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AGREEMENT FOR ENVIRONMENTAL CONTROL HEARING BOARD LEGAL SERVICES THIS AGREEMENT, by and between Indian River County, a political subdivision of the State of Florida, ("County"), and Attorney Jennifer D. Peshke ("Attorney"), for the provision of legal services to the Indian River County Environmental Control Hearing Board. WHEREAS, Section 162.05(5), Florida Statutes, provides, "[t]he local governing body attorney shall either be counsel to an enforcement board or shall represent the municipality or county.bylpresenting cases before the environmental control hearing board, but in no case shall the h5caF"governing body attorney serve in both capacities;" and WHEREAS, providing outside counsel to the Indian River Environmental Control Hearing Board will preserve the custom of providing counsel to the Environmental Control Hearing Board while enabling the County Attorney's Office to assist environmental health enforcement staff; and WHEREAS, Attorney Jennifer D. Peshke is a member in good standing of the Florida Bar, and has experience concerning public health, environmental control and environmental control hearing board. In consideration of the mutual promises contained herein, the County and the Attorney hereby agree as follows: 1. Attorney shall serve as legal counsel to the Indian River County Environmental Control Hearing Board. As such, Attorney shall attend Environmental Control Hearing Board meetings, provide legal advice to the Environmental Control Hearing Board and review and draft proposed orders. 2. In exchange for her services, the County will pay the Attorney $181 for the first hour of each Environmental Control Hearing Board meeting attended, and $100 for each subsequent hour or a pro -rated amount for fractions thereof at the same meeting and for follow- up work attendant to each meeting. However, for attendance at each scheduled Environmental Control Hearing Board meeting attorney will be paid a minimum of $181 in the event the meeting lasts less than one hour or in the event of cancellation of a meeting for lack of a quorum. Attorney may submit monthly fee statements to the Indian River County Attorney's Office following his performance of services pursuant to this Agreement. 3. Either party may unilaterally terminate this agreement at any time for any reason by providing written notice of termination to the other party at least thirty (30) days prior to the effective date of such termination. At all times the Attorney shall be considered an independent contractor and the Attorney shall not be considered an employee or agent of the County. This Agreement is conditioned upon the Attorney being at all times a member in good standing of the Florida Bar. 4. The Attorney shall comply with and perform all work in accordance with the Florida Bar Rules of Professional Conduct.