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AGREEMENT FOR ENVIRONMENTAL CONTROL HEARING BOARD <br />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 Environmental Control Hearing <br />Board. <br />WHEREAS, Section 162.05(5), ;71orida 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 Environmental Control <br />Hearing Board will preserve the custom of providing counsel to the Environmental Control <br />Hearing Board while enabling the County Attorney's Office to assist Environmental <br />Control Officers; 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 <br />Environmental Control Hearing Board. As such, Attorney shall attend Environmental <br />Control Hearing Board meetings, provide legal advice to the Environmental Control <br />Hearing Board and review proposed orders. 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 Environmental Control Hearing Board meeting attended, and $175 for <br />each subsequent hour or a pro -rated amount for fractions thereof at the same meeting <br />and for follow-up work attendant to each meeting. However, for attendance at each <br />scheduled Environmental Control Hearing Board meeting attorney will be paid a minimum <br />of $225 in the event the meeting lasts less than one hour or in the event that the day of <br />the meeting there is a cancellation of the meeting for lack of a quorum. Attorney may <br />submit monthly fee statements to the Indian River County Attorney's Office following her <br />performance of 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 />102 <br />