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HomeMy Public PortalAboutResolution No. 24-049 - Resolution to piggyback the City of Oakland Park contract with RMPK Funding for Grant Management ServicesSponsored By: City Manager RESOLUTION NO. 24-049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO PIGGYBACK THE CITY OF OAKLAND PARK CONTRACT #012623 WITH RMPK FUNDING, INC. FOR GRANT MANAGEMENT SERVICES AND ENTER INTO A CONTRACT WITH RMPK FUNDING, INC. FOR GRANT PREPARATION SERVICES, THROUGH MARCH 15, 2026, AS ATTACHED HERETO, IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000.00); PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-Locka, Florida ("City") requires grant preparation services. The City Manager recommends engaging RMPK Funding, Inc. ("RMPK Funding") to provide these services. WHEREAS, the City issued Request for Proposals (RFP) for Federal and Non - Federal grant preparation services, RFP 24-0111200 and RFP 24-0109200 respectively. No bids were received in response to either RFP. At the time of the RFPs, the City's former grant writer, RMPK Funding, chose to not reapply; and WHEREAS, the City Manager has strengthened the City's grant function by having the Grant Administrator report to the Budget Administrator, who is now responsible for maximizing the City's grant seeking activity and for ensuring that all grants obtained by the City are administered timely and correctly to ensure that the City receives all funding potentially awarded to it promptly and without issues; and WHEREAS, staff has contacted RMPK Funding to discuss this reorganization. RMPK Funding has considered this new organization and has concluded that it should result in a substantially more effective relationship between the RMPK firm and the City. As a result, the firm has decided that it is willing to provide grant preparation services again to the City; and WHEREAS, on March 15, 2023, the City of Oakland Park awarded RMPK Funding a three-year contract, with a renewal option of two (2) additional three (3) year periods (if mutually agreed upon by the parties), for Grant Management Services pursuant to Contractor's submission for Request for Proposals ("RFP") #012623 (Contract attached hereto as Exhibit "A"); and WHEREAS, RMPK Funding was awarded a contract with the City of Oakland Park, through competitive bidding; and Resolution No. 24-049 WHEREAS, if approved, the City's contract would run to March 15, 2026, consistent since the City's Code of Ordinances currently limits contract renewals to two (2) one-year renewal periods; and WHEREAS, the Oakland Park contract provides for both Grant Preparation, based on a price list for different categories of grants (attached) and Grant Administration, based on a flat fee. Since the City's Grant Administrator's responsibilities include managing all grants, regardless of whether from RMPK Funding or other sources, as well as administering FEMA documentation when FEMA events occur, the City Manager recommends that the City only piggyback the Grant Preparation portion of the Oakland Park contract; and WHEREAS, pursuant to the City's Purchasing Code, the City Manager has determined that the prices of the original contract to be used for a piggyback are competitive and reasonable; and WHEREAS, the City Commission finds that it is in the best interest of the City to piggyback the City of Oakland Park's Contract # R-2017-032 with RMPK Funding, Inc. in order to benefit from already negotiated rates and enter into an agreement with Contractor for Grant Management Services, as attached hereto as Exhibit "B", in an amount not to exceed Forty Thousand Dollars ($40,000.00). 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 City Manager to piggyback the City of Oakland Park contract with RMPK Funding, Inc. for Grant Preparation Services through March 15, 2026, as attached hereto as Exhibit "B", with a not -to -exceed amount of Forty Thousand Dollars ($40,000.00) and with the provision for renewal for two one-year terms, subject to the approval of both parties. 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 City Manager, or the City Manager's designee, following review by the City Attorney, without need of 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. 2 Resolution No. 24-049 APPROVED AS TO FORM AND ' tAL SUFFICIENCY: PASSED and ADOPTED this 27th day of March, 2 John H. T.,ylor Jr., Mayor TTEST: nna Flores, City Clerk B: ette •rris-Weeks, P.A. City Atto ey Moved by: Commissioner Kelley Seconded by: Commissioner Williams VOTE: 4-1 Commissioner Bass YES Commissioner Kelley NO Commissioner Williams YES Vice Mayor Ervin YES Mayor Taylor YES 3 DocuSign Envelope ID: 20BEA7E4-21 E1-473A-A251-D955F7OBBEC1 City of Opa-locka Agenda Cover Memo Department Director: RobertAnathan Department Director Signature: P. �/� �„�� City Manager g Darvin Williams CM Signature: r� L-- C48Co7C 1EBDE492 Commission Meeting Date: Mar 17, 2024 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) N/A Yes No Ordinance Reading: (EnterX in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) See Financial Impact Section Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (EnterXinbox) Yes No RFP/RFQ/Bid#: Piggyback X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev MI Public Safety • Quality of Education IN Qual. of Life & City Image • Communication • Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Sponsor Name City Manager Department: City Manager's Office City Manager Short Title: A resolution of the City Commission of the City of Opa-locka authorizing the City Manager to piggyback the City of Oakland Park's agreement with RMPK Funding for Grant Preparation Services. Staff Summary: Issue/Recommendation: The City requires grant preparation services. Staff recommends engaging RMPK Funding to provide these services. History: The City issued RFPs for Federal and Non -Federal grant preparation services (RFP 24-0111200 and RFP 24-0109200 respectively). No bids were received in response to either RFP. At the time of the RFPs, the City's former grant writer, RMPK Funding, chose to not reapply. Current Activity: The City Manager has strengthened the City's grant function by having the Grant Administrator report to the Budget Administrator who is now responsible for maximizing the City's grant - seeking activity and for ensuring that all grants obtained by the City are administered timely and correctly to ensure that the City receives all funding potentially awarded to it promptly and without problems. DocuSign Envelope ID: 20BEA7E4-21 E1-473A-A251-D955F7OBBEC1 Staff has contacted RMPK Funding to discuss this reorganization. RMPK Funding has considered this new organization and has concluded that it should result in a substantially more effective relationship between their firm and the City, resulting in the firm deciding that it is now willing to provide grant preparation services again for the City. RMPK Funding has provided a recent contract with the City of Oakland Park, awarded through competitive bidding, for the City's use for piggyback purposes. The Oakland Park contract is for three years, expiring on March 15, 2026, with two (2) additional three (3) year renewal periods under the same terms and conditions, if mutually agreed upon by both parties. If this engagement is approved by the Opa-locka City Commission, the City's contract will also run to March 15, 2026, consistent with contract being used as the basis of piggyback, and since the City's Code of Ordinances currently limits contract renewals to two (2) one-year renewal periods, the City's contract will be for two (2) one-year renewal terms rather than the three-year renewal terms in the City of Oakland Park contract. The Oakland Park contract provides for both Grant Preparation, based on a price list for different categories of grants (attached) and Grant Administration, based on a flat fee. Since the City's Grant Administrator's responsibilities include managing all grants, regardless of whether from RMPK Funding or other sources, as well as administering FEMA documentation when FEMA events occur, it is proposed that the City only piggyback the Grant Preparation portion of the Oakland Park contract. Financial Impact: With half of the fiscal year already passed, RMPK Funding grant preparation expense won't exceed $40,000 for the remainder of the fiscal year. These fees will be charged to the Non -Department Division, Professional Services (19-519312) which currently has $533,176 available. .Proposed Action: Staff recommends the City Commission approve the engagement of RMPK Funding to provide grant preparation services to the City with an initial contract to extend to March 15, 2026 and with two one-year renewal periods, subject to agreement of both parties, with an amount to not exceed $40,000 in FY 24. Attachment: 1. City of Oakland Park competitively bid contact with RMPK Funding 2. RMPK Services 3. RMPK Price list ■■O RMPK FUNDING Public Funding • Govemmental Advocacy • Economic Development. PROPOSED COST Grant Type Application Cost* Florida Land and Water Conservation Fund (LWCF) $5,000 Florida Recreation Development Assistance Program (FRDAP) $4,000 Energy and Efficiency Grants (DOE) $4,000 Florida Department of Transportation (FDOT) $3,500 Florida Boating Improvement Program (FBIP) $4,000 Non -Point Pollution TMDL Grants (FDEP) $4,000 Transportation Alternative Grants (TAP) $4,000 Florida Communities Trust - Florida Forever Program (FCT) $6,000 Recreational Trails Program (RTP) $5,000 FIND Water District Grant Program $4,000 Florida Cultural Facilities Grant (DCA) $5,000 Urban and Community Forestry Grant Program (DOF) $2,500 Special Category Historical Grant $4,500 Hazard Mitigation Grant Programs $5,000 Resilient Florida Grants $4,500 Rebuild Florida Grants $5,000 Small Matching Historical Grant $3,000 General Program Support Grant $3,000 African -American Cultural and Historical Grant Program $4,500 This is not a comprehensive listing of all grant programs that might be available to the City. New programs are created and become available each year. If a program or grant type is not listed, RMPK will provide a cost proposal for approval before initiating the preparation process. *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. 601 Heritage Dr. #402 Jupiter, FL 33458 (561) 745-2401 wwvv.rmpkfunding.com Page 119 IMMO RMPK FUNDING Public Funding • Governmental Advocacy • Economic Development. TECHNICAL PROPOSAL Grant Preparation Securing more than $220,000,000 in funding in the past 20 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 gives our clients an advantage as their project competes for grant funds. Scope of Services 1. Research and obtain necessary documents for the grant application 2. Prepare and establish online accounts for grant agencies 3. Prepare and submit grant applications for evaluation 4. Handle all follow-up requests from the state relating to the application S. Attend or coordinate any meetings necessary for the grant application 6. Prepare materials and make presentations 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 15 IMMO RMPK FUNDING Public Funding • Governmental Advocacy • Economic Development. Grant Administration Attentive grant administration is the key to the successful completion and reimbursement of grant projects. RMPK Funding takes care of the details of grant management so that your staff is free to handle the many other needs of your community. 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 Closeout Documentation 7. Act as Liaison Between Grant Agencies and the City 8. Handle All Other Required Items (e.g., Amendments) 9. Provide monthly Grant Management Status reports 10. Meet with City staff at least once quarterly to provide updates and as needed for specific issues Page 16 City of Oakland Park 3650 NE 12th Avenue Oakland Park, FL 33334 AGREEMENT for GRANT MANAGEMENT SERVICES THIS IS AN AGREEMENT made and entered into this /61A day of liikikeh , 2023, by and between: The CITY OF OAKLAND PARK, FLORIDA acting herein through its City Manager, hereinafter called "CITY" and RMPK FUNDING, INC. doing business as a provider of grant management services, hereinafter called "CONSULTANT". CITY and CONSULTANT may hereinafter be referred to as the "Parties". WITNESSETH: WHEREAS, the CITY desires to engage the services of CONSULTANT to provide grant management services to enable the City to leverage local public funds to help the City find and apply for funding for a variety of uses, including community planning, technical assistance, research, and capital infrastructure projects. Related services include assist in researching and identifying potential grant opportunities, providing strategic grant writingservices associated with the completion and submission of grant applications, technical assistance and program administration services, and management of grants throughout their Iifecycles. WHEREAS, Ail terms, conditions, and provisions of Request for Proposals (RFP) #012623, Grant Management Services, are incorporated herein by reference as Exhibit A made a specific part hereof NOW THEREFORE, in consideration of the promises, the mutual covenants, conditions, provisions and undertakings herein contained, and for other good and valuable considerations, the Parties do mutually covenant and agree with each other as follows: ARTICLE 1 COMPENSATION In accordance with the Proposal, the Consultant shall supply personnel to perform required tasks and be compensated in accordance with the annual fee to be paid on a quarterly basis, which is incorporated herein. ARTICLE II TERM AND CANCELLATION The term of this Agreement is THREE (3) years commencing on the effective date of the resulting agreement. The contract may be renewed for TWO (2) additional THREE (3) year periods under the same terms and conditions, if mutually agreed upon by both parties. 1. 2023-05o In the event delivery/service is scheduled to end because of the expiration of this contract, CONSULTANT shall continue to deliver/service upon the request of the Contract Administrator. The extension period shall not extend for more than 90 days beyond the expiration date of the existing contract. The Consultant shall be compensated far the product/service at the rateineffect when this extension clause is invoked by y the City. If it is determined that it is in the best interest of either party of the Agreement to terminate this Agreement prior to the expiration date; for cause, a thirty (30) calendar day written notice shall be given by the party wishing. to. terminate this Agreement. ARTICLE III GENERAL PROVISIONS' It is understood and agreed that this Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and that the Parties agree that there are no commitments,, agreements, or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no .deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. It is further agreed that no modification, amendment or alteration of the terms or conditions contained herein shall be effective unless contained in a written. document executed with the same formality and with equal dignity herewith,. This document may be executed in counterparts each of which shall be deemed to be a duplicate original. This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. In connection with any conflict: arising out of this Agreement, the Parties hereto agree to mediate the dispute prior to instituting any litigation in connection with this Agreement. The mediator shall be an individual agreed to by all parties. All costs of mediation shall beshared equally by the parties and the mediation shall be initiated within thirty (30) days of the conflict being expressed in writing by either patty. In the event of litigation arising out of this Agreement, including anyadministration, trial level, or appellate proceedings,theprevailing party shall be entitled to recover all costs incurred, includinga reasonable attorney's fee and paralegalcosts. if any clause, section or other part or application of this Agreement shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part or application shall be considered aseliminated and so not affecting the validity of' the remaining portions or applications remaining in full force and effect. Notice. Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimiletransmission with certification of transmission to the receiving party, addressed to the following individuals: CITY: City of. Oakland Park, Florida David Hebert, City Manager 3650 NE 12'h Avenue Oakland Park, FL 33334 2 COPY TO: Donald J. Doody, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard,Suite 200 Fort Lauderdale, Florida 33308 Telephone: (954) 771-4500 FAX: (954) 771-4923 CONSULTANT: RMPK FUNDING, INC. 601 Heritage Drive, #402 Jupiter, FL 33458 Ryan A. Ruskay, President rruskuw(a)nnpkfuncli ng.com Indemnification. Consultant agrees to indemnify and save harmless the CITY, its public ofticials, agents, servants and employees harmless from and against any and all claims arising out of or in any way connected with the willful misconduct or negligence of the contractor, or its employees and to carry at its own expense policies of insurance described in RFP #012623 to protect the CITY and its interests from such. actions of the consultant or sub- contractors. Consultant further agrees to reimburse CITY for any and all courtcosts and other expenses, including reasonable attorney's feesincurred by CITY in defending any action, at both the trial. and appellate levels, including paralegal expenses associated therewith, brought against CITY for injury or damage claimed to have been suffered as a result of or in any way connected with contractor's willful misconduct or negligence or that of its employees. Governing Law: Venue.This Agreement is executed and is to be performed in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida. Venue for any legal proceeding commenced with respect to the performance of the Parties' obligations pursuant to this Agreement shall be in a court of competent jurisdiction located in Broward County, Florida. Non-Discrimination/Equal Employment Opportunity and Americans with Disabilities Act. Consultant shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by this Agreement, including Titles 1 and Ii of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, CONSULTANT shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay, other forms of compensation, termsand conditions of employment, training (including apprenticeship) and accessibility. Consultant's decisions regarding the delivery of services under this Agreement shall be made without regard to or consideration of race, age, religion, color, gender, sexual orientation, gender identity, gender expression, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used as a basis for service delivery. Consultant shall not engage in or commit any discriminatory practice in violation of the Broward County Human Rights Act (Broward County Code, Chapter 162) in performing any services pursuant to this Agreement. Public Records. The City of Oakland Park is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: 3 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the consultant upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. The failure of Consultant to comply with the provisions set forth in this Article shall constitute a Default and Breach of this Agreement and the City shall enforce the Default in accordance with the provisions set forth in ARTICLE 1I. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT Renee M. Shrout, CMC, City Clerk City of Oakland. Park 3650 NE 12th Avenue Oakland Park, FL 33334 954-630-4298 ReneeS a,Oak(andParkFL.zov Scrutinized Companies - Consultant must certify that the company is not participating in a boycott of Isrliel. Consultant must also certify that Consultant is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or has been engaged in business operations in Cuba or Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Consultant must submit the certification that is attached to this contract. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Consultant 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 Consultant 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 Section 287.135, Florida Statutes, as amended from time to time. E -Verify - 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 4 newly hired employees. Vendor/Consultant/Contractor acknowledges and agrees to utilize the U.S. Department of Homeland Security's E -Verify 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 1? -Verify System during the term of the contract is a condition of the contract with the City; and c. By entering into a 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 isnot 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 t 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 after the date of termination. The Contractor acknowledges it is liable to the City for any additional costs as a result of termination of the contract due to Contractor's failure to comply with the provisions herein. Ethics and Conflict of Interest - CONSULTANT shall avoid all conflicts of interests, as well as appearances of conflicts of interests, throughout the term of this Agreement. CONSULTANT shall not at any time during the term ofthis Agreement represent any party seeking approvals, permits, or licenses, of any kind from the City. Nothing set forth hi this Agreement shall preclude or limit CONSULTANT'S ability to engage in outside work or employment which is not in conflict with the duties and responsibilities set forth herein, 5 AGREEMENT: IN WITNESS WHEREOF, the parties to these presents have executed this contract in two (2) counterparts, each of which shall be deemed an original, in the Year and Day first mentioned above. AT T: CITY OF e ee Shrout, City Clerk Davi ert, ity Manager 26' 06-0 (SEAL) PARK APPROV 0 GAL F Donald . D. y, City omey WITNESS BY: CONSULTANT: RMPK FUNDING, INC. By: Title: tut By;A\-(1A4)?' Y -J1 7 a STATE: Plc. rt;� COUNTY: pQ 1,i,, . Sworn to (or affirmed) and subscribed before ine this I'f' day of Mares , 20.23 , by: 00.'it%, ANNA BONJOUR Notarffi:00111'6YaFd tlfiloride Is. •i Commission # HH 2b0947 "14 -` My Commission Expires ''4, April 07, 2026 Personally Known: X OR Type of Identification Produced: ' 11a Plus K4 y1 • Name of Person Making Siatensint A"lit Signature of N ry Public Amato Be our Name of Notary Public.(Typ Printed, Stamped) Identification Produced: 6