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HomeMy WebLinkAboutR-89-0823�i J-80-096 0/14/e9 RESOLUTION NO. 89-823' A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, WITH THE LAW FIRM OF HOLLAND AND KNIGHT, P.A., FOR A ONE YEAR TERM, FROM OCTOBER 1, 1989 TO SEPTEMBER 30, 1990, FOR PROFESSIONAL LEGISLATIVE CONSULTANT SERVICES ON BEHALF OF THE CITY; ALLOCATING FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED $150,000 FOR SUCH SERVICES, TOGETHER WITH AN AMOUNT NOT TO EXCEED $25,000 FOR REIMBURSABLE EXPENSES, APPROVED BY THE CITY MANAGER, FROM THE LEGISLATIVE LIAISON GENERAL FUND. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized to execute an agreement, in a form acceptable to the City Attorney, with the law firm of Holland and Knight, P.A., for professional legislative consultant services on behalf of the City for a one year term, from October 1, 1989 through September 30, 1990. Section 2. An amount not to exceed $150,000 is hereby allocated for said services together with an additional amount not to exceed $25,000 for reimbursable expenses, approved by the City Manager, from the Legislative Liaison General Fund. Section 3. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this _ 14th day of ATTE MAT HIRAI CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: r +JOGE ANDEATT RN Y RFC:BSS:M1233 ER L. Z, , 1989. to: Honorable Mayor and DATEAugust 31, 1989 Fn•E • Memb of the City Commission SUBJECT: Legislative Consultants, Contract Recommendation Cesar H . Od i o REFERENCES: FROM . City Manager ENCLOSURES: RECOMMENDATION ecommended that the City Commission adopt a It is respectfully r Resolution authorizing the City Manager to enter into a Professional Services Agreem wiconsultants th the law ffor irm of Ho nt the City in Knight to serve as legislative 1989. Anew contract with that firm willeallow effectiveOctober bin the City,s lobbying program. firm BACKGROUND The current 21 month contract with Holland & Knight for le islative consultant services in Tallahassee expires September 6 30, 1989• An ad was placed in the Miami RevieV August 8-9, ein requesting were interested being considered d in law firms to respond if they law firm to for the consultant services eKnight.v escontract. The only respond was Ho The Law Department was consulted to dethe servicesermine if sought. The intent of the Code by advertising had met the for t opinion was that we were in compliance, and that we could proceed with the selection process. i opinion from the Law Department Based upon the , the Citand because r represented -y in Holland & Knight has so successfully Tallahassee, it is recommended that they be given anew contract. J r i- 15,7 1 A .PRESENTATION TO THE CITY OF M1AM1 PROFESSIONAL SERVICES AGRE"ENT rE . HOLLAND & KNIGHT 1 LEGISLATIVE REPRESENTATION OF THE CITY OFrMIA r August 1989 Z y 3 1. INTRODUCTION Tb HOLLAND 5 KNIGHT It is our pleasure to introduce you to the law firm of Holland & Knight. We believe Holland & Knight possesses legal talent and expertise in all significant areas of corporate and cc%mercial legal practice. Additionally, as you will see, Holland & Knight, with its Washington, D.C. office, its multiple Florida offices and the coordination between offices, is in many ways different in structure and organization from other law firms. Our ability to provide excel- lent and efficient legal representation to our clients at local, regional and — national levels is not, in our judgment, matched anywhere else in Florida. Holland & Knight is presently one of the largest law firms in the country — with offices throughout the State of Florida (Bradenton, Fort Lauderdale, Jacksonville, Lakeland; Miami, Orlando, Tallahassee and Tampa) and in t:as;.ington, D.C. The firm traces its origins to two separate firms, one of Which dates from the 1880's and the other from the early 1900's. Spessard L. Holland, former Florida Governor and United States Senator, founded one of the firms; Peter 0. Knight, one of the organizers of The Exchange National Bank of Tampa (now !NCNB Natio%al Bang: of Florida) and TaLipa Electric C. -mpeny, four.:e;. the other. The two firms merged to form Holland & might in July, 1968. The firm comprises over 260 lawyers, including Chesterfield Smith, a former presi- dent of the American Bar Association, two past presidents of The Florida Bar and many other lawyers who have distinguished themselves in public and professional service on local, state, national and international levels. The diversification of Florida's economy affords a wide array of profes- administrative law; admiralty; trade regulation and antitrust; copyright, licensing ensin and patent law; corporate law and securities regulation; creditors' law; federal, state and local taxation; food and drug rights; environmental regulation; government contracts; health care and retirement housing; interna- tional trade and in law; labor law; legislative representation; liti- gation of all types; media law; oil, gas, and mineral law; municipal bond and governmental law; probate and estate planning; public utilities law; real property law; suretyship; transactional; and transportation law. For the last twenty-one months, Holland & Knight has successfully repre- sented the City in Tallahassee. Our expertise and knowledge of all issues im- portant to the City is well respected and both the firm and the City have ex - with accomplishments during the last two legislative pressed mutual satisfaction ual cooperation has grown between Holland & sessions. A close spirit of mut Knight and the City. special legislative counsel to the City of Miami to prod if selected as in Tallahassee$ Holland & Knight stands. ready to perform state representation described herein in a timely manner. We feel that our capa- the legal services in Florida uniquely qualifies Holland & Knight to serve the City and to .city provide a personalized extension of the City of Miami. K 4 „ a f h t r r rV. Iv xv +i ,$. 4 Il. DESCRIPTION OF MULTI.OFFICE OPERATIONS Holland & Knight's multi -office practice developed in response to demands from clients who have statewide needs, and from our belief that the ability, to use the same law firm throughout Florida is beneficial to•our clients. Our Washington office was established to allow us to further serve national and Florida clients. The practice is integrated throughout the firm, and clients are served on the basis of functional need for legal services rather than geo- graphic location. Lawyers in each office frequently work on client matters that originate in other offices. Staffing of Client Needs. Holland & Knight's unique ability to serve clients' requirements virtually anywhere in Florida and in Washington is, we believe, one of the firm's greatest strengths. Through its nine offices, Holland & Knight operates as a single integrated partnership, providing its clients the advantage of all available resources of the firm regardless of the office with which they have principal contact. Major matters are frequently staffed by lawyers who belong to one or m9re practice groups in more than one - office. Costs involved in bringing lawyers with such needed skills from one firm office to another are borne by the firm. Therefore, the expertise required on virtually any matter can be provided immediately and efficiently anywhere in Florida or Washington at no additional cost to the client. Interoffice Communication. All offices are linked by the most advanced telecommunications systems, including a mainframe -computer system with over 10 billion bytes of on-line capacity which permits instant transmission of data and original documents between offices; a centralized computer billing system; and a Fiber Optic Telephone Communications network. Legal documents prepared in one office can be simultaneously produced in execution form in any of the firm's sight other offices and, in some cases, at other locations. IBM-compatible per- (3) sonal computers link Holland & Knight's sophisticated mainframe computer systems wherever our attorneys are working. In addition, the firm utilizes a central computerized billing system, daily interoffice mail delivery and an internal toll -free telephone system which serve to unify its multiple offices. Standardl.zation of Legal Servicas. Utilization of a firm such as Holland & Knight on a uniform basis will help standardize the legal services rendered to and for the City of Miami; help formulate uniform practices, documents, and legal theories; avoid expensive duplication in research, creation of documenta- tion (including pleadings); and accelerate the creation of a data base from which legal matters can be more efficiently and effectively handled. Uniform Billing Procedures. Uniform billing procedures are used which al- low client legal costs to be analyzed, both on a centralized basis, as well as by individual matter. In consultation with the client, the firm designates one or more primary attorneys to report directly to the person designated by the client. The firm representative is responsible for the smooth operation of the relationship and for consultation and addressing of issues such as budgets, cost • savings,* developmcrt of uniform practices and problem solving. Becnuse many of our clients have corporate counsel staff; we are experienced in preparing sum- maries of pending matters, reporting through counsel and dividing responsibility for legal matters. Day -to -Day Needs. Clients' day-to-day needs are met in a different manner than transactional needs. In a transactional matter, Holland & Knight uses a team approach, involving the number and type of lawyers needed for the particu- lar matter. For day-to-day needs we assign a lawyer skilled in each relevant Being a good law firm and the successful practice of law is not just good lawyering, it is a concern for the community in which we live and the quality of life. it is a concern for rightness and access of all to the remedies provided by one of the finest legal systems in the world. To that end, Holland & Knight and its attorneys are committed to civic, educational, professional and public service activities. Holland & Knight traditionally has supplied leaders to the public and to the organized bar associations. Past and present firm members have served as Governor; United States Senator; President of the American Bar Association, The Florida Bar, The District of Columbia Bar and the National Conference of Bar Presidents; Chairman of the 1966 Constitution Revision Commission (responsible for drafting the present Florida Constitution); Chairman of the National Conference of Bar Examiners and the Florida Board of Bar Examiners; Chairman of the Board of Regents of the State University System; Chairman of the Florida r Council of 100; Chairman of the young Lawyers Section_ of both the American Bar Association and the Florida Bar; federal and state trial and appellate judges; and presidents of local bar associations in cities in which the firm maintains offices. Firm leywers have contributed significantly to continuing legal educe- tion on both, national and state levels. Many firm lawyers have served as - chairman of various civic, religious, charitable and social organizations. Chesterfield Smith, former ABA President and architect for the state-wide concept of Holland & Knight, is a strong advocate of lawyers becoming an inte- roughout his illustrious career, he has con- gral part of their community. Th stantly been involved in civic and pro-bono activities. Even in his pre retirement years, he finds time to supervise and lend a "helping hand" to legal s (5) A 9 T t t .'r t9-??`t�- matters which best serve the community. Along with Marilyn Holifield, Mr. Smith represented The Lawyers Committee For Civil Rights Under The Law, in which the • Lawyers Committee coordinated with the City of Miami in defense of a lawsuit brought by the U.S. Department of Justice. This lawsuit was aimed at striking down the Affirmative Action Program for the City of Miami Police Department es- tablished years earlier, pursuant to a court approved consent decree between the City of Miami and The United States Federal Justice Department. The Lawyers Committee with the City of Miami successfully defended the attack of this con- sent decree. Chesterfield Smith and Marilyn Holifield also were involved in the Meek vs. Martinez lawsuit, which challenged the formula for the distribution of Older American Act Federal Funds to elderly persons in Dade and Monroe Counties. This lawsuit was brought to challenge the adverse impact of the State's allocation formula on districts which contain high concentrations of blacks and hispanics. The evidence showed that counties with higher concentrations of minorities received a disproportionate lower amount of funding than counties with lower minority populations. The case is currently under consideration by Judge Kehoe. In addition to the legal pro bono work performed by attorneys in the fire, other attorneys are actively involved in programs which promote minority involvement. The commitment of Holland & Knight is to be there and to be concerned. It is to be involved and to care about the community in which one lives and the people which are a part of that community. Holland & Knight provides equal employment opportunities by recruiting, hiring, training, promot- ing and compensating employees without regard to race, color, religion, gender, - national origin, age, marital status, or handicapped. i r representation. Particular areas of expertise include: STATE AND LOCAL TMATION - Holland & Knight recognized some time ago the . growing importance of state and local taxes to our clients in financing mat - tens (because of the importance of transaction taxes in Florida's tax system), expansion decisions, and operating economics. We have developed substantial expertise in all areas of state and local taxation and as a result have an ex- tensive practice in this area. We regularly appear before the Department of Revenue in formal and infornal proceedings and handle tax litigation at the administrative level and in the circuit and appellate courts in tax matters. The firm monitors all state and local tax legislation as well as attends all r :levrnt meet ir,bs of Llie house and Senate Finance and Tar: committees le have represented clients on the repreal of the worldwide unitary method of determining Florida corporate income tax liability; corporate income tax is- sues related to the apportionment formulae business/nonbusiness income nexus; preserving certain sales tax exemptions, e.g., for research and development costs,' machinery and equipment for new and expanded businesses, cogeneration of electricity and component parts; sales tax on services ad valorem and in- to governmental leaseholds; amendments the gross tangible taxation of receipts tart and municipal utility tax; and general tax administration issues; Y, (7) - - i } h # . 1 'rXxy�S fh -,yfa 4 AIN Tjy i 1 e.g., filing of petitions, refund procedures, waiver of penalty and intertSt charges and filing of consolidated returns. ENVIRONMENTAL AND LAND USE - Holland & Knight authored the 1986 Land Reclamation Act; represented various interests on the Growth Management Act; the State Comprehdnsive Plan; the Wetlands Act; and hazardous and solid waste disposal issues. Additionally, we regularly monitor all relevant legislation dealing with environmental issues such as stormwater discharges, underground storage tanks, toxic wastes and employee's rights to know, solid waste, growth management and zoning issues, and water management districts. Attorneys in the firm regularly appear before the Natural Resources, Environmental and Utility committees of the House and Senate. TELECOMMUNICATIONS - Holland & Knight has extensive experience in the field of telecommunications law. The firm represents various interexchange carriers, fiber optic and alternative access providers, and enhanced telecom- munications service manufacturers and providers before the Florida Public Service Commission ("Commission") and the Florida Legislature. The firm's rate making, telecommunications practice includes, wit ou imi , licensing, enforcement proceedings, rulemakings, negotiations, and administra- tive litigation. We are also involved in a myriad of tax -related issues per - twining to telecommunication companies before the Florida Department of Revenue and the Florida Legislature. GOVERNMENT CONTRACTING - Public contracting - Holland & Knight represents various clients who provide commodities and services to the State of Florida. In this capacity, our attorneys work closely with the Department of General Services, the Comptroller and the procurement officers in various agencies on RFP's and ITB's We also monitor all legislation relating i t tt �'Z4y f 5 1 m,5}9 p9'f,'. rtc'4y'!tT F r��r e, w. } 4 4F � situf►a spadift ' e ts, fot x i t�ratttn# and develop ingistatty .on tither data processing equipment, litdt�tin► etfi�► - qu isiti+t� ttf computer and bilit end otherc0ntraot issues. APPROPRIATIONS Funding Issues The firm regularly monitors all meetings Revenue Estimating Conference aid the House and Senate Finat►ce and Tax of the in order to be fully advised of the state's cur= and Appropriations Committees fiscal needs and available revenues. Our attorneys work closely with gent the leadership of each House, with the t3overnor's those Committees, with Budgeting and with the responsible executive agencies - Office of Planning and specific appropriation requests. The firm has ins on behalf of our client's depth expertise in this area. f Vt . PROPOSED MtS Holland & Knight, upon a favorable response by the City, would be pleased to negotiate a fee arrangement with the City. This arrangement may be esta- blished as a yearly retainer, payable in equal monthly amounts, with customary expenses and routine out-of-pocket costs reimbursed from an advance of funds which could be predetermined. The scope of legal services provided herein are those which arise in the normal course of Tallahassee representation and excludes the performance of extraordinary or unusual services. An example of such activity would include special projects relating to the substance of proposed legislation (as opposed to merely the timing of the legislation's effectiveness) which require a broad, comprehensive lobbying effort beyond the members of the House and the Satiate who represent the City. ll y� S fjf� = y� gyp g y���c' ., pp�yy� 'yam #, y'.# fig_ ., - '. .. � Attdrn*Y ROSUM65 Martha W. Barnett (Tallahassee) graduated from H. Sophie Newcomb Memorial College for Women (Tulane University), B.A. cum laude in 1969, and the University of Florida, J.D. cum laude 1973. She is a member of Phi Kappa Phi, Phi Delta Phi and was an editor of the University of Florida Law Review. Martha Barnett is a regular speaker on State and Local Tax issues before COST (Committee on State Taxation), Tax Executives Institute and the National Institute for State and Local Taxation. She has served as a member of a legislative Tax Advisory Committee and is on the Executive Council of The Florida Bar Tax Section and the Public Interest Law Section. She has just completed a third term on the American Bar Association Board of Governors where she served as the Chair of its Finance Committee and on the Executive Committee. The primary areas of Martha's practice are administrative and gov- ernmental law and civil trial practice with substantive expertise in state and local taxes, environmental law, land use matters, telecommu- nications law, election law and campaign financing matters and trans- portation issues. She has had substantial experience in all areas of administrative law, including adjudicatory hearings and rulemaking. An important aspect, but one difficult to quantify, is the rapport and good will that she has established with agency personnel from the agency head to the various staff persons responsible for particular matters. Martha also has extensive experience before the Governor and Cabinet. Florida is unique in that the -Governor and Cabinet (each elected state-wide) sit as a collegial body heading various state agen- cies theS the TrusDteesrofethe Internalnt of lImprovement T1Department Trust Fund, and the Revenueue,, Department of General Services. Martha is a member of the Supreme Court of Florida and The Florida Bar, as well as a member of the United States District Courts for the Northern, Middle and Southern Districts of Florida, and a member of the United States Court of Appeals for the Third, Fourth and Eleventh Circuits. She has extensive associations in the American Bar, The Florida Bar, and the Hillsborough County and Tallahassee Bar Associations. Martha was recently elected to the Board of Governors of the American Bar Association, the first woman to be elected to that position. Marcia Beach (Fort Lauderdale) received her B.A. Degree from Barry University and her J.D. from Nova University. Prior to joining Holland & Knight, Marcia served two terms on the Broward County Board of County Commissioners, and chaired it for two years. Marcia served on the Broward County Planning Council for four years as the ®a Commission's, representative, and she chaired the Planning Council two r years. In addition, she served on the Broward County zoning Board and chaired it for two years. Before being elected to the Commission, she was a legislative aide to U.S. Congressman Edward J. Stack, an adminis- trative assistant to the Broward Legislative Delegation, and executive director of Grandpeople, Inc., a foster grandparents program in Tallahassee, Florida. Marcia's practice will focus on real estate and land use law. In recognition of Marcia's civic involvement, she has received the Gold Coast Free Enterprise Coalition Merit Award, the -Leadership Broward Appreciation Award, and the Broward County Young Democrats Life Membership Award. Women in Communications named her Woman of the Year and the Friends of Broward County Libraries gave her its Legislative Appreciation Award. She was selected Woman of the Year by the Leon County Association for Retarded Citizens and Citizen of the Year of the Florida Chapter of the American Association of Mental Deficiencies. She is a director of the Boys Club of Broward County, Inc.; the Sharon E. Solomon Children's Project, which provides financial aid to children in need of special help; and works with the Advocacy Center, Inc., a nonprofit group which protects the rights of disabled persons and Covenant House Florida. Marcia is a member of The Florida Bar and the Broward County Bar Association. Mikki Canton (Miami) received her Bachelor of Arts degree, summa cum laude, from Barry University, her Masters of Science degree, with honors, in Psychology from Florida International University and was certified by the State of Florida as a Specialist in School Psychology. She received her J.A., with honors, from St. Thomas University School of Law, where she was the founding co-chair of the Moot Court Board. In addition, she was a member of the Academic Standing Committee and the Trial Court Board. She served as Law Clerk to Circuit Court. Judge Mario Goderich in both civil and crimina)odivisions. Mikki's primary practice is in the area of administrative and gov- ernmental law, with special emphasis on governmental relations and legislative affairs, both at the municipal and state level. This prac- tice includes the representation of the City of Miami in the Florida Legislature, serving as a liaison between the firm and City and Dade County Administrators, and representing corporate clients before city, county and state commissions and agencies. In addition to the Dade County Bar Association, Mikki is a member of the Cuban American Bar Association. She is also a member of The Florida Bar and the Local Government Law Section of The Florida Bar. Mikki is president of the St. Thomas School of Law Alumni Association, vice-president of the National Association of Cuban American Women, a -_ member of the National Hispana Initiative Leadership Council - One of twenty women selected nationwide in 1987, The St. Thomas University Board of Advisors, The American Inns of Court, Leadership Miami Alumni Association, The Latin Professional Business Women's Club, the Greater Miami Chamber of Commerce, The Royal Poinciana Festival Committee, Miami Book Fair International, Board of Directors, Legal Advisor to Due Process, Inc., Legal Advisor to the Holocaust Museum, Dade League of (15) Women Voters, Faculty Recruiting Committee of the Association of American Law Schools, a member of the Manatee Bay Club, Legal Advisor to the Republican for Bush '88 Committee, Greater Miami Jaycees and other civic organizations in the Miami area. David F.. Cardwell (Lakeland) graduated in 1975 from the University of Florida College of Law and has done post -graduate work in the MBA program at Florida State University. David was fornerly City Attorney for the City of Lakeland and has had extensive experience in local government and administrative law in addition to the bond practice. As a result of his experience with local government (including various types of financings), he is famil- iar both with the operations of government as well as the complexities of a major tax-exempt financing and is known to many underwriters and other professionals in the tax-exempt financing area. He has extensive experience in the industrial development bond practice with emphasis on tax increment and downtown development bond practice. He has spoken en tax-exempt financing to groups, on national, regional and local levels, including local government attorneys associations, bar association sem- inars and local government officials. He is a member of the American Bar Association, Urban, State & Local Government Law Section, Administrative Law Section (Chrmn., State Administrative Law Committee), The Florida Bar, Administrative Law Section (Council Member) and past -chairman of the Local Government Law Section. Lawrence N. Curtin (Tallahassee) received his B.S. with honors from Florida State University and his J.D. with honors from Florida State University College of Law. Larry has practiced environmental and administrative law for many _ years. This practice involves participaa.ion in legislative activities, OEM the formulation of rules and regulatory policies, and administrative ® and civil litigations. One of Larry's primary focuses in environmental matters concerns the construction and operation of electrical power plants in Florida. He served as lead counsel in the siting of a large coal-fired electri- cal power plant that involved the Florida Electrical Power Plant Siting Act, the Clean Water Act, the preparation of an Environmental Impact Statement under the National Environmental Policy Act of 1969, the Clean Air Act, and a variety of other regulatory agencies. He has ex- perience in the issuance of National Pollutant Discharge Elimination System permits for electrical power plants involving demonstrations required for thermal discharges under Section 316(a) and (b) of the Clean Water Act, and the establishment of net effluent limitations for facilities associated with power plants. He has been involved with other power plant sitings under the Florida Siting Act, as well as ". transmission line sitings, and is involved on a continuing basis in air, water and hazardous waste issues associated with the utility industry. He has written and lectured extensively on topics involving environmental and administrative law. (16) + '}`ISM Significant matters that he recently has been involved in include serving as lead counsel in the preparation and issuance of an Environmental Impact Statement for dredging and filling activities reg- ulated by the Corps of Engineers under Section 404 of the Clean Water Act resulting in what is believed the largest dredge and fill permit ever issued by the Corps in the United States. He has served as lead counsel in the process of obtaining from the Environmental Protection Agency a Fundamentally Different Factors variance from effluent limita- tions guidelines established under the Federal Clean Water Act for a chemical manufacturing facility located -in Louisiana; serving as lead _ counsel for a chemical manufacturer in successful efforts to obtain a statutory provision in the Water Quality Act of 1987, amending the Clean Water Act, providing relief from various discharge requirements; and serving as legislative counsel on a variety of matters considered by the Florida Legislature. Larry writes extensively and speaks frequently on matters involv- ing water pollution, the Wetlands Protection Act and other environmen- tal issues. He has experience in state and federal water pollution control matters, state and federal hazardous waste regulation and state and federal regulation of activities in wetlands. Larry is a member of the Administrative and Environmental and Land Use Law Section of The Florida Bar, the Natural Resources Law Section of the American Bar Association, The Florida Chamber and the Environmental Network. Susan Fossa Delegal (Fort Lauderdale) received her B.A. with honors in Sociology and her Juris Doctor from the University of Florida. After graduation from law school, Susan joined the legal staff of Broward County, Florida. She served with the County for four- teen years, the last four of which she was General Counsel. In her capacity as General Counselr Susan was responsible for re- presenting the Board of County Commissioners, County Administrator and all other D,:partme:lts, Divlsicns and Boards or Cou<n,:y governrient in all legal matters affecting the County. She represented the County in both State and Federal Court at the trial and appellate levels. Her annual budget was in excess of $2.5 million and Susan supervised a staff of 50, including 26 attorneys. During her tenure as General Counsel, she assisted in the development, implementation and defense of County policies and was in- tegrally involved in the financing and development of major capital im- provement programs for Broward County, including the $259 million air- port expansion project, the $521 million resource recovery project, the convention center project and. numerous other public improvement programs. Additionally, she actively participated in the development and drafting of a revised comprehensive plan for Broward County, in- cluding a countywide future land use plan element. Susan is a member of the Broward County Bar Association; The States District Court, Southern District of Florida; and was a past president of the Florida Association of County Attorneys. James M. Ervin, Jr. (Tallahassee) graduated with high honors from Floridn State University (B.A., 1979; J.D., 1982). Jim has a multi -forum state tax practice which covers legislative, administrative and judicial areas. In the legislative arena, Jim drafts bills and laws on tax issues; monitors, reviews and analyzes legislation; and lobbies for specific issues. Through this approach, tax issues can be avoided before they become problems, or problems solved through legislative action. Administrative issues of tax law involve formal and informal as- sessment challenges, rulemaking activities and advisement requests. Jim handles assessment negotiations with auditors, and the preparing, filing ar.d resolving of protests againsts assessments. Through his longstani ng relationships with the Department of Revenue, Jim assists clients in tax inquiries to facilitate tax planning on behalf of his clients and to resolve any questions concerning potential tax liability. He also handles issues involving documentary stamp tax, in- tangibles tax, severance tax, ad valorem and corporate income tax. Should legislative and administrative avenues fail to resolve tax problems, Jim works with clients to bring the matter to litigation. He handles tax assessment challenge litigation against the Department of Revenue and litigation against the Comptroller of the State of Florida ecttcc.-n_n.", refund denials. He is a me-nb�r of the Executive Council, and is a past Chairman of The Florida Bar Tax Section's Sales Tax Committee. Jim is a member of the American Bar Association's Tax Section. In addition, he is on the Advisory Board of the National Institute of State and Local Taxation. His articles on state taxation have been ptiblished by the Jour:t l on SLatc, Tt:tacion and _ue Interstate Tax Repor; . Jim is e- reaula_- speaker on state taxation and has spoken at meetings of the Southeastern Association of Tax Administrators, the Committee on State Taxation (COST), the American Mining Congress, the Interstate Tax Press and the National Institute on State and Local Taxation. Robert R. Feagin, III (Tallahassee) graduated with honors from the University of Florida College of Law in 1964 where he was a member of the Order of the Coif and Executive Editor of the Law Review. As the partner in charge of the firm's antitrust and trade regula- tion practice for many years, Bob has been lead counsel for the firm's - clients in major antitrust litigation, including the Justice Department's challenge to territorial agreements among electric utilities; a class action suit against a major fast food franchisor for alleged tying violations; a price-fixing suit involving a national con- spiracy among rebar steel manufacturers; an FTC proceeding to block the merger of a major food processor into an international conglomerate; and a monopolization claim against a leading pharmaceutical company by a retail drugstore chain. Bob also is one of the lead counsel in the defense of multi -billion dollar claims against all the major phosphate producers in Florida in one of the most significant and highly pub- licized series of litigations in the state's history. In addition to an active antitrust litigation and commercial litigation and counseling practice in Tampa and Tallahassee, Bob is a member of the three -person Management Committee of Holland & Knight. Bob is a member of the American College of Trial Lawyers and the American Bar Foundation. He has served on the Florida Attorney General's Antitrust Revision Committee and The Florida Bar Antitrust Task Force. W. Reeder Glass (Miami) received his B.A. from Georgia State University and his law degree from Emory University in 1966. He also received an LL.M. degree in Taxation from the University of Miami in 1970. Reeder began his practice of law as a tax attorney in the Office of Regional Counsel of the Internal Revenue Service in 1967. In 1972 he opened his law firm, which ultimately became known as Glass, Schultz, Weinstein & Moss. In 1980, it merged into Holland & Knight. For the past 20 years, Reeder has engaged in an extensive tax, corporate and real estate practice. He has acted as counsel for num- erous developers engaged in the acquisition, financing and development of such diverse projects as large planned unit developments (PUDS), hotels, mixed use developments and other commercial and residential projects. This representation includes the preparation of joint ven- ture agreements, corporate documents of all types, utility agreements, commur.1ty documents (CC&Rs, golf course and country club memberships and maintenance documents, easements, etc.), construction documents as well as dc--aling with all other professionals involved in that process. In addition, Reeder has co;.sultcd extensively with both the public and private sectors concernin;; mass transit and the ancillary development of real estate to support the development thereof. Reeder has had significant experience representing borrowers and lenders. During the 1970's, he was counsel to several large REITS aad, as such, participated in the tax advice, documentation of loans, loan - workouts and restructuring and real estate development activities that arose from the special tax nature of REITS and the turbulent real es- tate times of the 1970's. Reeder is a member of the Florida, Georgia, Federal and American Bar Associations, the America Judicature Society, the American Law Institute, the Fellows of the American Bar and the Urban Land Institute. He is listed in The Best Lawyers in America (1983 Ed.). His community activities include the past chairmanship of the Greater Miami Chamber of Commerce Military Affairs Committee; member, the Business Revitalization Committee of the Greater Miami Chamber; Vice Chairman of the South Florida Coordinating Council; member, Board of Regents, Florida Chamber Foundation; and Regional Counsel, the Florida Chamber of Commerce. Reeder serves on the Board of Directors of Baptist Hospital. Marilyn J. Holifield (Miami) obtained her law degree from the Harvard Law School in 1972 after graduating from Swarthmore College with a degree in economics in 1969. For five years she was an as- sistant counsel at the NAACP Legal Defense and Educational Fund in New York City where she was responsible for litigating class action lawsuits before federal trial and appellate courts in Florida, Georgia, Alabama, Texas, Illinois and New York. She has served as the General Counsel for the New York State Division for Youth, Albany, New York, and was a law clerk for Judge Paul H. Roney of the United States (former) Fifth Circuit Court of Appeals, currently Chief Judge of the United States Eleventh Circuit Court of Appeals. As a partner in Holland & Knight's Miami litigation department, Marilyn is involved in products liability, securities and general com- mercial litigation. She also represents media clients and defends cor- porate merger transactions. Specifically, she has defended corporate directors against state and federal class action challenges to lev- eraged buy-out "going private" transactions and has made presentations to the board of directors of a Fortune 500 corporation on defense mechanisms against hostile takeovers. Her practice also includes ap- pellate litigation before the state and federal courts. She success- fully represented eight bank and law firm co-defendants in an antitrust action in the Eleventh Circuit Court of Appeals and the United States Supreme Court. Marilyn is admitted to practice in Florida and New York; federal district courts in Florida and New York; the United States Second, Fourth, Eighth, Ninth, and Eleventh Circuit Courts of Appeals; and the United States Supreme Court. Marilyn is a member of the American Law Institute, a Fellow of the American Bar Fcundation, and vas chairperson of the 1987 Florida Bar Law Week Program. She has served as a member of the board of governors nd House of Delegates of the American of the National Bar Association a Bar Association; and site has given continuing legal education lectures on libel law for The Florida Bar and the ational Bar Association. She was the chairperson and moderator of an ABA Presidential Showcase - •:rogram, entitled "Counseling Clients in International Business Transactions: Substance, Procedure and Organization." She is a member of the ABA's Litigation Section and Forum Committee on Communications Law. Marilyn is chairperson of the board of directors of the Economic Opportunity Family Health Center, Inc. of Miami. She is an honorary member of Phi Delta Phi legal fraternity; Board of Directors of the Metro Dade County Art in Public Places Greater Miami Opera Association; Trust; Visiting Committee of the University CourtMiami servedLaw asSchool; pre - Thomas University Law School Ame rican sident of the Harvard Law School Association of Florida; and is a mem- ber of the executive committee of Leadership Miami. She has been given numerous awards and commendations for her serviceshe s to the Miami Community and to voluntary bar associations, tured in a number of newspaper articles and television programs. Christopher G. Korge (Miami) graduated from the University of Florida, B.S.B.A. magna cum laude and Temple University, J.D. Chris' practice includes seven years of local government experience, specializing in the areas of development, land use, permit- ting and other regulatory matters. Upon graduation from law school, he was employed by the City of Miami Beach as an Assistant City Attorney. He served in that capacity for three years, during which time he worked on the South Beach Redevelopment Project and served as legal counsel to the Miami Beach Housing Authority, and the Tourist and Convention Center Expansion Authority. He also acted as legal counsel concerning the financing and development of $133,000,000.00 of capital improvement projects, including the renovations to the Theater of Performing Arts, the Miami Beach Convention Center, and construction of the Miami Beach Police Station and the Beachfront Promenade. He then served as an Assistant City Attorney for the City of Miami for three and one-half years, during which time he was legal counsel to the City of Miami's Planning Board, the Department of Development, and the Department of Community Development. While acting as counsel to the Department of Development, Chris was responsible for the legal representation of the City on all of its development projects. He has been general counsel to the Niami Sports & Exhibition Authority for the last two years and has represented the Sports Authority and the City of Miami in all legal matters relating to the development, financing, construction, and oper- ation of the Miami Arena. In civic and political circles, Chris is extremely active. He presently serves as Campaign Manager for U.S. Congressman Dante B. Fascell and serves on other campaign committees for local and state politicians. He is a member of the Board of Directors of the Greater Miami Host Committee and the Urban League of Greater Miami. In addition, he has served on the Board of Directors of many charitable organizations, one of the more notable ones being the Coconut Grove Jaycees. During his term as president of the Coconut Grove Jaycees, his Chapter was recognized as the number one Jaycee Chapter in America. Chris is a member of The Florida Banc Association, the American Bar. Association, the Dade County Bar Association, the Miami Beach Bar Association and the United States Court of Appeals for the Eleventh Circuit. Amelia Rea Maguire (Miami) received her Bachelor of Arts Degree from the University of Florida in 1975 and her J.D., with honors, 1986, from the Florida State University College of Law, where she was a mem- ber of the Phi Delta Phi legal fraternity. Mel is a former Assistant Secretary of the Florida Department of Commerce. In that capacity she had the executive responsibility of the promotion of economic development for the State of Florida which in- cluded the management of the Bureau for Motion Picture and T.V. Her experience in this area includes promotion and solicitation of major feature films, commercial productions, and recording. She has adminis- trative experience in motion picture, T.V. and commercial recording legislation for the State of Florida. Mel also coordinated the Department of Commerce's activities with the Aslow Theatre Project in which the State of Florida participated in building a film production studio. (21) 2 Y At the federal level, Mel has prepared responses for Requests for Proposals for site selection of major federal projects. She has worked with federal agencies in the interaction between state and federal governments. This extensive experience provides clients with an in depth knowledge of the legislative and governmental processes. Prior to joining the Commerce Department, Mel directed the Governor's Office of Local Government Liaison and coordinated the oper- ations of the Florida Coastal Plans Regional Commission. Mel has written several published articles about the State of Florida and currently serves on a variety of state, local and profes- sional boards and committees. She is a member of the American Bar Association; The Florida Bar; the Dade County Bar Association; St. Thomas University Inns of Court; the Edward Ball Eminent Scholar Chair in International Law; the Caribbean Law Institute; the Entertainment, Arts and Sports Law Section of The Florida Bar; the Strategic Planning Committee of the Greater Miami Convention & Visitors Bureau; and the Board of Directors of the Miami Film Festival. Bruce May (Tallahassee) graduated from the University of North Carolina - Chappel Hill with a B.A. in 1979, and received his J.D. from the University of Florida in 1982. He served as research aide to Florida Supreme Court Justice James E. Adkins (1982-1983). His practice involves virtually all areas of environmental and land use law and he is very active in legislative matters. He also has extensive experience before the Florida Public Service Commission in most utility lava issues including without limitation telecommunications, cogeneration, small power production, water and sewer, electric, and gas matters. Chesterfield Smith (Miami) received a Juris Doctor degree, with Honors, from the University of Florida College of Law in 1948. He is a founder and the principal architect of Holland & Knight. As a trial lawyer, he has for many years represented some of Florida's largest businesses and industries, including banks, agribusiness and multina- tional mining and chemical companies. He served as General Counsel of the Florida Phosphate Council for many years. He is a past member of the Board of Directors of the Exchange Bancorporation of Tampa, Florida (now part of NCNB National Bank of Florida), and he presently is a mem- ber of the Board of Directors of Batch -Air, Inc., Miami, and The Wackenhut Corporation, Miami. He has for many years served as Chairman of the Executive Committee of the Board of Directors of the Citrus & Chemical Bank of Bartow, Florida. Chesterfield Smith has been very active in the organized bar at the local, state and national levels, culminating in service as President of the American Bar Association in 1973-1974. He also served as President of The Florida Bar in 1964-1965. He is a Fellow of the American College of Trial Lawyers, the International Academy of Trial Lawyers, and the American Bar Foundation. In 1965-1967, he served as Chairman of the Constitution Revision Commission which drafted Florida's present constitution. He also served as Chairman of Florida's Citizens for Judicial Reform, and as a member of the Federal (22) A } _7F .O Jutiitial N ainating Commission of Florida. 'He served in 19y6 by ��� the Federal ointtment of Chief Justice Marren Burger as a member of Judicial Commission on gxecutive, legislative and Chesterfield Smith was awarded the Amerrican Distinguished BarAssociation Medal _ it, it, 1961 and he was the first recipient of the Florida Sta$ziesenChamber Commerce, honors Award from the Legal Aid awards include the Arthur von Award fromthe Nelson Poynter Award given by the and Defender Association in 1973, the in 1993, the LearnedHand Award by American Civil Liberties Union fiven for Jewish Committeein 1984, and The American iven by The National Conference of Brotherhood Aware Service to Christians and Jews, Inc. 1989. He serves on the Board of Visitors of the University of tiiam School of Law of the School of Law, Miami, Florida and of the McGeorge is also a rniaHAssociation. University of the Pacific, SacraLawifoCenter Florida, Trustee of the University of Smith is a member of Phi Beta Kappa and he is the recip- Chesterfield fent of multiple honorary degrees and academic recognition by colleges terfield Smithis and universities throughout the UnitedofSiheeNational Foundation also Chairman of the Board of Trustees Vice -Chairman of the Board of Trustees of Advancement in the Arts and The Florida Chamber of Commerce Foundation, Inc. He is President of of the the Florida Supreme Court Historical Society and a Trustee United States Supreme Court Historical Society.