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HomeMy WebLinkAboutReso 2009-1501 .. RESOLUTION NO. 2009- \ 'SO \ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ENTER INTO AN AGREEMENT WITH RMPK FUNDING FOR PROFESSIONAL GRANT WRITING SERVICES, IN AN AMOUNT NOT TO EXCEED FIFTEEN THOUSAND DOLLARS ($15,000.00); AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach Commission is desirous of pursuing several upcoming grant opportunities that will ultimately total approximately $1,000,000.00; and WHEREAS, staff has met with Ryan Ruskay of RMPK Funding regarding Professional Grant Writing Services for upcoming grants; and WHEREAS, the firm ofRMPK Funding is well qualified for these services and has provided a proposal to the City; and WHEREAS, the City wishes to enter into an agreement with RMPK Funding for Professional Grant Writing Services, in an amount not to exceed Fifteen Thousand Dollars ($15,000.00). NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Authorization of City Manager to Enter into an Agreement. The City Manager or Designee is hereby authorized to enter into an Agreement with RMPK Funding for Professional Grant Writing Services, in an amount not to exceed Fifteen Thousand Dollars ($15,000.00). Section 2. Authorization of City Manager. The City Manager or Designee is hereby authorized to do all things necessary to effectuate this Resolution. Section 3 Effective Date. This Resolution will become effective upon adoption. PASSED AND ADOPTED this 1 ih day of December 2009. R2009- RMPK Funding Agmt For Prof Grant Writing Srvs Page 1 of2 ATTEST: ~A~ Jane A. Hines, GMC, City Clerk Moved by: Seconded by: Vote: 4-0-\ Mayor Edelcup ~Y es) Vice Mayor Thaler _(Yes) Commissioner Brezin ~(Y es) Commissioner Goodman~ (Yes) Commissioner Scholl -tL(Y es) R2009- RMPK Funding Agmt For Prof Grant Writing Srvs Page 2 of2 (1W\~ 'Sc-\.lDLL C1~ ~~:2,tJ _(No) _(NO) _(NO) _(NO) _(NO) Preview Page 1 of2 City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305) 949-3113 Fax MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Douglas Haag, Assistant City Manager - Finance DATE: 12/17/2009 RE: AUTHORIZATION TO ENTER INTO AN AGREEMENT WITH RMPK FUNDING IN AN AMOUNT NOT TO EXCEED $15,000 RECOMMENDATION: Authorize the City Manager to enter into an agreement with RMPK Funding for professional grant writing services in an amount not to exceed $15,000. REASONS: BACKGROUND Over the past 90 days several staff members have met with Mr. Ryan Ruskay of RMPK Funding to discuss the possibility of engaging his firm for several upcoming grant opportunities that will ultimately total approximately $1,000,000. Three of the grants will involve development of Bella Vista Bay Park and are as follows: Grant Amount Coastal Partnership Initiative $ 60,000 Waterways Assistance Program 200,000 Land and Water Conservation Program 200,000 TOT AL $460,000 The fourth is an Energy Efficiency and Conservation Block Grant that is part of the ARRA Non-Entitled Cities and Counties Grant Program that will be for approximately $500,000. Wi1l are still in the process of formulating a proposal but it will likely include w..... http://sibagenda. si bfl.net/agenda/Preview .aspx?I temID= 14 2&MeetingID=0&MeetingDate... 12/8/2009 Preview Page 2 of2 'green' project for a solar panel system installed here at the government center. The application is due February 10, 2009. We have also entered into discussions about grant opportunities for upcoming projects on Collins Avenue and Sunny Isles Boulevard. As we determine the feasibility of these other grants (i.e. FCT) we may request an amendment to this agreement next year. While there is no guarantee of any grant award, Mr. Ruskay has a proven track record of success with the first three of these grant programs. We contacted several of his references and he comes 'highly recommended', in the words of J.C. Jimenez of the Town of Bay Harbor Islands. I also spoke to Charles Huff with the Village of North Palm Beach. Mr. Ruskay has been successful in 11/12 grant submittals over the past two years. For one park project alone, Mr. Ruskay helped them obtain $1.9 million in grants out of a total project cost of $2.7 million. They have used him for several years and are planning on renewing his contract again later this year. And, the fees are a reimbursable expense under the grant programs. Both of the references mentioned that they considered him to very honest and trustworthy in the respect that he will tell you if you don't have a realistic chance of getting a grant. Funds are available in FY 2009/1 0 in account 20-600-5662. FUNDING SOURCE: Funds are available in FY 2009/1 0 in account 20-600-5662. ATTACHMENTS: . Resolution http://sibagenda. sibfl.net/agendaJPreview .aspx?I temID= 14 2&MeetingID=0&MeetingDate... 12/812009 CITY OF SUNNY ISLES BEACH AND RMPK FUNDING INC. AGREEMENT CONTRACT NO. C0910-019 THIS AGREEl\1ENT, entered into this t 7 e day of 1>~ ~009, by and between the CITY OF SUNNY ISLES BEACH (hereinafter referred as to "City") and RMPK FUNDING INC. authorized to do business in the State of Florida (hereinafter referred to as "Consultant"), whose Federal J.D. # is 02,.- ()G:>oq~'Z- . RECIT ALS WHEREAS, the City is in need of a consultant to provide professional grant writing services ("Services"); and WHEREAS, Consultant has expressed the ability and desire to provide these Services subject to the terms and conditions contained in its proposal as more fully described in Attachment "A", which is attached hereto and made a part hereof; and WHEREAS, the City desires to enter into an Agreement with Consultant to provide the Services in a total amount not to exceed Fifteen Thousand Dollars ($15,000.00). NOW THEREFORE, in consideration of the premises and the mutual covenants herein names, the parties agree as follows: TERMS 1. RECIT ALS: The recitals set forth above are hereby incorporated into this Agreement and made a part hereof. 2. SERVICES: Consultant agrees to commence work immediately upon execution of this Agreement and complete all phases of the Scope of Work, as more fully set forth in the attached Attachment "A", as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all work pursuant to this Agreement shall be completed no later than September 30,2010. 3. COMPENSATION. Consultant agrees to provide the services in an amount not to exceed Fifteen Thousand Dollars ($15,000.00). Payment to Consultant for all charges under this Agreement shall be in accordance with this Agreement and a proposed fee schedule reflected in Attachment "A". Consultant shall submit invoices on a monthly basis within ten (10) days following the end of each calendar month. City shall pay Consultant only for Services actually performed. The Consultant shall make no other charges to the City for supplies, labor, taxes, licenses, permits, overhead or any other expenses or costs unless any such expense or cost is incurred by Consultant with the prior written approval of the City. If the City disputes any charges on the invoices, it may make payment of the uncontested amounts and withhold payment on the contested amounts until they are resolved by agreement with Consultant. C091O- 019 RMPK FUNDING INC. AGREEMENT 4. ACCESS TO FINANCIAL RECORDS: During the term of this Agreement, and for 3 (three) years following expiration or termination of this Agreement, the City, at all reasonable times, shall be granted access to all files, books, and records (to include any correspondence, documents, papers, accounts, tapes, discs, and accounting records or other evidence pertaining to costs incurred) applicable to this Agreement in the custody and possession of the Consultant. The Consultant shall make all such records and materials available in their respective office(s) at all reasonable times for inspection by the City or by any other authorized representative of the City and copies shall be furnished at no cost to the City if requested. These rights and duties survive expiration or termination of this Agreement. 5. INDEPENDENT CONSULTANT RELATIONSHIP: It is understood and agreed that nothing contained in this Agreement shall be deemed to create a partnership, joint venture, other association, or an employer/employee relationship between the Consultant and the City. Consultant shall be in the relation of an independent Consultant and is to have entire charge, control and supervision of the work to be performed hereunder. 6. COMPLIANCE WITH LAW: Consultant shall comply with all laws, regulations and ordinances of any federal, state, or local governmental authority having jurisdiction with respect to this Agreement ("Applicable Laws") and shall obtain and maintain any and all material permits, licenses, approvals and consents necessary for the lawful conduct of the activities contemplated under this Agreement. Specifically, Consultant shall comply with all applicable conflict of interest prOVISIOns as provided in state statutes, Miami-Dade County Code and the Code of the City of Sunny Isles Beach (Section 62-16 entitled "Ethics in Public Contracting"). As provided in Section 62-16, Code of the City of Sunny Isles Beach, the City Commission may terminate this Contract for violation of the above-referenced ethical standards. 7. INDEMNIFICATION AND WAIVER OF LIABILITY: The Consultant agrees, to the fullest extent permitted by law, to defend, indemnify and hold harmless the City, its agents, representatives, officers, directors, officials and employees from and against claims, damages, losses and expenses (including but not limited to attorney's fees, arbitration costs, and costs of appellate proceedings) relating to, arising out of or resulting from any acts, errors, mistakes or omissions of Consultant, or any of its officers, employees, servants, agents or subcontractor, in the performance of this Agreement. The Consultant's duty to defend, hold harmless and indemnify the City, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury; sickness; disease; death; or injury to impairment, or destruction of tangible property including loss of use resulting therefrom, caused by any acts, errors, mistakes or omissions related to Consultant's performance of this Agreement including its officers, employees, servants, agents or subcontractors, or any other person for whose acts, errors, mistakes or omissions the Consultant may be legally liable. C091O- 019 RMPK FUNDING INC. AGREEMENT The parties agree that ONE HUNDRED DOLLARS ($100.00) represents specific consideration to the Consultant for the indemnification set forth in this Agreement. The Consultant hereby acknowledges receipt of ONE HUNDRED DOLLARS ($100.00) and other good and valuable consideration from the City in exchange for giving the City the indemnification provided herein. 8. ASSIGNl\1ENT: This Agreement shall be binding upon and shall inure to the benefit of the City and to any and all of its successors and assigns, whether by merger, consolidation, transfer of substantially all assets or any similar transaction. Notwithstanding the foregoing, this Agreement is personal to the Consultant and it may not, either directly or indirectly, assign its rights or delegate its obligations to City hereunder without first obtaining the City's consent in writing. Any such attempted assignment or delegation shall be deemed of no legal force and effect whatsoever. 9. TERM: Subject to the provisions relating to the termination of this Agreement as set forth hereunder, the term of this Agreement shall begin upon execution by the parties hereto and shall end upon the completion of the Services, as more fully described in Attachment "A". The parties anticipate that all work pursuant to this Agreement shall be completed no later than September 30, 2010. Consultant acknowledges that compliance with the commencement and completion schedule is the essence of this Agreement. The terms of Sections 6 and 7 entitled "Compliance with Law" and "Indemnification and Waiver of Liability" respectively, shall survive termination of this Agreement. 10. TERMINATION: A. Termination for Cause. If, through any cause within the reasonable control the Consultant shall fail to fulfill in a timely manner or otherwise violate any of the covenants, agreements or stipulations material to this agreement, the City shall have the right to terminate the services then remaining to be performed. Prior to the exercise of its option to terminate for cause, the City shall notify the Consultant of its violation of the particular terms of the agreement and grant Consultant ten (10) days to cure such default. If the default remains uncured after ten (10) days the City may terminate this agreement. (i). In the event of termination, all finished and unfinished documents, data and other work product prepared by Consultant (and sub consultant(s)) shall be delivered to the City and the City shall compensate the Consultant for all services satisfactorily performed prior to the date of termination, as provided in Paragraph 3 herein. (ii). Notwithstanding the foregoing, the Consultant shall not be relieved of liability to the City for damages sustained by it by virtue of a breach of the agreement by Consultant and the City may reasonably withhold payments to Consultant for the purposes of set-off until such time as the exact amount of damages due the City from the Consultant is determined. B. Termination for Convenience of City. The City may, for its convenience and without cause terminate the services then remaining to be performed at any time by given written C091O- 019 RMPK FUNDING INC. AGREEMENT notice which shall become effective ten (10) days following receipt by Consultant. The terms of Paragraph 10A(i) and (ii) shall be applicable hereunder. C. Termination for Insolvency. The City also reserves the right to terminate the remaining services to be performed in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes any assignment for the benefit of creditors. 11. NOTICES: All notices and other communications required or permitted to be given under this Agreement by either party to the other shall be in writing and shall be sent (except as otherwise provided herein) (i) by certified or registered mail, first class postage prepaid, return receipt requested, (ii) by guaranteed overnight delivery by a nationally recognized courier service, or (iii) by facsimile with confirmation receipt (with a copy simultaneously sent by certified or registered mail, first class postage prepaid, return receipt requested or by overnight delivery by traditionally recognized courier service), addressed to such party as follows: If to the City: Rick Conner With a copy to: City Manager Hans Ottinot City of Sunny Isles Beach City Attorney 18070 Collins Avenue City of Sunny Isles Beach Fourth Floor 18070 Collins A venue Sunny Isles Beach, Florida 33160 Fourth Floor Tel: (305) 792-1701 Sunny Isles Beach, Florida 33160 Tel: (305) 792-1702 If to the Consultant: Ryan A. Ruskay, President RMPK Funding Inc. 1016 Clemons Street Suite 406 Jupiter, Florida 33477 Tel: (561) 745-2401 12. GOVERNING LAW: The validity of this Agreement and the interpretation and performance of all of its terms shall be construed and enforced in accordance with the laws of the State of Florida, without regard to principles of conflict of laws thereof. The location of any legal action or proceeding commenced under or pursuant to this Agreement shall be in Miami- Dade County, Florida. 13. ARBITRATION: It is the intention of the parties that whenever possible, if a dispute or controversy arises hereunder then such dispute or controversy shall be settled by arbitration in accordance with the procedures, rules and regulations of the American Arbitration Association. The decision rendered by the Arbitrator shall be final and binding upon the parties and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Arbitration shall be held in Miami-Dade County, Florida. All costs of arbitration and attorneys' fees incurred by the parties shall be paid by the non-prevailing party or, if neither party prevails on the whole, each party shall be responsible for a portion of the costs of arbitration and their respective attorneys' fees as may be determined by the court on confirmation. C09JO- 019 RMPK FUNDING INC. AGREEMENT 14. MISCELLANEOUS: A. In the event any provIsIOn of this Agreement is found to be void and unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall nevertheless be binding upon the parties with the same effect as though the void or unenforceable provisions had been severed and deleted. B. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original for all purposes. C. This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and it shall supersede all previous and contemporaneous oral and written negotiations, commitments, agreements and understandings relating hereto. D. Any modification of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. E. No waiver of any provision of this Agreement shall be valid or enforceable unless such waiver is in writing and signed by the party granting such waiver. 15. CONFLICTING PROVISIONS: The terms and conditions in this Agreement supersede any other conflicting provisions that are contained in any other document, including but not limited to any attachments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written above. C09IO- 019 RMPK FUNDING INC. AGREEMENT WITNESSES: RMPK FUNDING INC. ~~ ~ /v) Signature) ~u..A~r tAiLOrL Print Name WI~SSES: It) 1 Signature ,,- / ~t. If! v Print Nam ATTEST: . ' B~~ Jane A: Hines, CMC, City Clerk N~ACH Conn , City Manager BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY-1{f..-vtAA ~ ~ -+=iPA... ans Ottinot, City Attorney C091O- 019 RMPK FUNDING INC. AGREEMENT .... RMPK FUNDI NG Public Funding. Governmental Advocacy .Economic Development · ENERGY EFFICIENCY & CONSERVATION BLOCK GRANT SCOPE OF SERVICES · Research and obtain necessary documents for the grant application · Complete all pre-application requirements that include: o DUNS Number o Central Contractor Registry (CCR) o FedConnect · Prepare and submit grant application and required federal forms for evaluation · Handle all follow up requests from Grantor relating to the application · Attend or coordinate any meetings necessary for the grant application · Prepare materials and make presentation as needed · Act as a liaison between the City and the Grantor · Provide City with updated timelines and information concerning the funding process ATTACHMENT "A" Work Order For Professional Services Date: November 12, 2009 To: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attention: Rick Conner City Manager Project: RESEARCH AND PREP ARA TION OF THE GRANT APPLICATION FOR THE 2009 EECBG NON-ENTITLED CITIES AND COUNTIES GRANT PROGRAM. File No. 1158 Description of Services: For professional services to be rendered in connection with the research, writing, and preparation of the grant application for the 2009 EECBG Non-Entitled Cities and Counties Grant Program. Compensation: Compensation shall be a lump sum of Five Thousand Dollars and no cents ($5.000.00). Upon your acceptance, a signed copy of this form will serve as your written authorization to proceed with the description of services as noted above. Thank you very much for this opportunity to be of service to the City of Sunny Isles Beach. Date: It/1M APPROVED BY THE SUNNY ISLES BEACH By: Rick Conner City Manager Date: ;~Y,~t'I'" 1016 Clemons Street, Suite 406' Jupiter, FL' 33477 Phone: 561.745.2401. Fax: 561.746.3380. rruskay@nnpkfunding.com Work Order For Professional Services Date: September 23, 2009 To: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Attention: Rick Conner City Manager Project: RESEARCH AND PREPARATION OF A GRANT APPLICATIONS FOR THE COASTAL PARTNERSHIP INITIATIVE, LAND AND WATER CONSERVATION FUND AND THE WATERWAYS ASSISTANCE PROGRAM. File No. 1160 Description of Services: For professional services to be rendered in connection with the research, writing. and preparation of a grant applications for the 20 I 0- 20 I I Coastal Partnership Initiative, Land and Water Conservation Fund and Waterway Assistance Program. Applications submitted for development of Belle Vista Park Project. Compensation: Compensation shall be a lump sum of Nine Tbousand. Five Hundred DoUan aDd no cents ($9.500.(H)). Upon your acceptance, a signed copy of this form will serve as your written authorization to proceed with the description of services as noted above. Thank you very much for this opportunity to be of service to the City of Swmy Isles Beach. Date: I/'H' By: SLES BEACH >1i'}>;9.!"<': Z.5, YO! 1016 Clemons Street, Suite 406' Jupiter, FL. 33477 Phone: 561.745.2401' Fax: 561.746.3380' rmskay@nnpkfunding.com --. . -'---.-...,... .... RMPK FUNDING Public Funding. Governmental Advocacy "Economic Development. SCOPE OF SERVICES General Grant Application · Research and obtain necessary documents for the grant application · Prepare and submit grant application for evaluation · Handle all follow up requests from State relating to the application · Attend or coordinate any meetings necessary for the grant application · Prepare materials and make presentation as needed · Act as a liaison between the City and the State · Provide City staff with updated timelines and information concerning the funding process · Provide County with one hard copy and one electronic copy of the submitted application. tdcDlJ (u/77., " Bella Vista Bay Park Develo ment . ! rl llll .: 1'11':':1 'In ill dll \1 :!' h It' ,'d I ~I"d' \1111< Ip.lI".! \'11 '.Ill: "(.'tlflir 1;1' I \ I;. Ifl' pI II, .1(lIlIh' Coastal Partnership Initiative $60.000 $60,000 All site elements October 28, I 2009 Waterways Assistance Program $200.000 $200.000 Shelters. Trails. Site March 31, Work, Kayak ICanoe 2010 Facilities and landscaping Land and Water $200,000 $200,000 All site elements March 2010 Conservation Program TOTAL $460,000 $460,000 . Funding plan is based on City's eligibility to apply for the listed funding opportunities. Prior awards or current projects may affect the ability of the City to obtain listed grants. . Grant amounts are based on maximum award possible. The cost of elements will ultimately determine the maximum amount to be obtained. . Other funding opportunities may be available; however, those listed are stable grant programs that normally occur every year. This list does not include line item appropriations from any local. station or federal government ...0 RMPK FUNDING Public Funding . Governm.n~1 Adlioclcy . Economic Development- Funding Opportunity 2010 Coastal Partnership Initiative The Florida Department of Environmental Protection providing funds through the Coastal Partnership Initiative for planning activities, land acquisition, small construction or capital improvement projects. This grant is designed to support innovative local-level coastal management projects in four program areas: public access, remari<able coastal places, working waterfronts and community stewardship, Examples of the types of projects supported by this grant include: . Construction and/orrenovatlon of beach and coastal access facilities . Planning and design of coastal projects such as boardwalks, riverwalks and fishing piers . Signage and education projects . Coastal wetland. shoreline and restoration projects . Exotic Vegetation Removal .v ..<' Application DeadUne: October 28, 2009 Grant Amount: $20,000-$60,000 Match: 1 to 1 (in cash or in-kind services) ,lppiil.:.ll\l~ fUfiJnJ dlJnll~ lht' ia"'II\\Q fllildill~ ndn ;I/'l' illl'lic.ihl~ 10 .lpph. . . . 1016 Clemons Street, Suite 406 · Jupiter, Florida 33477 Ph: (561) 745-2401 · Fax: (561) 746-3380' rruskay@rmpkfunding.com .... RMPK FUNDING Funding Opportunity 2010 Waterways Assistance Program Florida Inland Navigation District The Florida Inland Navigation District provides funds for the development or renovation of capital improvement projects enhancing public access to the AICW. Waterway related projects must be located on natural, navigable waterways within the District. Eligible waterway related projects include navigation channel dredging. channel mar1<erS, navigation signs or buoys, boat ramps. dOCking facilities, waterfront parks, kayak/canoe facilities. fishing & viewing piers. waterfront boardwalks. inlet management. environmental education, law enforcement equipment, boating safety programs, beach re-nourishment, dredge material management. environmental mitigation, and shoreline stabilization. Application Deadline: March 31, 2010 Grant Amount: $200,000 Match: 1 to 1 (in cash or in-kind services) . . . 1016 Clemons Street, Suite 406. Jupiter, Florida 33477 Ph: (561) 745-2401 · Fax: (561) 746-3380' rruskay@rmpkfunding.com - ...0 RMPK FUNDING Funding Opportunity 2008-2009 Land and Water Conservation Fund (LWCF) The U.S. Department of the Interior provides funds, administered by the Florida Department of Environmental Protection (DEP), for the acquisition or development of recreational facilities. GRANT CATEGORIES: Acauisition: This program funds the acquisition of land for open space, park sites conservation areas and trails. Develooment: Eligible facilities include picnic areas, trails, pools, ballfields, courts for tennis, basketball and volleyball, playgrounds, and boating and fishing features. A~sociated support facilities such as lighting, parking, restrooms, concessions, and landscaping are eligible, but may not account for more than 50% of the project cost. Application Deadline: Friday, February 27,2009 Maximum Grant Amount: $200,000 Match Requirement: 100% . . . 1016 Clemons Street, Suite 406. Jupiter, FlorIda 33477 Ph: (561) 745-2401 · Fax: (561) 746-8830 · rruskay@rmpkfundlng.com