RMPK_AgreementAgreement Between the City of Okeechobee and RMPK Funding
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter "Agreement") is made
and entered into this 7t'' day of June 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, CONTR.ACTOR 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 suffcient 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; and
WHEREAS, Section 448.095, Florida Statutes, 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 Management 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 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.
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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 (1) year, beginning on
the date of the execution of this Agreement and ending one (1) 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, which 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.
c. 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 deiiciencies 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.
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 thirty (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 other party not less than ten (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.
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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 or 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 3`d 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
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 and 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:
i. Commercial General Liability coverage with limits of liability of not less than a one million
dollars ($1,000,000.00) 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 two
million dollars ($2,000,000.00) each.
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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 one million dollars ($1,000,000.00) each
accident. No employee, subcontractor or agent of the Consultant shall be allowed to provide
Services pursuant to this Agreement who is not covered by Worker's Compensation
insurance.
iu. Business Automobile Liability with minimum limits of one million dollars ($1,000,000.00)
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 Non-Owned Vehicles.
iv. Professional Liability Insurance in an amount of not less than one million dollars
($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 thirty (30) 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 renewals that may be
granted by the CITY. The Certificates of Insurance shall not only name the types of 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.
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e. 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 manner 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 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 wark 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.
n CONTRACTOR shall provide a harassment-free workplace, with any allegation of
harassment given priority attention and action by management.
e. Independent contractor.
i. 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,
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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 secure 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 t�es or
contributions of any nature on behalf of CONTRACTOR.
ri. 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.
iri. 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 or 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 States patent, trademark, or
copyright. CONTRACTOR acknowledges that CONTRACTOR has received consideration
for this indemnifcation, 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.
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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 copy 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.
iu. The indemnification provisions of this paragraph will survive the termination of this
Agreement.
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.
i. 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.
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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.
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: Igamiotea@cityofokeechobee.com; MAILING ADDRESS:
City of Okeechobee, 55 SE 3rd Avenue, Room 100, Okeechobee, FL 34974.
i. 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 contrary notwithstanding. CONTRACTOR shall make inquiry from the
CITY's Project Manager to determine whether Federal or State funding is applicable to this
Agreement.
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 Government, 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
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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 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 O 1)
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 one million dollars ($1,000,000.00) for each
occurrence and not less than a five million dollars ($5,000,000.00) 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 notifed 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 waiver 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.
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vii. Auditor General Cooperation. CONTRACTOR shall comply with Section 20.055 (5), Florida
Statutes, and shall incorporate in all subcontracts the obligation to comply with Section 20.055
(5), Florida Statutes.
j. E-Verify Compliance. CONTRACTOR affirmatively states, under penalty of perjury, that in
accordance with Section 448.095, Florida Statutes, 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, Florida Statutes.
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.
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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.
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 for 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 ($1,000,000.00) 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 ($1,000,000.00) 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
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Companies with Activities in the Iran Petroleum Energy Sector List, or has been engaged in
business operations in Cuba or Syria.
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.
ing, c.,
By: �� IL�- �
(Prin name)
Its: I �'PSI�cnT
(Title)
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 12 of 13
Agreement Between the City of Okeechobee and RMPK Funding
d
Attest: �
�
By: . c,z%�/L
ane amiotea, C
City Clerk
FOR THE CITY:
CITY OF OKEECHOBEE, a Florida municipal
corporation
/�.� �
B: I} wling R. Watford Jr ayor
Date Executed: June 7, 2022
Approved as to Form and Legal Sufficiency:
By: _
Nason Yeager Gerson Harris & Fumero, P.A.
John J. Fumero, City Attorney
Page 13 of 13
- � ■ � �
■��O
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 will, 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:
• Meetwith 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
ofwhat funding sources we will be pursuing
• We work for the community; and that means that your schedule, ideas, and needs are what we
will concentrate on.
Doing What We Do Best;
• Research, obtain, and manage grant funds for you.
� Useprovenprojectmanagementtechniquestobringprojecttosuccessfulcompletion.
Page 1 of 10
_ � ■ � �
■ � � �
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 communiry.
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 strategic 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 Counry 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
- act�ve 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
�0�0
RMPK
FUNDING
GRANT PREPARATION
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
i�:�:r«rr_�
���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.
._._ _ .._.. ,. . ,_, . , ,.... �_. . .__,_.�-�.,,.� -, _. , ... .,.._..,-,.�r._.....,.-___._
�� Grants Application Cost List
• I)epartment of.lu,stice Cirant Yrograms
• N'lorida Land and W ater Consenation N'und (LWCN')
• Florida Rccrcation Dcvclopmcnt Assistancc Prob a�n (FRDAP}
• Encrg_y� and E!r'icicncy Gr�nls (DOE)
• Florida Depart�neut of Transportation (FDOT)
• Florida Boating I�n�n�oveine�it Program (FBIP)
• Non-Pourt Pollution� TI�1DL Gr�u�ts (FDEP)
• 4ssistance t.a Piretigl�rz« craz�t �reyta�
• 'I'ran�portation �ltnerati�e Cirante ('1'AI')
• Florida Gommunities Trust — Florida Forecer Progra�n (FCT)
• Rccrcalional Trails Pro�ram (RTP}
• Florid� Couslal \�Ianagemenl Program (DEP)
• W�t�r• Dish•ict Cn•�nt Progrlms
• Historical Reno�%ations Crruits (D05)
• Plorida Culhu�al Pacilities Grant. (DCA)
• f [azard i�litigation Cirant F'rograms
• Urban and Conununity 1�'orestry Cirant Program (llUr')
• I'uhlic l :ibrary Cirant 1'rogram
• Bro��s•ard County Cultural (irants
• USDA Fatm:•.rs 11�farkcL`Lcxal Producl
$35U0
�4UU0
$4(�UU
$3500
$3Q00
$Z500
$3500
$2500
!�4(lU0
$6GUC1
$40U(1
$2000
$3000
$4000
$saoo
`635U0
�20U0
X�1500
$2U00
$�saa
*This lisl doc5 not rcprescnt all funding oppurlunilics Lhal mighl bc uvailablc lo lh� Cily.
Page 4 of 10
EXHIBIT A
���0
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
���0
RMPK
FUNDING
GRANT ADMINISTRATION
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
8. 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 A
S�'ORN STATEM�NT [1NDi:R SECTIO�I 287.133�3I(.A). FLOR[DA ST�Tt1TES. ON THE P( iBLiC
�N'f�l"T'l' CRIMES (To be signed in the presence Of a notar}� public or uther uffi�er authorized to
ad►t�inister ��aths.)
STA"iG Of f�l�irida CpUN'fY P��im Beach
Bcfore me. the undersigned authority, personall� appeared, who, being h� me tirst duly s��orn, made the
ti�llrnvin� statement:
Name of Proposer RMPI� F[JNDING
Businzss address ��� Heritage Ur. #402 Jupiter. FI.. 33-1�5
I und�rstand that a public entit�� crime as defined in Section ?87.133 of the Florida Statutes includes a
violatiun uf an}• state or fe�f�ral la�r h� a person �ti ith respect tu and directh rclat�d t�� thc transactiun u1�
business �� ith any public entit�� in F lurida or �vith an a�_enc� or political subdivision of anv other state or
�� ith the agency or political subdivision of any othcr state or �vith the United Sta�es, inrludin�, but nor
limited to, any bid or contract f'or eoods or services to be prorided to any puhlir entit} or any such a�enc�
ur political subdivision and involving antitrust, fraud, theft, Uriben�, collusion, racketrering, conspiracy.
or material misrepresentation.
1�u�derstand that "ccmvicted" or "conviction" is �etined by th� statttte to mean a tinelin� of guilt or a
conviction of a public entin� crime, �vith or without an adjudication of �,uilt. in an} federal or state trial
court of rec�rd relating to charges brought liy indicu»ent or infiirmatic�n atter Juh� I, I�S9, as a result ol�a
jur�� verdict, nonjury trial, or entn� of a plea ot'guilt�� or nolo contenderc.
1 understand that "affiliate" is defincd by thz statute to mean (1 };� predecessor c�r sucrestior of a rersc�n �r
a corp�xation convicted of a public cntit�' crime, or (?1 and en[ity wider dle control of ain� natural person
�cho is active in the management of the entit}� an� �vho has been convieted of a puhlic entity crime, or {3�
thosc ofticers, directors, e�ecutives, partners, shareholders. �mployees, memli�rs and aLents «�hu are
c3ctive in the management of an affiliate, or (4) a pers��n or curporation ��ho knowin�ly ent�red into a j�int
venture ���ith a persun who has been convicted ot a publir entit�� crime in Florida during the preccding 36
months.
Plcase chcck [he apprnpriate paragraph helo►�•:
%t Neither the Proposer, Cc�ntr.�ctor, nor any of�icer, director, executive. partner. shareholder,
etnployee memb�.r or agent �vho is acti��e in che mana;.,�etnent ot� the Propaser or Conh•actor nor
am• affiliate of thr ('roposer or cCntractor has heen convictcd ot' a public entitv crimr subsequent
to .lulv 1. 1989.
! "1'here has been a cc�nvictian af a publir cn[ity crime b}' the Prupc�ser i�r rontractor, or an officer.
director, ex�cutive, partner, shareholder, employee. member or a�ent of the Pruposer or
contractor ��•ho is active in d�e mana�em�nt c�f the Pruposer or Cuntractix or an af'tiliate nf the
Proposer or Contractor. A determination has heen made pursuant to 5ection 287.133(3) by order
Page 7 of 10
EXHIBIT A
of the Division of Administrative Flearin��s that it is not in the publir interest for the name of the
convieted prrson or affiliate to appear on the convicted vendor list. The name ot�the ec�m�icted
person or attiliate is . A copy of the order of thc Ui�•ision of
Administrative I learin��s is attached to this statement
.� �(; �;r�i�ir�..�.�� i�_kJl' �IjIJ F. �JP �
: �' �,,
S�4urn to and subscribed before me on this �day of �J �( ";,�'+ , 20 ! 7
�(.iffix seal)
J ^
t �, � C
� �tary Public Signa re
p Rc.�ina Bzncagas
��.� NC7TARlf PUBLlC
� ;�y -� STATE 4F Ftf3R1�JA
'' � Camtntt F�17222.5
` �� E�.pi�'� 10i28l�"u'#8
Page 8 of 10
EXHIBIT A
CERTIFICATION PURSUANT TO FLORiD�1 STA�'UTE § 287.135
�, Ryan A. Ruska}' , on behalf of' RMPK FUNDING, lnc.
Print Name and Title Company Name
certify that RMPK FUNDING, Inc. does not:
Company Name
1. Participate in a boycott oi'Israel; and
2. Is not on the Scrutinized Companies that Boycott Israel List; and
3. ]s not on the Scrutinized Companies with Activities in Sudan List; and
4. fs not on the Scrutinized Companies �+�ith Activities in the Iran Petroleum Energy Sector List;
and
5. Has not en�aged in business operations in Syria.
Submitting a false eertification shall be deemed a material breach oi' 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 ofthe 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 pursu�nt to Florida Statute § 287.135.
Section 287.135, Ftorida Statutes, prohibits the City from: I) Conti�acting �vith 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 Eioycott Israel 1.ist, 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 $ I,000,000.00 that are on either the
Scrutinized Companies �vith activities in the Iran Petroleurn L'nergy Sector List, created pursuant to s.
215.473, or are engaged in business operations in Syria.
As the person authorized to si�n on behalf of the Contractor, I hereby certify that the company
identified above in the sectian 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 lran Petroleum E;nergy Sector List, and is nat enbaged in
business operations in Syria. 1 understand that pursu�nt to section 287.135, Florida Statutes, the
submission of a false certification inay subject the company to civil penalties, attorney's fees, and/or
costs. I fi�rther understand that any contract with the City for goo�s or services may be tenninated at
the option of the City if the company is found to have submitted a talse certification ar has been
placed on the Scrutinir_ed Companies with Activities in Sudan list or the Scrutinized Companies with
Activities in the lran Petroleum Energy Sector List�
�
/
RMPK Fi1NDING, Inc. ' -
COMPANY NAME G AT R.
ki'
Ryan A. Ruskay
PRINT NAME
Page9of10
J ■ � �
E-VERIFY FORM
Detinitions:
"Contractor" means a person or entity that has entered ur is attempting to enter into a contract �vith <t
public employer to provide labor, supplies, or services to such employer in exchange for salaiy, 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 eYchange for salary, wages, or other remuneration.
Effective January l, 2021, public and private employers, contractors and st�bcontractors �+�ill begin
required registration witl�, and use of the F.-verify system in order to verify the work authorization
status of all newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize
the U.S. Department uf Homeland Security's E-Verify System to verify the employment eligibility oE
a) All persons employed by Vendor/Consultant/Contractor to perform employment duties within
Florida during the tern� of the contract; and
b) All persons (including sub-vendors/subconsultants/subcontractors) assigned by
Vendor/ConsultanUContractor to perform work pursuant to the contract with the Department.
The Vendor/Cansultant/Contractor acknowled�es and agrees that use of the U.S. Uepartment
of Homeland Security's E-Verify System during the term of tl�e contract is a condition of the
contract �vith 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 ���ith the provisions of Section 448.095,
Fla. Stat., "Employment Eligibility," as amended from time to time. T'his includes but is not limited
to utilization of the C:-Verify System to verify the work authoriration status of all newly hired
employees, and requiring all subcontractors to provide an atiidavit attesting that the subcontractor
does not employ, contract �vith, or subcontract with, an unauthorized alien. The contractor shall
maintain a copy of such at�idavit 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. !f this contract is terminated for a violation of the statute by the
Contractor, the Contractor may not be awarded a public contract for a period of 1 year at�er the date
of tertnination.
Company Name: RMPK FUNDiNG, Inc.
� � ,�
Authorized Signature: � ��
/ �_ �
Print Name: Ryan A. Ruskay
Title: P�'esident
Date: 2�3/2021
Page 10 of 10
oF ���,
�,rS' °.n
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fTOD WE
JIMMY PATRONIS
CHIEF FINANCIAL OFFICER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF WORKERS' COMPENSATION
** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW **
NON-CONSTRUCTION INDUSTRY EXEMPTION
This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law.
EFFECTIVE DATE: 9/13/2020
PERSON: RYAN A RUSKAY
FEIN: 020609342
BUSINESS NAME AND ADDRESS:
RMPK FUNDING INC
601 HERITAGE DR. #402
JUPITER, FL 33458
SCOPE OF BUSINESS OR TRADE:
Clerical Office Employees-
NOC
EXPIRATION DATE: 9/13/2022
EMAIL: RRUSKAY@RMPKFUNDING.COM
IMPORTANT: Pursuant to subsection 440.05(14), F.S., an officer of a corporation who elects exemption from this chapter by filing a certificate of election under
this section may not recover benefits or compensation under this chapter. Pursuant to subsection 440.05(12), F.S., Certificates of election to be exempt issued
under subsection (3) shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or
trade listed on the notice of election to be exempt. Pursuant to subsection 440.05(13), F.S., notices of election to be exempt and certificates of election to be
exempt shall be subject to revocation if, at any time after the filing of the notice or the issuance of the certificate, the person named on the notice or certificate
no longer meets the requirements of this section for issuance of a certificate. The department shall revoke a certificate at any time for failure of the person
named on the certificate to meet the requirements of this section.
DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01213157 QUESTIONS? (850) 413-1609
Fo�, W-9
(Rev. October 2018)
DepaRment of the Treasury
Internal Revenue Service
� Request for Taxpayer
Identification Number and Certification
► Go to www.irs.gov/FormW9 for instructions and the latest iniormation.
shown on your income tax
NDING, INC.
ennry name, it tlitterent
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ao
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in
3 Check appropriate box for fedaral tax classification of the person whose name is entered on line 1. Check only one of the
foltowing seven boxes.
❑ IndividuaVsole proprietor or ❑ C Corporetion �✓ S Corporation ❑ Partnership ❑ TrusVestate
single-member LLC
❑ Limited lia6ility company. Enter the tax ciassification (C=C corporation, S=S corporation, P=Pertnership) ►
Note: Check the appropriate box in the line above for the tax classif(cation of the single-member owner. Do not check
LLC if the LLC is classified as a single-memher LLC that is disregarded trom the owner unless the owner of the LLC is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single-member LLC tha
is disregarded from the owner shoufd check the appropriate box for tfie tax classification of its owner.
Other (see instructions) ►
�ress (number, street, and apt. or suite no.)
ieritaqe Dr. #402
/, state, and ZIP code
er, FL 33458
account number(s1 here (ootiona0
name
Give Form to the
requester. qo not
send to the IRS.
4 Exemptions (codes apply aniy to
certain entities, not individuals; see
instructions on page 3):
Exempt payee code Qf anyJ
Exemption from FATCA reporting
code (if any)
WtR`%� �o xccunts rraiNa(neu ou(,rdo tno U.SJ
�, raxpayer ldentification Number (7'IN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on iine 1 to avoid
backup withholding. For individuals, this is generally your social security number (SSf�. However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions tor Part I, later. For other
entities, it is your employer identification number (EIN). If you do not have a number, see Now to gef a
TlN, later.
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and
Number To Grve the Requestar for guidefines on whose number to enter.
or
V�QDDD�D�F
Under penalties of pery'ury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c} the IRS has notified me that I am
no longer subject to backup withholding; and
3. I am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is coRect.
Certification Instructions. You must cross out item 2 above if you have been not�ed by the IRS that you are currently subject to backup withholding because
you have failed to report all interest and dividends on your tax return. For reai estate transactions, (tem 2 does not apply. For mortgage interest paid,
acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement QRA), and generally, payments
other than interest and divid s, y are�nra�equlred to sign the certi�cation, but you must provide your correct TIN. See the instructions for Part II, later.
`��`.1� � I Signature Of
Here U.S.person►
General I
Section references are to the Internal Revenue Code unless otherw(se
noted.
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, go to www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
information retum with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN}, individual taxpayar identification number (iTIN), adoption
taxpayer identification number {ATIN), or empfoyer identification number
(EIN), to report on an information retum the amount paid to you, or other
amount repo�table on an information retum. Examples af information
retums include, but are not limited to, the following.
• Form 1099-INT (interest eamed or paid)
Date ►
on this line; do not leave this line blank.
• Form 1099-DIV (d(vidends, ihcluding tfiose from stocks or mutuai
funds)
• Form 1099-MISC {various types of income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Fortn 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
• Form 1099-C (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do nol return Form W-9 to the requester wiih a T/N, you might
be subiect to backup withholding. See What is backup withholding,
later.
Cat. No. 10237X Form W-g (Rev. 10-2D18)
i 1 L�•� � � �
Lane Gamiotea
Full Name: Ryan Ruskay
Last Name: Ruskay � ' -
First Name: Ryan
Job Title: President
Company: RMPK Funding
Business Address:
Business:
Mobile:
Email:
Email Display As:
Web Page:
Ryan Ruskay
601 Heritage Dr. #402
Jupiter, FL 33458
(561) 745-2401
(561) 262-7916
rruskay@rmpkfunding.com
Ryan Ruskay
www.rmpkfunding.com
i
Patty Burnette �
From: Ryan Ruskay <rruskay@rmpkfunding.com>
Sent: Friday, July 15, 2022 11:11 AM
To: Gary Ritter
Cc: Patty Burnette; Keli Trimnal; Robin Brock
Subject: Re: FW: Contract for services
I agree, It really does not matter to us either way, just has not ever come up so have not thought about.
On Fri, Jul 15, 2022 at 11:07 AM Gary Ritter <�ritter@citvofokeechobee.com> wrote:
Understood. It's always an interesting topic of conversation here when dealing with nonresidential businesses. Many
municipalities require BTRs and apparently some don't, and some may not pursue them with contractors.
Here's the state statue and our municipal code which mirror one another: Learn something new every day Q
205.065 Exemption; nonresident persons regulated by the Department of Business and Professional
Regulation.—If any person engaging in or managing a business, profession, or occupation regulated by the Department
' of Business and Professional Regulation has paid a business tax for the current year to the county or municipality in
the state where the person's permanent business location or branch office is maintained, no other local governing
authority may levy a business tax, or any registration or regulatory fee equivalent to the business tax, on the person
for performing work or services on a temporary or transitory basis in another municipality or county. Work or services
, performed in a place other than the county or municipality where the permanent business location or branch office is
maintained may not be construed as creating a separate business location or branch office of that person for the
purposes of this chapter. Any properly licensed contractor asserting an exemption under this section who is unlawfully
required by the local governing authority to pay a business tax, or any registration or regulatory fee equivalent to a
business tax, has standing to challenge the propriety of the local government's actions, and the prevailing party in
such a challen�e is entitled to recover a reasonable attorney's fee.
History.—s. 32, ch. 92-203; s. 11, ch. 94-218; s. 1484, ch. 95-147; s. 6, ch. 99-254; s. 18, ch. 2006-152.
• Sec. 50-46. - Exemption; nonresident persons regulated by the state department
of business and professional regulation.
SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL
SECTIONCOMPARE VERSIONS
If any person engaging in or managing a business, profession, or occupation regulated by the state
department of business and professional regulation has paid a local business tax for the current
year to the county or municipality in the state where the person's permanent business location or
branch office is maintained, no other local governing authority may levy a local business tax, or any
registration or regulatory fee equivalent to the local business tax, on the person for performing
work or services on a temporary or transitory basis in another municipality or county. In no event
shall any work or services performed in a place other than the county or municipality where the
permanent business location or branch office is maintained be construed as creating a
separate business location or branch office of that person for the purposes of this article. Any
properly licensed contractor asserting an exemption under this section who is unlawfully required
by the local governing authority to pay a local business tax, or any registration or regulatory fee
equivalent to the local business tax, shall have standing to challenge the propriety of the local
government's actions, and the prevailing party in such a challenge is entitled to recover a
reasonable attorney's fee.
(Ord. No. 977, 3-6-2007)
State Law reference— Similar provisions, F.S. § 205.065.
' Gary Ritter
City Administrator
,� F. �L�+� (1�
�� �����1f�
' FE.ORtCSA • f .ro�;�. 1 t415
55 SE 3�d Avenue
' Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9811
Direct: (863) 763-9811
Cell: (863) 610-1562
Email: qritterCcityofokeechobee.com
Website: www.cityofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute
668.6076.
2
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written
communications to or from local officials regarding city business are public records available to the public and media upon request.
Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.
' From: Ryan Ruskay <rruskav@rmpkfundin�.com>
Sent: Friday, July 15, 2022 10:55 AM
To: Gary Ritter <gritter@citvofokeechobee.com>
Cc: Patty Burnette <pburnette@citvofokeechobee.com>; Keli Trimnal <ktrimnal@citvofokeechobee.com>; Robin Brock
<rbrock@citvofokeechobee.com>
Subject: Re: FW: Contract for services
No, we have over 40 government clients across a couple states and have not had for the 21 years we have been
incorporated. Has not come up until now.
On Fri, Jul 15, 2022 at 10:52 AM Gary Ritter <�ritter@citvofokeechobee.com> wrote:
Business Tax Receipt
Gary Ritter
City Administrator
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- ��.a����.� F ���t���.� ��a�
55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9811
Direct: (863) 763-9811
Cell: (863) 610-1562
Email: gritter@citvofokeechobee.com
Website: www.citvofokeechobee.com
3
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute
, 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written
communications to or from local officials regarding city business are public records available to the public and media upon request.
Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.
From: Ryan Ruskay <rruskav@rmpkfundin�.com>
Sent: Friday, July 15, 2022 10:52 AM
To: Gary Ritter <gritter@citvofokeechobee.com>
Cc: Patty Burnette <pburnette@citvofokeechobee.com>; Keli Trimnal <ktrimnal@cityofokeechobee.com>; Robin
Brock <rbrock@citvofokeechobee.com>
, Subject: Re: FW: Contract for services
What is a BTR?
On Fri, Jul 15, 2022 at 10:49 AM Gary Ritter <�ritter@citvofokeechobee.com> wrote:
H i Rya n,
Sorry for all the leg work on this but we're just following our process and procedures of which some local
governments have more than others. I'm curious if either of those governmental entities require BTRs because I
know some may not.
Gary
Gary Ritter
City Administrator
4
� ���� ��
�.�...� �� i1���
�..�� F�o�iQa.� , ,�, , i�is
55 SE 3'd Avenue
; Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9811
i,
,
Direct: (863) 763-9811
Cell: (863) 610-1562
Email: qritter@cityofokeechobee.com
Website: www.citvofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute
668.6076.
';
�
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written
communications to or from local officials regarding city business are public records available to the public and media upon request.
Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.
From: Patty Burnette <pburnetteC�citvofokeechobee.com>
Sent: Friday, July 15, 2022 10:45 AM
To: Ryan Ruskay <rruskav@rmpkfundin�.com>
Cc: Keli Trimnal <ktrimnal(c�citvofokeechobee.com>; Gary Ritter <gritter@citvofokeechobee.com>; Robin Brock
<rbrock@cityofokeechobee.com>
Subject: RE: FW: Contract for services
Hi Ryan.
Thank you for getting back to me so quickly. If you would kindly send me a copy of the State License
then we should be good. Just wanting to confirm as well that RMPK Funding does not have a Business
Tax Receipt or what was previously known as an Occupational License with either the Town of Jupiter
or County of West Palm Beach?
Regards,
�
Patty Burnette
From: Gary Ritter
Sent: Friday, July 15, 2022 10:31 AM
To: Patty Burnette
Cc: Robin Brock; Keli Trimnal
Subject: RE: FW: Contract for services
Yes, this is a conundrum of sorts. The insurance part is not an issue and our Municipal Code mirrors state statute which
says the following: However, from what I understand, some counties don't require BTRs and his may be one of
them. At the minimum we should have a copy of is state license which we can pick up online I'm assuming. I went
online to determine what the Department of Business and Professional Regulation actually does, and it is my
understanding that they issue state licenses to businesses and professionals. I-lere's the definition I found: With that
said at the very least we should have a copy of his state license.
The Department of Business and Professional Regulation is the agency charged with licensing and
regulating State of Florida businesses and professionals, such as cosmetologists, veterinarians, real
estate agents and pari-mutuel wagering facilities.
205.065 Exemption; nonresident persons regulated by the Department of Business and Professional Regulation.—
If any person engaging in or managing a business, profession, or occupation regulated by the Department of Business
and Professional Regulation has paid a business tax for the current year to the county or municipality in the state
where the person's permanent business location or branch office is maintained, no other local governing authority may
levy a business tax, or any registration or regulatory fee equivalent to the business tax, on the person for performing
work or services on a temporary or transitory basis in another municipality or county. Work or services performed in a
place other than the county or municipality where the permanent business location or branch office is maintained may
not be construed as creating a separate business location or branch office of that person for the purposes of this
chapter. Any properly licensed contractor asserting an exemption under this section who is unlawfully required by the
local governing authority to pay a business tax, or any registration or regulatory fee equivalent to a business tax, has
standing to challenge the propriety of the local government's actions, and the prevailing party in such a challenge is
entitled to recover a reasonable attorney's fee.
History.—s. 32, ch. 92-203; s. 11, ch. 94-218; s. 1484, ch. 95-147; s. 6, ch. 99-254; s. 18, ch. 2006-152.
Gary Ritter
City Administrator
���� ��
��' : ��h���
"` �"`�'� .� FL�O�R[!Dd• r i. �I,�.i 14'!S
55 SE 3�d Avenue
Okeechobee, FL 34974
Phone: (863) 763-3372, ext. 9811
Direct: (863) 763-9811
Cell: (863) 610-1562
Email: aritter@cityofokeechobee.com
Website: www.citvofokeechobee.com
NOTICE: Under Florida law, email addresses are public records. If you do not want your email address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law. Most written
communications to or from local officials regarding ciry business are public records available to the public and media upon request.
Your correspondence via e-mail, text message, voice mail, etc., may therefore be subject to public disclosure.
From: Patty Burnette <pburnette@cityofokeechobee.com>
Sent: Friday, July 15, 2022 9:36 AM
To: Gary Ritter <gritter@cityofokeechobee.com>
Cc: Robin Brock <rbrock@cityofokeechobee.com>; Keli Trimnal <ktrimnal@cityofokeechobee.com>
Subject: FW: FW: Contract for services
Importance: High
Gary,
Please see email from Ryan below. How do you wish to handle given the agreement specifically mentions
needing this insurance and usually companies have a BTR? Do we need an addendum to the agreement?
Thanks
Patt� M. Burnette
C'j. enera�Services Coorc�inator
Cit� of O�eec�o6ee
SS S� 3Y`� Avenue
O�eec�o6ee, �'� 34974
P�one: (863� 763-3372 ext. g82o
Direct: (863� �63-g82o
�'ax: (8 63� 763-168 6
e-mai� �6ii���riette@citti�ofo�eec�o6Ee.com
�
we6site: vvww.cl:ti�ofo(eecF�o6ee.co�n
.` ti.415 •tih'fF �.
�� _'
:'.f- �
��,r.� �`� - '
'- �:Y:: -
Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
therefore be subject to public disclosure.
From: Ryan Ruskay <rruskav@rmpkfundin�.com>
Sent: Friday, July 15, 2022 9:33 AM
To: Patty Burnette <pburnette@citvofokeechobee.com>
Cc: Keli Trimnal <ktrimnalCu@citvofokeechobee.com>; Gary Ritter <�ritter@citvofokeechobee.com>; Robin Brock
<rbrock@citvofokeechobee.com>
Subject: Re: FW: Contract for services
Patty, we do not carry commercial auto insurance, as it is not needed for our business. It is not required for any of the
other dozens of active contracts we have with municipalities. We would be happy to provide my personal auto insurance
as that has sufficed in the rare case over the years when a City wants something for the files. Same for the license we are
only registered with the State of Florida.
On Fri, Jul 15, 2022 at 9:22 AM Patty Burnette <pburnette@citvofokeechobee.com> wrote:
Good Morning Ryan.
I received the executed agreement in the mail yesterday, thank you. Just a couple of items still needed:
• Business Automobile Liability Insurance certificate with the City named as Additional Insured and
with the limit requirements listed on pages 3 and 4 of the contract. Nothing was listed on the
certificate we received. A copy of the needed information is attached above for your reference.
• Copy of City or County Business Tax Receipt where business is located.
Should you have any questions, please just let me know.
Regards,
' Patt� 2V1. Burnette
C�enera�Services Coorc�inator
Cit� of O�eec�o6ee
55 S� 3Y`� A.venue
O�eec�o6ee, �F'L 34974
P�one: (863� 763-3372 ext. g82o
' Direct: (863� 763-g82o
�Fax: (863� 763-1686
3
e-mai� �p6urnette@cit�ofo�eec(�o6ee.com
�
-►ve6site: �vw.cit�ofo�eec�o6ee.com
�:oa«;t j;: .
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; Under Florida law, email addresses are public records. If you do not want your email address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by
phone or in writing, Florida Statute 668.6076.
CITY OF OKEECHOBEE ELECTRONIC DEVICE DISCLAIMER: Florida has a very broad public records law.
Most written communications to or from local officials regarding city business are public records available to
' the public and media upon request. Your correspondence via e-mail, text message, voice mail, etc., may
' therefore be subject to public disclosure.
! From: Patty Burnette
' Sent: Thursday, June 30, 2022 11:49 AM
To:'rruskav@rmpkfundin�.com' <rruskav@rmpkfundin�.com>
Cc: Gary Ritter (�ritter citvofokeechobee.com) <�ritter@citvofokeechobee.com>; Robin Brock
<rbrock@citvofokeechobee.com>; Keli Trimnal <ktrimnal@cityofokeechobee.com>
Subject: Contract for services
Good Morning Ryan.
I will be sending out today to you, two original copies of the contract for services approved by the City
Council on June 7, 2022 for signatures. Please return one original copy to the City to my attention once
executed and the other copy is for your records. In addition, we will need the following licensing and
insurance information per the contract:
. Commercial General Liability Insurance certificate with the City named as Additional Insured and
with the limit requirements listed on pages 3 and 4 of the contract.
4
.
• Business Automobile Liability Insurance certificate with the City named as Additional Insured and
with the limit requirements listed on pages 3 and 4 of the contract.
• Worker's Compensation Insurance certificate with the limit requirements listed on pages 3 and 4 of
the contract.
• Professional Liability Insurance certificate with the limit requirements listed on pages 3 and 4 of the
contract.
• Copy of City or County Business Tax Receipt where business is located.
' Should you have any questions, please let me know.
Regards,
Patt� M. Burnette
' C�enera�Services Coorc�inator
Cit� of O�eec�o6ee
55 S� 3Y`� �venue
O�eec�o6ee, �FL 34974
P�one: (863� 763-3372 ext. g82o
Dtirect: (863� 763-g8zo
�'ax: (863� 763-1686
'' e-mai��6urnette@cit�ofo�eecF�o6ee.com
tive6site: �www.cit�uofo�eecF�o6ee.com
—��
5