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715-20UL <br />AGREEMENT FOR ENVIRONMENTAL CONTROL HEARING BOARD <br />LEGAL SERVICES <br />THIS AGREEMENT, by and between Indian River County, a political subdivision of the <br />State of Florida, ("County"), and Attorney Jennifer D. Peshke ("Attorney"), for the provision of <br />legal -services to the Indian River County Environmental Control Hearing Board. <br />14EREAS, Section 162.05(5), Florida Statutes, provides, "[t]he local governing body <br />attorire shall either be counsel to an enforcement board or shall represent the municipality or <br />county, by- presenting cases before the environmental control hearing board, but in no case shall <br />..the•�goveming body attorney serve in both capacities;" and <br />WHEREAS, providing outside counsel to the Indian River Environmental Control <br />Hearing Board will preserve the -custom of providing counsel to the Environmental Control <br />Hearing Board while enabling he County Attorney's Office to assist environmental health <br />enforcement staff; and <br />WHEREAS, Attorney Jennifer D. Peshke is a member in good standing of the Florida <br />Bar, and has experience concerning public health, environmental control and environmental <br />control hearing board. <br />In consideration of the mutual promises contained herein, the County and the Attorney <br />hereby agree as follows: <br />1. Attorney shall serve as legal counsel to the Indian River County Environmental <br />Control Hearing Board. As such, Attorney shall attend Environmental Control Hearing Board <br />meetings, provide legal advice to the Environmental Control Hearing Board and review and draft <br />proposed orders. <br />2. In exchange for her services, the County will pay the Attorney $181 for the first <br />hour of each Environmental Control Hearing Board meeting attended, and $100 for each <br />subsequent hour or a pro -rated amount for fractions thereof at the same meeting and for follow- <br />up work attendant to each meeting. However, for attendance at each scheduled Environmental <br />Control Hearing Board meeting attorney will be paid a minimum of $181 in the event the <br />meeting lasts less than one hour or in the event of cancellation of a meeting for lack of a quorum. <br />Attorney may submit monthly fee statements to the Indian River County Attorney's Office <br />following his performance of services pursuant to this Agreement. <br />3. Either party may unilaterally terminate this agreement at any time for any reason <br />by providing written notice of termination to the other party at least thirty (30) days prior to the <br />effective date of such termination. At all times the Attorney shall be considered an independent <br />contractor and the Attorney shall not be considered an employee or agent of the County. This <br />Agreement is conditioned upon the Attorney being at all times a member in good standing of the <br />Florida Bar. <br />4. The Attorney shall comply with and perform all work in accordance with the <br />Florida Bar Rules of Professional Conduct. <br />