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3rd Amendment 07/19/2023
Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: July 24, 2023 TO: Rlionda Haag Chief Resilience 01ficer Janet Gunderson Grants Coordinator 11 FROM: Paniela G. Hanc( a+� ).C. SUBJECT: July 19" BOCC Meeting Attaclie(I is an electronic copy of'the I'011o"ring itein for your lianffliiig: N7 3rd Airien(lincrit to Contract with Erin L. Deady PA, in the mount of$14,000.00 to prepare and submit up to four grant applications under the 2023 Resilient Florida grant prograiii on behalf ofthe County. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT NO. 3 TO THE AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ERIN L. DEADY, P.A. FOR VULNERABILITY ASSESSMENT MODELING AND WATERSHED MANAGEMENT PLAN DEVELOPMENT THIS AMENDMENT NO. 3 is and entered into this 19th day of July,2023 to that AGREEMENT dated May 17, 2023, as amended June 21, 2023 under Amendment 1 and July 19, 2023 for Amendment 2, 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 6th Avenue, Delray Beach, FL 33482. WITNESSETH WHEREAS, the COUNTY has engaged the Consultant to provide water management plan and resiliency services for the COUNTY and municipalities; and WHEREAS, the County plans to submit grant applications for the Resilient Florida 2023 grant cycle; and WHEREAS, the CONSULTANT has provided grant preparation services for the COUNTY in previous Resilient Florida Grant cycles; and WHEREAS,the parties desire to amend this contract to authorize the CONSULTANT to prepare and submit grant applications for the Resilient Florida program on behalf of the COUNTY. 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 paragraph 7.2 below. All terms and conditions of the attached grants are incorporated by reference into this CONTRACT 1 ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONSULTANT for the CONSULTANT'S performance of this Amendment No. 3 an amount not to exceed Fourteen Thousand Dollars and Zero Cents ($14,000). The Payment Sum shall not exceed this amount unless amended by formal approval of the Monroe County BOCC. No charges shall be incurred by the County other than products or services that were ordered, provided and agreed upon by the COUNTY. 7.2 PAYMENTS AND DELIVERABLES 7.2.1 For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid according to the deliverables outlined in 7.2.2 and according to the Florida Local Government Prompt Payment Act, Section 218.70,Florida Statutes. Payments will be lump sum or time and materials, as indicated in Exhibit B-1. Partial payments of tasks and deliverables shall be allowed for any item over $5,000. 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 Sustainability Director will review the request, note her approval on the request and forward it to the Clerk for payment. 7.2.2 The CONSULTANT shall prepare four grant applications for the Resilient Florida Program 2023 grant cycle for capital projects. Grant preparation shall include submittal of the projects into information into a draft form for final review by the County prior to entry of that information by the CONSULTANT into the Florida Department of Environmental Protection (DEP) grant portal. Additional application preparation shall be subject to a future task order. This shall include one presentation of the grant information to the Board of County Commissioners. 7.2.3 The deliverables shall consist of up to four grant applications in Word document form, an email receipt of the successfully submitted grant applications submitted before the deadline, and one presentation to the Board of County Commissioners. All other provisions of the AGREEMENT dated the 17th day of May, 2023 and amended June 1, 2023 (Amendment No. 1) and July 19, 2023 (Amendment No. 2) not inconsistent herewith, shall remain in full force and effect. REMAINDER OF PAGE PURPOSELY LEFT BLANK 2 -,fl ) NFSS WHEREOF, the parties hereto have caused these presents to be executed on the I- of July 2023. BOARD OF COUNTY COMMISSIONERS (evin Madok,CLERK OE COUNTY,FLORIDA By By: As Deputy Clerk Mayor Pro Tern (CORPORATE SEAL) ERIN L. DEADY PA ATTEST: By CAj S-1 64('�4f� Approved as to fonn and legal sufficiency: Monroe County Attorney's Office 6-28-2023 CD --,o 3 IIIRl ryry FI�Iioirida IL�hM°"n'EIR FIR ... A®P�,�#IL ILq 69111LlTV IIINSUIFN ..... EATHD 7'�NI•IF.....MIDA• . °°°° 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: Erin L. Deady, P.A. 620 W. Bloxham Street Lake Worth, FL 33462 COVERED LAWYERS: Erin L. Deady Retroactive date: 09/20/2011 POLICY NUMBER: 103377 1r6a T A POLICY TERM: 09/20/2022 to 09/20/2023DAT 5 2 . 2 3 ,.F „ ,,._ TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY LIMITS OF LIABILITY: $2,000,000 Per Claim/$2,000,000 Total Limit 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 BOCC—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. May 2, 2023 AUTHOR SIGNATURE DATE OF ISSUE CERTIFICATE OF LIABILITY INSURANCE DATD/YYYY) 05/16/2016/2023 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:Progressive Commercial Lines Customer and A ent Servicing Magen Insurance Inc PHONE FAX 2255 GLADES RD#324A,BOCA RATON,FL 33431 A/C No Ext:1-800-444-4487 A/C No): E-MAIL ro ressivecommercial email. ro ressive.com ADDRESS:P 9 @ P 9 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Progressive Express Insurance Company 10193 INSURED INSURER B: ERIN L.DEADY 54 1/2 SE 6 AVE INSURER C: DELRAY BEACH,FL 33483 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 317249596861319004DO51623Tl7l7O9 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR PREMI6ESOEa occurDrence MED EXP(Any one person) PERSONAL&ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE PRO- PRODUCTS-COMP/OP AGG POLICY JECT LOC OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $1 000 000 �( ANY AUTO BODILY INJURY Perperson) A OWNED SCHEDULED AUTOS ONLY X AUTOS Y N 02115798 05/08/2023 05/08/2024 BODILY INJURY(Per accident) HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LAB OCCUR j± k ff EACH OCCURRENCE $ EXCESS LABCLAIMS-MADE AGGREGATE $ DED RETENTION$ ,. --,- � WORKERS COMPENSATION 1 G 2 3 H- AND EMPLOYERS'LIABILITY YIN ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ DAT OFFICER/MEMBEREXCLUDED? N ." _ E.L.EACH ACCIDENT $ . AMM (Mandatory in NH) W K '''—' E.L.DISEASE-EA EMPLOYE If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MONROE COUNTY BOCC ACCORDANCE WITH THE POLICY PROVISIONS. PO BOX 100085 DULUTH,GA 30096 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ACC>R EP ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Magen Insurance Inc ERIN L.DEADY POLICY NUMBER 54 1/2 SE 6 AVE DELRAY BEACH,FL 33483 02115798 CARRIER NAIC CODE Progressive Express Insurance Company 10193 EFFECTIVE DATE:05/08/2023 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance Additional Coverages Insurance coverage(s) Limits .5......................................................................................................................................................................................................... Personal Injury Protection $10,000 w/$0 Ded-Named Insured Only ... .. .. . .. .. . . ... ..... .. . ....................................................................... .. .. .. . . .. . . . . . ............................................................................................. Broad Form Matching Limits All Coverages Description of Location/Vehicles/Special Items Scheduled autos only ............................................................................................................................................................................................................ 2012 PORSCHE CAYENNE HYBRID WP1AE2A20CLA91242 Collision $500 Ded Comprehensive $500 Ded Rental Reimbursement $40 Per Day($1,200 Max) Roadside Assistance Selected w/$0 Ded Liability coverage may not apply to all scheduled vehicles. Additional Information Monroe County BOCC is listed as an Additional Insured on this commercial auto policy. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD FAE(MM/DD/YYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE /16/2023 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. PHONE $$$ 202-3007 FAX 520 Madison Avenue A/C No Ext: ( ) A/c NO): 32nd Floor ADDRESS: contact@hISCOX.COm New York, New York 10022 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Hiscox Insurance Company Inc 10200 INSURED INSURER B ERIN L DEADY P.A. INSURER C7 54 1/2 SE 6TH AVE DELRAY BEACH, FL 33483 INSURER D7 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 ADDL SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MMIDD YYY MMIDD YYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 DA CLAIMS-MADE � OCCUR PREM SESOEa occurrDence $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y P100.356.695.6 06/29/2023 06/29/2024 PERSONAL&ADV INJURY $ 0 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 X POLICY JE� LOC PRODUCTS-COMP/OP AGG $ S/T Gen.Agg. OTHER: $ AUTOMOBILE LIABILITY ., �„ COMBINEDSINGLELIMIT $ i Irk Ea accident ANY AUTO ', BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS ...,. -_ $ NON-OWNED 2 3 PROPERTY DAMAGE HIREDAUTOS AUTOS Per accident �. 5 . 16 . _ ��, � � -, _- $ UMBRELLA LAB OCCUR WANN t > - """ EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 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 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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(2016/03) The ACORD name and logo are registered marks of ACORD