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<br /> <br /> <br /> <br /> EXCEPTIONS AND DEVIATIONS <br /> <br /> <br /> <br /> <br /> Holland & Knight wishes to make the following statements regarding RFP 12-075: <br /> <br /> In response to Paragraph 5, Indemnification: <br /> Under its professional liability insurance, which is standard for law firms, Holland & Knight LLP can <br /> agree to indemnify the City, its officers, agents, employees, and consultants solely as to claims <br /> resulting from or arising out of Holland & Knight LLP's negligent or wrongful acts, errors or <br /> omissions. Should Holland & Knight LLP be awarded the contract, it would ask that Paragraph 5 be <br /> so amended. <br /> In response to Paragraph 7, the Conflict of Interest Clause: <br /> <br /> In compliance with clause 7 of the City's Consultant Agreement, Holland & Knight has no conflict of <br /> interest with regard to the firm's federal liaison and advocacy services on behalf of the City of Santa <br /> Ana; and has, in place, policies and procedures with regard to full disclosure and resolution of any <br /> potential conflict of interest that may arise due to this representation. <br /> With regard to the provision of legal services, we do provide such services to clients in California in <br /> land use and other legal matters, which are totally unrelated to the federal liaison services our firm <br /> would provide the City under the RFP. Currently, we represent a client, Formosa Plastics Corp, USA, <br /> in a legal matter adverse to several public entities, including the City of Santa Ana. The case involves <br /> United States et al v J-M Manufacturing Company, Inc. d/b/a/JM Eagle, and Formosa Plastics Corp, <br /> USA (Case No. ED CV06-0055-GW, U.S.D.C. Central Dist. of California; and in the States of Nevada <br /> and New Mexico, et al. v. J-M Manufacturing Company, Inc., Formosa Plastics Corporation, U.S.A. and <br /> Walter Wang, No. BC 459943, Superior Court of California for Los Angeles County (collectively, the <br /> "Qui Tam Actions"), alleging manufacturing defects associated with water pipes, wholly unrelated <br /> to the provision of federal advocacy and representation services under the RFP. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Holland & Knight I <br /> Confidential Presentation for the City of Santa Ana 1 20 <br /> 25C-33 <br />