LENNETT Y HOLBROOK AND ALAIN SOCARRAS - TWO (2) CERTIFIED LATENT EXAMINERSA CONTRACT AWARD SHEET INSTRCUTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION CONTACINED HEREIN IS AVAILABLE IN THE
PURCHASING SECTION OF OUR WEBPAGE AT:
www.hialeahfl.gov
CITY OF HIALEAH
CONTRACT AWARD
PURCHASING DEPARTMENT
CITY OF HIALEAH CONTRACT: ONE (1) CERTIFIED LATENT EXAMINER AND ONE (1) CERTIFIED LATENT PRINT EXAMINER
DESCRIPTION: LENNETT Y. HOLBROOK AND ALAIN SOCARRAS
CONTRACT PERIOD: 12/8/2023 – 12/07/2024
SECTION #1 – VENDOR AWARD
Name: LENNETT Y. HOLBROOK Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
Name: ALAIN SOCARRAS Name:
Contact: Contact:
Phone: Phone:
Fax: Fax:
E-mail: E-mail:
SECTION #2 – AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CITY COUNCIL APPROVED ON: 11/14/2023, ITEM N AMENDED AMOUNT:
RESOLUTION NO: 2023-169 INSURANCE REQUIREMENTS:
ANNUAL CONTRACT AMOUNT: $87,500 PERFORMANCE BOND:
APPLICABLE ORDINANCES:
Notes:
SECTION #3 – REQUESTING DEPARTMENT
CITY OF HIALEAH, DEPARTMENT OF POLICE
Contract Administrator: CHIEF GEORGE FUENTE
Phone: 305-687-2525
SECTION #4 – PROCURING AGENCY
CITY OF HIALEAH, DEPARTMENT OF POLICE
Contract Administrator: CHIEF GEORGE FUENTE
Phone: 305-687-2525
Prepared by: MARILIN GUTIERREZ
ITEM# _____ [\)_
NOV 1 ~ 2023 Nov Ql 2023
A OFFtceoF
This form, letter from the department head addressed to the Mayor and City~C~o;;:u;;;nic,~~lfJ~[.2S£J
COUNCIL AGENDA ITEM RE UEST FOR
supporting documents are due the Monday of the week prior to the City Council Meeting.
Date of Request : October 30, 2023
Requesting City Department:
Police Department
Requested Council Meeting
Date: No vem ber 14, 2023
Action Requested from the ~ Iss ue a purchase order
City Council:
D Increase a purchase order
D Award a bid
0 Bid No.
D Reject a bid
0 Bid No.
D Specia l Events Permit
D Street Closur e
D Other:
Scope of service(s) or La tent Examin er Professional Services
product(s):
Vendor: Lennett Holbrook
Exp enditure Amount: $87,500
Fund ing Source (i.e., account 001.1000 .521340
funding the expe nditure):
Purcha se Process : □ Competitive Bidding
□ An exception to competitive bidding applies:
[gl Professional services in the nature of consultants,
Accountants, and attorneys
D Sole source provider
D Emergency based on object facts
D Credit facilities
D Competitive bidding is not required because the City is
utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
D Title of state, county or other governmental
Agencies contract:
D Piggy-back contract expiration date:
D Waive Competitive Bidding
D Reason(s) it is not advantageous to the City to
utilize competitive bidding
Signatures:
Esteban Bovo, Jr.
Mayor
Monica Perez
Council Pre sident
Jacqueline Garcia-Roves
Council Vice President
October 26, 2023
City of Hialeah
Honorable Mayor Esteban Bovo, Jr.
And Council Members
City of Hialeah
Hialeah, Florida 330 I 0
RE: Approval of Latent Examiner Contract & Purchase Order
Dear Mayor and Council Members:
Council Members
Bryan Calvo
Vivian Casals-Muiioz
Luis Rodriguez
Jesus Tundidor
Carl Zogby
The City of HialeaJ1 Police Department encounters scenarios where fingerprints and latent prints are collected
at crime scenes, necessitating their evaluation and comparison with established standards. It is in the city's best
interest to engage highly qualified Latent Examiners who can cany out these comparisons and provide expert
testimony when required in relevant jurisdictions. These services are crucial for the Police Department to
identify unknown individuals and ensure the effective prosecution of serious cases . Contracting for these
services is essential because this field is high ly specialized and competitive, and it takes a substantial amount
of time to become a certified expert witness for court proceedings. Failing to secure the services of qualified
personnel will adversely affect the Police Department's crime-solving capabilities, ultimately undermining the
public's best interests.
The Hialeah Police Department is seeking approval to establish a contract with Latent Examiner Alain Socarras
and to issue a purchase order with a maximum value of$87,S00.00. This agreement will remain in effect until
either party chooses to terminate it. The fund s for this contract will be sourced from the general fund account
001.1000.521340.
Respectfully,
#~
George Fuente
Chief of Police
tor of Finance Management
SOI P:iilm A,·cnuc. Hillt:Jh. Florida· 33010-!719
wu'\l.•.hi:11c:ahfl .gov
SERVICES AGREEMENT BETWEEN
THE CITY OF ffiALEAH, FLORIDA AND LENETT Y. HOLBROCK
This Agreement entered into this __ day of ________ , 2023, by and
between the City of Hialeah, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida ("City"), 501 Palm Avenue,
Hialeah, Florida 33010 and Lenett Y. Holbrock ("Provider"), principal business address
1800 N.E. 114 Street, #1806, Miami, FL 33181.
WHEREAS, the Provider has made representations to the City, and the City has
relied on Provider's representations about its experience, training, and technical
certifications to perform the services contemplated in this Agreement; and
WHEREAS, the Provider is capable and competent to complete the Scope of
Services and has expressed its desire and willingness to provide such professional
serv~ces to the City; and
WHEREAS, the City, having investigated the qualifications of the Provider to
perform all the work necessary to fully carry out the Scope of Services contemplated and
found the Provider to be qualified and competent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understood and agree as follows:
I. TERM
This Agreement is a continuing contract between the Provider and the City. The
Agreement shall commence on the date provided above and shall continue in force until
either party terminates the Agreement as provided for in Section XII or the City
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date, whichever is earlier.
II. SCOPE OF SERVICES
A. The Provider shall perform the specialized and technical services required
of a latent fingerprint or palm print examiner which work involves the functions and tasks
identified in Exhibit A for the City, on an as needed when needed basis. The Provider
agrees to undertake, perform and complete all necessary work, functions and activities,
including providing all materials, supplies, or labor, that may be necessary or reasonably
inferred from this Agreement, at Provider's sole cost and expense, to provide the
contemplated services under this Agreement, whether or not the work, function, activity,
material, supply or labor is specifically identified and required in this Agreement, with
Professional Services Agreement-Latent Print Examiner Page2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
ill. COMPENSATION AND PAYMENT TERMS
A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67 .50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS") on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other taxing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or if by certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Lenett Y. Holbrock
Certified Latent Print Examiner
1800 NE 114 Street, # 1806
Miami, FL 33181
Telephone: (305) 987-6500
E-mail:Lyh23225@hialeahfl.gov
V. OWNERSIDP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship, information classified as personal or confidenti.al by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
Professional Services Agreement-Latent Print Examiner Page5
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Miami-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part III, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENTCONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not otherwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119 .10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO TfilS AGREEMENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
(CityClerk@hialeahfl.gov), OR MAIL (CITY OF HIALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
Professional Services Agreement-Latent Print Examiner Page7
XII. INDE1\1NIFICA TION
Provider shall be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith (all of whom constitute the "Released Parties'') from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injury, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMJNATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon IO days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
this Agreement shall be in writing to Provider who shall be paid for those Services
performed prior to the date of its receipt of the notice of termination. In no case,
Professional Services Agreement-Latent Print Examiner Page8
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATION UPON DEFAULT
A. This Agreement may be terminated for cause if:
1. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. ·Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition in
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
Professional Services Agreement-Latent Print Examiner Page9
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the defaul4
the City may tenninate this Agreement without penalty to the City. The tennination shall
take effect as of the date specified in the notice of default provided by the City. Upon
tennination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status,
national origin, ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
XVIII. AMENDMENT
No amendments to this agreement shall be binding on either party unless in
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
Professional Services Agreement-Latent Print Examiner Page 10
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affirming that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
Marbelys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
Signed, sealed and delivered
in the presence of:
Witness
Typed/printed name: _____ _
Witness
Typed/printed name: _____ _
City of Hialeah, Florida
501 Palm Avenue
Hialeah, Florida 33010-0040
Authorized signature on behalf of
City ofHialeah
Mayor Esteban Bovo Date
PROVIDER
Lynett Y. Holbrock Date
Professional Services Agreement-Latent Print Examiner Page 12
EXHIBIT A
SCOPE OF SERVICES
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT".
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed" basis as determined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perform
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E-VERIFY AFFIDAVIT
In accordance with the State of Florida's enactment of Senate Bill No. 664, amending Section 288.061,
Florida Statute, titled "Economic Development Incentive Application Process," and creating Section
448.095, Florida Statute, titled "Verification of Employment E li gibility," this Contract Modification,
when properly executed, shall become part of the Contracts itemized below, and shall incorporate the
following provis ion :
VERIFICATION OF EMPLOYMENT ELIGIBILITY (E-VERIFY)
By entering into this Contract, the Contractor becomes obligated to comply with the provisions of
Sec tion 448.095, Florida Statute, titled "Verification of Employment Eligibility." This includes but is
not limited to utilization of the U.S. Department of Homeland Security's E-Verify System to verify the
employ ment eligibility of all newly hired employees by the Contractor effective, January I, 2021, and
requiring all Subcontractors to provide an affidavit attestin g that the Subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. Failure to comply may lead to termination of
this Contract, or if a Subcontractor kn owin g ly violates the statute, the subcontract mu st be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination, and the Contractor may be liable for
any additional costs incurred by the County resulting from the termination of the Contract. If this
Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one year after the date of termination. Public and private
employers must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain the I-9 Forms
for inspection.
All terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended.
By signing below, the Vendor agrees to this Modification of Contract.
Contractor
B:
Name:
Title:
(Officer I Owner)
Date:
Attest:
Corporate Secretary/Notary
Corporate Seal/Notary Seal
001 General Fund Fund Fiscal Year: 2024
Account
00 1.1000.52 13 40
CONT RACTUAL SERVICES
Percent A :RrOQriated
341 ,000.00
341 ,000.00
Total for (2) Operating Expenses 341,000.00
341,000.00
Total expenses 1000 (Fu nd 00 I)
PO-Po lice
Total Expenses for F und 001
001
Gene ral Fund Fund
341,000.00
341,000.00
341,000.00
341,000.00
Fund Totals
$34 1,000.00
R evenu e/Expen ses Balance:
00 I Genera l Fund Fund
Tria l Ba lance -
Expended
11 ,105.00
11,105.00
11,105.00
11 ,105.00
$11,105.00
$11,105.00
E.xpenses
E ncumbered
12,193.00
12,193.00
12,193.00
12,193.00
$12 ,193.00
Trial Balance -
Balance Last Date
3 17 ,702 .00 10/26/20 23
317,702.00
317,702.00
317,702.00 Expenses
$3 17 ,702.00
317 7 02M ..
91: 5,..,
• ,e~~ ... " *
Printed: 11 /1/20 23 Pag e : 2
~
NDV _~1 W23
OfftceOF
COUNCIL AGENDA ITEM REQUEST FORI\ ~-~
This form, letter from the department head addressed to the Mayor and City Council, as we ll as
supporting documents are due the Monday of the week prior to the City Council Meeting.
Date of Request: October 30, 2023
Requesting City Department:
Police Department
Requested Cou ncil Meeting
Date: November 14, 2023
Action Requested from the [8J Issue a purchase order
City Council:
D In crease a purchase order
D Award a b id
0 Bid No .
D Reject a bid
0 Bid No .
D Special Events Permit
D Street Cl os u re
D Other:
Scope of service(s) or Late nt Examine r Professiona l Services
product(s):
Vendor: Alain Socarras
Expenditure Amount: $87,500
Funding Source (i.e., account 001.1000.521340
funding the expenditure):
Purchase Process: □ Competitive Bidding
□ An exception to competitive bidding applies:
~ Professional services in the nature of consultants,
Accountants, and attorneys
D Sole source provider
D Emergency based on object facts
D Credit facilities
D Competitive bidding is not required because the City is
utilizing a bid that has been awarded or under
contract by state, county or other governmental
agencies.
D Title of state, county or other governmental
Agencies contract:
D Piggy-back contract expiration date:
D Waive Competitive Bidding
D Reason(s} it is not advantageous to the City to
utilize competitive bidding
Signatures:
nager
irector of Finance Management
Esteban Bovo, Jr.
Mayo r
Monica Perez
Council President
Jacqueline Garcia-Roves
Council Vice President
October 26 , 2 0 23
City of Hialeah
Honorable May or Esteban Bovo, Jr.
And Council Members
C ity of Hialeah
Hial eah, Florida 33010
RE: Approval of Latent Examiner Contrac t & Purchase Order
Dear Mayo r and Council Members:
Counci l Me mbers
Bryan Calvo
Vivian Casals-Muiioz
Luis Rodriguez
Jesus Tundidor
Carl Zogby
The C ity of Hialeah Po lice Departmen t e n counters scenari os where finge rprints a nd latent prints a re col lected
at crime scenes, necess itatin g their eva lu a ti o n and compar ison with establi s hed s tandards. It is in the city's best
interest to engage hi ghl y qualified Latent Examiners w ho can carry out these comparisons and prov ide expert
testimo ny when requ ire d in re levant jurisdictions. These services are c ruc ial fo r the Pol ice Departme nt to
identify unkn o wn individuals and e ns ure the effecti ve prosecution of serious cases. Contracting for these
services is essential because this field is hi g hl y specialized and competitive, and it takes a s u bsta ntial amount
of t ime to become a certified expert wi tness for court proceedings . Fa ilin g to secure the services of qualified
pe rsonn e l w ill adverse ly affect the Police De partme nt's crime-so lv ing capab ili ties, ultimately unde rmining the
publi c 's best inte rests.
The Hi a leah Po lice Department is s eeking approva l to es tabl ish a contract w ith Latent Examiner Lennett
Ho lbrook and to issue a purc hase order w ith a maximum va lu e of$87,500.00. Th is agreement wi ll re ma in in
effect until e it he r party c hooses to term inate it. The funds fo r this contract w ill be sourced from the general
fu nd account 001.1000.52 1340.
George Fuen te
Chiefof Po lice
D ISAPPROVED:
.50 1 P:ilm ,\,.cnuc, llialoh. Florida JJ0 I0-1 719
www.h ia lc:ihfl ,sov
SERVICES AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND ALAIN SOCARRAS
This Agreement entered into this __ day of ________ , 2023, by and
between the City of Hialeah, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida ("City"), 501 Palm Avenue,
Hialeah, Florida 33010 and Alain Socarras, ("Provider"), principal business address 2281
W. 74 Terrace, Hialeah FL 33016.
WHEREAS, the Provider has made representations to the City, and the City has
relied on Provider's representations about its experience, training, and technical
certifications to perform the services contemplated in this Agreement; and
WHEREAS, the Provider is capable and competent to complete the Scope of
Services and has expressed its desire and willingness to provide such professional
services to the City; and
WHEREAS, the City, having investigated the qualifications of the Provider to
perform all the work necessary to fully carry out the Scope of Services contemplated and
found the Provider to be qualified and competent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understood and agree as follows:
I. TERM
This Agreement is a continuing contract between the Provider and the City. The
Agreement shall commence on the date provided above and shall continue in force until
either party terminates the Agreement as provided for in Section XII or the City
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date, whichever is earlier.
Il. SCOPE OF SERVICES
A. The Provider shall perform the specialized and technical services required
of a latent fingerprint or palm print examiner which work involves the functions and tasks
identified in Exhibit A for the City, on an as needed when needed basis. The Provider
agrees to undertake, perform and complete all necessary work, functions and activities,
including providing all materials, supplies, or labor, that may be necessary or reasonably
inferred from this Agreement, at Provider's sole cost and expense, to provide the
contemplated services under this Agreement, whether or not the work, function, activity,
material, supply or labor is specifically identified and required in this Agreement, with
Professional Services Agreement-Latent Print Examiner Page2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
ill. COMPENSATION AND PAYMENT TERMS
A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67.50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS") on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other taxing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or if by certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Alain Socarras
Certified Latent Print Examiner
2281 W 74 Terrace
Hialeah, FL 33016
Telephone: (305) 303-2980
E-mail: As3123@hialeahfl.gov
V. OWNERSHIP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship, information classified as personal or confidential by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
1
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
Professional Services Agreement-Latent Print Examiner Page 5
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the· State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Miami-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part III, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENT CONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not otherwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otheiwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119 .10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO TIDS AGREEMENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
Professional Services Agreement-Latent Print Examiner Page7
{CityCierk@hialeahfl.gov). OR MAIL (CITY OF HIALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
XII. INDEMNIFICATION
Provider shall be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith (all of whom constitute the "Released Parties") from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injury, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMINATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon IO days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
Professional Services Agreement-Latent Print Examiner Page 8
this Agreement shall be in writing to Provider who shall be paid for those Services
performed prior to the date of its receipt of the notice of termination. In no case,
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATION UPON DEFAULT
A. This Agreement may be terminated for cause if:
1. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition in
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
Professional Services Agreement-Latent Print Examiner Page9
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the default,
the City may terminate this Agreement without penalty to the City. The termination shall
take effect as of the date specified in the notice of default provided by the City. Upon
termination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status,
national origin~ ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
XVIII. AMENDMENT
No amendments to this agreement shall be binding on either party unless in
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
Professional Services Agreement-Latent Print Examiner Page 10
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affmning that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
M~belys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
Signed, sealed and delivered
in the presence of:
Witness
Typed/printed name: _____ _
Witness
Typed/printed name: _____ _
City of Hialeah, Florida
501 Palm Avenue
Hialeah, Florida 33010-0040
Authorized signature on behalf of
City of Hialeah
Mayor Esteban Bovo Date
PROVIDER
Alain Socarras Date
Professional Services Agreement-Latent Print Examiner Page 12
EXHIBIT A
SCOPE OF SERVICES
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT''.
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed" basis as detennined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
• 2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perfonn
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E-VERIFY AFFIDAVIT
In accordance with the State of Florida's enactment of Senate Bill No. 664, amending Section 288.061,
Florida Statute, titled "Economic Development Incentive Application Process," and creating Section
448 .095, Florida Statut e, titled "Verification of Employment E li gibility," this Contract Modification,
when properly executed, shall become part of the Contracts it emized be low, and shall incorporate the
following provision:
VERIFICATION OF EMPLOYMENT ELIGIBILITY {E-VERIFY)
By entering into this Contract, the Contractor becomes obligated to comply with the provisions of
Section 448.095, Florida Statute, titled "Verification of Employment Eligibility." This includes but is
not limited to utilization of the U.S. Department of Homeland Security's E-Verify System to ve rify the
employment eligibility of all newly hired employees by the Contractor effect ive, January 1, 2021, and
requ iring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ,
contract with, or subcontract w ith, an unauthorized alien. Failure to comply may lead to termination of
this Contract, or if a Subcontractor knowingly violates the statute, the subcontract must be term in ated
im mediately. Any chall enge to termination under this provision mu st be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination, and the Contractor may be li able for
any additional costs incurred by the County resulting from the termination of the Contract. If this
Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one year after the date of termination. Public and private
employers must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain t he 1-9 Forms
for in s pection.
All terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended.
By s igning below, the Vendor agrees to this Modification of Contract.
Contractor
B:
Name:
Title:
(Officer I Owner)
Date:
Attest :
Corporate Secretary/Notary
Corporate Seal/Notary Seal
001 General Fund Fund Fiscal Year: 2024
Account
001.1000.521340
CONTRACTUAL SERVICES
Percent Aperopriated
341,000.00
34 1,000.00
Total for (2) Opera ting Expenses 341,000.00
341,000.00
341,000.00
341,000.00
Total expenses 1000 (Fund 001)
PO -Pol ice
Total Ex"Penses for F und 001
001
General Fund Fund
3./7,000.00
341 ,000.00
Fund Totals
$341,000.00
Reve nue /Expenses Balance:
00 I Gene ral Fund Fun d
T ri al Balance -
Expended
11 ,10 5.00
11,105.00
11,105.00
11,105.00
$11,105.00
$11 ,105.00
Expe nses
Encumbered
12,19 3.00
12,193.00
12,193.00
12,193.00
$12,193.00
Trial Balance -
Balance Last Date
3 17,702.00 I 0/2 6/2023
317,702.00
317,702.00
317,702.00 Expenses
$317,702.00
31 -,702• r
Leme:rr-a'h, ,.
23()!.{2~"" ~ *
"
230•902 •-.+
87~5' :e--
• 11+9 ... 7~,.,• • *
P rinted: 11 /1/2023 Page: 2
RESOLUTION NO. __ _
RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
HIALEAH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK, ON
BEHALF OF THE CITY, TO ENTER INTO A CONTRACT WITH CERTIFIED
LATENT EXAMINER LENETT HOLBROOK AND CERTIFIED LATENT PRINT
EXAMINER ALAIN SOCARRAS TO PROVIDE LATENT EVALUATION AND
COMPARISON SERVICES AS INDEPENDENT CONTRACTORS, FOR ONE YEAR
TERM, AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS AND AGREEMENTS, ATTACHED HERETO AS
EXHIBIT A AND B, AND FURTHER AUTHORIZING THE EXPENDITURE OF A
COMBINED AMOUNT NOT TO EXCEED $87,500.00 TO FUND THE LATENT
FINGERPRINT EXAMINER PROGRAM FOR ONE YEAR UPON FULL EXECUTION
OF THE AGREEMENTS ATATCHED, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Hialeah Police Department has cases where latent prints
are lifted at crime scenes, and need to be evaluated and compared against known standards;
and
WHEREAS, the examination of fingerprints from suspects and victims of crimes
is essential in certain criminal investigations; and
WHEREAS, the job classification for this function is a Latent Fingerprint
Examiner; and
WHEREAS, it is in the best interests of the City to contract with the most qualified
latent examiner to perform comparisons and testify and expert witnesses in the applicable
jurisdiction;
WHEREAS, the Chief of Police of the Hialeah Police Department has approved
the continued services of referenced latent examiners and recommends that the City
Council authorize the Mayor or his designee to execute all necessary documents and
agreements attached hereto as Exhibit A and B; and
WHEREAS, failure to contract with qualified personnel will impact the Police
Department's ability to solve crimes; and
WHEREAS, certified Latent Fingerprint Examiner Lenett Holbrook and certified
Latent Fingerprint Examiner Alain Socarras are available as independent contractors to
provide these services on a contractual basis; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT:
RESOLUTION NO.: ------
Page 2
Section 1: The Mayor or his de signee and City C lerk, on behalf of the C ity , are
hereby authorized to enter into a contract with certified Latent Fingerprint Examiner Lenett
Holbrook and Latent Fingerprint Examiner Alain Socarras, to provide latent fingerprint
evaluation and comparison services as an independent contractor, in a form acceptable to
the City Attorney, fo r a one-year term commencing on the date of the execution of the
attached agreements, Exhibit A and B.
Section 2: The Hial eah Police Department is authorized to expend a combined
amount not to exceed $87,500.00 for one year from the date of full execution of the attached
agreements to fund the Latent Fingerprint Examiner Program.
PAS SED AND ADOPTED this __ day of _______ , 2023.
Monica Perez
Council Pre sident
Attest: Approved on this __ day of ______________ , 2023.
Marbelys Fatjo
City C lerk
Approved as to le al s ufficie nc y and form:
~~k:::::::::;,L-'7 --j,'--"C-~ ~
arez-Ri v
City Attorney
Mayor Esteban Bovo Jr.
S:IBARBARA T GOVEAIK·CONTRACTS\2023\K-2023-188 (10) • PROFESSIONAL SERVICES AGREEMENTS (ALAJN SOCARRAS AND LENETT Y.
HOLLBROCK)IR.ESOLUTION NO.docx
2
SERVICES AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND LENETT Y. HOLBROCK
This Agreement entered into thi s --3.Qlb_ day of October , 2023, by and
between the City of Hialeah, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida ("City"), 501 Palm Avenue,
Hialeah, Florida 33010 and Lenett Y. Holbrook ("Provider"), principal busine ss address
1800 N.E. 114 Street, #1806, Miami , FL 33181.
WHEREAS, the Provider has made representations to the City, and the City has
relied on Provider's representations about its experience, training, and technical
certifications to perform the services contemplated in thi s Agreement; and
WHEREAS, the Pro vider is capable and competent to complete the Scope of
Services and has expressed its de sire and willingness to provide such professional
services to the City; and
WHEREAS, the City, having investigated the qualifications of the Provider to
perform all th e work necessary to full y carry out the Scope of Services contemplated and
found the Provider to be qualified and co mp etent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated , the parties
hereto understood and agree as follows:
I. TERM
This Agreement is a continuing contract between the Provider and the City . The
Agreement shall commence on the date provided above and s hall continue in force until
e ither party terminates th e Agreement as provided for in Section XII or the City
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date, whichever i s earlier.
II. SCOPE OF SERVICES
A. The Provider shall perform the specialized and technical services r equired
of a latent fingerprint or palm print examiner which work invo lves the fun ctions and tasks
identified in Exhibit A for the City, on an as needed when needed basis. The Pro vider
agrees to undertake , perform and complete all necessary work, functions and activiti es,
including providing a ll materials, supplies, or labor, that may be necessary or reasonably
inferred from this Agreement, at Provider's so le cost and expense, to provide the
con temp lated services under this Agreement, whether or not the work, function, activity,
material, supply or labor is specificall y identified and r equired in this Agreement, with
EXHIBIT
1--+-A:-
Professional Services Agreement-Latent Print Examiner Page 2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
III. COMPENSATION AND PAYMENT TERMS
. A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67.50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS") on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other trucing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or if by certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Lenett Y. Holbrook
Certified Latent Print Examiner
1800 NE 114 Street, #1806
Miami, FL 33181
Telephone: (305} 987-6500
E-mail:Lyh23225@hialeahfl.gov
V. OWNERSHIP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship, information classified as personal or confidential by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
Professional Services Agreement-Latent Print Examiner Page 5
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Miami-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part ill, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENTCONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not otherwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119 .10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO TIDS AGREEMENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
{CityClerk@hialeahfl.gov), OR MAIL (CITY OF HIALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
Professional Services Agreement-Latent Print Examiner Page 7
XII. INDEMNIFICATION
Provider sh,dl be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith ( all of whom constitute the "Released Parties") from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injwy, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMINATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon 10 days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
this Agreement shall be in writing to Provider who shall be paid for those Services
performed prior to the date of its receipt of the notice of termination. In no case,
Professional Services Agreement-Latent Print Examiner Page 8
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATIONUPONDEFAULT
A. This Agreement may be terminated for cause if:
1. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition m
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
Professional Services Agreement-Latent Print Examiner Page 9
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the default,
the City may terminate this Agreement without penalty to the City. The termination shall
take effect as of the date specified in the notice of default provided by the City. Upon
termination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status.
national origin, ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
XVIII. AMENDMENT
No amendments to this agreement shall be binding on either party unless m
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
Professional Services Agreement-Latent Print Examiner Page 10
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affirming that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
Marbelys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
Typed/printed name: Ala,~ ~l>C4"1/'ltS
-?tu i'-µJ_ Witness~ .
Typed/printed name: tr I yn ae JesitS
\1
City of Hialeah, Florida
501 Palm Avenue
Hialeah, Florida 33010-0040
Authorized signature on behalf of
City of Hialeah
Mayor Esteban Bovo Date
PROVIDER
~✓/",&,~3
LenettY.roo~ Date ,
Professional Services Agreement-Latent Print Examiner
EXHIBIT A
SCOPE OF SERVICES
Page 12
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT".
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed" basis as determined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perform
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E-VERIFY AFFIDAVIT
In accordance w ith the State of Fl orida's e nactment of Senate Bill No. 664, amend ing Secti on 288.06 l ,
Flo rida Statute, titled "Economic Development In centive Appli cation Process," and c reating Secti on
448.095, F lorida Statute, titled "Verifi cation of Emp loyment Eligibility," thi s Contract Mod ifi cation,
w hen prope rl y executed, s ha ll become part of t he Contracts itemi zed below, and shall in corporate the
fo ll owi ng provision:
VERIFICATION OF EMPLOYMENT ELIGIBILITY (E-VERIFY)
By ente ring into thi s Co ntract, th e Contractor becomes o bligated to comp ly w ith the provisio ns of
Section 448.095, Flo rid a Statute, titled "Verification of Employ ment E li gibility." This inc ludes but is
no t li mited to utili zation of the U.S. Department of Hom e land Secu rity's E-Verify System to verify the
e mployment eligibility of a ll ne w ly hired employees by the Contractor effective, January 1, 202 l, and
req uirin g all Subcontractors to provide an affidav it attesting that the Subcontractor does not empl oy,
co ntract w ith, or subcontract with, an unauthorized a li en. Failure to co mply may lead to termination of
thi s Contract, or if a Subco ntract or kn owing ly v iolates th e statute, the s ubcontract mu st be terminated
immediately. Any challenge to termi nation und e r th is provision must be filed in the Circuit Co urt no
later than twenty (20) calendar days after the date of term in ation, and the Contractor may be lia bl e for
any additional costs incurred by t he County res ul t in g fro m the term inati on of the Contract. If th is
Contract is terminated for a v io latio n of the statute by the Contractor, the Contractor may not be
awarded a public co ntract fo r a peri od of one year after the date of termination. Public and private
employers must e nro ll in th e £-Ve ri fy System (http://www.u sc is .gov/e -ve ri fy) and retai n the I-9 Forms
for inspection.
All terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended .
By sign in g below, the Vendor agrees to th is Modification of Contract.
T itle: Ow111lA CsD.E)
(Officer I Owner)
Date: 1t>/3c?/:<.3
C~rporate Secretary/Notary //?1)9 ~1· -J>~o~ ch-~,.-z,J'f' re
Corporate Seal/Notary Seal /&'?/_2 ,!J2?
SERVICES AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND ALAIN SOCARRAS
This Agreement entered into th is :30-t'~ay of Odo b ll-v-, 2023 , by and
between the City of Hialeah, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida ("C ity"), 501 Palm Avenue,
Hialeah, Florida 33010 and Alain Socarras, ("Provider"), principal business address 2281
W. 74 Terrace, Hialeah FL 330 16.
WHEREAS, the Provider has made representations to the City, and the City has
relied on Provider 's repre sentations about its experience, training, and technical
certifications to perform the services contemplated in this Agreement; and
WHEREAS, the Provider is capable and competent to complete the Scope of
Services and has expressed its des ire and willingness to provide such professional
services to the City; and
WHEREAS, the City, h av ing investigated the qualifications of the Prov ider to
perform all the work necessary to fully carry out the Scope of Services contemplated and
found the Provider to be qualified and competent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and o bligations
herein contained, and subj ect to the terms and conditions hereinafter stated, the p arties
hereto understood and agree as follows: •
I. TERM
This Agreement is a continuing contract between the Provider and the City. The
Agreement shall commence on the date prov ided above and shall continue in force unti l
either party termin ates the Agreement as provided for in Section X II or the C ity
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date, whichever is earlier.
II. SCOPE OF SERVICES
A. T h e Provider shall perform the specialize d and technical services require d
of a latent fingerprint or palm print examiner which work involves the functions and tasks
identified in Exhibit A for the City, on an as needed when needed basis. The Provider
agrees to undertake, p erform and complete all necessary work, functions and activities,
including providing all materials, supplies, or labor, that may be necessary or reasonably
inferred from this Agreement, at Provider's so le cost and expense, to provide the
contemplated services under this Agreement, whether or not the work, function, acti vity,
material, supply or labor is spec ifically identified and required in this Agreement, with
EXHIBIT
B
Professional Services Agreement-Latent Print Examiner Page2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
III. COMPENSATION AND PAYMENT TERMS
A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67.50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS 11
) on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other taxing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or ifby certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Alain Socarras
Certified Latent Print Examiner
2281 W 74 Terrace
Hialeah, FL 33016
Telephone: (305} 303-2980
E-mail: As3 l 23@hialeahfl.gov
V. OWNERSIDP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship; information classified as personal or confidential by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
Professional Services Agreement-Latent Print Examiner Page 5
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Mi8:mi-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part III, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENT CONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not otherwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO TIDS AGREEMENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
Professional Services Agreement-Latent Print Examiner Page 7
(CityCierk@hialeahfl.gov}~ OR MAIL (CITY OF IIlALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
XII. INDEMNIFICATION
Provider shall be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith ( all of whom constitute the "Released Parties") from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injury, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMINATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon 10 days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
Professional Services Agreement-Latent Print Examiner Page 8
this Agreement shall be in writing to Provider who shall be paid for those Services
performed prior to the date of its receipt of the notice of termination. In no case,
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATION UPON DEFAULT
A. This Agreement may be terminated for cause if:
1. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition m
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
Professional Services Agreement-Latent Print Examiner Page 9
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the default,
the City may terminate this Agreement without penalty to the City. The termination shall
take effect as of the date specified in the notice of default provided by the City. Upon
termination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status.
national origin, ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
XVIII. AMENDMENT
No amendments to this agreement shall be binding on either party unless m
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
Professional Services Agreement-Latent Print Examiner Page 10
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affirming that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
Marbelys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
City of Hialeah, Florida
50 I Palm Avenue
Hialeah, Florida 330 I 0-0040
Authorized signature on behalf of
City of Hialeah
Mayor Esteban Bovo Date
Signed, sealed and delivered PROVIDER
izres;-k~ ~ra~~ ~~-~~~~ wd Alain Socarras
Typed/printed name: £.o.t47L Y~K
,41, tw2 Witness
Typed/printed name: A1 I '1Q Je ,J 6<S LtS
'-
Professional Services Agreement-Latent Print Examiner
EXHIBIT A
SCOPE OF SERVICES
Page 12
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT".
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed'' basis as determined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perform
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E -VERIFY AFFIDAVIT
In accordance with the State of Florida's enactment of Senate Bill No. 664, amending Section 288.061,
Florida Statute, titled "Economic Development Incentive Application Process," and creating Section
448.095, Florida Statute, titled "Verification of Emplo yment Eligibility," this Contract Modification,
when properly executed, shall become part of the Contracts itemized below, and shall incorporate the
following provision:
VERIFICATION OF EMPLOYMENT ELIGIBILITY (E -VERIFY)
By entering into this Contract, the Contractor becomes obligated to comply with the provision s of
Section 448.095, Florida Statute, titled "Verification of Employment Eligibility." This includes but is
not limited to utilization of the U.S. Department of Homeland Security's E-Verify System to verify the
employment eligibility of all newly hired employees by the Contractor effective, January 1, 2021, and
requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ,
contract with, or subcontract with, an unauthorized ali en. Failure to comply may lead to termination of
this Contract, or if a Subcontractor knowingly violates the statute, the su bcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination, and the Contractor may be liable fo r
any additional costs incurred by the County resulting from the termination of the Contract. If this
Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one year after the date of termination. Public and private
employer s must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain the I-9 Forms
for inspection.
All terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended.
By signing be low, the Vendor agrees to this Modification of Contract.
¢5/f;)Z•ctor
B__:_____ ~
( Officer Owner)
Date: 1 o / '3 o /2_3,
I {
Corporate Secretary ~tary /771;, ~, • t> J>;tJ~ c ~t.-.r'l,--/_p. re
/&-?/·_2.t'.2 j'
Corporate Seal/Notary Seal
RESOLUTION NO. 2023-169
RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
HIALEAH, FLORIDA, AUTHORIZING THE MAYOR AND THE CITY CLERK, ON
BEHALF OF THE CITY, TO ENTER INTO A CONTRACT WITH CERTIFIED
LATENT EXAMINER LENETT HOLBROOK AND CERTIFIED LATENT PRINT
EXAMINER ALAIN SOCARRAS TO PROVIDE LATENT EVALUATION AND
COMPARISON SERVICES AS INDEPENDENT CONTRACTORS, FOR ONE YEAR
TERM, AND AUTHORIZING THE MAYOR OR HIS DESIGNEE TO EXECUTE ALL
NECESSARY DOCUMENTS AND AGREEMENTS, ATTACHED HERETO AS
EXHIBIT A AND B, AND FURTHER AUTHORIZING THE EXPENDITURE OF A
COMBINED AMOUNT NOT TO EXCEED $87,500.00 TO FUND THE LATENT
FINGERPRINT EXAMINER PROGRAM FOR ONE YEAR UPON FULL EXECUTION
OF THE AGREEMENTS ATATCHED, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Hialeah Police Department has cases where latent prints
are lifted at crime scenes, and need to be evaluated and compared against known standards;
and
WHEREAS, the examination of fingerprints from suspects and victims of crimes
is essential in certain criminal investigations; and
WHEREAS, the job classification for this function is a Latent Fingerprint
Examiner; and
WHEREAS, it is in the best interests of the City to contract with the most qualified
latent examiner to perform comparisons and testify and expert witnesses in the applicable
jurisdiction;
WHEREAS, the Chief of Police of the Hialeah Police Department has approved
the continued services of referenced latent examiners and recommends that the City
Council authorize the Mayor or his designee to execute all necessary documents and
agreements attached hereto as Exhibit A and B; and
WHEREAS, failure to contract with qualified personnel will impact the Police
Department's ability to solve crimes; and
WHEREAS, certified Latent Fingerprint Examiner Lenett Holbrook and certified
Latent Fingerprint Examiner Alain Socarras are available as independent contractors to
provide these services on a contractual basis; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND THE CITY
COUNCIL OF THE CITY OF HIALEAH, FLORIDA, THAT:
RESOLUTION NO.: 2023 -169
Page2
Section 1: The Mayor or his designee and City Clerk, on behalf of the City, are
hereby authorized to enter into a contract with certified Latent Fingerprint Examiner Lenett
Holbrook and Latent Fingerprint Examiner Alain Socarras, to provide latent fingerprint
evaluation and comparison services as an independent contractor, in a form acceptable to
the City Attorney, for a one-year term commencing on the date of the execution of the
attached agreements, Exhibit A and B.
Section 2: The Hialeah Police Department is authorized to expend a combined
amount not to exceed $87,500.00 for one year from the date of full execution of the attached
agreements to fund the Latent Fingerprint Examiner Program.
PASSED AND ADOPTED this _1_4_ day f November • , 2023.
Mo ·ca Perez
Council President
Attest: Approved on this d7 day of _ ___,__----=------=_;__-----..E-~---' 2023.
=5~
City Clerk
Approved as to le al s ufficiency and form:
~
uarez-Riv
City Attorney
S:\BARBARA T GOVEAIK-CONTRACTS\2023\K-2023 -188 (10) -PROFESSIONAL SERVICES AGREEMENTS (A LA IN SOCARRAS AND LENETT Y .
HOLLBROCK )\RESO LUTION NO.docx
2
Reso lution was adopted by 7-0 w ith
Council President Perez, Council Vice
Pre s id e nt Garc ia-Ro ve s, Council
Members Calvo, Pacheco Rodriouez
' 0 ' Tundidor, and Zogby votin g "Yes".
SERVICES AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND LENETT Y. HOLBROCK
This Agreement entered into this ..3.0.th.day of October , 2023, by and
between the City of Hialeah, Florida, a municipal corporati on organized and existing
under and by virtue of the laws of the State of Florida ("C ity"), 501 Palm Avenue,
Hi a leah, Florida 33010 and Lenett Y. Holbrook ("Provider"), principal business address
1800 N.E. 114 Street, #1806, Miami, FL 33181.
WHEREAS , the Provider has made representations to the C ity, and the Ci ty has
relied on Provider's representations about its experience , training, and technica l
certifications to perform the services contemplated in this Agreement; and
WHEREAS, the Provider is capable and competent to comp lete the Scope of
Servi ces and has expressed its desire and will ingness to provide such profess ional
services to the City; and
WHEREAS, the C ity, having investigated the qualifications of the Provider to
perform all the work necessary to fully carry out the Scope of Services contemplated and
found the Provider to be qualified and competent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understo od and agree as follows:
I. TERM
This Agreement is a continuing contract between the Provider and the City. The
Agreement shall commence on the date provided above and shall continue in fo rc e until
either party terminates the Agreement as provided for in Section XII or the C ity
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date , whichever is earlier.
II. SCOPE OF SERVICES
A. The Provider shall perform the specialized and technical services required
of a latent fi n gerprint or palm print examiner which wo rk invo lves the function s and tas ks
identified in Exhibit A for the City, on an as nee ded when needed basis. The Provider
agrees to undertake, perform and complete all necessary work, functions and activities,
including providing all materials , s upplies, or labor, that may be necessary or reasonably
inferred from thi s Agreement, at Provider 's so le cost and expense, to provide the
contemplated services under this Agreement, whether or not the work, functi on , activity ,
material, supply or labor is specifically identified and required in this Agreement, with
EXHIBIT
Professional Services Agreement-Latent Print Examiner Page2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
III. COMPENSATION AND PAYMENT TERMS
. A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67.50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS") on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other taxing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or ifby certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Lenett Y. Holbrook
Certified Latent Print Examiner
1800 NE 114 Street, #1806
Miami, FL 33181
Telephone: (305) 987-6500
E-mail:Lyh23225@hialeahfl.gov
V. OWNERSHIP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship, information classified as personal or confidential by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
Professional Services Agreement-Latent Print Examiner Page 5
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Miami-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part III, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENT CONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not othetwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119 .10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
{CityClerk@hialeahfl.gov), OR MAIL (CITY OF HIALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
Professional Services Agreement-Latent Print Examiner Page 7
XII. INDEMNIFICATION
Provider shall be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith ( all of whom constitute the "Released Parties") from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injury, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMINATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon 10 days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
this Agreement shall be in writing to Provider who shall be paid for those Services
performed prior to the date of its receipt of the notice of termination. In no case,
Professional Services Agreement-Latent Print Examiner Page 8
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATION UPON DEFAULT
A. This Agreement may be terminated for cause if:
I. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition in
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
Professional Services Agreement-Latent Print Examiner Page 9
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the default,
the City may terminate this Agreement without penalty to the City. The termination shall
take effect as of the date specified in the notice of default provided by the City. Upon
termination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status~
national origin. ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
xvm. AMENDMENT
No amendments to this agreement shall be binding on either party unless in
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
Professional Services Agreement-Latent Print Examiner Page 10
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affirming that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
Marbelys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
Typed/printed name: Ala,~ t:;IJU"1/ltS
::ctu i,_µ)
Witness~ .
Typed/printed name: fr I y~ de ~U..S
\I
City of Hialeah, Florida
501 Palm A venue
Hialeah, Florida 33010-0040
Authorized signature on behalf of
City of Hialeah
Mayor Esteban Bovo Date
PROVIDER
~L/uLN~:s
LenettY.roo~ Date '
Professional Services Agreement-Latent Print Examiner
EXHIBIT A
SCOPE OF SERVICES
Page 12
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT".
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed" basis as determined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.LS.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perform
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E-VERIFY AFFIDAVIT
In accordance w ith the State of Florida 's enactment of Senate Bill No. 664, amending Section 288.06 1,
Florida Statute, titled "Econom ic Development Incentive Application Process," and creating Section
448.095, Florida Statute, titled "Verification of Employment E li gibility ," this Contract Modification,
when properly executed, shall become part of the Contracts itemized below, and shall incorporate the
following provi s ion:
VERIFICATION OF EMPLOYMENT ELIGIBILITY {E-VERIFY)
By entering into this Contract, the Contractor becomes ob li gated to comply with the provisions of
Section 448.095 , Florida Statute, titled "Verification of Employment Eli gibi li ty." Th is includes but is
no t limited to utilization of the U.S. Department of Homeland Security's E-Verify System to verify the
employment eligibility of all newly hired employees by the Contractor effective, January 1, 2021, and
requiring a ll Subcontractors to provide an affidavit attesting that the Subcontractor does not employ ,
contract with, o r subcontract with, an un a uthorized alien. Failure to comply may lead to termination of
this Contract, or if a Subcontractor knowingly v iolates the statute, the s ubcontract mu st be terminated
immediately. Any challenge to termination under this provis ion must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination, and the Contractor ma y be liable for
any additional costs incurred by the County re su lting from the termination of the Contract. If thi s
Contract is terminated for a violation of the statute by the Contractor, the Contractor may no t be
awarded a public contract for a period of one year after the date of termination. Public and private
employers mu st enro ll in the £-Verify System (http://www.uscis.gov/e-verify) and retain the 1-9 Forms
for in spection.
AJI terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended.
By s igning below, the Vendor agrees to this Modification of Contract.
~or .
Bx~,,_k
N ame: U-NETT: y Ht,4t2,0X;v(
Title: Owt!EB (5w)
(Officer / Owner)
Date: t{))x;;/.::23
C~rporate Secretary/Notary /7?1 )9 r.:ip /' -J>;?~e (~ ~)'y rt::
Corporate Seal/Notary Seal /&'?/:,2.&'7.2,?
SERVICES AGREEMENT BETWEEN
THE CITY OF HIALEAH, FLORIDA AND ALAIN SOCARRAS
This Agreement entered into this ~O~ay of Octob 11, Y-, 2023, by and
between the City of Hialeah, Florida, a municipal corporation organized and existing
under and by virtue of the laws of the State of Florida ("City"), 501 Palm A venue ,
Hialeah , Florida 33010 and Alain Socarras, ("Provider"), principal business address 2281
W. 74 Terrace, Hialeah FL 33016.
WHEREAS, the Provider has made representations to the City, and the City has
relied on Provider's representations about its experience , training, and technical
certifications to perform the services contemplated in this Agreement; and
WHEREAS, the Provider is capab le and competent to complete the Scope of
Services and has expressed its desire and willingness to provide such professional
services to the City; and
WHEREAS, the City, having investigated the qualifications of the Provider to
perform a ll the work necessary to fully carry out the Scope of Services contemplated and
found the Provider to be qualified and compet ent; and
WHEREAS, the City agrees to enter into this Agreement with the Provider
pursuant to the terms and conditions set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants and obligations
herein contained, and subject to the terms and conditions hereinafter stated, the parties
hereto understood and agree as follows:
I. TERM
This Agreement is a continuing contract between the Provider and the City. The
Agreement shall commence on the date provided above and shall continue in force until
either party terminates the Agreement as provided for in Section XII or the City
terminates the Agreement pursuant to Section XIII below or one year from the
Commencement Date, whichever is earlier.
II. SCOPE OF SERVICES
A. The Pro v ider shall perform the sp ecialized and technical services r equired
of a latent fingerprint or palm print examiner which work involves the functions and tasks
identified in Exhibit A for the C ity, on an as needed when needed basis. The Provider
agrees to undertake, perform and complete all necessary work, functions and activities,
including providing all materials , supplies, or labor, that may be necessary or reasonably
inferred from this Agreement, at Provider 's so le cost and expense, to provide the
contemplated services under this Agreement, whether or not the work, function, activity,
materia l, supply or labor is specifically identified and r equired in this Agreement, with
EXHIBIT
i __ .... B~--
Professional Services Agreement-Latent Print Examiner Page2
the exception that the City shall provide Provider with a workstation and the necessary
security clearances to access the necessary law enforcement databases to complete the
services. Provider must obtain prior written approval from the City prior to performing
services that are outside the Scope of Services. The City shall not pay for any cost or
expense not otherwise expressly contemplated herein, including but not limited to meals,
travel or lodging expenses.
III. COMPENSATION AND PAYMENT TERMS
A. The amount of compensation for services rendered on an hourly basis
shall be paid at a rate of $55.00 for each hour with time for work spent performing a
service. In the event services exceed 40 hours per week ( excluding court time) the
Provider will be compensated at an hourly rate of $67.50. Payment is for work actually
performed. The total amount of compensation for all work performed under this
Agreement during any fiscal year shall not exceed 1,750 hours or $87,500.00. When
providing services on an hourly basis, Provider shall bill the City for the work performed
on a weekly basis providing detail account of the services and time billed per assignment
with sufficient specificity to allow the City to verify the time billed and Services
rendered. The City shall pay all invoices within 30 days from receipt upon confirmation
that all services billed for have been satisfactorily completed.
B. The City shall not withhold federal income or employment taxes from the
compensation or amounts paid to the Provider under this Agreement. The City will
report the amount of compensation paid to Provider during each year under this
Agreement to the Internal Revenue Service ("IRS") on Form 1099. Provider herein
expressly acknowledges that the City has not made any representations about the tax
consequences associated with any payments made to Provider pursuant to this
Agreement. Provider understands and agrees that should the IRS, or any other taxing
authority or other federal, state or local agency assert, argue or determine that any money
received or paid pursuant to this Agreement is taxable wages, income or benefits of any
kind, the Provider will be solely and individually responsible for all tax consequences of
the payments received pursuant to this Agreement, including but not limited to the
payment of any and all taxes, contributions ( either from the Provider or the City or both)
or withholdings, and any related attorney's fees, interest, costs, penalties or other charges,
regardless of whether the City should have withheld or paid such taxes or made such
contributions (including Social Security or Medicare). The Provider hereby expressly
waives any claim to and shall indemnify, reimburse and hold the City harmless for any
and all taxes, contributions, withholdings, fees, attorney's fees, interest and/or penalties
owed or claimed to be owed by the IRS on these amounts and assume any and all liability
for all such taxes, interest or penalties against the City. The Provider will also indemnify
the City for any and all costs, interest and attorney's fees paid or owed by the City as a
result of any claim made by any federal, state or local agency for taxes, penalties, costs,
interest, fees or contributions that allegedly are owing as a result of the amounts paid to
the Provider under this Agreement.
Professional Services Agreement-Latent Print Examiner Page 3
IV. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS
Provider warrants that the material supplied and services performed under this
Agreement or any Statement of Work shall comply with all applicable laws, ordinances,
codes, rules and regulations of federal, state and local governments.
V. GENERAL CONDITIONS
All notices or other communications which shall or may be given pursuant to this
Agreement shall be in writing and shall be delivered by personal service, or by certified
mail addressed to the other party at the address indicated below or as the same may be
changed from time to time. Such notice shall be deemed given on the day on which
personally served; or if by certified mail, on the postmark date.
CITY
George Fuente
Chief of Police
City of Hialeah, Florida
5555 LeJeune Road
Hialeah, FL 33013
Telephone: 305-953-5300
PROVIDER
Alain Socarras
Certified Latent Print Examiner
2281 W 74 Terrace
Hialeah, FL 33016
Telephone: (305) 303-2980
E-mail: As3 l23@hialeahfl.gov
V. OWNERSIDP OF DOCUMENTS; RIGHTS IN WORK PRODUCT
A. All documents developed by the Provider under this Agreement shall be
delivered to City by the Provider upon completion of the services required pursuant to
Section II hereof and shall become the property of City, without restriction or limitation
of its use.
B. All materials, documents, information, hardware and software supplied by
Provider to City are and shall remain the exclusive property of the City. Provider hereby
assigns all rights, title and interest in and to all work made for hire. Provider shall
provide all necessary and reasonably assistance required to perfect the rights in such
work. It is further understood by and between the parties that any information, writings,
tapes, maps, contract documents, reports or any other matter whatsoever which is given
by City by the Provider pursuant to this Agreement shall at all times remain the property
of the City and shall not be used by the Provider for any other purposes whatsoever
without the written consent of the City.
C. At the City's request or upon the termination of this Agreement, Provider
agrees to stop using and to immediately return to the City all equipment, tools or facilities
furnished to Provider.
Professional Services Agreement-Latent Print Examiner Page4
D. Provider warrants that Provider shall perform all services in a professional
manner, in accordance with the standards of the profession, and that all services shall
comply with the descriptions and representations contained in this Agreement.
E. During the Term of this Agreement, Provider may be exposed to
information which is confidential or proprietary to the City. This information includes,
but is not limited to, trade secrets, exposure to entities with which the City has a
contractual relationship; information classified as personal or confidential by contract, by
law, and any other information that a reasonable person would understand to be of a
confidential or proprietary nature ("Confidential Information"). During the Term of this
Agreement, or at any time thereafter, Provider shall not use for Provider's own benefit, or
for the benefit of any other person or entity, Confidential Information which Provider has
acquired in the course of performing this Agreement, except as may be necessary in the
performance of this Agreement. Provider agrees to be bound by all obligations of
nondisclosure the City has assumed by contract, or law and may require Provider sign a
non-disclosure agreement similar in scope should the City's contractual obligations
require Provider to do so. Provider shall abide by and use all reasonable security
measures, controls or protocols, adopted by the City to prevent unauthorized access, use,
misuse, disposal or disclosure of and ensure the security, integrity, confidentiality and
privacy of the Confidential Information Provider obtains from the City in the provision of
Services.
VI. NONDELEGABLE
The Provider acknowledges that in entering upon this Agreement, the City has
relied upon the Provider's professional background and experience, including any prior
experience in providing these or other similar services to the City. As such, the duties
and obligations undertaken by the Provider pursuant to this Agreement shall not be
delegated or assigned to any person or entity, in whole or in part, unless the City shall
first consent in writing to the performance or assignment of such service or any part
thereof by another person or entity. In any instance where Provider desires to effect an
assignment, or delegate any right or responsibility of, or subcontract for performance
under this Agreement, Provider shall provide to the City all documents and information
that the City may reasonably request to allow the City to evaluate whether the proposed
assignee, delegate, or subcontractor has the integrity, reliability, experience and
capability in all respect to fully perform in good faith. Consent shall not be unreasonably
withheld, and all subcontractors or assignees shall be governed by the terms and
conditions of this Agreement. Provider shall not be relieved of any performance
obligations under this Agreement by virtue of an assignment, delegation or subcontract.
VII. AW ARD OF AGREEMENT
The Provider warrants that Provider has not employed or retained any person
employed by the City to solicit or secure this agreement and that it has not offered to pay,
Professional Services Agreement-Latent Print Examiner Page 5
paid, or agreed to pay any person employed by the City any fee, commission, percentage,
brokerage fee, or gift of any kind contingent upon or resulting from the award of this
agreement.
VIII. CONSTRUCTION OF AGREEMENT
This agreement shall be construed and enforced according to the laws of the State
of Florida. Venue for any litigation, which may arise in connection with this Agreement,
shall be in Miami-Dade County, Florida. The Provider agrees to be subject to the
jurisdiction (subject matter and in personam) of the courts in Miami-Dade County,
Florida and amenable to process.
IX. CONFLICT OF INTEREST
A. Provider covenants that no person employed by Provider who presently
exercises any functions or responsibilities on behalf of the City in connection with this
Agreement has any personal financial interests, direct or indirect, with Provider.
Provider further covenants that, in the performance of the Agreement, no person having
such conflicting interest shall be employed. Any such interest on the part of the Provider
or its employees must be disclosed in writing to the City.
B. Provider is aware of the conflict of interest laws of the City, Hialeah Code,
ch. 26, Art I and II; Miaµri-Dade County, Florida, Code of Miami-Dade County, Florida
§ 2-11.1 et seq.; and the State of Florida, Chapter 112, Part III, Florida Statutes and
agrees that it shall fully comply in all respects with the terms of said laws.
X. INDEPENDENT CONTRACTOR
It is the intent of the Parties that Provider, its employees, agents or
representatives, shall be deemed to be independent contractors and not agents or
employees of the City. The City shall have no obligation to pay or provide for Provider
other than for compensation for Services rendered pursuant to this Agreement. Provider
shall not attain any rights or benefits under the civil service or pension ordinances of the
City, or any rights generally afforded classified or unclassified employees of the City,
such as pension benefits, worker's compensation, health insurance, unemployment
benefits or any other right, benefit, or privilege granted to the City's officers and
employees. Provider agrees that it is a separate and independent enterprise from the City,
that it has full opportunity to find other businesses, that it makes its own investment in its
business, and that it will utilize a high level of skills necessary to perform the Scope of
Services. This Agreement shall not be construed as creating a joint employment
relationship between Provider and the City. Therefore, the City shall not be liable for any
obligation incurred by Provider, including but not limited to, unpaid minimum wages
and/or overtime premiums.
Professional Services Agreement-Latent Print Examiner Page 6
XI. PUBLIC RECORDS
Provider shall comply with all applicable requirements contained in the Florida
Public Records Law (Chapter 119, Florida Statutes), including any applicable provisions
in Section 119.0701, Florida Statutes. To the extent that Provider and this Agreement are
subject to the requirements in Section 119.0701, Florida Statutes, and to the extent
Provider retains records not otherwise transferred to the City pursuant to this Agreement,
the Contractor shall:
A. Keep and maintain public records required by the City to perform the
services provided hereunder.
B. Upon request from the City's custodian of public records, provide the
City with a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,
Florida Statutes, or as otherwise provided by law.
C. Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed, except as authorized by
law for the duration of the term of this Agreement and following completion of this
Agreement if the Contractor does not transfer the records to the City.
D. Upon completion of the Agreement, transfer, at no cost, to the City all
public records in the possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public records
to the City upon completion of the Agreement, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the Agreement, the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request
from the City's custodian of public records, in a format that is compatible with the
information technology systems of the City.
If Provider fails to comply with the requirements in this Section, the City may enforce
these provisions in accordance with the terms of this Agreement. If Provider fails to
provide the public records to the City within a reasonable time, it may be subject to
penalties under Section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO TIDS AGREE:MENT, THE
CONTRACTOR SHOULD CONTACT THE CITY'S CUSTODIAN OF PUBLIC
RECORDS: THE CITY CLERK, BY TELEPHONE (305/883-5820), E-MAIL
Professional Services Agreement-Latent Print Examiner Page 7
(CityClerk@bialeahfl.gov), OR MAIL (CITY OF HIALEAH, OFFICE OF THE
CITY CLERK, 501 PALM A VENUE, 3RD FLOOR, HIALEAH, FLORIDA 33010).
XII. INDEMNIFICATION
Provider shall be fully liable for the actions of its agents, employees, partners or
subcontractors and shall fully, for itself, its successors, assigns, executors, administrators,
and anyone else who might attempt to sue on Provider's behalf, waive, release, hold
harmless, indemnify, covenant not to sue, agree to defend, and forever discharge the City
of Hialeah, its officers, elected or appointed, directors, employees, agents, attorneys,
contractors and all other persons, entities, organizations and corporations affiliated
therewith ( all of whom constitute the "Released Parties") from any and all kinds of claims,
suits, causes of action, damages, losses, liabilities, costs or expenses, including court costs
and attorney's fees at all level of proceedings (including appellate level), and any
judgments, orders or decrees entered thereon or resulting therefrom, for any personal
injury, loss of life, damage to property, or any other liability, loss, cost or expense of any
kind ( collectively "Claims"), arising out of, resulting from, or relating to services to be
provided pursuant to this Agreement or Provider's exercise of any right or discharge of
any obligation pursuant to the terms of this Agreement, except for Claims caused or
resulting from the sole negligent acts or omissions of the Released Parties. This Section
shall survive the termination of this Agreement.
XIII. LIMITATION OF LIABILITY
The City's total liability to the Provider for any and all liabilities, claims, or
damages arising out of or relating to this Agreement, howsoever caused and regardless of
the legal theory asserted, including but not limited to breach of contract, tort, strict
liability, statutory liability or otherwise, shall not in the aggregate, exceed the amount of
$87,500.00.
In no event shall the City be liable to the Provider for any punitive, exemplary,
special, indirect, incidental, or consequential damages (including, but not limited to, lost
profits, lost business opportunities, loss of use or equipment down time, and loss of or
corruption of data) arising out of or relating to this Agreement, regardless of the legal
theory under which such damages are sought, and even if the parties have been advised of
the possibility of such damages or loss. The City may, in addition to other remedies
available to the City at law or equity and upon notice to Provider, retain such monies
from amounts due Provider or set off any liability or other obligation to Provider as may
be necessary to satisfy any Claim asserted against the City.
XIV. TERMINATION FOR CONVENIENCE
The City retains the right to terminate this Agreement, for any reason or no cause
at all, upon 10 days written notice prior to the completion of the Services required
pursuant to Section II without penalty to the City. In that event, notice of termination of
Professional Services Agreement-Latent Print Examiner Page 8
this Agreement shall be in writing to Provider who shall be paid for those Services
perfonned prior to the date of its receipt of the notice of termination. In no case,
however, will City pay the Provider an amount in excess of the total sum provided by this
Agreement.
It is hereby understood that any payment made to the Provider in accordance with
this section shall be made only if the Provider is not in default under the terms of this
agreement. If Provider is in default, then the City shall in no way be obligated to pay and
shall not pay the Provider any sum.
Notwithstanding any other provision in this Agreement, the City shall not be
obligated for Provider's performance hereunder or by any provision of this Agreement
during any of the City's future fiscal years unless and until the City Council appropriates
funds for this Agreement in the City's budget for each such future fiscal year. In the
event that funds are not appropriated for this Agreement, then this Agreement shall
terminate as of September 30 of the last fiscal year in which funds were appropriated.
The City shall notify Provider in writing of any such non-allocation of funds at the
earliest possible date.
XV. TERMINATION UPON DEFAULT
A. This Agreement may be terminated for cause if:
1. Provider fails to comply and/or perform in accordance with this Agreement;
or
2. Provider files a voluntary petition in bankruptcy or reorganization, or makes
any assignment for the benefit of creditors, or seeks any similar relief under
any present or future statute, law or regulations relating to relief of debtors;
or
3. Provider is adjudicated bankrupt or has any involuntary petition in
bankruptcy filed against Provider
Provider causes or commits one or more of the foregoing acts or events that would give
rise to termination for cause, then, Provider shall be in default of this Agreement.
B. Default and Notice to Cure: Before the City terminates this Agreement
pursuant to this subsection B, it shall give written notice to the Provider that a default
exists which will, unless corrected, constitute an event of default. The notice shall inform
the Provider that this Agreement shall be terminated unless the default is cured within
seven (7) calendar days following the Provider's receipt of the notice. If a cure cannot
reasonably be effected within seven (7) days despite the exercise of due diligence, the
Provider may request an extension of the cure period in writing providing a detailed
explanation why the cure cannot be completed within seven (7) days. The request shall be
Professional Services Agreement-Latent Print Examiner Page 9
delivered prior to the expiration of the cure period. If the Provider's request is reasonable,
as determined by the City's representative or his/her designee, the time to cure the default
shall be extended for such additional time as in the City's discretion is reasonably
necessary to effect a cure, provided that the Provider exercises continuous diligent efforts
to cure the default during the extended cure period. If the Provider fails to cure the default
within the cure period, or fails to exercise continuous diligent efforts to cure the default,
the City may terminate this Agreement without penalty to the City. The termination shall
take effect as of the date specified in the notice of default provided by the City. Upon
termination, the City may cure the default at the expense of the Provider, and have
recourse to every other right and remedy to which the City is entitled under this
Agreement, at law, or in equity.
C. Effect of Termination: It is hereby understood that any payment made to
the Provider pursuant to this Agreement shall be made only if the Provider is not in default
under the terms of this Agreement. If the Provider is in default, then the City shall in no
way be obligated to pay and shall not pay the Provider any sum. Payments made to the
Provider while the Provider is in default of the provisions contained herein shall be
returned forthwith to the City. The City shall have all recourse and remedy available to it
at law or in equity to recover any damages if suffers caused by Provider's breach. Upon
termination for cause, the City shall have no further obligation to Provider under this
Agreement.
XVI. NONDISCRIMINATION
Provider represents and warrants to City that Provider does not and will not
engage in unlawful discriminatory practices and that there shall be no unlawful
discrimination in connection with Provider's performance under this Agreement on
account of race, color, sex, gender, religion, age, handicap, disability, marital status,
national origin, ancestry, familial status, or sexual orientation.
XVII. ENTIRE AGREEMENT
This agreement and its attachments and exhibits constitute the sole and only
Agreement of the parties and accurately set forth the rights, duties, and obligations of
each to the other. Any prior agreements, promises, negotiations, or representations not
expressly set forth in this agreement are of no force and effect.
XVIII. AMENDMENT
No amendments to this agreement shall be binding on either party unless in
writing and signed by both parties.
XIX. MISCELLANEOUS
A. Captions, title and paragraph headings are for convenient reference and are
not a part of this agreement. Such captions, title or paragraph headings shall not be
Professional Services Agreement-Latent Print Examiner Page 10
deemed in any manner to modify, explain, enlarge or restrict any of the provisions
contained in this agreement.
B. In the event of conflict between the terms of this agreement and any terms or
conditions in any attached document; the terms in this agreement shall prevail.
C. No waiver or breach of any provision of this agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and no
waiver shall be effective unless made in writing.
D. Should any provisions, paragraph, sentence, work or phrase contained in this
agreement be determined by a court of competent jurisdiction to be invalid, illegal or
otherwise unenforceable under the laws of the State of Florida, or any other governmental
agency having subject matter jurisdiction such provisions, paragraphs, sentences, words
or phrases shall be deemed modified to the extent necessary in order to conform with
such laws, or if not modifiable to conform with such laws, then same shall be deemed
severable, and in either event, the remaining terms and provisions of this agreement shall
remain unmodified and in full force and effect.
E. All rights, obligations and provisions that by their nature are to be performed
after any termination of this Agreement, shall survive any such termination.
F. The exclusive jurisdiction for any legal proceeding regarding this
Agreement shall be in the state or federal courts located in the State of Florida, in and for
Miami-Dade County and each party hereto expressly submits to the jurisdiction of said
courts and hereby waives any objections to venue in such courts.
G. Further Assurances. All parties hereto upon the request of any other party
shall execute such further instruments or documents as may be reasonably required by the
requesting party to implement the terms, conditions and provisions of this agreement.
XX. EMPLOYEE ELIGIBILITY VERIFICATION
Provider shall execute and submit the affidavit as prescribed by the City,
affirming that the provider does not knowingly employ any person in connection with the
contracted services who does not have the legal right or authorization under federal law
to work in the United States as defined in 8 U.S.C. § 1324a(h)(3). Provider shall provide
and executed E-Verify affidavit to establish compliance with F.S. 448.095 requirements.
A sample affidavit to be submitted to the City is attached.
(THE REMAINDER OF THIS PAGE IS LEFT BLANK. IT IS FOLLOWED BY THE
SIGNATURE PAGE.)
Professional Services Agreement-Latent Print Examiner Page 11
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be
executed by the respective officials thereunto duly authorized, this the day and year first
above written.
Attest:
Marbelys Fatjo
City Clerk
Approved as to form and legal sufficiency:
Rafael Suarez-Rivas, City Attorney
City of Hialeah, Florida
501 Palm Avenue
Hialeah, Florida 33010-0040
Authorized signature on behalf of
City of Hialeah
Mayor Esteban Bovo Date
Signed, sealed and delivered PROVIDER
izres~ ~l~~~~~~~~ ~ Alain Socarras
Typed/printed name: '9ev£ZL Y. Ha/L1£l:ot(
.4A1t~ Witness
Typed/printed name: Ai ) ~q Ae J ~ 1.(5
\
Professional Services Agreement-Latent Print Examiner
EXHIBIT A
SCOPE OF SERVICES
Page 12
The PROVIDER shall provide the following professional services for the City of Hialeah
Police Department, hereinafter referred to as the "DEPARTMENT''.
1. The PROVIDER shall examine and evaluate latent fingerprints recovered on an
"as needed" basis as determined by the DEPARTMENT by personnel of the
Crime Scene Investigation Unit. Those latent fingerprints that are found to be of
value by the PROVIDER and with the concurrence of the Supervisor of the
Criminal Identification Section will be searched against databases maintained or
accessible by the DEPARTMENT.
2. The PROVIDER shall search all latent fingerprints evaluated to be of value. A
PROVIDER in this classification must be familiar with standard search methods,
such as Area Search, Master File Search and Automated Fingerprint Identification
System (A.F.I.S.) Search. The PROVIDER must be familiar with A.F.I.S.,
including but not limited to, minutiae input, pattern evaluation and finger priority.
3. The PROVIDER shall receive and accept supervision and assignments from the
Supervisor in charge of the Criminal Identification Section both orally and in
writing, and work is reviewed by observation, monitoring of the PROVIDER'S
operations, and the review of reports and identifications.
4. The PROVIDER shall furnish the DEPARTMENT with completed invoices
reflecting the hours worked and signed by the PROVIDER performing the service
within ten (10) working days.
5. The PROVIDER, as assigned, will process latent evidence and complete written
reports, returning same to the DEPARTMENT in an expeditious and timely
manner.
6. The PROVIDER shall be responsible for filing of their own work as it pertains to
the DEPARTMENT'S latent and fingerprint files at the DEPARTMENT.
7. The PROVIDER will provide expert testimony on casework as required,
including but not limited to court testimony, at State Attorney and/or U.S.
Attorney's Office conferences, at depositions, at Internal Conferences with the
DEPARTMENT Investigators and Staff or where needed to effectively perform
their duties as PROVIDER. The PROVIDER is required to check with the
DEPARTMENT'S Court Liaison Section for subpoenas and to provide them with
updated contact information and adequate notice of unavailability.
E -VERIFY AFFIDAVIT
In accordance with the State of Florida 's enactment of Senate Bill No. 664, amending Section 288.061,
Florida Statute, titled "Economic Development Incentive Application Process," and creating Section
448 .095, Florida Statute, titled "Verification of Employment Eligibility," this Contract Modification,
when properly executed, shall become part of the Contracts itemized below, and shall incorporate the
following provision:
VERIFICATION OF EMPLOYMENT ELIGIBILITY (E-VERIFY)
By entering into this Contract, the Contractor becomes obligated to comply with the provi s ions of
Section 448.095, Florida Statute, titled "Verification of Employment Eligibility." This in c lud es but is
not limited to utilization of the U.S. Department of Ho me land Security's E-Verify System to verify the
employment eligibility of all newly hired employees by the Contractor effective, January 1, 2021, and
requiring all Subcontractors to provide an affidavit attesting that the Subcontractor does not employ,
contract with, or subcontract with , an unauthorized alien. Failure to comply may lead to termination of
this Contract, or if a Subcontractor knowingly violates the statute, the subcontract must be terminated
immediately. Any challenge to termination under this provision must be filed in the Circuit Court no
later than twenty (20) calendar days after the date of termination, and the Contractor may be liable fo r
any additional costs incurred by the County resulting from the termination of the Contract. If this
Contract is terminated for a violati on of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one year after the date of termination. Public and private
employer s must enroll in the E-Verify System (http://www.uscis.gov/e-verify) and retain the I-9 Forms
for inspection.
All terms, covenants and conditions of the original Contracts, and any Contract Modifications
issued thereto shall remain in full force and effect, except to the extent herein amended.
By signin g below, the Vendor agrees to this Modification of Contract.
4Jfii3Pactm
B _:____ -==-=------==-
Name: "A. la..~ ~~
( Officer Owner)
Date: 1 o / 3 o /2_3
r l
Corporate Secretary otary /7'? 1:;, Y>-7 , • P J:t1~ ct? (...;--z.,~-/Cc
Corporate Seal/Notary Seal
/tfJ -?/ ·.2~.2,?