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4th Amendment 06/15/2022GV�S COURTq c Kevin Madok, CPA - �o ........� � Clerk of the Circuit Court &Comptroller Monroe County, Florida �z cooN DATE: June 28, 2022 TO: Rhonda Haag Chief Resilience Officer FROM: Liz Yongue, Deputy Clerk SUBJECT: June 15th BOCC Meeting Attached is a copy of the following item, which has been accepted into the record: 012 4th Amendment to a Contract with Erin L. Deady P.A., in the amotmt of $30,125.00, to provide an updated Vulnerability Assessment to support the Countds Resilient Florida Grant applications for 2022; and retroactively extending the contract from May 30, 2022 to December 31, 2022. Should you have any questions please feel free to contact me at (305) 292-3550. cc: Cotmty Attorney_ Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT NO. 4 TO THE CONTRACT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY P.A. TO UPDATE THE EXISTING VULNERABILITY MODELING THIS AMENDMENT NO. 4 is made and entered into this 15'h day of June 2022 to that AGREEMENT dated the September 16, 2020, as amended July 21, 2021, December 8, 2021, and February 16, 2022 by MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040 and Erin L. Deady, P.A. ("CONSULTANT"), whose address is 54 1/z SE 61h Avenue, Delray Beach, FL 33483. WITNESSETH WHEREAS, Consultant previously developed a vulnerability assessment for the COUNTY using the NOAA Intermediate High sea level curve as required under the County's Comprehensive Plan and provided grant application assistance; and WHEREAS, the COUNTY is in need of an updated vulnerability assessment to support the COUNTY'S Resilient Florida grant applications for 2022; and WHEREAS, the Consultant agrees to update the vulnerability assessment with recent modeling and project information to support Resilient Florida grant applications for 2022 as required by the Department of Environmental Protection; and WHEREAS, the Consultant is updating the County's GreenKeys Plan and requires additional time to perform the extensive work; and WHEREAS, the Consultant agrees to provide such services to the COUNTY according to the terms and subject to the conditions set forth herein; and NOW, THEREFORE, for and in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the COUNTY and CONSULTANT do hereby agree as follows: Section 1. SCOPE OF SERVICES CONSULTANT shall perform and carry out in a professional and proper manner certain duties as described in the Revised Scope of Services Exhibit A-4 which is attached hereto and made a part of this agreement. CONSULTANT warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these Agreement documents. The CONSULTANT shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Section 3. TERM OF AGREEMENT 3.1 Except as noted below, this Amendment No 4 shall be retroactive to May 30, 2022 and will provide a 215 day time extension to conclude with delivery of the deliverables outlined in Exhibit B-4 of this Amendment, which shall not be later than December 31, 2022. Section 4. PAYMENT TO CONSULTANT 4.1 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT'S performance of this Amendment a lump sum amount of Thirty Thousand One Hundred Twenty -Five Dollars ($30,125.00). 4.2 Payment will be made according to the Revised Deliverable Schedule attached as Exhibit B-4, and according to the Florida Local Government Prompt Payment Act, Section 218.70, Florida Statutes. Partial tasks maybe invoiced and approved by the County. The Provider shall submit to the County an invoice with supporting documentation in a form acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. The Project Manager will review the request, note his or her approval on the request and forward it to the Clerk for payment. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the 15th day of June 2022. (CORPORATE SEAL) ATTEST: Approved as to form and legal sufficiency: Monroe County Attorney's Office 5-26-2022 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: -eoy� Mayo avid Rice By: Erin L. Deady; Title: President = r— 2 55 EXHIBIT A-4- SCOPE OF SERVICES 4.1 Purpose Based on Section 380.093, F.S., this scope of services is to complete additional work relative to the Monroe County Vulnerability Assessment that was completed earlier in 2021 and submitted to the State of Florida Department of Environmental Protection. That Vulnerability Assessment compiled data and modeling that serves as an update for the County's Green Keys Plan. Vulnerability assessments must now meet certain new statutory criteria pursuant to Section 380.093(3), F.S., and grant application submittals for the Resilient Florida grant program for capital projects must be identified in the updated vulnerability assessment. The ranking criteria for projects also include additional points for projects that clearly show a relationship to a vulnerability assessment and are a high priority due to the vulnerability risk they address. The County will begin extensively updating its existing Vulnerability Assessment in 2022, to be funded by a recently awarded Resilient Florida planning grant, to meet the new statutory criteria. However because the grant document has not yet been received, that update work will not be completed by the time the County's capital project grant applications are due this year (September 1, 2022). In the interim, until that work is done, the County will update its 2021 Vulnerability Assessment to include needed information about the capital projects that the County will submit for the Resilient Florida grant program. This will result in higher rankings for the County's projects because they will clearly link back to the County's existing Vulnerability Assessment. The County completed a similar strategy in 2021 to support the capital projects submitted last year. 4.2. Vulnerability Assessment statutory requirements Section 380.093(3), F.S.: The following components are required for a vulnerability assessment and will be provided by the CONSULTANT: GIS data illustrating flooding and sea level rise impacts to unincorporated Monroe County. a. Coordinate System: FL State Plane EAST b. Metadata Standard i. GIS Location Data Standard I STD-09061811.1.1 (Rev July 2014) ii. Physical Data Modeling Standard I STD-09061805.2.0 iii. Database Object Coding Standard I STD-14121501.2.0 c. Required modeling i. Tidal flooding ii. Sea level rise 1. NOAA 2017 a. NOAA Intermediate Low i. 2040 ii. 2070 b. NOAA Intermediate High i. 2040 ii. 2070 iii. Future storm surge (publicly available NOAA/FEMA data) 1. Equal or exceed 100-year flood event iv. Sea level rise, storm surge and rainfall induced flooding (combinations of) 2. Report detailing findings and vulnerability observations. a. List of critical assets, including those regionally impacted by flooding and sea level rise The following includes the approach to be used by the Consultant for creating an Annex or Appendix to the 2021 Vulnerability Assessment to support up to 15 grant application project submittals for capital projects in the Resilient Florida program by September 1, 2022: Previously Obtained Data Contained within the 2021 Vulnerability Assessment The following was obtained via previous DEP grant derived works. *Portions of previous work to date may exceed requirements and contribute to higher ranking but were left off this listing due to their absence in the Section 380.093(3), F.S. summary above. 1. GIS data illustrating flooding and sea level rise impacts 2. Required Modeling a. Sea level rise i. NOAA Intermediate High sea level rise curve 1. 2040 2. 2070 3. 2100 (exceeds standard) b. Future storm surge i. NOAA Intermediate High 2100 + 100-yr surge (based on compact's 2015 proj ects) 3. Report detailing findings/vulnerability observations. Summary Table Comparing Statutory requirements either already addressed or contained within this scope of services: Item Addressed X Notes Metadata Standard See tasks below. High Tide Flooding See tasks below. NOAA 2017 Intermediate Low — 2040 See tasks below. NOAA 2017 Intermediate Low — 2070 See tasks below. .19 NOAA 2017 Intermediate High — 2040 See tasks below. NOAA 2017 Intermediate High — 2070 See tasks below. Future Storm Surge (equal or exceeding X 100- r flood event) See tasks below. Preliminary rainfall study See tasks below. Combinations of Sea Level Rise, storm Not achievable by September I surge and rainfall Report with findings and list of critical X Critical assets identified, but assets vulnerability assessment presently does NOT include intermediate low. The revised assessment will include it. This scope of work will include a narrative Annex or Appendix to the 2021 Vulnerability Assessment including the rationale on how requirements are met or couldn't be met within the period of time to submit project applications to DEP. It should be noted that this work only includes that which can foreseeably be completed within the timeframe for project submittals and that further work is contemplated at a later date subsequent to September 1, 2022. This will not achieve 100% compliance with the new vulnerability assessment statutory criteria for the County's grant submittals due to the time constraints with submitting projects for this year, but it will bring the County into compliance with more of the requirements. 4.3 Proiect Tasks & Deliverables Task 1 A. Title: Provide Strategy for project submittals, vulnerability assessment update. B. Goal: Document numerous approaches to achieve compliance with new vulnerability assessment requirements in Section 380.093, Florida Statutes. C. Description: This will include a memo on comparing the existing County vulnerability efforts with that required in Section 380.093, Florida Statutes. D. Deliverables: 1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law and recommendations for strategy for County grant submittals. Task 2 A. Title: Updated Vulnerability Assessment B. Goal: Update the County's Vulnerability Assessment C. Description: This will include the following elements related to data, analysis, modeling, mapping, and preparing metadata as required by the state for those elements that can be conducted prior to September 1, 2022 to support grant applications. 1. Additional data considerations 2. Sea Level Rise + Model Impact Projection Data Processing a. NOAA Intermediate High i. 2040 ii. 2070 b. NOAA Intermediate Low i. 2040 ii. 2070 c. Preliminary rainfall d. 100-year storm surge + NOAA Intermediate High e. High tide + NOAA Intermediate High 3. Report & Map Output a. List of critical facilities (grant project areas) for model scenarios. b. Rationale and justifications for statutory criteria met or scope 4. Preparing minimum required metadata based on GIS standards + map series D. Deliverable(s): 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards Task 3 A. Title: Update of Green Keys Work Plan B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive Summary -styled supporting narrative. C. Description: This work is to support an update the Green Keys Work Plan to indicate the projects completed, add in potential new projects, and move the remaining unfinished projects from years 1-5 to years 6-10. This Green Keys Update will include a summary supporting narrative. D. Deliverables: 1) Updated Green Keys Work Plan 2) Supporting summary narrative m EXHIBIT B-4 DELIVERABLE AND PAYMENT SCHEDULE 4.3 Project Tasks & Deliverables A. Title: Provide Strategy for project submittals, vulnerability assessment update. B. Goal: Document numerous approaches to achieve compliance with new vulnerability assessment requirements in Section 380.093, Florida Statutes. C. Description: This will include a memo on comparing the existing County vulnerability efforts with that required in Section 380.093, Florida Statutes. D. Deliverables: 1) Memorandum Outlining Existing Data and Vulnerability Assessments with state law. E. Due Date: September 1, 2022 unless deadline extended by the State. Payment: $6,000 A. Title: Updated Vulnerability Assessment B. Goal: Update the County's Vulnerability Assessment C. Description: This will include the following elements related to data, analysis, modeling, mapping, and preparing metadata as required by the state for those elements that can be conducted prior to September 1, 2021 to support grant applications. 1) Additional data considerations Payment: $1,125 2) Model Data Processing 3) Sea Level Rise + Model Impact Projection Data Processing a. NOAA Intermediate High i. 2040 ii. 2070 b. NOAA Intermediate Low i. 2040 ii. 2070 c. Preliminary rainfall d. 100-year storm surge + NOAA Intermediate High 7 e. High tide + NOAA Intermediate High Payment: $5,000 4) Report & Map Output a. Modeling results narrative b. List and narrative relative to up to 15 project submittals c. Rationale and justifications for statutory criteria met or scope Payment: $15,000 5) Preparing minimum required metadata based on GIS standards Payment: $3,000 D. Deliverable(s): 1) Updated Vulnerability Assessment Narrative and Map Series 2) Metadata to meet state standards E. Deadline: September 1, 2022 A. Title: Update of Green Keys Work Plan B. Goal: This Task updates and brings current the Green Keys Work Plan with an Executive Summary -styled supporting narrative. C. Description: This work is to support an update the Green Keys Work Plan to indicate the projects completed, add in potential new projects, and move the remaining unfinished projects over the timeline to years 6-10. This Green Keys Update will include a summary supporting narrative. D. Deliverables: 1) Updated Green Keys Work Plan 2) Supporting summary narrative E. Revised Deadline: December 31, 2022 Payment: $5,200 (no budget change) Total fee: $30,125 ACCORD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 07/02/2021 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 CONTACT NAME: Hiscox Inc. A/CONNo, Ext : (888) 202-3007 FAX No): 520 Madison Avenue SS: contact@hISCOX.COm 32nd Floor -ADDRESS: New York, NY 10022 INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B ERIN L DEADY P.A. 54 1/2 SE 6TH AVE INSURERC: INSURERD: DELRAY BEACH, FL 33483 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 LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE � OCCUR DA PREM SESOEa occurrDence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 0 A Y Y UDC-2298363-CGL-21 06/29/2021 06/29/2022 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICYEl jE LOC X PRODUCTS - COMP/OP AGG $ S/T Gen. Agg $ OTHER: AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY $ �� * ,,.. UMBRELLALIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LAB CLAIMS -MADE ,_. ---" "�"""�� DED RETENTION $ $ �.'. 6 l,.Q, "..... ��,�,-, "^"" "°""'"`"""" WMWIA-X"* �� WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y❑ PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? N/A E.L. DISEASE - EA EMPLOYEE $ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached if more space is required) CERTIFICATE HOLDER CANCELLATION Monroe County BOCC PO Box 100085 - FX AUTHORIZED REPRESENTATIVE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Duluth GA 30096 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ! @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 111 iir INSURANCEMutual COMPANY CERTIFICATE OF INSURANCE This Certificate does not amend, extend or alter the coverage afforded by the policy. This is to certify that the policy of insurance shown below has been issued and is in force at this time. NAMED INSURED AND ADDRESS: TYPE OF INSURANCE POLICY NUMBER: POLICYTERM: RETROACTIVE DATE: LIABILITY LIMITS: DEDUCTIBLE: Erin L. Deady, P.A. 620 W. Bloxham Street Lake Worth, FL 33462 LAWYERS PROFESSIONAL LIABILITY 99783 09/20/2021to 09/20/2022 Erin L. Deady — 09/20/2011 $2,000,000 Per Claim/$2,000,000 Total Limit $5,000 y CANCELLATION: Should the above -described policy be canceled before the expiration date thereof, the issuing Company will endeavor to mail 30 days written notice to the below named Certificate Holder, but failure to mail such notice shall impose NO obligation or liability of any kind upon the Company, its agents or representatives. NAME AND ADDRESS OF CERTIFICATE HOLDER: Monroe County Board Of County Commissioners Insurance Compliance P.O. Box 100085 Duluth, GA 30096 This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. February 11, 2021 :�' T�" DATE OF ISSUE MAGEN INSURANCE INC 2255 GLADES RD #324A BOCA RATON, FL 33431 1-561-221-6710 Certificate of Insurance Certificate Holder Additional Insured MONROE COUNTY PO BOX 100085 DULUTH, GA 30096 Insured .................................. ERIN L. DEADY 54 1/2 SE 6 AVE DELRAY BEACH, FL 33483 PROGRFfWYF' COMMERC/AL Policy number: 02115798 Underwritten by: Progressive Express Ins Company NAIC Number: 10193 May 20, 2022 Page 1 of 1 DATE— WAW Agent ................................. MAGEN INSURANCE INC 2255 GLADES RD #324A BOCA RATON, FL 33431 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Liability coverage may not apply to all scheduled vehicles. ............................................................................................................................................................................. Policy Effective Date: May 8, 2022 Insurance coverage(s) ................................................... Bodily Injury/Property Damage ................................................... Any Auto Bodily Injury/Property Damage ................................................... Personal Injury Protection ................................................... Broad Form Description of Location/Vehicles/Special Items Policy Expiration Date: May 8, 2023 Limits ...................................................... $1,000,000 Combined Single Limit ...................................................... $1,000,000 Combined Single Limit ...................................................... $10,000 w/$0 Ded - Named Insured Only ...................................................... Matching Limits All Coverages Scheduled autos only ................................................................................................................................................................... 2012 PORSCHE CAYENNE HYBRID WP1AE2A20CLA91242 Comprehensive $500 Ded Collision $500 Ded Rental Reimbursement $40 Per Day ($1,200 Max) Roadside Assistance Selected w/$0 Ded Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. Form 5241 (05/16) � a 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: 11/24/2021 PERSON: ERIN L DEADY FEIN: 453108752 BUSINESS NAME AND ADDRESS: ERIN L, DEADY, P.A. 701 NORTHPOINT PARKWAY, SUITE 2, 05 WEST PALM BEACH, FL 33407 SCOPE OF BUSINESS OR TRADE: Attorney -All Employees & Clerical, Messengers, Drivers EXPIRATION DATE: 11/24/2023 EMAIL: ERIN@DEADYLAW.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 E01413397 QUESTIONS? (850) 413-1609