HomeMy WebLinkAbout2026-067AGREEMENT 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 Don H. Nguyen, Esq. and Attorney Ryan
Fong, Esq. of DHN Attorneys, PA ("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, Attorneys are a members in good standing of the Florida Bar, and
have 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
in person, provide legal advice to the Code Enforcement Board and review, sign and
return proposed orders within 48 hours of receipt using county provided fed ex envelope.
Attorney is not required to review minutes.
2. In exchange for their services, the County will pay the Attorney for all Code
Enforcement Board meetings attended in person that are an hour or less in time the
amount of $700, this shall be inclusive of the first hour of the meeting and travel time to
and from meeting. For each Code Enforcement Board meeting attended in person that
last longer than an hour there shall be a pro -rated amount for fractions of the hourly fee
of $200 per hour added on to the initial $700 dollars for the first hour and travel. In the
event that the day of the meeting there is a cancellation of the meeting for lack of quorum,
attorney will be paid $350. Remote attendance at any meetings will be billed only for time
of the meeting, at a rate of $200 per hour. Attorney may submit monthly fee statements
to the Indian River County Attorney's Office following their 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.
6. Attorney certifies that it and those related entities of Attorney, as defined by
Florida law are not on the Scrutinized Companies that Boycott Israel List, created
pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel.
County may terminate this Contract if Attorney, including all wholly owned subsidiaries,
majority-owned subsidiaries, and parent companies that exist for the purpose of making
profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List
or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes.
7. Attorney will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for
the duration of this agreement, as required by Section 448.095, F.S.
IN WITNESS WHEREOF, the County and the Attorney execute this Agreement as
follows:
INDIAN RIVER COUNTY
Date,Approved: April 7, 2026
I
41z—
JAn A. Titkanich, Jr., County
Administrator
Attorn
Approved as to form and legal
sufficiency: ..,
, evJennifer W. Shuler, County Attoffieyl ,�/ °'��•,
Deryl Loar, Chairman
ATTEST: Ryan L. Butler, Clerk of*- ;.FR�ouNr+•��Q'.
Court and Comptroller
By: 1�Jt 4JA tA ri
Deputy Clerk