2022-06-07 Ex 09Exhibit 9
Agreement Between the City of Okeechobee and RMPK Funding
6/7/2022
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter "Agreement")
is made and entered into this day of 2022, by and between THE
CITY OF OKEECHOBEE, a Florida municipal corporation (hereinafter the "CITY")
and RMPK FUNDING, INC., a Florida corporation (hereinafter "CONTRACTOR").
WITNESSETH
WHEREAS, the CITY is a municipal corporation of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of the CITY; and
WHEREAS, the CITY has the full power and authority to enter into the transactions
contemplated by this Agreement; and
WHEREAS, CONTRACTOR is in the business of consulting in the CITY, Okeechobee
County, and elsewhere in the State of Florida; and
WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and
technical expertise to perform the services contemplated by this Agreement in a timely and
professional manner consistent with the standards of the industry in which CONTRACTOR
operates;
WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies
with regard to the use of the E-Verify system by their contractors and subcontractors; and
WHEREAS, CONTRACTOR was the successful bidder of a project competitively bid
by the City of Oakland Park as identified in Grant Pdanagement Consultant RFP #030917,
executed on April 5, 2017, and renewed on April 5, 2021, and such award by another
governmental agency satisfies the CITY's procurement policy; and
WHEREAS, CONTRACTOR agrees to provide such goods and services for the CITY
as more particularly described in this Agreement;
NOW THEREFORE in consideration of the premises, and in consideration of the mutual
conditions, covenants, and obligations hereafter expressed, the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to
the parties to enter into this Agreement, and are hereby ratified and made a part of this
Agreement.
2. Description of Work.
a. The CITY hereby retains CONTRACTOR to furnish services as described in the Scope
of Services, which is attached hereto as Exhibit A and incorporated herein by
reference. Any conflict between the terms and conditions in the body of this Agreement
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Agreement Between the City of Okeechobee and RMPK Funding
and the terms and conditions set forth in Exhibit A will be resolved in favor of the body
of this Agreement.
b. CONTRACTOR must provide all permits, labor, materials, equipment, and
supervision necessary for the completion of the Scope of Services, unless specifically
excluded.
C. CONTRACTOR must also comply with, and abide by, all requirements as contained
in any invitation to bid, request for proposals, request for qualifications, bid
specifications, engineering plans, shop drawings, material lists, or other similar
documents issued for this project by the CITY, together with any addenda, all of which
are hereby incorporated into this Agreement by reference and are declared to be
material part of this Agreement.
3. Commencement and completion/Term. This Agreement has a Term of one year,
beginning on the date of the execution of this Agreement and ending one year thereafter, and
may be renewed for up to two (2) additional one (1) year Terms, upon agreement of the parties
in writing unless sooner terminated under the terms of this Agreement.
4. Payment.
a. The CITY agrees to compensate CONTRACTOR, for work actually performed under
this Agreement, at the rate or basis described in Exhibit A, whiich is attached hereto
and incorporated herein by reference. CONTRACTOR must perform all work required
by the Scope of Services, but in no event will CONTRACTOR be paid more than the
negotiated amount set forth in Exhibit A.
b. Progress payments, if any, will be made as set forth in Exhibit A.
The CITY reserves the right to ratably withhold amounts in the event of the
nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must,
without additional compensation, correct and revise any errors, omissions, or other
deficiencies in its work product, services, or materials arising from the error or
omission or negligent act of CONTRACTOR..
5. Payment and performance guarantee. When the CITY finds the work acceptable under
this Agreement, the monthly installment will be paid to CONTRACTOR. CONTRACTOR
guarantees the successful performance of the work for the service intended. If the CITY deems it
inexpedient to require CONTRACTOR to correct deficient or defective work, the CITY may
make an equitable deduction from the contract price, or, in the alternative, the CITY may seek
damages.
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Agreement Between the City of Okeechobee and RMPK Funding
6. Termination.
a. Termination at Will: This Agreement may be terminated by the CITY in whole or in
part at any time without cause by the CITY giving written notice; to CONTRACTOR
not less than 30 days prior to the date of termination; provided, however, that in such
event, neither party will be relieved from its rights or obligations of this Agreement
through the date of the actual termination. Notice must be delivered by certified mail,
return receipt requested, or in person with proof of delivery.
b. Termination for Cause: This Agreement may be terminated by either party for cause
by the CITY or CONTRACTOR giving written notice to the otht;r party not less than
10 days prior to the date of termination; provided, however, that in such event, neither
party will be relieved from its rights or obligations of this Agreement through the date
of the actual termination. Notice must be delivered by certified mail, return receipt
requested, or in person with proof of delivery.
7. Project management.
a. The Project Managers for this project are as follows. Any subsequent changes to the
Project Manager for either party may be provided by notice as described below and
does not require an amendment to this Agreement.
b. CITY's Project Manager is: Gary Ritter, City Administrator.
C. CONTRACTOR's Project Manager is: Ryan Ruskay, President.
8. Notices. Any notices required by this Agreement shall be in writing and shall be deemed
to have been properly given if transmitted by hand -delivery, by registered cr certified mail with
postage prepaid return receipt requested, or by a private postal service, addressed to the parties
(or their successors) at the following addresses:
For the City: City Administrator
City of Okeechobee
55 SE 3rd Avenue, Room 201
Okeechobee, FL 34974
With a copy to: John J. Fumero, Esq.
City Attorney
Nason Yeager Gerson Harris & Fumero, PA
750 Park of Commerce Blvd., Suite 210
Boca Raton, FL 33487
For the CONTRACTOR: RMPK Funding, Inc.
Attention: Ryan Ruskay, President
601 Heritage Dr. #404
Jupiter, FL 33458
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Agreement Between the City of Okeechobee and RMPK Funding
9. Insurance.
a. CONTRACTOR must maintain such insurance as will fully protect both
CONTRACTOR and the CITY from any and all claims under any Workers
Compensation Act or Employers Liability Laws, and from any al. -id all other claims of
whatsoever kind or nature to the damage or property, or for personal injury, including
death, made by anyone whomsoever, that may arise from operations carried on under
this Agreement, either by CONTRACTOR, any subcontractor, or by anyone directly or
indirectly engaged or employed by either of them.
b. The insurance coverage required by this Agreement must be as follows:
Commercial General Liability coverage with limits of liability of not less than a
$1,000,000 per Occurrence combined single limit for Bodily Injury and Property
Damage. This Liability Insurance shall also include Completed Operations and
Product Liability coverages and eliminate the exclusion with respect to property
under the care, custody and control of Consultant. The General Aggregate
Liability limit and the Products/Completed Operations Liability Aggregate limit
shall be in the amount of $2,000,000 each.
ii. Workers Compensation and Employer's Liability insurance, to apply for all
employees for statutory limits as required by applicable State: and Federal laws.
The policy(ies) must include Employer's Liability with minimum limits of
$1,000,000.00 each accident. No employee, subcontractor or agent of the
Consultant shall be allowed to provide Services pursuant to this Agreement whi
is not covered by Worker's Compensation insurance.
iii. Business Automobile Liability with minimum limits of $1,000,000 per
Occurrence, combined single limit for Bodily Injury and Property Damage.
Coverage must be afforded on a form no more restrictive than the latest edition;
of the Business Automobile Liability policy, without restrictive endorsements, as
filed by the Insurance Service Office, and must include Owned, Hired, and Noti-
Owned Vehicles.
iv. Professional Liability Insurance in an amount of not less than $1,000,000.00
per occurrence, single limit.
C. CONTRACTOR must furnish the CITY with Certificates of Insurance, which are to
be signed by a person authorized by that insurer to bind coverage on its behalf,
reflecting the City as an Additional Insured (except with respect to professional
Liability Insurance and Worker's Compensation Insurance), no later than ten (10) days
after award of this Agreement and prior to the execution of this Agreement by City
and prior to commencing Services. Each certificate shall include no less than (30)
thirty -day advance written notice to City prior to cancellation, termination, or material
alteration of said policies or insurance. The Consultant shall be responsible for assuring
that the insurance certificates required by this Section remain in full force and effect
for the duration of this Agreement, including any extensions or mnewals that may be
granted by the City. The Certificates of Insurance shall not only name the types of
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Agreement Between the City of Okeechobee and RMPK Funding
policy(ies) provided, but also shall refer specifically to this Agreement and shall state
that such insurance is as required by this Agreement. The City reserves the right to
inspect and return a certified copy of such policies, upon written request by the City.
If a policy is due to expire prior to the completion of the Services, renewal Certificates
of Insurance shall be furnished thirty (30) calendar days prior to the date of their policy
expiration. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the City before any policy
or coverage is cancelled or restricted. Acceptance of the Certificate(s) is subject to
approval of the City.
d. Except with respect to Professional Liability Insurance and Worker's Compensation
Insurance, the City is to be specifically included as an Additional Insured for the
liability of the City resulting from Services performed by or on behalf of the Consultant
in performance of this Agreement. The Consultant's insurance, including that
applicable to the City as an Additional Insured, shall apply on a primary basis and any
other insurance maintained by the City shall be in excess of and shall not contribute to
the Consultant's insurance. The Consultant's insurance shall contain a severability of
interest provision providing that, except with respect to the total limits of liability, the
insurance shall apply to each Insured or Additional Insured (for applicable policies) in
the same manner as if separate policies had been issued to each.
The insurance coverages procured by CONTRACTOR as required herein will be
considered as primary insurance over and above any other insurance, or self—
insurance, available to CONTRACTOR, and any other insurance, or self-insurance
available to CONTRACTOR will be considered secondary to, or in excess of the
insurance coverage(s) procured by CONTRACTOR as required herein.
10. General Provisions. CONTRACTOR must comply with the following; general provisions:
a. Bond. If a surety bond has been required for CONTRACTOR's faithful performance
and payment, and if at any time the surety is no longer acceptable to the CITY,
CONTRACTOR must, at its expense, within five (5) days after the receipt of notice
from the CITY to do so, furnish an additional bond or bonds in such form and with
such Surety or Sureties as are satisfactory to the CITY. The CITY will not make any
further payment to CONTRACTOR, nor will any further payment be deemed to be
due to CONTRACTOR, until such new or additional security for the faithful
performance of the work is furnished in a rrianner and form satisfactory to the CITY.
b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations pertaining to or regulating the provision of such services, including those
now in effect and hereafter adopted.
C. Personal nature of Agreement; Assignment.
i. The parties acknowledge that the CITY places great reliance, and emphasis upon
the knowledge, expertise, training, and personal abilities of CONTRACTOR.
Accordingly, this Agreement is personal and CONTRACTOR is prohibited from
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Agreement Between the City of Okeechobee and RWK Funding
assigning or delegating any rights or duties hereunder without the specific
written consent of the CITY.
ii. If CONTRACTOR requires the services of any subcontractor or professional
associate in connection with the work to be performed under this Agreement,
CONTRACTOR must obtain the written approval of the CITY Project Manager
prior to engaging such subcontractor or professional associate. CONTRACTOR
will remain fully responsible for the services of any subcontractors or
professional associates.
d. Discrimination.
i. CONTRACTOR shall not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment
because of age, ethnicity, race, religious belief, disability, national origin, or sex.
CONTRACTOR shall not exclude any person, on the grounds of age, ethnicity,
race, religious belief, disability, national origin, or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity
under, this Agreement.
ii. CONTRACTOR shall provide a harassment -free workplace, with any allegation
of harassment given priority attention and action by management.
Independent contractor.
CONTRACTOR is, and will be deemed to be, an independent: contractor and not
a servant, employee, joint adventurer, or partner of the, CITY. None of
CONTRACTOR's agents, employees, or servants are, or will be deemed to be,
the agent, employee, or servant of the CITY. None of the benefits, if any,
provided by the CITY to its employees, including but not limited to,
compensation insurance and unemployment insurance, are available from the
CITY to the employees, agents, or servants of CONTRACTOR.
CONTRACTOR will be solely and entirely responsible for its acts and for the
acts of its agents, employees, servants, and subcontractors during the
performance of this Agreement. Although CONTRACTOR is an independent
contractor, the work contemplated herein must meet the approval of the CITY
and is subject to the CITY's general right of inspection to seci.tre the satisfactory
completion thereof. CONTRACTOR must comply with all Federal, State and
municipal laws, rules and regulations that are now or may in the future become
applicable to CONTRACTOR, or to CONTRACTOR's business, equipment, or
personnel engaged in operations covered by this Agreement or accruing out of
the performance of such operations. The CITY will not be held responsible for
the collection of or the payment of taxes or contributions of any nature on behalf
of CONTRACTOR.
ii. CONTRACTOR will bear all losses resulting to it on account of the amount or
character of the work, or because of bad weather, or because of errors or
omissions in its contract price.
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iii. CONTRACTOR must utilize, and must expressly require all subcontractors to
utilize, the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by CONTRACTOR and
any subcontractors during the Term of this Agreement.
f. Indemnification.
i. CONTRACTOR must indemnify and hold the CITY harmless against and from
any and all claims, losses, penalties, interest, demands, judgments, costs,
damages, or expenses, including attorney's fees and court costs, incurred by the
CITY, or its agents, officers, or employees, arising directly or indirectly from
CONTRACTOR's performance under this Agreement oi- by any person on
CONTRACTOR's behalf, including but not limited to those claims, losses,
penalties, interest, demands, judgments, costs, damages, or expenses arising out
of any accident, casualty, or other occurrence causing injury to any person or
property. This includes persons employed or utilized by CONTRACTOR
(including CONTRACTOR's agents, employees, and subcontractors).
CONTRACTOR must further indemnify the CITY against any claim that any
product purchased or licensed by the CITY from CONTRACTOR under this
Agreement infringes a United Stakes patent, trademark, or copyright.
CONTRACTOR acknowledges that CONTRACTOR has received
consideration for this indemnification, and any other indemnification of the
CITY by CONTRACTOR provided for within the Scope of Services, the
sufficiency of such consideration being acknowledged by CONTRACTOR, by
CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation
will not be limited by, or in any way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance, whether such
insurance is in connection with this Agreement or otherwise. Such
indemnification is in addition to any and all other legal remedies available to the
CITY and not considered to be the CITY's exclusive remedy.
ii. In the event that any claim in writing is asserted by a third party which may
entitle the CITY to indemnification, the CITY must give notice thereof to
CONTRACTOR, which notice must be accompanied by a ropy of statement of
the claim. Following the notice, CONTRACTOR has the right, but not the
obligation, to participate at its sole expense, in the defense, compromise or
settlement of such claim with counsel of its choice. If CONTRACTOR does not
timely defend, contest, or otherwise protect against any suit, action or other
proceeding arising from such claim, or in the event the CITY decides to
participate in the proceeding or defense, the CITY will have: the right to defend,
contest, or otherwise protect itself against same and be reimbursed for expenses
and reasonable attorney's fees and, upon not less than ten (10) days' notice to
CONTRACTOR, to make any reasonable compromise or settlement thereof. In
connection with any claim as aforesaid, the parties hereto must cooperate fully
with each other and make available all pertinent information necessary or
advisable for the defense, compromise or settlement of such claim.
iii. The indemnification provisions of this paragraph will survive the termination of
this Agreement.
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Agreement Between the City of Okeechobee and RMPK Funding
g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the CITY's liability beyond that provided in section 768.28, Florida Statutes.
Nothing in this Agreement is a consent, or will be construed as consent, by the CITY
to be sued by third parties in any matter arising out of this Agreement.
h. Public records.
CONTRACTOR is a "Contractor" as defined by Section 119.0701(1)(a), Florida
Statutes, and must comply with the public records provisions of Chapter 119,
Florida Statutes, including the following:
1. Keep and maintain public records required by the CITY to perform the
service.
2. Upon request from the CITY's custodian of public records, provide the
CITY 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 Chapter 119 or as otherwise provided by law.
3. 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 this Agreement term and following
completion of the Agreement if CONTRACTOR does not transfer the
records to the CITY.
4. Upon completion of this Agreement, transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR or keep and maintain
public records required by the CITY to perform the service. If
CONTRACTOR transfers all public records to the CITY upon
completion of this Agreement, CONTRACTOR must destroy any
duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of this Agreement,
CONTRACTOR must meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the
CITY.
ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may,
from time to time, be amended.
iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119
and related law, CONTRACTOR will have the burden of establishing such
exemption, by way of injunctive or other relief as provided by law.
iv. CONTRACTOR consents to the CITY's enforcement of CONTRACTOR's
Chapter 119 requirements, by all legal means, including, but not limited to, a
mandatory injunction, whereupon CONTRACTOR must pay all court costs and
reasonable attorney's fees incurred by CITY.
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v. CONTRACTOR's failure to provide public records within a reasonable time may
be subject to penalties under Section 119.10, Florida Statutes. Further, such
failure by CONTRACTOR will be grounds for immediate unilateral cancellation
of this Agreement by the CITY.
vi. 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 AGREEMENT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, LANE GAMIOTEA, CITY CLERK, 863-763-3372;
EMAIL: Igamioteageityofokeechobee.com; MAILING ADDRESS: City of
Okeechobee, 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974.
Federal or State Funding. If any portion of the funding for this Agreement is
derived from the State of Florida, or any department of the State of Florida, or from
federal funding through the State of Florida, the provisions of this sub -paragraph
shall apply, provisions elsewhere in this Agreement to the contras y notwithstanding.
CONTRACTOR shall make inquiry from the CITY's Project Manager to determine
whether Federal or State funding is applicable to this Agreement.
i. E-Verify. CONTRACTOR must utilize, and must expressly require all
subcontractors to utilize, the U.S. Department of Homeland :Security's E-Verify
system to verify the employment eligibility of all new employees hired by
CONTRACTOR during the Term of this Agreement.
ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and
its subcontractors are not agents or employees of the Federal 13overnment, of the
State of Florida, or of any department of the Federal Government or the State of
Florida.
iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify and hold harmless the CITY, Okeechobee County, the Federal
Government, the State of Florida, any department of the Federal Government or
the State of Florida, and all officers and employees, from liabilities, damages,
losses and costs including, but not limited to, reasonable attorney's fees, to the
extent caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. This indemnification
shall survive the termination of this Agreement. Nothing contained in this
paragraph is intended to nor shall it constitute a waiver of the State of Florida
and the CITY's sovereign immunity.
iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers'
Compensation Insurance in accordance with Florida's Workers' Compensation law
for all employees. If subletting any of the work, CONTRACTOR must ensure that
the subcontractor(s) have Workers' Compensation Insurance for their employees
in accordance with Florida's Workers' Compensation law. If using "leased
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Agreement Between the City of Okeechobee and RMPK Funding
employees" or employees obtained through professional employer organizations
("PEO's"), CONTRACTOR must ensure that such employees are covered by
Workers' Compensation insurance through the PEO's or other leasing entities.
CONTRACTOR must ensure that any equipment rental agreements that include
operators or other personnel who are employees of independent Contractors, sole
proprietorships or partners are covered by insurance required under Florida's
Workers' Compensation law.
v. Liability Insurance. Contractor shall carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed
under the Agreement. Such insurance shall be no more restrictive than that
provided by the latest occurrence form edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the
State of Florida. CONTRACTOR shall cause the State of Florida to be made an
Additional Insured as to such insurance. Such coverage shall be on an
"occurrence" basis and shall include Products/Completed Operations coverage.
The coverage afforded to the State of Florida as an Additional Insured shall be
primary as to any other available insurance and shall not be more restrictive than
the coverage afforded to the Named Insured. The limits of coverage shall not be
less than $1,000,000 for each occurrence and not less than a $5,000,000 annual
general aggregate, inclusive of amounts provided by an umbrella or excess policy.
The limits of coverage described herein shall apply fully to the work or operations
performed under the Contract, and may not be shared with or diminished by claims
unrelated to this Agreement. The policy/ies and coverage described herein may be
subject to a deductible. CONTRACTOR shall pay all deductibles as required by
the policy. No policy/ies or coverage described herein may contain or be subject
to a Retention or a Self -Insured Retention. At all renewal periods which occur
prior to final acceptance of the work, the CITY and the State of Florida shall be
provided with an ACORD Certificate of Liability Insurance reflecting the
coverage described herein. The CITY and the State of Florida shall be notified in
writing within ten days of any cancellation, notice of cancellation, lapse, renewal,
or proposed change to any po 1 icy or coverage described herein. The CITY's or
the State of Florida's approval or failure to disapprove any policy/ies, coverage,
or ACORD Certificates shall not relieve; or excuse any obligation to procure and
maintain the insurance required herein, nor serve as a wz:iver of any rights or
defenses the CITY or the State of Florida may have.
vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to
permit, the CITY's and the State of Florida's authorized representatives to inspect
all work, materials, payrolls, and records, to audit the books, records, and accounts
pertaining to the financing and development of the Services described in the
Contract Documents.
vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055 (5),
Florida Statutes, and shall incorporate in all subcontracts the obligation to comply
with §20.055 (5), Florida Statutes.
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E-Verify Compliance. Contractor affirmatively states, under penalty of perjury, that
in accordance with Section 448.095, Fla. Sta.t., Contractor is registered with and uses
the E-Verify system to verify the work authorization status of all newly hired
employees, that in accordance with such statute, Contractor requires from each of its
subcontractors an affidavit stating that the subcontractor does not employ, contract
with, or subcontract with an unauthorized alien, and that Contractor is otherwise in
compliance with Sections 448.09 and 448.095, Fla. Stat.
k. Federal -Aid Construction Contract. If this is a federal -aid construction project, it
shall be subject to the provisions in Exhibit A, which is .attached hereto and
incorporated herein by reference.
11. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement:
a. Binding Nature of Agreement. This Agreement is binding upon the successors and
assigns of the parties hereto.
b. Entire Agreement. This Agreement states the entire understanding; between the parties
and supersedes any written or oral representations, statements, negotiations, or
agreements to the contrary. CONTRACTOR recognizes that any representations,
statements, or negotiations made by the CITY staff do not suffice to legally bind the
CITY in a contractual relationship unless they have been reduced to writing,
authorized, and signed by the authorized CITY representatives.
C. Amendment. No modification, amendment, or alteration in the terms or conditions of
this Agreement will be effective unless contained in a written document executed with
the same formality as this Agreement.
d. Severability. If any term or provision of this Agreement is held, to any extent, invalid
or unenforceable, as against any person, entity, or circumstance during the Term
hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction,
such invalidity will not affect any other term or provision of this Agreement, to the
extent that the Agreement will remain operable, enforceable, and in full force and
effect to the extent permitted by law.
e. Construction. If any provision of this Agreement becomes subject to judicial
interpretation, the court interpreting or considering such provision should not apply
the presumption or rule of construction that the terms of this Agreement be more
strictly construed against the party which itself or through its counsel or other agent
prepared it. All parties hereto have participated in the preparation of the final form of
this Agreement through review by their respective counsel, if any, or the negotiation
of specific language, or both, and, therefore, the application of such presumption or
rule of construction would be inappropriate and contrary to the intent of the parties.
f. Headings. All headings in this Agreement are for convenience only and are not to be
used in any judicial construction or interpretation of this Agreement or any paragraph.
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g. Waiver. The indulgence of either party with regard to any breach or failure to perform
any provision of this Agreement does not constitute a waiver of the provision or any
portion of this Agreement, either at the time the breach or failure occurs or at any
time throughout the term of this Agreement. The review of, approval of, or payment
for any of CONTRACTOR's work product, services, or materials does not operate as
a waiver, and should not be construed as a waiver, of any of the CITY's rights under
this Agreement, or of any cause of action the CITY may have arising out of the
performance of this Agreement.
h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary,
the parties will not be held liable if failure or delay in the performance of this
Agreement arises from fires, floods, strikes, embargos, acts of the public enemy,
unusually severe weather, outbreak of war, restraint of government, riots, civil
commotion, force majeure, act of God, or for any other cause of the same character
which is unavoidable through the exercise of due care and beyond the control of the
parties. This provision does not apply if the Scope of Services of this Agreement
specifies that performance by CONTRACTOR is specifically required during the
occurrence of any of the events herein mentioned.
Compliance/Consistency with Scrutinized Companies Provisions of Florida Statutes.
Section 287.135(2)(a), Florida Statutes, prohibits a company from bidding on,
submitting a proposal for, or entering into or renewing a contract i-or goods or services
of any amount it at the time of contracting or renewal, the company is on the
Scrutinized Companies that Boycott Israel List, created pursuant to section 215.4725,
Florida Statutes, or is engaged in a boycott of Israel. Section 287.135(2)(b), Florida
Statutes, further prohibits a company from bidding on, submitting a proposal for, or
entering into or renewing a contract for goods or services over one million dollars
($1,000,000) if, at the time of contracting or renewal, the company is on either the
Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies
with Activities in the Iran Petroleum Energy Sector List, both created pursuant to
section 215.473, Florida Statutes, or the company is engaged in business operations
in Cuba or Syria. Contractor hereby certifies that Contractor is not listed on any of
the following: (i) the Scrutinized Companies that Boycott Israel List, (ii) Scrutinized
Companies with Activities in Sudan List, or (iii) the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List. Contractor further hereby
certifies that Contractor is not engaged in a boycott of Israel or engaged in business
operations in Cuba or Syria. Contractor understands that pursuant to section 287.135,
Florida Statutes, the submission of a false certification may subject Contractor to civil
penalties, attorney's fees, and/or costs. Contractor further understands that any
contract with CITY for goods or services of any amount may be terminated at the
option of CITY if Contractor (i) is found to have submitted a false certification, (ii)
has been placed on the Scrutinized Companies that Boycott Israel List, or (iii) is
engaged in a boycott of Israel. And, in addition to the foregoing, if the amount of the
contract is one million dollars ($1,000,000) or more, the contract may be terminated
at the option of CITY if the company is found to have submitted a false certification,
has been placed on the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has been engaged in business operations in Cuba or Syria.
Page 12 of 14
Agreement Between the City of Okeechobee and RMPK Funding
j. Law; Venue. This Agreement is being executed in Okeechobee County, Florida and
is governed in accordance with the laws of the State of Florida. Venue of any action
hereunder will be in Okeechobee County, Florida.
12. Special Provisions. This Agreement is a non-exclusive contract; the CITY is not prohibited,
or deemed to be prohibited, from bidding similar services either as an independent job or a
component of a larger project.
IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement
effective the date first written above.
RMPK Funding, Inc.,
By:
(Print name)
Its:
(Title)
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 13 of 14
Agreement Between the City of Okeechobee and RMPK Funding
Attest:
By: _
Lane Gamiotea, CMC
City Clerk
Approved as to Form and Legal Sufficiency:
L-03
FOR THE CITY:
CITY OF OKEECHOBEE, a Florida
municipal corporation
By: Dowling R. Watford Jr. Mayor
Date Executed:
Nason Yeager Gerson Harris & Fumero, P.A.
City Attorney
Page 14 of 14
L*M
■000
RMPK
FUNDING
IMPLEMENTATION OF THE SCOPE OF SERVICES,
OUR METHODOLOGY
As we have learned from our lengthy experience in assisting local governments, the relationship
established between our staff and that of the community is the most important factor in
determining funding success. It is through the cooperation of community personnel that we are
best able to identify the needs of your community and help address them by obtaining the
necessary funding and project completion.
After we have established a positive working relationship with your staff, we •Nill, with their
assistance, visit project sites and review program objectives. It is at this point we can begin to
select projects and programs that would be suited to receive funding.
Once this initial learning process is out of the way, it's time to roll up our sleeves and really get to
work. Immediately, we will begin to research potential funding sources and pair these sources
with your projects based on need and our evaluation of the potential for the project to receive
funding. Our method of "grant stacking" will allow each of your projects to draw funding from
several sources therefore maximizing your budget dollar.
Once funding is received, our work with your staff will continue. While obtaining a grant is usually
thought of as the most complicated part of this process, the management of grant funds and project
construction can prove to be quite complicated and time consuming. Our job is not complete until
we bring your project to a successful end.
Getting to Know You:
Meet with appropriate community staff, including community leaders and financial planners.
Use or experience to address your needs and target those projects with greatest opportunity
to receive funding.
Accumulate all the necessary documentation to assist us in obtaining grant funds.
Coming Up with a Plan:
Work with the community and develop a Strategic Grants Plan that gives a tentative schedule
of what funding sources we will be pursuing
We work for the community; and that means that your schedule, ideas, a nd needs are what we
will concentrate on.
Doing What We Do Best:
Research, obtain, and manage grant funds foryou.
Use proven project management techniques to bring projectto successful completion.
Page 1 of 10
EXHIBIT A
E®❑
RMPK
FUNDING
STRATEGIC PLANNING
RMPK Funding is the State's leader in the development of strategic funding plans for local
governments. These plans have provided direction and funding opportunities for infrastructure
facilities, parks, trail networks, emergency management and cultural facilities which have resulted
in millions of dollars in alternative funding.
RMPK Funding will work closely with City staff to determine the needs of your community.
After this thorough needs assessment, careful selections of funding opportunities on the federal,
state and local levels will link specific elements to appropriate sources and stretch matching
funds.
The following are examples of RMPK's experience in developing strateg c plans:
New Smyrna Beach Strategic Funding Plan
• City of Panama City CRA Waterfront Plan
• City of Cocoa Beach CRA Strategic Funding Plan
• Buckhead Greenspace Action Plan
• Pasco County Parks and Open Space Master Plan
• City of Kissimmee Lakefront Park Master Plan
• City of Doral Parks Master Plan sd
• City of Ft. Lauderdale Parks & Recreation Master Plan
• City of Lenaxa, KS Parks and Open Space Plan
Scope of Services
1. Assess current grant funding status including:
- prior awards
- active grant projects
- pending funding requests
2. Determine potential funding sources for which the City would be eligible. A listing of
sources will include grant program information such as management agency, amount, past
funding levels and types of projects funded.
3. Analyze priorities and determine project categories for future funding.
4. Link funding opportunities to specific project and/or project categories.
5. Develop funding schedule based upon priorities identified during planning process
6.. The strategic funding plan can range from 2 to 5 years. A typical strategic funding plan
will include the following components:
- Assessment of current funding status
Resources of potential funding opportunities
- Designate funding opportunities to be used with specific projects
Funding schedule to provide direction in pursuing alternative funding sources
Page 2 of 10
EXHIBIT A
M0EIO
RMPK
FUNDING
GRANT PREPAF;ATION
Securing more than $145,000,000 in funding in the past 14 years, RMPK Funding
Staff has extensive experience with a wide range of federal, state and local funding
programs. RMPK Funding founder and president, Ryan Ruskay started his career
managing state and federal grant programs for the State of Florida. which included
not only the evaluation of grant applications, but also developing the rules and
regulations for several programs. This in-depth knowledge give our clients an
advantage as their project complete for grant funds.
Scope of Services
1. Research and obtain necessary documents for the grant application
2. Prepare and establish on-line accounts for grant agencies
3. Prepare and submit grant application for evaluation
4. Handle all follow up requests from State relating to the application
5. Attend or coordinate any meetings necessary for the grant application
6. Prepare materials and make presentation as needed
7. Act as a liaison between the City and the State
8. Provide City staff with updated timelines and information concerning the
funding process
Page 3 of 10
EXHIBIT Pk
E®0
RMPK
FUNDING
Any grant application not funded during the first submission will be submitted again for funding from
the next funding cycle of the same program at no additional cost. The project must remain comparable
in scope to the original submission.
Grants Application Cost List
• Department of.lustiee Grant Programs
5,3500
• Florida Land and water Consen-ation Fund (LWCF)
$4000
• Florida Rcereation Development Assistance Prob am (FRDAP)
$4000
• Energy and Efficiency Grants (DOE)
$3500
• Florida Department of Transportation (FDO'r)
$3000
• Florida Boating Improvement Program (FBIP)
$2500
• Non -Point Pollution! TMDL Grants (FDEP)
$3500
• Assistance to Eirefigiters Grant (FE\MA)
$2500
• 'Transportation Altnerative Grants (TAI')
$.4()0O
• Florida Communities Trust — Florida Forever Program (FCT)
$5000
• Rccroational Trails Program (RTP)
$4000
• Florida Coastal Management Program (DEP)
$2000
• Water District Grant Programs
$3000
• Historical Renovations Grants (DOS)
$4000
• Florida Cultural Facilities Grant (DCA)
$1400
• I Ia:.ard Mitigation Grant Programs
$ ;SQO
• Urban and Community Forestry C rant Program (DOF)
$2000
• Public Library Grant Program
$4.500
• BroNvard Countv Cultural Grants
$2000
• USDA Farmers Markeft oval Product
$2500
*This list does not represent all funding opportunities that might be available to the City.
Page 4 of 10
EXHIBIT A,
■OE]
RMPK
FUNDING
Grant Management Costs
RMPK FUNDING proposes that all grant management services be provided
through an annual fee to be paid on a quarterly basis. Grant Management
Services will include all elements of the proposed Grant Management Scope
of Services described in Tab 2. A copy of the comprehensive scope of services
is also included as part of Tab 3. The proposed cost shown below is for grant
management services for all grants that have been obtained by RMPK FUNDING
for the City unless otherwise agreed to beforehand. These costs can be
adjusted to include additional grants the City has obtained outside of our
services upon request.
RMPK FUNDING proposes an annual fee for Grant Management Services of:
$16,000 (to be paid $4000 per quarter)
Page 5 of 10
EXHIBIT A
E®❑
RMPK
FUNDING
GRANT ADMINISTRATIW4
The proposed annual cost for Grant Management Services provided consists of the following
actions related to grant management.
Scope of Services
1. Review of Contracts (develop revisions, if
necessary)
2. Prepare Federal Documents (if necessary)
3. Prepare and Submit Commencement Documents
4. Prepare and Submit Quarterly Status Reports
5. Prepare and Submit Reimbursement Requests
6. Prepare and Submit Close -Out Documentation
7. Act as Liaison Between Grant Agencies and the City
S. Handle All Other Required Items (ie., Amendments)
9. Assist City Finance Department in any grant related
record keeping and/or audit needs.
10. Provide monthly Grant Management Status report
11. Meet with City at least once quarterly to provide
update and as needed for specific grant management
issues.
Page 6 of 10
EXHIBIT P,
SWORN STATEMENT UNDER SECTION 287.133(3)(A), FLORIDA STATUR-ES, ON THE PUBLIC
ENTITY CRIMES (To be signed in the presence Of a notary public or other officer authorized to
administer oaths.)
STATE OF Florida COUNTY Palm Beach
Before me, the undersigned authority, personally appeared, who, being by me first duly sworn, made the
following statement:
Name of Proposer RMPK FUNDING
Business address 601 Heritage Dr. #402 Jupiter, FL 33458
I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a
violation of any state or federal law by a person with respect to and directly related to the transaction of
business with any public entity in Florida or with an agency or political subdivision of any other state or
with the agency or political subdivision of any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be provided to any public entity or any such agency
or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy,
or material misrepresentation.
I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a
conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial
court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a
jury verdict, nonjury trial, or entry of a plea of guilty or noto contendere.
1 understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or
a corporation convicted of a public entity crime, or (2) and entity under the control of any natural person
who is active in the management of the entity and who has been convicted of a public entity crime, or (3)
those officers, directors, executives, partners, shareholders, employees, members and agents who are
active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint
venture with a person who has been convicted of a public entity crime in Florida during the preceding 36
months.
Please check the appropriate paragraph below:
Neither the Proposer, Contractor, nor any officer, director, executive, partner, shareholder,
employee member or agent who is active in the management of the Proposer or Contractor nor
any affiliate of the Proposer or cCntractor has been convicted of a public entity crime subsequent
to July 1, 1989.
❑ There has been a conviction of a public entity crime by the Proposer or contractor, or an officer,
director, executive, partner, shareholder, employee, member or agent of the Proposer or
contractor who is active in the management of the Proposer or Contractor car an affiliate of the
Proposer or Contractor. A determination has been made pursuant to Section 287.133(3) by order
Page 7 of 10
of the Division of Administrative Hearings that it is not in the public interest for the name of the
convicted person or affiliate to appear on the convicted vendor list. The none of the convicted
person or affiliate is . A copy of the order of the Division of
Administrative Hearings is attached to this statement
Sworn to and subscribed before me on this day of 20
P, (affix seed)
r
otary Public Sign e
Re®ha Bm"m
.?NOTARY PUBLIC
STATE OF FLORIDA
Canon! FF172225
.Expires 10/2812018
Page 8 of 10
EXHIBIT A
CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135
1, Ryan A. Ruskay on behalf of RMPK FUNDING, inc
Print Name and Title Company Name
certify that RMPK FUNDING, Inc. does not:
Company Name
1. Participate in a boycott of Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. Is not on the Scrutinized Companies with Activities in Sudan List; and
4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List;
and
5. Has not engaged in business operations in Syria.
Submitting a false certification shall be deemed a material breach of contract. The City shall provide
notice, in writing, to the Contractor of the City's determination concerning the false certification. The
Contractor shall have ninety (90) days following receipt of the notice to respond in writing and
demonstrate that the determination of false certification was made in error. if the Contractor 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 Florida Statute § 287.135.
Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods
or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or
renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created
pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and
2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the
Scrutinized Companies with activities in the Iran Petroleum 16nergy Sector List, created pursuant to s.
215.473, or are engaged in business operations in Syria.
As the person authorized to sign on behalf of the Contractor, I hereby certify that the company
identified above in the section entitled "Contractor Name" does not participate in any boycott of
Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the
Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in
business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the
submission of a false certification may subject the company to civil penalties, attorney's fees, and/or
costs. i further understand that any contract with the City for goods or services may be terminated at
the option of the City if the company is found to have submitted a false certification or has been
placed on the Scrutinised Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List
RMPK FUNDING, inc.
COMPANY NAME G AT
Ryan A. Ruskay
PRINT NAME
Page 9 of 10
EXHIBIT A
E-VERIFY FORM
Definitions:
"Contractor" means a person or entity that has entered or is attempting to enter into a contract with a
public employer to provide labor, supplies, or services to such employer in exchange for salary, wages,
or other remuneration.
"Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor
or another subcontractor in exchange for salary, wages, or other remuneration.
Effective January 1, 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
tile U.S. Department of Homeland Security's E-Verity 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 of Oakland Park; and
Should vendor become successful Contractor awarded for the above -named project, by entering into
this 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 this contract is terminated for a violation of the statuU: by the
Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date
of termination.
Company Name; RMPK FUNDING, Inc.
Authorized Signature:
Print Name: Ryan A. Ruskay
Title: President
2/3/2021
Page 10 of 10