HomeMy WebLinkAbout2022-043 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 Jennifer D. Peshke 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, 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 proposed orders.
Attorney is not required to review minutes.
2. In exchange for her services, the County will pay the Attorney $225 for the
first hour of each Code Enforcement Board meeting attended, and $175 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 $225 in the event
the meeting lasts less than one hour or in the event that the day of the meeting there is a
cancellation of the 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 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.
5. In Attorney's absence, Attorney may appoint an attorney employed by
Attorney to perform such duties under this Agreement, however, such appointed attorney
shall be a member in good standing with the Florida Bar with at least three years of
experience. Attorney shall supervise such appointed attorney. In instances in which the
appointed attorney does perform work under this Agreement, Attorney will not charge
County for work performed by both Attorney and the appointed attorney, such as
communications between the two, or review by Attorney of work performed by the
appointed attorney.
IN WITNESS WHEREOF, the County and the Attorney execute this Agreement as
follows:
ATTEST: Jeffrey R. Smith, Clerk of
Court and Comptroller INDIAN RIVER COUNTY •
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çclerk By: :o '
Peter D. O'Bryan, C irmai�,o9•, r
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Approved by BCC: March 1 , 2022
Date Approved: 3// Z�
A.
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Jason E. Bro n, County dministrator WatiA
Je'nifer D. Pe 'ke
Approved as to form and legal
sufficiency:
ylan Reingold, County Attorney