HomeMy WebLinkAbout2011-103 05031 )
66E .
AGREEMENT FOR CODE ENFORCEMENT BOARD LEGAL SERVICES A 0 JI - 1p3
THIS AGREEMENT , by and between Indian River County , a political
subdivision of the State of Florida , ( " County" ) , and Attorney David L . Hancock
( "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 David L . Hancock ': s a member in good standing of
the Florida Bar , and has experience concerning code enforcement and 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 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
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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 .
5 . 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 . arto , Cl k INDIAN RIVER COUNTY
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BA By ° oJ:
De y Clerk Bob Solari , Chairman a tj:' : *;a
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Date : 05 - 03 - 11
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Attorney :
David L . ancock
Date : LlIl8I
Approved :
By ),nx, n ink
Jose h A . Baird
County Administrator
Approved as to form and legal
Sufficien
By
Alan S . Polackwich , Sr .
44'0 County Attorney
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