Deerfield-News.com-Deerfield Beach, Fl-Those nice folks over at Calvin and Giordano sure look like they have a nice deal. According to documents produced by Deerfield Beach the citizens have paid them-All Banks/Checks Total # of Checks 96 = $17,399,524.43.Not a bad gig if you can get it. Few guys driving around in SUV’s handing out tickets breaking the citizens’ balls.
ASIDE FROM ALL OF THE NEARLY $17.5 MILLION IT SEEMS WE HAVE NEPOTISM WITH CERTAIN FAMILY MEMBERS WHO ARE CITY EMPLOYEES STAY TUNED.
Here are the contract and resolution with Deerfield Beach.-
-RESOLUTION NO. 2015/ 129
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DEERFIELD BEACH, FLORIDA, APPROVING THE AWARD OF A
CONTRACT TO CALVIN GIORDANO & ASSOCIATES, INC. FOR
COMPREHENSIVE CODE COMPLIANCE SERVICES; PROVIDING FOR
EXECUTION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City has determined that it is in its best interest to out – source
the provision of Comprehensive Code Compliance Services; and
WHEREAS, RFP # 2015 -15/ 33 ( the RFP) was issued to obtain proposals from firms
who could provide full turnkey code compliance services within the administrative structure of the
City and serve as the Code Enforcement Division for the City; and
WHEREAS, pursuant to the RFP, the CITY accepted competitive proposals for
Comprehensive Code Compliance Services (the Services); and
WHEREAS, the Services are delineated in the RFP; and
WHEREAS, after evaluation the CITY has determined that the most responsive and
responsible proposal was submitted by Calvin Giordano & Associates, Inc. and that Calvin
Giordano & Associates, Inc. has the necessary resources, experience and ability to perform the
contract at a competitive price.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DEERFIELD BEACH, FLORIDA, AS FOLLOWS:
Section 1. Each and every Whereas clause set forth above is a true and
correct recital and representation and is incorporated herein as if set forth fully.
Section 2. The City Commission hereby approves the contract between the
City and Calvin Giordano & Associates, Inc. ( Calvin) in substantially the form
attached hereto and made a part hereof as Exhibit ” A” and hereby authorizes the City
Manager to execute all documents in connection therewith on behalf of the City.
Calvin shall function as the C ode Compliance Division for the City of Deerfield Beach
and provide the services as required of the City’ s Code Enforcement and Compliance
Division and the administrative organization ofthe City. The FY2016 -2017 City budget
ordinance shall reflect this outsourcing ofservices.
Section 3. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED THIS 16TH DAY OF JUNE, 2015.
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CONTRACT
THIS CONTRACT is entered into by and between the CITY OF DEERFIELD BEACH ( CITY), a
municipal corporation and Calvin Giordano & Associates, Inc., a Florida corporation ( CONTRACTOR),
as follows
WITNESSETH:
WHEREAS, pursuant to RFP # 2015 -15/ 33 ( the RFP) the CITY accepted competitive proposals
for comprehensive, turnkey Code Compliance Services (the Services); and
WHEREAS, the Services are delineated in the RFP; and
WHEREAS, this Contract, the RFP and the CONTRACTOR’ s Response constitute the entire
Contract and describe the Services to be provided; and
WHEREAS, after evaluation the CITY has determined that the most responsive and responsible
proposal was submitted by CONTRACTOR and that CONTRACTOR has the necessary resources,
experience and ability to perform the contract at a competitive price and to function as the Building
Department for the CITY and provide the services as required of the CITY’s Code Enforcement division
and the administrative organization of the City; and
WHEREAS, the CITY has awarded the contract to CONTRACTOR for the Services on
June 16 , 2015 , Resolution No 2015 / 129;
NOW THEREFORE, be it agreed by and between the parties as follows:
ARTICLE I
INTRODUCTION AND SCOPE OF SERVICES
1. 1 The above referenced Whereas clauses are true and correct and made a part hereof.
1. 2 This Contract, the RFP, together with the response to the RFP of CONTRACTOR shall constitute
the entire Contract, except to the extent specifically set forth on Attachment “A” Additional Terms
and Conditions attached hereto and made a part hereof. The parties agree that the scope of
services is a description of CONTRACTOR’ s obligations and responsibilities and is deemed to
include preliminary considerations and prerequisites, and all labor, materials, equipment, and
tasks which are such an inseparable part of the work described that exclusion would render
performance by CONTRACTOR impractical, illogical, or unconscionable.
1. 3 Except as specifically modified herein, CONTRACTOR shall be bound by the terms and
conditions and prices as set forth in the RFP and the CONTRACTOR’S Response to the RFP.
When the terms and conditions of this Contract may be read as consistent with the RFP, then
and in that respect, the terms of both the RFP and this Contract shall be read as being consistent
and shall be binding on both parties. Where terms and conditions of this Contract contradict
anything as set forth in the RFP or the response to the RFP, then the terms and conditions of this
Contract shall be binding and in full force and effect to the extent of any inconsistency.
1. 4 This is a non – exclusive contract. The CITY may, in its sole and absolute discretion, utilize other
parties to provide any of the services listed in the RFP, or any aspect of the Services if the CITY
deems it to be in the best interest of the CITY.
1. 5 CONTRACTOR acknowledges and agrees that the Contract Administrator has no authority to
make changes that would increase, decrease, or otherwise modify the Scope of Services to be
provided under this Contract.
ARTICLE 2
TERM AND TIME OF PERFORMANCE
2. 1 The contract term shall be for a term of five ( 5) years commencing on a date ninety ( 90) days, or
less, after this Contract is fully executed by CITY and CONTRACTOR ( “Effective Date). This
Contract may be extended by the parties for one ( 1) additional five ( 5) year term. Should
CONTRACTOR elect to not extend this Contract, it must give the CITY written notice of such
election no less than one hundred and eighty ( 180) days prior to the expiration of the term.
2. 2 Time shall be deemed to be of the essence in performing the duties, obligations and
responsibilities required by this Contract.
ARTH -1 F ‘ I
COMPENSATION
3. 1 CITY agrees to compensate CONTRACTOR for its services in the manner specified in Exhibit A,
the amounts set forth in Exhibit A for work actually performed and completed pursuant to this
Contract, which amount shall be accepted by CONTRACTOR as full compensation for all such
work. It is acknowledged and agreed by CONTRACTOR that this amount is the maximum
payable and constitutes a limitation upon CITY’s obligation to compensate CONTRACTOR for its
services related to this Contract. This amount, however, does not constitute a limitation, of any
sort, upon CONTRACTOR’ s obligation to perform all items of work required by or which can be
reasonably inferred from the Scope of Services. No amount shall be paid to CONTRACTOR to
reimburse its expenses.
3. 2 If the RFP provides that the CONTRACTOR shall make payment to the CITY, such payment
shall be made in conformance with the requirements set forth within the RFP.
3. 3 The CONTRACTOR and the CITY shall abide by the Local Government Prompt Payment Act, FL
SS. 218. 70- 218. 80.
ARTIrI F A
TERMINATION OR SUSPENSION
4. 1 This Contract may be terminated for convenience by the CITY. Termination for convenience by
the CITY shall be effective on the termination date stated in written notice provided by CITY,
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which termination date shall be not less than thirty ( 30) days after the date of such written notice.
This Contract may also be terminated by the City Manager upon such notice as the City Manager
deems appropriate under the circumstances in the event the City Manager determines that
termination is necessary to protect the public health or safety. The parties agree that if CITY
erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a
termination for convenience, which shall be effective thirty ( 30) days after such notice of
termination for cause is provided.
4.2 This Contract may be terminated for cause for reasons including, but not limited to,
CONTRACTOR’ s repeated ( whether negligent or intentional) submission for payment of false or
incorrect bills or invoices, failure to suitably perform the work; or failure to continuously perform
the work in a manner calculated to meet or accomplish the objectives as set forth in this
Contract.
4. 3 Notice of termination shall be provided in accordance with the ” NOTICES” section of this
Contract except that notice of termination by the City Manager, which the City Manager deems
necessary to protect the public health, safety, or welfare may be verbal notice that shall be
promptly confirmed in writing in accordance with the ” NOTICES” section of this Contract.
4.4 In the event this Contract is terminated for convenience, CONTRACTOR shall be paid for any
services properly performed under the Contract through the termination date specified in the
written notice of termination. CONTRACTOR acknowledges and agrees that it has received
good, valuable and sufficient consideration from CITY, the receipt and adequacy of which are,
hereby acknowledged by CONTRACTOR, for CITY’s right to terminate this Contract for
convenience.
4.5 In the event this Contract is terminated for any reason, any amounts due CONTRACTOR shall
be withheld by CITY until all documents are provided to CITY pursuant to Section 6. 1 of Article 6.
4.6 Should at any time during the term of this contract, including any option terms, the
CONTRACTOR is in violation of any of the terms and conditions of this contract, the City shall
have the right to suspend the CONTRACTOR until the violation is resolved to the satisfaction of
the City. If the violation is not promptly resolved or is of such serious nature that the City
determines that suspension is not adequate, the City reserves the right to terminate for cause.
4.6. 1 In the event the CONTRACT is terminated, the City may assign the contract to another
CONTRACTOR, or seek a new CONTRACTOR, until the contract is re -let, or until the
end of the contract term then in effect, at its sole option and shall reserve all legal
remedies for damages and other relief.
ARTICLE 5
EEO AND ADA COMPLIANCE
5. 1 CONTRACTOR shall not unlawfully discriminate on the basis of race, color, national origin, sex,
religion, age, political affiliation or disability in the performance of this Contract, the solicitation for
or purchase of goods or services relating to this Contract, or in subcontracting work in the
performance of this Contract. CONTRACTOR shall include the foregoing or similar language in
its contracts with any subcontractors or subconsultants authorized by CITY, except that any
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project assisted by the U. S. Department of Transportation funds shall comply with the nondiscrimination requirements in 49 C. F. R. Parts 23 and 26, as amended. Failure to comply with
the foregoing requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy as CITY deems appropriate.
5. 2 CONTRACTOR shall not unlawfully discriminate against any person in its operations and
activities or in its use or expenditure of funds in fulfilling its obligations under this Contract.
CONTRACTOR shall affirmatively comply with all applicable provisions of the Americans with
Disabilities Act (ADA) in the course of providing any services funded by CITY, including Titles I
and II of the ADA ( regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take affirmative steps
to ensure nondiscrimination in employment against disabled persons.
ARTICLE 6
MISCELLANEOUS
6. 1 RIGHTS IN DOCUMENTS AND WORK
Any and all reports, photographs, surveys, and other data and documents provided or created in
connection with this Contract are and shall remain the property of CITY; and, if a copyright is
claimed, CONTRACTOR grants to CITY a non – exclusive license to use the copyrighted item( s)
indefinitely, to prepare derivative works, and to make and distribute copies to the public. In the
event of termination of this Contract, any reports, photographs, surveys, and other data and
documents prepared by CONTRACTOR, whether finished or unfinished, shall become the
property of CITY and shall be delivered by CONTRACTOR to the Contract Administrator within
seven ( 7) days of termination of this Contract by either party. Any compensation due to
CONTRACTOR shall be withheld until all documents are received as provided herein.
6. 2 AUDIT RIGHT AND RETENTION OF RECORDS
CITY shall have the right to audit the books, records, and accounts of CONTRACTOR and its
subcontractors that are related to this Project. CONTRACTOR and any subcontractors
authorized by CITY shall keep such books, records, and accounts as may be necessary in order
to record complete and correct entries related to the Project. All books, records, and accounts of
CONTRACTOR and any CITY authorized subcontractors shall be kept in written form, or in a
form capable of conversion into written form within a reasonable time, and upon request to do so,
CONTRACTOR or any CITY authorized subcontractor, as applicable, shall make same available
at no cost to CITY in written form.
CONTRACTOR and any CITY authorized subcontractors shall preserve and make available, at
reasonable times for examination and audit by CITY, all financial records, supporting documents,
statistical records, and any other documents pertinent to this Contract for the required retention
period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended
from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a
minimum period of three ( 3) years after termination of this Contract. If any audit has been
initiated and audit findings have not been resolved at the end of the retention period or three ( 3)
years, whichever is longer, the books, records, and accounts shall be retained until resolution of
the audit findings. If the Florida Public Records Act is applicable to CONTRACTOR’s and its
subcontractors’ records, CONTRACTOR and any subcontractors authorized by CITY shall
comply with all requirements thereof; specifically to:
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a. Keep and maintain public records that ordinarily and necessarily would be required by the
public agency in order to perform the service.
Provide the public with access to public records on the same terms and conditions that the
public agency would provide the records and at a cost that does not exceed the cost provided
in Chapter 119 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.
d. Meet all requirements for retaining public records and transfer, at no cost, to the public
agency all public records in possession of the contractor upon termination of the contract and
destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the
public agency in a format that is compatible with the information technology systems of the
public agency.
e. If Contractor does not comply with this section, the City shall enforce the contract provisions
in accordance with the contract and may unilaterally cancel this contract in accordance with
state law.
No confidentiality or non – disclosure requirement of either federal or state law shall be violated by
CONTRACTOR or any CITY authorized subcontractors. Any incomplete or incorrect entry in
such books, records, and accounts shall be a basis for CITY’s disallowance and recovery of any
payment upon such entry.
CONTRACTOR shall, by written contract, require its subcontractors, if any, to agree to the
requirements and obligations of this Section 6. 2.
6. 3 COMPLAINTS AND DISPUTES: All complaints concerning misconduct on the part of the
Contractor or disputes between City staff and the Contractor are referred to the City Manager or
his designee, who shall conduct investigations and inquiries, including discussions with the
Contractor and involved staff. The determinations of the City Manager or designee shall be
binding upon the parties, and failure of the CONTRACTOR to follow any such determination
could be considered a material breach and subject the CONTRACTOR to termination for cause.
The CONTRACTOR agrees that any complaints received by the City concerning misconduct on
the part of the CONTRACTOR, such as, for purposes of example only and not by way of
limitation, excessive charges, poor business practices etc., will be referred to the Office of the
City Manager for appropriate action. The CONTRACTOR agrees to make any complaints
concerning the City of Deerfield Beach available to the Office of the City Manager for action as
required.
6. 4 INDEPENDENT CONTRACTOR AND THIRD PARTY BENEFICIARIES
CONTRACTOR is an independent contractor under this Contract. Services provided by
CONTRACTOR shall be subject to the supervision of CONTRACTOR. In providing the services,
CONTRACTOR or its agents shall not be acting and shall not be deemed as acting as officers,
employees, or agents of CITY. Neither CONTRACTOR nor CITY intends to directly or
substantially benefit a third party by this Contract. Therefore, the parties agree that there are no
third party beneficiaries to this Contract and that no third party shall be entitled to assert a right or
claim against either of them based upon this Contract.
6. 5 NOTICES
Whenever either party desires to give notice to the other, such notice must be in writing, sent by
certified United States Mail, postage prepaid, return receipt requested, or sent by commercial
express carrier with acknowledgement of delivery, or by hand delivery with a request for a written
receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place
last specified. The place for giving notice shall remain the same as set forth herein until changed
in writing in the manner provided in this section. For the present, the parties designate the
following:
FOR CITY:
City Manager
City Hall, 150 NE 2nd Avenue
Deerfield Beach, FL 33441
With a copy to:
Andrew S. Maurodis, City Attorney
710 E. Hillsboro Blvd., Suite 200
Deerfield Beach, FL 33441
FOR CONTRACTOR:
Dennis J. Giordano, President
Calvin Giordano & Associates, Inc.
1800 Eller Drive, Suite 600
Ft. Lauderdale, FL 33316
6. 6 MATERIALITY AND WAIVER OF BREACH
CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was
bargained for at arms – length and is agreed to by the parties in exchange for quid pro quo, that
each is substantial and important to the formation of this Contract and that each is, therefore, a
material term hereof.
CITY’s failure to enforce any provision of this Contract shall not be deemed a waiver of such
provision or modification of this Contract. A waiver of any breach of a provision of this Contract
shall not be deemed a waiver of any subsequent breach and shall not be construed to be a
modification of the terms of this Contract.
6. 7 SEVERANCE
In the event a portion of this Contract is found by a court of competent jurisdiction to be invalid,
the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to
terminate this Contract. An election to terminate this Contract based upon this provision shall be
made within reso
