HomeMy WebLinkAbout2014-084AG-JO2oJ9:
13.3.
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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 Jennifer D. Peshke ("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 is 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, County and 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 her services, County will pay 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 her 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 termmation to the other party at least thirty (30) days prior to the
effective date of such termination. At all times Attorney shall be considered an independent
contractor and Attorney shall not be considered an employee or agent of the County. This
Agreement is conditioned upon Attorney bemg at all times a member in good standing of the
Florida Bar
4. Attorney shall comply with and perform all work in accordance with the Florida
Bar Rules of Professional Conduct.
M:IGENE AL1COMMUMITYDEVPLOPMENTCode Enf .rementCEB Any Agnnt (Peshke) 2dx
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IN WITNESS WHEREOF, County and Attorney execute this Agreement, as follows:
ATTEST: Jeffrey R. Smith Clerk of
Court and Comptroller
Deputy Cler
Approved:
oseph/A Baird, County Administrator
M:\GEIVERALICOMMUNITYDEVELOPMENTCode Enforrerneni.CE13 Any Agent (Peshke) 2.tkx
BOARD OF COUNTY COMMISSIONERS,
INDIAN RIVER COUNTY, FLORIDA
( `County")
By:
Peter D. O' Bryan Chairman
Approved by BCC:
,Tune 1 n
Approved as to form and legal sufficien
ylan Reingold, County Attorney
JENNIFER D. PESHKE ("Attorney")
ifer D. Pes
Dated this (e , day of June, 2014.
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