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Item Q02 Q2 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting March 25, 2025 Agenda Item Number: Q2 2023-3721 BULK ITEM: Yes DEPARTMENT: County Attorney TIME APPROXIMATE: STAFF CONTACT: Anjelica Harden-Ivanoski N/A AGENDA ITEM WORDING: Approval of Third Amendment to Agreement for Provision of Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside counsel for workers' compensation cases), to amend the contract to reflect the proposed increase in rates. ITEM BACKGROUND: On February 20, 2013, the County entered into an agreement for legal services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. to serve as outside counsel for workers' compensation cases. This amendment is needed to reflect the increased of rate(s). PREVIOUS RELEVANT BOCC ACTION: Approval of 2013 agreement; 2018 First Amendment (adding the name of a different timekeeper); and 2021 Second Amendment for additional of timekeeper and addition of language saying that the County Attorney can approve future timekeeper changes. Under the amendment,partners will now bill at $165/hour, associates at $155/hour, and paralegals at $115/hour. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Changes to attorney fee rate(s). STAFF RECOMMENDATION: Approval. DOCUMENTATION: Rissman Agreement 2013.pdf Rissman 1 st Amendment 2018.pdf 2nd Amendment 06 16 21.pdf THIRD Amendment to Agreement_ (002).pdf 3645 2025 01 COI Rissman Barret PL exp 10.16.25 signed.pdf FINANCIAL IMPACT: 3646 AGREEMENT BETWEEN MONROE COUNTY BOARD OF COUNTY C'ONIMISSIONERS, AND RISSMAN, BARRE,rr, HURT, DONAHUE & MCLAIN, P'.A., FOR THE PROVISION OF LEGAL, SERVICES THIS AGREED ENTis entered into this4'__day of 2013, by,and between the Monroe County Board of County Comi-nissioners("County")and ssman, Barrett, Hurt, Donahue & McLain, VA. ("Attorney"). WHEREAS, the County wishes to enter into this agreement with the Attorney so that the Attorney will act as private legal counsel to the County;, NOW THEREFORE, IN CONS IDF',R.ATION OftlIC I'llUtual promises contained herein, the parties agree as follows: I The Client is the County, and to the extent ethically permissible, its elected and appointed officers and its employees, unless County advises Attorney otherwise, 'in the event that the Attorney cannot ethically represented individuals, in addition to (11 ounty, Attorney shall so advise the County ofthat fact ininiccliately. 1 At t.01,i,J1pA,: Attorney is the person or finn named above. The Attorney may not delegate Or OUtSOUrce this work With0LIt tile prior written consent of the County. 1 Ter u: This Agreenient is effective upon execution 1)y the parties. The representation shall continue until terminated either by the Attorney or by The C the County, 011111y"S performance and obligation to pay under this agreement is contingent upon annual appropriations by the Monroe County Board of County-COTrinlissioners. 4, Scol of Work: Attorney shall provide legal services and advice to the County regarding workers' conipensation clams, investigation, research and litigation as assigned to the Attorney by County. Attorney will be assigned new claims by the Sr. Administrator of the Benefits Department of the County frorntime to time, AL Professional abilit perform wo,rk Attorney warrants that he or she is atithorized by law to render services for the scope of work set forth in this paragraph. The Attorney further warrants that all of the approved timekeepers listed below are authorized by the RLIleS ofthe Florida Bar to engage in delivery of legal services described herein. IfAttorneylsarnernberofa law firill, as partner, shareholder, associate or other relationship, Attorney warrants that he or she is authorized to enter into this agreement by Attorney's firm, b. The Attomey is responsible for managing tile matter cost-effectively and competently, e.g., by ensuring that the authorized tirnekeepers are competent, properly supervised, efficient, and "In compliance with the terms of this Agreement as well as ethical obligations. 5, HoUrly rates and tjmekeejj�fs.-,. [fourly rates for attorneys and additional tiaickeepers, will be set as follows: 3647 Attorneys Billing Rate Theodore N. Goldstein $135 Richard B. Robbins $135 Robert A. Dona)ILIL' $135 Paralegals, Billin Rate Toni hill $75 Peggy Swicbel $75 Kara Graham $75 6, 52cq�njl Conditions Regardin&Rp q .Lqsentation: a. Attorney has been retained by County to provide the scope of services described in Section 4 above. Attorney represents that lie or she is competent and available to handle that matter. In the event that additional matters are assigned by County to Attonicy, this agreernent shall apply to these matters as well, unless as separate Agreenient is required by the County. b. Review of ethical obligations before initiating representation: Attorneybas conducted a thorough investigation and detcrillinled that neither Attorney nor his or her Firm has any ethical inipediment, real or potential, to representing County, If any ethical inipedinient, real, or potential, is discovered or ever arises, Attorney shall immediately inform County iris writing,of the impediment (regardless of whether Attorney believes lie or she has taken all steps necessary to avoid the impediment and regardless of whether Attorney believes that the impedirnent is, insubstantial or questionable), inake full disclosure of the situation to County, obtain Caunty's express, written consent to continue the representation of the other client, and take all steps requested by County to avoid or mitigate the impediment. Attomey understands that if direct or indirect conflict of interest arises which, in the opinion of the County, cannot be avoided or rilitigated under the Rules of Professional Conduct of The Florida Bar, County rilay, in its discretion, (a) obtain rLimbursementfrom Attorney for ail fees, and expenses paid to Attorney in this matter; (b)obtain cancellation of all amounts allegedly o,wved by County to Attorney; an(] (c), obtain reirriburseri'lent to]- consequential expenses incurred by County, including the:cost of replacement Counsel. 2 3648 7. Payment: Payment will be made upon receipt of a proper invoice with docurnentation of services rendcred, pursuant to the Florida Local Government Prompt Payment Act. a. Fees: Attorney shall provide a general description ofthe matter; clearly identify each person performing services, record the time expended by cacti person separately; state the amount of time expended by each person daily(and, within each day, broken, down by task where more than one project or task was worked upon within the same day); describe within each itemized daily task entry, in sufficient detall to readily allow the County to determine the necessity for and reasonableness of the time expcnided, the services perfornied, the project or task each service relates to, the subject and purpose ofeach service, and the narnes of otbcrs who were present Or COMMUnicated with in the course of performing the service. Billing shall Occur in increnients of 0,1 hours. b. Travel expenses will be reimbursed in accordance with the applicable provisions for "approved travelers"of the Monroe County Code, and will be summarized oil the Monroe County Travel Forni with all applicable receipts attached thereto. Fravel shall be billed from the firm's office closest to the hearing or deposition. C. ReirribUrsable cxpenscs-. Court filing fees and costs, witness, fees (including experts and consultants), and court reporter fees. d. Non-reimbursable expenscs° All other costs will be non-reirnburseable, including but not limited to postage, photocopying, facsimile, telephone charges, courier charges, coniputerized research, facsimile charges. 8. Teri-nin,ation: The agreement c an be terminated by either party with or WithO Lit cause with 90 (lays prior written notice. 9, Records- Attorriey, shall maintain all books, records, and documents directly pertinent to performance tinder this Agreement, for as period of three (3) years after termination of representation, County' shall have access to such books, records and documents for the purpose of"inspection or audit during normal business hours, at the County's cost, upon five (5) days' written notice. Attorney shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk ofCourt for Monroe County, the County, or their agents and representatives, 10, Modification: Additions to, modifications to or deletions from the provisions set forth in this agreement shall be effective only in writing and approved by County. I I hideninif-i cat ion and field Hann lc The Attorney agrees to indemnify and hold N/Ionroe County harniless for any and all claims, liability, losses and causes of action which may arise out ofits full-Illnient ofthe Agrcenieiit. Attorney agrees to pay all clainis and losses, including 3649 related Court costs and reasonable attorneys' fees, and shall defend all suits filed due to the negligent acts, errors or omissions ofthe Attorney employees and/or agents. 12. Insurance. Throughout the terni of this engagement, Attorney shall maintain Professional Liability Insurance in the mininium, amount of$1 0 mi Ilion per occurrence. Prior to tile effective date of this Agreement Attorney shall provide to the County certificates of insurance. 11 Taxes: Monroe County is exempt from federal excise and state sales and use taxes, 14. Indc,endent Contractor: It is the intent of the parties hereto that the Attorney shall be legally considered as an independent contractor and that neither it nor its employees or agents shall, under any circurnstance,be considered servants or agents of the County and County shall at no time be legally responsible for any negligence oil the part of said successful responder, its employees or agents, resulting in either bodily or personal injury or property damage to any individual, limn, or corporation. 15. Disclosure: The Attorney shall be required to list any or all potential conflicts of interest, as defined by Florida Statute 112 and Monroe County Ethics Ordinance. The Attorney shall disclose all actual or propose(] conflicts of interest, financial or otherwise, direct or indirect, il-iVolVing any client's interest which may conflict with the interests of the County. 16. Assiennient. tile Attorney shall not assign, transfer, convey, Sublet or otherwise dispose of this agreement, or ofany or all of its right, title or interest therein, or his or its power to executi; such contract to any person, company or corporation without prior written consent ofthe County, 17. Force Maieure: Tile Attorney shall not be liable for delay in perforl-nance or failure to perfonn, in whole or in part, the services due to tile occurrence of any contingency beyond its control or the control of any of its subcontractors or suppliers,, including labor dispute, strike, labor shortage, war or act of war whether an actual declaration thereof if made or not, insurrection, sabotage, riot or civil commotion, act of7public enemy, epidemic,,quarantine restriction, accident, fire, explosion, storm, flood, drought, or other act of God, act of any governmental authority,jurisdictional action,, or insufficient supply of fuel, electricity, or materials or supplies, or technical failure where: the Attorney has exercised reasonable care in the prevention thereof, and any such delay or failure shall not constitute a breach of this agreement. 18, Govci-ninl-aw/Venue: This agreement shall be governed and, construed by and inn accordance with the laws ofthe State of Florida and constitutes time entire agreement between the County and Attorney. Venlic of any court action filed, relative to this agreement shall lie in Monroe COULIty, Florida. R ,Antisolicitation: The Attorney warrants that no person has been employed or retained to solicit or secure this contract upon ail agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member ofthe Monroe County goven-unent or the County has ariy 'interest, financially or otherwise in, the Attorney or its subcontractors, 4 3650 20 everab ity: If any provision of the agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this agreement, or the application of such provision other than those as tug ,which it is invalid or unenforceable, shall not be affected thereby; and each provision ofthe agreement shall be valid and enforceable to the fullest extent permitted by law. 2,1. Notice: Any notice required or pennitted under this agreernent shall be in w6ting and hand-delivered or mailed, postage prepaid by certified mail, return receipt requested, to the other party as follows: For Monroe County: For Attomey: Theodore N. Goldstein, Esquire Monroe County Attorney's Office Rissman, Barrett, Hurt, Donahue& McLain, P.A. I 111 12"' St., Suite 408 post Office Box 49401 Key West, FL 33040 Orlando, FL 32802-4940 ----------------- 22. Ethics (,',Iause: The Attorney warrants that it has not employed, retained or otherwise had act on its behalf; any former Monroe County officer or employee in violation of Section 2 or. Ordinance No, 10-1990 or any County officer or employee in violation of Section 3 ofOrdinance No, 10-1 99' 0. For breach or violation ofthe provision, the County may, at its discretion terminate this, at reeineiit without liability and may also, at its discretion, deduct from the agreement or purchase price, or otherwise recover, the full amount of any fee, cominission, percentage, gift, or consideration paid to the former or present County officer or employee. 23. PuUlic FEntity Crime Statement: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit at.response on a contract to provide any goods or services to a public entity, may not submit a response/bid on a contract with as public entity for the construction or repair of a public building or public work, may not submit responses/bids on leases of real, property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, Florida Statutes,, for CATEGORY TWO for a period of 36 months from the date of being,placed on the convicted vendor lint.. 24, Gqqeral Rqqllirerrients: a) Ownership of Attorney files and work product: Attorney understands that all files and work product prepared by Attorney or his or her firm at the expense of County (or for which County is otherwise billed) are the property of County. Without County's prior written approval, this work prodUet may not be used by Attorney or his or her finn nor disclosed by Atiorricy or his or her firm to others, except in the normal Course ofAttorney's representation of County in this matter. Attorney agrees that County owns all rights, including copyrights, to materials prepared by County or by Attorney on behalf of County, Attorney shall notify County in writing at least 60 days in advance of destroying any such records and, in the event that County requests that they be preserved, shall preserve then'i at Icast one additional year (with County responsible 3651 for paying the actual cost of storage). Attorney shall provide County with prompt access to (including the ability to make copies of) all attorney files and work product, regardless: of whether the representation or matter is ongoing and whether attorney fees and expenses have been paid in full. b) Dispute resolution: Attorney and County agree that all disputes regarding Attorney's fees or expenses are to be resolved pursuant to the procedures and practices for mediation by time Attorney Consumer Assistance Program of the Florida Bar. c) Entire Agreement. The entire agrcoiient between the County and Attorney with respect to the subject matter hereof is contained in this Agreement. This Agreement supersedes all prior oral and written proposals and communications between the County and Attorney related to this Agreement. No provision of this Agreement shall be deenred waived, amended or modified by either party unless such waiver, amendment or rnodificatioii is in writing and signed by the party against whorn the: waiver, amendment or edification is clairried. This Agreement shall be binding upon arid inure to the benefit of the parties hereto, their permitted successors and assigns. d) Caption fhe captions set forth herein are for convenience of reference only and shall not define, modify, or limit any of the terms hereof, e) Conflicts in interpretation. The County and Attorney agree that, in the event of conflicting interpretations of' the terms or a term of this Agreement by or between there, the final interpretation by the County shall apply. 1) AdJudication of Disputes arid Disagreements. The County arid Attorney agree that all disputes and disagreements between them sliall be attempted to be resolved by a meet and confer session between representatives of the County and Attorney. If the issue or issues are still not resolved to the: satisfaction of both within 30 days, after the meet and confer session, then either shall have the right to seek Such relief as may be provided by this Agreement or by Florida law. g) Cooperation. In the event any administrative or legal proceeding is, instituted against either the County or Attorney relating to the formation, execution, performance, or breach of this Agreement, the County and Attorney each agree to participate, to the extent required by the other, in all proceedings, hearings, processes, rneetings, and other activities related to the substance of this Agreement. The County and Attorney each agree that neither shall be required to enter into any arbitration proceedings related to this Agreement or any Attachment or Addcndurn to this Agreement. h) Legal Obligations and Responsibilities; Non-delegation of Constitutional or Statutory Duties. This Agreement is not intended to relieve, nor shaalll it be construed as relieving, either the County or Attorney from any obligation or responsibility imposed upon each by law except to the extent of actual and timely performance thereof' by the other, in which case time performance iriay be offered in satisfaction of the obligation or responsibility, Further this Agreement is not intended to authorize, nor shall it be construed as authorizing, (lie delegation of tile CODStitU(1011al or statutory duties of the County, except to the extent permitted by the Florida Constitution, state statutes, case law, and, specifically, the provisions of Chapter 125, Florida, Statutes. 6 3652 i) Attorney's Fees and Costs. In the event any administrative proceeding or cause ofaction is initiated or defended by the County or Attorney relative to the enforcement or interpretation of this Agreement, tile prevailing part), shall be entitled to an award of reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include reasonable attorney's fees, court costs, investigative, and Out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreenient or as may be required by a court of competent Jurisdiction shall be conducted in accordance with the Florida Rules of Civil procedure and usual and customary procedures required by the circuit court of Monroe Courity, Non-Discrimination. Attorney shall not discrimin,ate, in its employment practices and in providing services, hereunder, on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression familial status, or age, and shall abide by all federal and state laws regarding rion-discrimination. Upon a determination by as court of competentjurisdiction that such discrimination has occurred, this Agreement automatically terillinates without any further action by the County, effective the(late of the court order. Attorney is aware of the provisions of Section 13-101 through 13-106, Monroe County Code, relating to non-discrimination, and agrees to abide by the Code's nond isc riminat 1011 rc(luirements. k) Claims for State or Federal Aid. The County and Attomey agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement, provided that all applications, requests, grant proposals, and funding solicitations by AItoT nvy shal I be approvQc] by the County prior to submission. 1), Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and Attorricy agree that neither the County nor Attorney or any officer, agent, or employee of each shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of Individuals, entity or entities,, have crititlements or benefits Linder this Agreement separate and apart, inferior to, or Superior to tile conununity in general or for the purposes contemplated under this Agreement. rn) Execution in Counterparts. This Agreement may be executed in any number of counterparts, cacti of which shall be regarded as an original, all of which taken together shall constitute one and the same instruinent and the County and Attorney may execute this Agreement by signing any such counterpart. 7 3653 IN WITNESS WHEREOF, the parties have executed this, agreement the day and year- first above Written Otte Rissnian, Bauer uc Donah & cLain, P.A. Dona By witness Theodore N. l(diste' (Print Name:) Annette L. Hill (SEAL) MONROE COUNTY BOARD Attest: AMY L, -HEAVILIN, Clerk OF COLS 'ry om is NERS Deputy Clerk MONROE COUNTY ATTORNEY FORM: - - a CYNTHIA El H�ALL SS A TANT COUNTY ATTORNEY - 57- 9-01 late---A- 3654 y oyr Kevin Madok, CPA 0; ....�.�.4F% Clerk of the Circuit Court& Comptroller— Monroe County, Florida Rok coUN DATE: August 21, 2018 TO: Kathy Peters, CP County Attorney's Office FROM: Sally M. Abrams, D.C. SUBJECT: August 15, 2018, BOCC Meeting -Approved Agenda Item Attached is an electronic copy of the executed agenda item listed below for your handling. Q5 Board granted approval and authorized execution of the First Amendment to Agreement for Provision of Legal Services with Rissman, Barrett, Hurt, Donahue& McLain, P.A. (outside counsel for workers'compensation cases), to add attorney Matthew R. Bussin, Esq. as an approved timekeeper. Please contact me at extension 3550 with any questions. cc: 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,Florid 3655 305-294-4641 305-289-6027 305-852-7145 305-852-7145 FIRST AmFNDMENT i,o ACREEMEM, DA'rED FFBRtJARY 20, 2013 BY AND BETWEEN MONROE COUN'rY AND RiSSMAN, BAIMETi"', HURT, DONAIIIIE, Mc LAIN & MANGANP.A. This First Ainendme?t to Agreement ("Aniendnient") is made and entered into as of August 2018, by and between the Board of County Commissioners ol` Monroe County, Florida (liereinafter called the "'County"), and Rissinan, Barrett, HUrt, f)onahue, McLain & Mangan, RA, ("Attorney") (hereinafter collectively, "the I)artics"), wrrNESSETI] 'WI-IF''RE"AS, on F'ebruary 201, 2013, the Countyancl Attorney first entered into an agreement whereby the Attorney was retained to represent the ("'OUnty in certain matters ("Agreetnent"); and W1 paragraph 5 ofthe Agreement lists the attorneys and other professionals who are approved to work on County niatter'.-;.- and W111"RI"AS, the parties, now desire to ainend the Agrcenient in order to add anattorney tinie-kecper; and W'Hl-,'RF,'AS, effiective .1anuary 1, 2,016, the Attomey changed the nanie of the firma in order to add a named partner; and W"HERFIAS, the Parties also desire ioarnend the Agreernent in order to retlect the current natne ofthe firn-i. NOW '11 111,"IZEITORF", in collSidC11-IfiOn Of the MLAW'd covenants and provisions contained herein, the parties arnend the Agreement as t'011ows: I Paragraph 5 ofthe Agreenient. entitled Lloujy and tinickce , is re vised _R.a,t.es to add Lhc nanic ol'Manlievv R. Bussin—,\Itolrne— the hourly billing rate of$135M% 'llie nanie ofthe firni/contracting party is revised to be Rissnian, Barrett, I lurt, Dorl',111LIC, McLain & Mangan, P,A. wherever the nanicappears in the Agreernent as, anwrided. I [�,xceptas n(')Ied above., the balance ofternis, and conditions ofthe Agreetnent remain in full force and eft'ect. 4, 1''his Aniendnient is effective retroactive lolune 1, 2018. [The balance ofthis pal,,Ile is 'Intentionally lelt blank,] 1 3656 IN WI'FNESS W111,R['10F the parties h'avc executed this A.¢nendment as of the dates set Barth below. Board rat CIT r�rnty Commissioners 01'Monroe COLi t , Florida N Attest* y Kevin Madok, Clerk, David Rice, layor (52 By _... : ._..... ....... .. ......e e ww .w... w ....� D Past Clerk rk. Attorney Ris gran Barrett, Ilurt, Donahue, i cLairr & Marigan, P.A. {{ r• 1� Witness: " Print Name & Tide Date c"o( .................... Print Narne, CN rya MONROE COUNTY ATTORNEY l (. R�o )g1AS T C u+µr cn� cr- X: � t"H, q... HA- . D ter t 3657 Rl M-1 OP ID:V1 CERTIFICATE OF LIABILITY I � Oil 712017 THIS ' CERTIFICATE IS I ED AS A MATTER OF JIN ORM FAT10N AND CON S U ONLY FERS NO RIGHT; THE CERnFICATE HOLDER, THlS 'CiERTIFIC:ATE DOES NOTAFFIRMATIVELY OR NEGAnVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLlCNE' BELOW,, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSWNG INSIUIRER(Sl, AUTHORIZED REPRESENTATIVE OR PRODUCEK, AND THE CERTIFICATE H LDER. IMP'OIRT'ANIT, it the cortf(Gi—te-ho p"ofty,(-ie—s) —must be—ondorsod,-—Ilf S—U8R0--GAT0N IS—WAJV ,0 u—bJe'd to the terms and condili of the policy,covitalln POM:Ias rnaly require an andorsament, A statenient on IiMs cartificate does rap nitconlor eights to the cartilicato hol,dier In flau of such ondarma—w-111'r PRODWEIR NAMIF r Protessional Risk Speelsety Gir �A Division Gf Brown&Brown 265 S,Federal Hihway,#344 ADIIOIKPA Deerfield Beach,l L 3,3�441-4146 COVERAGE NM A' VISUIREIR A First Specla,ilty Insurance I Co,+ �34916 iNURI'D kiisman,Barrett,kurt, NSUIRER 8 Donahue,McLain n PA 201 E.Pine Street,#15010 Orlando,FL 02 COVERAGES CERTIFICATE NUMBER REVISION NUMBEW HAVE BEEN 9SSUED TO 'rHE INSURED NAMED AEK)VE FOR TH11" POLICY EMOD 'ro WflIrl'i 1+0$ INMCATED N0'rVVHS1iAND[N1Gi ANY RP;CAJMEMENT, TERM OR CONWTION OF ANY CONI'RACT OR 01HEP D10(AAAf*.,N7'VATH Ri CERTilFiCATE MAY BE MSUED OR MAY PEIRTAEN, 111E KSURANCE AF FORDEf) BY THE PW ICIES DESCRMIED HrREiIN IS SUBJi TO ALL THE rERMS, r,XC� A Lk)SIONSN DOONII)7�� ,ONS OFSILJ(,",'ttf�'C)I.NC,�,ES LIMO rSS)40YV'tItMY'N,tAVESEEINREIr�LNCEI;)BYPAIllrNC,A4ms, TYPE OF INSU RANCE LAW M �tTEINEIWZLIZB It 8,0010,0010 HTAVAGE TO PENTED X CX)MAAEROAdi,SENLPAL UARILO V t uai L9uwr. a tga acoomme't X ,C r,Jvms AN Aix, OCCUR MED,EXP 4Anv ono pe,,Iw0 J X pLAM'ERS PROF LIAS F NAO 1114 05 501 10116/2101 10116,12010%,fr":ii, Vki8ACPVfNRJ(R1r' G'fiN,ERAL AGUREGME j i 81,010�0,000 Gr,6N A3,131RE A E i,M r S PIE R Pq ........................ AU rCXM(Ya1iLV tjA 81,UTY MY A1jT1,'-1 A�L pM1PflW �'J; SCIME CA R F Cl le AUTOS �R N(,NViqi C,f P'nopt"W"Y C)M&CIE $ jW ...............------- ..... ....... UA U ........... EXCIESS UAM 01131K GA I E t VACSTAW, WORKERS COMPEMBAPON YL AND EMPLOVENISUAMUTY TOR wil"s 'I"v3 VN .............. E. UCH A=IXiV N�A� ............. IL M,p ,['r 0,L F C L [)P$EA15E, PCR CY L W7 Ji Lmt —[ tL 0 .gym Oi�,13WRA VERK."LES fAftach Kir-01413 104 ArldOwsof Rvmkm 4NnrvtlwwW4,W"w,00**0"A*ig r6quir*41) C ERnT tEF112AIEML2E F R CANCELLATIO SHO A N ULD NYOF THE ABO D ES VE CRIDED S NS F CANCIELLEID BEFORE-TK EXPWAVON DATE THEREOF, NOTICE MU. BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PRO"SkOi County Commissionam 1111 121h.Street,Suite 4,08 AUTHCARSZED REPRESWATPOP Key West,FL 330�40 0 19�88�2010 A D CORPORA710N. A111,r,iights reserved, ACORD 25(201OV05) The ACORD name and iogia are registered marks of A ORD 3658 Kevin Madok, CPA .. Clerk of the Circuit Court& Comptroller_Monroe County, Ffonda DATE: .tune 29, 2021 TO: Abra Campo County Attorney's Office FROM: Sally M. Abrams, D.C. SUBJECT: June 16th BOCC Meeting Attached is an electronic copy of Item P4, Second Amendment to Agreement for Provision of Legal Services with Rissman, Barrett, Hurt, Donahue & McLain, P.A. (outside counsel for workers' compensation cases), to add attorney Andrew T. McGarrell, Esq. as an approved timekeeper. Should you have any qucs6ons, please feel Tree to conLact me at ext. 3550. cc: Financc File KEY WEST MARATHON PLANTATION KEY PKIROTH 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,Fl^^-4^ 0'), 305-294-4641 305-289-6027 305-852-7145 305-852-7145 3659 SECOND AMENDMENT TG AGREE MFNT DATED FEBRUARY 20,2013 BY AND BETWEEN MONROE COUNTY AND RissmAN,BARRETT,Hum', DONAHUE, MCLAIN &.MANGAN,P.A. This Second Amendment to Agreement ("Amendment") is made and entered into as of June lb , 2021, by and between the Board of County Commissioners of Monroe County, Florida (hereinafter called the "County"), and Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. ("Attorney") (hereinafter collectively, "the Parties"), W ITN ESSETH WHEREAS, on February 20, 201 3, the County and Attorney first entered into an agreement whereby the Attorney was retained to represent the County in certain matters ("Agreement"); and WHEREAS, paragraph 5 of the Agreement lists the attorneys and other professionals who are approved to work on County matters; and WHEREAS, the parties now desire to amend the Agreement in order to add an attorney time-keeper; and WHEREAS, the Parties wish to amend the Agreement in order to make it possible to add/subtract/amend names of time-keepers upon approval of the County Attorney's Office, without the need for an amendment approved by the Board of County Commissioners. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein,the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly Rates and timekeepers, is revised to add the name of Andrew T. McGarrell, Attorney, at the hourly billing rate of$135.00. 2. The following language is added to paragraph 5 (Hourly rates and timekeepers): Initial time-keepers approved by the County are listed above. This list of time-keepers may be amended (including for the addition or deletion of names, or promotion of a time-keeper from Associate to Partner) upon the prior written approval of the Monroe County Attorney's Office. In the event that time-keepers are added, their billing rates shall be as shown in paragraph 5 of this Agreement. 3. Except as noted above,the balance of terms and conditions of the Agreement remain in full force and effect. 1 3660 3. This Amendment is effective retroactive to February 1, 2021. [The balance of this page is intentionally left blank.] IN WITNESS WHEREOF,the parties have executed this Amendment as of the dates set forth below. Board of County Commissioners Of Monroe County, Florida r By: adok, Clerk Michelle Coldiron, Mayor 1 By 110,4 /U. tS Date: t ICJ As D19uty Cler Attorney: Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. By: Print Name& Title Date T� Approved as to form and content: Monroe County Attorney's Office 5-11-2021 1 r rri ..:..r � 2 3661 RISSM-1 ❑P ID: PI CERTIFICATE OF LIABILITY INSURANCE DATE[MMIOD/YYYY, 10/15/2020 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(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain polIcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). CONT PRODUCER NAME:CT Miss Rodriguez Professional Risk Specialty Gr PHONE 954�53-6295 AAA No! A Division of Brown&Brown E-MAIL Ext 266 S.Federal Highway,#344 ADDRESS, Ress:mvanvurst@bbftlaud.com Beach,FL 33441.4146 DD bbftlaud.com INSUREff3SI AFFORDING COVERAGE NAIC N INSURER A:First Specialty Insurance Co.+ 34916 INSURED Rissman,Barrett,Hurt, INSURERB: Donahue,McLain&Mangan PA INSURER C 201 E.Pine Street,#1500 Orlando,FL 32802 INSURER❑ 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. %ACOM wan POLICY EF POLICY P LIMITS TYPE OF INSURANCE POLICY NUMBER MMrDDIYYYY MM1O L LIABILITY EACH OCCURRENCE $ i0,o0o,00o MERCIAL GENERAL LIABILITYPREMISES Ea occunenoe 5 CLAIMS-MADE OCCUR MEO EXP(Any one person) S WYERS PROF LIAR FNA337011406504 10/1612020 10/16/2021 PERSONAL&ADV INJURY $ RETRO: FULL PRIOR ACTS GENERAL AGGREGATE $ 10,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGO $ POLICY PRO, PRODUCTS S wliiLi�r CO AUTOMOBILE L MBINED SINGLE LIMIT Approved Risk Managem nt Eaaccldent E ANY AUTO '�� 5� BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS PROP TY DAMAGE HIREDAUTOS NON-OWNED 29_2621 rERACCID NTI S UMBRELLA LIAR _[7]OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE 5 S DED RETENTION$ WC STATU- OTH- WORKERS COMPENSATION AND EMPLOYERS LIABILITY YIN ANY P ROPRI ETORrPARTNERIEXEC UTIVE E.L.EACH ACCIDENT $ OFFICER7MEMBER EXCLUDEW ❑ N I A (Mandatory in Nit) E.L.DISEASE-EA EMPLOYEE $ if yes,describe under E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES(Attach ACORD 101,Add ItIonal Remarks Schedule,if more space Is required) Law Office CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners 1111 12th Street,Suite 408 AUTHORIZED REPRESENTATIVE Key West, FL 33040 �� D 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD 3662 THIRD AMENDMENT TO AGREEMENT DATED FEBRUARY 20,2013 BY AND BETWEEN MONROE COUNTY AND RISSMAN,BARRETT, HURT,DONAHUE,MCLAIN& MANGAN,P.A. This Third Amendment to Agreement ("Amendment") is made and entered into as of March 25, 2025, by and between the Board of County Commissioners of Monroe County, Florida (hereinafter called the "County"), and Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. ("Attorney") (hereinafter collectively, "the Parties"). WITNESSETH WHEREAS, on February 20, 2013, the County and Attorney first entered into an agreement whereby the Attorney was retained to represent the County in certain matters ("Agreement"); and WHEREAS, Paragraph 5 of the Agreement lists the attorneys and other professionals who are approved to work on County matters; and WHEREAS, Paragraph 5 of the Agreement sets forth the hourly rate for the attorneys and paralegals listed in the Agreement. WHEREAS,the parties now desire to amend the Agreement in order to increase the billable hour rate; and WHEREAS, the parties now desire to amend the Agreement to include the names of the partners, associates, and paralegals authorized under the Agreement; WHEREAS, the Parties wish to amend the Agreement in order to make it possible to add/subtract/amend names of time-keepers upon approval of the County Attorney's Office, without the need for an amendment approved by the Board of County Commissioners. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties amend the Agreement as follows: 1. Paragraph 5 of the Agreement, entitled Hourly Rates and timekeepers, is revised to increase the hourly billing rate of attorneys to $165.00 for partners, $155.00 for associates, and $115.00 for paralegals. 2. The Agreement is revised to include Theodore N. Goldstien as a partner; Robert Donahue an associate; and Casey Zamsky as a paralegal. 3. The following language is added to paragraph 5 (Hourly rates and timekeepers): Initial time-keepers approved by the County are listed above. This list of time- keepers may be amended (including for the addition or deletion of names, or 1 3663 promotion of a time-keeper from Associate to Partner) upon the prior written approval of the Monroe County Attorney's Office. In the event that time- keepers are added, their billing rates shall be as shown in paragraph 5 of this Agreement. 3. Except as noted above, the balance of terms and conditions of the Agreement remain in full force and effect. 3. This Amendment is effective April 1, 2025. [The balance of this page is intentionally left blank.] IN WITNESS WHEREOF, the parties have executed this Amendment as of the dates set forth below. Board of County Commissioners Of Monroe County, Florida Attest: By: Kevin Madok, Clerk James K. Scholl, Mayor By: Date: As Deputy Clerk Attorney: Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A. By: Theodore N. Goldstein, Esquire Print Name & Title Date 2.27.2025 2 3664 A!'��1p�� DATE(MM/DD/YYYY) 'k_ CERTIFICATE OF LIABILITY INSURANCE 10/18/2024 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 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: Professional Risk Specialty Group (PRSG) PHONE 954-453-6295 FAX A/C No Ext:- A/C No E-MAIL 655 N Franklin St., Suite 2000 ADDRESS: Tampa, FL 33602 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Swiss Re Corporate Solutions American Ir 29874 INSURED INSURER B Rissman, Barrett, Hurt, Donahue, McLain INSURERC: 201 E. Pine Street, #1500 INSURERD: Orlando, T'L 32802 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 LIMITS LTR INS WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY FNA337011405508 10/16/2024 10/16/2025 EACH OCCURRENCE $10,000,000 DAM AGE TE X CLAIMS-MADE OCCUR RETOR:FULL PRIOR ACT PRE SESOEa otccuD nce $ A X LAWYERS PROF LIAR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENT AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $10,000,000 POLICY❑ PRO JECT ❑ LOC BY ;re.+F,.1. PRODUCTS-COMP/OP AGG $ OTHER: DATE 1.6.2 $ AUTOMOBILE LIABILITY MBINED S $ INGLE LIMIT EaCO accident ANY AUTO WAIVER NAA. X YES. BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION $ $ MRKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUT E ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Law Firm Deductible: $50,000 / $100,000 Aggregate CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 12th Street, Suite 408 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©198 014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 3665 DS#3751246