HomeMy WebLinkAbout01/12/2026 Agreement GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: February 3, 2026
TO: Bob Shillinger
County Attorney
Abra Campo
Contract Administrator
FROM: Liz Yongue, Deputy Clerk
SUBJECT: January 28, 2026 BOCC Meeting
The following item has been executed and added to the record:
R5 Agreement for Legal Services with the law firm of Kellogg, Hansen, Todd, Figel
& Frederick, P.L.L.C. entered into by the County Attorney on January 12, 2026.
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
K E L 1 0 C3 G, I �ANSEN, TODD, F IGEL & FREE.)ER�CK,
SUMNER SOUARE
�6�5 M 5 T RIEET, N.W,
SLWFE 40C.)
WAS UNGTON, D,C 20035-'.3
215
................—
(202� 326-7900
FACSWR-E:
�202) 326-7999
Privileged& Con ntial
fitle
Attorney-Client C..ornmunications
January 112, 2026
Bob Shillinger
Monroe County Atton-tey's Office
I I I I 12tfi Street
Suite 408
Key West, FI 33040
(30) 292 3470
Shillinget��-Bob@Morir,oeCounty,..Fl,.Gov
Re: Ro(IneY a5hand , el al. v. (I,h)�of Mirathon, No. 3D21-4987 (FL 3d DCA)., on petition
for writ ofeertiorari to the U.S. St,upreme Court
Dear Mr, Shillinger:
I write to confirm that K,Olcigg, Hari sen, 'Fodd, F'igel & Frederick, P.L.L.C. ("Kellogg
Hansen")haS Undertaken to provide legal services in connection with preparing an arnicus brief'
on beharif'of the Monroe C"ounty Board OfCOMMiSSi(Mers ("Cheirits") in st,,ipport of a
forthcoming petition for writ of certiorari by the City ot'Marathon before the U.S. Supreme
Court, I`hk letter will set forth, as required by the District OFCOILImbia, Bar'Rules of
Professional Conduct for new clients, the manner in which our services will be rendered.
Scope of Engagement. We have agreed that our engagement is limited to perfiwrylance
of services related ter this action. Because we are not YOUr general counsel, our acceptance of
this engagernent does riot involve an undertaking to represent YOU 01"YOUT interests in any other
matter, Im particular, our present engagement does not include responsibility for review of your
insurance policies to detennine the possibility of coverage For the clairn asserted in this rnatter,
For notification ol'your insurance carriers about the matter, or for advice to YOU about your
disclosurt obligations c(,,)n(.-,erning the matter under the federal securities laws or any other
applical-Ae haw.
Staffing. Twill haveprimaryresponsibility, for yokir,represenl,,jiiori,thoti ,In lniay utilize
other firrn lawyers and paralegals as appropriate in the circumstances. We will provide legal
counsel to you in accordance with this letter and in reliance upon inforrnation and guidance
KELLOGG, I 1ANSEN, TODD, F �GE� & FREDERICK, P.L.L.C,
Bot) Shillinger
January 12, 2026
Page 2
provided by you,to keep you reasonably irift.m-ned of'progress and developments, and to respond
to your inquiries.
Cooperation. To enable us to represent you effectively, you agree to cooperate -fully
Avith us in all matters relating to your case, arid to fully and accurately disclose to us all facts and
documents that may be relevant to the matter or that we inay otherwise request. You also will
make yourself reasonably available to attend ineetings, discovery proceedings and confierences,
hearings and other proceedings, You also are to pay our statements for services and other
charges as stated below.
Advice.About Possible Outcomes. Fither at the corninencernent or during the course of
our representation, we may express opinions or beliefs conceming the matter or various courses
of action and the results that might be anticipated. Any such staternent made by any partner or
employee of our fin-ri is intended to be an expression of'opinion only, based on information
available to us at the time, and should not be construed by you as as promise or guarantee.
.Fees. Our fees will be based primarily on the arnount of time spent on your behalf, Each
lawyer and legal assistant has an hourly billirig rate based generally on experience and special
knowledge. `"he rate multiplied by the firne expended on your behalf, measured in tenths of an
hour, will be the initial basis for determining the fd e. Our firm presently charges the Following
rates f6r its classes of timekeepers: $1,225 to $2,100 for partners; $680 to $1,110 For assockates;
$1,165 fOl"Of--COUnsel; and $475 to $545 f(.,)r paralegals. Staff mernbers at this firm are not
licensed to practice law but are capable of performing (under tbe supervision of as licensed
attorney) legally related tasks requiring a lower level of experience or expertise in order to
facilitate the efflicient rendering of services, Ultimately I will be responsible for assuring the
work performed on your behalfis Performed to your satisfaction. If at any time you believe our
representation is not satisfactory in any regard, I encourage you to discuss any problems with
me,
Notwithstanding the regular fce structure detailed above, we are pleased to offer you a
25%discount on all attomey"s fees incurred fior this matter.
(..'osts and Expenses. The firm typically incurs costs in connection with legal
representation. These costs may include such matters as long distarnee telephone charges, special
postage, delivery charges, telecopy and photocopy charges and related expenses, travel expenses,
meak and use of other service providers, such as printers or experts. In. litigation rnatters, such
expenses may also include filing fees, deposition costs, process servers, court reporters, and
witness fees, We separately bill for computerized legal research and related expenses. You also
agree to pay the charges fbr copying docurrients for retention in our files, Except for, specialized
word processing services, we normally do not make a separate charge for secretarial work unless
there is as situation that,requires overtime staff work.
Payment of Statements. Statements normally wifl be rendered rnontffly For work
KELI OGG, HANSEN, '"FODD, FIGEL & FRE.DERVCK, P.L.L.C.
Bob Shillinger
January 1.2, 2026
Page 3
performed and expenses recorded on our books during the previous month, but may be
adJusted based on the schedule of'payments agreed to above,. Payment is due promptly upon
receipt of our statement under the ternas set forth above. We also reserve the right to suspend
performing services for you until arrangements satisfactory to us have been made for payment
of outstanding statements and the payment of fUture f' es and expenses,
Conflicts. We represent many other companies and individuals. It is possible that during
the time we are representing you, sorne of our present or future clients will be engaged in
transactions, or encounter disputes, with you. You agree that we may continue to represent, and
may undertake in the future to represent, existing or new clients in any rnatter that is not
substantially related to otir work for,you even if the interests of'such clients in those matters are
directly adverse to you. We agree, however, that your advance consent to conflicting
representations contained in the preceding sentence shall not apply in any instance where, as a
result of our representation of you, we have obtained proprietary or other confidential
inforT.Mation of a nonpublic nature,that, it'known to such other client, could be used in any such
other matter by such client to your material disadvantage.
Termination of Representation. You may terminate our representation at.any time by
notifying us. Your termination of our services will riot affect your responsibility f6r payment of
outstanding staterrients and accrued fees and expenses incurred before tert-nin.ation or incurred
thereafter in connection with an orderly transition of the matter.
Conclusion of Representation; Retention and Disposition of Documents. Absent
express notice of termination, our representation of you in this matter will conclude upon
completion of our work... At your request, YOUr docuti"ients and property will be returned to you,
although we reserve the right to copy any docurnents we deem appropriate. Our own files
pertaining to the rnatter will be retained. 'rhese firin files include, fir example, firm
adniinistrative records, time and expense reports:, personnel and staffing materials, and credit and
accounting records,- and internal lawyers' work product such as drafts, notes, internal
rnernoranda, and legal and factual research, including investigative reports, prepared by or fbr the
internal use of lawyers. For various reasons, including the minimization of unnecessary storage
expenses, and consistent with applical)le pr(.mf ssional conduct rules, we reserve the right to
destroy or otherwise dispose of any such document's or other,materials retained by Lis at the end
of the firm's retention period, which is seven years, without fUrther notice to the you.
We rimy withdraw from representation if you fill to fulfill your obligations tinder this
agreernent, including your obligation to pay our ft-es and expenses, or as perrnitted or required
under an'y applicable standards of pr(:&essional conductor rules of court, or upon our reasonable
notice to you.
Incorporation of Standard Terms and Conditions in Addendum. As as public entity,
Monroe ('ounty is required by State law as well as (.''oun nan a ty ordice and policy I'o i ncl u a de
number of terims in agreements such as this. The attached Addendum is incorporated herein and
KELLOGG, HANSEN, ToIDD, FG= & FREDERICK, Rf eLC.
Bob Shillinger
January 12, 2026
Page 4
enforceable aus if the terms were included in this letter, The Client agrees that the Firm does not
ordinarily vet our subcontractors For compliance with E-Verify requirements, but we have been
assured by the likely printer of the Supreme Court brief that it does comply,
We look forward to representing YOU on the basis set forth in this letter, Please review
this letter carefully and, if it ni(ets with your approval, please sign and return one ofthe
originals, and keep the other for your records. Should you have any questions about our
practices and procedures, please let inn know
Very truly yours,
K.EL.,L.O(JCJ, HANSENTODD, FIGEL
& FREDERICK, PI.I.-C.
By.
David C. Frederick
Ag,reed to and accepted by:
..........................
...............
Robert B. Shillinger, (Date)
Monroe County Attorney
SubJect to ratification by the Board of County Cortirnissioners
Pursuant to Sec cation 2-180(a) ofthe Monroe County .ode,
ADDENDUM
(State and Locap Clauses Only)
This addendUrn is attached to and made part of that certain agreement ad sing out of a
piroposal for legal services r-nade by Kellogg, Hansen, Todd, IFigel & l-red erick, PILL.
on December 19, 2025 (the "Agreement"). The terms and conditions of this addendum
shall amend those colintained in the Agreement arid, in the event of any conflict therewith,
the terms and conditions of this addenduirn shaill control.
1'. Florida Public Records law (F.S. 119.0701).
RECORDS- ACCESS AND ALUTS: Pursuant to F.S. '119.0701, Contractor and its
,,,,,,,,,,,,,,,,,,,,, .,®
subcontractors shape comply with all puWic records laws of the State of Rorida, inClUding
�but not firnited to:
a. Keep and maintain public rem;ords required by Monroe COUnty in order to
perform the seivice.
b. Upon requestfrorn the public agency's custodian OfpUblic records, provide the
publlic agency with a copy of the requested records or aglow the records to be inspected
or copied within a reasonaWe 'time at a cost that does inot exceed the cost provided in
Florida Statute , Chapter 119 or as otherwise provided by law.
c. Ensure that pubfic records ttiat are exempt or confidentW and exempt from
public records disciosure requirements are not disclosed except as authorized by law for
the duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the pUblic agency,
d. Upon complefion of the contract, trainsfer, at no cost, to Monroe County ail
pubfic records in possession of the contractor or keep and maintain push is records
reqUired by the puWic agency to perform the service. ff the contractor transfers ape pubfic
records to the pubfic agency Upon completion of the contract, the contractor shall destroy
any duplicate public records ffiat are exempt or confidential and exempt frown ptjWic
records dlscposure reqWrernents,, if the contractor keeps and maintains pub4c records
upon cornpileflot'-i of the contract, the contractor shall imeet alp apipficable requirerneiirits for
retaining pulbfic roacords. Aill records stored electronically must be provided to Monroe
County, Upon request from the public agency's custodian of records, in a format that is
cornpatpble with the information technology systems of Monroe County.,
IF I HE CONTRACTOR HAS QUE STD ONS REGARDING THE
APPLICA II OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRAC1 OR'S DUTY "TO PROVIDE PUBLIC RECORDS RELATING TO
TI-11S CON rRACT, CONTACT TH, E CUSTODIAN OF PUBLIC RECORDS,
(305) 292-3470, do Monroe County Aftonney's Office, 1111 12t' St., Suite
408, Key West FL 33040.
2. F.S. 287.0582 and Monroe County Purchasing Policy (irequired for all contracts
for purchases of services or goods > 1 year): Monroe County's performance and
obfigation to pay i.grider this contract is contingent upon an aininual appropriation by
the BOCC.
3. Insurance Requirements (Monroe County Risk Manual): As a pre-re gums site of
the work and services governed, or the goods supplied under this contract, the
Contractor shdR obtain, at his/her own expense, all irisurar-rce required by this
section, Contractor shall maintain the required urn suirance throughout the entire term
of this contract and any extensions specified in the attached schedu.fles. Faftire to
cornply with this provision rimy resuft in the irnrne6ate suspension of all work untH
the required insurance has been reinstated or repllaced,
The Contractor shall) provide, to the Counly, as safisfactory evidence of thy; required
insurance, either: Certificate of insuranceD or a certified copy of the insurance poficy.
All insurance poficies must specify That they are not subject 'to canceMation, non
renewal, matedal change, or reduction in coverage unless a minimurn of thirty (30)
days prior notification is given to the County by the insurer. Contractor wfll be held
responsible for all deductibles and self-insured retentions that may be contained in
the Contractor's insurance policies.
* Le al M : recognizing that the work governed by this contract invoives
the furnishing of Illegal advice or services, the Contractor wfll purchase and
imaintain, througtiout the life of the contract, Professional L_iabifity Insurance
which MH respond to darnages resuffing frorn any claim arising out of the
performance of professional services or any error,or ornission of the Contractor,
including but not Hmited to legal maipraGfice. The minimum limits of Iiabiflty are:
$1,000,000 Amer Occurrence/$2,000,000 Aggregate. If coverage is provided on a
claims made basis, an extended claurns reporting period of four (4) years wfll be
required.
* Workers Coirnppm-natirm : prior to the commencement of work governed by this
contract, thin Contractor will obtain Workers' Compensation Insurance with fimits
sufficient to respond to appHcabie Workers' Compensation state statutes and
the requirements of Chapter 440, Florida Statutes. If the Contractor participates
in a self-insu ai rice fund, a Certificate of Insurance Mll be rF..quired. In addition,
the Contractor may be required to SUbrnft updated financial staternents from the
fund upon request frorn the County.
4, Public Entity Crime Statement (required for all pran ct.1irement documents and
contracts by F.S. 287.133 and Monroe COUFAY Purchasing Policy): A person or
affiliate who has been p aced on the convicted vendor list foliowing a conviction for
pUbfic entity crime may not SUbrnit a bid on a contract to provide any goo:ds or
services to a pubfic entity, may not submit a bid on a contract with a public entity for
the construction or, repair of a pubiic Idumlldirng or pubiic work, may not submit bids on
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leases of real property to public entity, may not be awarded or perform work as a
CONI"RACTOR, supplier, si.ibcontractor, or CON1 RAC FOR under a contract with
any pubfic entity, and may not transact business with any public entity in excess of
the thre.shold airnount provided in Section 287.017, for CATEGORY"TWO for a period
of 36 months from the date, of being placed on the convicted vendor list. As used
herein, the term "convicted vendor fist" means a fist maintained by the Fiorida
Department of Managerneint Services, as defined in F.S. 287.131
By entering in this Agreement, the vendor acknowledges that it has read the above
and states that neither the vendor nor any,Affiliate has been placed on the convicted
vendor list within the last 36 months.
5. Ethics Clause (required for all ntr t Iby Monroe County Ordinance too®
10-
1990): By entering in this Agreement, the vendor warrants that he/it has not
ernployed, retained or otherwise had act on his/her behalf army former County officer
or employee in violation of Section 2 of Ordinance No. 01 G 1990 or any Courity offic.er
or employee in violation of Section 3 of Ordinance No. 010-1990.. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement
without fiability and may also, in its discretion, deduct from the Agreement or
purchase price, or otherwise recover, the fuH arnount of any 'fee, commission,
percentage, gift, or consideration paid to the former Cot.inty officer or empioyee.
6. E-verify requirement (required by Fa 448.095). Beginning January 1, 2021,
every pubk eirnpioyer, contractor, and subcontractor shall register with and use the
E-Verify system to verify the work authorization status of ail newly hired employees.
By entering into this Agre ern ent, the vendor certifies that lit registers with and uses
the E-Verify system. if the contractor enters into a contract with a subcointractor, the
subcontractor must provide the contractor with an affidavit stating that the
subcontractor does not employ, contract witti, or subcontract with an unauthorized
alien. The contractor shall maintain a copy of such affidavit for the duration of the
contract.
7. Scirutinized companies (F.S., 28'7.135)-
a. (Applies to contracts > $1 million)-.: This contract is terminable at the option of
the awarding body if the vendor is found to have subrnitted a false certification as
defined b0ow, has been placed on the Scrutinized Companies with Activities in
Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List as those terms are defined in F,.S. 287.135, or been engaged
in business operations in Cuba or Syria.
i. False certification- At the tirne a company submits a bid or proposal for a
contract or, before the company enters into or renews a contract with an
3
agency or local governrnental entity for goods or services of $1 rnflfion or
more, the company rnust certify that the company is not on the Scrutinized
Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroletjrn Energy Sector List and that it does not have
business operations in Culba or Syria. At the flam a company submits a bid
or proposai for a contract or before the company enters into or renews a
contract with an agency or local governmental entity for goods or services
of any arnount, the comp my must certify that the corripany is not
participating in a boycott of kraal. By entering into this agreement, the
vendor certifies tin atElms company compfies with these requirements.
b. (Applies to all contracts): 1 his contract is terrrflnable at the option of the
awarding body if the company is found to have been placed on the Scrutinized
Companies that Boycott Israel Ust as that term is defined in F.S. 287.135 or is
engaged in a boycott of Israel.
& Payment: lnvoices will be paid in accordance with the Florida I ocal Government
Prompt Payment Act, F.S. 218.70 et seq. lnvoices must be submitted to the Derk
with supporting documentation acceptable to the Uerk. Acceptability to the Clerk is
based on generafly accepted accounting principles and such laws, afles, and
regUlations as may govern the Clerk's disbUrsM of furlds.
9. 1 lurnan Trafficking (III.S. 787.06): Whenever a contract is executed, renewed, or
extended between a nongovernmental entity, and a governmenW entity, the
no ngove rn mental enfity rTILISt provide an affidavit signed by an officer or a
representative of the no ngovern mental entity under penalty of Iperjury, attesting to
that the nongovernmental entity does not use coercion for labor or services. A copy
of the affidavit is attached,.
10. Foreign Entities Affidavit (F.S. 287.138):
a, Beginning 1/1/2024, a governmental entity may not accept a bid or proposal from,
or enter into a contract with, an entity which WOUld grant the entity access to
individual personal identifying information ("PH") uniess the entity provides all
affidavit signed Iby an officer or representative under, Ipenalty of pedury attesting
that the entity does not meet any of the criteria in F.S. 287.1 38(2)(a)-(c);
* Entity owned by a country of concern (China, F:-Zussia, ban, INorth
�Korea, VeneMiela, Syria)
* Controffing interest by government of foreign country of concern;
* Entity organized under the laws of oir has principal place of business
in foreign COUntry of concern.
b. Beginning 7/1/2025, a governmental entity cannot renew a contract with an entity
which oun d grant the access to PH uniess the entity provides the affidavit.
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c®. Beginning 7/1/2025, a governmental entity cannot extend or renew a contract with
an entity rneefing the above criteria if the contract would give access to PH to that
entity.
The affidavit is attached.
11. Governing Law, Venue, Interpretation, Mediation: This Agrf;,ement sha be
governed by and construed in accordance with the laws of the State of F:Iorida
applicable to contracts made and to be perfor-Med entirety in the State.
M the event that any cause of action or administrative proceeding is insfiti.ited for the
enforcement or, interpretation of this Agreement, the Courmty and Contractor agree
that venue wifl lie in the appropriate court or before the appropriate administrative
body in IMonroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of
the terms or a term of this Agreement by or, between any of them the issue shail be
submitted to mediation prior to the institution of any other administrative or Gega�
proceeding.
The County and Contractor agree that, in the event of conflicting interpretations of
the terms or a teirm of this Agreement Iby or between any of them the issue shaH be
subinifted to mediation prior to the institution of any other administrative or legal
proceeding. Mediafion proceedings initiated and conducted pursuant t(,,) tNs
Agreement shall be in accordance with the Florida RLIles of Civil Procedure and usuap
and custornary procedures required by the circuit court of Monroe County,.
12, Nondiscrimination. I lie parties agree that there wiii be no discrimination against
any person, and it is express�y understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agre.ernent aut arum aficaHy
teirminates without any further action on the part of any party, effective the date of the
court order. rhe parties agree to comply with Wi Federal and F:Iorida statutes, and
0 local ordinances, as applicable, reWing to nondiscrimination. These inckide but
are not knit ed to, 1)Title Vli of the Civil Rights Act of 1964 (PL 88 .352), which prohibit
6scriminatiomet in empioyment on the basis of race, coW, re.figion, sex, and nafionM
origin; 2) Tifle V of the, Education Amendment of 1972, as amended (20 USC §§
`1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which
protiibits discrimination on the basis of disability; 4) The Age Discrimination Act of
1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the
basis of age; 5) 'The Drug Abuse Office and Treatment Act of 1972 (PI 92-255), as
arne rid ed, relating to nondiscrimination on the basis of drug abuse-, 6) The
Cornprehens�ve Alcohol Abuse and Aicohoism Prevention, "'rreatmemint and
Rehabifitation Act of 1970 (PL 91 616), as amended, re.iating to nondiscrimination on
5
the basis of alcohol abuse or alcoholism', 7) The Public Heafth Service Act of 1912,
§§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, reflating to
confidentiality of alcoW and drug abuse patient records; 8) "'T itle VM of the Civil
Rights Act of 1968 (42 USC §§ 3601 et seq,), as amended, relating to
nondiscrimination in the sWe, renal or financing of housing-, 9) 1 he Americans with
Disabikfies Act of 1990 (42 USC §§ 12101 Note), as affiended from time to time,
reflafing to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article H, which prohibits discrimination on the basis of race, color, sex,
refigion, disability, nafionW origin, ancestry, sexual orientation, gender identity or
expression, famHW status or agel and 11) All requirements imposed by or pursuant
to Title 49, Code of Fand erW RegWations, Department of Transportation, um tie A,
Office of the Secretary, Part 21, Nondiscrimination in FederaHy assisted programs of
the Department of Transportation-Effectuation of Frtle Vl of the Civil Rights Act of
1964, and as said Regulations may be amended; and 12) Any other
nondiscrimination prove ion in any Federal or state statutes which may apply to the
parties to, or the subject mafter of, this Agreement.
13. Non-Waiver of Immunity. NoWthstanding the provisions of Sec. "768.28, Florida
Statutes, the pafficipation of the County and Kellogg Hansen in this Agreement and
the acquisition of any comirnercW liability insurance coverage, self-insurance
coverage, or iocal government flabifity insurance poor overage shall not be deemed
a waiver of immunity to the extent of HaUrty coverage, nor shall any contract entered
into by the County be required to contain any provision for waiver.
IN:WIT LE SS WHEREOF, the parties have duly executed this. addendum on this 0 ,
dayof h.o'* r-a , 201P6.
Contractor: : : :County:
1_ /.4/0),-
By:: : •: By:
Name: David C. Frederick Name: Robert B. Shillinger,
Title: Partner, Kellogg Hansen Title: Monroe County Attorney
[AFFIDAVIT PAGES FOLLOW] : .. . .. :.
Ratified by the Monroe County Board of • . . .
County Commissioners on January 28; 2026.
I II _1
O.'Ili 1 i ir '
06001• sips.,
May.r Miche e Lincoln
23
r - ; Kevin Madok; .Clerk
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•o �. r • :As.De•uty Clerk. %.
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7
AFFIDAVI„T„ TTES1 ING TO NONCOERCIVE mllp
FOR LABOR OR SERVICES
Eintity ' mnd ar Name: a .'..m L_f' Frei � rick P. 1.. m..................... ....
Vendor Fi"°IN:
52-1 117 g
. . .."..........� ___ _.....................
Vendor's Authoft d Representative- David.....0 Frederick, Partner
(Narne and Tits )
Address: _1615 Street N.W. Suite
_._._........._ mW .._..._..................._
Was
City: . it ......_._.....M.._........... _ tt : ------ f� �. ________.................................................Zip. gp
Add
MaH r a ._... .f° .r. ..ra.C.. @ jjp. %g.G.a. n s e:..:pror..n.......................................__ ..._
As a nongovernMental entity executing, renewing, or extending a contract with
government entity„ Vendor is r qWr d to provide am affidavit under p rn pty of p rjUry
attesting that Vendor does not use u° i mn for pabor or services in accordance with
Section "7 7.0 , Horida Statutes.
As defined in Sec ion 7 7.06(2)(n), coercion rnn rn °
1. IJs' ng gar tfnre timng to use physical farce against any person;
2. Restraining, isolating, r confining or tinir a timng to restrain, isolate, or confine
any person ithouAmt IawfuI authonty and against her or hn will;
. Using Ie ndirmg or other credit methods to estabfish a dint by any person he n
labor or services are pledged cu.nrity for the debt,t„ if the vMue of the i d r
r ser0ces as reasonabiy assessed is not applied toward the piguid tiomn of the
debt, the perngttm and nature f the i lbor or service are not respectivepy limited
and defined;
4. Destroying, conceaHng, removing, confiscating, withholding, or possessing sirng my
temp or PUrp orted passport, visa, or ottni r immigration dOCUmerit, or any otheir
temp or purported government identification do rmmnn rnt, of array person;
5. Causing or ttnr atirng to cause financial harm to any person;
Enticing or puirimng any person by fraud or deceit,- or
7" i roMirng a controHed substance as rnu.ntiirm d in SchedWe p or SchedWe ii of
Section 893.03 -to any personfor the pUrpose of exp ortation of that person.
As a person mn u.nthori d to sign purr behalf of Vendor-, i certify under penaffies of p emjur'y
that Vendor does rnOt. Use coercion for labor or services in accordance with Section
78T,06, Additi rn ipy, Vendor has reviewed Section 787.06, Florida Statutes„ and agrees
to abide by same.
Certified y: __ David �",IT Frederick ..........................._. _ ___ ................................._......_...�..._..._ .................M
h i authorized t sign o n beha f ofthe above ireferenced corrnp uny.
Authorized Sign tur 4
. . WW� ..... � ,
.........._.............__._._.�
p: rirnt i rnn : D id tom. Fred n
.�...................................................................................... ......................................................._.................. ...............................................
Titp :.__"P rtp W pl rag _Njarrseim� __..__.._.
8
FOREIG14 ENTITIES AFFIDAVIT F.S. 287.138
1" David C. Frederick � ..._....n.......... f the c4 of._, ft"i hint wDC_.�....�.......... according t
Wawa on rimy oath, and Under penally of perjury, depose and say that:
. I am David C. Frederick of the Iran cat
._..aa.._...._.... __...__._..w........__..�....__......m.......�.......__._...._.__...___.. .___.w _ .....�.___n._
Ir
_...... �( fi r : ..... @� .�... p'.......................................... . .. .:. .....................................("Entity")" t' a de
making the Proposal for the prospect described abed in the Request for Proposals for
and that I executed the said
proposal with full authority to do a
. are accordance nc with section .138, Florida Statutes, the Entity is riot owned rn d by
the government of a F iron g n Country of onceirrn„ as that terry urn defined fin F.S.
287.138, is not organized under the Wws of nor has its rmricipa� P ace of Business
in a IFor river rn Courrhy of Concern, and the government of a Foreign Country of
Coincerin does not have a Controffinghiterest in the entity.
. rhe statements contained 'arm t o s affidavit are, true and correct, and made with full
knowledge d that Monroe County relies upointhe tr i of the t t rm eats contained
irn this affidavit in awarding contractsfor said project.
( i irm«tur )
D a te:
January 12, 2026
_..._____.W._WW_._�......_...___� ...._.._................................_..........__._........................................._..........
1"A' I Off': District of of umbi
...................................�..._..................................__....�____.v_.._.............._..._
O 'mI" OF: Washin. ( ��._._......._...a..
Sulbscdbed and sworn t ( r ffin-ned) before, me, tmy mearis of pii by flm,,,,M presence or
online . notarization, Oil I (date) by
I)XV64 (name of affi t). He/She is personally known to me
orhas rodu c d _..._ ..__....__.......__..� ._.._..._........ .,........__...._....................................................1—..___... ._..................-- (type
f 6d rrtuti atio n) as identification,
NOTARY PUBUC
y C ornrnission Ex pires,
'� r
201
x
R
71/14/2026
E(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE
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: Certificate Department
Marsh &McLennan Agency LLC PHONE FAX
1751 Pinnacle Drive, Suite 1800 A/C No Ext: 703-354-1616 A/c,No):703-354-2731
E-MMcLean VA 22102 ADDRESS: macertificates@marshmma.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA: Hartford Fire Insurance Company 19682
INSURED KELLOHANSE INSURERB:Trumbull Insurance Company 27120
Kellogg Hansen Todd Figel & Frederick, PLLC INSURERC: Hartford Casualty Insurance Company 29424
1615 M Street, NW, Suite 400
Washington DC 20036 INSURERD:
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER:681564852 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 INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY 42UUNBU1J6A 8/14/2025 8/14/2026 EACH OCCURRENCE $1,000,000
CLAIMS-MADE � OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $1,000,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY❑ PRO
JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
B AUTOMOBILE LIABILITY 42UENBU1J67 8/14/2025 8/14/2026 COMBINED SINGLE LIMIT $1,000,000
Ea accident
ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
C X UMBRELLALIAB X OCCUR 42XHUBUlKAG 8/14/2025 8/14/2026 EACH OCCURRENCE $25,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $25,000,000
DED X RETENTION$1 n nnn $
A WORKERS COMPENSATION 42WEBU1J69 8/14/2025 8/14/2026 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTEI ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required)
APPR 16K T
.
DATF�. ,,._.___L 1,4;26..�..,�� ....
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC
1100 Simonton Street AUTHO EDREPR SENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
Al AS
A ttorll-��=��
January 14, 2026
Monroe County BOCC
1100 Simonton Street
Key West, Florida 33040
A £M T
To Whom It May Concern: DATE--
W01
CONFIRMATION OF INSURANCE
We hereby confirm that Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C. has
Professional Liability Coverage under Policy LPL-1903-2026 with an annual limit of
$40,000,000 per claim and $80,000,000 in the aggregate with the right, under stated
conditions, to purchase extended reporting rights upon termination of such Policy by
ALAS.
The self-insured retention under such Policy is $1,000,000 each claim up to an
aggregate of$2,000,000 and $100,000 each claim thereafter.
The Policy effective date is from January 1, 2026 to January 1, 2027.
Such Policy is subject to the terms, conditions, limitations and exclusions stated
therein.
ATTORNEYS' LIABILITY ASSURANCE SOCIETY LTD.,
A RISK RETENTION GROUP
By: Date: January 14, 2026
Nancy Montroy
Vice President — Director of Underwriting
YIJ ,tuih Rive r,uh 4)7za
C h go,II F,[606
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