HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-091 Agmt Amdt # 1 w/ Calvin GiordanoTemp Reso #13818
August 24, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022- O�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY
OFFICIALS TO EXECUTE AMENDMENT #1 TO THE AGREEMENT WITH
CALVIN GIORDANO AND ASSOCIATES, INC., TO INCREASE THE
ANNUAL NOT TO EXCEED AMOUNT IN SECTION 1 FROM THIRTY
THOUSAND DOLLARS AND ZERO CENTS ($30,000) ANNUALLY TO
NOT TO EXCEED NINETY THOUSAND DOLLARS AND ZERO CENTS
($90,000) ANNUALLY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes provide that municipalities shall have the
governmental, corporate, and proprietary powers to enable them to conduct municipal
government, perform municipal functions, and render municipal service, and exercise any
power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac
("City") empowers the City to adopt, amend, or repeal such ordinances and resolutions
as may be required for the proper governing of the City; and
WHEREAS, the City of Tamarac desires to maintain a high level of building and
plans review inspection service; and
WHEREAS, in the event of a prolonged absence of qualified inspection and plan
review personnel the City is unable to provide these services to the construction industry;
and
WHEREAS, Calvin Giordano and Associates, Inc. has been able to provide
136965735.1
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August 24, 2022
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coverage when requested on an as needed basis; and
WHEREAS, the City previously entered into an agreement with Calvin Giordano
and Associates, Inc., via Resolution 2022-021 utilizing the piggyback agreement through
the City of Parkland executed February 23, 2022; and
WHEREAS, the Chief Building Official recommends that the City execute
Amendment #1 to the Agreement with Calvin Giordano and Associates, Inc. ("Amended
Agreement') so the City can maintain a high level of building and plans review inspection
service; and
WHEREAS, available funds exist in the Building Department Revenue budget for
said purpose; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interests of the business owners, residents, and visitors of the City of Tamarac
to authorize the appropriate City Officials to execute the Amended Agreement for
inspection, plan review, Building Official and related services to be performed by Calvin,
Giordano and Associates, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
Section 1: The foregoing recitals are true and correct and hereby adopted as
the legislative and administrative findings of the City Commission; all exhibits attached
hereto are incorporated herein and made a specific part of this Resolution.
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August 2, 2022
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Section 2: The appropriate City officials are authorized to execute the Amended
Agreement attached as Exhibit "A", with Calvin Giordano and Associates, Inc. to provide
Building Inspection Services; for a contract price not to exceed $90,000 annually for
Calvin Giordano and Associates, Inc.
Section 3: Funding is available for these inspection and plan review services in
the building fund Protective Inspections; Professional Services Account.
Section 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5: If any clause, section, other part, or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
"The remainder of this page has been left blank intentionally"
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Section 6: This Resolution shall become effective immediately upon its passage
and adoption.
ATTEST:
KIMBERLY ILLON, CMC
CITY CLERK
MICR LE J. GOME
MAYOR
RECORD OF COMMISSION VOTE:
MAYOR GOMEZ:
DIST 1: COMM. BOLTON
DIST 2: V/M GELIN
DIST 3: COMM. VILLALOBOS
DIST 4: COMM. PLACKO �S
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR
THE U&E AND RELIANCE OF THE CITY OF TAMARAC ONLY.
JO� N RjHERfN, JR.
CITY AT ORNEY
136965735.1
TAMARAC
of Tamarac The City For Your Life Purchasing Division
AGREEMENT AMENDMENT #1
BETWEEN THE CITY OF TAMARAC
. k K
CALVIN GIORDANO AND ASSOCIATES, INCORPORATED
The CITY OF TAMARAC (City) and Calvin Giordano and Associates, Inc., a
Florida Corporation, with principal offices located at 1800 Eller Drive, Suite 600, Fort
Lauderdale, FL 33316, (the "Consultant"), agree to amend the original Agreement as
follows:
Please amend the annual not to exceed amount in Section 1 from Thirty Thousand
Dollars and Zero Cents ($30,000) annually to not to exceed Ninety Thousand Dollars
and Zero Cents ($90,000) Annually.
2. Please amend the Contract Sum amount in Section 5 "Contract Sum and Payments"
from Thirty Thousand Dollars and Zero Cents ($30,000) annually to Ninety Thousand
Dollars and Zero Cents ($90,000) Annually.
3. As required by Florida Statute, Contractor reaffirms compliance with the "Scrutinized
Companies" provision as delineated in Section 13 of the "Agreement" between City and
Consultant dated March 8, 2022:
Scrutinized Companies -- 287.135 and 215.473
By execution of this Agreement Amendment, Contractor certifies that the Contractor
is not participating in a boycott of Israel. Contractor further certifies that Contractor
is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized
Companies with Activities in Sudan List, and not on the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged
in business operations in Syria. Subject to limited exceptions provided in state law,
the City will not contract for the provision of goods or services with any scrutinized
company referred to above.
Submitting a false certification shall be deemed a material breach of contract. The City
shall provide notice, in writing, to Contractor of the City's determination concerning the
false certification. Contractor shall have five (5) days from receipt of notice to refute the
false certification allegation. If such false certification is discovered during the active
contract term, Contractor shall have ninety (90) days following receipt of the notice to
respond in writing and demonstrate that the determination of false certification was
made in error. If Contractor does not demonstrate that the City's determination of false
of Tamarac
TAMARAC
The City For Your Life
Purchasina Division
certification was made in error then the City shall have the right to terminate the
contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
amended from time to time.
4. As required by Florida statutes, effective January 1, 2021, Contractor reaffirms
agreement with the requirement in Section 14 of the "Agreement" between City and
Consultant dated March 8, 2022 to use the E-Verify system in accordance with the
following provisions:
E-Verify
As a condition precedent to entering into this Agreement, and in compliance with
Section 448.095, Fla. Stat., Contractor and its sub -Contractors shall, register with and
use the E-Verify system to verify work authorization status of all employees hired after
January 1, 2021. Contractor shall require each of its sub -Contractor to provide
Contractor with an affidavit stating that the sub -Contractor does not employ, contract
with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the
sub -Contractor's affidavit as part of and pursuant to the records retention requirements
of this Agreement. City, Contractor, or any sub -Contractor who has a good faith belief
that a person or entity with which it is contracting has knowingly violated Section
448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the
person or entity. City, upon good faith belief that a sub -Contractor knowingly violated
the provisions of this section; but Contractor otherwise complied, shall promptly notify
Contractor and Contractor shall immediately terminate the contract with the sub -
Contractor. An agreement or contract terminated under the provisions of this section is
not a breach of contract and may not be considered such. Any agreement or contract
termination under the provisions of this section may be challenged pursuant to Section
448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this
Agreement by the City for a violation of this section by Contractor, Contractor may not
be awarded a public contract for at least one (1) year. Contractor further acknowledges
that Contractor is liable for any additional costs incurred by the City as a result of
termination of any contract for a violation of this section. Contractor or sub -Contractor
shall insert in any subcontracts the clauses set forth in this section; requiring the sub -
Contractors to include these clauses in any lower tier subcontracts. Contractor shall be
responsible for compliance by any sub -Contractor or lower tier sub -Contractor with the
clauses set forth in this section.
5. All other portions of the original Agreement are in effect as written.
Remainder of Page Intentionally Blank
TAMARAC
of Tamarac The City For Your Life Purchasing Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature. CITY OF TAMARAC, signing by and through its
City Manager, and CONTRACTOR, signing by and through its Vice President duly
authorized to execute same.
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Date
ATTEST:
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Signature of Corpo ate Secretary
(CORPORATE SEAL)
CITY OF TAMARAC
3 K thleen Gunn, CityVanager
2 Zy
Date
Approved as to form and legal
Lgr- Itti
Calvin Giordano and ApIciates, Inc.
Com n Name
Signature of Author epresentative
Chris Giordano
Vice PreE ident
II Zz
Date
TA�iAC
City of Tamarac The City For Your Life Purchasing Division
CORPORATE ACKNOWLEDGEMENT
STATE OF l ��
:SS
COUNTY OF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared
Chris Giordano, Vice President of Calvin Giordano and Associates, Inc. a Florida
corporation to me known to be the person(s) described in and who executed the
foregoing instrument and acknowledged before me that he/she executed the same.
r is
WITNESS my hand and official seal this. day of �. 2Q
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re df Notary Public
P
EIISEGERGEI Sta of Florida at Large
Notary Public . State of Floridar:i Commission z HH t35219or�h�` My Comm. Expires May 27, 2 225
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rint, Type or Stamp
Name of Notary Public
A. Personally known to me or
B. ❑ Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
1Z DID NOT take an oath.
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