HomeMy WebLinkAboutReso 2011-1710
RESOLUTION NO. 2011----1.:Ll6.
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 TWENTY
THOUSAND DOLLARS ($20,000.00), ATTACHED AS EXHIBIT "A";
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT;
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, on December 17, 2009 the City Commission via Resolution 2009-1501
approved an Agreement with RMPK Funding for Professional Grant Writing Services for upcoming
grants; and
WHEREAS, RMPK Funding assisted the City in securing several grants for Bella Vista
Park, Town Center Skate Park, and the Intracoastal Park; and
WHEREAS, the City wishes to enter into an agreement with RMPK Funding for
Professional Grant Writing Services, in an amount not to exceed Twenty Thousand Dollars
($20,000.00), attached hereto as Exhibit "A".
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 Twenty Thousand Dollars ($20,000.00), attached
hereto as Exhibit "A".
Section 2. Authorization of Mayor. The Mayor is hereby authorized to Execute said
Agreement.
Section 3. Authorization of City Manager. The City Manager or Designee is hereby authorized
to do all things necessary to effectuate this Resolution.
Section 4
Effective Date. This Resolution will become effective upon adoption.
PASSED AND ADOPTED this 21 st day of April 2011.
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R2011- RMPK Funding Agmt For Prof Grant Writing Srvs
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ATTEST:
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Jane A. Hines, CMC, City Clerk
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AS TO FORM
FICIENCY:
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Mayor Edelcup
Vice Mayor Thaler
Commissioner Aelion
Commissioner Gatto
Commissioner Scholl
Moved by:
Seconded by:
t::{Y es)
(Yes) ,
V(Yes)
~~Y es)
_(Yes)
R201 1- RMPK Funding Agmt For Prof Grant Writing Srvs
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_(No)
_(NO)
_(NO)
_(NO)
_(NO)
CITY OF SUNNY ISLES BEACH AND
RMPK FUNDING INC.
AGREEMENT CONTRACT NO. CIOII-040
THIS AGREEMENT, entered into this 2--\ ~ day of ~'(t.lv 2011, 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 t)'Z-. OCoOCf-;.11--
RECITALS
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, Consultant's bid was the lowest responsive responsible bid of the three (3)
bids received by the City for this project and the City wishes to contract with Consultant to
provide the desired Services; and
WHEREAS, the City desires to enter into an Agreement with Consultant to provide the
Services in a total amount not to exceed Twenty Thousand Dollars ($20,000.00).
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 by both parties and complete all phases of the Services, 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 Services in a timely manner.
3. TERM: The term of this Agreement shall commence upon the signing of this
Agreement by both parties and shall terminate no later than January 31, 2012, unless terminated
earlier by the City pursuant to Section 12 in this Agreement.
CIOII-040 RMPK FUNDING INC. AGREEMENT
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4. COMPENSATION. Consultant agrees to provide the Services in an amount not to
exceed Twenty Thousand Dollars ($20,000.00). 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 to the City's Finance Department 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.
5. 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.
6. INDEPENDENT CONSULTANT RELATIONSIllP: 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.
7. 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.
8. 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 its obligations under this Agreement.
CIOII-Q40 RMPKFUNDING INC. AGREEMENT
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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.
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.
9. INSURANCE
A. The Consultant shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees or subcontractors.
B. All insurance policies shall be issued by companies authorized to do business under the
laws of the State of Florida with an A.M. Bests' Rating of no less than A: VII. The
Consultant shall furnish Certificates of Insurance to the City, for approval, prior to the
commencement of work. The Certificate shall clearly indicate that the Consultant has
obtained insurance of the type, amount, and classification as required for strict
compliance with this contract and that no material change or cancellation of the insurance
shall be effective without thirty (30) days prior written notice to the City. Compliance
with the foregoing requirements shall not relieve the Consultant of its liability and
obligations under this Contract.
C. The Consultant shall maintain during the term of this Contract, standard Professional
Liability Insurance, or Errors and Omissions Insurance, of not less than $1,000,000
combined single limit.
D. Minimum limits of Insurance:
Workers Compensation Insurance - Statutory Limits
Employer Liability - $100,000/500,000
General Liability - $500,000 minimum per occurrence to include:
1.
2.
3.
4.
5.
Products - Completed Operations
Personal & Advertising Injury
Each Occurrence
Fire Damage
Medical Expense (Anyone Person)
500,000
500,000
500,000
50,000
5,000
ClOII-Q40 RMPK FUNDING INC. AGREEMENT
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E. The Consultant shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the amounts of not less than $500,000 combined single limit bodily
injury and $50,000 property damage to protect the Consultant from claims for damages
for bodily injury, including wrongful death, as well as from claims for property damage,
which may arise from the ownership, use, or maintenance of owned and non-owned
automobiles, including rented automobiles whether such operations be by the Consultant
or by anyone directly or indirectly employed by the Consultant.
F. The Consultant shall maintain, during the life of this Contract, adequate Workers
Compensation Insurance and Employer's Liability Insurance in at least such amounts as
are required by law for all of its employees performing work for the City pursuant to this
Contract. /
G. All insurance, other than Professional Liability and Workers Compensation to be
maintained by the Consultant shall specifically include the City as an "Additional
Insured".
Certificates of Insurance shall also contain a valid provision or endorsement that these
policies may not be canceled, terminated, changed, or modified without a thirty (30) day
written notice to the City Manager or his designee.
10. AVAILABILITY OF FUNDS
This Agreement shall be subject to an annual appropriation for this specific purpose by the City
Commission of Sunny Isles Beach. Should the City Commission fail to appropriate fund for this
Agreement, the City shall terminate this Agreement upon thirty (30) days written notice.
11. ASSIGNMENT: 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.
12. 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 (0) days to cure such default. If the default
remains uncured after ten (10) days the City may terminate this agreement.
ClOll-Q40 RMPK FUNDING INC. AGREEMENT
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(i). In the event of termination, all [mished 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 4 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
notice which shall become effective ten (10) days following receipt by Consultant. The terms of
Paragraph ACi) and (ii) above 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.
13. 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: Jorge Vera With a copy to:
Acting 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
ClOII-Q40 RMPK FUNDING INC. AGREEMENT
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14. 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.
15. 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.
16. 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.
F. The terms and conditions in this Agreement supersede any other conflicting
provisions that are contained in any other document.
CIOII-Q40 RMPK FUNDING INC. AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year fIrst written above.
RMPK FUNDING INC.
WITNESSES:
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Signature \)
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Print Name
Signature
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Pnnt Name
ATTEST:
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( Jane A. 'Hines, CMC, City Clerk
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crry OF SUNNY ISLES BEACH
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ClOII-Q40 RMPK FUNDING INC. AGREEMENT
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RMPK
FUNDING
Public Funding. Governmental Advocacy. Economic Developmente
April 12, 2011
Marcanthony Tulloch
Purchasing Agent
City of Sunny Isles Beach
18070 Collins Ave.
Sunny Isles Beach, FL 33160
Mr. Tulloch,
The City of SUlmy Isles Beach will receive all services listed under "Attaclunent A" in
the Professional Services Contract as provided in the City of Longwood contract dated
December 20,2010. As the contract states, the City of Sunny Isles Beach will receive the
same tem1s, conditions and pricing as listed in the City of Longwood's Professional
Services Contract.
If you have any questions, please feel free to contact me at 561-745-2401 or
rruska y(ci).nn p kfunding. com.
ATTACHMENT "A"
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CITY OF LONGWOOD
Fi)Slering dtizen Irllsl find cullii'ming ({ pro/'iperolls (,ulJ//Jlifllit,l'
March 2, 20 I I
Mr. Ryan Ruskay, President
KMPK Funding, Ine,
1016 Clemons Street, Suite 406
Jupiter, FL 33477
Dear Mr. Ruskay:
Enclosed is onepriginal executed Professional Services Agreement, for your files, dated
December 20, 20th between the City of Longwood and ~PK Funding! Inc. for Grant
Application Preparation and Orant Management Services.
If you have any questions regarding this matter, please give me a call at 407/263-2312.
Sincerely,
CITY OF LONG WOOD
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Nan Winterstein, FCRM
Records Clerk
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Enclosure
cc: Katrina Powell, City Administrator w/enclosure
Sarah MiniS, MMC, MBA, City Clerk
175 West Wmrcll .\ Vefll!~' . L\HIg.\I()()c.L I"hridil 32750 . (.107) 260-j,j,IO V (lice" (407) 260-3.j 19 Fa.\
w'Yly,long\voodfl.org
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PROfEssrONAt SERVICES AGREE~.tjENT
This contract is made as of the .20l!~ day of December, 2010, by and between the City of
Longwood, Seminole County, Florida, hereinafter referred to as the CITY, and RMPK Fundinq, Inc., a
corporation authorized to do business in the State of Florida, hereinafter referred to as the
CONSULTANT, whose address is: ).016 Clemons Street. Suite 406, Jupiter, FL 33477 in
consideration of the mutual promises contained herein, the CITY and the CONSULTANT agree:
The CONSULTANT'S responsibility under this Contract is to provide Grant Application Preoaration
and Grant Management Services as more specifically set forth in the proposal and Scope of Work
detailed as Exhibit "A",
The period of this Agreement shall commence on I.' 2) J - f I and all work shall be completed
by t ~-?)t- t )--. , or for a period of one (1) year:
The cm shall pay the CONSUL TANTfor satisfactory performance, as specified, subject to additions
and deletions by written Amendments as otherwise provided in this Contract. Services of the
CONSULTANT shall be performed in coordination with Katrina Powell, City Administrator or designee
who shall act as the CITY'S representatives during the performance of this Contract.
ARTICLE 1 - DEFINITIONS
The following definitions of terms associated with this Agreement are provided to establish a
common understanding between both parties to this Agreement, as to the intended usage,
application, and interpretation of terms pertaining to this Agreement.
1.01 "Cl7Y" means the City of Longwood, a political subdivision of the State of Florida, and any
official and/or employees thereof who shall be duly authorized to act on the City's behalf relative to
this Agreement.
1.02 "CONSUL TANT' means the individual or firm offering professional services, which has
executed this Agreement, and which sllall be legally obligated, responsible, and liable for providing
and performing any and all of the services, work and materials, including services and/or work of
sub-consultants and sub-contractors, required under the covenants, terms and provisions contained
in this Agreement and any and all Amendments thereto.
1.03 "PROFESSIONAL SERVICES" means all of the services, work, materials and all related
professional, technical and administrative activities which are necessary to be provided and
performed by the CONSULTANT and its employees and any and all sub-consultants and
sub-contractors the CONSULTANT may engage to provide, perform and complete the services
required pursuant to the covenants, terms and provisions of this Agreement.
1.04 "SUB-CONSUL TANT" means any individual or firm offering. professional services which is
engaged by the CONSULTANT to assist the CONSULTANT in providing and performing the
professional services, work and materials for which the CONSULTANT is contractually obligated,
responsible and liable to provide and perform under this Agreement. The CITY shall not be a party
to, responsible or liable for, or assume any obligation whatever for any Agreement entered into
between the CONSULTANT and any SU&CONSULTANT.
1.05 "PROJECT" means the facility, system, program or item as described in the summary
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statement set forth on Page 1 of this Agreement.
1.06 "SERVICES" means the professional services set fOlth and required, pursuant to the
Agreement and described in further detail in Exhibit "A".
1.07 "ADDmO/VAL SERVICES' means any professional services that the CITY may request the
CONSULTANT to provide and perform pursuant to this Agreernent, which are not included in the
SERVICES.
1.08 "PARTIES' means the signatories to this Agreement.
1.09 "CONTRACT AME/VDMENT"ll1eans a written document authorized by this Agreement which,
when executed by both parties, sets forth any changes to the "Scope of Professional Services" that
contemplates a change in the services, work, and materials to be provided and performed by the
CONSULTANT pursuant to this Agreement, sets forth the basis of compensation due to the
CONSULTANT therefore, and sets forth the time period and/or schedule for performance and
completion thereof.
1.10 "CONTRACT MA/VAGER"means the City Administrator or his designee, and shall be the point
of contact between the Consultant and the City. The CONTRACT [\1ANAGER, within the authority
conferred by Ordinance, acting as the City's designated representative shall issue written notification
to the CONSULTANT of any and all changes, when duly approved pursuant to this Agreement, in the
CONSULTANTS: (I) compensation (2) time and/or schedule of service delivery: (3) scope of
services; and (4) any other Amendment(s) or change(s) pertaining to this Agreement. The
CONTRACT MANAGER shall be responsible for acting on the City's behalf to administer, coordinate,
interpret and otherwise manage the contractual provisions and requirements set forth in this
Agreement, or CONTRACT AMENDMENT(S) issued there under. The Contract Manager shall also
serve and act on the City's behalf, to provide direct contact and communication between the City
and the Consultant, providing information, assistance, guidance, coordination, review, approval and
acceptance of the professional services, work and materials to be provided and performed by the
Consultant, pursuant to this agreement, and such Contract Amendment(s) as are duly authorized by
this agreement, and issued by the Contract Manager. The Contract Manager shall also review and
approve all requests submitted by the Consultant which involve payment for services and work
provided and performed, pursuant to this Agreement, and approved Work Order(s) and Contract
Amendment(s) thereto.
1.11 ItPROJECT COORDINATOR' means the person employed or retained by the City and
designated, in writing, to serve and act on the City's behalf to provide direct contact and
communication between the CITY and CONSULTANT, providing information, assistance, guidance,
coordination, review, approval and acceptance or-the professional services, work and materials to be
provided and performed by the CONSULTANT pursuant to this Agreement and such CONTRACT
AMENDIV1ENT(S) as are duly authorized by this Agreement, and issued by the CONTRACT MANAGER.
The PROJECT COORDINATOR is not authorized to, and shall not, issue any verbal, or written
request or instructions to the CONSULTANT that would have the effect, or be interpreted to have
the effect, of modifying or changing in any way whatever the: (I) CONSULTANT; (2) the time the
CONSULTANT is obligated to commence and complete all such services; (3) the amount of
compensation the CITY is obligated or committed to pay the CONSULTANT. The PROJECT
COORDINATOR shall review and make appropriate recommendations on all requests submitted by
the CONSULTANT which involve payment for services and work provided and performed, pursuant
this Agreement, and approved WORK CRDER(S) and CONTRACT AMENDMENT(S) thereto.
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1.12 "CONTRACT MODlFI01TION" means a written document betvoJeen the CITY and the
consultant signed by the owner and the consultant authorizing a change in the work or an
adjustment in the contract sum or the cortract time. A change order may only be authorized and
signed by the CITY. The contract sum and the contract time may be changed only by change
order. A change order may be in the form of additional compensation or time; or less
compensation or time known as a Deduction (from the contract) the amount deducted from the
contract sum by change order.
1.13 "CONTRACT MODlFICA TION REQUEST" means a written document issued by the CITY
requesting an adjustment to the contract sum or an extension of the contract trine.
ARTICLE 2 - PAYMENTS TO CONSULTANT
The CITY shall pay to the CONSUL TANTfor services rendered an amount as outlines in the Sample
Listing of Fees and will be processed by Work Order Authorization for Grant Application Preparation,
which includes all direct charges, indirect charges and reimbursable expenses, if any. The
CONSULTANT will bill the CITY for only the completed stage of billing and collection. The amounts
billed shall represent the completion of services outlined in the scope of services.
2.1 Invoices received from the CONSULTANT pursuant to this Contract will be reviewed and
approved by the CONTRAT MANAGER of the CITY who shall determine that services have
been rendered in conformity with the Contract. Upon approval,the invoice will be sent to
tile Financial Services Department for payment. Invoices must reference the current
purchase order number. Payment shall be made periodically in accordance with the
completed billing and collection phases.
2.2 Final payment shall not be made until the CONSULTANT delivers to the CITY, a complete
release of all sums due third parties arising out of this Contract using the "Subcontractor's
Affidavit" form furnished by the CITY certifying that all subcontractors, materials, and
supplies have been paid for any work related to this project.
ARTICLE 3 - TRUTH-IN-NEGOTIATION CERTIFICATE
Signature of this Contract by the CONSUL TAI\lT shall act as the execution of a truth-in-negotiation
certificate certifying that the wage rates and costs used to determine the compensation provided for
in this Contract are accurate, complete and current as of the date of the Contract.
The said rates and costs shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent
wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The CITY
shall exercise its rights under this "Certificate" within one year following final payment.
ARTICLE 4 - TERMINATION
CONSULTANT shall give the CITY written notice of any substantial failure to perform under this
Contract. If the CITY fails to correct said failure within 10 working days this Contract may be
terminated by the CONSULTANT upon 30 calendar days prior written notice to the CITY in the event
of substantial failure by the CITY to perform in accordance with the terms of this Contract through
not fault of the CONSULTANT. It may also be tenllinated by the cm with or without cause
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immediately upon written notice to the CO~JSUL TANT, Unless the CONSULTANT is in breach of tllis
Contract, the CONSUL TAI\JT shall be paid for services rendered to the CITY'S satisfaction through the
date of termination. After receipt of a Termination Notice and except as otherwise directed by the
CITY the CONSULTANT shall:
A, Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in process, completed work, and other material related to the
terminated work to the CITY and at the option of the CITY, transfer all Contracts
with subcontractors to the CITY. All Contracts with subcontractors shall provide that
the contract is assignable and assumable by the CITY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 5 - PERSONNEL
The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract. Such personnel shall not be employees of or
have any contractual relationship with the CITY.
All of the services required herein under shall be performed by the CONSULTANT or under its
supervision, and all personnel engaged in performing the services shall be fully qualified and, if
required, authorized or permitted under the state and local law to perform such services.
Any changes or substitutions in the CONSULTANT'S key personnel as may be listed herein must be
made known to the CITY'S representative prior to execution, and written approval granted by the
CITY before said change or substitution can become effective.
ARTICLE 6 - SUBCOI\ISULTANT
The City reserves the right to accept the use of a subconsultant or to reject the selection of a
particular subconsultant and to inspect all facilities of any subconsultant in order to make a
determination as to the capability of the subconsultant to perform properly under this Contract.
If a subconsultant fails to perform, as required by this Contract, and it is necessary to replace the
subconsultant to complete the work in a timely fashion, the CONSULTANT shall promptly do so,
subject to acceptance of the new subconsultant by th2 CITY.
ARTICLE 7 - FEDERAL AND STATE Ts?>X
The CITY is exempt from Federal Tax and State Tax for Tangible Personal Property. The CITY will
sign an exemption certificate submitted by the CONSULTANT. The CONSULTANT shall not be
exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with
the CITY, nor shall the CONSULTANT be authorized to use the CITY'S Tax Exemption Number in
securing such materials.
The CONSULTANT shall be responsible for payment of its own FICA and Social Security benefits with
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respect to this Contract.
ARTICLE 3 - j.\vAIlABIUlY 01= FUNDS
The obligations of the CITY under this Contract are subject to the availability of funds lawfully
appropriated for its purpose by the State of Florida and the City Commission of Longwood.
ARTICLE 9 - INSURANCE
A. The CONSULTANT shall procure and maintain for the duration of the contract insurance
against claims for injuries to persons or damages to property which may arise from or in
connection witll the performance of the work hereunder by the CONSULTANT, its agents,
representatives, employees or subcontractO"s.
B. All insurance policies shall be issued by companies authorized to do business under the laws
of the State of Florida with a Bests' Ratingof no less than A: VII. The CONSULTANT shall
furnish Certificates of Insurance to the CITY, for approval, prior to tile commencement of
work. The Certificate shall clearly indicate that the CONSULTANT has obtained insurance of
the type, amount, and classification as required for strict compliance with this contract and
that no material change or cancellation of the insurance shall be effective without thirty (30)
days prior written notice to the CITY. Compliance with the foregoing requirements shall not
relieve the CONSULTANT of its liability and obligations under this Contract.
C. The CONSULTANT shall maintain during the term of this Contract, standard Professional
Liability Insurance, or Errors and Omissions Insurance, of not less than $1,000,000
combined single limit.
D. Minimum limits of Insurance:
Workers Compensation Insul"ance- Statutory Limits
Employer Liability - $100,000/500,000
General Liability- $500,000 minimum per occurrence to include:
1.
2.
3.
4.
5.
Products - Completed Operations
Personal & Advertising InjulY
Each Occurrence
Fire Damage
Medical Expense (Anyone Person)
500,000
500,000
500,000
50,000
5,000
E. The CONSULTANT shall maintain, during the life of this Contract, comprehensive automobile
liability insurance in the amounts of not less Uian $500,000 combined single limit bOdily
injury and $50,000 property damage to protect the CONSULTANT from claims for damages
for bodily injury, including wrongful death, as well as from claims for property damage,
which may arise from the ownership, use, or maintenance of owned and non-owned
automobiles, including rented automobiles whether such operations be by the CONSULTANT
or by anyone directly or indirectly employed by the CONSULTANT.
F. The CONSULTANT shall maintain, during the life of this Contract, adequate Workers
Compensation Insurance and Employer's Liability Insurance in at least such amounts as are
required by law for all of its employees performing work for the cm pursuant to this
Contract.
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G. All insurance, other than Professional Liabilily and Workers Compensation to be maintained
by the CONSULTANT shall specifically include the CITY as an "Additional Insured".
Certificates of Insurance shall also contain a valid provision or endorsement that these
policies may not be canceled, terminated, changed, or modified without a thilty (30) day
written notice to the City. In the cancellation clause the word "ENDEAVOR" shall be
excluded and the number 30 inserted in the blank space provided before the word "days
prior notice...". All contractor policies are to be considered primary to City coverage and
shall not contain co-insurance provisions.
ARTICLE 10 - TIMELY ACCOMPUSwlMENT Of SERVICES
The timely and expeditious accomplishment and completion by the CONSULTANT of all professional
services provided pursuant to this Agreement, and any Amendments or changes thereto, is of the
essence. The CONSULTANT agrees to employ, engage, retain and/or assign an adequate number of
personnel throughout the period of this /-\greelllent so that all professional services provided
pursuant to this Agreement, any Amendments or changes thereto will be provided, pelformed and
completed in a diligent, continuous, expeditious ane! timely manner throughout
ARTICLE 11 - STANDARD OF SERVICES PROVIDED
The CONSULTANT agrees to provide and perform the professional services provided pursuant to this
Agreement, and any Amenclmellts or changes thereto, in accordance with generally accepted
standards of professional practice and in accordance with the laws, statutes, ordinance, codes,
rules, regulations and requirements of any and all governmental agencies which may regulate or
have jurisdiction over tile project and services to be provided and/or performed by the
CONSULTANT, and by any Sub-consultant(s) and/or subcontractor(s) engaged by the CONSULTANT.
In addition, the CONSULTANT hereby represents and warrants that is has and will continue to
maintain all licenses and approvals required to conduct its business, and that it will at all times
conduct it business activities in a reputable manner.
ARTICLE 12 - INDEMNIFICATION
The CONSULTANT shall indemnify anclholcl harmless the CITY, its officers, agents, and employees
harmless from and against all claims, suits, actions, damages and/or cause of action which may
arise from any negligent act or omission of the CONSULTANT, its agents, servants, or employees as
a result of the performance of services under this Contract, and from and against all costs,
attorney's fees, expenses and liabilities incurred in or by reason of tile defense of any such c1aimr
suit or action, and the investigation thereof. Nothing in the Contract shall be deemed to affect the
rigllts, privileges and immunities of tile CITY as set forth in Florida Statutes 768.28.
ARTICLE 13 - SUCCESSORS AND ASSIGNS
The CITY and the CONSULTANT each binds itself and its partners, successors, e)(ccutorsr
administrators and assigns to the other party of this Contract and to tile partners, successors,
executors, administrators and assigns or such other party, in respect to all covenants or- this
Contract. Except as above, neither the CITY nor lhe CONSULTANT shal assign, sublet, conveyor
transfer its interest in this Contract without tile written consent of the other. Nothing herein sh<lll be
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construed as creating any personal liability on the part of any officer or agent of the CITY, whicll
may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone
other than the CITY and the COI\JSUL TANT.
ARTICLE 14 - REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any and all legal action
necessary arising out of the contract will have its venue in Seminole County and ti,e contract will be
interpreted according to the laws of Florida. No remedy herein conferred upon61ny party is intended
to be exclusive of any other remedy, and each and every other remedy given hereunder or now or
hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any
party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof.
If any legal action or other proceeding is brought for the enforcement of this Contract, or because of
an dispute, breach, default, or misrepresentation in connection with any provision of this Contract,
the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees,
court costs and all expenses (including taxes) even if not taxable as court costs (inclucliil~!, without
limitation] all such fees, costs and expenses incident to appeals), incurred in thai: action Or
proceeding, in addition to any other relief to v"hich such party or parties may be entiLiccl.
ARTICLE j,5 - CONFLICT OF Il\JTEI-iEST
The CONSULTANT represents that it presently has no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required
hereunder, as provided for in Florida Statutes 112.311. The CONSULTANT further repn::5Cl1ts that
no person having any interest shall be employed for said performance. The CONSULTf'.i\JT shall
promptly notify the CITY in writing by celtified mail of all potential conflicts of intcn~:)_ For any
prospective business association] interest or other circumstances which may influence U:- l:ppear to
influence the CONSULTANT'S judgement or quality of services being provided hereul:r::.:::r, Such
written notification shall identify the prospective business association, interest Or cil"cumst:ances, the
nature of work that the CONSULTANT may undertake and request an opinion of the CITY as to
whether the association, interest or circumstance would, in the opinion of the CITY, constitute a
conflict of interest if entered into by the CONSULTANT. The CITY' agrees to notify the Cm~SULTANT
of its opinion by certified mail within 30 days of receipt of notification by the CONSUL T.:\J.JT. If, in
the opinion of the CITY, the prospective business association, interest or circumstance: \/uuld not
constitute a conflict of interest by the CONSUL Ti\NT, the CITY shall so state in th::; nOlii:,: lion and
the COI\JSUL TANT shall, at its option, enter into said association, interest or circumstance ;: :c; it shall
be deemed not in conflict of interest with respect to services provided 1.0 Lhe CJ:\ by the
CONSULTANT under the terms of this Contract. If the CITY in its sole discretion detc;T",nes that
there is a conflict, the CONSULTANT shall not enter into or terminate the Contract with ti;c i)Usiness
associate.
ARTICLE 16 - ARREARS
The CO~JSUL TANT shall not pledge the CITY'S credit or make it a guarantor of p,-1'/ment: Ui .
any contract] debt, obligation, judgement, lien, or any form of indebtedness, TiiC CC
further warrants and represents that it has no obligation or indebtedness that "voule! illlp,. .
to fulfill the terms of the Contract.
; :;~ly for
L.TANT
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ARTICLE 17 - DISCLOSURE OF OWNERS:-3IP m= DOCUMENTS
The CONSULTANT shall deliver to the ClIY ror approval and acceptance, and bc\:re eiic:'" . for final
payment of any arnounts due, all documents and materials prepared by and for ;: il~ en 'der this
Contract.
All written and oral information not in the public domain or not previously know! I, c111d <JL 'nllation
and data obtained, developed, or supplied by tile CITY at its expense will be kepi: c:onric!. ul by the
CONSULTANT and will not be disclosed to any other party, directly or indirectly, V'Jithou: :,,' ~ CITY'S
prior written consent unless required by a lawful order of court. All drawings, rnaps, skc:L:i 1(~S, and
other data developed, or purchased, under this Contract or at the CITY'S expense S:lc,:j be and
remain its property and may be reproduced and reused at the discretion ofth(,: CITY,
If and as requested, the CITY shall comply with the provisions of Chapter _, i:U!
(Public Record Law).
':atutes
ARTICLE 18 - INDEPENDENT RElAnONSR-JU'.l
The CONSULTANT is, and shall be, in the performance of all work services and c:: ijvit:c ' ::Ier this
Contract, an Independent Contractor, and not an employee, agentl or serV(.']i":l of til, ulY. All
persons engaged in any of the work or services performed pursuant to this CmtrcH ' at all
times, and in all places, be subject to the COI\JSUL TANT'S sole direction, SUpCYil',ioll, ;;!:; control.
The CONSULTANT shall exercise control over the means and manner in which ii, ,;:"ei iL ployees
perform the work, and in all respects the CONSULTANT'S relationship and j '.,,:i~;_: ) of its
employees to the CITY shall be that of an Independent Contractor and not as 2(::pioyc, agents
of the CITY. The CONSULTANT does not h(1ve the power or authority to birlci the l, "in any
promise, agreement or representation other than specifically provided for in :;-i!..; i~Ji 'nt.
ARTICLE 19., CONTINGENT FEES
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i]ift, or
ntract.
The CONSULTANT warrants that it has not employed or retained any company i>
a bona fide employee working solely for the CONSULT/.\NTto solicit or secure ti";
it has not paid or agreed to pay any person, company, corporation, individuaL: "
bona fide employee \Norking solely for the Cm,JSULTAI\JT, any fee, commissio; ,
any other consideration contingent upon or resulting from the award or ma;:,i:,
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ARTICLE 20 - ACCESS AND AUDITS
The CONSULTANT shall maintain adequate records to justify all charges, t ';'::'1';(;
incurred in performing the work for at least three (3) years after completion ui' ::li:, C;
CITY or its duly authorized representatives shall have clccess to such books, rel'"
as required in this section for the purpose of inspection, audit, excerpts ane!
normal business hours, at the CITY'S cost, upon A\fl~ ej) days written nolicc'
i costs
t. The
iments
during
ARTICLE 21 - NONDISCRIMINATION
The COl\ISUL TAI\JT warrants and represents that ali of its employees are ere
employment without regard to race, color, religion, sex, age or national orig::
during
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ARTICLE 21 - NOTICE
All notices required in this Contract shall be sellt by certified mail, return rccei.. . (.,
sent to tile CITY shall be mailed to:
City of Longwood Purchasing Division
Attention: Purchasing Agent
175 West Warren Ave.
Longwood, FL. 32750
And if sent to the CONSULTANT shall be mailed to:
RMPK Funding, rne.
1016 Clemons Street, Suite 40G
Jupiter, FL 33477
IN WITNESS WHEREOF, the City Commission of the City of Longwood, Fh .da b,.
executed this Contract on behalf of the CITY and CONSULTANT has hereuni:o tit's
and year above written.
AlTEST:
CITY OF LONGWOOD, F1 UD
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WITNI;SS (Consultant):
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RMPK
FUNDING
.
1016 Clernons Street. Suite 406, jupiter, FL 33477
(561) 745-2401' Fax(561) 746-3380. rruskay@rrnpkfunding,corn
Scope of Services
Grant Application Preparation
. Research and obtain necessary documents for the grant application.
. Prepare an submit grant application 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 to any necessary government agencies.
. Act as a liaison between the City and the State or Federal granting agency and legislature.
. Provide City staff with updated timelines and information concerning the funding process.
Grant Management Services
. Act as a liaison between the city and local, state and federal agencies.
. Compile, prepare and submit the necessary commencement, pre-reimbursement and
cash-flow projections.
· Prepare and submit quarterly or semi-annual status reports.
. Compile, prepare and submit grant close-out documentation.
. Prepare and submit reimbursement packages and coordinate with the City and the
necessary agencies to ensure the accuracy and timeliness of the reimbursement
of funds to the community.
. Handle all amendments, requests for time extensions and other situations involving
the grant project and its successful completion.
· Prepare a monthly newsletter that provides upcoming funding
opportunities and the status of grant applications,
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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:
MinaI Shah, Assistant City Manager-Finance
DATE:
4/21/2011
RE:
Resolution to Approve an Agreement with RMPK Funding for
Professional Grant Writing Services.
RECOMMENDA TION:
Staff recommends approval of the resolution authorizing RMPK Funding in the amount
not to exceed $20,000 for grant writing services.
REASONS:
The City utilized RMPK funding for grant writing services in the prior fiscal year.
RMPK Funding assisted the City in securing the following grants:
FY 2009/10 Land Water Conservation Program Bella Vista Park $200,000
FY 2010/11 Florida Coastal Management Program Bella Vista Park 60,000
In addition, RMPK has submitted grant applications to the following agencies for City
projects which are currently in the granting agency review process:
FY 2011-12 Florida Recreation Development Assistance Grant Town Center SkatePark
$200,000
FY 2011-12 Florida Recreation Development Assistance Grant Intracoastal Park
$200,000
FY 2010-11 Land and Water Conservation Fund Grant Intracoastal Park $200,000
FY 2011-12 Florida Communities Trust Intracoastal Park $3,200,000
In the current fiscal year to date, the City paid $9,500 for grant writing services; $6,000
for the Florida Communities Trust grant of $3.2 million and $3,500 for 2011 Land and
Water Conservation Fund grant of $200,000. Staff plans to submit a few more grant
applications through the end of the year with an average cost of $3,500.
Besides grant writing services, RMPK Funding provides follow up support in ensuring
Agenda I tern
http://sibagenda.sibfl.net/agenda/Preview .aspx?l temlD=4 74&MeetingID:
Date
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all questions arising during the grant application review process are addressed and all
follow up documentation is submitted. In most times, RMPK Funding professional
service costs qualifies as an eligible grant reimbursement.
FUNDING SOURCE:
Funding is available in 10-513-5317
ATTACHMENTS:
. Resolution
. Agreement
http://sibagenda.sibfl.net/agenda/Preview.aspx?l temlD=4 74&MeetingID=0&MeetingDate... 4/15/2011