01/21/2022 Agreement 8 or
Kevin Madok, cpA
...........a1 Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: January 28, 2022
TO: Abra Campo, Contract Administrator
County Attorney's Office
FROM: Pamela G. Hanco k, .C.
SUBJECT: January 21 st BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Q2 Professional Senices Agreement with Gregory Oropeza and the law firni of
Oropeza, Stones, and Cardenas, PLLC.
Should �'ou have any questions please feel free to contact me at (305) 292-3550.
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,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into this 21st day of January 2021, by
and between NROE COUNTY, hereinafter referred to as Client, and Gregory Oropeza and
the law firm of Oropeza, Stones, and Cardenas PLLC, hereinafter referred to as the Firm andlor
the Attorney .
WHEREAS, the Client requires certain professional legal services-, arid,
WHEREAS, the Firm represents that it is capable of providing such Services:
NOW THEREFORE, in consideration of the promises contained herein, the partles hereto agree
as follows:
ARTICLE, 1 - EFFECTIVE DATE AND TERM
The effective date of this Agreement shall be December 8, 2021. The Agreement shall continue
in full force and effect until terminated either by the Firm or by the Client. Monroe County
obligation to pay is contingent upon annual appropriation by the Monroe County Board of County
Commissioners,
ARTICLE 2 - SERVICE TO BE PERFORMED
The Firm shall provide advice and legal representation with regard to real estate advice,
transactions, and title opinions as requested by the Monroe County Attorney and subject to the
prior approval of the Firm.
The Firm has conducted a thorough investigation and determined that neither the Firm no], its
attorneys has any ethical impediment, real or potential, to representing the County, If any such
impediment arises, the Firm shall immediately take steps required by Florida Bar rules to resolve
the conflict or withdraw from representation. If a conflict of interest arises that cannot be avoided
or mitigated under the Rules of Professional Conduct of the Florida Bar, the County may, in its
discretion, (a) obtain reimbursement from the Firm for all fees and costs paid to the Firm in this
matter: and (b) obtain cancellation of all 'further amounts allegedly owed by the County to the
Firm.
ARTICLE 3 - COMPENSATION
FEES:
The following are approved time-keepers and their hourly rates,
Name Hourly Rate
Gregory Orope $300 for advice and title opinions
Elizabeth Kehoe $250 for advice and title opinions
Kai I\Aurphy $250 for advice and title opinions
Patricia GanIster $150 for paralegal services
$475 per real estate transaction as the cost of
closing
In addition to the above, associates and paralegals may be assigned by the Firm to work on
Monroe County matters at the rates of $__(associates) and $____(paralegals), respectively,
The initial time-keepers approved by the County are listed above, This list of time-keepers may
be amended from time to time (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. In the event that time-keepers are added, their billing rates shall be shown above, as
may be amended from time to bane,
COSTS:
1. Travel expenses will be reimbursed in accordance with and at the rate set forth in the
applicable provisions for "approved travelers" in the Monroe County Code, and will be
summarized on the Monroe Courity Travel Form with all applicable receipts attached.
2, Other reimbursable expenses will include cour-t- filing fees and costs, witness fees
(Including experts and consultants) and court reporter fees.
3. All other is will: be non-reimbursable, including but not limited to postage (including
overnight mail), photocopies, facsimiles, telephone charges, courier charges, and computerized
research,
RETAlNER
A retainer will not be required,
BILLING
All invoices shall be sent to the Client on a monthly basis. All invoices shall be paid in accordance
with Florida Local Government Prompt Payment Act unless there are disputed charges, All billing
shall be done In A 0 hour increments,
Each invoice will list the names of the attorneys or paralegals working on each matter and the
amount of time expended on the matter by each attorney or paralegal, on a daily basis, with a
short description ref the work performed for that billing entry. Each invoice will be submitted with
supporting documentation in a form acceptable to the Clerk of Courts, based on generally
accepted accounting principles, and such laws, rules arid regulations as may govern the Clerk's
disbursal of funds.
The Client will receive,early and frequent evaluation of all cases. If the client is not likely to prevail
in litigation, in the Firm's reasonable estimation, the Client will be advised in order to minimize
litigation costs, and settle the case.
ARTICLE 4 - STANDARD OF CARE
The Firma shall exercise the sarne degree of care, skill, and diligence In the performance of the
Services as is ordinarily provided by, ttorneys under similar circumstances and the Firm shall, at
no additional mast tag the Client, re-perform services which fail to satisfy the foregoing standard of
care.
ARTICLE 5 - COMPLIANCE WITH LAWS
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In performance of the Services, the Firm will comply with applicable regulatory requirements
including federal', state, and local laws, rules regulations, orders, codes,, criteria and standards..
ARTICLE 6 - INSURANCE
During the perfon-nance of the Services under this Agreement, the Firm shall maintain
Professional Liability insurance, which shall be written by an insurance company authorized to do
business In Florida, This insurance shall provide coverage against such liability resulting from this
Contract. The minimum limits of coverage shall be $250,000 per claim and $500,000 aggregate.
Certificates of Insurance showing coverage in the amounts shown above is in force shall be
submitted at the time of Initial execution of the Agreement by both parties, The Firm wall maintain
coverage in force at all times. Thereafter, the Firm shall supply new certificates of insurance,
showing coverage in force„ whenever the policy lapses or is replaced by another policy.
ARTICLE I I I and TERMINATION OF AGREEMENT
Any nrrodification to this Agreement requires the express written consent of both parties.
Client shall have the right to terminate this Agreement or suspend performance thereof without
cause for the Client's convenience upon written notice to the Firm, and the Firm shall have the
right to terminate or suspend performance of Services upon written notice to the Client and upon
terns consistent with the hulas Regulating the Florida Bar and the Mate and Federal Mules of
Civil procedure,
ARTICLE - UNCONTROLLABLE FORCES
Neither the Client nor the Firm shall' be considered to be in default of this Agreement if delays in
or failure of performance shall be due to uncontrollable Forces, the effect of which, by the exercise
of reasonable diligence, the non-performing party could not avoid. The term "uncontrollable
Forces" shall mean any event which results in the prevention or delay of performance by a party
of its obligations under this Agreement and which Is beyond the reasonable control of 'the
non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms., lightning,
epidermic, war, riot civil disturbance, sabotage, and governmental actions (unless such
governmental action is the nonpayment of legal fees).
Neither party shall, however, be excused from performance if, nonperformance is due to forces
which are preventable, removable, or remediable and which the non-performing party could have,
with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable
dispatch, The non-performing party shall, within a reasonable time of being prevented or delayed
from performance by an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations o
this Agreement.
ARTICLE 9- DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laves of file Mate of
Florida. The prevailing party in any proceeding to resolve a dispute under this Agreement shall
be entitled to recover reasonable expenses, including attorney"s fees and costs..
ARTICLE 10 - NOTICE
Any notice required to be given under this Agreement shall be in writing and delivered by certified
mail, return receipt requested, to the other party as follows;
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For Monroe COUnty.- For the Firm:
Robert B. ShillInger, Esq. Gregory S. rope a, Esq.
Monroe County Attorney Oropeza, Stones, & Cardenas, PLLC
1111 121" St. Suite 408 221 Simonton Street
Key V Iest, FL 33040 Key West, FL 33040
Tel.: (305) 292-3470 Tel. (305) 294-0252
Fax: (305), 292-3516 Fax: (305) 294-7588
ARTICLE I I - ETHICS CLAUSE
The Firm warrants that it has not employed, retained or otherwise had acts on its behalf any
former Monroe County Code of or employee in violation of Section 2 oftrdinance 10-1990
or any current County officer or employee in violation of Section 3 of Monroe County Ordinance
10-1990. For breach or violation of this provision, the County may, at its discretion, tern-iinate this
Agreement without liability and may also deduct from the amount owed the full arnount of any fee,
commission, percentage, gift or consideration paid to the former or present County officer or
employee,
ARTICLE 12 -GOVERNING LAW
This Agreement shall be governed and construed by and in accordance with the laws of the State
of Florida.
ARTICLE 13 - RECORDS
The Firm shall maintain all books, records, and documents directly pertinent to performance under
this Agreement in accordance with generally accepted accounting principles consistently applied.
if an auditor employed by the County or the Clerk of Courts determines that monies paid to the
Firm, were spent for purposes not authorized by this Agreement, the Firm shall repay the monies
together with interest calculated pursuant to Section 55.03, F.S., running frown the date the monies
were paid to the Firm.
ARTICLE 14- FLORIDA PUBLIC RECORDS LAW
Per F,S, 119.0701, the Firm shall:
1, Keep and maintain public records required by the public agency to perform the
service.
2. Upon request from the public agency's custodian of public records, provide the public
agency with a copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise
provided by law,
1 Ensure that public records that are exempt or confidential and exempt from public
records disclosure 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,
4. Upon completion of the contract, transfer, at no cost, to the public agency all public
records in possession of the contractor or keep and maintain public records required by the public
agency to perform the service, if the contractor transfers all public records to the public agency
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upon completion of the contract, the contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the contractor
Deeps and maintains public records upon completion of the contract, the contractor shall meet all
applicable requirements for retaining public records. All records stored electronically must be
provided to the, public agency, upon request from the public agency's custodian of public records,
in a format that is compatible with the information technology systems of the public agency.
A contractor who fails to provide public records to Monroe County or pursuant to a valid public
records request within a reasonable time may be subject to penalties under section 119.10,
Florida Statutes,
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS CONTRACT, CONTACTTHE CUSTODIAN OF PUBLIC RECORDS
AT: BRIAN BRADLEY, C/O MONROE COUNTY ATTORNEY'S OFFICE,
1111 12TH ST., SUITE 408, KEY WEST FL 33040,
ff-m, CD-�02�Cquq!y:flA-Ry, (305) 292-34-70.
ARTICLE 15— MISCELLANEOUS
& F.S. 287.135: This contract is terminable at the option of the County if the firm is
found to have been placed on: the Scrutinized Companies that Boycott Israel List or is engaged
in a boycott of Israel.
13 Public Entity 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 a bid,
proposal, or reply on a contract to provide any goods or services to a public entity, may not
submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of
a public building or public work, may not submit 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 arnount 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.
C, Ethics Clause: The Firm warrants that it has not employed, retained, or
otherwise had act on its behalf, any former County officer or employee subject to the prohibition
of Monroe County Ordinance No. 010-1990 or any current County officer or employee in
violation of Section 3 of Ordinance No. 020-19910. For breach: or revIolation of this provision the
County may, in Its discretion, terminate this contract without liability and may also, in its
discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee,
(The remainder of this page intentionally left blank,)
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IN I , the Client andthe i sve executed this Agreement as of the day
and year first above written.
Firm Name MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
Gregorys Esq-
vid Rice
Title.- Managing r n r ayor
,e
Date; � � tem � -a-
ATTEST: KEVIN MADOK, CLERK
By:
As Deputy Clerk
Robert B.
w Shillinger ' � ' `
Approvedr legal sufficiency
Robert Shillinger, Monroe County
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Florida Approved Risk Management
7V_� /L ':YLV_4�
Lawyers 3-10-2021
INSURANCEFLMMutual
COMPANY
CERTIFICATE OF INSURANCE
This Certificate does not amend, extend or alter the coverage afforded by the policy.
This is to certify that the policy of insurance shown below has been issued and is in force at this time.
NAMED INSURED AND ADDRESS:
Oropeza, Stones& Cardenas, PLLC
221 Simonton Street
Key West, FL 33040
TYPE OF INSURANCE: LAWYERS PROFESSIONAL LIABILITY
POLICY NUMBER: 97435
POLICY TERM: 02/11/2021 to 02/11/2022
LIABILITY LIMITS: $1,000,000 Per Claim
$1,000,000 Total Limit
DEDUCTIBLE: $10,000 Annual Aggregate
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.
CERTIFICATE HOLDER: Monroe County COCC
1100 Simonton Street, Room 2-206
Key West, FL 33040
This Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder.
March 10, 2021
DATE OF ISSUE
o i i l o om oe i o e