HomeMy WebLinkAbout25205AGREEMENT INFORMATION
AGREEMENT NUMBER
25205
NAME/TYPE OF AGREEMENT
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
DESCRIPTION
CRIMINAL HISTORY RECORD CHECK USER AGREEMENT
FL925198Z/NON-CRIMINAL JUSTICE PURPOSES/MATTER ID:
24-2592
EFFECTIVE DATE
ATTESTED BY
TODD B. HANNON
ATTESTED DATE
10/1/2024
DATE RECEIVED FROM ISSUING
DEPT.
10/3/2024
NOTE
DOCUSIGN AGREEMENT BY EMAIL
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CITY OF MIAMI
DOCUMENT ROUTING FORM
ORIGINATING DEPARTMENT: Fire -Rescue
DEPT. CONTACT PERSON: Vishwani Ramlal-Campbell EXT. (305) 416-5465
NAME OF OTHER CONTRACTUAL PARTY/ENTITY: "Department of Justice - Originating Agency
Identifier (ORI) Number"
IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? ❑ YES ❑ NO
TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? ❑ YES ❑ NO
TYPE OF AGREEMENT:
❑ MANAGEMENT AGREEMENT
❑ PROFESSIONAL SERVICES AGREEMENT
0 GRANT AGREEMENT
❑ EXPERT CONSULTANT AGREEMENT
0 LICENSE AGREEMENT
OTHER: (PLEASE SPECIFY)
❑ PUBLIC WORKS AGREEMENT
❑ MAINTENANCE AGREEMENT
❑ INTER -LOCAL AGREEMENT
❑ LEASE AGREEMENT
0 PURCHASE OR SALE AGREEMENT
PURPOSE OF ITEM (BRIEF SUMMARY): To obtain a new ORI number to submit finzerprint images for reviewing
criminal history records as part of an employment screening process.
COMMISSION APPROVAL DATE:
FILE ID: ENACTMENT NO.:
IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN:
ROUTING INFORMATION
Date
PLEASE PRINT AND SIGN
APPROVAL BY DEPARTMENTAL DIRECTOR
September 24, -024
PRINT: ROB
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SIGNATURE
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SUBMITTED TO RISK MANAGEMENT
September 24,
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SUBMITTED TO CITY ATTORNEY
jeptember 27, 2024
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SIGNATURE.
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APPROVAL BY ASSISTANT CITY MANAGER
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SIGNATURE:
RECEIVED BY CITY MANAGER
October 1, 2024
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SIGNATURE:
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ONE ORIGINAL TO CITY CLERK,
SIGNATURE:
2)
ONE COPY TO CITY ATTORNEY'S OFFICE,
PRINT:
3) REMAINING ORIGINAL(S) TO ORIGINATING
DEPARTMENT
SIGNATURE:
PRINT:
SIGNATURE:
PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE
EXECUTION BY THE CITY MANAGER
Criminal Justice Information Services
Criminal History Services
Criminal History Record Check
User Agreement for Non -Criminal Justice Purposes
Customer/Agency Name: CITY OF MIAMI DEPARTMENT OF FIRE AND RESCUE
User ORI: FL925198Z
This Agreement, entered into between the Florida Department of Law Enforcement
(hereinafter referred to as FDLE), an agency of the state of Florida with headquarters in
Tallahassee, Florida, and CITY OF MIAMI DEPARTMENT OF FIRE A(hereinafter referred
to as the User), located at 1151 NW 7TH STREET 3RD FLOOR, MIAMI 33136, recites that:
A. User is an agency of the state of Florida, established by law and
required/authorized to submit fingerprint images and review resultant criminal
history records as part of the screening process for purposes of state
employment, licensing, permitting, granting access, registration, or certification
pursuant to Section(s) 166.0442 ; ORD NO 14248 , Florida Statutes (F.S.), which
statute(s) has/have been approved by the United States Department of Justice
(DOJ) pursuant to Public Law 92-544, 86 Stat. 1115 and 28 C.F.R. Section
20.33, and form(s) the legal basis for User's access to criminal history record
information derived from the systems of the DOJ. The following Originating
Agency Identifier (ORI) number has been assigned and will be used for the
approved submissions: FL925198Z
B. FDLE has established and maintains intrastate systems for the collection,
compilation, and dissemination of state criminal history records and information
in accordance with Subsection 943.05(2), F.S., and, additionally, is authorized
and does in fact participate in federal and interstate criminal history records
systems pursuant to Section 943.054, F.S.
C. FDLE and its user agencies are subject to and must comply with pertinent state
and federal laws relating to the obtaining, use, and dissemination of records and
CHS-005 (Revised 12/11/2023)
record information derived from the systems of FDLE and the DOJ (Chapter 943,
F.S., Chapter 11C-6, F.A.C., Title 28, Part 20 C.F.R.).
D. The National Crime Prevention and Privacy Compact (Compact) Act of 1998
established an infrastructure by which states can exchange criminal records for
non -criminal justice purposes according to laws of the requesting state and
provide reciprocity among the states to share records without charging each
other for the information. The Compact also established a Council to monitor the
effective use of the Interstate Identification Index (III) system for Federal -State
exchange to ensure rules and procedures for effective and proper operations for
Non -Criminal Justices purposes. The Council requires each state to adhere to
national standards concerning record dissemination, use, system security, and
other duly established standards, including those that enhance the accuracy and
privacy of such records. The Federal Bureau of Investigation (FBI) shall conduct
a triennial audit of each state to ensure compliance with Compact policies.
Failure to remain compliant with Compact policies by each state could result in
sanctions levied by the Council or ultimately loss of access to criminal history
information contributed by other states through the III.
E. User is required to obtain and FDLE is required and willing to provide such
services as long as proper reimbursement is made and strict compliance with all
applicable federal and state laws, rules, and regulations is observed.
II. Now, therefore in light of the foregoing representations and the promises, conditions,
and terms, more fully set forth hereinafter or incorporated by references and made a part
hereof, the FDLE and User do mutually agree as follows:
A. FDLE agrees to:
1. Assist User concerning the privacy and security requirements imposed by
state and federal laws; provide User with copies of all relevant laws,
rules, and/or regulations as well as updates as they occur; and, offer
periodic training for User's personnel;
2. Provide User with such state criminal history records and information as
reported to, processed, and contained in its systems and legally available
to the User; and,
3. Act as an intermediary between User and the DOJ, securing for the use
and benefit of User such federal and multi -state criminal history records
or information as may be available to User under federal laws and
regulations.
B. User agrees to:
1. Provide FDLE with properly executed applicant fingerprint submissions.
2
CHS-005 (Revised 12/11/2023)
2. Keep all records necessary to facilitate a security audit by FDLE and to
cooperate in such audits as FDLE or other authorities may deem
necessary. Records which may be subject to audit are criminal history
records and notification that an individual has no criminal history, internal
policies and procedures articulating the provisions for physical and
personnel security, and an executed copy of this user agreement.
3. As determined by type of criminal history request and method of
submission, reimburse FDLE in a timely fashion, in accordance with
Section 943.053(3)(e) F.S., upon proper presentation of billing for state
services rendered. If user contracts with an authorized and properly
registered third -party service provider or Livescan vendor for electronic
submission of fingerprint -based criminal history requests, FDLE will
collect payment for state services rendered directly from such service
provider or vendor upon submission of each criminal history request.
4. As determined by type of criminal history request and method of
submission, reimburse the FBI in a timely fashion, via FDLE, upon proper
presentation of billing for federal services rendered. If user contracts with
an authorized and properly registered third -party service provider or
livescan vendor for electronic submission of fingerprint -based criminal
history requests, FDLE will collect payment for federal services rendered
directly from such service provider or vendor upon submission of each
criminal history request.
5. As applicable, maintain adequate records and monitor allocated funds for
payment of services under this agreement.
6. Ensure that the appropriate personnel are informed that the use of
criminal history records and information derived from processed applicant
fingerprint submissions are restricted and that such information should
not be discussed with others or released to others except as specified in
this agreement. Applicants should be informed that inappropriate release
of non -Florida criminal history information is prohibited under pertinent
federal regulations (28 C.F.R. Part 20), which are reflected in state law
under Section 943.054, F.S. See Florida Attorney General's Opinion 99-1.
Florida criminal history information should be used only for the purpose
stated in the request. See Section 943.053(4), F.S., Section 435.09, F.S.,
and Rule Chapter 11-C, F.A.C.
7. Promptly advise FDLE of any violations of this agreement.
8. User shall maintain an updated Agency Contact Form with FDLE and
provide upon request.
3
CHS-005 (Revised 12/11/2023)
III. Retention of Applicant Fingerprints for Applicant Fingerprint Retention and Notification
Program (AFRNP) Participating Users
A. FDLE shall enter and retain in the Biometric Identification System (BIS) the
applicant fingerprints submitted for state and national criminal history checks, by
agencies having specific statutory authorization, to participate in the AFRNP for
current and prospective employees, contractors/vendors, volunteers, and
persons seeking to be licensed or certified.
B. Such applicant fingerprints shall be submitted in an acceptable digitized format
for entry into BIS, and shall be retained.
C. Users submitting applicant fingerprints in accordance with the authorizing statute
shall notify individual applicants of the requirements of participation in the
AFRNP.
D. When the subject of fingerprints submitted for retention under this program is
identified with fingerprints from an incoming Florida arrest, as confirmed by
fingerprint comparison, FDLE shall advise the user which submitted the applicant
fingerprints of the arrest in writing (or other manner prescribed by FDLE). Arrests
made in other states or by the federal government will not result in notification, as
access to these arrests is restricted by federal law. The information on arrests for
these applicants in other states and by the federal government is available only
upon a fingerprint submission to FDLE which will be forwarded to the FBI.
Additionally, while it is not expected to be a frequent occurrence, it should be
understood that if the submitted fingerprints for an applicant were of sub-
standard quality or if the fingerprints submitted on an arrested individual were of
sub -standard quality, the identification of these persons as the same may not
occur and an arrest notification may not be made. Additionally, until the arrest
fingerprint submission is received by FDLE, FDLE will have no way to identify the
arrested person as the individual retained in AFRNP.
E. The annual fee for participation in the AFRNP shall be $6 per individual record
retained. The initial entry of an applicant's fingerprints into the AFRNP database
must be accompanied by a state and national criminal history records check.
There is no additional fee for the first year of participation in the program. For
each succeeding year, the $6 per record annual fee will be charged.
Governmental agencies will be billed for this fee annually in advance on the
anniversary month of the individual applicant's initial entry into the program.
F Prior to the payment of any individual retention fee, the user may inform FDLE in
writing (or other manner prescribed by FDLE) of any person with retained
fingerprints who is no longer employed, licensed, certified, or otherwise
associated with the user in order that such person may be removed from the
AFRNP database. With respect to any person previously entered in the database
for which FDLE does not receive notification of removal within a minimum of ten
4
CHS-005 (Revised 12/11/2023)
days prior to the anniversary date of the entry (i.e., the billing date), the annual
fee must be paid.
IV Privacy and Security
A. User shall use criminal history records acquired hereunder only for the purpose
of screening applicants to determine their suitability for employment, licensing,
permitting, granting access, registration, certification or volunteering as specified
under the statute enabling User to receive criminal history record information or
in judicial or administrative hearings associated with one of the enumerated
purposes.
B. User shall provide to the applicant written notice that his/her fingerprints will be
used to check the criminal history records of FDLE and the FBI. An example form
can be found on the FBI's website: https://www.fbi.gov/file-repository/compact-
council-noncriminal justice-applicants-privacy-rights.pdf/view
C. When a determination of the applicant's suitability for the job, license, or other
benefit is based solely on the FDLE or FBI criminal history, the User shall provide
the applicant the opportunity to complete or challenge the accuracy of the
information in the record.
D. User shall advise the applicant that procedures for obtaining a change,
correction, or updating of an FDLE or FBI criminal history are set forth in Section
943.056, F.S., and Title 28, Code of Federal Regulations (CFR), Section 16.34.
The User may provide a copy of the applicant's criminal history to the applicant
for their review and possible challenge. An example can be found on the FBI's
website: https://www.fbi.gov/file-repository/compact-council-agency-privacy-
requirements-for-ncj-applicants. pdf/view
E. User shall not deny the job, license, or other benefit based on information in the
FDLE or FBI criminal history until the applicant has been afforded a reasonable
time to correct or complete the record or has declined to do so.
F. User shall establish and document the process/procedure it utilizes for how/when
it gives the applicant notice, what constitutes "a reasonable time" for the
applicant to correct the record, and any applicant appeal process that is afforded
the applicant.
G. User shall not duplicate and/or disseminate criminal history records acquired
hereunder for use outside of User agency except as authorized by state and
federal law. Sharing of criminal history records with other related agencies of the
state of Florida is permitted by the FBI provided that:
1. The other related agency is authorized to receive criminal history record
information derived from the systems of the DOJ in the manner specified
at paragraph I.A of the Agreement.
5
CHS-005 (Revised 12/11/2023)
2. The applicant fingerprints submitted to FDLE lists the authorizing statute
for each agency receiving such (directly or as shared) information in the
"reason fingerprinted" block of the submission.
3. The requesting agency and related agency have concurrent regulatory
responsibilities and have a unity of purpose with respect to the use of
criminal history record information.
H. A Florida criminal history record that is provided by FDLE to User pursuant to
Sections 624.34, 626.171, 626.172, 626.201, and 648.34(4), F.S., as approved
by the FBI under P.L. 92-544, is not divisible into a state component that would
be a public record under Section 943.053(3), F.S. User is prohibited from
disclosing Florida criminal history records provided under this agreement
pursuant to 28 C.F.R. 20.33, and User cannot disseminate any portion of these
criminal history records except as specified in Section IV, paragraph (2), of this
agreement. If User receives a public records request for such a record or
records, FDLE will assist and work directly with User in responding to the
request, and in defending any claim, demand, or suit, formal or informal,
challenging that response, including any appeals.
User has been approved to receive criminal history record information pursuant
to specific statutory authority and shall not use criminal history record information
acquired pursuant to such approval for any other purpose, pursuant to 28 CFR
50.12.
J. User shall not use or rely upon a criminal history record or information which is or
is likely to be out-of-date. If criminal activity is pertinent to and considered at time
of record screening (whether initial or renewal), a current criminal history record
must be requested and relied upon.
K. User shall destroy criminal history records by shredding or incineration. If the
destruction is contracted to a third party company, the destruction shall be
witnessed by an approved employee of the User.
L. User shall keep criminal history records acquired hereunder in a secure file, safe,
or other security device, such as locked file cabinet in an access controlled area,
and shall take such further steps as are necessary to ensure that the records are
accessible only to those of its employees who have been instructed in their
proper use and handling and have a need to examine such records.
M. When FDLE is auditing non -criminal justice agencies, the entirety of the FBI CJIS
Security Policy (CSP) will be used to establish compliance. Appendix J of the
CSP is a guideline which identifies specific areas of compliance for non -criminal
justice agencies. This policy can be found at the FBI website
https://www.fbi.aov/services/ciis/ciis-security-policy-resource-center. Significant
areas are listed below.
6
CHS-005 (Revised 12/11/2023)
1 Local Agency Security Officer (LASO) - User shall appoint a LASO to
function as the point of contact in regard to security and audit related
issues. The LASO shall coordinate CSP compliance for the non -criminal
justice agency. (CSP section 3.2.9)
2. Agency User Agreements — CSP requires that FDLE have an agreement
with the user agency that ensures compliance with the CSP (CSP section
5.1.1.6). Acceptance of this Agreement signifies the non -criminal justice
User's agreement to comply with the CSP.
3. Security and Management Control Outsourcing Standard — Outsourcing
which would allow an external entity to access criminal history information
obtained and/or maintained by the User is not allowed. The User shall
contact FDLE to obtain approval prior to entering into a contract or
granting limited criminal history information access to another entity for
purposes of creating or maintaining the computer system(s) needed to
accept or house criminal history information. (CSP section 5.1.1.7)
4. Secondary Dissemination — The User shall only release/allow access to
criminal history information to other qualified non -criminal justice
agencies, pursuant to 28 CFR 50.12. Each release/access of a criminal
history record shall be documented in a dissemination log. (CSP section
5.1.3) This log shall include:
a) Date of Dissemination
b) Applicant's Name
c) Provider's Name (Released By)
d) Requestor's Name & Agency (Released To)
e) SID/FBI Numbers
f) Reason for Dissemination (Why was this information requested?
For what purpose?)
g) Statute Requiring/Allowing Sharing of Information
h) How the information was disseminated (email, fax, certified mail,
etc.)
5. Security Awareness Training — User shall ensure that all persons who
access/process/read, or maintain criminal history information or the
systems used to process/store criminal history information, complete and
remain current in the appropriate FDLE CJIS Online security awareness
training. FDLE Field Support staff will assist in setting up an agency within
7
CHS-005 (Revised 12/11/2023)
CJIS Online access once a request is made by sending an e-mail to
. (CSP section 5.2.1.1)
6. Security Incident Response — User shall create and keep current a policy
that defines the Specified User's response procedures for security
incident, relating to the system(s) used to access/store criminal history
information. The procedures shall include notification of the FDLE. (CSP
section 5.3)
7. Media Protection - User shall create and keep current a policy describing
the procedures used to secure media (electronic or paper/hard copy) from
unauthorized access/disclosure. The policy shall include, but not be
limited to, destruction of electronic and paper media prior to further
disposal, i.e., shredding before recycling, wiping a hard drive before
disposing or returning to a vendor. (CSP section 5.8)
8. Controlled Area - The User shall designate appropriate areas for
accessing, processing, and storing criminal history information. Access to
such areas shall be limited to authorized personnel only, during
access/processing. Electronic data stored in the controlled area shall be
encrypted. (CSP section 5.9.2)
9. Formal Audits and Audit Record Retention — The User may be audited at
any time and will be audited at least triennially by FDLE to ensure
compliance with this agreement. The audit may either be on -site at the
User's location or via correspondence, at FDLE's discretion. (CSP section
5.11) The User shall retain system generated audit logs, (either from the
application and/or operating system level) for at least 365 days to ensure
conformance to prescribed security and access requirements. The User
may be selected for FBI audits. (CSP section 5.4.6)
10. Personnel Security — FDLE has determined that Florida Statutes do not
enable the specifically required state and national fingerprint based
records check mandated for non -criminal justice access to criminal history
information. Therefore, compliance with these provisions does not require
criminal history record checks of persons who access records. (CSP
section 5.12)
11. Access Control/Encryption — The User shall ensure criminal history
information is encrypted when transmitted or stored within a controlled
area. Encryption shall meet the FIPS 140-2 standard. (CSP section
5.5.2.4)
12. Identification and Authentication — The User shall ensure access to
systems used to process/store criminal history information requires
individual authentication to verify that a user is authorized access to
criminal history information. Passwords shall meet standards (CSP,
CHS-005 (Revised 12/11/2023)
section 5.6.2.1). Advanced authentication shall be used for access
originating from any controlled area. (refer to CSP section 5.6)
13. Configuration Management — The User shall maintain a network
topological diagram depicting the system and network used to process or
store criminal history information, and shall provide the diagram to
FDLE/FBI during the audit process. (CSP section 5.7)
14. System and Communications Protection and Information Integrity — The
User shall implement the proper safeguards to ensure the confidentially
and integrity of criminal history information (CSP section 5.10), to include,
but not be limited to:
a) Encryption of data during transmission and at rest
b) Implementation of firewalls
c) Use of intrusion detection tools
d) Use of separate Virtual Local Area Network for voice over internet
protocol
e) Adhering to proper patch management
f) Use of software to detect and eliminate malware, spam, and
spyware
Provisions Incorporated
User shall be bound by applicable federal and state laws, federal regulations, and rules
of FDLE dealing with criminal history information to the same extent that User would be
if such provisions were fully set out herein. (Refer to Title 28, Chapter 1, Part 20, C.F.R.,
Chapter 943, F.S., and Chapter 11C-6, F.A.C.).
VI. Termination
Either FDLE or User may suspend the performance of services under this agreement
when, in the reasonable estimation of FDLE or User, the other party has breached any
material term of the agreement. Furthermore, upon FDLE becoming aware of violations
of this agreement which jeopardize Florida's access to national criminal history
information, FDLE shall have the option of suspending services under this agreement
pending resolution of the problem. The violation of any material term of this agreement
or of any substantive requirement or limitation imposed by federal or state statutes
regulations, or rules referred to in this agreement shall be deemed a breach of a material
term of the agreement. This agreement is also terminable upon the same grounds and
9
CHS-005 (Revised 12/11/2023)
upon the occurrence or non-occurrence of such events that operate to suspend, annul,
or void any other long-term contract entered into by a state agency.
This agreement supersedes any previous agreements, and may with notice to User be
amended or superseded by FDLE as needed to comply with state or federal laws or regulations
or administrative needs of FDLE.
IN WITNESS HEREOF, the parties hereto have caused this agreement to be executed by the
proper officers and officials.
NAME OF USER AGENCY CITY OF MIAMI DEPARTMENT OF FIRE AND RESCUE
AGENCY HEAD
AGENCY HEAD
FIRE CHIEF ROBERT HEVIA
(PLEASE PRINT)
DocuSigned by:
Wit Rt vua
TITLE
DIRECTOR
(PLEASE PRINT)
(SIGNATURE)
DATE September 24, 2024 1 11:52:13 EDT
FLORIDA DEPARTMENT OF LAW ENFORCEMENT
BY
DATE
TITLE 544 �irc,,a,4 01
10
CHS-005 (Revised 12/11/2023)
ATTEST:
DocuSigned by:
By: E46H+7660Dcru6a...
Todd B. Hannon
City Clerk
APPROVED AS TO FORM AND
CORRECTNESS
F- DocuSigned by:
By: ac,arV, (PGIse14 ((l
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George K. Wysong III
City Attorney
Signed by:
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THE CITY OF MIAMI, a municipal
Corporation of the State of Florida
,-DocuSigned by:
B QYCu ' Noriuba.
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Arthur Noriega
City Manager
APPROVED AS TO INSURANCE
REQUIREMENTS
DocuSigned by:
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By' 2739cCC31DP(¢7...
Ann -Marie Sharpe, Director
Department of Risk Management
Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of
which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and
the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement
(whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name
is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other
parties an original signed Agreement upon request.
Olivera, Rosemary
From: Ramlal, Vishwani
Sent: Thursday, October 3, 2024 7:33 AM
To: Olivera, Rosemary; Hannon, Todd; Ewan, Nicole; Perez, Juan- Police
Cc: Hardy, Robert C.; Garcia, Aida; Musser, Grant
Subject: Matter ID# 24-2592- Department of Fire -Rescue FDLE ORI# FL925198Z
Attachments: 2024 User Agreement FL925198Z - City of Miami Department of Fire and Rescue.pdf
Good morning,
Attached, please find the fully executed agreement that is to be retained as an
original by the City.
Thank you,
Administrative Assistant I
City of Miami, Department of Fire -Rescue
Division of Professional Standards
1131 N' .Street, 3" Floor
lfiami, Florida 33136
Phone: (305:: 416-3463
ramlal r amioov.com
1