HomeMy WebLinkAbout2015-098 (2)715-20UL
AGREEMENT FOR ENVIRONMENTAL CONTROL HEARING 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 Environmental Control Hearing Board.
14EREAS, Section 162.05(5), Florida Statutes, provides, "[t]he local governing body
attorire shall either be counsel to an enforcement board or shall represent the municipality or
county, by- presenting cases before the environmental control hearing board, but in no case shall
..the•�goveming body attorney serve in both capacities;" and
WHEREAS, providing outside counsel to the Indian River Environmental Control
Hearing Board will preserve the -custom of providing counsel to the Environmental Control
Hearing Board while enabling he County Attorney's Office to assist environmental health
enforcement staff; and
WHEREAS, Attorney Jennifer D. Peshke is a member in good standing of the Florida
Bar, and has experience concerning public health, environmental control and environmental
control hearing board.
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 Environmental
Control Hearing Board. As such, Attorney shall attend Environmental Control Hearing Board
meetings, provide legal advice to the Environmental Control Hearing Board and review and draft
proposed orders.
2. In exchange for her services, the County will pay the Attorney $181 for the first
hour of each Environmental Control Hearing 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 Environmental
Control Hearing 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. 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 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, Environmental Control Board and Attorney execute this
Agreement, as follows:
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller
ENVIRONMENTAL CONTROL B
INDIAN RIVER COUNTY, FV
("County") rsv
� - i BY
Qe�Jd o;
By: // Peter D. O'Bryan, Chairman V Ni
Deputy Clerk
Approved:
Approved by ECB: July 15 2014.
Approved as to form and legal sufficiency:
a, r\,o Q&,j f.V4 -
1)4—seph—Al. Baird, County Ad 'nistrator an Reingold, County Attorney
JENNIFER D. PESHKE ("Attorney")
U&w� //) i � 4
Jen fer D. PIG
Jul'
D ted this �', day of 2014.