25A - AGMT - FEDERAL GOVERNMENT LIAISON SRVS

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