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HomeMy WebLinkAboutContract 59628QITY SECRETARY GONTRACT NO.. PFAS & AFFF LEGAL REPRESENTATION AGREEMENT (AGREEMENT) CLIENT City of Fort Worth, Texas A. Scope and Purpose of Representation 1.1 CITY OF FORT WORTH, TEXAS ("CLIENT") hires the law firms of EILAND & BONNIN, BARON & BUDD, COSSICH, SUMICH, PARSIOLA & TAYLOR as CO -LEAD COUNSEL in the investigation and prosecution of a lawsuit arising under the laws of the State of Texas to be filed against manufacturers, designers, marketers, distributors, formulators, promotors, and/or sellers of firefighting foam products (known as "aqueous film -forming foam") or "AFFF" and/or other products containing perfluoroalkyl substances ("PFAS") including PFOS (perfluorooctane sulfonic acid) and PFOA (perfluorooctanic acid), and related compounds (collectively, "Defendants"). Attorneys will provide legal services to recover damages, compensation, and other relief to which CLIENT may be entitled to recover from Defendants. 1.2 LEGAL SERVICES SPECIFICALLY EXCLUDED. Unless otherwise agreed in writing by CLIENT and Attorneys, Attorneys will not provide legal services with respect to (a) defending any legal proceeding or claim against the CLIENT commenced by any person unless such proceeding or claim is filed against the CLIENT in the Action or (b) proceedings before any federal or state administrative or governmental agency, department, or board including, but not limited to, the United States Environmental Protection Agency. With CLIENT's permission, however, Attorneys may elect to appear at such administrative proceedings to protect CLIENT's rights. If CLIENT wishes to retain Attorneys to provide any legal services not provided under this Agreement for additional compensation, a separate written agreement between Attorneys and CLIENT will be required. 1.3 CLIENT hereby retains and employs CO -LEAD COUNSEL. Fort Worth City Council has, by its approval of this Agreement, found that CLIENT has a substantial need for these legal services which cannot be adequately performed by the attorneys of CLIENT or other government attorneys, nor, because of the nature of the matter for which services will be obtained, can they be reasonably obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter. The estimated amount that may be recovered from the litigation exceeds $100,000.00. 1.4 CLIENT hereby authorizes and directs CO -LEAD COUNSEL, to handle the Representation and to take all actions necessary to prosecute and assist in the prosecution of the ongoing case or any new or additional case(s) on behalf of CLIENT against Defendants. In the Representation, CO -LEAD COUNSEL may seek necessary and appropriate injunctive relief, damages, civil penalties, costs and attorney's fees, and such other pecuniary recovery as may be provided for by the laws of the State of Texas and/or any relevant local, state and/or federal statutory and/or common law. OFFICIAL RECORD CITY SECRETARY PFAS Legal Representation Agreement FT. WORTH, TiX Page 1 of 12 1.5 CLIENT has already authorized the filing of a suit or suits against Defendants and has determined pursuant to Tex. Loc. Gov't Code § 262.024(a)(4) that this Agreement is for professional services, requiring work that is predominantly mental or intellectual, rather than physical or manual, requiring special knowledge or attainment and a high order of learning, skill, and academic intelligence and the services of CO -LEAD COUNSEL are being retained pursuant to all applicable law. 1.6 The term of this Agreement shall end after the conclusion of the Representation unless either party extends or terminates this Agreement in accordance with its provisions. 1.7 CLIENT is hiring as CO -LEAD COUNSEL the law firms of EILAND & BONNIN, BARON & BUDD, COSSICH, SUMICH, PARSIOLA & TAYLOR. The firms will share equally in the responsibilities and decisions in the legal representation of CLIENT and will also share in any fees and costs. By signing this Agreement, CLIENT retains the law firms. Attorney services will be provided to CLIENT by the firms and will not necessarily be performed by any particular attorney. CO -LEAD COUNSEL and ASSOCIATED COUNSEL agree to perform necessary legal work with reference to the Representation. 1.8 To enable CO -LEAD COUNSEL to provide effective representation, CLIENT agrees to do the following: (1) disclose to CO -LEAD COUNSEL, fully and accurately and on a timely basis, all facts and documents within CLIENT'S knowledge that are or might be material, or that CO -LEAD COUNSEL may request, (2) keep CO -LEAD COUNSEL apprised on a timely basis of all developments relating to the Representation that are or might be material, (3) attend meetings, conferences, and other proceedings when it is reasonable to do so, and (4) otherwise cooperate fully with CO -LEAD COUNSEL. Finally, if CLIENT has any concern or problem with CO -LEAD COUNSEL, their attorneys or employees at any time, CLIENT agrees to immediately tell the primary attorney of each law firm about any concerns or problems and not wait until a later time. 1.9 Neither party shall assign, in whole or in part, any duty or obligation of performance under this Agreement without the express written permission of the other parties, unless otherwise authorized in this Agreement. 1.10 The person or entity that CO -LEAD COUNSEL represents is CITY OF FORT WORTH, TEXAS and CO -LEAD COUNSELS' attorney -CLIENT relationship does not include any related persons or entities. If any potential conflict arises with respect to the Representation, CO -LEAD COUNSEL will make full disclosure of the possible effects of such Representation on the professional judgment of each individual associated with CO -LEAD COUNSEL working on the Representation. Such disclosure shall be made to Chris Mosley for the City of Fort Worth, Texas. 1.11 CLIENT designates Chris Mosley for the City of Fort Worth, Texas as the authorized representative to direct Attorneys and to be the primary individual to communicate with Attorneys regarding the subject matter of Attorneys' representation of CLIENT under this Agreement. This designation is intended to establish a clear line of authority and to minimize potential uncertainty, but not to preclude communication between Attorneys and other PFAS Legal Representation Agreement Page 2 of 12 representatives of CLIENT. 1.12 It is understood and agreed that CO -LEAD COUNSELS' engagement is limited to the Representation. CO -LEAD COUNSEL is not being retained as general counsel, and CO - LEAD COUNSELS' acceptance of this Agreement does not imply any undertaking to provide legal services other than those set forth in this Agreement. 1.13 Any expressions on CO -LEAD COUNSELS' part concerning the outcome of the Representation, or any other legal matters, are based on CO -LEAD COUNSELS' professional judgment and are not guarantees. Such expressions, even when described as opinions, are necessarily limited by CO -LEAD COUNSELS' knowledge of the facts and are based on CO - LEAD COUNSELS' views of the state of the law at the time they are expressed. CO -LEAD COUNSEL has made no promises or guarantees to CLIENT about the outcome of the Representation, and nothing in these terms of engagement shall be construed as such a promise or guarantee. 1.14 After completion of the Representation, changes may occur in the applicable laws or regulations that could affect CLIENT'S future rights and liabilities in regard to the Representation. Unless CO -LEAD COUNSEL is actually engaged after the completion of the Representation to provide additional advice on such issues, CO -LEAD COUNSEL has no continuing obligation to give advice with respect to any future legal developments that may pertain to the Representation other than the continuing obligations set out in this Agreement. 1.15 At the conclusion of the Representation, CO -LEAD COUNSEL will return to CLIENT any documents that COUNSEL is specifically requested to return. As to any documents so returned, CO -LEAD COUNSEL may elect to keep a copy of the documents in COUNSEL'S stored files. CLIENT owns all final work product generated from the Representation. 1.16 Any notice required or permitted to be given by CLIENT to CO -LEAD COUNSEL hereunder may be given by e-mail and hand delivery, facsimile or certified United States Mail, postage prepaid, return receipt requested, addressed to: A Craig Eiland Eiland & Bonnin, PC 1220 Colorado St. Suite 300 Austin, TX 78701 409.763.3260 (phone) 713.513.5211 (e-fax) ceilanda,eilandlaw.com Carla Burke Pickrel Baron & Budd,P.C. 3102 Oak Lawn Avenue, Ste. 1100 Dallas, Texas 75219 214-520-1181 cburkepickrel@baronbudd.com PFAS Legal Representation Agreement Page 3 of 12 1.24 The basis for this division of legal fees will be "joint responsibility," as that term is defined in Rule 1.04, Texas Disciplinary Rules of Professional Conduct, and its official comments (i.e., a "joint responsibility" attorney or law firm may not have an active role in representing CLIENT but does have some obligations described in the Rule and its comments). CLIENT consents to this sharing or division of legal fees between/among these identified law firms and the basis described. 1.25 No actions and/or disputes between or amongst CO -LEAD COUNSEL and ASSOCIATED COUNSEL will affect CLIENT'S recovery, nor will it give rise to any liability on the part of CLIENT. B. Counsel's Fees and Expenses if Subchapter C, Chapter 2254 of the Texas Government Code Applies to this Agreement 2.1 Consideration of the legal services to be provided to CLIENT by CO -LEAD COUNSEL, CLIENT hereby assigns and grants unto CO -LEAD COUNSEL attorney's fees equal to thirty-five percent (35%) of the gross recovery for attorney fees and expenses. A. "Gross recovery" means the total recovery, whether obtained by settlement, arbitration award, court judgment following trial or appeal, or otherwise. "Gross recovery" shall include, without limitation, the following: (1) the then -present value of any monetary payments to be made to CLIENT; and (2) the fair market value of any non -monetary property and services to be transferred and/or rendered for the benefit of CLIENT; and (3) any attorney's fees recovered by CLIENT as part of any cause of action that provides a basis for such an award. "Gross recovery" may come from any source, including, but not limited to, the adverse parties to the Action and/or their insurance carriers and/or any third party, whether or not a party to the Action. If CLIENT and Attorneys disagree as to the fair market value of any non -monetary property or services as described above, Attorneys and CLIENT agree that a binding appraisal will be conducted to determine this value. B. It is possible that payment to the CLIENT by the adverse parties to the Action or their insurance carrier(s) or any third -party may be deferred, as in the case of an annuity, a structured settlement, or periodic payments. In such event, gross recovery will consist of the initial lump sum payment plus the present value (as of the time of the settlement) of the total of all payments to be received thereafter. The contingent fee is calculated, as described above, by multiplying the gross recovery by the fee percentage. The Attorneys' fees will be paid out of the initial lump -sum payment if there are sufficient funds to satisfy the Attorneys' fee. If there are insufficient funds to pay the Attorneys' fees in full fiom the initial lump sum payment, the balance owed to Attorneys will be paid from subsequent payments to CLIENT before there is any distribution to CLIENT. C. Reasonable Fee if Contingent Fee is Unenforceable or if Attorney is Discharged Before Any Recovery. In the event that the contingent fee portion of this agreement is determined to be unenforceable for any reason or the Attorneys are prevented from representing CLIENT on a contingent fee basis, CLIENT agrees to pay a reasonable fee PFAS Legal Representation Agreement Page 5 of 12 for the services rendered. If the parties are unable to agree on a reasonable fee for the services rendered, Attorneys and CLIENT agree that the fee will be determined by arbitration proceedings before a neutral affiliated with the Judicial Arbitration and Mediation Services (JAMS); in any event, Attorneys and CLIENT agree that the fee determined by arbitration shall not exceed 35% of the gross recovery for attorney fees and expenses as defined in this Agreement. If there is no recovery by CLIENT, no fee will be due to Attorneys. 2.2 CO -LEAD COUNSEL agree to advance the expenses of litigation determined by CO -LEAD COUNSEL, together, to be reasonable and necessary. Any and all expenses will be paid by CO -LEAD COUNSEL as a part of the thirty-five percent (35%) fee and will not be reimbursed by CLIENT. 2.3 TEx. Gov'T CODE § 2254.104(a): CO -LEAD COUNSEL shall keep current and complete written time and expense records that describe in detail the time and money spent each day in performing the contract. 2.4 TEx. Gov'T CODE § 2254.104(b): CO -LEAD COUNSEL shall permit the governing body or governing officer of the state governmental entity, the attorney general, or other officials as appropriate, to inspect or obtain copies of the time and expense records at any time on request. 2.5 TEx. Gov'T CODE § 2254.104(c): On conclusion of the matter for which legal services were obtained, CO -LEAD COUNSEL shall provide CLIENT with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows CO - LEAD COUNSEL's computation of the amount of the contingent fee and contains the final complete time and expense records required above. 2.6 TEx. Gov'T CODE § 2254.104(d): All time and expense records kept in accordance with Section 3.05 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under TEx. Gov'T CODE § 552.103 only if, in addition to meeting the requirements of Section 552.103, the chief legal officer or employee of the state governmental entity determines that withholding the information is necessary to protect the entity's strategy or position in pending or reasonably anticipated litigation. Information withheld from public disclosure under this subsection shall be segregated from information that is subject to required public disclosures. 2.7 TEx. Gov'T CODE § 2254.105(1): Any contingency fee due hereunder is to be computed by multiplying CLIENT'S gross recovery times thirty-five (35%) percent, subject to the limitations on the amount of such fee as provided in Chapter 2254, Subchapter C of the Texas Government Code. 2.8 TEx. Gov'T CODE § 2254.105(2): The contingent fee is thirty-five percent (35%) of the gross recovery regardless of whether the matter is settled, tried, or tried and appealed. HAS Legal Representation Agreement Page 6 of 12 2.9 TEx. Gov'T CODE § 2254.105(3): Any and all expenses will be paid by CO -LEAD COUNSEL as a part of the thirty-five percent (35%) fee and will not be reimbursed by CLIENT. 2.10 TEx. Gov'T CODE § 2254.105(4): Any subcontracted legal or support services performed by a person who is not a contracting attorney or a partner, shareholder, or employee of a contracting attorney or law firm is an expense subject to reimbursement only in accordance with Subchapter C, Chapter 2254 of the Texas Government Code. 2.11 TEx. GOVT CODE § 2254.105(5): The amount of the contingent fee under the Agreement will be paid and limited in accordance with Subchapter C, Chapter 2254 of the Texas Government Code and other applicable sections. 2.12 TEx. Gov'T CODE § 2254.106(a): The reasonable hourly rate for work performed by an attorney, law cleric, or paralegal who will perform legal or support services under the contract based on the reasonable and customary rate in the relevant locality for the type of work performed and on the relevant experience, demonstrated ability, and standard hourly billing rate, if any, of the person performing the work shall be: a. A CRAIG EILAND $1,000 b. CARLA BURKE PICKREL $1,000 C. BRANDON TAYLOR $1,000 d. Jason Julius $ 800 e. Brett Land $ 800 f. Cary McDougal $1,000 g. Scott Summy $1,000 h. Celeste Evangelisti $1,000 i. David Bonnin $ 900 Other attorneys employed or subcontracted by CO -LEAD COUNSEL or ASSOCIATED COUNSEL: i. Attorneys with 15+ years of litigation experience $900 j. Attorneys with 10 to 15 years of litigation experience $600 lc. Attorneys with 5 to 10 years of litigation experience $450 1. Attorneys with 1 to 5 years of litigation experience $350 In. Law clerics employed or subcontracted by CO -LEAD COUNSEL or ASSOCIATED COUNSEL $150 n. Paralegals employed or subcontracted by CO -LEAD COUNSEL or ASSOCIATED COUNSEL $200 2.13 TEx. Gov'T CODE § 2254.106(b): "Base Fee" shall be calculated as follows: For each attorney, law cleric, or paralegal who is a contracting attorney or a partner, shareholder, or employee of a contracting attorney or law firm, multiply the number of hours the attorney, law cleric, or paralegal works in providing legal or support services under the contract times the reasonable hourly rate for the work performed by that attorney, law clerk, or paralegal. Add the resulting amounts to obtain the Base Fee. The computation of the Base Fee may not include hours HAS Legal Representation Agreement Page 7 of 12 or costs attributable to work performed by a person who is not a contracting attorney or a partner, shareholder, or employee of a contracting attorney or law firm. 2.14 TEx. Gov'T CODE § 2254.106(c): Based on the expected difficulties in performing the contract, the amount of expenses expected to be risked by the contractor, the expected risk of no recovery, and any expected long delay in recovery, a reasonable multiplier of any fee payable by CLIENT is four. 2.15 TEx. GOVT CODE § 2254.106(d): In no event shall the contingent fee payable hereunder exceed the lesser of thirty five percent (35%) or the amount computed under TEx. Gov'T CODE § 2254.106(a), (b) and (c). 2.16 TEx. Gov'T CODE § 2254.106(f): The requirements of TEx. Gov'T CODE § 2254.106 shall be applicable to each individual recovery that actually exceeds $100,000. 2.17 TEx. Gov'T CODE § 2254.108: Payment of fees and expenses are subject to limitations established by TEx. Gov'T CODE § 2254.108. C. Joint Representation 3.01 CO -LEAD COUNSEL has advised CLIENT that CO -LEAD COUNSEL and ASSOCIATED COUNSEL may represent other Clients ("Other Clients") with claims similar to those of CLIENT. Further, CO -LEAD COUNSEL has advised CLIENT that there are important potential advantages and disadvantages to participating in a joint representation in which CO - LEAD COUNSEL and ASSOCIATED COUNSEL represent multiple Clients pursuing similar claims. CLIENT consents to the law firms' joint representation of CLIENT and such Other Clients. CLIENT agrees that CO -LEAD COUNSEL may mediate or otherwise negotiate CLIENT'S claims in combination with Other Client's claims. If a defendant makes a "global settlement offer" that offers one sum of money to settle more than one CLIENT's claims, then CLIENT agrees that CO -LEAD COUNSEL can share the identity of each jointly -represented CLIENT, the settlement amount proposed for each, and the nature of each jointly -represented CLIENT's claims with all other Clients, including CLIENT —and that CLIENT'S identity and confidential settlement information will also be shared with the other Clients in a "global settlement offer" situation. 3.02 MULTIPLE REPRESENTATIONS. CLIENT understands that Attorneys do or may represent many other entities or individuals with actual or potential PFAS related litigation claims. Attorneys' representation of multiple claimants at the same time may create certain actual or potential conflicts of interest in that the interests and objectives of each CLIENT individually on certain issues are, or may become, inconsistent with the interests and objectives of the other. Attorneys are governed by specific rules and regulations relating to professional responsibility in representation of Clients, and especially where conflicts of interest may arise from representation of multiple Clients against the same or similar defendants, Attorneys must advise Clients of any actual or potential conflicts of interest and obtain their informed written consent to our representation when actual, present, or potential conflicts of interest exist. CLIENT has conferred with its own separate corporate or municipal counsel and has determined that it is in its own best PFAS Legal Representation Agreement Page 8 of 12 interests to waive any and all potential or actual conflicts of which CLIENT is currently aware as the result of Attorneys' current and continuing representation of other entities in similar litigation. By signing this agreement, CLIENT states that (1) it has been advised of the potential conflicts of interest which may be or are associated with our representation of CLIENT and other multiple claimants; (2) it nevertheless wants Attorneys to represent CLIENT; and (3) CLIENT consents to Attorneys' representation of others in connection with PFAS litigation (AFFF or otherwise). CLIENT remains completely free to seek other legal advice at any time even after signing this agreement. 3.03 AGGREGATE SETTLEMENTS. Often times in cases where Attorneys represent multiple Clients in similar litigation, the opposing parties or defendants attempt to settle or otherwise resolve all of Attorneys' cases in a group or groups, by making a single settlement offer to settle a number of cases simultaneously. There exists a potential conflict of interest whenever a lawyer represents multiple Clients in a settlement of this type because it necessitates choices concerning the allocation of limited settlement amounts among the multiple Clients. However, if all Clients consent, a group settlement can be accomplished and a single offer can be fairly distributed among the Clients by assigning settlement amounts based upon the strengths and weaknesses of each case, the relative nature, severity and extent of injuries, and individual case evaluations. In the event of a group or aggregate settlement proposal, Attorneys may implement a settlement program, overseen by a referee or special master, who may be appointed by a court, designed to ensure consistency and fairness for all claimants, and which will assign various settlement values and amounts to each CLIENT's case depending upon the facts and circumstances of each individual case. CLIENT authorizes Attorneys to enter into and engage in group settlement discussions and agreements that may include CLIENT's individual claims. Although CLIENT authorizes Attorneys to engage in such group settlement discussions and agreements, CLIENT retains the right to approve any settlement of CLIENT's claims, and Attorneys are required to obtain CLIENT's approval before settling CLIENT's claims. 3.04 INDEPENDENT CONTRACTOR. The relationship to CLIENT of Attorneys, and any associate counsel or paralegal provided through Attorneys, in the performance of services under this Agreement is that of CLIENT to independent contractor and not that of CLIENT to employee. No other wording in this Agreement shall stand in derogation of this subparagraph. The fees and costs paid to Attorneys for legal services rendered pursuant to this Agreement shall be deemed revenues of their law office practices and not as remuneration for individual employment apart from the business of that law office. 3.05 DISCLAIMER OF GUARANTEE. Although Attorneys may offer an opinion about possible results regarding the subject matter of this Agreement, Attorneys cannot guarantee any particular result. CLIENT acknowledges that Attorneys have made no promises about the outcome and that any opinion offered by Attorneys in the future will not constitute a promise, guarantee, or warranty. 3.06 ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties. PFAS Legal Representation Agreement Page 9 of 12 3.07 SEVERABILITY IN EVENT OF PARTIAL INVALIDITY. If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect. 3.08 MODIFICATION BY SUBSEQUENT AGREEMENT. The parties may agree to modify this Agreement by executing a new written agreement. 3.09 DISPUTES ARISING UNDER AGREEMENT. CLIENT and Attorneys agree that any controversy, claim, or dispute (including issues relating to the fee) arising out of or relating to this Agreement, its performance, and/or its breach will be resolved by arbitration proceedings before a neutral associated with the Judicial Arbitration and Mediation Services (JAMS). Disagreement as to the fair market value of any non -monetary property or services, however, will be resolved in accordance with paragraph 2.1. D. Other Provisions 4.1 This Agreement will be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting same. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, then such provision will be modified to conform to such laws, and the balance of this Agreement will remain in full force and effect. Each waiver in this Agreement is subject to the overriding and governing rule that it will be effective only if and to the extent that (1) it is not prohibited by applicable law and (2) applicable law neither provides for nor allows any material sanctions to be imposed against a party for having bargained for and obtained it. This Agreement is the entire agreement and understanding between the parties in connection with the subject matter of this Agreement and supersedes and cancels all prior agreements and understandings in connection with the subject matter of this Agreement. The Parties may by mutual agreement amend or supplement this Agreement at any time and from time to time; provided that that they must do so in writing, and such writing must be signed by CLIENT and CO -LEAD COUNSEL and approved by the ATTORNEY GENERAL OF THE STATE OF TEXAS as outlined in TEx. Gov'T CODE § 2254.1038. 4.2 The term of this Agreement begins upon date it is executed by the parties and continues until the Representation is concluded. This Agreement shall be of no force or effect until approved in writing by the City Manager or designee. 4.3 This Agreement is subject to review and approval by the ATTORNEY GENERAL OF THE STATE OF TEXAS. 4.4 CO -LEAD COUNSEL represents and warrants that they carry professional iability insurance in the following amounts: EILAND & BONNIN, PC $3,000,000 BARON AND BUDD LLP $3,000,000 COSSICH, SUMICH, PARSIOLA & TAYLOR $3,000,000 PFAS Legal Representation Agreement Page 10 of 12 Such insurance will cover all services rendered by or on behalf of CO -LEAD COUNSEL under this Agreement. 4.5 This Agreement shall be governed and interpreted under Texas substantive law and exclusive venue and jurisdiction of any lawsuit or claim arising out of or relating to this Agreement shall lie in the City of Fort Worth, Texas. Effective this the if1 C\ _ day of aO f\{@ DAV OOKE, CITY MANAGER CIT F FORT WORT - S Christopher B. Mosley Senior Assistant City Attorney Oannette Goodall, City Secretary FORT' A PFAS Legal Representation Agreement Page 11 of 12 , 2023. 12-t:,Z_3 Date 6 /;U 12- -5 Date Date OFFICIAL, RECORD Ci i Y SECRETARY FT. WORTH, TX L AGREED BY THE LAW FIRMS: Signature of Authorized Representative of Co -Lead Counsel ��''� 6.27,2023 ILAND BONNIN, PC Date 6q& 6-28-2023 BARB U D D *LP Date 6-28-2023 COSSICH, §UMICH, PARSIOLA & Date TAYLOR APPROVED BY OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF TEXAS: Deputy Attorney General for the State of Texas PFAS Legal Representation Agreement Page 12 of 12 Date City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0445 LOG NAME: 12EILAND & BONNIN SUBJECT (ALL) Adopt a Resolution Authorizing the City Attorney to Retain the Law Firms of EILAND & BONNIN, P.C., BARON & BUDD, and COSSICH, SUMICH, PARSIOLA & TAYLOR as Outside Legal Counsel to Represent the City on a Contingent Fee Basis for Claims Related to Firefighting Foam Products and/or Other Products Containing Perfluoroalkyl Substances Including Perfluorooctane Sulfonic Acid and Perfluorooctanic Acid, and Related Compounds RECOMMENDATION: It is recommended that the City Council adopt the attached resolution approving the retention of EILAND & BONNIN, P.C., BARON & BUDD, and COSSICH, SUMICH, PARSIOLA & TAYLOR as outside legal counsel to assist and represent the City of Fort Worth in matters related to claims for monetary damages, declaratory relief, and other legal remedies against manufacturers, designers, marketers, distributors, formulators, promoters, and/or sellers of firefighting foam products and/or other products containing perfluoroalkyl substances including perfluorooctane sulfonic acid and perfluorooctanic acid, and related compounds. Felt-14 RI-IneP►F The City intends to pursue claims for monetary damages, declaratory relief, and other legal remedies against manufacturers, designers, marketers, distributors, formulators, promoters, and/or sellers of firefighting foam products, known as aqueous film -forming foam and/or other products containing perfluoroalkyl substances including perfluorooctane sulfonic acid and perfluorooctanic acid, and related compounds as determined for testing, monitoring, remediating and/or treating soil and groundwater contamination. The City's desired outcome in pursuing the Litigation is to recover from the Defendants damages owed to the City for the cost and expense of testing, monitoring, remediating, and/or treating soil and groundwater contamination, in addition to other relief allowed for the costs and expense of testing, monitoring, remediating and/or treating soil and groundwater contamination under the law. Therefore, there is substantial need for legal services. The City wishes to engage the following three law firms: OLAND & BONNIN, P.C., BARON & BUDD, and COSSICH, SUMICH, PARSIOLA & TAYLOR as CO -LEAD COUNSEL. The relationship with the three Counselors would span from the time of engaging them in the Litigation until it is completed. The City has no prior relationship with the Counselors. These lawyers have the experience necessary to handle such litigation as this. Payment will be on a contingency -fee basis and litigation expenses by Counselors will be deducted from settlement only upon recovery. A Form 1295 is not required because: This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. Submitted for Citv Manaaer's Office bv: ALL ACMs 6122 Oriainatina Business Unit Head: Leann Guzman 8973 Additional Information Contact: Leann Guzman 8973 Expedited FORTWORTH Routing and Transmittal Slip City Manager's Office ,,� Department DOCUMENT TITLE: PFAS & AFFF Legal Representation Agreement M&C 23-0445 CPN CSO # DOC# DATE: 6.15.23 TO: INITIALS DATE OUT 1. David Cooke ��' 2. Jannette Goodall 3. Laura Gregory 4 5 6. DOCUMENTS FOR CITY MANAGER'S SIGNTURE: All documents received from any and all City Departments requesting City Manager's signa ur or approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first when applicable. Once the ACM has signed the routing slip, David Cooke will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes ❑ No SAME DAY: ❑ Yes ❑ No NEXT DAY: X Yes ❑ No ROUTING TO CSO: X Yes ❑ No Action Required: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach signature, initial and Notary Tabs Return to: Please call or email Laura Gregory for pick up when completed. Thank you. 1' 1' INTEROFFICE MEMO TO: Chris Mosley/ Laura Gregory, City Attorney's Office FROM: Elisa Winterrowd, City Secretary's Office DATE: June 22, 2023 SUBJECT: PFAS & AFFF Legal Representation Agreement This document is being forwarded to you for original signatures. The signed copy of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received the document. Thank you in advance for your cooperation. If you have any questions, please call the City Secretary's Office at 817-392-6152 or 817-392-6150.