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4th Amendment 11/20/2019 CVo CCUgr411 J�<z°",.4 v, Kevin Madok, CPA w'� s Clerk of the Circuit Court& Comptroller—Monroe County, Florida 14.4,,oe coy '- DATE: January 24, 2020 TO: Lynn Gonzalez, Executive Administrator Office of Management&Budget FROM: Pamela G. Hanco. i•/.C. SUBJECT: November 20'BOCC Meeting Attached is an electronic copy of the following item for your handling: G2 4th Amendment to Agreement with Rising Phoenix Holdings Corporation (formerly Adjusters International, Inc.) to add an additional $7,610.00 in actual cost for Hazard Mitigation Grant Program (HMGP) Services through July 2019 bringing the total not to exceed amount to $73,722.50 for HMGP Services. This will be the final amendment to the Agreement to allow for payment of HMGP Services rendered. Should you have any questions, please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT 4 To the AGREEMENT FOR FEMA Public Assistance Consulting Services THIS AMENDMENT is made and entered into this 20th day of November, 2019 by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND Rising Phoenix Holding Corporation (formerly Adjusters International, Inc.), a foreign profit corporation under the State of Florida, whose principal place of business and mailing address is 126 Business Park Drive, Utica, NY 13502 its successors and assigns, hereinafter referred to as "CONTRACTOR" or"CONSULTANT", WITNESSETH: WHEREAS, COUNTY and the CONSULTANT entered into an Agreement for FEMA Public Assistance Consulting Services on November 29, 2017 ("Agreement"), as amended May 16, 2018, September 19, 2018, and April 17, 2019; and WHEREAS, The COUNTY and CONSULTANT entered into Amendment 2 to the Agreement to authorize and task the CONSULTANT to provide professional services relating to both the Hazard Mitigation Grant Program (HMGP) for hazard mitigation opportunities and assistance with recommendations for FEMA Public Assistance Disaster Recovery activities as per Section 406 of the Stafford Act, as well as the HMGP through Section 404 of the Stafford Act; and WHEREAS, the actual costs for the HMGP professional services needs to be adjusted to account for an additional $7,610.00 in actual cost as set forth below; and WHEREAS, the services performed by CONSULTANT concluded July 2019 and it is anticipated that this will be the final amendment to the Agreement and the Agreement will terminate upon payment of these final invoices; NOW,THEREFORE;in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration,the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: 1. The actual costs for HMGP services adds an additional $7,610.00 in actual cost for services rendered through July 2019 as set forth in more detail below: a. Actual Costs for Consultant's Services from January 2018 through May 2018 as set forth below total $37,463.75 b. Actual Cost for the Consultant's Services for the period of June 2018 through July 2019 as set forth below Total $36,258.75 which adds$7,610.00 for services rendered through.July 2019. c. Actual Cost total $73,722.50 Hazard Mitigation Activities—404, HMGP, LMS (Jan 29, 2018 thru May 2018} Hourly Rate Hours* Total Project Officer $ 205.00 182.75 $37,463.75 (June 2018 through July 20191 j Project Officer $ 205.00 106.75 Administrative/ $ 175.00 38.66 $28,648.75 PA Specialist (Adding Actual Cost of$7,610.00 as detailed below) Project Officer $205.00 30.00 $6,150.00 Administrative/ PA Specialist $175.00 8.34 $ 1,460.00 $7,610.00 $36,258.75 TOTAL NOT TO EXCEED BASED ON ACTUAL COST: $73,722.50 *The hours listed may be rounded 2. This Amendment is retroactively approved to allow for invoices to be paid for services rendered from January 2019 to July 2019 in an amount not to exceed $36,258.75 and a total not to exceed of actual cost in the amount of 73,722.50. 3. In all other respects the Agreement between COUNTY and CONSULTANT, dated November 29, 2017, and as amended May 16, 2018, September 19, 2018, and April NI, 2019, not inconsistent with the changes made herein, remains in full force and effect. rn T x N • IN WITNESS WHEREOF, each party has caused this Agreement to be executed y its Ely o authorized representative on the day and year first above written. `-. o c-� ) :J (SEAL) BOARD OF COUNTY COMMISSIONERS' Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: LABy: Deputy Clerk Mayor/Chairm:• CONSULTANT Witnesses/Attest: By: By. %'- Printed Name: (',tli,,i-nvv, ,A-rent • Printed Name: -rrQtri IC- C Sarilli Title: ASSES t!i C.- Pro P ��� j�.% S i�— Printed Name:g ��`� END OF AGREEMENT MONROECO}UONTY ATTORNEEY'S OFFICE cECVo..SSA IFtga/ PATRICIA EABLES ASSISTANT COUNTYATTORNEY DATE: 1 �....,IN ADJUS-1 OP ID:DH ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ih...------ 12/20/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 315-768-8888 CONTACTNAME: Robert Broccoli Gilroy,Kernan&Gilroy,Inc. PHONE FAX y y 315-768-8888 I 315-768-8600 210 Clinton Road (A/c,No,Ext): (A/C,No): P.O.Box 542 E-MAIL New Hartford,NY 13413-0542 ADDRESS: Robert Broccoli INSURERISI AFFORDING COVERAGE NAIC# INSURER A:Cincinnati Insurance Co. 10677 INSURED INSURER B:Federal Insurance Co. 20281 Ad1'usters International Inc. ACE American 22667 AKA Rising Phoenix Holdings INSURER C: Corp. Westchester Fire Insurance Co 10030 126 Business Park Dr. INSURER D Utica,NY 13502 INSURER E: ___ _ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES.OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 1ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LIB jNSD INVD', ,IMMIDD/YYYYI IMMIDD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP5252643 12/09/2017 12/09/2020 DAMAGE TO RENTED 100,000 X X PREMISES(Ea occurrence) S 1 MED EXP(Any one person) $ 5,000 _ PERSONAL S.ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: _GENERAL AGGREGATE $ 2,000,000 X POLICY LOC I PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ • A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Fa accident) $ ANY AUTO X X EBA 0490929 12/09/2019 12/09/2020 BODILY INJURY(Per person) S_ OWNED I SCHEDULED _ AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) S X AUTOS ONLY X NON-OWNEDUUT (PerracddentDAMAGE $ $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 20,000,000 EXCESS LIAB CLAIMS-MADE X X CPP5252643 12/09/2017 12/09/2020 AGGREGATE $ 20,000,000 DED X RETENTIONS 10,000 $ B WORKERS COMPENSATION X AND EMPLOYERS'LIABILITY STATIlTF FOR H ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N (20)7176-83-24 06/06/2019 06/06/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ D E&O • •G27459298 006 06/01/2019 06/01/2020 E&O 5M/5M C Cyber F14612439 001 112/18/2019 12/18/2020 Cyber 10M/10M DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder is included as Additional Insured on a primary/non- contributory basis as required by written contract.Waiver of Subrogation applies.The workers'compensation policy includes coverage in the state of :,)rr'► .),� ,,:y,� ►.:\ EM4T Florida. A►M.MAMA, ;CIE PI !Jl WAIVER N/• 7 CERTIFICATE HOLDER CANCELLATION MONR-07 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe CountyBoard THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West,FL 33040 I 6, t,e,*-t—t. / 'tyz ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD