HomeMy WebLinkAboutResolution 5834-10-2023 (2) A RESOLUTION
No. 5834-10-2023
AUTHORIZING THE RETENTION OF THE LAW FIRM OF MARTEN LAW
LLP AS OUTSIDE LEGAL COUNSEL FOR LEGAL MATTERS RELATING TO
CLASS ACTION LITIGATION RELATED TO AQUEOUS FILM-FORMING
FOAM PRODUCTS
WHEREAS,federal multi-district class action litigation is currently pending against manufacturers
of aqueous film-forming foam products; and
WHEREAS, E.I. Dupont de Nemours and Company and the 3M Company have negotiated
preliminary settlements agreements with the plaintiffs;and
WHEREAS, the preliminary settlement agreements contain opt-out dates for potential claimants
to decide to opt-in or opt-out of the settlement agreement; and
WHEREAS,the opt-out date for potential claims against E.I. DuPont de Nemours and Company
is December 4, 2023 and the opt-out date for potential claims against the 3M Company is December 11,
2023;and
WHEREAS,the City of Fort Worth is a potential claimant against both defendants; and
WHEREAS, because of the extraordinary complexity of the litigation and the claims involved,
the City Attorney recommends that the City retain outside legal counsel with the specialized knowledge
and expertise necessary to advise the City; and
WHEREAS,the law firm of Marten Law LLP possesses the required knowledge and expertise to
assist the City with its potential claims.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH,TEXAS,THAT:
1. The City is authorized to retain the law firm of Marten Law LLP as outside legal counsel
pursuant to Chapter Vl, §3 of the City Charter,for legal services related to pending class action
litigation against E.I. Dupont de Nemours and Company, the 3M Company, and other
defendants relating to aqueous film-forming foam products.
Adopted this 31sT day of October, 2023. �ya �O,40
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: 10/31/23 M&C FILE NUMBER: M&C 23-0915
LOG NAME: 12MARTEN LAW FIRM PFAS
SUBJECT
(ALL)Adopt Resolution Retaining the Law Firm of Marten Law LLP,in an Amount Not to Exceed$125,000.00,as Outside Counsel for Legal
Matters Relating to Class Action Litigation Related to Aqueous Film-Forming Foam Products
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of the law firm of Marten Law LLP,in an amount not
to exceed$125,000.00,as outside legal counsel to assist and represent the City in class action litigation related to aqueous film-forming foam
products.
DISCUSSION:
There is currently class action litigation pending against manufacturers of synthetic per-and polyfluoroakyl substances,commonly known as PFAS,
relating to contamination that impacts governmental water utilities.The City has been named as a potential claimant in the litigation.Two of the
defendants, E.I. DuPont de Nemours and Company and the 3M Company,have negotiated preliminary settlement agreements with the plaintiffs.
The court has established deadlines for the City to determine whether to submit objections to the settlement agreements,accept the settlement
agreements,or continue in the litigation.The deadline for submitting objections to the E.I. DuPont de Nemours and Company settlement
agreement is November 4,2023.The deadline for submitting objections to the 3M Company settlement agreement is November 11,2023.
On June 13,2023 Mayor&Council Communication(23-0445),the City Council authorized 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 relating to PFAS. Hiring law firms on a contingency fees basis requires the approval of the Texas Attorney General's Office.
The Texas Attorney General's Office has not approved these contracts. Due to the upcoming deadlines to determine whether to submit objections
or accept the settlement agreements,hiring outside counsel on an hourly basis is necessary.
Due to the complex nature of the litigation,the specialized subject matter,and the importance to the City,the City desires that the law firm of
Marten Law LLP represent the City in the class action litigation with regard to determining whether to submit objections,or whether to accept the
settlement agreements.
Legal fees are not expected to exceeed$125,000,00.
Funding is budgeted in the Consultant&Other Prof Service account within the Water&Sewer Fund for the Water Strategic Operations
Department.
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 upon approval of the recommendation,funds are available in the current operating budget,as previously
appropriated, in the Water&Sewer Fund. Prior to an expenditure being incurred,the Water Department has the responsibility to validate the
availability of funds.
Submitted for City Manager's Office bk ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973
Expedited