HomeMy WebLinkAbout2024 AgreementRESOLUTION NO. R-24-19
A RESOLUTION OF THE CITY OF SEBASTIAN, FLORIDA,
APPROVING A PIGGYBACK CONTRACT WITH RMPK FUNDING,
INC. FOR THE PURCHASE OF GRANT MANAGEMENT SERVICES;
ADOPTION OF RECITALS; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10, provide
that, whenever advantageous and in the best interests of the City of Sebastian, the City may utilize bids
that have been awarded or under contract by the state, county or other governmental agencies; and
WHEREAS, RMPK Funding, Inc. has an existing contract under the City of Oakland Park,
Florida effective through March 15, 2026 (with two (2) additional three (3) year renewal periods),
attached as "Exhibit A," that the City of Sebastian is seeking to piggyback for the purchase of the
above referenced grant management services; and
WHEREAS, the City finds it is in the City's best interest to enter into an agreement to contract
between RMPK Funding, Inc. and the City of Oakland Park, Florida (a political subdivision of the
State of Florida), attached as "Exhibit B," for the purchase of grant management services when
advantageous to the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, FLORIDA:
SECTION 1. RECITALS. The above recitals are hereby found to be true and correct and are
hereby adopted as the legislative intent of the City of Sebastian, Florida.
SECTION 2. AUTHORIZATION. The City of Sebastian, Florida hereby authorizes the
piggyback coritrgct referenced above for the purchase of services specified in this Resolution, and
authorizes the Mayor or his designee and the City Clerk, as attesting witness, on behalf the City to
---issue parchase order to RMPK Funding, Inc. in an amount not to exceed $15,000, for the purchase of
grant management services and in substantial conformity with the agreement attached hereto as
"Exhibit A" and the City's supplemental agreement attached hereto as "Exhibit B."
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SECTION 3. CONFLICTS.
If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid,
unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity,
force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise
determined to be invalid, unlawful, or unconstitutional.
SECTION 4. SCRIVENER'S ERRORS
Sections of this Resolution may be renumbered or re -lettered and corrections of typographical
errors which do not affect the intent may be authorized by the City Manager or designee, without need
of further action by the City Council by filing a corrected copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall become effective immediately upon adoption by the City Council.
The foregoing Resolution was passed for adoption by Council Member McParUan was seconded
by Council Member Nunn and upon being put to a vote, the vote was as follows:
Mayor Dodd aye
Vice Mayor Dixon aye
Council Member Jones ave
Council Member McPartlan ave
Council Member Nunn ave
The Mayor thereupon declared this Resolution duly passed and adopted this t Oth day of April 2024.
ATTEST.•
&finette Williams, City Clerk
`a
CITY COUNCIL OF
SEBASTIAN, FLORIDA
Ed Dodd, Mayor
Approved as to form and
Legality:
THE CITY OF
nnif VrocCity Attorney
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EXHIBIT A
RESOLUTION NO. R-2023-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OAKLAND PARK, FLORIDA, DETERMINING THAT RMPK
FUNDING IS THE MOST RESPONSIVE AND MOST
RESPONSIBLE PROPOSER FOR GRANT MANAGEMENT
SERVICES BASED ON THE TERMS OF RFP #012623;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has sought competitive proposers for grant management
services based on the terms of RFP #012623;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OAKLAND PARK, FLORIDA, THAT:
SECTION 1. The foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission. All exhibits attached hereto are hereby
incorporated herein.
SECTION 2. The City Commission of the City of Oakland Park, Florida hereby
accepts the recommendation as submitted by City's Staff and determines that RMPK
FUNDING is the most responsible and most responsive proposer grant management
services based on the terms of RFP #012623.
SECTION 3. The City Commission of the City of Oakland Park, Florida hereby
approves and authorizes the appropriate City officials to execute a contract with RMPK
FUNDING for grant management services based on the terms of RFP #012623 and
authorizes expenditures in excess of $25,000.00 each contract year for grant applications
as needed; A copy of the contract is attached hereto as Exhibit "A".
SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and
the same are repealed to the extent of such conflict.
SECTION 5. If any clause, section or other part of this Resolution shall be held
by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way effecting
the validity of the other provisions of this Resolution.
SECTION 6. This Resolution shall become effective immediately upon its
passage and adoption.
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ADOPTED by the City Commission of the City of Oakland Park, Florida this 15°i
day of March 2023.
ATTEST:
//
REN£E M.SHROUT,CIVIC
CITY CLERK
CITY OF OAKLAND PARK, FLORIDA
14-Lw�
MAYUK AISHA GORDON
M. ROSENWALD
YES
T. LONERGAN
YES
S. ARNST
YES
L. NEWBOLD
YES
A. GORDON
YES
Page 2 of 2
City of Oakland Park
3650 NE 12"' Avenue
Oakland Park, FL 33334
AGREEMENT
for
GRANT MANAGEMENT SERVICES
THIS IS AN AGREEMENT made and entered into this /5 hday of Ndtth 2023, by and between:
The CITY OF OAKLAND PARK, FLORIDA acting herein through its City Manager, hereinafter called "CITY"
and RMPK FUNDING, INC. doing business as a provider of grant management services, hereinafter called
"CONSULTANT". CITY and CONSULTANT may hereinafter be referred to as the "Parties".
WITNESSETH:
WHEREAS, the CITY desires to engage the services of CONSULTANT to provide grant management services to
enable the City to leverage local public funds to help the City find and apply for funding for a variety of uses,
including community planning, technical assistance, research, and capital infrastructure projects. Related services
include assist in researching and identifying potential grant opportunities, providing strategic grant writing services
associated with the completion and submission of grant applications, technical assistance and program
administration services, and management of grants throughout their lifecycles.
WHEREAS, All terms, conditions, and provisions of Request for Proposals (RFP) #012623, Grant Management
Services, are incorporated herein by reference as Exhibit A made a specific part hereof.
NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and
undertakings herein contained, and for other good and valuable considerations, the Parties do mutually covenant
and agree with each other as follows:
ARTICLE 1
COMPENSATION
In accordance with the Proposal, the Consultant shall supply personnel to perform required tasks and be
compensated in accordance with the annual fee to be paid on a quarterly basis, which is incorporated herein.
ARTICLE II
TERM AND CANCELLATION
The term of this Agreement is THREE (3) years commencing on the effective date of the resulting agreement. The
contract may be renewed for TWO (2) additional THREE (3) year periods under the same terms and conditions, if
mutually agreed upon by both parties.
2023-050
In the event delivery/service is scheduled to end because of the expiration of this contract, CONSULTANT shall
continue to deliver/service upon the request of the Contract Administrator. The extension period shall not extend
for more than 90 days beyond the expiration date of the existing contract. The Consultant shall be compensated for
the product/service at the rate in effect when this extension clause is invoked by the City.
If it is determined that it is in the best interest of either party of the Agreement to terminate this Agreement prior to
the expiration date, for cause, a thirty (30) calendar day written notice shall be given by the party wishing to
terminate this Agreement.
ARTICLE III
GENERAL PROVISIONS
It is understood and agreed that this Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and that the Parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written.
It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and with equal dignity
herewith.
This document may be executed in counterparts each of which shall be deemed to be a duplicate original.
This Agreement is executed and is to be perforated in the State of Florida and shall be governed by and construed
in accordance with the laws of the State of Florida.
In connection with any conflict arising out of this Agreement, the Parties hereto agree to mediate the dispute prior
to instituting any litigation in connection with this Agreement. The mediator shall be an individual agreed to by all
parties. All costs of mediation shall be shared equally by the parties and the mediation shall be initiated within thirty
(30) days of the conflict being expressed in writing by either party. In the event of litigation arising out of this
Agreement, including any administration, trial level, or appellate proceedings, the prevailing party shall be entitled
to recover all costs incurred, including a reasonable attorney's fee and paralegal costs.
If any clause, section or other part or application of this Agreement shall be held by any Court of competent
jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered
as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and
effect.
Notice. Whenever any parry desires to give notice unto any other party, it must be given by written notice, sent by
certified United States mail, with returnreceipt requested, or by facsimile transmission with certification oftransmission
to the receiving party, addressed to the following individuals:
CITY: City of Oakland Park, Florida
David Hebert, City Manager
3650 NE I20i Avenue
Oakland Park, FL 33334
COPY TO: Donald J. Doody, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
FAX: (954) 771-4923
CONSULTANT: RMPK FUNDING, INC.
601 Heritage Drive, 4402
Jupiter, FL 33458
Ryan A. Ruskay, President
rruskavfaZmt nkfundi nc.com
Indemnification. Consultant agrees to indemnify and save harmless the CITY, its public officials, agents, servants
and employees harmless from and against any and all claims arising out of or in any way connected with the willful
misconduct or negligence of the contractor, or its employees and to carry at its own expense policies of insurance
described in RFP #012623 to protect the CITY and its interests from such actions of the consultant or sub-
contractors. Consultant further agrees to reimburse CITY for any and all court costs and other expenses, including
reasonable attorney's fees incurred by CITY in defending any action, at both the trial and appellate levels, including
paralegal expenses associated therewith, brought against CITY for injury or damage claimed to have been suffered
as a result of or in any way connected with contractor's willful misconduct or negligence or that of its employees.
Governine Law: Venue. This Agreement is executed and is to be performed in the State of Florida and shall be
governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding
commenced with respect to the performance of the Parties' obligations pursuant to this Agreement shall be in a
court of competent jurisdiction located in Broward County, Florida.
Non-Discrimination/EDual EmDlovment Oonortunity and Americans with Disabilities Act. Consultant 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 Agreement. Consultant shall affirmatively comply with all applicable provisions
of the Americans with Disabilities Act (ADA) in the course of providing any services funded by this Agreement,
including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONSULTANT shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay, other forms ofcompensation, terms and conditions of employment, training (including apprenticeship)
and accessibility.
Consultant's decisions regarding the delivery of services under this Agreement shall be made without regard to or
consideration of race, age, religion, color, gender, sexual orientation, gender identity, gender expression, national
origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully
used as a basis for service delivery.
Consultant shall not engage in or commit any discriminatory practice in violation of the Broward County Human
Rights Act (Broward County Code, Chapter 162) in performing any services pursuant to this Agreement.
Public Records. The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The
Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall:
I. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to
perform the service;
2. Provide the public with access to such public records on the same terms and conditions that the City would
provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Slat., or as otherwise
provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from public record
requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically must be provided to the City in a
format that is compatible with the information technology systems of the agency.
The failure of Consultant to comply with the provisions set forth in this Article shall constitute a Default and Breach
of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in ARTICLE
I.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT
Renee M. Shrout, CMC, City Clerk
City of Oakland Park
3650 NE 12th Avenue
Oakland Park, FL 33334
954-630-4298
ReneeS(a)Oaklan d Pa rkFL.¢ov
Scrutinized Companies - Consultant must certify that the company is not participating in a boycott of Israel.
Consultant must also certify that Consultant 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 been engaged in business operations in Cuba or 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. Consultant must submit the certification that is attached to this contract. Submitting a
false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the
Consultant of the City's determination concerning the false certification. The Consultant 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, the Consultant 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 the Consultant does not
demonstrate that the City's determination of false 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.
E-Verify - Effective January I, 2021, public and private employers, contractors and subcontractors will begin
required registration with, and use of the E-verify system in order to verify the work authorization status of all
newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of.
a. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida
during the term of the contract; and
b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The
Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the City; and
c. By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited
to utilization of the E-Verify System to verify the work authorization status of all newly hired employees
and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated immediately. If t 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 1 year after the date of termination. The Contractor acknowledges it is liable to the
City for any additional costs as a result of termination of the contract due to Contractor's failure to comply
with the provisions herein.
Ethics and Conflict of Interest - CONSULTANT shall avoid all conflicts of interests, as well as
appearances of conflicts of interests, throughout the term of this Agreement. CONSULTANT shall not at
any time during the term of this Agreement represent any party seeking approvals, permits, or licenses, of
any kind from the City. Nothing set forth in this Agreement shall preclude or limit CONSULTANT's
ability to engage in outside work or employment which is not in conflict with the duties and
responsibilities set forth herein.
I:TH7S016tSwflIF
IN WITNESS WHEREOF, the parties to these presents have executed this contract in two (2) counterparts, each of
which shall be deemed an original, in the Year and Day first mentioned above.
A T:
Z'
ee Shrout, City Clerk
R to 2S • OS"C)
(SEAL)
APPROV STOo GAL
f Donald y, City mey
WITNESS BY:
CITY OF QAKL4N0 PARK
Manager
CONSULTANT:
RMPK FUNDING. INC.
By. —^--A
Title: restdent
STATE: FaoC:d'�
COUNTY: PaIM4 &A
Sworn to (or affmned) and subscribed before me this 14*% day of
fugreje ,20 23 ,by:
%Zuar Rf Ke.//
Nome of Pmron Making Stateminl
ANNASONJOUR j
Noter�741tlI0:tbYeFit'BtlrJloriael
Signaiureof aryPublie
e Commission ► HH 250947
Ntwe �bw nUr
My Commission Expires
April 07. 2026 I
�� �tt
Name of Nota�T7pA Primed, Srampe4
Personalty Known: OR
Identification Produced:
Type of Identification Produced:
SEBASTIAN
❑na�ur <no A N
1911 all
CITY COUNCIL AGENDA TRANSMITTAL
Council Meeting Date: April 10, 2024
Agenda Item Title: City Council Approval of Resolution R-24-19 approving a piggyback for grant
management services with RMPK Funding, Inc.
Recommendation: Staff Recommends Approval of R-24-19 approving a piggyback for grant
management services with RMPK Funding, Inc. and approval of execution by the City Manager.
Background: RMPK Funding, Inc. has an existing contract under the City of Oakland Park,
Florida effective through March 15, 2026 (with two (2) additional three (3) year renewal periods) that the City of
Sebastian is seeking to piggyback. The piggyback will be used for grant management services (i.e. researching grant
opportunities, preparing and submitting applications, and acting as a liaison between the City and awarding agency).
It is in the City's best interest to enter into an agreement to with RMPK Funding, Inc. to seek supplemental funding
to accomplish the City's vision.
Chapter 287, Florida Statutes and City Code of Ordinances Section 2-10 grant the City authority to piggyback the
purchase of goods and services as a form of inter -governmental cooperative purchasing. In cooperative purchasing,
public purchaser requests competitive sealed bids, enters into a contract, and arranges, as part of the contract, for
other public purchasing units to purchase from the selected vendor under the same terms and conditions. This allows
smaller agencies to take advantage of the better pricing that large purchasers are able to obtain and reduce
administrative time and costs involved in the procurement process (i.e., cost of preparing bid specifications,
advertising, etc.). Staff is seeking approval of execution of the piggyback agreement with RMPK Funding, Inc., for
grant management services as outlined above, and for approval of the execution of the agreement by the City
Manager
If Ap-euda Item Reanires Expenditure of Funds:
Budgeted Amount: TBD
Total Cost: TBD
Funds to Be Utilized for Appropriation: Parks and Recreation General Fund Operating Budget
Attachments:
1. R-24-19 RMPK Funding Resolution
2. Exhibit A - R-2023-050 -Award of Grant Management Services -City of Oakland Park Agreement
3. Exhibit B - City of Sebastian Piggyback Agreement
Administrative Services Department Review: t
City Attorney Review- ^ M
Procurement Division eview, if applicable: Gf>rJ
City Manager Authorization: _
Date: y holy
PIGGYBACK AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SEBASTIAN AND RMPK FUNDING INC.
THIS AGREEMENT is made and entered into on rvdrucry R 0 4 2024 by
the City of Sebastian, a municipal corporation of the State of Florida, (hereinafter
referred to as "CITY") and RMPK Funding Inc., (hereinafter "VENDOR").
WHEREAS, the City of Oakland Park, FL has previously entered into a contract with
Vendor to provide grant management services on March 15, 2023 (attached as Exhibit A hereto);
and
WHEREAS, the City of Sebastian wishes to enter into a like contract with Vendor
under the same terms and applicable conditions as that prior agreement entered into by the City
of Oakland Park, FL to provide grant management services and other related tasks as may be
assigned by the City; and
WHEREAS, Chapter 287, Florida Statutes and purchasing procedures of the City of
Sebastian grant the authority to piggyback the purchase of goods and services as a form inter-
governmental cooperative purchasing in which a public purchaser requests competitive sealed
bids, enters into a contract, and arranges, as part of the contract, for other public purchasing units
to purchase from the selected vendor under the same terms and conditions as itself in order to
take advantage of the better pricing that large purchasers are able to obtain in order to reduce
administrative time and costs involved in the procurement process (i.e., cost of preparing bid
specifications, advertising, etc.); and
WHEREAS, the City of Sebastian has determined that in this circumstance,
piggybacking onto a contract entered into by the City of Oakland Park, FL is the most
economically advantageous way to procure these goods and services.
NOW THEREFORE, in consideration of the mutual covenants, terms, and provisions contained
herein, the parties agree as follows:
1. TERM
The initial term shall be for two (2) years for services subject to renewal or extension in
one year increments by agreement of the parties in writing.
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2. GENERAL PROVISIONS
All other terns and conditions of the contract and any amendments thereto entered into
between the City of Oakland Park, FL and Vendor referenced above will be applicable to
this agreement unless specified herein.
3. NOTICES
All notices and demands shall be sent U.S. Certified Mail, return receipt to:
VENDOR:
Rvan Ruskay. President
RMPK FUNDING, Inc.
601 Heritage Dr. #402
Jupiter, FL 33458
CITY:
Brian Benton, City Manager
City of Sebastian
1225 Main Street
Sebastian, FL 32958
4. PUBLIC RECORDS
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 CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS:
CITY CLERK: JEANETTE WILLIAMS
1225 MAIN ST
SEBASTIAN, FL 32958
(772)388-8215
JWILLIAMSCa,CITYO F S E BA STI AN.ORG
Vendor agrees to comply with public records laws, specifically to:
A. Keep and maintain public records required by the public agency to perform the
service.
B. Upon request from the public agency's custodian of public records, provide the
public agency 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 this
chapter 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 contract term and following completion of the contract if the contractor
does not transfer the records to the public agency.
D. Upon completion of the contract, transfer, at no cost, to the public agency all
public records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all public
records to the public agency upon completion of the contract, the contractor shall destroy
2
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 contract, the contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the public
agency, upon request from the public agency's custodian of public records, in a format
that is compatible with the information technology systems of the public agency.
IN WITNESS WHEREOF, the parties hereto have through their duly authorized
representatives, approved and executed this Agreement as of the date set forth below.
Attest:
ty Clerk
Approved as to form & lTality
Cit orney
CITY OF SEBASTIAN
X
Brian Benton, City Manager
Date: )JaU/doily
3
natur /
ian Ruskay
Printed Name
Title: President
Date: 4� 4-
STATE OF FLORIDA
.COUNTY OF t'a�ry gnn�in
The foregoing instrument was acknowledged before, me on this j2_+k&y of
2024, by as PfpSi2PIrF of RMPK
rsonally known t_o_ - m or has produced his/her driver's
as identification, and did/did not take an oath.
Fe.b ru,.er u
Funding, lAc. He is
license, or his/her
Seal: ,y., u U
NotaryPublic, State Florida
My Commission expires: Qy (o'j 12-1)2t
ANNA BONJOUR
;,p'"Ov '__ Notary Public -State of Florida
Commissions HH 2550947
�— M Commission Expires
'•riin •"', April 07, 2026
4
EXHIBIT A
CITY OF OAKLAND PARK CONTRACT
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RESOLUTION NO. R-2023-050
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OAKLAND PARK, FLORIDA, DETERMINING THAT RMPK
FUNDING IS THE MOST RESPONSIVE AND MOST
RESPONSIBLE PROPOSER FOR GRANT MANAGEMENT
SERVICES BASED ON THE TERMS OF RFP #012623;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has sought competitive proposers for grant management
services based on the terms of RFP #012623;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OAKLAND PARK, FLORIDA, THAT:
SECTION 1. The foregoing "WHEREAS" clause is true and correct and hereby
ratified and confirmed by the City Commission. All exhibits attached hereto are hereby
incorporated herein.
SECTION 2. The City Commission of the City of Oakland Park, Florida hereby
accepts the recommendation as submitted by City's Staff and determines that RMPK
FUNDING is the most responsible and most responsive proposer grant management
services based on the terms of RFP #012623.
SECTION 3. The City Commission of the City of Oakland Park, Florida hereby
approves and authorizes the appropriate City officials to execute a contract with RMPK
FUNDING for grant management services based on the terms of RFP #012623 and
authorizes expenditures in excess of $25,000.00 each contract year for grant applications
as needed; A copy of the contract is attached hereto as Exhibit "A".
SECTION 4. All Resolutions or parts of Resolutions in conflict herewith, be and
the same are repealed to the extent of such conflict.
SECTION 5. If any clause, section or other part of this Resolution shall be held
by any court of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no way effecting
the validity of the other provisions of this Resolution.
SECTION 6. This Resolution shall become effective immediately upon its
passage and adoption.
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ADOPTED by the City Commission of the City of Oakland Park, Florida this 151"
day of March 2023.
ATTEST:
12
REN,EE M. SHROUT, CMC
CITY CLERK
CITY OF OAKLAND PARK, FLORIDA
MAYDR AISHA GORDON
M. ROSENWALD
YES
T. LONERGAN
YES
S. ARNST
YES
L. NEWBOLD
YES
A. GORDON
YES
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City of Oakland Park
3650 NE 12" Avenue
Oakland Park, FL 33334
AGREEMENT
for
GRANT MANAGEMENT SERVICES
to
THIS IS AN AGREEMENT made and entered into this �.) day of 14Wh , 2023, by and between:
The CITY OF OAKLAND PARK, FLORIDA acting herein through its City Manager, hereinafter called "CITY"
and RMPK FUNDING, INC. doing business as a provider of grant management services, hereinafter called
"CONSULTANT". CITY and CONSULTANT may hereinafter be referred to as the "Parties".
WITNESSETH:
WHEREAS, the CITY desires to engage the services of CONSULTANT to provide grant management services to
enable the City to leverage local public funds to help the City find and apply for funding for a variety of uses,
including community planning, technical assistance, research, and capital infrastructure projects. Related services
include assist in researching and identifying potential grant opportunities, providing strategic grant writing services
associated with the completion and submission of grant applications, technical assistance and program
administration services, and management of grants throughout their Iifecycles.
WHEREAS, All terms, conditions, and provisions of Request for Proposals (RFP) #012623, Grant Management
Services, are incorporated herein by reference as Exhibit A made a specific part hereof.
NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and
undertakings herein contained, and for other good acid valuable considerations, the Parties do mutually covenant
and agree with each other as follows:
ARTICLE I
COMPENSATION
In accordance with the Proposal, the Consultant shall supply personnel to perform required tasks and be
compensated in accordance with the annual fee to be paid on a quarterly basis, which is incorporated herein.
ARTICLE 11
TERM AND CANCELLATION
The term of this Agreement is THREE (3) years commencing on the effective date of the resulting agreement. The
contract may be renewed for TWO (2) additional THREE (3) year periods under the same terms and conditions, if
mutually agreed upon by both parties.
R 203. o5o
In the event delivery/service is scheduled to end because of the expiration of this contract, CONSULTANT shall
continue to deliver/service upon the request of the Contract Administrator. The extension period shall not extend
for more than 90 days beyond the expiration date of the existing contract. The Consultant shall be compensated for
the product/service at the rate in effect when this extension clause is invoked by the City.
If it is determined that it is in the best interest of either party of the Agreement to terminate this Agreement prior to
the expiration date, for cause, a thirty (30) calendar day written notice shall be given by the party wishing to
terminate this Agreement.
ARTICLE III
GENERAL PROVISIONS
It is understood and agreed that this Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements or understandings applicable to the matters contained herein and that the Parties agree
that there are no commitments, agreements, or understandings concerning the subject matter of this Agreement that
are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements whether oral or written.
It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall
be effective unless contained in a written document executed with the same formality and with equal dignity
herewith.
This document may be executed in counterparts each of which shall be deemed to be a duplicate original.
This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed
in accordance with the laws of the State of Florida.
In connection with any conflict arising out of this Agreement, the Parties hereto agree to mediate the dispute prior
to instituting any litigation in connection with this Agreement. The mediator shall be an individual agreed to by all
parties. All costs of mediation shall be shared equally by the parties and the mediation shall be initiated within thirty
(30) days of the conflict being expressed in writing by either party. In the event of litigation arising out of this
Agreement, including any administration, trial level, or appellate proceedings, the prevailing party shall be entitled
to recover all costs incurred, including a reasonable attorney's fee and paralegal costs.
If any clause, section or other part or application of this Agreement shall be held by any Court of competent
jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered
as eliminated and so not affecting the validity of the remaining portions or applications remaining in full force and
effect.
Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by
certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission
to the receiving party, addressed to the following individuals:
CITY: City of Oakland Park, Florida
David Hebert, City Manager
3650 NE 121h Avenue
Oakland Park, FL 33334
Fa
COPY TO: Donald J. Doody, City Attorney
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Boulevard, Suite 200
Fort Lauderdale, Florida 33308
Telephone: (954) 771-4500
FAX: (954) 771-4923
CONSULTANT: RMPK FUNDING, INC.
601 Heritage Drive, 4402
Jupiter, FL 33458
Ryan A. Ruskay, President
rruskavQrmokfundine.com
Indemnification. Consultant agrees to indemnify and save harmless the CITY, its public officials, agents, servants
and employees harmless from and against any and all claims arising out of or in any way connected with the willful
misconduct or negligence of the contractor, or its employees and to carry at its own expense policies of insurance
described in RFP #012623 to protect the CITY and its interests from such actions of the consultant or sub-
contractors. Consultant further agrees to reimburse CITY for any and all court costs and other expenses, including
reasonable attorney's fees incurred by CITY in defending any action, at both the trial and appellate levels, including
paralegal expenses associated therewith, brought against CITY for injury or damage claimed to have been suffered
as a result of or in any way connected with contractor's willful misconduct or negligence or that of its employees.
Governine Law; Venue. This Agreement is executed and is to be performed in the State of Florida and shall be
governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding
commenced with respect to the performance of the Parties' obligations pursuant to this Agreement shall be in a
court of competent jurisdiction located in Broward County, Florida.
Non-Discrimination/Eaual Emolovment Oonortunity and Americans with Disabilities Act. Consultant 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 Agreement. Consultant shall affirmatively comply with all applicable provisions
of the Americans with Disabilities Act (ADA) in the course of providing any services funded by this Agreement,
including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONSULTANT shall take affirmative steps to ensure
nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the
following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination,
rates of pay, other forms of compensation, terms and conditions of employment, training (including apprenticeship)
and accessibility.
Consultant's decisions regarding the delivery of services under this Agreement shall be made without regard to or
consideration of race, age, religion, color, gender, sexual orientation, gender identity, gender expression, national
origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully
used as a basis for service delivery.
Consultant shall not engage in or commit any discriminatory practice in violation of the Broward County Human
Rights Act (Broward County Code, Chapter 162) in performing any services pursuant to this Agreement.
Public Records. The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The
Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall:
I. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to
perform the service;
2. Provide the public with access to such public records on the same terms and conditions that the City would
provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise
provided by law;
3. Ensure that public records that are exempt or that are confidential and exempt from public record
requirements are not disclosed except as authorized by law; and
4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in
possession of the consultant upon termination of the contract and destroy any duplicate public records that
are exempt or confidential and exempt. All records stored electronically must be provided to the City in a
format that is compatible with the information technology systems of the agency.
The failure of Consultant to comply with the provisions set forth in this Article shall constitute a Default and Breach
of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in ARTICLE
II.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT
Renee M. Shrout, CMC, City Clerk
City of Oakland Park
3650 NE 12th Avenue
Oakland Park, FL 33334
954-630-4298
ReneeSQ,OaklandParkFL.gov
Scrutinized Companies - Consultant must certify that the company is not participating in a boycott of Israel.
Consultant must also certify that Consultant 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 been engaged in business operations in Cuba or 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. Consultant must submit the certification that is attached to this contract. Submitting a
false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the
Consultant of the City's determination concerning the false certification. The Consultant 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, the Consultant 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 the Consultant does not
demonstrate that the City's determination of false 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.
E-Verify - Effective January I, 2021, public and private employers, contractors and subcontractors will begin
required registration with, and use of the E-verify system in order to verify the work authorization status of all
newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of:
a. All persons employed by Vendor/Consultant/Contractor to perform employment duties within Florida
during the term of the contract; and
b. All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/Consultant/Contractor to perform work pursuant to the contract with the Department. The
Vendor/Consultant/Contractor acknowledges and agrees that use of the U.S. Department of Homeland
Security's E-Verify System during the term of the contract is a condition of the contract with the City; and
c. By entering into a Contract, the Contractor becomes obligated to comply with the provisions of Section
448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes but is not limited
to utilization of the E-Verify System to verify the work authorization status of all newly hired employees
and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ,
contract with, or subcontract with, an unauthorized alien. The contractor shall maintain a copy of such
affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a
subcontractor knowingly violates the statute, the subcontract must be terminated immediately. if t 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 1 year after the date of termination. The Contractor acknowledges it is liable to the
City for any additional costs as a result of termination of the contract due to Contractor's failure to comply
with the provisions herein.
Ethics and Conflict of Interest - CONSULTANT shall avoid all conflicts of interests, as well as
appearances of conflicts of interests, throughout the term of this Agreement. CONSULTANT shall not at
any time during the term of this Agreement represent any party seeking approvals, permits, or licenses, of
any kind from the City. Nothing set forth in this Agreement shall preclude or limit CONSULTANT's
ability to engage in outside work or employment which is not in conflict with the duties and
responsibilities set forth herein.
5
AGREEMENT:
IN WITNESS WHEREOF, the parties to these presents have executed this contract in two (2) counterparts, each of
which shall be deemed an original, in the Year and Day first mentioned above.
AT T:
e ee Shrout, City Clerk
R ZU 05"C
(SEAL)
APPROV -AS TO GAL F M:
F Donald . D y, City 9 mey
WITNESS BY:
STATE: Florid
COUNTY: f�a I" : t7zacl
PARK
Lager
I111111W&►N 111 MAGI 9
RMPK FUNDING. INC.
By:
Title: rr esident
Sworn to (or affimied) and subscribed before me this 144e, day of
—MarrAG 20 23 by: Eiva� R
Name of Peron Making SMlem nr
ANNA BONJOUR Signature n)"N ay Public
F. NotatirWNINIV6W WrAoridN
•; Commission N HH 250947 l�
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My Commission Expires
April 07, 2026 Name of Morally Public (Typ , Printed. Stamped)
Personally Known:_x OR Identification Produced:
Type of Identification Produced: