HomeMy WebLinkAboutMINUTES - 10222013 - C.65RECOMMENDATION(S):
APPROVE and AUTHORIZE the County Risk Manager to execute a contract with Arnold & Porter LLP for legal
services for the period October 1, 2013 through September 30, 2014, in accordance with a specified fee schedule, in
an amount not to exceed $150,000.
APPROVE and AUTHORIZE County Counsel or her designee to execute on behalf of the County a letter
acknowledging a potential conflict of interest and consenting to Arnold & Porter LLP representing Contra Costa
County in connection with a lawsuit titled G.F. et al v. Contra Costa County, et al, No. 13-cv-3667-SBA (N.D. Cal)
that has been brought against the County and the County Office of Education.
FISCAL IMPACT:
Legal costs are funded through the General Liability Internal Service Fund.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 10/22/2013 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Karen Mitchoff, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: Sharon Hymes-Offord,
925-335-1450
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: October 22, 2013
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Chris Heck, Deputy
cc:
C. 65
To:Board of Supervisors
From:Sharon Offord Hymes, Risk Manager
Date:October 22, 2013
Contra
Costa
County
Subject:Contract for Specialized Legal Services: Approve Conflict Waiver
BACKGROUND:
The County wishes to make use of this law firm’s expertise to assist with pending litigation.
A&P has advised the County that it represents parties adverse to the County in connection with an antitrust action
brought by the County in 2008 , Contra Costa County v. Bank of America, N.A., et al, (In re Municipal
Derivatives Litigation – Case No. MDL 1950 (S.D.N.Y.)), which is currently pending in federal court (the
Antitrust Action). The County brought the Antitrust Action against approximately 35 financial institutions for
violations of California antitrust laws related to the practice of rigging bids and/or fixing prices in connection with
yields paid on municipal derivative investments. To date, a number of parties have settled with the County. The
County’s outside counsel in this matter continues to have settlement discussions with the remaining defendants.
Attached is a proposed letter agreement between A&P and the County that waives the actual conflict that exists as
a result of the Antitrust Action. The letter sets forth the attorney-client relationships that could affect the firm’s
representation of the County and makes it clear that A&P will create an “ethical wall” between the A&P attorneys
representing the County in the 2013 Action and the A&P attorneys working on the Antitrust Action. The letter also
states that A&P must notify the County of an actual or potential conflict between the County and other A&P
clients in the future, allowing the County the opportunity to terminate its relationship with A&P.
The County Counsel’s Office has advised that it does not object to the conflict and recommends its waiver.
CONSEQUENCE OF NEGATIVE ACTION:
County will not benefit from the firm’s expertise.
CHILDREN'S IMPACT STATEMENT:
None.
ATTACHMENTS
AP Agreement