LEGAL SERVICE AGREEMENT
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
BLAIN AND CONE, P.A.
THIS AGREEMENT made and entered into this 1st day of October 1979,
by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation of the State of Florida hereinafter referred to as the
"DISTRICT," and BLAIN AND CONE, P.A. a professional association of Florida,
hereinafter referred to as "COUNSEL."
W I TN E S S E TH:
WHEREAS, the "DISTRICT" Is empowered by Chapter 373.079(5), Florida
Statutes, to employ a legal staff for the purposes of providing legal
counsel on matters relating to the exercise of its powers and duties,
representing it in all proceedings of an administrative or judicial nature,
and otherwise assisting in the administration of the provisions of Chapter 373,
Florida Statutes; and
WHEREAS, the District Governing Board on September 5, 1979, approved the
retainage of "COUNSEL" to represent the "DISTRICT" in legal matters
and designated Lester M. (Buddy) Blain to be General Counsel and in
charge of the District Legal Department and its staff; and
WHEREAS, the District Governing Board approved, on September 5, 1979, District
Policy No. 211-006 entitled District Legal Services establishing the guidelines
for the employment of "COUNSEL" and the designation of a General Counsel
to be in charge of the District Legal Department and provide legal services
to the District Governing Board, Basin Boards and Staff as authorized by and
required in the accomplishment of "DISTRICT" responsibilities under
Chapter 373, Florida Statutes.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
herein contained, and for other good and valuable consideration, the "DISTRICT"
and "COUNSEL" agree as follows:
1. "COUNSEL" agrees to provide legal services and representation
in carrying out the District and Basin Boards duties and responsibilities, and
designates Lester M. Blain as General Counsel of the "DISTRICT" who will
supervise the legal functions of the District Legal Department.
2. "COUNSEL" agrees that Lester M. Blain as General Counsel will provide
for overall supervision of and maximum utilization of the full time legal
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3. "COUNSEL" agrees to provide legal services covering the following
(a) Administrative matters wherein General Counsel will supervise
the operation of the District Legal Department and its staff, review
the routine legal work accomplished and performed by the Legal
Department; and provide general legal counselling and advice to
the District Governing Board and Basin Board Members, Executive
Director and Staff on "DISTRICT" matters having legal ramifications
which are not directly related to any other specific areas referred
(b) Litigation and Appellate services on any "DISTRICT" matters not
directly related to any other legal service responsibilities
specified herein provided it is authorized by the Governing Board,
Chairman of the Governing Board or Executive Director.
(c) Land services associated with "DISTRICT's" acquisition and
disposal of land, right-of-ways, easements, mineral rights and
related activities as authorized by the Governing Board, Chairman
of the Governing Board or Executive Director.
(d) Regulatory Services requiring legal assistance and guidance
in the drafting, development, presentation, adoption, implementation and
enforcement of permitting procedures, permits, rules and orders;
guidance in the legal procedural presentation of regulatory matters
by the Staff; attendance and legal counselling at regulatory meetings
and hearings; and legal assistance and guidance to the Governing Board,
Executive Director and staff in regard to regulatory matters.
(e) Governmental Services associated with legislative liaison
functions and the work of developing, reviewing, coordinating and
processing legal matters applicable to accomplishing "DISTRICT"
responsibilities and duties in connection with other governmental
entities or agencies of the state or federal government provided
such services are authorized by the Governing Board, Chairman of
the Governing Board or the Executive Director.
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(f) Board Meeting Services involving the attendance at board
meetings and workshops where such attendance is to provide general
legal advice and not related directly to any other legal service areas.
(g) Contractual Services involving legal advice in any work accomplished
in administering contractual arrangements with other law firms and
for specialized legal services.
4. The "DISTRICT" and "COUNSEL" mutually agree that:
(a) Procedures will be established for delegation of legal responsibility
for specific legal work areas to the Legal Department Staff and for
routine consultation on "DISTRICT" legal matters between General Counsel
and the Executive Director.
(b) The duties and responsibilities of General Counsel and the
District Legal Department will be limited to the legal aspects of
the District functions, leaving the technical decisions and
recommendations being the responsibility of the District's Executive
Director and staff.
(c) The Executive Director and General Counsel will develop jointly
written procedures for the administration and management of the District
Legal Department assigning specific legal duties and final responsibility
on certain matters to members of the Legal Department and establishing
coordination arrangements for accomplishment of District legal activities.
(d) All assignment of legal work to be accomplished by General Counsel
or his firm or other law firms will be done through contractual agreements
between such firm or firms and the District for said service and, as
necessary by formal District Governing Board action.
(e) The "DISTRICT" will enter into contractual arrangements with a
law firm(s) to provide legal expertise and specialized legal services in
labor law, employee relations and other specific labor relations fields
of law. These contractual arrangements for such legal services will
be as authorized by the Governing Board, Chairman of the Governing Board
or the Executive Director provided the firm(s) to be utilized are
determined by the District Governing Board. However, COUNSEL will be
kept informed of legal activities and work in these areas.
5. The "DISTRICT" and "COUNSEL" agree that the term of this agreement
shall be for one year commencing on October 1, 1979 to September 30, 1980.
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6. The "DISTRICT" and "COUNSEL" further agree that the employment by the
"DISTRICT" is on hourly fee basis for the authorized legal services rendered,
and shall be at the rates shown on attached Exhibit "A". Hourly fees applicable
to any additional personnel of Blain and Cone will be commensurate with the
rates listed above based on experience. The hourly fees shall include all
administrative and overhead expenses but not travel, per diem and subsistence
for travel which shall be allowed in accordance with Section 112.061, Florida
Statutes, or out of pocket expenses incurred in connection with District work
which shall be reimbursed when substantiated by copies of receipted bills.
All charges for photocopies of paper required on District business is to be
at the rate of ten cents per copy.
The "DISTRICT" when appropriate, may provide complimentary transportation
and supply a limited number of special billing telephone credit cards for
"DISTRICT" business plus airline and car rental cards for General Counsel and
members of the firm for use on "DISTRICT" business.
All billings for legal services by General Counsel or "COUNSEL"
firm shall be for service areas listed under Paragraph 3 above. Any special
legal assignments made outside of the legal services listed in Paragraph 3 above
shall result in the title of the assignment serving as the billing title. The
billings shall be in specific detail to show the specific services rendered,
the hours worked and the attorney rendering the service to allow the allocation
of charges to the specific "DISTRICT" budgeted projects and funds. Billings not
containing the required details will not be eligible for payment and shall not
include fees for time consumed in resolving or correcting said billings.
When necessary the "DISTRICT" shall have the right to inspect the supporting
records of "COUNSEL" pertaining to charges for services and audit them to
substantiate or verify any costs charged the "DISTRICT" under this agreement
after giving written notice to "COUNSEL" of its intention to inspect and/or
audit said records.
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IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
Signed Sealed and Delivered Southwest Florida Water
in the presence of Management District
AS 4 L STRICT ...... JOHNS ECR R.
Blain and Coe, P.s.
JW ^ i<^J By^ B (SEAL)
AS TO COUNSEL SEC TARY"
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E XH I B I T "A"
LESTER M. BLAIN $75.00 /hour
THOMAS E. CONE, JR. 60.00 /hour
RUSSELL M. BLAIN 45,00 /hour
GARY A. GIBBONS 40,00 /hour
FRED A. McCORMACK 45.00 /hour
LAW CLERKS 25.00 /hour
PARALEGAL 25.00 /hour
The payment of Consultant legal services is subject to the
total amount of $172,500 budgeted for Fiscal Year 1979-80.
This amount shall not be exceeded without prior Governing