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2022-043
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2022-043
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Last modified
4/21/2022 5:12:12 PM
Creation date
3/15/2022 1:26:51 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
03/01/2022
Control Number
2022-043
Agenda Item Number
13.A.
Entity Name
Attorney Jennifer D. Peshke
Subject
Agreement for Code Enforcement Board Legal Services
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AGREEMENT FOR CODE ENFORCEMENT BOARD LEGAL SERVICES <br /> THIS AGREEMENT, by and between Indian River County, a political subdivision <br /> of the State of Florida, ("County"), and Attorney Jennifer D. Peshke ("Attorney"), for the <br /> provision of legal services to the Indian River County Code Enforcement Board. <br /> WHEREAS, Section 162.05(5), Florida Statutes, provides, "[t]he local governing <br /> body attorney shall either be counsel to an enforcement board or shall represent the <br /> municipality or county by presenting cases before the enforcement board, but in no case <br /> shall the local governing body attorney serve in both capacities;" and <br /> WHEREAS, providing outside counsel to the Indian River Code Enforcement <br /> Board will preserve the custom of providing counsel to the Code Enforcement Board while <br /> enabling the County Attorney's Office to assist code enforcement staff; and <br /> WHEREAS, Attorney Jennifer D. Peshke is a member in good standing of the <br /> Florida Bar, and has experience concerning code enforcement and code enforcement <br /> boards, <br /> In consideration of the mutual promises contained herein, the County and the <br /> Attorney hereby agree as follows: <br /> 1. Attorney shall serve as legal counsel to the Indian River County Code <br /> Enforcement Board. As such, Attorney shall attend Code Enforcement Board meetings, <br /> provide legal advice to the Code Enforcement Board and review proposed orders. <br /> Attorney is not required to review minutes. <br /> 2. In exchange for her services, the County will pay the Attorney $225 for the <br /> first hour of each Code Enforcement Board meeting attended, and $175 for each <br /> subsequent hour or a pro-rated amount for fractions thereof at the same meeting and for <br /> follow-up work attendant to each meeting. However, for attendance at each scheduled <br /> Code Enforcement Board meeting attorney will be paid a minimum of $225 in the event <br /> the meeting lasts less than one hour or in the event that the day of the meeting there is a <br /> cancellation of the meeting for lack of a quorum. Attorney may submit monthly fee <br /> statements to the Indian River County Attorney's Office following her performance of <br /> services pursuant to this Agreement. <br /> 3. Either party may unilaterally terminate this agreement at any time for any <br /> reason by providing written notice of termination to the other party at least thirty (30)days <br /> prior to the effective date of such termination. At all times the Attorney shall be considered <br /> an independent contractor and the Attorney shall not be considered an employee or agent <br /> of the County. This Agreement is conditioned upon the Attorney being at all times a <br /> member in good standing of the Florida Bar. <br />
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