REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
July 28, 2020
FROM
MICHELLE D. BLAKEMORE, County Counsel
SUBJECT
Title
Waiver of Conflict of Interest
End
RECOMMENDATION(S)
Recommendation
1. Approve Waiver and Consent that approves the waiver of actual or potential conflict of interest arising out of the representation of the County of San Bernardino by the Procopio law firm associated with the Glen Helen Grade Separation Project.
2. Authorize the County Counsel or Chief Assistant County Counsel to execute the Waiver and Consent of the actual or potential conflict of interest.
(Presenter: Michelle D. Blakemore, County Counsel, 387-5455)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
FINANCIAL IMPACT
Approval of the Waiver and Consent will not require the use of additional Discretionary General Funding (Net County Cost). Sufficient appropriation exists in the Department of Public Works' (DPW) 2020-2021 budget to pay for the legal services that are being provided by Procopio.
BACKGROUND INFORMATION
DPW discovered possible construction defects in the Glen Helen Grade Separation Project (Project) and County Counsel retained the Procopio law firm to litigate the case against the prime construction contractor Skanska, the construction management firm, the design firm, and the performance bond sureties. Previously, on September 10, 2019, the Board of Supervisors waived the potential conflict between Procopio and two of Skanska's sureties: Fidelity and Deposit Company of Maryland (F&D) and Federal Insurance Company (Federal). Procopio has discovered that F&D is owned by Zurich Insurance Group, Ltd. Procopio has requested that the County execute waivers of any potential or actual conflict of interests with Zurich that Procopio may have with matters unrelated to the litigation about the Project. Attorneys and other...
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