HomeMy WebLinkAboutItem P12 P12
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
February 19, 2025
Agenda Item Number: P12
2023-3696
BULK ITEM: No DEPARTMENT: County Attorney
TIME APPROXIMATE: STAFF CONTACT: Bob Shillinger
No
AGENDA ITEM WORDING: Approval of 1st Amendment to Professional Services Agreement
with Greg Oropeza and the Law Firm of Oropeza, Stones and Cardenas PLLC retroactive to November
1, 2024.
ITEM BACKGROUND:
Greg Oropeza and the law firm of Oropeza Stones and Cardenas PLLC have represented the County in
real estate related matters since January of 2021. This first amendment to the agreement updates the list
of time keepers to add attorney Audrey Perry and 2 paralegals and to delete attorney Kai Murphy and a
paralegal who are no longer with the firm. The hourly rates remain the same.
The proposed contract amendment is retroactive to November 1, 2024 in order to pay invoices for work
that has already been performed by the new timekeepers.
PREVIOUS RELEVANT BOCC ACTION:
1/21/21 (Item Q2) - the BOCC approved the initial agreement.
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
Adds 3 time keepers, deleted 2 time keepers. No rate changes.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
1st Amendment to Professional Services Agreement with Greg Oropeza and law firm of Oropeza
Stones and Cardenas.pdf
Greg Oropeza 0121 22.pdf
4379
FINANCIAL IMPACT:
None.
4380
1ST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
GREG OROPEZA AND LAW FIRM OF OROPEZA, STONES AND CARDENAS PLLC
THIS 1ST AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this
day of February 2025 retroactive to November 1, 2024, by and between MONROE
COUNTY, hereinafter referred to as Client, and GREG OROPEZA AND THE LAW FIRM OF
OROPEZA, STONES AND CARDENAS, PLLC, hereinafter referred to as Firm and/or the
Attorney.
WHEREAS, on the 211 day of January 2022 the Firm entered into an Agreement(Original
Agreement)with the Client to provide certain professional legal services; and,
WHEREAS,the Original Agreement between the parties specifies the names and rates of
authorized timekeepers; and
WHEREAS,the parties wish to amend parts of Article 3 of the Original Agreement in order
to update (new timekeeper's name and rate underlined; and former timekeeper name and rate
stricken through) the list of names of authorized timekeepers and their hourly rates as well as
hourly rates for associates and paralegals; and
WHEREAS, the parties specifically intend to have this amendment take effect retroactive
to November 1, 2024.
NOW THEREFORE, in consideration of the promises contained herein, the parties hereto
agree as follows:
SECTION 1. Article 3 of the Original Agreement is amended to read as follows:
ARTICLE 3 -COMPENSATION
FEES:
The following are approved timekeepers and their hourly rates:
Name Hourly Rate
Greg Oropeza $300 for advice and title opinions
Elizabeth Kehoe $250 for advice and title opinions
Audrey Perry
I�y�ogat ±±anhs yer 250 for advice and title o inions
$150 fer p I I
�� l-:1"V-IbCb
Tabor Noe 1150 for arale al services
Laura Besson 150 for arale al 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$250 per hour(associates)and$150per hour(paralegals),
respectively.
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[the names and billing rates of the additional timekeepers are underlined; the remaining portions
of Article 3 remain unchanged] mmITIT
SECTION 2. All other provisions of the January 21, 2021, Original Agreement,which are
not amended herein, shall remain in full force and effect.
For the firm,
Gregory Oropeza, Esq.
OROPEZA, STONES AND CARDENAS, PLCC
221 Simonton Street
Key West, Florida 33040
Attest: KEVIN MADOK, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:_ By:
As Deputy Clerk Mayor/Chair
MONROE COUNTY ATTORNEY
Approved as to form and legal sufficiency
By:
Robert B. Shillinger, Jr., County Attorney
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4382
Kevin Madok, cpA
............ 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'
4, )C.
SUBJECT: January 21 st BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Q2 Professional Senrices Agreement with Gregory Oropeza and the law fir-ni of
Oropcza, Stones, and Cardenas, PLLC.
Should }'ou have any questions please feel, free to contact nie 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,A- —- --3
305-294-4641 305-289-6027 305-852-7145 305-852-7145 4383
PROFESSIONAL SERVICES AGREEM Pik 'T
11-HS AGREEMENT ("Agreement") is made and entered into ltft 21 st day ()f January 2021, by
and between MONROE COUNTY, hereinafter referred to as Client, and Gregory Oropeza and
the Ilan w firrn of 0iropeza, Stones,, and Cardenas PLI-C, her6nafter referred to as the Firm and/or
the Attorney ,
VMEREAS, the Ment requires ceilain professioir4 iegal services; and:,
WHEREAS, the Firm represents that it is capaNe of 1providing SUCh Services:
NOW THEREFORE, in considier-aboin of the prornises contained heire4i, the parfies Thereto agree
as foHows:
AR11CLE 1 - EFFECTIVE DATE AND TERM
1"lhe effective date of this Agreement shaH be December 8, 2021, The Agreernent sIhall contirwe
in full for ar)d effect unfil terminated either by the Firrn or by the Ckent. Monroe COUnty's
ol)Higafion to pay its corihngent upon annu6l appropriation by,the Monroe COUnty Board of County
Cornrriissk')r'iers,,
ARTICLE 2 - SE RVICE TO BE PERFORMED
The Firrn shaH pro0de adv ce and iegai represen1ation with regard to reall estate advk;ie,
tiransactionrs, and title opinions as rrequested Iby the Monroe (.','0Unty Attot m,',q and SLIt.)ject to the
priior approval of the Firrn.
1'he (Rahn has conckicted a th=Ugh Anvesfigafion and determined that neKher' the F rirn nor its
attorneys has any ethical irripediment, reM or potentU, to represenfing the County, If any SUCh
rrnpedirnent arises, the Firry') shcflt imrnediaWy take steps required by Porida Bar rules to resolve
the conflict or w0idiraw from representation. If a conflict of interest arises that cannot be avoided
or mifig cat ed under 9ie Rules of Profess�onai Conduct of the lHerida Bar, Wie C'Mrity may, in its
discretion, (a) obtain reirnbursementfrorn the Rrrn: for 0 fees and costs p,'iid to the t lirrn in this
rTiatter; and (b) obtain canceHation of 0 fudher arTIOUnts aHegediy owed by the County to the
Firim,
ARTICLE 3 - COMPENSATION
FE E S:
The foHowing are approvecl fime-keepers and their hOUrly rates�'
Name Hourly Rate
Gregory Oropeza $300 f()r advice and title opfi"0ons
EHzabeth IKehoe $250 for advk;,e and Utle opink'm
Kai MUrphy $250 for ad0ce and fiHe opr'ru'orls
Patr16a Gcanister $150 for para egal services,
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$475 per real estate transaction as the cost of
ciosing
in afttion to the above, associates arrd pairalegais irnay be assigried Iby the F rrri to work orl
Monroe County niatters at the rates of $ ......... (assocates) and $.......... (paralegals), re,,spectively.
The irMW hme-keepers approved by the County are listed above, This Hst of fi me-kee per's may
be amended from firne to time (inCkJ&1I(,,I for the addffion or d6efioin ofinarnes, or PrVIOVIDn of as
tJrne-keeper from A&socWe to Partiner) upon thne piric)r written approval of the Monroe COUnty
Attorney. In the event that fime-keepers are added, their Nillng rates s'Iali be shown, above, as
may be air ended frorn tarn e to tirne,
cos-r&
"I, Travel expenses will be reirnbursed nn accordance n ith and at the rate set forth iIn the
appHcable provisions for. "approved travelers" in the Monroe County Code, and MH be
st,irnirnarized on the Monroe County Travel Form Mh all ran pphcabie receipts anttaached,
2 Other reimbt,jrsaNe expenses wiH inchide courl filing fees and costs, Mtnes fees
(including experts and consuftants) and COUIrt reporter fees,,
3, All other costs wM bie non-renrnbuirsaNe, �rtcluding but nM iln,ifted to Ipostage (includiing
overnnght rnaH), pi,,notocopres, faicsirn0es, telephone chl ar'ges, c.OUrier charges, and u)rnlPlUterized
research.
RETANER
A retainer-MIHI not be required,
BILUNG
...................-
All invoices shaH be sent to the Ckent on as monthly basis. All anv6ices shaH be pald in acoordanci(,,,
with Florida I-ocai Government Prompt Payment ACt Urdess there are 6sputed charges. AH Itaulllnag
sl"iall be done in 10 hour iricrerneints,,
Each invf,:dice Mil list the names of Pie attorneys or, pairalegais working on eadh matter and the
arnWnt Of tirrie expended on the rnatter It each attorney or pairalegall, on a dafly basls, with as
short descrlpfion of the work peirfon7ied for ffiat biiHng entry. Each hivoice MI be submitted with
supportirig docurnentation in a forrn accepfaNe to the Cferk of Couft, based on geinerafly
acGepted accourfing principles, and such laws, nAes and regulations as may govern the Glerk's
cfisbiarsal of fi unds.
The Ciientwlfl receive early and frerquent evaUation of afl cases. if the cHent is not Hk6ly to tare vaH
in litigafloin, in the Fk"rn's reasonable estirnation, the Chent MI be advnsed in order to minirnize
hfigation costs, and settle the case.
ARTICLE 4 - STANDARD OF CARE
The Firm shaH exer-cise the sarne degree d�)f care, skill, arid dHigence irn the per of the
Services as is ordinahly provided by AttoirrieyS Urider sirriflar circunistances and the Firm shafl, at
no addihonal cost to the Chent, re-perfur-rn services which faH to salMy the foregoing staridard of
care.
ARTICLE 5 - COMPLIANGE WITH LAWS
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4385
In perk,)rrnance of the Services, the Rrm will coirnp[y with applicable regulatory requirernents
inckidkig federal, state, and lor,°na paws, ruJes regWaUOfIS, oriders, codes, criteria airld Standards.
ARTICLE 6 - INSURANCE
During the perforinance of the Services under fl,ft Agreement, the Firm shaH maintairl
Professloin,M [JaNlit,y Insurance, which shMl be written by an inSUran(,',e coirr pain autho6zed to do
busirness 41 f1orlida, 1'his insurance shalt' provkde coverage against such iiabMty re!Uflting from fl)�s
Coritract. The rrflnirnurri krriits of coverage shaH be $25,0,000 per,ciairn and $500,000 aggregate,
Certificates of nn isurance stmwiing coverage urn the arriotints shown above is in fbrce sl'uaH be
sUbirnitted at the firne of tNtW exect,ition of the Agreenilent by both parfies. The Rrm st-4111 Mainta4'i
coverage in force at alt tirnes. Thereafter, the Rrun shail suppty inew certificates Of ii'ISUraince,
showing coverage in force, wheriever the poky t,apses or is replaced by another pollcy.
ARTICLE 7 -- MODIFICA TION and'TERMINATION OF AGREEMENT
Any rnodification to this Agreement requires the express w6tten consent of both pzirfies.
Clierit shail have the right to terrritnate this Agreement or suspend perforrinance thereof witl"IOUt
cause for the C'1tent's convenience upon written riotice to the Rrirn, and the Firm shafll have the
right to terminate or suspend Ipedormance of Services upon wrftter'i notice to the Ckent and Ut)Oin
terrns consisterM with the Rutes RegWafing the Florida Bar arid the State and Federal Rr,,fles of
DO[ Prociedure.
AUICLE 8 - UNCON-rROLLABLE FORCES
Neither tlt'ie Ckent nor the Fir,rn sha lJ be considered to be in defaUlt of Uhis Agreement if: delays in
or faikee of perfr,nrrnance shafl be(.1kie to Uncontrollable 16=orces, the effelot of Wilrkh, by the exerda.ie
of' reasormNe diligence, the non-perforrning party COLM riot avoid. "rhe tern'i "L.JncoritroHable
Forces" shaIl mean any event Mflch resiufts 6n the prevenlJon or d6lay of performance by a party
of its obHgaflons under Chis Agreeaiei it and whk;h ts beyomJ the reasonable contr,6 of Pie
non--perfonn n ng parly. It tinckjdes, but is not hnifted to fire, f600d, earthqUakes, st()rms, fightnJkig,
epidernic, war, irlot, ctvii distuirbancle, sabotage, and governn,-iental a(,;fions (unless siurJ,n
governmental acfion is the rionpaynient of legal fee),
NeMier party shall, however, be excused friorn pefformance if noriper-forrnance us due to forces
whidi,,n are prewernable, rernovaUle, or remediable and which the nort-perfornntng party could have,
with the exerr,-.ise of reasoriaible diligence, prevented, rernoved, or rerne6ed with reasonabie
dispatch, The non-perforirning Iparty shaH, wilthin a reasonaNe time of befiig prevented or delayed
frorn performancle by W1 LjrncontroHaWe force, give written notice to the other party describing the
circurnstances and uncontr(,.)ila[,)1e forcic,-,,u,s prevenfing WrltlrlUed per formiance of thf,s oNgations of
tHs Agreement.
ART11C,LE 9- DISPUTE RESOLLITION
This Agreerru-nmt shaH be governed by and CWISVUed un accordance Mth the laws of the State of
Florida, The IprevaiHng party lin any proceeding to resolve a dispute ur.na er fts Agreen'lent shaH
tie entitled to recover reascmaNe expenses, ln&6ng attc)rney's te1E-,,,s arid costs.
ARTICLE 10 - NOTICE
Any inotice requwredto be given kinder t[Os Agreeaient shaH be in wrifirig and d0ivered by cerfifled
rnaH, rehjirni receipt requested, to the other party as follows:
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4386
For Monr re County., For the Firm-
Robert B. ShHHirgc-,,r, Esq, Gregory S. Dropeza, Esq,
Morime County Attorney Oropeza, Stones, & Cardenas, PU..0
1,111 12111 St, Suite 408 221 &rroriton Street
Key West, FL 33040 Key West, FL "313040
Tel. (305) 292-3470 Te . (305) 294-0252
Fax: (305) 292-3516 Fax" (305) 294-7588
Ai?,'ncLE 11 .-- E-nrucs CLAUSE
I he Firm warrants that it Ihas riot eirnployed, retained or otherMse had acts on its behalf any.
former Morime COUnty Code officer or emp4oyee 4-r vice ation of Section 2 of Ordinance 10-1990
or any current Courrty officer or errip4oyiee 41 vVafion of Sectiori 3 of Monroe Courity Ordinance
10-1,990. For breach or vioWion of tMs pri()ViSloin, the County may, at its discretioin, terminate tNws
Agrc,'�;ement wiffiout HabiMy and imay also deduct froni the aMOLfllt owed the fuH aIrTIOLJint ofany fee,
A m eCofficer orcornmission, p , s pr
ernp4oyee.
ARTICLE 12 -- GOVERNING LAW
This Agreernent shafl be governed and construed by and in accorcJance with the laws ofthie State
of F'iorida.
ARTICLE 13 -- RECORDS
'The Firim ,;hall rnarntatn aH b(,)oks, rev,)irds, and documents r lrectl Ilrucrrflinent to perfoiri-naince under
V"iis Agrelerrient in accordance with gerierally accepted aCCOUnifing p6ric#es consisteinfly appHed.
If an au6tor efflpk yed by the Couirity or the C. erk Of COUrtS (Jeteirnmiines that rem orires p,,,1id to the
Firm, were spent for purposes riot aUthoruzed by this Agreement, the Rimn shall repay the monies
together vdth interest calcUklted PVSUarit to Section 55.03, F,S., ruinning firorn the date the rnonies
were paid to the HaTt,
XUICLEU— FLORIDA PUBLIC RECORDS I-AW
�Perr F.S, 119,0701, the Firm shaH:
1. Keep and inar ritain pubkc. records re red by the p�,jbfic agenicy to perforr-ri the
sef-vice,
2, Upon re(JUest from the IPUbfic agency's (.-,uslo6an of piuMc. riecords, provide the PUbfic
agem,yi with a iropy y of the requested records or aHow the recordsto be inspected oir car pkad willikil
a reasonaNefirne at a cost fll'iat does not exceed the cost pro0ded in this chapter or as otherMse
provided by law.
3. Ensure that pubkc records Heart are exeryipt or c.onfidentiat and exenrrpt from pubfic
records disdlosi.,rre recjtilrernents are rriol disclosed except as authhoirized by law for the dUirafion of
t1i',re coritract terr'n and frAoMng cornpl'iefior, of the contract if fli,iie contractor does riot transfer ihe
records t�o the pubHc agency,
4,, Upon completion of the coritract, transfer, at no cost, tio the pubHc agency aH pubk
records in possession of the contractor or keep and maintan public records required by the pubk
agericy to pzrerforrn the seRke. If the contractor transfen-s all pubHc records to firlf� PUbk agency
4
4387
upon cornplehon of the contract, the contractor shafl destroy rainy dUpkate public recir.,,)rds that are
exeimpt or confideinfiW and exempt from PUblic records disctosur,e riu�,,qtfirernerlts, ff the c(.,)ntractor
keeps and fllairlta4IS PUblic records upon cornpQeflon of the clontrzact, the contu,,,ictor shWl meet aH
applicable reqWren,ients for retainhig pubko records, All records stored e�ectronicWly niust Ibe
provided to the pubk agency, upon requestfirorn the PUbHc agency's Wstodian Of taUbtrl irecords,
in a form atthat is cornpafible with ffie informatioin techn6ogy systems of thie �)Ubiic,agency,
A contractor who fa Hs to provWe public records to Monroe Colunty or pursuant to a vaHd pubk
records request within a re ass naWe time may be SUbject to penaffies under section, 119.10,
RoMa Statutes,
IF THE CONTRAuOR HAS QUEST10NS REGARDiNG 'THE
APPLICATION OF GFIAPTER 119, FLORIDA STATUTES, 1-0 --I-�HE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
,rHIS CON-rRACT, CONIACT THE CUSTODIAN OF PUBL.1C RECORDS
AT: �BRIAN BRADLEY, C/O MONROE COUNTY XrTORNEY'S OMICE,
I'll I 12TH ST., SU1TE 408, KEY WEST FL,. 33040, b ad e
,q,�iTioiiroecourity- !,,,,,B,,,gLy, (305) 292-13470.
ARTICLE 15—MISCELLANEOUS
A. F.S. 287.135 "Phis contract is terrininWe at the option of the CourAy H the firn"i �s
fbund to have been Ip aced on the Scrutinized Cornpainies that Bqycott lsrael Ust or i ngaged
en as boycott of IsraeL
R Pubfic Entity Cdme StaternenL A per cairn or affHiate who has been p aced or) ft-le
conv�lcted vendoir fist fofloMng a conviction fOrpUblic &r1fity a6n"ie may nniot subirnit a. bid,
piroposat, or rep y on a contract to prc.�)vide any t,,pods or services to as public entiity, rnay not
SUbnift as M, proposal, oir reply on as contrac;l with as pubk entrty for the coinstruction or repair of
a pubk bUiUng oir t)ODUC work, may not submit bids on tieases of reW property to pubk, entity,
amy rmt Ibe awarded or perform work as a contractor, sulpr,)Her, SlUbcontractor, or consultant
LflldW a contract w0i any PUblic entity, and may not trariu�aict bLASMess with any PUL)Hc entity an
excess of the threshold airnount proOded in Section 2�8 "",1017, for- CATEGORY I WO for a period
of 36 rnonths frorn the date cyf beurig placer on the convk,,ted venidor list,
C, EV,ks Owise: "The Rrrn warrants that it has not enipi(.,qed, retained, or
otherMse had act warn fts behWf, any former County officer or ernlployee subject to the proHbition
of Monroe Couinty Or6nance No, 010-1990 or,any current CC)Ulrnty officer or ernployee in
v6r ation of Section 3 of Ordlrwce No. 020-1990, For Lveach or rev�oWion of tHs provision the
County inay, iri fts discrehon, terrn4'iate ten s MrltraCt MthOUt Habilltyand may also, trn its
discretion, deduct frorn the contract or PUrchase price, or otherWse recover, the to arnount of
any fee, cornmissiori, percentage, gift, or consideration paid to the ft-)rriner County officer oir
ernployee,
(The rernakider of this page intenfloriaHy Mt Iblank)
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4388
IN wi,,,rNI HI I , the Client and the Finn have executed this Agreement as of the day
and year first alcove written.
Firm Name MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
u 104
•'
° mum 1 v �$
v
Nar aee Cregcuiy S. t rope ,a, Esq. w �
did dice
T1 e. Managing Partner � aycr
Dated m ate ,y,. Ott 1-0
KEVIN MADOK, CLERK
s Deputy Clerk
Robert B. ��4 DURAV bldhn bvilil � ONM
: ,..�
S h i l l i n g e r , ���x
Approved as to form and legal sufficiency
Robertii i r„ Monroe County Attorney
4389
Approved Risk Management
IIII IIIII 7_�� /L ':Y&Iola
III 3-10-2021
INSURANCE111M11111111111111111 Mutual
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
TIPE, DATE OF ISSUE
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