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HomeMy WebLinkAbout2013-10-02 CRA Board Regular Meeting Agenda AddendumADDENDUM CITY OF DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY REGULAR MEETING WEDNESDAY, OCTOBER 2, 2013 – 6:00 P.M. ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE WITH REGARD TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. LOBBYIST REGISTRATION IS REQUIRED. PRIOR TO ENGAGING IN ANY LOBBYING ACTIVITIES, WHETHER OR NOT COMPENSATION IS PAID OR RECEIVED IN CONNECTION WITH THOSE ACTIVITIES, EACH LOBBYIST SHALL FILE WITH THE CITY CLERK AN ANNUAL REGISTRATION STATEMENT AND PAY AN ANNUAL ONE HUNDRED DOLLARS ($100.00) REGISTRATION FEE FOR EACH PRINCIPAL OR EMPLOYER. REGISTRATION FORMS ARE AVAILABLE IN THE CITY CLERK'S OFFICE, OR ON THE CITY WEBSITE: WWW.DANIABEACHFL.GOV. (ORDINANCE #2012-019) IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK’S OFFICE, 100 W. DANIA BEACH BOULEVARD, DANIA BEACH, FL 33004, (954) 924-6800 EXTENSION 3624, AT LEAST 48 HOURS PRIOR TO THE MEETING. IN CONSIDERATION OF OTHERS, WE ASK THAT YOU: A. PLEASE TURN CELL PHONES OFF, OR PLACE ON VIBRATE. IF YOU MUST MAKE A CALL, PLEASE STEP OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. B. IF YOU MUST SPEAK TO SOMEONE IN THE AUDIENCE, PLEASE SPEAK SOFTLY OR GO OUT INTO THE ATRIUM, IN ORDER NOT TO INTERRUPT THE MEETING. 5. CONSENT AGENDA 5.5 Approve contract with ENO Consulting, LLC, in the amount of $84,500.00, for the management of the community garden and training of the neighborhood residents Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 2 of 20 Memo To: CRA Board From: Jeremy Earle, Executive Director CC: Date: October 1st , 2013 Re: Community Garden Program Management Background In the fiscal year 2012-2013 the Dania Beach Community Redevelopment Agency (DBCRA) partnered with the Broward Regional Health Planning Council (BRHPC) to create a community garden on formerly blighted land in accordance with FL Statute 163, Part III and the DBCRA Plan. The DBCRA sees this as the initial part of a program to redevelop and utilize vacant/abandoned properties within the CRA in order to increase property values, provide access to healthy foods to our local Dania Beach residents, and provide economic opportunities. Per the approved CRA Redevelopment Plan, the community garden was first created at the request of the Sun Garden Isles Community as a part of their community workshop sessions. With this fact in mind, the BRHPC procured an initial grant in an amount of $35,000 that they used for the initial set up of the community garden and which also initially paid for the salaries of two members of the community to work in the garden. In addition the BRHPC has committed other financial resources to pay for the Farmers Market Manager until March of next year. Finally, the BRHPC will provide additional start-up dollars to the Dania Beach CRA which can be used for the community garden. This start-up capital comes from the sales generated by the farmers market in FY 2013. Because the community garden is set up as a Market Garden which in essence is a business, the Finance Department recommended that the DBCRA set up the Market Garden as a Special Revenue Fund, which is what the DBCRA Board did at the Special CRA Board meeting on Tuesday September 24th at 6:00 pm. The goal of the Special Revenue Fund would be to allow the garden to operate very similar to the way that Westrec Marina manages our city owned marina. This entails having a program manager who for the next year of their contract will manage the community garden and train residents on how to manage community gardens as a business in addition to setting them up on other vacant/blighted properties within the DBCRA. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 3 of 20 On Tuesday September 24th at 6:00 pm, the CRA Board approved that the CRA Executive Director could enter into negotiations with ENO, Consulting Group, LLC for the management of the community garden and the training of the neighborhood residents to take it over. That board approved an amount not to exceed $85,000 for this management and training of community members. This amount however does not include any supplies that that community garden may need such as wheel barrows, soil etc. For your approval is a contract in the amount of $84,500. Action requested 1. Approval of the contract with ENO, Consulting, LLC for the management of the community garden and the training of the neighborhood residents in the amount of $84,500. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 4 of 20 AGREEMENT THIS IS AN AGREEMENT (the “Agreement”) entered into on ____________________, 2013, between the DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY, a public body corporate and politic created pursuant to Part III of Charter 163, Florida Statutes, having an address of 100 East Dania Beach Boulevard, Dania Beach, Florida 33004 (the “CRA”), and ENO CONSULTING GROUP LLC., a Florida corporation, having an address of 1534 Polk Street Hollywood, FL 33020. In consideration of the mutual covenants, terms and conditions contained in this Agreement, and other good and valuable consideration, the adequacy and receipt of which are acknowledged, the parties agree as follows: 1. Scope of Services. 1.1 The CRA desires to engage and the Consultant agrees to perform consultant services for the CRA in accordance with the Scope of Services in connection with the establishment of Community/Market Garden Program Management Proposal referenced in Exhibit “A”, a copy of which is attached, made a part of and incorporated into this Agreement by this reference. 2. Subcontracts. 2.1. Consultant may subcontract certain items of work. It is expressly agreed to by the parties; however, that the CRA Executive Director shall approve in advance in writing any subcontractors and fees to be paid to them by Consultant prior to any such subcontractor proceeding with any such work. 3. Subconsultants. 3.1. The Consultant shall be responsible for all payments to any subconsultants and shall maintain responsibility for all work related to the Project. 3.2. Any subconsultants used on the Project must have the prior written approval of the CRA Executive Director. 4. Term/Commencement Date. 4.1. This Agreement shall become effective upon execution by both parties and shall remain in effect through September 30, 2014, unless earlier terminated in accordance with paragraph 12 (A) and (B). Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 5 of 20 4.2. Consultant agrees that time is of the essence and Consultant shall complete each deliverable for the Project within the time frames set forth in the Project and Payment Schedule, unless extended by the CRA Executive Director. 5. Compensation/Payment. 5.1. The CRA agrees to pay Consultant for services provided by Consultant, as described in Exhibit “A”, an agreed upon sum in an amount not to exceed $84,500. The Fee includes full payment, including all labor, overhead and other costs. No travel and meal costs are reimbursable unless incurred outside of Miami-Dade, Broward and Palm Beach Counties, approved in advance and in writing by the CRA Executive Director. Any such costs are payable at the CRA reimbursement rate. 5.2. Any necessary additional work, as determined by CRA Executive Director, which is not covered by the scope of services described in Exhibit “A”, shall not be undertaken without a written amendment to this Agreement to that effect, executed in advance by both parties. 5.3. Consultant shall submit its invoices in the format and with supporting documentation as may be required by the CRA. The Consultant shall invoice the CRA upon the completion of each task or deliverable in accordance with the Project and Payment Schedule or on a monthly basis if the Project Payment Schedule does not otherwise specify. 5.4. If any errors or omissions are discovered in any invoice, the CRA Executive Director will inform Consultant and request revised copies of all such documents. If any disagreement arises as to the payment of any portion of an invoice, the CRA agrees to pay all undisputed portions and the parties agree to cooperate by promptly conferring to resolve the disputed portion. Upon written request of the CRA Executive Director, the Consultant shall provide written documentation to justify the invoice. Any compensation disputes shall be decided by the CRA Executive Director, whose decision shall be final. 5.5. Any invoice which is not timely paid as prescribed above will be subject to the accrual of interest at the statutory rate prescribed by applicable Florida law. 6. Indemnification of CRA. 6.1. Consultant agrees to indemnify and hold harmless the CRA for all costs, losses and expenses including, but not limited to, damages to persons or property including, but Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 6 of 20 not limited to judgments and attorneys’ fees arising out of the negligent acts, errors or omissions or the willful misconduct of the Consultant, its agents, servants or employees in the performance of services under this Agreement. If called upon by the CRA, the Consultant shall assume and defend not only itself, but also the CRA, in connection with any suit or cause of action arising out of the foregoing, and such defense shall be at no cost or expense whatsoever to the CRA. This indemnification does not extend to acts of third parties who or which are wholly unrelated to Consultant. The covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to Consultant’s responsibility to indemnify the CRA. 6.2. It is specifically understood and agreed to that the consideration inuring to the Consultant for the execution of this Agreement consists of the promises, payments, covenants, rights and responsibilities contained in this Agreement. 6.3. The execution of this Agreement by the Consultant shall obligate the Consultant to comply with the foregoing indemnification provision; however, the collateral obligation of providing insurance must be also complied with as set forth below. 7. CRA’s Responsibilities 7.1. The CRA will furnish to Consultant, at the Consultant’s written request, all available maps, plans, existing studies, reports and other data pertinent to the services to be provided by Consultant, which may be in possession of the CRA. 7.2. The CRA will arrange for access to and make all provisions for Consultant to enter upon real property as required for Consultant to perform services as may be requested in writing by the Consultant. 8. Consultant’s Responsibilities 8.1. The Consultant shall exercise the same degree of care, skill and diligence in the performance of the Project as is ordinarily provided by a Consultant under similar circumstances. If at any time during the term of this Agreement or within one (1) year from the completion of the Project, it is determined that the Consultant’s deliverables are incorrect, defective or fail to conform to the Scope of Services of the Project, upon written notification from the CRA Executive Director, the Consultant shall, at Consultant’s sole expense immediately correct the work. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 7 of 20 9. Insurance. 9.1. Consultant shall provide, pay for and maintain in force at all times during the term of this Agreement, such insurance, including Comprehensive General liability, Workers’ Compensation insurance and Automobile insurances as stated below: 9.1.1. Comprehensive General Liability insurance, including contractual, with minimum limits of One Million Dollars ($1,000,000.00) per occurrence, combined single limit for bodily injury liability and property damage liability. The CRA is to be included as a “named insured” with respect to any claims arising out of this Agreement. 9.1.2. Workers’ Compensation insurance to apply for all employees in compliance with the “Workers’ Compensation Law” of the State of Florida and all applicable federal laws, for the benefit of the Consultant’s employees. 9.1.3. Automobile Liability with minimum limit of One Million Dollars ($1,000,000.00) combined single limit. 9.1.4. If Consultant hires a subcontractor for any portion of any work, then such subcontractor shall provide general liability insurance with minimum limits of liability of One Million Dollars ($1,000,000.00). 9.1.5. The Consultant shall provide the CRA Executive Director Certificates of Insurance for coverages and policies required by this Agreement. All certificates shall state that the CRA Executive Director shall be given thirty (30) days’ advance notice prior to expiration or cancellation of any policy. Such policies and coverages shall not be affected by any other policy of insurance which the CRA may carry in its own name. All certificates of insurance must clearly identify the contract to which they pertain, including a brief description of the subject matter of the contract. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 8 of 20 10. Assignment of Agreement. 10.1. It is understood and agreed to by both parties that this Agreement, in whole or in part, cannot be assigned, sublet or transferred by the Consultant without the prior written consent of CRA Executive Director. The CRA Executive Director is relying upon the apparent qualifications and expertise of the Consultant, and such firm’s familiarity with the CRA’s area, circumstances and desires. In the event Consultant wishes to re-assign or replace such individual, the Consultant shall tender substitutes acceptable to CRA Executive Director. In the event the CRA Executive Director is not, for any reason or no reason at all, satisfied with such substitute, Consultant shall be considered in breach of this Agreement. Violation of the terms of this paragraph shall constitute a breach of Agreement by Consultant and CRA Executive Director may, at his discretion, terminate this Agreement for cause and all rights, title and interest of Consultant in this Agreement shall then cease and terminate. 10.2. The Consultant acknowledges, understands and agrees that its performance under this Agreement is or may be contingent upon the CRA receiving timely services from other consultants (the “Supporting Consultants”). The Consultant agrees to use its best efforts to coordinate its services with the services of the Supporting Consultants, and further agrees that in the event the rendition of any services of any of the Supporting Consultants is delayed, such delay will not entitle the Consultant to any additional compensation or payment of any kind. Furthermore, the Consultant shall not be entitled to an increase in compensation, or be entitled to payment of any kind from the CRA for damages or expenses incurred, which are direct, indirect or consequential or other costs and lost profits of any kind including, but not limited to costs of acceleration, inefficiency or extended overhead, arising because of any other delay, disruption, interruption, interference or hindrance from any cause whatsoever, whether such delay, disruption or interference be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable; provided, however, that this provision shall not preclude recovery of damages by the Consultant for hindrances or delays caused solely by fraud, bad faith or active malicious interference on the part of the CRA. The Consultant shall only be entitled to extensions of time for performance as the exclusive and sole remedy for delay. 11. Examination of Records. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 9 of 20 11.1. Consultant shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices. The Consultant shall also maintain the financial information and data used by the Consultant in the preparation of support of any claim for reimbursement for any out-of-pocket expense or cost. The CRA Executive Director shall have access to such books, records, documents and other evidence for inspection, audit and copying during normal business hours. The Consultant will provide proper facilities for such access and inspection. Audits conducted under this section shall observe generally accepted auditing standards and established procedures and guidelines of the CRA. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records, or documents pertaining to this Agreement. Consultant acknowledges that such laws have possible application and agrees to comply with all such laws. 12. Termination. 12.1. Termination of Agreement for Convenience. It is expressly understood and agreed that the CRA may terminate this Agreement at any time for any reason or no reason at all by giving the Consultant notice by certified mail, return receipt requested, directed to the principal office of the Consultant, ten (10) days in advance of the termination date. In the event that the Agreement is terminated pursuant to this provision, the Consultant shall stop work immediately on the Project and shall be entitled to be compensated for the services rendered from the effective date of execution of the Agreement up to the date of receipt of Notice of termination. Such compensation shall be based on the percentage of work completed, as fairly and reasonably determined by CRA Executive Director after conferring with Consultant. 12.2. Termination of Agreement for Cause. If the CRA Executive Director elects to terminate the Agreement for cause, the CRA will provide Consultant ten (10) days’ advance written notice. If Consultant promptly cures the matter giving rise to the cause within that time, this Agreement shall continue. If not timely cured, the Agreement will stand terminated and the CRA will pay Consultant for work completed less any costs, expenses and damages incurred by CRA as a result of such termination. If a court of competent jurisdiction determines that the termination was not authorized under the circumstances, then the termination shall be deemed to be a termination for convenience. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 10 of 20 13. Ownership of Documents. 13.1. During the term of this Agreement and for a period of three (3) years from the date of termination of this Agreement, all correspondence, studies, data, analyses, documents, instruments, applications, memorandums and the like, including drawings and specifications prepared or furnished by Consultant (and Consultant’s independent professional subcontractors or subconsultants) pursuant to this Agreement, shall become owned by and be the property of the CRA. The CRA shall consequently obtain ownership of them by any statutory common law and other reserved rights, including copyright; however, such documents are not intended or represented by Consultant to be suitable for reuse by CRA on extensions of the work or on any other work or project. Any such reuse, modification or adaptation of such document without written verification or permission by Consultant for the specific purpose intended will be at CRA’s sole risk and without liability or legal exposure to Consultant or to Consultant’s independent professional subconsultants. If CRA alters any such documents, CRA will expressly acknowledge same so that no third party will be in doubt as to the creation or origination of any such document. 13.2. The CRA may cancel this Agreement for refusal by the Consultant to allow access by the CRA Executive Director or his designee, to any and all records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 14. Notices. 14.1. Except as provided above, whenever either party desires to give notice to the other, it must be given by written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for whom it is intended, at the place last specified and the place for giving of notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective persons and places for giving of notice: CRA: Jeremy Earle, ASLA, AICP Executive Director of the Dania Beach Community Redevelopment Agency 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 11 of 20 With a copy to: Thomas J. Ansbro, City Attorney 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Consultant: Dion Taylor Principal ENO Consulting Group LLC 1534 Polk Street Hollywood, FL 33020 15. Nondiscrimination. 15.1. During the term of this Agreement, Consultant shall not discriminate against any of its employees or applicants for employment because of their race, color, religion, sex, or national origin, and to abide by all Federal and State laws regarding discrimination. 16. Conflict. 16.1. In the event of any conflict between any provisions of this Agreement and any provision in any attached Exhibit, the parties agree that the provisions of this Agreement are controlling (including, but not limited to all terms and provisions governing compensation). 17. Conflict of Interest. 17.1. To avoid any conflict of interest or any appearance of it, Consultant shall not, for the term of this Agreement, provide any consulting services to any private sector entities (developers, corporations, real estate investors, etc), with regard to any “adversarial” issues in the CRA. For the purposes of this section “adversarial” shall mean any development application where staff is recommending denial or has denied the application; administrative appeal or court action in which the CRA is a party. This section applies only to the project referenced in this Agreement and for the time-frame outlined in it. 18. Consent to Jurisdiction. 18.1. The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Agreement shall be the Circuit Court for the Seventeenth Judicial Circuit in and for Broward County, Florida, or the federal District Court in the Southern District of the United Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 12 of 20 States. Each party further agrees that venue of any action to enforce this Agreement shall be in Broward County, Florida. 19. Governing Law. 19.1. The parties agree that this Agreement shall be construed in accordance with and governed by the laws of the State of Florida. 20. Attorneys’ Fees and Costs. 20.1. If CRA or Consultant incurs any expense in enforcing the terms of this Agreement, whether suit is brought or not, each party shall bear its own costs and expenses including, but not limited to court costs and reasonable attorneys’ fees. 21. Headings. 21.1. Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 22. Exhibits. 22.1. Each exhibit referred to in this Agreement forms an essential part of this Agreement. Each such exhibit is a part of this Agreement and each is incorporated into it by this reference. 23. Severability. 23.1. If any provision of this Agreement or the application of it to any person or situation shall to any extent be held invalid or unenforceable, the remainder of this Agreement and the application of such provisions to persons or situations, other than those as to which it shall have been held invalid or unenforceable, shall not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent permitted by law. 24. All Prior Agreements Superseded. 24.1. This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained in this Agreement, and 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 of this Agreement shall be predicated upon any prior representations or agreements, whether oral or written. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 13 of 20 24.2. Consultant and its employees and agents shall be and remain independent contractors and not employees of the CRA with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties to this Agreement. All agents, employees and subcontractors of the Consultant retained to perform services pursuant to this Agreement shall comply with all laws of the United States concerning work eligibility. 25. Prohibition of Contingency Fees. 25.1. The Consultant warrants that it is not employed or retained by any company of person, other than a bona-fide employee working solely for the Consultant to solicit or secure this Agreement, and that it has not paid or agreed to pay any person(s), company, corporation, individual or firm, other than a bona-fide employee working solely for the Consultant, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award of the making of this Agreement. 25.2. The Consultant understands and agrees that the CRA, during any fiscal year, is not authorized to expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year and that any contract, verbal or written, made in violation of this subsection is null and void and that consequently, no money may be paid on such contract beyond such limits. Nothing contained in this Agreement shall prevent the making of contracts for periods exceeding one (1) year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Consultant shall not proceed with services under this Agreement without CRA’s written verification that the funds necessary for Consultant compensation and other necessary expenditures are budgeted as available within the appropriate fiscal year budget. 26. Consultant warrants and represents that no elected official, officer, agent or employee of the CRA has a financial interest, directly or indirectly, in this Agreement or the compensation to be paid under it and, further, that no CRA employee who acts in the CRA as a “purchasing agent” as defined in Chapter 112, Florida Statutes, any elected or appointed officer of the CRA, nor any spouse or child of such purchasing agent, employee or elected or appointed Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 14 of 20 officer, is a partner, officer, director or proprietor of the Consultant and, further, that no such CRA employee, purchasing agent, CRA elected or appointed officer, or the spouse or child of any of them, alone or in combination, has a material interest in the Consultant. Material interest means direct or indirect ownership of more than five percent (5%) of the total assets or capital stock of the Consultant. 27. Consultant shall comply with all federal, state and CRA laws applicable to the Consultant services and specifically those covering Equal Opportunity Employment, the Americans With Disabilities Act (“ADA”) eligibility to perform services as specified in the Florida Public Entity Crime law and the Florida Building Code. The Consultant is expected to fully comply with all provisions of all laws and the CRA reserves the right to verify the Consultant’s compliance with them. Failure to comply with any laws will be grounds for termination of the Agreement for cause. 28. Counterparts. 28.1. This Agreement may be executed in several counterparts, each of which shall be deemed an original of such counterpart and shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties execute this Agreement on the respective dates under each signature: Attest: DANIA BEACH COMMUNITY REDEVELOPMENT AGENCY ______________________________ By: _________________________________ Louise Stilson, CMC, City Clerk Jeremy Earle, ASLA, AICP, CRA Executive Director Date: Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 15 of 20 ENO CONSULTING GROUP By: Dion Taylor Principal Date: Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 16 of 20 Statement of Work (SOW) Community/Market Garden Program Management Proposal For City of Dania Beach Community Redevelopment Agency (CRA) Background The CRA of Dania Beach has funded, to an extent, a Community Garden (PATCH) to provide access to healthy foods, education services, and economic development opportunity to the citizenry of Dania Beach. PATCH is a 1.7 acres plot of land that is currently a functioning Community Garden growing local produce. The CRA of Dania Beach has partnered with the Broward Regional Health & Planning Council (BRHPC) to deliver a community garden that will - over time - morph in to a Co-op or Food Hub model. ENO Consulting Group , LLC is pleased to present this proposal to function as the Management company for the business. ENO will provide the following services for a period of 12 months commencing October 1, 2013 thru September 30, 2014:  Day to Day Operations  Market Operations  Sales and Marketing  Financial Management  Legal  Farm Operations  Customer Service  Outreach Programs  Data Collections Objectives Objective for the Business Management Services is as follows: Design, Build and Operate the PATCH Garden Market for 12 months then hand over the business to local community leaders who will carry the business forward. Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 17 of 20 Scope The scope of the of this project is to provide Program Management, Garden Management, Market Management, and Operations Management Services to accomplish the above stated objective. We are pleased to submit the following proposed approach to meet the needs of PATCH. Tasks: Program Management 1.0 Manage Client Status Reporting Process 2.0 Manage Document Management Process 3.0 Manage Client/Vendor Meeting Schedule 4.0 Manage Issues Log 5.0 Manage Risk Mitigation Plan 6.0 Manage Change Request Process Tasks: Market Operations 7.0 Manage Market Management Plan (Tactical and Short Term) 8.0 Manage Community Outreach Plan (Document) 9.0 Manage Customer Service Plan (Document) 10.0 Manage Training Program (Document) 11.0 Provide day-to-day On-the-Job-Training for Market Manager and market staff. Tasks: Garden Operations 12.0 Manage Soil Management Plan (Tactical and Short Term) 13.0 Manage Crop Growing & Rotation Plan (Document) 14.0 Manage Crop Rotation Plan (Document) 15.0 Implement a Pest Management Plan (Document) 16.0 Manage Implement an Infrastructure Maintenance Plan (Document). 17.0 Train Interns and Garden Growers on Plans and Best Practices Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 18 of 20 Government-Furnished Property, Material, Equipment, or Information  The Dania Beach CRA has provided the land for this project (PATCH).  The Dania Beach CRA will provide documentation that will be used as background fodder for the project.  The Dania Beach CRA will provide resources to assist the master grower accomplish the goals and objectives defined in this document.  The Dania Beach CRA will provide any and all information required to assist the contractor in making this effort a success. Security There are no special security requirements identified for this project. Travel There is no out-of-state travel required for this project. In-state expenses will expensed to ENO Consulting and reimbursed to the contractor. Properly supporting documentation is required for reimbursement (e.g. receipts). All travel arrangement must be pre-approved by ENO prior to expense being incurred. Special Material Requirements There are no special materials required for this project. ENO reserves the right to modify this sections should the Master Grower decide special consideration be made to this section. Place of Performance Work will be performed at the PATCH garden and at the place of choice of the Contractor suitable for accomplishing all deliverables. Code of Conduct ENO Consulting Group, LLC holds itself to the highest of standards when interacting with Clients and friends of our Clients. We expect that contractors will hold themselves to the same level standards. By signing this SoW, sub-contractor agrees to conduct him/herself with class and grace with our Client. The following infractions will be grounds for termination of this Statement of Work and may result in forfeiting the payments due to contractor: Prohibited Performance  Missing a deliverable without informing ENO of slippage.  Mistreating Client property.  Stealing Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 19 of 20  Cursing in the presence of the Client.  Drinking alcoholic while conducting work.  Consuming illegal drugs while conducting work.  Sexually harassment of any employee of the Client.  Inappropriate conduct while on client site.  Gossiping about the Client and an employee of the Client is strongly prohibited.  Using strong and/or inappropriate tone with Client or an employee of the Client.  Submitting sub par work to the client. Expected Performance  Deliver on-time  Deliver high quality work product  Deliver with grace  Be sensitive to the time of the Client  Be prompt with meetings  Be the “expert” at all times  Collaborate with ENO colleagues  Be proactive; get ahead of issues before they arise  Under promise and over deliver Addendum – Dania Beach Community Redevelopment Agency Wednesday, October 2, 2013 – 6:00 p.m. Page 20 of 20 Budget (Fixed Price) Estimate The following budget is a fixed price estimate for the above deliverables for this project. Skill Set Estimated Man Hours Hourly Rate Total Program Management 520 75.00 $ 39,000.00 Master Gardner 1,000 45.00 $ 25,000.00 Market Manager 320 25.00 $ 8,000.00 Sales and Marketing 500 25.00 $ 12,500.00 Total Cost $ 84,500 Time Tracking Time sheets will be provided by ENO Consulting and are to be submitted by 10:00 a.m. on Monday morning for work concluded on the previous week. Invoicing Invoices will be paid within 7 days of payment to ENO Consulting from the Client. Expenses Expenses will be submitted and paid to contractor immediately upon approval and payment by the Client to ENO Consulting Group.