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HomeMy Public PortalAbout22-029 - RMPK Funding Agreement Amendment to increase fee for services to $60,000Sponsored By: Interim City Manager RESOLUTION NO. 22-029 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE INTERIM CITY MANAGER TO AMEND THE AGREEMENT WITH RMPK FUNDING, INC. TO INCREASE FEE FOR SERVICES FROM TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) TO SIXTY THOUSAND DOLLARS ($60,000.00); EXTENDING THE AGREEMENT FOR ONE ADDITIONAL YEAR AND RATIFYING WORK COMPLETED UNDER THE INCREASED SERVICES BUDGET; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-Locka ("City") entered into an agreement with RMPK Funding, Inc. ("RMPK") to provide grant writing services through September 30, 2022, with a one-year optional renewal; and WHEREAS, the Agreement included a provision to not exceed $25,000 for this service; and WHEREAS, as a part of the City's Budget Amendment #3, the City authorized an increased expenditure of $35,000 which was approved by the City Commission on April 27, 2022; and WHEREAS, RMPK has continued to submit grant applications for the City without a contract amendment and the Interim City Manager is seeking ratification of the services provided; a one year extension of the agreement and approval of the Amendment attached hereto as Exhibit "A", which increases the Fee for Services from $25,000 to $60,000; and WHEREAS, the City Commission finds it in the best interest of the City and its residents to approve this Resolution. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SECTION 1. The recitals to the preamble herein are incorporated by reference. SECTION 2. AUTHORIZATION The City Commission of the City of Opa-Locka, Florida hereby authorizes the Interim City Manager to ratify and approve payment for RMPK services provided; extend the term of the Agreement for one additional year and increase the Fee for Services from Twenty -Five Thousand Dollars ($25,000.00) to Sixty Thousand Dollars ($60,000.00) in the Amendment form attached hereto as Exhibit "A". Resolution No. 22-029 SECTION 3. SCRIVENER'S ERRORS Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the Interim City Manager following review by the City Attorney, without the need of a public hearing by filing a corrected copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE This Resolution shall take effect upon the adoption and is subject to the approval of the Governor or Governor's Designee. PASSED and ADOPTED this 14th day of September, 2022. eronica E. Williams, Mayor ATTEST: Joa 1i a Flores, City Clerk APPROVED AS TO FORM AND LEG SUFFICIENCY: Burn ette Norr. -Weeks, P.A. Moved by: Vice Mayor Taylor Seconded by: Commissioner Bass 2 Resolution No. 22-029 VOTE: 4-0 Commissioner Bass YES Commissioner Davis ABSENT Commissioner Dominguez YES Vice -Mayor Taylor YES Mayor Williams YES 3 City of Opa-locka Agenda Cover Memo Department Director: Robert Anathan Department Director Signature: Manager: City Darvin Williams CM Signature: Commission Meeting Date: Sep 14, 2022 Item Type: (EnterX in box) Resolution rdinance Other X Fiscal Impact: (EnterXin box) N/A Yes No Ordinance Reading: (EnterXin box) 1st Reading 2nd Reading X Public Hearing: (EnterXin box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) See Financial Impact Section Advertising Requirement: (EnterXin box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X IN IN I• • NI Sponsor Name City Manager Department: City Manager's Office City Manager Short Title: Grant Writing Firm Contract Amendment Staff Summary: Issue/Recommendation: The initial FY 22 contract with the City's grant writing firm for $25,000 has been fully utilized with several grant applications being selected for funding. Staff recommends the City Commission approve staff's recommendation to increase this FY 22 contract by $35,000 to take advantage of several future grant opportunities and ratify grant applications provided by RMPK Funding related to this increased funding. History: In FY 21 Staff recognized the need for the City to obtain effective grant writing services to leverage the funding available to the City to restore its infrastructure and otherwise enhance the services the community needed and expected. After research, Staff identified RMPK Funding as a firm providing these services very successfully to several municipalities in South Florida. RMPK Funding had a contract with the City of Oakland Park which both parties agreed would be permissible for the City to utilize as the basis of a piggyback contract. On December 9, 2020, Staff recommended the City Commission approve a contract with RMPK Funding, which the Commission did with the adoption of Resolution 20-9824. This relationship has proven very beneficial to the City, and subsequently Staff recommended this contract be renewed for one year for an amount of $25,000. It should be noted that RMPK Funding fees are based on each grant application submitted based on a price list approved with the initial contract. This service was incorporated into the FY 22 budget and on September 2, 2021, Resolution 21-9916 was approved, authorizing the renewal of a one-year contract with RMPK Funding for grant services. Current Activity: The $25,000 fee authorized in the FY 22 one-year renewal contract extension, expended on a per grant application basis, has now been fully utilized with success in receiving several grants, including the $7 million 127th Street canal project, a $500,000 grant for creation of a cultural arts center as part of the restoration of the Historic City Hall, a $50,000 grant for restoration of Ingram Park courts and a $12,000 community garden grant. Additionally, since then applications have been submitted for two Florida Recreation Development Assistance Program (FRDAP) grants, renewal of three pump stations ($2.2 million) and a $3.2 million stormwater grant, with more grant applications under development. On April 27, 2022 the City Commission approved Budget Amendment #3 to amend the RMPK Funding annual budget from $25,000 to $60,000, and this was subsequently approved by the State on May 31, 2022. In June it was recognized that although additional expenditure had been approved, staff had failed to amend the FY 22 contract. On June 14, 2022, an amended contract was prepared and signed by Ryan Ruskay, the RMPK Funding principal. Due to scheduling issues, the amended contract hasn't been submitted until now. RMPK Funding has continued to submit grant applications for the City on the basis of knowing that the budget for this firm's services had been increased to $60,000 for FY 22. Financial Impact: The increase of $35,000 was approved in Budget Amendment #3 and has been incorporated into the budget in the City's financial system. .Proposed Action: Staff recommends the City Commission authorize the Interim City Manager to enter into an agreement with RMPK Funding amending the current contract to reflect an increase in authorized spending to $60,000 for the current fiscal year and to further ratify the work that RM PK Funding has done consistent with the firm's budget being increased to $60,000. Attachment: 1. Amended Contract AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF OPA- LOCKA, FLORIDA, AND RMPK FUNDING, INC., FOR GRANT APPLICATION SERVICES THIS AMENDMENT entered into between the CITY OF OPA-LOCKA, a Florida municipal corporation, hereinafter "CITY", and RMPK FUNDING, INC., a Florida corporation, hereinafter "CONTRACTOR", hereby amends the Agreement between the parties dated October 1, 2021. WITNESS ETH: WHEREAS, Contractor currently performs grant application, compliance and related professional consulting services in accordance with Attachment 11A" of the Agreement between the parties; and WHEREAS, pursuant to Resolution No. 21-9916, the City Commission approved a renewal of the Agreement for an additional one-year period to commence 011 October 1, 2021; and WHEREAS, the Agreement between the parties is in force until September 30, 2022; and WHEREAS, due to the number of grants available and the possibility of the City receiving additional dollars if more resources are devoted to grant writing services, the City Manager recommends increasing the contract amount from Twenty -Five Thousand ($25,000.00) to Sixty Thousand Dollars ($60,000.00); and WHEREAS, the parties desire to specifically amend Article III of the Grant Application Services Amendment entitled "Fee For Services" and to amend the fee terms as set forth herein; and WHEREAS, the City Commission desires to authorize the City Manager to execute the Amendment to the Grant Application Services as set forth herein. NOW THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and payments hereinafter set forth in this Amendment, the parties hereby agree to amend Article III entitled Fee For Services as follows: 1. The foregoing recitals are true and correct and incorporated herein by reference. Terms not defined herein shall have the same meaning as ascribed to them in the Grant Application Services Agreement. 2. Page 2, Article III, entitled "Compensation" is hereby amended and shall read: Page 1 of 2 III. FEE FOR SERVICES For satisfactory performance of Services, Contractor shall be paid a total compensation of not to exceed Sixty Thousand Dollars ($60.,000.00) Twenty -Five Thousand Dollars ($25,000), (the "Fee") which shall be due and payable in partial monthly payments pursuant to proper monthly invoices in accordance with the portion or items of work completed by Contractor in the performance of the Services. Invoices will be submitted electronically to payables@Opalockafl.gov. INDEPENDENT CONTRACTOR STATUS. Contractor and its employees and agents shall be deemed independent contractors and not agents or employees of City, and shall not attain any rights or benefits generally afforded City employees; further, Contractor, its employees and agents shall not be deemed entitled to City's worker's compensation insurance benefits. 3. Attachment "A" to the Project Agreement shall be replaced in its entirety with Attachment A hereto. The foregoing recitations are true and correct and are hereby incorporated by reference. All other provisions of the Agreement, except as modified herein, shall remain in full force and effect. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CONTRACTOR: CITY: RMPK Funding, Inc. City of Opa-Locka By: By: Ryan Ruskay, Darvin E. Williams, President Interim City Manager Date: Date: Page 2 of 2