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HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA TO : FROM : INTER -OFFICE MEMORANDUM Emilio T. Gonzalez, Ph.D. City Manager Ann,e''Perez, CPPO Director of Procurement RECOMMENDATION: DATE : SUBJECT: October 17, 2018 FILE : Recommendation of Award for Pre -Qualified Pool for Latent Print Examiner Services REFERENCES :I nvitation for Bid (IFB) No. 854384 ENCLOSURES: Based on the findings below, the Procurement Department ("Procurement") hereby recommends award of IFB No. 854384 to multiple bidders for the provision of latent print examiner services for the Police Department ("Police"), by group, on an as needed basis as follows: Group I, Certified Latent Print Examiner to Jason G. Jardine, and Group II, Non -Certified Latent Print Examiner to Phillip Womack, the responsive and responsible bidders who have met the requirements, per bid specifications. The awarded vendors, contract terms, and amount are shown below. Contract Number/Title: IFB No. 854384, Pre -Qualified Pool for Latent Print Examiner Services. Contract Amount: $150,000 annually, (Approximately, $1,350,000 for a total of nine (9) years in the aggregate). Contract Term: Initial term of three (3) years, with the option to renew for two (2) additional three (3) year periods. Recommended Vendors: Group I, Certified Latent Print Examiner to Jason G. Jardine and Group II, Non -Certified Latent Print Examiner to Phillip Womack. BACKGROUND: On August 14, 2018 Procurement issued IFB No. 854384, under full and open competition. As required by the Procurement Code, the IFB was advertised and issued online. On September 5, 2018 at bid closing two (2) bids were received. The bids were evaluated following the guidelines published in the bid. Jason G. Jardine for Group I, Certified Latent Print Examiner, and Phillip Womack for Group II, Non -Certified Latent Print Examiner, were the apparent responsive and responsible bidders. Consequently, approval of this recommendation to award is requested. Your signature below will indicate approva.of'Nii tecommeplation Approved: Emil T. Gonzalez, Pbf°,D., City Manager cc: Joseph F. Napoli, Deputy City Manager, Sandra Bridgeman, Assistant City Manager, Chief Financial Officer Jorge R. Colina, Chief of Police, Police Department Yadissa A. Calderon CPPB, Assistant Director, Procurement Date: / PR18155 IFB 854384 Pre -Qualified Pool for Latent Print Examiner Services REQUIREMENTS Group I- Certified Latent Print Examiner Group II -Non -Certified Latent Print Examiner Bidders Jason G. Jardine Phillip Womack Completed Certification Statement Yes Yes Completed Certifications Form Yes Yes Current Business Tax Receipt / Occupational License N/A N/A Performed Services for at least 5 years Yes N/A Performed Services for at least 7 years N/A Yes Has Latent Print Examiner Certification from the International Association of Identification Yes N/A Has two (2) recommendation letters Yes Yes Hasa Resume Yes Yes References Yes Yes Acknowledged Addendums Yes Yes Local Office Form Completed No No Local Office Confirmed N/A N/A Cure Items Responsive and Responsible Cure items Responsive and Reponsible Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: PROPOSER NAME \\\ % C7 k, ADDRESS:Vbt 'SLAD q,?j PHONE: 3(DS3., ta.00 EMAIL :CA St)vhtAc FAX AA .tit e j CELL(Optional): SIGNED BY. 1_ TITLE: L 'e� DATE. S 1-S' FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISOUALIFY THIS RESPONSE. Page 2 of 35 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Federal Employer Identification Number (FEIN) Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/ Occupational License Number: Business Tax Receipt/ Occupational License Issuing Agency: Business Tax Receipt/ Occupational License Expiration Date: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/17). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: R.12(Ac >-2ac,\.) Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: i G �. 12 �. !J , l rku6v' i l l . ?a r' Reference No. 1: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. 1: Date of Contract or Sale for above referenced no. 1 Page 3 of 35 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: oknost.c 5ev.u'\.5)If C. Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: [O tbo (,� .( Pe (2(9 e 1 tqes . 3 30 Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 1.1•R 6 6e.1es-463~cl--0(4o Reference No. 2: Date of Contract or Sale for above referenced no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: +ots s ; \-\ Reference No. 3: Address, City, State, and Zip for above referenced c mpany/agency listed: \lem•ue. V A.AeA \-\ 33o5 Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Reference No. 3: Date of Contract or Sale for above referenced no. 3 Page 4 of 35 Line: 1 Description: Should Bidder wish to submit their response online, please enter $0.001 in the unit price of this line item. Line: 1.1 Description: Latent Print Examiner Category: 99041-00 Unit of Measure: Each Unit Price: $ ,3D Number of Units: 1 Total: $ CYO Page 5 of 35 ELZNER (ACE) tROWN Fingerprint Consultant 717 Baytree Dr. Titusville, FL 32780 TeL (320 268-9119 CeiIL (321) 69S-6912 August, 2018 To whom it may concern: Reference letter regarding Phillip Womack: I. have kneywn and worked with Mr. Womack tbr over 'nventy years (20) as an .Employee and Supervisor. b each of positions M.L. Womack has always displayed. an outstanding and professional attitude, with employees and supervisors. His 'work ethics have always been above par and always ready and willing to assist others. It has, been a. honor and pleasure tbo be. associated with Mr. Womack in the Late.nt and Fingerprint Idelitification Field. I also took fOrward to keeping this respectful relationship with Mr. Womack in the fliture. rown. From: James Del Valle James@jdvforensics.com Subject letter of recommendation James Del Valle August 22, 2018 JDVForensic Services inc. (855) 453 8466 To Whom it my concern: I am writing this letter on the behalf of Mr. Phillip Womack and the purpose of this letter is to recommend Mr. Womack for the position of, Contractual Latent Print Examiner for the City of Miami. I have known Mr. Womack for approximately ten years. I know him to be a honest and respected colleague. Phil's work ethic is beyond reproach. He is knowledgable and understands the tasks at hand. 4 He successfully completes assignments in a professional manner with positive results. Mr. Womack is a team player and leader and gets along with his coworkers . It is my pleasure to recommend and endorse Mr. Womack eipfrop-5/21,4, ectfully, James Del Valle Preident/CEO August 23rd, 201E Re: Recommendation TO WHOM IT MAY CONCERN: By this means I am informing you that I personally know LPE Philip Womack for more than twenty years. He is a person of good character, honest, hard-working and most of all of Christian belief. I have no doubt in my mind that if giving the opportunity, LPE Womack will fulfill his duties with the highest of integrity and great professionalism. Thanking you for your time and attention to the above, i remain, itus M. Smith Lead Latent Print Examiner Hialeah Police Department Mobile tel. # (305) 469-1711 MIAM BEACH CRIMINAL INVESTIGATIONS UNIT JC Pedroso Crime Scene, Unit Supervisor 1100 Washington Avenue Miami Beach, FL 33139 To Whom It May Concern, August 24, 2018 I am writing this letter of recommendation on the behalf of Phillip A. Womack. I have supervised Mr. Womack for the past 10 years as the Senior Latent Print Examiner for the Department. I credit the success of the Unit to Mr. Womack's training, experience and professionalism. As his supervisor I have observed Mr. Womack daily work ethic that consistently leads to identifications and successful adjudications. Mr. Womack embodies the definition of a great Latent Print Examiner practitioner and is a true asset to the Miami Beach Police Department, our Latent Unit, and forensic science community. It is my pleasure to recommend and endorse Mr. Womack's opportunity to join your organization. JC Pedroso Crime Scene/Unit, upervisor Miami Beach Polic Department Phone: (30)335-6681 JuanPedroso@miaiiibeachfl.gov MIAMIBEACH CRIMINAL INVESTIGATIONS UNIT Lenett Y. Holbrook C.L.P.E. 1100 Washington Avenue Miami Beach, FL 33139 To Whom it may concern, August 17, 2018 I am writing this letter of recommendation on the behalf of Senior Latent Print Examiner Phillip A. Womack. I have known Mr. Womack for the past 10 years and was extremely fortunate to have him train me in all aspects of Latent Print Examination and oversee my 3 years apprenticeship. I credit all my knowledge and success as a Latent Print Examiner to Mr. Womack's training program, guidance and experience. While being trained, and working alongside Mr. Womack, I can attest to his professionalism, integrity and dedication to not only his job, but to the science of Latent Print Examination. Mr. Womack is a highly valued member of the Miami Beach Police Department and its Latent Print Unit and is highly regarded for his work product, experience, knowledge and attention to detail in all aspects of his job. I am confident that Mr. Womack will be a great asset to any institution or organization he joins. � v Le sett Y. Holbrook C.L.P.E. Certified Latent Print Examiner Miami Beach Police Department Phone: (305)987-6500 LenettHolbrook@miamibeachfl.gov ® Form (City of Miami substituew-9Form) for Tax a er RequestTaxpayer identification Number and Certification Completed form should be sent to: Purchasing@miamigoi Print or type See Specific Instructions on page 2. TIN on page 3. Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. or Employer identification number `Pa t.g. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. .com Sign Here Signature of U.S. person rr Iu �/ General instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) is at www.irs.gov/fw9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following: • Form 1099-INT (interest earned or paid) • Form 1099-DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) Date ► 5 -�j • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 10231X Form W-9 (Rev. 12-2014) Phillip A. Womack Latent Print Examiner/AFIS Consultant 631 SW 93rd Avenue Pembroke Pines, Florida 33025 Cell (305-333-1200) Email: capswomack@att.net Summary of Qualifications I have more than forty one years of experience in the field of Fingerprint Identification with four major Law Enforcement Agencies. PROFESSIONAL EXPERIENCE Miami Beach Police Department Latent Print Examiner October 6, 2008 — Present Crime Scene Unit Supervisor: Jua Pedroso 305-673-5090 JuanPedroso@miamibeachfl.gov Currently a Latent Print Examiner with the Department. Major responsibilities include ensuring that all latent fingerprint crime scene evidence received are analyzed, compared, evaluated, and verified (ACE-V) in a timely manner. Training of current Latent Print Examiners. Provide training of the MorphoTrak AFIS System to latent examiners. Prepare and compile various statistical reports for the Unit. Testify in local and state courts of law as required by subpoena regarding fingerprint identification matters. City of Miami Police Department Latent Print Examiner March 17, 2014 — February 17, 2017 Latent Print Examiner with the Department. Major responsibilities included ensuring that all latent fingerprint crime scene evidence received are analyzed, compared, evaluated, and verified (ACE-V) in a timely manner. Testify in local and state courts of law as required by subpoena regarding fingerprint identification matters. Miami -Dade Police Department Fingerprint Supervisor (honorably retired) October 11, 2002 — September 19, 2008 Latent Print Unit Supervised the Latent Unit of the Fingerprint Identification Section, which consisted of fourteen Latent Print Examiners. Major responsibilities included ensuring that latent finger print evidence received were analyzed, compared, evaluated, and verified (ACE-V) in a timely manner. Prepared and manage staff schedules, special assignments, training of new examiners, and compiled various statistical reports for the Unit. Communicated with MDPD Homicide, Robbery, Sexual Battery, District Stations, Dade County Municipalities, Broward County Sheriff Office and Municipalities, Florida Department of Law Enforcement, Federal Government Agencies, and Motorola, regarding latent print evidence and workflow procedures. Provided training of the 1 Bioretric Identification System (BIS) to MDPD latent examiners, City of Miami Police, Hialeah Police, and Miami Beach Police Latent Print examiners. Tracking of latent evidence received through the Property and Evidence Tracking System (PETS). Rated the performance of employees by preparing annual evaluations. Testified in local and state courts of law as required by subpoena regarding fingerprint identification matters. Miami -Dade Police Department Fingerprint Supervisor June 2, 1998 — October 10, 2002 Master File and AFIS Unit Supervised the Master File/AFIS Unit of the Fingerprint Identification Section, which consisted of twenty-nine Fingerprint Analyst 1 positions, four Fingerprint Analyst 2 positions, and three clerical positions. Major responsibilities included monitoring the quantity and quality of work for the Fingerprint Identification Section and ensuring the efficiency and accuracy of work received in the Section. Prepared and managed staff schedules, special assignments and compiled various statistical reports for the Section. Monitored the overall operation of the AFIS 2000 System. Communicated with Central Records Bureau, Florida Department of Law Enforcement, Printrak International, and the Juvenile Assessment Center regarding workflow procedures. Rated the performance of employees by preparing annual evaluations. Miami -Dade Police Department Fingerprint Analyst 2 August 1996 - June 1, 1998 Master File Unit Supervised the day shift Fingerprint Analyst 1 position. Major responsibilities included monitoring the quantity and quality of work product for day shift, and ensured the efficiency and accuracy of work received in the Fingerprint Identification Section. Prepared and managed staff schedules and special assignments; evaluated latent prints and compile various statistical reports for section. Coordinated staff activities and overall operation of the AFIS 2000 System for the day shift. Communicated with Central Records Bureau and Juvenile Assessment Center regarding workflow procedures. Rated the performance of employees by preparing annual evaluations. In addition, received training to become a Latent Print Examiner. Miami -Dade Police Department Fingerprint Analyst 1 May 1981 - August 1996 Master File Unit Responsible for the accurate and detailed processing of the finger and palmprints of adult and juvenile prisoners, cadavers, and victims. Classified fingerprints and record data according to prescribe formulas and standard fingerprint classification. Performed file searches to find specific fingerprints and conduct comparisons. Cooperated and interacted with other law enforcement agencies, in exchanging identification information. Perform computer data entries from the Criminal Justice Information System. Processed vehicles for physical evidence. Assisted in the recovery and positive identification of person's fallen victim to man made or natural disasters. Maintained accuracy of files using AFIS System. Processed fingerprint and other tenprint cards through AFIS for prior fingerprint records. 2 Federal Bureau of Investigation (FBI) Fingerprint Examiner August 1977 - May 1981 Fingerprint Technical Section Performed procedures involved in the identification of all fingerprints received within the Federal Bureau Investigation Fingerprint Technical Section. These fingerprints were received from all state and local police municipalities. Duties included; classifying and searching of all fingerprints received using a prescribed formula. United States Army November 1974 - November 1976 Infantry - Machine Gunner Education Associate of Arts Degree (Criminal Justice) Miami -Dade College Professional Memberships International Association for Identification (IAI) Florida Division of the International Association for Identification (FDIAI) Training Federal Bureau of Investigations (FBI) Basic and Advanced Fingerprint Training Class Basic and Advanced Latent Fingerprint Techniques Evaluation & Comparison of Latent Prints Complex Latent Print Workshop Palm Print Techniques Courtroom Testimony AFIS 2000 System Administrator Training Crime Scene Investigations 1 & 2 Mass Disaster Crime Scenes Managing Property & Evidence Numerous MorphoTrak System Training and Educational Conferences ACE-V Documentation and NAS Report Round Table Discussion Florida Division FDIAI Conference (2011) Preparing for the IAI Latent Print Certification Workshop Advanced Palm Print Training Florida Division FDIAI Conference (2016) Commendations Letter of Commendation from Miami Beach Police (January through February 2018) Letter of Commendation from Miami Beach Police (April 2017) Letter of Commendation from Florida Department of Law Enforcement (FDLE) 2016 Letter of Commendation from Miami Beach Police (February through May 2014) 3 Letter of Commendation from Miami Beach Police (November 2012) Letter of Commendation from Florida Department of Law Enforcement (FDLE) (June 2016) Miami Beach Civilian Employee of the Month (May 2011) Letter of Commendation from Surfside Police Department (July 2011) Letter of Commendation from Surfside Police Department (October 2010) Letter of Commendation from Miami Beach Police (March 2009) Letter of Commendation from Miami Beach Police (March 2009) Numerous Letters of Commendation from Miami -Dade Police Department 4 SOureirig Navig@tor Favorites Home Logout Pmhaen000 Help OiagnmaUou rRaqubiti~-.l� 7 .°.Negotiations".Intelligence. Negotiations > AdvonoedSaamh / Quote History (RFOB54384) ` Quote: 248%384(RFC\8S4%8/U Time Left Quote Style Quote Currency Contact Suppliers' Quote Number Quote Status Note to Buyer Name Jason Jardine Jason Jardine Attachments �Requirements Actions k]nineDiaoussions Invitation for Bid Pre WUa|ificaUon Pool for Latent Print Examiner Services Osecmnds Blind USD Jardine, Jason N/A Active N/A ITitle Update Delete DQCerti0cadnn ------------' Close Date Ranking Supplier Supplier Site Quote Valid Until Purchase Order Short|istStatua I 2O18AocomodabonAward Bachelor ofScience - Jason Jardine Jardine CV 05'Sep'301814:00.�00 Price Only Jason G. Jardine 30-Sepr2019 Included `Gm Show All Details I HideAUDet |b Details Section Maximum Score Score Hide General Requirements Target 'Maximum Value Quote Value Score Score Legal Name ofFirm: Jason Gabriel Jardine � � _-- .-^-'_^.- ~'"^^'-. _-.- -^_~'^'_^.- Entity Type: Partnership, Ind��dua|,3o�Propr�tord�i� �Sole Proprietorship, | / .Corporation etc � .Year Established: I016 � Federal Employer N/A Identification Number (FEIN) Office Location: City of City ofMiami Police Department Miami, Miami -Dade County, or Other --' Business Tax Receipt/ N/A Occupational License Number; '------ Business Tax Receipt/ N/A 6Un }.rh/oroide.00zgov.uet:8003/(]A sp?(lAFuoc=P(}NRESEW.. 9/5/2018 Quote: 2492364 (RFQ 854384) Page 3 of 3 City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Reference No. 3: Date of Contract or Sale for above referenced no. 3 Total Contract Terms Variables N/A N/A Details Section Clause Variable Description Value No variables found. Deliverables Deliverable Name No deliverables found. Lines Due Date TIP All prices are in USD. Quote Total (USD) 0.00 Show All Details I Hide All Details Status Alert Update Need Start Target Quote Target Quote By Promised Line Active Details Line Ship -To Price Price Price Unit Quantity Quantity Date Date Total Quotes LE Show 1r--4 Should 261000 - 0,00 1 Bidder wish to Purchasing submit their response online, please enter $0.001 in the unit price of this line item. Show 1.1 Latent 261000 - Print Examiner Purchasing Return to Quote History (RFQ 854384) 0.001 Each 1 1 01-Oct- 0.001 2018 09:47:03 Actions 'Online Discussions v Requisitions Negotiations Intelligence Horne Logout Preferences Help Diagnostics About this Page Privacy Staternent Copyright (c) 2006. Oracle. AN rights reserved. http://imapl.riverside.cmgov.net:8003/0A_HTML/OA.jsp?0AFune----PONRESENQ_VIEW... 9/5/2018 International Association for Identification This cetiVies that Jason G,Jardine is declared qualified by th'e Latei International Assf:4a Certified And is entitled to all the14,1gIit andpriv a ,614(k O"betow. ecretary of the Board lat Certification Board of the dcntification as a Examiner • !!_k,-T, ;-•f4: ithin the power of this 04/30/2020 Certification Number Expiration Date CURRICULUM VITAE Name of Laboratory: Broward County Sheriffs Office Crime Laboratory Name: Jason Gabriel Jardine Discipline(s): Latent Fingerprints, Firearms (Operability Testing) Education: Updated: 29 August 2018 Job Title: Criminalist III — Latent Prints Institution Graduated Major Degree Completed -a; Michigan State University 1995 Forensic Science Bachelor of Science Forensic Training: • Impression, Pattern, and Trace Evidence Symposium, Arlington, VA, 1/22 — 1/25/2018, 32 hours. o Foundations of the Interpretation of Pattern and Trace Evidence (Source and Activity level) Workshop, 8 hours. o Probabilities and Likelihood Ratios in Pattern Evidence Evaluation Workshop, 8 hours. • Digital Image Enhancement — Extending Your Reach, Cooper City, FL 12/5 — 12/8/2017, 32 hours. • Finding Latent Print Evidence with Chemistry and Light, Davie, FL 12/12 — 12/15/2017, 32 hours. • 58th Florida Division of International Association for Identification Annual Training Conference, Panama City, FL 10/23 - 10/26/2017, 32 hours. • ANAB [SO/IEC 17025 Forensic Assessor Training Course, Ft. Lauderdale, FL 9/25 - 9/29/2017, 40 hours. • l02'th International Association for Identification International Educational Conference, Atlanta, GA 8/6/17 — 8/12/17, 40 hours. o Orientation Clues: Search Easy Before You Search Hard, 2.5 hours. o Making Optimal Decisions in Identifications and Exclusions — A Scientific Approach, 4 hours. o Creating Composite Images with Adobe Photoshop and Bridge, 2 hours. o Latent Print Training Programs — Building Your Lab's Future, 4 hours. • Fingerprint Evidence Processing for Examiners, Davie, FL, 7/17-7/21/2017, 40 hours. • Forensic Photography and IAI Certification Course, West Palm Beach, FL, 9/26-9/30/2016, 40 hours. • BSO Latent Print Examiner Refresher Course, Ft. Lauderdale, FL, 8/29-9/2/2016, 40 hours. • An Introduction to Statistical Thinking for Forensic Practioners, PBSO, West Palm Beach, FL 3/3/2016, 8 hours. • 100th International Association for Identification International Educational Conference, Sacramento, CA 8/2/15 — 8/8/15, 40 hours. o Latent Print Testimony Workshop: How to be Transparent without Feeling Naked. 4 hours o Fingerprint Comparison Workshop: Is there anything wrong with the probabilistic approach? 2.5 hours o Photoshop Workshop: Level III. 2 hours • Digital Processing of Evidentiary Photography, WVU, Morgantown, WV, July 13-16, 2015, 32 hours. • Certificate of Training: AFIS Calibration, Entry, Search, and Verification, Broward Sheriffs Office 6/12/2015 • Morphotrak Latent Workstation Training , Ft. Lauderdale, FL, 5/15/15 & 5/18/15, 16 hours. • ASCLD/LAB — International Internal Auditor Training Course, Ft. Lauderdale, FL, 3/16/15 — 3/19/15, 32 hours. • The Emperor's New Clothes: A Guide to Latent Print Testimony, RTI International/Online, 9/9/14, 1 hour. • 99th International Association for Identification International Educational Conference, Minneapolis, MN 8/10/14 — 8/16/14, 40 hours. o Crease and Third Level Ridge Details Workshop, 4 hours o The Fundamentals of Processing of Digital Evidentiary Photography, 4 hours Understanding Exclusion and Sufficiency Decisions, Ft. Lauderdale, FL, 6/26/14 - 6/29/14, 32 hours. • 2014 Morphotrak User's Conference, Costa Mesa, CA, 5/4/14 - 5/8/14, 32 hours. • Detection of Forged and Fabricated Latent Prints Workshop, Ft. Lauderdale, FL, 4/10/14-4/11/14, 16 hours. • Conflict Management, Broward County Sheriff's Office Training Unit, Ft. Lauderdale, FL, 3/27/14, 4 hours. • Making the Transition: A Supervisor's Perspective, Broward County Sheriff's Office Training Unit, Ft. Lauderdale, FL, 3/20/14, 8 hours. • Team Leadership, Broward County Sheriff's Office Training Unit, Ft. Lauderdale, FL, 3/14/14, 4 hours. • Comparison of Plantar Friction Ridge Impressions, Fort Lauderdale, FL 12/2/13 - 12/3/13, 16 hours. • Leaders without Titles, Broward County Sheriff's Office Training Unit, 10/23/13, 4 hours. • 98th International Association for Identification International Educational Conference, Providence, RI 8/4/13 — 8/9/13, 40 hours. o Investigating the Concept of Sufficiency in Latent Print Examination Workshop, 4 hours • Advanced ACE-V Applications for Fingerprint Examiners, Fort Lauderdale, FL 12/3/12 - 12/7/12, 40 hours. • 2012 Fall Continuing Education for Forensic Professionals Program, Nashville, TN. o Bloodstain Pattern Analysis, 10/8/12-10/12/12, 40 hours. • NIJ Impression and Pattern Evidence Symposium, 8/6/12 — 8/9/12, Clearwater Beach, FL, 32 hours. • 2012 Spring Continuing Education for Forensic Professionals Program, Savannah, GA, 40 hours. o Scientific Analysis: Applying ACE-V and Daubert to Testimony, 6/4/12 — 6/6/12, 24 hours. Page 2 of 4 o Universal Latent Workstation (ULW) Software, 6/7/12 - 6/8/12, 16 hours • Joint -Annual FDIAI/GDIAI Education Conference, Panama City, FL, 10/24/11-10/27/11, 32 hours. • Analysis of Distortion in Latent Prints, Fort Lauderdale, FL, 6/2/11 - 6/3/11, 16 hours. • Working Ethics for BSO Civilians, 12/7/10, Online Training, 1 hour. • NIJ Impression and Pattern Evidence Symposium, 7/2/10 - 7/5/10, Clearwater Beach, FL, 32 hours. • 94'" International Association for Identification International Education Conference, Tampa, FL 8/16/09 - 8/22/09, 40 hours. o Analysis of Distortion in Latent Prints Workshop, 2 hours o Latent Print Daubert Testimony Workshop, 8 hours. • Complex Latent Print Examination, Tamarac, FL, 4/20/09 - 4/24/09, 40 hours. • Broward County Sheriffs Office Training in Latent Print Examination, Ft. Lauderdale, completed 4/3/2009. • Broward County Sheriff's Office Training in AFIS Entry, Search, & Verification, Ft. Lauderdale, completed 2/20/2009. • Time Managetent & Organizational Skills, Coral Springs, FL, 7/24/08, 8 hours. • Digital Asset Management, Gold Coast Forensic Assoc., W. Palm Beach, FL, 2/19/08, 2 hours. • Annual FDIAI Educational Conference, Ft. Lauderdale, FL, 10/23/07 -10/24/07, 16 hours. • Lockerbie Scotland Air Disaster, Gold Coast Forensic Assoc., W. Palm Beach, FL, 7/10/07, 2 hours. • FBI Fingerprint Classification, W. Palm Beach, FL, 1/23/06-1/27/06, 40 hours. • Joint -Annual FDIAI/GDIAI Education Conference, Panama City, FL, 11/6/05 - 11/11/05, 40 hours. • What the Investigator Needs to Know About Prescription Drugs, Gold Coast Forensic Assoc., W. Palm Beach, FL 9/20/05, 2 hours. • Mastering the Basics of Microsoft Excel, Coral Springs, FL, 7/19/05, 8 hours. • Sexual Predators and Offenders, Gold Coast Forensic Assoc., W. Palm Beach, FL, 5/24/05, 2 hours. • Forensic Odontology, Gold Coast Forensic Assoc., W. Palm Beach, FL, 3/1/05, 2 hours. • Ridgeology Science Workshop, W. Palm Beach, FL, W. Palm Beach, FL, 1/31/05 - 2/4/05, 40 hours. • Demystifying Palmprints, Coral Springs, FL, 11/30/04 - 12/4/04, 24 hours. • Nikon School of Photography, Dearborn, MI, 8 hours. • Advanced Homicide Investigation, Minneapolis, MN, 9/12/99 - 9/16/99, 40 hours. • FBI Police Photography School, Quantico, VA, 7/21/99 - 8/2/99, 80 hours. • Forensic Imaging (Intermediate Level), St. Paul, MN, 3/18/99 - 3/18/99, 16 hours. • Hennepin County Medical Examiner's Forensic Science Seminar, 10/1/98 - 10/2/98, 16 hours. • MDIAI Fall Educational Conference, Bloomington, MN, 9/24/98 - 9/25/98, 16 hours. • Advanced Forensic Fingerprint Identifications and Testimony Course, Duluth, MN, 5/4/98 - 5/8/98. • Northwestern University Crime Scene Technology Workshop II, Evanston, IL, 4/27/98 - 5/1/98. • Kodak Three -Day Crime Scene Imaging Workshop, Milwaukee, WI, 11/4/97 - 11/6/97. Firearms Training • BSO Certificate of Training: NIBIN Correlation Training - December 2017 • Beretta Armorer's Course, Fort Lauderdale, FL 4/12/2017, 8 hours. • Dept. of Justice ATF Basic Correlation Review Training, Huntsville, AL 3/7/2017 - 3/16/2017 - 64 hours. • 47'r' Association of Firearm and Toolmark Examiners Annual Training Seminar, New Orleans, LA 5/29/16 - 6/3/2016, 40 hours. o Handgun Function and Repair Workshop, 6/3/2016, 8 hours • Glock Armorer's Course, Lake Worth, FL 9/22/15, 8 hours. • BSO Certificate of Training: Firearms Operability Testing & NIBIN - April 2015 • 6t1' Annual S. Florida Firearm & Toolmark Discipline Meeting, Cooper City, FL, 3/5/15, 8 hours. • IBIS BrassTrax Cartridge Case Acquisition, 10/6/14 - 10/8/14, 24 hours. Safety Training: • Hands Only CPR, re -certification, BSO Training Division, Fort Lauderdale, FL 3/2/2018, 3 hours. • Bloodborne Pathogen Awareness on WebNetTraining.com, Fort Lauderdale, FL, 11/15/2017, I hour. • Bloodborne Pathogen Awareness on WebNetTraining.com, Fort Lauderdale, FL, 12/2/2016, 1 hour. • CPR/AED, Adult/Infant CPR re -certification, BSO Training Division, Fort Lauderdale, FL 3/4/2016, 3 hours. Page 3 of 4 • Bloodborne Pathogen Awareness on WebNetTraining.com, Fort Lauderdale, FL, 1 1/3/2015, 1 hour. • BSO Laboratory Safety Refresher and Respiratory Protection Workshop, Ft. Lauderdale, FL, 9/14/2015, 8 hours. • FEMA — IS-00100.b Introduction to Incident Command System, online, 4/9/2015, 3 hours. • FEMA — IS-00700.a National Incident Management System (NIMS) an Introduction, online, 4/10/2015, 3 hours. • FEMA — IS-00800.b National Response Framework, online, 4/13/15, 3 hours. • 2013 Airborne and Bloodborne Pathogens In -Service, BSO Training Unit, 9/13/13, 2 hours. • 2012 DOD In -Service Air & Bloodborne Pathogens Training, online, 10/24/2012, 1 hour. • FEMA — IS-00546.12 Continuity of Operations Awareness Course, online, 6/12/12, 2 hours. • CPR/AED, Adult/Infant CPR re -certification, BSO Training Division, Fort Lauderdale, FL 2/21/12 3 hours. • Bloodborne Pathogens for Civilians, 12/13/2010, Online Training, 2 hours. • BSO CPR/AED & Bloodborne Pathogens Certification, Ft. Lauderdale, 11/10/09, 4 hours. • BSO Crime Laboratory Staff New -Hire Safety Seminar (Midwest Chemical Safety), Fort Lauderdale, FL 3/13/09, 2 hours. • FEMA — IS00200 ICS for Single Resources and Initial Action Incidents, online, 6/29/06, 2 hours. • FEMA — IS-00700 National Incident Management System (NIMS) an Introduction, online, 5/31/05, 2 hours. Clandestine Methamphetamine Laboratory Training, Eagan, MN, 4/14/99, 8 hours. Courtroom Experience: • Qualified as an expert witness in the area of latent prints in the Circuit Courts of Fort Lauderdale, Florida. • Qualified as an expert witness in the area of latent prints in the Circuit Courts of Miami, Florida. • Qualified as an expert witness in the area of crime scene investigation in the District Courts of Hennepin County, Minnesota. Professional Affiliations: • International Association for Identification (IAI) - Member • Florida Division International Association for Identification (FDIAI) - Member Certifications: Certified Latent Print Examiner, International Association for Identification (#09-90), 4/30/2010 Certified Latent Print Examiner, International Association for Identification (Recertified on 4/30/2015) • FCIC/NCIC Limited Access Certification/Recertification, online, 8/19/2016, 2 hours. (G) • FCIC/NCIC Limited Access Certification/Recertification, online, 8/7/2014, 2 hours. (G) • FCIC/NCIC Limited Access Certification/Recertification, online, 6/2/2012, 2 hours. (G) • FCIC/NCIC Certification/Recertification, online, 6/24/2009, 2 hours. (G) Law Enforcement Employment History: Job Title: Criminalist III (09/2017 — present) Employer: Broward County Sheriffs Office Principal Duties: Responsible for the analysis, comparison and identification of latent print evidence, independent verification of other examiner analysis, operation of Automated Fingerprint and Palmprint Identification Systems (AFIS), and provide expert court testimony in all areas of latent print identification. Contemporaneously document analyses in Starlims, generate accurate written reports describing analytical findings, and participate in training new Criminalists in Latent Prints. Job Title: Senior Latent Print Examiner (09/2012 — 09/2017) Employer: Broward County Sheriffs Office Principal Duties: Responsible for the analysis, comparison and identification of latent print evidence, independent verification of other examiner analysis, operation of Automated Fingerprint and Palmprint Identification Systems (AFIS), and provide expert court testimony in all areas of latent print identification. Generate written reports describing analytical findings and participate in training new Latent Print Examiners. Job Title: Latent Print Examiner (01/2009 — 09/2012) Employer: Broward County Sheriffs Office Principal Duties: Responsible for the analysis, comparison and identification of latent print evidence, independent verification of other examiner analysis, operation of Automated Fingerprint and Palmprint Identification Systems (AFIS), and provide expert court testimony in all areas of latent print identification. Generate written reports describing analytical findings and participate in training new Latent Print Examiners. Page 4 of 4 Job Title: Contract Latent Print Examiner (3/2015 — present) Employer: City of Miami Police Department Principal Duties: Responsible for the operation of Automated Fingerprint and Palmprint Identification Systems (AFIS) and analysis, comparison and identification of latent print evidence. Provide digital imaging assistance as needed. Job Title: Independent Contractor (4/2010 — 7/2012) Employer: Ron Smith and Associates, Inc. Principal Duties: Participate in a study conducted by the National Institute for Standards and Technology and the Federal Bureau of Investigation to determine optimal compression ratios for the next generation of the International Automated Fingerprint Identification System. Job Title: Latent Print Examiner (10/2003 — 12/2008) Employer: Coral Springs Police Department Principal Duties: Responsible for the analysis, comparison and identification of latent print evidence; operation of AFIS. Generate written reports describing analysis results. Provide expert court testimony in all areas of latent print identification. Provide technical support and training to Crime Scene Technicians and Police Officers. Obtained rolled impressions from victims and suspects as required. Job Title: Forensic Scientist II/I (7/1997-1/2001) Employer: Minneapolis Police Department Principal Duties: Responsible for crime scene examination, documentation and investigation, evidence recognition, collection, and preservation, fingerprinting of live and deceased persons, autopsy photography, processing of evidence, analysis, comparison and identification of latent prints and operation of AFIS. Provide expert court testimony in all areas of crime scene processing, latent print identification and bloodstain pattern analysis. Achievements/Awards: • Broward County Sheriffs Office Exceptional Service Award, October 2015 • Broward County Sheriff's Office Exceptional Service Award, March 2012 • City of Coral Springs Police Department Employee of the Month, August 2008 • City of Coral Springs Unit Citation (Unit of the Year), May 2008 having compfied with and successfuiV completed requltaments and tests as set forth by tire tad rtut olterttitrattou tie ri) of the 3Juttruutiouttl Aosortation for 3btntiftrutton is hereby declared quaff/foci es a rtift b Catgut 1 rtnt xn�t .1 ernattunal. • .00uttttttnn fur Ntentiftration Cato Print C eeftfteafituu is d ®fftrE of )*.errttttrg Chair STEPHEN HOWARD Ontario Provincial Police 777 Memorial Avenue 0rillia, ON L3V 7V3 CANADA Office (705) 320-6976 E-mail Steve.HowardOontario.ca Secretary JAMES E. BUSH Mississippi Crime Laboratory PO Box4450 Meridian, MS 30304 Office (601) 403-5273 Fax (601)483.5278 Email jbush@mcistate.ms.us Board Members ANTHONY L, CLAY United Slates Secret Service Forensic Services Division 950 H Street, N.W. Suite 4200 Washington, DC 20223 Office (202) 406-9205 E-mail anthonv.claveriusss.dhs.aov MA-r 7W T. SCHWARZ Sc i'orenslc Enterprises, Inc, 23 . Dalaware Ave., Suite G, #233 Ankeny, IA 50021 Office (877) 733.0770 E-ma l mattl schwarZftxonsi0.com THOMAS L. SKINNER Dept of Treasury — IRS National Forensic Laboratory 525 W. Von Buren, 4a Floor Chicago, IL 60607 Office (312)553-7016 E•mall thomas.skinner5lici.irs.00v KELLY A SPECKELS Mesa Police Department P. 0. Box 1466 Mesa, AZ 85211-1466 Work (480) 644.4007 E-mail kelly soec)cels@mesaaz.eov ANNE E. STEINMETZ Steinmetz Forensic Services P.O. Box 5371 Perorfa, AZ 85385-5371 Office (823) 451.0623 E-mail anne on ithandassoclates.cgL, March 23, 2015 To: Jason G. Jardine Re: CLPE Recertification Dear Jason, # 09-90 Congratulations on passing your proficiency examination for recertification, Your current certification card is enclosed that bears your next expiration date being April 30, 2020. Carry this card proudly, as you are one of approximately 1020 certified Latent Print Examiners in the world. In planning for your next recertification, please visit the organization's website at www. , th e•i a i .0 rg where you can file your next recertification application on-line. Certified Latent Print Examiners must acquire a minimum of 80 points during the five-year period prior to expiration of their certification. There are no grace periods for submitting applications; therefore, be sure to apply again before your expiration date. If you have any questions, please feel free to contact me or any member of the Latent Print Certification Board. Please keep us informed if you move or change employment status in the future, Best of luck in the future. Sincerely, Jamie Bush 3Juttrnatttu tl . .,, nrtatt. n for ? ii nti C ttttit Print Ttrttftcittnn Aluari (Mitt in of tilt ttrretarg Chair LYLA A. THOMPSON Johnson County Crime Laboratory 6000 Lamar Mission, KS 66202 Home (816) 734.9062 Office (913) 626-3294 E-mail lyla.lhompsonaioc000v.orq Secretary JAMES E. BUSH Mississippi Crime Laboratory PO Box 4450 Meridian, MS 39304 Office (601) 463-5273 Fax (601)463.5278 E-mail (bush((dmcl.state.ms.us Board Members DEBBIE BENNINGFIELD Houston Police Dept(relired) 14090 FM 2920 Ste G-186 Tomball, TX 77377 E- lbennino8eld2(0biun,00m AN IY L. CLAY Uniteu States Secret Servfm Forensic Services Division 950 H Street, M.W. Suite 4200 Washington, DC 20223 Office (202) 406-9206 E-mail enthonv,clav(tiusss.dhs.49v THOMAS L. SKINNER Dept of Treasury— IRS National Forensic Laboratory 29 N. Wacker Drive, Suite 300 Chicago, IL 60606 Office (312)553-7016 Email thomas.skinner(dicl.irs nov KELLY SPECKE;S Mesa Police Dept 130 N. Robson Mesa, AZ 85201 Once (480) 641 4007 E-mail kellv.soeckels6Jimesaaz.gov KASEY WERTHEIM Complete Consultants Worldwide P. 0. Box 87 Bridgeport, WV 26330 Office (304) 933-3162 E-mail kaseywerlheim(thaol.com April 30, 2010 Jason G. Jardine Broward Co. Sheriffs Lab — Latent Unit 201 SE 6th Street, Rm 1799 Fort Lauderdale, FL 33301 Dear Mr. Jardine, ttnon It is with great pleasure that I inform you of your successful completion of the testing for certification. As you are aware, this is not an insignificant accomplishment. Currently, approximately 70% of those who apply for certification have been able to pass all of the requirements for certification. You now have the privilege and responsibility of being an I.A,I, Certified Latent Print Examiner. The Board urges you to be active in the program and to encourage qualified latent print examiners to apply for certification. Also, please discuss the merits of the certification with the legal and judicial fields when possible. Your certification number is # 09-90 with an effective date of April 30, 2010, I have enclosed your certificate and certification card with this letter. Your name, agency, city and state will appear in an upcoming issue of "Identification News." Your certification is due to expire five years from that date. The requirements for re -certification are posted under the "Certifications" tab of the I.A.I. web site, www.theiai,org. Again, congratulations on this accomplishment. Please keep this office up-to-date with any change in employment or residence that may occur in the future. If you have any questions about this program or if I may assist you in any manner, do not hesitate to contact me. Sincerely, !�J Jamie Bush cc: Applicant File Division Certification Committee Editor ) 3( you are interrattil In Scientific 3benitflcnttan, you ghoul?) be a(ftltatsb mitt! the 3ateenatinnal Anea(lattan far 3bentlftcattvu, Macmillan a0 appltcattane niap ubtatneb by rnnlacttug the (fffflre at toe (Mlle( (Operations Milker BSO Training Summary Name: Title: Department: Manager Email: Jason Jardine Criminalist III Crime Lab Claudine Carter Jason Jardine@sheriff.org Healthy Living Tips: Nutrition Hands -Only CPR/AED Emerging Leader: The Unified Team CPR/AED Renewal Wackos, Weirdo's and Wirnps Details of Investment Planning Conflict Management Making the Transition: A Super Team Leadership Leaders without Titles CPR/AED:Adult/Infant CPR Bloodborne Pathogens:Civi Onli Working Ethics for BSO Civilia /1 r,, ." Welcome Jardine, Jason l Course Start Date Course Completion Date Status 6/5/2018 3/2/2018 3/30/2016 3/4/2016 7/17/2014 4/2/2014 3/27/2014 3/20/2014 3/11/2014 10/23/2013 2/21/2012 12/13/2010 12/7/2010 6/5/2018 3/2/2018 3/30/2016 3/4/2016 7/17/2014 4/2/2014 3/27/2014 3/20/2014 3/11/2014 10/23/2013 2/21/2012 12/13/2010 12/7/2010 Sessn Wait Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed BSO Training Summary Name: Title: Department: Manager Email: Jason Jardine Criminalist III Crime Lab Claudine Carter Jason Jardine@sheriff.org sheriff.org Healthy Living Tips: Nutrition Hands -Only CPR/AED Emerging Leader: The Unified Tearn CPR/AED Renewal WackosWeirdo's and Wimps Details of Investment Planning Conflict Management Making the Transition: A Super Team Leadership Leaders without Titles CPR/AED:Adult/infant CPR Bloodborne Pathogens:Civi Onli Working Ethics for BSO Civiiia Welcome .Jardine, Jason l Course Start Date Course Completion Date Status 6/5/2018 3/2/2018 3/30/2016 3/4/2016 7/17/2014 4/2/2014 3/27/2014 3/20/2014 3/11/2014 10/23/2013 2/21/2012 12/13/2010 12/7/2010 6/5/2018 3/2/2018 3/30/2016 3/4/2016 7/17/2014 4/2/2014 3/27/2014 3/20/2014 3/11/2014 10/23/2013 2/21/2012 12/13/2010 12/7/2010 Sessn Wait Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed (J)-tA rig ,c ' Li1.t Sheriff Scott Israel INTERNAL MEMO Date: August 7, 2018 Via: Captain Edward Sileo, CCN 6546 �t Criminal Investigations Division From: Sergeant Jonathan Brown, CCN 11100 Criminal Investigations Division / Homicide Unit Subject. EMPLOYEE OF THE MONTH OF NOMINATION FOR AUGUST 2018 DETECTIVE WALTER FOSTER, CCN 11485 / DETECTIVE JOHN CURCIO, CCN 16048 It is a pleasure for me to bring attention to the investigative actions of Detectives Walter Foster and John Curcio during the homicide investigation into the death of Jahseh Onfroy on June 18, 2018, On this day at around 3:30 PM, the victim Onfroy was shot to death as he exited the Riva Motorsports business at 3671 N. Dixie Hwy, Deerfield Beach. This incident generated National Media Attention due to the fact Onfroy was a well-known musician known as "XXX-Tentacion". Initially, the investigation involved a blue Dodge Journey vehicle and four unknown suspects. On June 19, 2018, Detectives Foster and Curcio obtained video surveillance from the Riva Motor Sports business that depicted the image of two of the four suspects involved with the murder. The identity of these two suspects was not known at this time. Through persistence and dedication, they were able to identify all four subjects involved. Several residential and conveyance search warrants were conducted while under time constraints that resulted in the recovery of crucial evidence in the case. Within twenty four hours, an arrest warrant was obtained and for one of the four subjects. The remaining three subjects were identified shortly. The BSO Crime Scene Unit Detectives Marshall Wolcott and Clint Williams collected evidence that was analyzed by Lab Criminalists Nicole Ihnat and Jennifer Rodriguez that confirmed the identity of two of the suspects. On July 18th, 2018, all four suspects were indicted before a grand jury for first degree murder. This particular case involved coordination with many outside agencies and cooperation with media outlets. Detectives Foster and Curcio displayed a level of persistence and passion for solving the case that was needed in bringing justice for the victim's family. On behalf of the homicide unit, I commend Detective Foster and Detective Curcio for their accomplishment. I further nominate them for Employees of the Month, Cc: HR, Employee File Detective Walt Foster Detective John Curcio COMMENDATION in Appreciation for Your Dedication and Professionalism To the Criminal Investigations Division Broward Sheriff's Office Captain Edward Sileo Given this123. August 2018 of flit r ciente tunf rrreb upon Jan JtriiinE #LTA PEgrEE of 7finclidor of tuna l 3` fn nr2n3ait ,$ci11.c2 4_ 1 n Pr file scat af f r z nth r ifs of 1st if tr ing in 11-T tale of z it -li ,an on f4;i fifth bau of ; u in tile uEar:Nineteen rjAirrtarto and Ninety -fir_ Qi1Orpemon, h` i C? Istmi -4<e,"/„.„ uesi? c.ri of :Ile ? 11Tiver its City of Miami Procurement Department Miami Riverside Center 444 SW 2nd Avenue, 6th Floor Miami, Florida 33130 Web Site Address: www.miamigov_com/procurement Number: Title: Issue Date/Time: Closing Date/Time: Pre-Bid/Pre-Proposal Conference: Pre-Bid/Pre-Proposal Date/Time: Pre-Bid/Pre-Proposal Location: Deadline for Request for Clarification: Contracting Officer: Hard Copy Submittal Location: Contracting Officer E-Mail Address: Contracting Officer Facsimile: 854384 Invitation for Bid Pre -Qualification Pool for Latent Print Examiner Services 14-AUG-2018 09/05/2018 @ 14:00:00 None Monday, August 27, 2018 2:00 pm Giraldo, Victoria City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US VictoriaGiraldo@miamigov.com 305-400-5361 Page 1 of 35 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the subrnitter. Please print the following and sign your name: PROPOSER NAME. ADDRESS. PHONE: FAX EMAIL: CELL(Optional) SIGNED BY. TITLE: DATE. FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS RESPONSE. Page 2 of 35 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Federal Employer Identification Number (FEIN) Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt/ Occupational License Number: Business Tax Receipt/ Occupational License Issuing Agency: Business Tax Receipt/ Occupational License Expiration Date: Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/17). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 1: Name of Contact Person and Telephone Number for above referenced no. 1 Reference No. 1: Date of Contract or Sale for above referenced no. 1 Page 3 of 35 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above referenced no. 2 Reference No. 2: Date of Contract or Sale for above referenced no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above referenced company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above referenced no. 3 Reference No. 3: Date of Contract or Sale for above referenced no. 3 Page 4 of 35 Line: 1 Description: Should Bidder wish to submit their response online, please enter $0.001 in the unit price of this line item. Line: 1.1 Description: Latent Print Examiner Category: 99041-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 5 of 35 854384 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 27 2.1. PURPOSE 27 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 27 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 27 2.4, MINIMUM QUALIFICATIONS 27 2.5. TERM OF CONTRACT 28 2.6. CONDITIONS FOR RENEWAL 29 2.7. METHOD OF AWARD 29 2.8. GROUPS 29 2.9. LIVING WAGE ORDINANCE 29 2.10. WORK DISTRIBUTION 30 2.11. COMPENSATION 30 2.12. INDEPENDENT CONTRACTOR 30 2.13. INSURANCE REQUIREMENTS ( INDIVIDUAL BIDDERS) 30 2,14. INSURANCE REQUIREMENTS (ENTITY BIDDERS) 30 2.15. CONFIDENTIALITY 33 2.16. METHOD OF PAYMENT 33 2.17. NON -APPROPRIATION OF FUNDS 33 2.18. FAILURE TO PERFORM 33 2.19. PROJECT MANAGER 33 2.20. HOURLY RATE ADJUSTMENT 33 2.21. ADDITIONS/DELETIONS OF LATENT PRINT EXAMINERS 33 2.22. TERMINATION 34 2.23. ADDITIONAL TERMS AND CONDITIONS 34 3. Specifications 35 3.1. SPECIFICATIONS/SCOPE OF WORK 35 Page 6 of 35 854384 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/procurement 1.5. ALTERNATE RESPONSES WILL NOT BE CONSIDERED. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post judgment proceedings. 1.8. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of Page 7 of 35 854384 the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet, E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. 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 Page 8 of 35 854384 City's best interests, Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to vile out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final, Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shalt 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 Page 9 of 35 854384 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 subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office, 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (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 communications: Page 10 of 35 854384 Oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk (clerks@miamigov.com), which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Page 11 of 35 854384 Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDERIPROPOSER - 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 Bidder(s)/Proposer(s). 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any 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 terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other govermnental 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. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the Page 12 of 35 854384 responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26. DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure Page 13 of 35 854384 to comply with these requirements may deem a Response non -responsive. A. Responsible Bidder shall mean a bidder/proposer who has submitted a bid/prposal and who has the capability, as determined under the City Procurement Ordinance, in all respects to fully perform the contract requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect 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. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Fomial Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES A.Rejection of Responses The City may reject a Response for any of the following reasons: Page 14 of 35 854384 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be constnied 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 Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed Page 15 of 35 854384 or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida, In any action or proceeding each party shall bear their own respective attorney's fees. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. IIIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIIII/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information Page 16 of 35 854384 practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify, hold/save harmless and defend at its own costs and expense the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation, Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Page 17 of 35 854384 Web Site following recommendation for award. 1,46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the 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 terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to .submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73. In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear full liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet Page 18 of 35 854384 as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. Page 19 of 35 854384 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.58. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.60. PREPARATION OF RESPONSES (I-IARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, where required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. • 1.61. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of Page 20 of 35 854384 market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Contract. 1.64. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1,65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Page 21 of 35 854384 1,68. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119,0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refiisal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must 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. 1.70. QUALITY OF WORK/SERVICES - The work/services performed nnist be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation, 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1,73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or Page 22 of 35 854384 ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer, A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be 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 run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city 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 Page 23 of 35 854384 the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such 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 Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (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 Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no Page 24 of 35 854384 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 TIIE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE., TURN LEFT, 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. FROM THE SOUTH: US I NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGI-IT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract, B. The City has determined that such termination will be in the best interest of the City to terminate the contract for Page 25 of 35 854384 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 finds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law, 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified in the Special Conditions. 1.83. TITLE - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 26 of 35 854384 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for a Pre -Qualification Pool for Latent Print Examination Services, as specified herein, from a source(s), 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 Procurement Department, Attn: Victoria Giraldo; fax: (305) 400-5361 or email: VictoriaGiraldo@miamigov.com, and a copy filed with the Office of the City Clerk, pursuant to Section 1.20. Cone of Silence. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Monday, August 27, 2018 2:00 pm. All responses to questions will be sent to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. PRE-BID/PRE-PROPOSAL CONFERENCE None 2.4. MINIMUM QUALIFICATIONS Bids will be considered only from firms that are regularly engaged in the business of providing the services as described in this Bid; that have a record of performance for a minimum of five (5) years; and that have a sufficient organization to insure that they can satisfactorily provide the services if awarded a Contract under the terms and conditions herein stated. Bidder shall: (1) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. (2) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. (3) Provide three (3) references (located in the Certifications Section) from governmental entities you have provided Latent Print Examiner Services, where you or your firm has established a business relationship regarding these services for within the past five (5) years. (4) All Bidders must Submit two (2) letters of recommendation from Governmental entities for whom services have been provided within the past five (5) years. Page 27 of 35 854384 In addition to the aforementioned, Bidders shall also provide the documentation requested for each group. Group I- Certified Latent Print Examiner Bidder shall submit: current resume along with a copy of their Certification as a Latent Print Examiner from the International Association of Identification ("I.A.I,"). 1) Current resume shall include the following information: o Contact information of current and/or past employer(s) (including name, telephone number, and email). o Length of time examiner provided said services for that particular employer. o Experience which reflects examiners familiarization with standard search methods (e.g., Area Search, Major File Search, and Recidivist Suspects) o Experience which reflects the Bidder's knowledge of and ability to work with, the computerized Automated Fingerprint Identification System (A.F.I.S,) which is required above, stating no less than 5 years' experience. 2) Provide Certification from the I.A.I. Group II- Non- Certified Latent Print Examiner Bidder shall submit: a current resume. Current resume shall include the following information: o Contact information of current and/ or past employer(s) (including name, telephone number, and email). o Length of time examiner provided said services for that particular employer. o Experience which reflects examiners familiarization with standard search methods (e.g., Area Search, Major File Search, and Recidivist Suspects) o Experience which reflects the Bidder's knowledge of and ability to work with, the computerized Automated Fingerprint Identification System (A.F.I.S.) which is required above, stating no less than seven (7) years' experience. Note: Bidders that do not meet all requirements may be considered non -responsive and eliminated from the selection process. 2.5. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the option to renew for two (2) additional three (3) years period, subject to the availability of fiords for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. Page 28 of 35 854384 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. METHOD OF AWARD The Pre -Qualified Pool will be awarded based on minimum qualification requirements on a group by group basis. 2.8. GROUPS Group I- Certified Latent Print Examiner (Certification from International Association of Identification and at Least 5 years work experience) Group II- Non- Certified Latent Print Examiner (At least 7 years work experience) 2.9. LIVING WAGE ORDINANCE The City of Miami adopted a Living Wage Ordinance for City Service Contracts with a total Contract value exceeding $100,000.00 annually, and that have been competitively solicited and awarded on, or after January I, 2017 by the City. "Service Contract" means a Contract to provide services to the City, excluding, however, professional services as defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557, City of Miami Living Wage Ordinance, is attached as Attachment A. Please see provisions in Attachment A. If a solicitation requires services, effective on January 1, 2017, Successful Bidder's must pay to all its employees, who provide services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than $13.19 an hour, with health benefits. This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance. Page 29 of 35 854384 2.10. WORK DISTRIBUTION The Project Manager shall assign work based on the needs of the project. Pre -qualified Bidders will be placed on an alphabetical rotation schedule as needed by the Project Manager. Pre -qualified Bidders, who are in Group I, are required to maintain their certification in an active status throughout the duration of the contract including any renewals and extensions thereof in order to continue to be qualified in their selective group. For Pre -qualified Bidders in both groups, when called upon if there is no response within 24 hours, the Project Manager will then go to the next Pre -qualified Bidder in the group, and the Non- Responsive person will forfeit their position in the rotation. The City reserves the right to verify the information submitted by the Successful Bidder and to obtain and evaluate additional information, as it deems necessary, to ascertain the Successful Bidder's conformance to the minimum requirements. Note: All work assignments during the Contract period will be on an as needed basis, complying with notification requirements. The City offers no guarantee as to the number or frequency of work assignments. 2.11. COMPENSATION Group I- Certified Latent Print Examiner: $52.50 per hour. Group II- Non -Certified Latent Print Examiner: $42.00 per hour. 2.12. INDEPENDENT CONTRACTOR The Successful Bidder(s) is considered an independent contractor, and neither the Successful Bidder(s) nor any of its agents, representatives or employees shall be considered an employee of the City. 2.13. INSURANCE REQUIREMENTS ( INDIVIDUAL BIDDERS) If the Successful Bidder(s) is an individual they shall be exempt from the regularly required insurance of the City. The Administration Division of the City of Miami Police Department will accept responsibility for monitoring all activities as they relate to the services rendered by each Successful Bidder. Successful Bidder(s) shall defend, indemnify, save and hold harmless the City, its officers, agents and employees, from any claims, suits, or actions that may be brought by third parties on account of the performance of the services required under the Contract by the Successful Bidder(s). 2.14. INSURANCE REQUIREMENTS (ENTITY BIDDERS) If the Successful Bidder is an entity they shall submit the following City insurance requirements: INDEMNIFICATION Successful Bidder shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its Page 30 of 35 854384 officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful Bidder and persons employed or utilized by Successful Bidder in the performance of this Contract. Successful Bidder shall further, hold the City, its officials and employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or employees against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted Work, even if it is alleged that the City, its officials, and/or employees were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the Successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate the Successful Bidder to defend, at its own expense, to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Successful Bidder, or persons employed or utilized by Successful Bidder. These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. Successful Bidder shall require all sub -contractor agreements to include a provision that each sub -contractor will indemnify the City in substantially the same language as this Section. The Successful Bidder agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Successful Bidder in which the City participated either through review or concurrence of the Successful Bidder's actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the Successful Bidder, the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder or sub -Contractor under this Contract. Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Successful Bidder. Please see attachment B- Insurance Addendum for insurance definitions, requirements, and conditions. The Successful Bidder shall furnish to City of Miami, Procurement 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: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida (2) Commercial General Liability (Primary and Non -Contributory): Page 31 of 35 854384 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. (3) BusinessAutomobile Liability A. Limits of Liability Bodily injury and property damage liability combined single limits. Any Auto, including hired, borrowed or owned, or non -owned autos used in connection with the work - $300,000 B. Endorsements Required: City of Miami included as an Additional Insured 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: 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. 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/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. 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 time 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 Successful 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 Successful Bidder. Page 32 of 35 854384 2.15. CONFIDENTIALITY The Latent Print Examiner agrees to keep confidential all information and data, whether written or oral, obtained from the City or pursuant to the performance of services on the City's behalf. 2.16. METHOD OF PAYMENT Full payment will be made upon receipt and acceptance of a complete Project(s). No down or partial down payments will be made. 2.17. 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 the Successful Bidder(s) 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 project(s) will be awarded to any firm(s). 2.18. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or Supervisor and/or should remedial action not be taken within forty-eight (48) hours of any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.19. PROJECT MANAGER Upon award, Successful Bidder shall report and work directly with Rupert Butcher, Latent Print Examiner Supervisor or Designee, who shall be designated as the Project Manager(s) for the City. 2.20. HOURLY RATE ADJUSTMENT The City may, an its sole discretion, make an adjustment in the contract terms and/or pricing if hourly rate is affected by extreme or unforeseen volatility in the marketplace. The City will then perform market research studying local municipalities to compare rates for Latent Print Examiner services. The hourly rate will remain firm and fixed for the initial term of the Contract, and will be re-evaluated at the time of exercising the option to renew or extension periods. When re-evaluating the hourly rate, increases will not exceed three percent (3%). 2.21. ADDITIONS/DELETIONS OF LATENT PRINT EXAMINERS The City, at its sole discretion, may periodically add Latent Print Examiners to the contract on an as needed basis. When adding additional Latent Print Examiners to this Pre -qualified pool, the minimum qualifications for either group must be met, Page 33 of 35 854384 2.22. TERMINATION A. FOR DEFAULT If Successful Bidder defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Bidder shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Successful Bidder was not in default or (2) the Successful Bidder's failure to perform is without his or his Subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for the convenience by the City of Miami the Successful Bidder will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Successful Bidder is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.23. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included as part of your solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered. Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or Agreement. Page 34 of 35 854384 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK It is the intention of the City of Miami ("City") to establish a Pre -Qualification Pool of Certified and Non -Certified Latent Print Examiners capable of providing latent print services, on an as needed basis, The City uses these services to process fingerprints under the following guidelines: Group I- Certified Latent Print Examiner: The Successful Bidder shall: 1. Successfully complete a familiarization program designed by the Project Manager and/or designee of the latent print detail, not to exceed sixteen (16) hours. 2. Examine and evaluate fingerprints recovered from crime scenes by personnel from the Crime Scene Investigation unit. Those fingerprints that are found to be of value by the Successful Bidder and with the concurrence of the Latent Print Examiner Project Manager and/or designee that are in compliance with ACE-V Methodology, of the latent print detail, will be further evaluated. 3. Search all fingerprints evaluated to be of value. A Successful Bidder in this classification must be familiar with standard search methods, such as Area Search, Automated Fingerprint Identification System (A.F.I.S.), minutiae input, pattern interpretation and finger/ palm orientation. 4. Maintain a certificate as Latent Print Examiner from the International Association of Identification throughout the duration of the contract including any renewals and extensions thereof. 5. Be required to represent the City in court either with testimony or deposition. Group II- Non -Certified Latent Print Examiner: The Successful Bidder shall: 1. Successfully complete a familiarization program designed by the Project Manager and/or designee of the latent print detail, not to exceed sixteen (16) hours. 2. Examine and evaluate fingerprints recovered from crime scenes by personnel from the Crime Scene Investigation unit. Those fingerprints that are found to be of value by the Successful Bidder and with the concurrence of the Latent Print Examiner Project Manager and/or designee that are in compliance with ACE-V Methodology, of the latent print detail, will be further evaluated. 3. Search all fingerprints evaluated to be of value. A Successful Bidder in this classification must be familiar with standard search methods, such as Area Search, A.F.I.S., minutiae input, pattern interpretation and finger/ palm orientation. Page 35 of 35