HomeMy WebLinkAbout2010-153 - 02 - / 0
80
QD / D - 1,� 3
AGREEMENT FOR CODE ENFORCEMENT BOARD LEGAL SERVICES
THIS AGREEMENT , by and between Indian River County , a political
subdivision of the State of Florida , ( " County" ) , and Attorney Wayne R . Coment
( "Attorney " ) , for the provision of legal services to the Indian River County Code
Enforcement 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 by presenting cases before the enforcement
board , but in no case shall the local governing body attorney serve in both
capacities ; " and
WHEREAS , providing outside counsel to the Indian River Code
Enforcement Board will preserve the custom of providing counsel to the Code
Enforcement Board while enabling the County Attorney' s . Office to assist code
enforcement staff; and
WHEREAS , Attorney Wayne R . Coment is a member in good standing of
the Florida Bar , and has considerable experience representing code enforcement
boards ,
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
Code Enforcement Board . As such , Attorney shall attend Code Enforcement
Board meetings , provide legal advice to the Code Enforcement Board and review
and draft proposed orders .
2 . In exchange for his services , the County will pay the Attorney $ 181
for the first hour of each Code Enforcement 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 Code Enforcement 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 . This Agreement shall be on a month to month basis . 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
1
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 .
IN WITNESS WHEREOF , the County and the Attorney execute this
Agreement as follows :
Attest : J . K . Barton , Clerk INDIAN RIVER COUNTY
aa°p060� ZOW1NI
jft
By
a
Y >• •: o
eputy Clerk Peter D . O ' Bryan , Chair an
Obi• •• o� , � � °
Date : June 22 , 2010 '°•��'/'(,•�``�aaacou
• �, �a°
r . YN. •
Attorney :
4WaR . Coment
Date :
Approved :
By ,
Josep A . Baird
County Administrator
Approved as to form and legal
Sufficiency :
By _
Alan S . Polackwic ,
County Attorney
2