HomeMy WebLinkAboutMINUTES - 12022014 - C.19RECOMMENDATION(S):
APPROVE and AUTHORIZE County Counsel or her designee to execute on behalf of the County a form
acknowledging a conflict of interest and consenting to Foley & Lardner LLP representing Health Leads, Inc. in its
contract negotiations with Contra Costa County while continuing to represent the County in other matters.
FISCAL IMPACT:
There is no fiscal impact.
BACKGROUND:
Foley & Lardner LLP (Foley) provides specialized legal services to the County’s Health Services Department in
connection with various health care matters.
Attached is a letter from Foley that requests that the County acknowledge and waive an actual conflict that exists in a
situation in which Foley is representing Health Leads, Inc., a nonprofit corporation, in its contract negotiations with
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/02/2014 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: Kate Andrus, Deputy County
Counsel (925) 335-1800
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: December 2, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: Stacey M. Boyd, Deputy
cc: Kathleen Andrus, Deputy County Counsel, Patrick Godley, Health Services Department, David Twa, County Administrator, Torrey Young, Foley &
Lardner LLP, Diane Ung, Foley & Lardner LLP
C. 19
To:Board of Supervisors
From:Sharon L. Anderson, County Counsel
Date:December 2, 2014
Contra
Costa
County
Subject:Consent to Waive Conflict of Foley & Lardner LLP
BACKGROUND: (CONT'D)
the County. The letter describes the attorney-client relationships that could affect the firm’s representation of the
County and makes it clear that none of the Foley attorneys currently representing Health Leads have performed
work for the County. The letter also states that Foley attorneys representing Health Leads will not be granted
access to privileged County information during the course of their representation of Health Leads.
In the proposed transaction, the County will engage Health Leads to assemble and train a staff of student
volunteers to work with certain patients to ensure that those patients have access to non-medical resources that are
vital to the patient’s overall health. Examples of the type of non-medical resources that could be needed include
food and heating. Patients will be referred to the Health Leads resource desk by County medical staff. The County
will provide a designated work area within the Contra Costa Regional Medical Center. In addition, the County
will pay Health Leads a portion of the cost of operating the resource desk over the 3-year contract term. Foley
advises that the expected cost to the County is zero in the first year, approximately $80,000 in the second year, and
approximately $233,000 in the third year.
Staff for the Health Services Department have advised that they do not object to the conflict and recommend its
waiver.
CONSEQUENCE OF NEGATIVE ACTION:
Foley would not be able to continue to represent both the County and Health Leads. The result would likely be a
delay in the implementation of Health Leads services to residents of Contra Costa County.
ATTACHMENTS
Waiver of Conflict re Health Leads