop requires Photoshop version CS or higher. pc Foray, LLC All Rights Reserved. rev 2006-07-15 #FT-LE-12 www.foray.com HO t N sset cquis'�(oS qi +r {hs�t�;r!�{„�I i5 yi}� l4k+ill r-0 r+?�2�1 rJ 'lot;? gbh Digital Acquire provides the capability to download evidence from digital cameras, scanners, audio and video sources, or file systems. The interface is easy -to -use and presumes no user training. It can be easily deployed on dedicated workstations, or on every desktop or squad car laptop. Digital Acquire is intended for fast, simple download of digital evidence and provides a step-by-step process for downloading a single asset or a batch of digital assets to the asset repository. Each asset is authenticated and checked into the correct location within the repository. Assets are unaltered (including file name) and locked down with a digital signature. Once acquired, only permitted users may access the assets. Access camera, scanner, or file system. Digital Acquire can access digital assets on a camera or scanner, or can access files directly from the file system. Acquire from multiple agencies. Crime labs can acquire assets from different agencies, and store those assets associated with that agency. The user is prompted for an agency ID before each batch acquisition. 4.;• Foray Choose where you want to acquire from. Acquire from Camera or Scanner Acquire from a Folder Use case or incident numbers. For crime scenes that have already been assigned a case number, the user may enter that number. For those agencies that track incidents separate from cases, the user may enter an incident number. The incident can later be merged into a case, once the case number is assigned. If the wrong case number is entered during acquisition, it can be corrected in the Digital Workplace module. What agency is contributing these assets? Contributing Agency ID Organize assets by type of crime, Each agency can define standard crime classifications to help organize and retrieve assets in the future. Crime classifications can be selected during acquisition and changed, if necessary, in Digital Workplace. Organize assets by agency -defined categories, Each agency can define a set of asset categories to help organize and retrieve assets in the future. Categories can be selected during acquisition and changed in Digital Workplace. Foray PD Select either Case or Incident and then enter the corresponding number. 0 CaseIlumber 0 Incident Number 50187234 Choose the primary Crime associated with this CasefIncident. Assault Asaais Grand Theft Choose the Category of the assets. If all of the assets are not the same categoryyou may want to acquire them in separate batches. Category Came Scene Document Fingerprint Teel Mark Finish ADAMS/Track t Digital Acquire I Digital Asset Acquisition Station ightights • continued Preview assets, The user can preview the batch of assets to be acquired to make sure that the correct camera card or file subdirectory has been selected. Select digital assets to acquire. The user can select specific assets to acquire from the camera, scanner, or file system. Multiple views, including thumbnail view, allow the user to quickly navigate and select any subset of assets to be acquired Into the case or incident. Files can be sorted by date, by file name, or by file type to ease the task of selecting appropriate assets. Or, the user may quickly highlight an entire group of assets and acquire all of them in one batch. Look in: My Recent Documents Desktop My Documents My Computer My Network 011305 CYl 0 019-030119DSC00091 119-04042805C00091 254-040910DSC00091 (7)-00093.3PG (2)-00091.1PG (4)-00091.3PG 254-040910DSC00091 319-0211150SC00091 331-021130DSC00091 (5)-00091.7PG (6)-00091jpg (1)-000914pg a t?1 Rle name: Ries of type: View acquisition progress. A progress panel shows the asset acquisition status, so that the user does not remove the camera or scanner from the system prior to completion of the batch acquisition. Lys Image files .•os". -•.•fft".bra •,".tif;".tiff;"lG luny Digital Acquire - 57W Complete Acquiring asset22of38 �Wead�rt�eed�d�d0>iaeeeeddabe Store acquisition details. The system tracks who acquired the assets, when they acquired them, and on what workstation they acquired the assets. If the Audit Trail module is running, all access to each asset is tracked from the point of acquisition forward. stem Requirements Intel® Pentium® III or 4 processor Microsoft® Windows® XP with Service Pack 2 or Microsoft Windows 2000 with Service Pack 4 512MB of RAM 1 GB of available hard -disk space to install application 1024 x 768 monitor resolution with 24-bit video card with 32MB VRAM minimum For more information, contact Foray Technologies corporate headquarters at (619) 858-1360 or info©foray.com �_.. Open__._ The Foray Digital Asset Server is required to share Ti/es across workstations The Digital Acquire workstation must have local or wide area network access to the Foray Digital Asset Server(s) to which the digital assets are to be downloaded, © Foray, LC All Rights Reserved. rev 2006-07-15 #FT-LE-11 www,foray.com Audit Trail tracks and reports on all changes made to cases and to each piece of digital evidence stored within the case. Each time the evidence is enhanced, moved, processed, or simply viewed, an irrevocable audit trail entry is made. Even access to the evidence by programs outside of the Foray ADAMS platform is tracked by Audit Trail. During evidence discovery, and in court, the user can print reports for cases and assets showing who, how and when any given piece of evidence was accessed starting from the time it entered the system. Track changes to asset details. The user can view all changes made to the asset details including: crime type, evidence category, notes, chemical and dye processing, lighting, etc. Monitor viewing of evidence. Digital Workplace users can identify all individuals who have viewed a particular piece of evidence, as well.as when they viewed it. Review access by outside programs. The ADAMS system is an open platform. Outside software programs with the appropriate authority can access the digital assets s�z oraYPTI EWmkplaceCas• etaMCPC 0603041i7841 . Asset OSC 00{b 71F QE®X f'^�.y,g}s Edit t�+leyiiMp':iols c HeIP 1n �l 1l�0lf'j1iJJJ w gC1I. (13 FOJC.7 t8i FS t0 Bl r~/ jt /) CPD•0501061234 A p rJ 0E40501061234 ® „"/' DEA•0522061234 LPD•04190634667 cJ MCP0•06030218234 © t.J MCP0•06030712344 1 t_J MCP0 06030717841 Tic, Acquired 89 q=i;/Asset Types 1i-G2/ Captured By 93 f / Categories Cd-o) Contributing Agency 1 I- G/ Enhanced C-% Location 1 WC-tj/ Originals -.,� i ®4eYSels 1 et :7 MCPO.06030916234 ® tJ MCPD•06030916789yts iJ MCPD•06031012345 'S.J MGM-06031112367 '2/ MCP0•06031216234 W iJ MC80.0521061234 ®-J MSP•06050623456 th-,a7.7 MSP•0526061234 Incidents i.il Trash -J _+v, 3a1 r; yA+ , tj j 4t saty l.: °-jt , x ttn+ k {tiS1 •e # i $z,,,�zy > x r d1 1aC'c£ r r� i 4 Name DSC 0016,TIF Width xHeight 10.09x6,99Inches Size: 17MB Resolutiorn 299pp! Modiffett 4/11/2006917 PM Acquired By: David Wilzke S '• ';�{'�DSC`001/1 tALTl .�'" v'" ��r -✓y ci°`• z�'a i j' r s a• d r s + "'""�+ d'r~* ` - ti001jCI 0015fi1t t _ r '{5 ?` ja s rZ9 ,('1 Yz«> Ste0 - 7 +p k' � $^i , � ,t%Bli tt r.,. ,;�'? t r y ds 5et0001 Dh 8016 T1F h$ t ;�;� x , , �,ra<:.. , s si r,.. , i..ti� Captured SKI Locaticre 3 East Scioto, StJeni s+MO6555 #! a Category; Shoe print L± Description I�li�`l�lf -lit Notes History 6iIF Processing Aura 6late0han es ? Date&Time I Uset I Action I Bern I Detail 6/19/200608•., SK1 DavidWitzke edited Ca tutedBy Chang 6/28/200605... SKI1DavidWilzke Viewed InDi0it 6/28/200805,, SKI\DavldWilzke Edited Resoldlan Chang 628/2006 05.,, SKI \David Wilzke Edited Location Chang 6 28/200G 05.,, SKI 1DavidWtzke Edited Resolullon Prin`ed 6/28/200605.., SKI1DavidWilzke Etited Notes 6/28/200605... SKIWavidWltzke Viewed In Digit i a II. .::. �J.�,_ _:: 4+_..u.v?i ...... :LI _ ..., :• _.__.., ....+_. � is t Li�1 I. .iii +19.v.: . tl ? stored within ADAMS. In order to safeguard against unauthorized or anonymous access, the Audit Trail module tracks all access by outside software programs. This allows the ADAMS platform to communicate with other software programs without sacrificing the evidence chain of custody. ADAMS/Track Audit Trail Digital Evidence Access AuditTrail HlgI Ii�hts .continued View case -level changes. As evidence is acquired into the ADAMS platform, those assets become part of a numbered "set" of evidence. Audit Trail shows when a case was created, when it was viewed, and when evidence sets were added. Print reports. To prepare for court, the investigator or forensic analyst can print out audit trail reports for selected assets, or for entire cases in order to prove that the chain of custody was maintained during the handling of the evidence. st niRequ remdnts: jc Foi'ay bigital WarI®1aue- Ca00 /i50 183635 Shaer. Filter By Ceae/Olddent# [vi Search: iMyCapee/8 denteiv.]I ICaceMddenl 00 B Case 50-123873 •-50-183629 50-183630 -• 50.183635 - 50-834773 50-834774 - 50-047292 I50-908345 • •50.9137032 -50.987234 . 50.987235 -50,987345 Intel° Pentium° III or 4 processor Microsoft® Windows@ XP with Service Pack 2 or Microsoft Windows 2000 with Service Pack 4 512MB of RAM 1 GB of available hard -disk space to install application 1024 x 768 monitor resolution with 24-bit video card with 32MB VRAM minimum TEOHNOLOGIES For more Information, contact Foray Technologies corporate headquarters at (619) 858-1360 or info@foray.com a.fs;Ev,rpif�''K�i;�d'f.i%4� easel; 50.183535 Owner. MONTSCOMPOJ ERment NumAseete: 17 Crime: IHonJdde Pate0llme I User I Adlon 5/31200610.,, MONTSCOMPU... Created 5/31200610,.. MONTSCOhIPU... Added 5/31/200610.. MONTSCOMPU.,. Mewed 5/31200611... MONTSCOMPU.,. Added 5/31/200611... MONTSCOMPU... Hawed 5/31250611,.. MONTSCOMPU... Added 5/31200611.,. MONTSCOMPU.,. Mewed 5/31200611,.. MONTSCOMPU... Added 5/31209611,.. 6101ITSCOMPU... Viewed 5/31200611.,. MONTSCOMPU... Added 5/31200611., MONTSCOMPU... Mowed 5/31200611.., MONTSCOMPU... Added 5/31200611.., I$ONTSCOMPU... Hawed Set0002 Set0003 Se10004 9e10005 Se18006 h Dlg35lWakplace 01 DIgialWetkpIaee &s DIo0,lWakplace In Ole'4alWoikplaee M Mg3aIWedcptace In Digi,IWadmlace The Foray Digital Asset Server is required to share files across workstations, and to run the Audit Trail module. In any configuration, the number of Audit Tral/ licenses must equal the number of Digital Workplace licenses © Foray, LLC All Rights Reserved. rev 2006-07-15 #FT-LE-16 www.foray.com ecurity.Asontrol Panel Advanced User Rights Management extends the built-in security of the ADAMS platform to include custom groups, privileges and access control. Custom groups can be created, users can be added to those groups, and privileges can be assigned to groups of users. For those agencies with an existing directory server, integration of groups and users is automatic, and the system uses the groups and users defined on the directory server. ;Specific cases or assets within cases can be locked down so that only certain groups or users have access. Create custom groups. Set up custom group names permanently or on an ad -hoc (related to an investigation) basis. Add users to groups. Add users to groups. Integrate to directory server. For those agencies that have a directory server, ADAMS integrates to existing directory servers. This allows ADAMS to access the central user name and group name database maintained by the agency's information systems group. Define privileges for groups. The administrator can determine the privileges (archive, configure, delete items, manage asset folder types, etc.) to be assigned to each group. -General t-Agencies r.'fl. •Asset Felder r• Calegodes Crimes It-&videnee Processing ink e} User t7ghts Management Groups --Group •> Privileges -Group > Users .. User -> Groups I•-• General Agencies G• Asset Folder ;•Categories 1...Gimes Fp. eddence Processing Irda p• User kghis Management -Groups •> P4Nltges 1-Group •> Users {w User-> Groups ;-General i -Agencies q.Asset Fader Categories • Crimes 0. Evidence Processing Ink r - User Flights Management -Groups .-Group •> Privileges -Group •> Users • User-> Groups Grattps Adams Acquketst Adams Administrators Adams Technicians Adams Viewers Ballistics Homicide Detectives Latent Prints Photo Lab Trdtic AdanrsAdministratdrs. •,:'� Adams Technicians Adams Viewers Homicide. Detectives 44 (i CorOgure Adam I` ' Delete Any Item Delete Auptcates Front Arty Asset Manage Agencies r. M"ngge Asset folder Types _._ �i�+'w�E•,��'"'�"�re�x'�ciA'o��J!tl i.`�L'zN�•i;^:1'Slrr`•li1"li,..,�rli—� • QHvllega, value; . Adams Acquirers Adams Administrators I Remove Adams Technicians Adams Mowers Homicide Detectives ADAMS/Publish J Advanced User Rights Management Security Control Panel ria Usit Control Access. Grant/restrict access to cases by crime type. Restrict Cases or Specific Assets to Groups or Users. Restrict access to assets by user -defined categories. Override group setting. Restrict or grant access of cases/assets to individuals or groups regardless of what other privileges may have been granted, Case#200708.29.0.i ' . A,ccea31e 304I17Gtr' toilk oa;Grouba ... Adams Technicians Homicide Detectives ••General Agencies • Aaoet Folder • Categories Crimes SS • Evidence Processing Infc El User RghtsManagement Groups } • Group •> Privileges !•• Group •> Users F• User 4Groups tjser WI! . Weis vrithAezesa John Small • Intel® Pentium® I1I or 4 processor • Microsoft® Windows® XP with Service Pack 2 • 512MB of RAM • 1 GB of available hard -disk space to install application • 1024 x 768 monitor resolution with 24-bit video card with 32MB VRAM minimum TECHNOLOGIES For more Information, contact Foray Technologies corporate headquarters at (619) 858-1360 or info@foray.com Options Group—> Privileges • Group' Privileges ;Pm(ilege, • • Archive Configure Adams Delete Any Rem Delete Duplicates From Arry Asset ... Manage Agencies Mena ePsseTEolder7 es • g,6yYs•i4# Flt:lftFP:}iV'yi''llil'Vt' Mums Administrators ICI Prlvileye Value , II Value Acquire Asset Archive OtmedAsset Folder Delete Duplicates From Owned Asset Folder Delete Owned Rem aged Asset Export Asset Folder Eased Web e e • . General • • Agencies © Asset Folder .• Categories Crimes CI Evidence Processing ink Et User Rights Managemen i•• Groups • -Group •5 Privileges i•• Group •> Users •User •> Groups Group ' Privileges • 'Adams Administrators I rPilvllege S [IVaCUe Archive Configure Adams Delete Any Item Delete Duplicates From Any Asset... Manage Agencies Manage Asset Folder Types _,.. ".:.P77Vdege . Access Asset wTh Category VaIpe BilaMark V Blood Spatter Crime Scene Documentation Fingerprint Firearms Footwear Palm Print �• •• . Question Documents Tire Tread Tool Mark +i4: t}. •^ " + Trace Evidence i•.'$ flrY's"•, i Unknown i L. The Foray Digital Asset Server is required to share fi/es across workstations The number of Advanced User Rights Management workstation licenses must equal the number of Digital Workplace licenses O Foray, LLC All Rights Reserved. rev 2008.02-15 #FT-LE-31 www,foray.com Advanced Archival Management augments the existing ADAMS archival capabilities by setting rules that determine which assets are taken off-line and when. A variety of parameters, such as asset category, date, and crime type can be used to implement an archiving strategy that matches an agency's specific standard operating procedures with respect to digital asset retention. Once rules are set up, the archiving process becomes automatic with little or no user intervention. When paired with a media (CD/DVD) autoloader, archiving activities can be run in unattended mode. Determine archive rules. The system administrator can create multiple archive rules to be automatically run at periodic intervals. Specify rule details. Once a rule is added, the system administrator can set conditions upon which the rule will run based upon asset category, crime type, last modified date, etc. Set frequency. The system administrator can determine whether the archive rule should be run nightly, weekly, monthly, etc., depending upon system usage and agency operating procedures. Make multiple copies. For those agencies with off -site storage requirements or who would like redundant media copies, each archive rule can specify the number of media copies to be made. AFC WO RulesX ' Rule Name' General Homicide Narcotics Add Edit l.! Delete I Archive -take offline I: Crime Type Last Modified Friday . August 31.2007 at 10:07 AM fa not Blood Spatter atIeast+�j One week Ago ADAMS/Track ' Advanced Archival Management 1 Extended Rules -Based Storage Management Engine Run manually. Rules can be executed manually, as needed. Run in unattended mode. By using a media (CD/DVD) autoloader, the system administrator can run archiving in unattended mode. CDs or DVDs are automatically burned and labeled, ready for filing. Archives can also be stored on hard drives or storage arrays. equii'emeis •...No.-9y r•.aa s Archive Management a Case F 20870824.01 Ct1° 20670830-01 111•• 28870830 02 20070829•01 Rule Homicide Homicide General Narcotics 123458789 ;Asset folder II.Set IItsse# Size Case #200708201 Set50D1 Canon EOS_15D CRW 5 M9 Case #20070828 01 Al Sets Al Assets 153 ... C_\Documents and Settings nont\Oee 'erne Fra11r•2 f3 Intel® Pentium® III or 4 processor The Foray Digital Asset Server is required to share files • Microsoft® Windows® XP with Service Pack 2 across workstations • 512MB of RAM • 1 GB of available hard -disk space to install application • 1024 x 768 monitor resolution with 24-bit video card with 32MB VRAM minimum FORAY' TeaHNOLoo®es oi! For more information, contact Foray Technologies corporate headquarters at (619) 858-1360 or info@foray.com Foray, LLC All Rights Reserved. rev 2008-02-15 #FT L8.17 www.foray.com EXHIBIT D INSURANCE REQUIREMENTS PROFESSIONAL SERVICES AGREEMENT 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 included as an Additional Insured Employees included as insured Contractual Liability II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto Including Fired, Borrowed or Non -Owned Autos Any One .Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured III. Worker's Compensation A. Limits of Liability Statutory -State of Florida IV. Employer's Liability A, Limits of Liability $100,000 for bodily injury caused by an accident, each accident $100,000 for bodily injury caused by disease, each employee $500,000 for bodily injury caused by disease, policy limit Professional Services Agreement — Foray Technologies --RFP 127103, Law Enforcement Digital Photo Lab System 25 C The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer not less than (30) days prior to any such cancellation or material change. 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, 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. Professional Services Agreement— Foray Technologies — RPP 127103, Law Enforcement Digital Photo Lab System 26 A ORD,„ .!CERTINCATE<YF LABllLflrY INSUM:14vE '•! f oar. INIM/DO/YY1 01/23/10 nomiNirt b0241.85.705 Wells Fargo Insurance Services USA, inc. 3601 'Fairview Ittclustrial DR SE • Salem, OFI'S7802 4.6.1 t3ViteD . 'Foray, •1_,LC .PC Profession.als,Irm, 301'1 5.th Ave Ste SO() *San nif.)go CA ...el:1'05' INSURES C: :INSUEES INBURES..E: 'THIS DERTIRICATE, tS •ISSOED:AS A MATTER .OF INPORIVIATION • :ONLY( AND •CONFERS NO RIGHTS UPON THE CERTIFICATE 'HOI.:DER. THIS DERTIFICAT.E Does Nro'r AMEND, EXTEND OR -.ALTER 'THE .00VERA.GE -AFFORDED SY THE tPOLICIES BELOW, INISIAMR's:APPORDING COVERAGE INSURER AI SP,pirez WORMS: UMINETIELL OV_ERA.GES . THE .P01:10168.0P.INSIJEAKI.CE,LISTEIXT3ELOW•HAVE.8EEN:ISSUED TO THE INSURED.NAMED:ABOVE FOR THE POLICYFEliloD INDICATED, NOTWiTH STANDING ANY •REOUIRSMENT, TERM .0R. CDNOMON OF ANY CONTRACT OR 'OTHER. DOCUMENT 'VVITH :RESPECT 'TO 1/V1-11,CH THIS OURTIPICAT.E MAY BE ISsUgD DR IvTAY 'PERTAIN, :THE •INSURANCE, ARF0RDED*13N' l'HE• POLICIES:DESCRIBED HEREIN:IS':SUMJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS:0F SUCH POIJ0IES,./V0GRE.G.ATE.1:0/11TE;8HOWN•IvIAY.HAVE:138EN REDeJOEDIEY PAID CLAIMS. ;FIT•• . TYpa•samoss,IMANGE 1 .maiaoYintintinEn •rouorgEFEcTivE rp61.4161/, EXPIRATION. • LIMITS ..... ..,...„ ... ..., . ....1,carionAi..u.nantrr.). _. .. ..-- . - . , . TcrInr1-04005.... . . _ . __ 172S/10 .: ... _ .1*/.2 (111.. ..,..E•ACUndOUrinnOcE a 1 .... A _1 ,_ . . _1,00000..1 .-. CDMMEECIAL. OEIPIRAL.LIABILITY EtRE•DAMAGE,(Any ono firSTI $ 25110.00 • I EILAP,AG.MADE ,)( *.00CUR • ' M.r.F.D.EN.P (Any :ass parson: I 4 10.000 , „.-- (. P,IiF.ISOIA,1,1..Al2,01niop,RY :.,4 -.1 .01NE1AL AGGREGATE .0....._2.Ap.(YDD.0,_, _I .GEN'1,..AGGHEGATEIPAITAPELIEG•pER: •PRIDOUCTS • COMP/DP./ADO • s 20.00000 'OLIOEll llV 'n°V1. 'F-- 1.1.0c .... .. ..5.4 AUTOMOBILE LIABILITY ,ANY AuTo TT094.04005 1128(1.0 1 /23/11 Dor,inimaNGL,12 Lima .ino...navitionn .V .7.,r1D.O.00D --- — .ALt. OWNED AUT.GE SOHEISULE).ApTGE . EGOILYINJURY 114.m.poisoI1) .4 . •HIRED.ALITOS : NON VAIMP •AIJ7D,Ei '..1C) ) : 1101)ILY INdURY Wpr..sculdssit} : EADPERTY DAMAGE ./M .{PAr,nosiclant) •GARANELTAEILITY t MUG DMA' - EA-rocber•rr ARY-nt.rre r.rrHER THAN '.EA ACICI •S • ALIT° ani,y1 Asci. /rY.O.E.$6:0-Assalw L._ TT094104.005 \ '1 /28/1:0 1/28/11 aAnri.occLinriniqt; E $ 1000000 .00CUE. 1-1..OLAIMiZtviAGE ..AGGREGATE ...— 4.k, 1 600 0k1 0 .$ DEDUCTIPLE :.1. • RETENTION :4 ' A; wonneftwirmivinSNSP.TIONAto Hs1111,B83800728 "1128/10 ;1428/11 ita..71;141gItilil Kr - ..EmEUOYERS'ISAUILITV • E:1,....EAMI Acr..1D4NY ;.1. i...rmorrort, ' Pi •DISEASE - EA PMPL6YEE 1/ '9, 00.0 DOD •• • iht, GIE.E.A.GE• -.PC)LIV'e •LIM IT 4 3.0'000E0 iiiiisii .......... • , • 11111,:riorwor:i3HERATIONS,/LOOATIorlimPtiloLEsi4xoLusioNs.ADDERtRy 'EN oonsannsriTMUQ1A4p11,91/MoNs 'The Cloty.ol Miami, end its emple.yees,sre‘ecitlItionolinsurec .on , .gonerol liebilitpasiespeots,work perform'son its..behalfty'rrie named insured.per:forrn:01.50...Ret#127.108- taw 'Enforcement Digitel .Ph0,f04.41):SITI'Gra. AN/170est,RetItip rik+ , • . • ITIFICATE,HOLDER I:noorrIONAL INSURED; INSURER LETTER: City of Miami Ypsbel Gonzalez,;NrolasIng 4.44.SW .2.nd Avertue, eth Floor Miami, fiL. 3313.0 CAllIDELLATION . 'SHOULD ANy..or tHE.ASCSVE DESORISED POI.IDIt0 0 GANDELLno.SEFORE INE..EXPIATATICN .r)AvE THEEEeri; THE IsSUING INSURER Vinsl, 0NDEAV0R TO .41/1II, 20 .DAYS wsITTIM NoTloe TO Tile cuirrinioxre•HOLCnn NAMED TO THE OEFT, .13UT PAiI.URE TO DO :SO -SHALL '013..inKroN on LIABILITY o' Any lam) UPON THE INSURER, ITS AGENTS OR ' 11E:41E8 ,NTATIVES.. •ALITH ED•TIET IESMITATIVE .2B-S 40- 33 p;bbiii-.) CORPORATION 1.888 EXHIBIT E COST PROPOSAL • Professional Services Agreement —Foray Technologies —R.FP 127103, Law Enforcement Digital Photo Lab System 27 TECHNOLOGIES SECTION 7: Cost Proposal ., REVISED PRICING SCHEDULE Qty Item Description Price Note/Comment A Complete Camera Package (Quantity 45) 45 ' Nikon D300, 12.3 mega pixels, digital SLR Camera Body and Neck Strap• 90 Nikon Battery, EN-EL3e, Qty_ 60 (two bat. per camera) 45 Nikon Battery Charger 45 Nikon Macro Lens, AF-S DX Nikkor 18-105 MM Fi3.5-5.6G ED VR 45 Nikon Flash, SB-900 AF Speedlight- 90 CFI LEXAR 233X PRO 4GB (two per camera) 45 NIK MB-D10 BAT[' PACK 45 QUAN BATT TURBO COMPACT 45 QUAN TURBO CABLE CKE 45 PELICAN 1614 BLK 45 TIFFEN 72MM UV 45 SC-29 TTL Off Camera Shoe Cord with AF Assist - Coiled 3-9' 45 MC-30 Remote Cord for Nikon D300 Total for Complete Camera Package (Quantity 45) $157,945.00 Revised: August 13, 2009 Page 42 Response to RFP #127103 Qty Item Description Price Note/Comment 13 Download Workstations (Quantity 5) 5 Dell Optiplex 960 Mini Tower Desktop Computer 5 Intel Quad Core 2, 3 GHz Processor ` 5 Windows XP Operating System with latest service pack - 5 Symantec Ghost 5 Ghost Maintenance 5 Microsoft Enterprise Agreement - Full Platform - True -Up Year One Microsoft Office 5 McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support 5 Network Interface Card (NIG). 5 19" inch digital high resolution monitor with two (2) USB ports 5 ATI Radeon, 256 MB, with PCI Express (PCle) bus type, video card . 5 19 in 1 card reader 5 6 USB ports 5 320GB SATA 7200 RPM HOD 3.5" Hard drive 5 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory 5 Subtotal for Five (5) Dell Optiplex 960 as specified $7,860.52 Dell Hardware 5 ADAMS Digital Acquire (input) Software $545.00 QTY 5 "per seat" licenses 5 Total for Five (5) Download Workstations with ADAMS Software to provide functionality as Specified in Section 3.1 Ill) $$ 405 52 ' Revised: August 13, ' 009 Page 43 Response to RPP #127103 Qty Item _ Description Price Note/Comment C Administration Workstations (Quantity 3) 3 1 Dell Optiplex 960 Mini Tower Desktop Computer 3 Intel Quad Core 2, 3 GHz Processor 3 Windows XP Operating System with latest service pack 3 Symantec Ghost• 3 Ghost Maintenance 3 Microsoft Enterprise Agreement - Full Platform - True -Up Year One Microsoft Office 3 McAfee Total Protection Enterprise Advanced Perpetual with 1 yr Gold Support 3 Network Interface Card (NIC). . 3 19" inch digital high resolution monitor with two (2) USB ports - 3 ATI Radeon, 256 MB, with PCI Express (PCIe) bus type, video card 3 19 in 1 card reader 3 6.USB ports 3 320GB SATA7200 RPM HDD 3.5" Hard drive 3 4 GB DDR2 Non-ECC SDRAM, 800 MHz, (2 DIMM) Memory 3 Subtotal for Three (3) Dell Optiplex 960 Mini Tower Computers as specified $4,716.31 Dell Hardware 3 ADAMS Digital Workplace $11,986.00 QTY 3 "per seat" licenses 3 Adobe Photoshop Elements Version 7.0 (or later) $297.00 QTY 3 "per seat" licenses 3 ADAMS Audit Trail Workstation License $747.00 QTY 3 "per seat" licenses 3 ADAMS Advanced User Rights Management Workstation License $1,047.00 QTY 3 "per seat" licenses 3 Total for Three (3) Administrative Workstations with ADAMS Software to provide functionality as Specified in Section 3.1 ill) 18,792 31 Revised: August 13, 2009 Page 44 Response to RFP #127103 Qty Item . Description Price Note/Comment D Server with 18 TB raw/14.4 TB of effective storage 4 _ _ Dell Power Edge 2950 III Server . . _ 4 Processor: Two (2) Dual Core Inter Xeon L5240, 6MB Cache, 3.0 GHz, 1333 MHz FSB processors 4 Operating System: Windows Server 2003 * We are providing Windows Server 2003 Enterprise Edition, because of the 16 GB RAM requirement in this RFP, 4 Memory*: 16 GB 667MHz (8x2GB), Dual Ranked DiMMs 4 Riser Card: Riser with 3 PC 4 Chassis Configuration: Rack Chassis with Sliding Rapid / Versa Rails and Cable Management Arm, Universal . 4 .. Power Supply: Energy Smart Redundant Power Supply with Dual Cords 4 Hard Drive*2 250GB Internal Drives Configured in a RAID 1 Configuration and as specified in Addendum NO_ 3 a Deli PowerVault Series Direct Attached Storage Array Expansion Device was configured with 9-1 TB Hard Drives to give 9TB of raw/7.2 TB of effective storage 4 Network adapter: Intel PRO 1000VT Quad Port 1GbE NIC, PCIe-4 4 CD/DVD Drive: DVD-ROM, SATA, Internal 4 Latest version of McAfee Antivirus and Spyware Software, Enterprise Edition 1 Symantec backup Software to ensure a four (4) hour backup of production As specified in RFP only one server will have the Symantec back up software. 4 Total for Servers Option 2 - $52,597.20 1 Audit Trail Server License $2,996.00 1 Server License will cover both servers. 1 Advanced User Rights Management Server License $3,995.00 1 Server License will cover both servers. Total for Four Servers with ADAMS Software to provide functionality as Specified in Section 3.1 III) $59,687.20 Revised: August:13, 2009 Page 45. Response to RFP #127103 Qty Item Description Price Note/Comment E Scanners and Printer (2 Complete Sets) 2 Nikon Super Cooiscan 9000 Ffl 2 Epson Perfection V700 (V750, V700 NLA) 2 Color Printer. Epson Stylus Pro 4880 2 C4800 Epson Printer Stand 4 UltraChrome Photo Black Ink 4 UltraChrome Cyan Ink 4 UltraChrome Vivid Magenta Ink 4U 4 UltraChrome Yellow Ink 4 UltraChrome Light Cyan ink 4 UltraChrome Vivid Light Magenta Ink 4 UltraChrome Light Black Ink 4 UltraChrome matte Black Ink . UltraChrome Light Light Black Ink 2 Premium Glossy Photo Paper 16" x 100" 2 Premium Semigloss Photo Paper 16" x 100' 2 Premium Glossy Photo Paper 10" x 100" 2 Premium Glossy Photo Paper 6" x 100" 2 Scanners and Printers (2 Complete Sets) $11,096.16 Revised: August 13, 2009 Page 46 Response to RFP #127103 Qty Item Description Price Note/Comment . F Project Management $10,513.21 G Linear System Conversion $8,006.00 f 1 installation $13,,,37,50 Assumes -Foray installing - and configuring Servers, Workstations, Scanners and Printers / Shipping • $1,600.00 J Travel $4,120 00 Includes travel (air fare, hotel, car rental, per diem and miscellaneous) for on- site installation and training. Grand Total $293,501.90 Revised: August 13, 2009 Page 47 Response to RFP #127103 TECHNOLOGIES SECTION 7: cos r oposa -15 Yea Software .i f Cl/de Cost item Description Price Note/Comment L Annual Support: for A. DAMS Software Year 1 0_00 First year of support is included Year 2 . $4,795.20 Year 3 $4,795_20 Year 4 $4,795.20 Year 5 $4,795.20 Year 6 $4,795.20 Year 7 $4,795 20 - Year 8 $4,795.20 Year 9 $4,795.20 Year 10 $4,725.20 Year 11 $4,795.20 Year 12 $4,795.20 Year 13 $4,795.20 Year 14 $4,795.20 Year 15 $4,795.20 Year 16 $4,795.20 Total Software Support $71,928.00 Revised: August 13, 2009 Page 48 Response to RFP #127103 EXHIBIT F SOFTWARE LICENSE AGREEMENT Professional Services Agreement —Foray Technologies --PPP 127103, Law Enforcement Digital Photo Lab System 28 FOY- C TEOHNOLOGIES SOFTWARE LICENSE AGREEMENT • • THIS SOFTWARE LICENSE AGREEMENT ("Agreement") is made by and between Foray LLC dba•Foray Technologies ("Licensor"), with offices at 3911 5th Ave, Ste 300, San Diego, CA 92103, and The City of Miami, a municipal r.nrpnrai~ nn . . situated"'inthe----- city of Miami , state of Florida ("Client"). The software packages covered by this Agreement include ADAMS Digital WorkplaceTM, ADAMS Digital AcquireTM, ADAMS ViewefTM, ADAMS Audit Trail ServerTM, ADAMS Audit Trail WorkstationTM, ADAMS. Advanced. User Rights Management ServerTM, and ADAMS Advanced User Rights Management WorkstationTM, and is Iicensed by Licensor to Client for use only on the terms set forth herein, and Client shall not use such Software except in strict compliance herewith. 1. Grant of License. Subject to the terms and conditions of this Agreement, Licensor grants to Client a non -transferable, non-exclusive perpetual license to use the Software: a. Single User License. Client may use and install the Software only on a single terminal connected to a single computer (Le. single CPU) or to a network server. If Client installs the Software on a network server, Client roust purchase a separate copy of the Software for each computer terminal that will be used to operate the Software as required pursuant to subparagraph b, below. b; Network License. If Client is acquiring a version of the Software for network use, Licensor grants to Client the right to use the Software on a licensed computer network as provided below. A computer network is any combination of two or more terminals that are electronically linked and capable of sharing the use of a single software program. A "licensed computer network" is a computer network for which Client has. acquired and dedicated at least one standard single user license of the Software (which single user licensed Software can run stand alone or on a network server). For additional users to use the Software on the network, Client must acquire LAN NODES for each such additional terminal that is electronically linked to the network server. If the documentation accompanying the Software expressly so permits, you may convert a standard licensed copy of the Software to operate as a LAN NODE, provided that no other use is made of that copy (i.e. is not used as a stand alone or network server copy). Client may have only as many copies of the Software in simultaneous use on the network as the Client has properly licensed LAN NODES and single user licenses. For example, a network with five terminals shall have one single user/network server license and five LAN NODES licenses. 'January 25 , 20 10 Pagel Law Enforcement Digital Photo Lab System Contract Number 127103 2. Other Restrictions. Client shall not (i) sell, lease or transfer the Software, (ii) use the Software to provide services under any other name than that of Client; (iii) use the Software to process the data of third parties without Licensor's prior written consent; (iv) modify, adopt or change the Software; or (v) reverse engineer, decompile, disassemble, translate or create derivative works of the Software. Client agrees that the number of installations of the Software shall not exceed the number of licenses purchased by and issued .to Client. Additional LAN NODE licenses for additional installations may be purchased by Client at Licensor's then current rates, which Licensor may change from time to time without notice. 3. Copyright and Copies. The Software is owned by Licensor or its suppliers and is protected by the United States copyright laws and international treaty provisions. The Software and hardware associated therewith are valuable property of the Licensor and its suppliers and Client shall not make or have made, or permit to be made, any copies or duplications of the Software, documentation, hardware configuration, or any portions thereof, except that Client may retain one -.(1)-copy .of..the-Software_solely_.:for_bacicup.ox, aiolival.:ptitrposes,_provided Client also reproduces all copyright and other proprietary notices that are on the original copy of the Software. Client may also transfer each licensed copy of the Software to a single hard disk provided Client maintains the original copy solely as the backup or archival copy. 4. Termination of License. All of Client's licenses hereunder shall automatically tei.winate in the event Client either (i) fails to hilly pay to Licensor for any license or right granted hereby or (ii) Client violates or breaches any term, covenant or condition contained herein and does not cure the failure to pay or breach within sixty (60) days of being notified by Licensor of the failure or breach in writing, Upon any such termination, Client shall either destroy or return to Licensor the original and all copies of the Software and related documentation and cease all use of the Soft are and trademarks. 5. Confidentiality. Client agrees that neither the Client, its agents nor its employees shall in any manner use, make available, make known, divulge or communicate any information with respect to the Software which might enable copying all or any portion of the Software or the development of a similar computer program or system. Client agrees to take all appropriate action to protect the confidential and proprietary information included in the Software, including appropriate instruction and agreement with its employees. Title to and all proprietary rights in the Software, including all modifications, documentation and related written and electronic materials, shall remain vested exclusively in Licensor. 6. Limited Warranty. Licensor warrants that it has clear title to the Software. Licensor further warrants that for a period of twelve (12) months after installation and for as long as the County is paying for software support and maintenance, the Software, if used by Client in accordance with applicable documentation and not modified by Client in any way, will substantially perform the. functions outlined in the user documentation. Client's sole remedy under the .preceding limited warranty is that Licensor will undertake to correct within a reasonable period of time any reported "Software Error" (failure of the Software to perform substantially the functions described in the documentation), correct errors in the documentation, and replace any magnetic media which proves defective in materials or workmanship on an exchange basis without charge. In order to make a claim under this limited warranty, Client must return the defective item to the Licensor, postage prepaid, within ten (10) days following the expiration of the limited warranty period. if Licensor is unable to replace the defective media or if Licensor is unable to provide corrected, software or corrected documentation within a reasonable time, Licensor will, at its sole and'exelusive option, either replace the Software with a functionally equivalent program at no .January 25 ' , 20 10 Page 2 Law Enforcement . Digital Photo Lab System Contract Number 12 7103 . charge to Client or refund the license fee of the Software, The aforementioned remedy is the Client's sole remedy for any breach of warranty by Licensor. • TIE ABOVE LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, AND LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, NO WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE SOFTWARE, NOR ANY WARRANTIES WITH REGARD TO VALUE ADDED ENHANCEMENTS, INTEGRATIONS OR MODIFICATIONS ADDED TO OR COUPLED WITH THE PRODUCT BY OTHERS, OR WITH REGARD TO OTHER SERVICES OR TECHNICAL SUPPORT TO BE PROVIDED BY OTHERS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OP THE ABOVE 'LIMITED WARRANTIES OR CREATE ANY NEW WARRANTIES. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES AREPROHIBITED'BY APPLICABLE LAW, ANY IMPLIEDWARRANTIBS ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. 7. Government Client. If Client is acquiring the °Software on behalf of any unit or agency of the United States Government, the following provisions apply: a. The °government acknowledges Licensor's representation that the Software and its documentation were developed at private expense and no part of them is in the public domain. b. The government acknowledges Licensor's representation that the Software is "Restricted Computer Software" as that term is defined in .clause 52.227-19 of the Federal Acquisition Regulations (FAR) and is "Commercial Computer Software" as that term is defined in Subpart 227.471 of the Department of Defense Federal Acquisition Regulation Supplement (DEARS). c. The government agrees that: If the Software is supplied to the Department of Defense, the Software is classified as "Commercial Computer Software" and the government is acquiring only "Restricted Rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DEARS, and ii. If the Software supplied to any unit or agency of the United States government other than the Department of Defense, the government's rights in the Software and its documentation will be as defined in Clause 52.227-19(0)(2) of the FAR. iii. Any change, supplement or addition of any of the foregoing referenced regulations ° shall be incorporated into the foregoing by this reference. 8. RESTRICTED RIGHTS LEGEND. The use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DEARS 252.227-7013. 3911 5th Ave, Ste 300, San Diego, CA 92103. January 25 , 20 1.0 Pagel Law Enforcement Digital. Photo Lab System Contract Number 1271 n l 9. General Provisions. a. Assignability. This Agreement, and all rights and obligations shall not be assignable by Client without the prior written consent of Licensor which consent may be withheld for any reason. A change in control or ownership of the Client shall be deemed an assignment subject to this paragraph. This Agreement shall be binding upon each party's successors and assigns. b. Limitation of Liability. Licensor's liability shall be limited to direct monetary damages which shall not exceed the initial Software purchase price. For purposes of the foregoing, the Software purchase price shall be limited to the price paid for only that Software provided by . Licensor either directly or through its distributor, which shall exclude, but not be limited to, the cast of third party provided software, hardware, enhancements, services, or training other integrated systems including the distributor's value added enhancements, freight charges, sales, .use ..and .other taxes,installation,mairitenance and service charges, and other associated costs not paid directly for products provided by Licensor. REGARDLESS OF WHETHER ANY REMEDIES SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT SHALL LICENSOR BE LIABLE 'FOR (1) ANY LOSS OR INJURY CAUSED BY OR ARISING FROM THIS AGREEMENT OR ANY SOFTWARE FAILURE OR MALFUNCTION, (2) ANY LOSS OR COST RELATING TO CLIENT'S LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR ANY DATA SUPPLIED THEREWITH EVEN ° IF LICENSOR OR ANYONE ELSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,, (3) ANY CLAIM BY ANY OTHER PARTY, OR (4) FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NO ACTION OR CLAIM RELATING TO THIS AGREEMENT OR THE SOFTWARE MAY BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH ACTION OR CLAIM. c. • Entire Agreement. Each party acknowledges that this Agreement is the complete and exclusive agreement of the parties and supersedes all other communications, oral or written, between the parties relating to the Agreement's subject matter. Any change to this Agreement shall not be valid unless it.is in writing signed by both parties. This Agreement will inure to the benefit of Licensor and its successors and assigns. de ° Governing. Law. This Agreement (including any attachments), its subject matter and the parties' respective rights and obligations .hereunder is made, entered into, and shall be performed in the County of Hem°ico, Virginia, and shall be governed by the applicable laws of the Commonwealth of Virginia. Any dispute arising out of the contract resulting from this Agreement, its interpretations, or its performance shall be litigated only in the Henrico County General District Court or the Circuit Court of the County of Henrico, Virginia e. Default. In the event of any default of any obligation under this Agreement which remains uncured sixty (60) days after receipt of written notice of such default, the non -defaulting patty.may terminate this Agreement: If this Agreement is terminated, Client shall return the Software and all user documentation to Licensor. f. Waiver. Except as otherwise provided herein, neither the failure nor any delay to exercise a right, remedy or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of a right, remedy or privilege preclude any further exercise of the same. January 25 ,20 10 Page 4 Law Rnforr,_pmerit nti chi tp 1 phut❑ Tot) System Contract Number 127103 g• Severability. A determination that any provision of this Agreement is invalid, illegal or unenforceable shall not affect the enforceability of any other provision. h. Notices. All notices and other communications required under this Agreement shall be in writing and shall be deemed to have been received when personally delivered or when deposited in the United State snail, first class postage prepaid, addressed as set forth on page one of this Agreement. i. Forms, Reports and Interfaces. Licensor shall receive a copy of all forms, custom reports and interfaces developed by Client for or to be used with the Software and shall have the unrestricted right to use, copy and incorporate in its Software the format of such fowls, custom reports and interfaces. j. Authority. The Client has full power and authority to enter into and perform this Agreement, _and . the _persons accepting this_ Agreement_:on behalf of the Client has been properly authorized and empowered to enter into 'thisAgreement on behalf of the Ciieht. I CLIENT AND. THEIR AUTHORIZED REPRESENTATIVE EACH FURTHER ACKNOWLEDGE THAT THEY HAVE READ TBIS AGREEMENT, UNDERSTAND IT, • • AND AGREE TO BE BOUND BY IT.• THIS AGREEMENT is dated and effective on the date or dates as set forth above. ora LC dba F 3911 5th Avenue San Diego, CA Signa Printe Technolo acne: David L. Witzlce Title: Vice President, Program Management APPROVED AS TO FORM CORRECTNESS: Julie 0. B u eit4w City Atts ney City of M �` 444 S.W. 2 C��v Miami FL 33130 Signature: municipal corporation 10th F Printed Name: Pedro G. Hernandez Title: City •ManacTr ATTEST: ;Priscilla A. Thompson, City Clerk APPROVED URANCE REQUIREMENTS: LeeAnn B ehm Risk Man gement director January. 25 Page5 Law Enforcement Digital Photo Lab System Contract Number 127103 EXHIBIT G SOFTWARE SUPPORT AND SERVICE AGREEMENT Professional Services Agreement — Foray Technologies — RFP 127103, Law Enforcement Digital Photo Lab System 29 FORAY" TEOHNOLOOI ES SOFTWARE SUPPORT AND SERVICE AGREEMENT This Software Support. and Service Agreement 25 day of . January with its primary office located at 3911 5th Ave, Miami, a municipal corporation Miami 4. state of Florida is based on Contract Number 127103 , dated this 20 1.0 between Foray LLC dba Foray Technologies, Ste 300, San Diego, CA 92103, and The r., ty f , situated in the city of ("Client") and includes: First User unlimited access to the Foray Technologies Support Desk, M-F 7:00 AM — 5:00 PM Eastern Time and off -hour support by leaving a message with the on -call support engineers (which is listed on our voice mail), excluding statutory and local holidays. Free ADAMS software updates and upgrades Remote diagnostics and troubleshooting of ADAMS software. Customer must provide dial up and/or Internet access to the ADAMS system.. . On -site emergency dispatch if necessary 1. COVERAGE Foray Technologies (or its designated service representative) will, during its normal working hours (which are, 7:00 a.m. to 5:00 p,rn. Eastern time, Monday through Friday, except for statutory and ,local holidays), provide standard support services to Client for the ADAMSrM ("SOFTWARE") product line as outlined within this agreement. Support Services to include: A. 'STANDARD SUPPORT SERVICES", which consist of assistance and similar SUPPORT SERVICES by telephone in connection with the use and operation of the Foray product line software. B. "OFT SITE SUPPORT SERVICES", which provide that Foray Technologies will make all adjustments, repairs and replacement to the Software as, in the opinion of Foray , Technologies, are required as a result of normal use of the Software by the client and to maintain the Software in good working order. SOFTWARE UPDATES, which provide that client will receive updates to the Software. January 25 , 2010 Page l Law Enforcement Digital Photo Lab System Contract Number 127103 ]?. 2. COVERAGE EXCLUSIONS A. SOFTWARE SUPPORT, which provides that Foray Technologies shall have no obligation to support: a. ,Altered, damaged or modified software or any portion of the software incorporated with or into other software; b. Use of third party software other than as specified, installed, supplied or approved in writing by Foray Technologies; c. Software problems caused by Client's negligence, abuse or mis- application, or other causes beyond the control of Foray Technologies; d:: Software installed on any hardware than does not meet the m:inbnum specifications as provided by Foray Technologies; e. Hardware -related problems; Sites without remote support software and modem access. Services not covered under this agreement but required by client after Foray Technologies' working hours as identified above may be performed by Foray Technologies at the request of the client and if so performed, will be charged to the client in accordance with Foray Technologies' time and materials rates then in effect, including overtime rates if applicable. 3. CONDITIONS OF MAINTENANCE As conditions to Foray Technologies' obligation to provide service or maintenance, the client shall: A. 'Use and maintain the Software in strict compliance with the instructions specified in the Software user manuals) B.. Make or permit no alterations to the Software without Foray Technologies' prior written approval; C. The client will provide Foray Technologies such access to the Software as is required to allow Foray Technologies to perform maintenance as and when required by Foray Technologies, including remote support connection if applicable. If additional costs are incurred by Foray Technologies as a result of the client's denial of access to the Software during normal worldng hours, the client will bear such costs. . The client shall be responsible for registering with all manufacturers applicable warranty cards for third party software and equipment, if applicable, as provided by Foray Technologies. January 25 ,20 10 Page 2 Law Enforcement Digital Photo Lab System Contract Number 127103 4. CHARGES AND PAYMENT MI charges due are payable by the client on delivery to the client of the invoice for such charge within 30 days of receipt of invoice. Interest charges on late payments will be levied by Foray Technologies at the lesser of: (1) the rate of 2% per annum above the prime commercial lending rate charged by Wells Fargo Banlc or (2) the highest rate permissible by law. The client shall bear all taxes arising from transactions contemplated including, but not limited to, state and local sales and use taxes, irrespective of designation as excise, gross receipts or privilege taxes. Client shall either: (a) pay to Foray Technologies the amounts of the foregoing taxes; or (b) timely provide Foray Technologies with evidence necessary to sustain an exemption therefrom. In the event that client fails to make payments pursuant to this Section 4, and such payment is not received within thirty (30) days of such payment date, Foray Technologies may, at its option, cancel or suspend the provision of any services or products to client, whether pursuant to this or any the agreement between Foray Technologies and client, until sixth charges have been paid. If Foray Technologies decides, at its option, to reinstate this agreement, client must first Pay Foray Technologies any fees due and, at Foray Technologies option, Foray Technologies' current reinstatement charge. 5. RENEWAL This agreement shall commence on the date of coverage specified in this agreement and shall continue for a one year term. Client will have the option to renew agreement on an annual basis, terms and conditions may be subject to change. upon renewal, provided that Foray Technologies provides the client with written notice of such change or changes at least 90 days prior to the Renewal Date of this agreement. All other price schedules of Foray Technologies not a part of this agreement may be changed by Foray Technologies without notice. • 7. LIMITATION OF WARRANTIES AND SERVICES The use of the Software will be under the client's exclusive management and control. The client -will be responsible for assuring the proper use, management and supervision of the Software, audit controls, operating methods and office procedures, for establishing the necessary control over access to data, and for establishing all proper check points and procedures necessary for the client's intended use of the Software and the security of the Software and the data stored thereby, THE SERVICES AND WARRANTIES EXPRESSED HEREIN ARE EXCLUSIVE AND. IN LIEU OF ANY OTHER SERVICE CONTRACTS AND WARRANTIES, EXPRESSED ESSED OR • IMPLIED, INCLUDING, BUT NOT LIMITED TO, .ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FORAY TECHNOLOGIES SHALL NOT BE LIABLE FOR SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTH PR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS CONTRACT OR EQUIPMENT PROVIDED FOR -HEREUNDER. TJ J E REMEDIES SET FORTH H 1i.BEIN ARE EXCLUSIVE OF ALL OTHER BEMEDIES. FORAY TECHNOLOGIES LIABILITY FOR DAMAGES FROM ANY CAUSE OF ACTION WHATSOEVER RELATING TO FORAY TECHNOLOGIES' AGREEMENT TO PROVIDE SERVICES HEREUNDER SHALL BE LIMITED TO THK A MOUNT PAID BY CLIENT FOR SUCH SERVICES. •January 25 , 2010 Page 3 Law Enforcement Digital Photo Lab System Contract Number 127103 8, DATA LOSS It is the client's sole' responsibility to perform and verify complete systenrprograw and data file backups and under no circumstances will Foray Technologies thereof be responsible or liable for any real or calculated losses the client inay suffer due to drive or media failure. Should it become necessary 'to reconstruct data to failed equipment, Foray Technologies shall do so at client's request and will charge the client in accordance with Foray Technologies' time and materials rates then in effect, including overtime rates if applicable. 9, ATTORNEYS' FEES, LAW, VENUE The client shall pay all costs and expenses relating to the enforcement or preservation of Foray Technologies' rights including attorneys' fees.' These terms shall be construed and enforced in accordance with the laws of the State of California. The parties agree that all disputes or other matters pertaining to the enforcement or interpretation of any provision or arising from any other aspect created hereby shall be submitted for resolution to the California State Superior Cot rt irk San Diego County, California. 10. GENERAL These terms will becoine effective only after execution by the client and acceptance by Foray Technologies. No other form of acceptance, verbal or written, will be valid or binding on Foray Technologies. This constitutes the entire agreement .between the client and Foray Technologies with respect to the provisions of these terms. Only an officer or director of Foray Technologies by written agreement has the power and authority to amend the terms in which Foray Technologies will supply coverage. 11, NOTICES All notices required under this agreement will be in writing and mailed or delivered to the client at the client's billing address shown in this agreement and to Foray Technologies at its office address indicated on the invoices submitted by Foray Technologies to the client. 12. DELAYS Foray Teolmologies shall not be liable for delays in performance or failures to peifoini its obligations under this agreement caused by circumstances beyond its control including, but not limited to, delays or failure to perform caused by work stoppages, delays or losses in shipping, bad -weather, import and other governmental restrictions, accidents, and delays or failure to perform by its suppliers. 13. ENTIRE AGREEMENT This agreement shall constitute the entire agreement between the client and Foray Technologies for the subject matter hereof, irrespective of inconsistent or additional terms and conditions in the client's purchase orders or other documents submitted to Foray Technologies. Accept as otherwise provided' herein, this agreement may be amended only by written instrument executed byboth parties. January 25 2010 Page4 Law enforcement Digital Photo Lab System Contract Number 127103 TII1+,SE TERMS AND CONDITIONS CONSTITUTE A SERVICE CONTRACT AND NOT A PRODUCT WARRANTY. THE SOFTWARE AND ALL MATERIALS RELATED TO TIDE' SOFTWARE' •ARE SUBJECT EXCLUSIVELY TO TAT, WARRANTIES SET FORTH EST THE SOFTWARE LICENSE AGREEMENT. THIS AGREEMENT IS A PART OF THE SOFTWARE LICENSE AGREEMENT AND DOES NOT CHANGE OR. SUPERSEDE ANY TERM OF Tm LICENSE AGREEMENT. TIES AGREEMENT is dated and effective on the date or dates as set forth above. Fora. LLC dba Fora ;Technologies: 3 911 56 Avenue, Suit i3 00 San Diego,' CA 92 TCityofM 444 S.W. Miami, FL Signature: _:t,_,✓' /i%f'/L�r/✓'%�r"S Signature: muici•al cor•oration 10th Floor .Printed Na : David L. Witzke Printed Name: Pedro G. Hernandez Title: Vice President, Program Management Title: City MmnagPr Remit Address: Foray Technologies 39115th Ave, Suite 300 San Diego, CA 92103 (619)858-1360 (619)858-1366 (Fax) ATTEST: Ja /1 /'Priscilla A. APPROVED AS TO FORM AND COR CTNESS: APPROVED AS Julie 0•. Bru CKv�1 LeeAnn Breh City Attorney isk Management D'rector. pson, City Clerk S RANCE REQUIREMENTS: January 25 20 10 Page 5 Law Enforcement Digital Photo Lab System Contract Number 127103