HomeMy WebLinkAboutContract 61018CSC No. 61018
FORT WORTH
October 16, 2023
Jessica K. Ferrell
Marten Law LLP
1191 Second Ave.
Suite 2200
Seattle, Washington 98101
RE: Representation of the City of Fort Worth Regarding Its Potential Claims in the
Matter In Re: Aqueous Film -Forming Foam Product Liability Litigation 2:18-nm-
2873-RMG (D. South Carolina)
Dear Ms. Ferrell:
The purpose of this letter is to formalize your engagement as the City's counsel pursuant to the
City of Fort Worth's Policy on the Engagement of Outside Counsel (attached as Exhibit "A"). I
have been assigned to the case as the Reviewing City Attorney and will be your primary point of
contact during your representation of the City.
You are being retained to represent the City pursuant to Chapter VI, Section 3 of the City Charter
due to your knowledge and expertise in advising municipalities on the regulation of PFAS and
the details of the preliminary agreements in the PFAS class action litigation involving the 3M
Company and the E.I. DuPont de Nemours Company. This agreement does not in any way
authorize you or your firm to enter into any agreements on behalf of the City. Any and all
agreements involving the payment of public funds by the City of Fort Worth must be approved
by the City Manager or by the City Council of the City of Fort Worth, depending on the amount.
Your services will be utilized in representing the City of Fort Worth in advising the City
Attorney's Office and appropriate City Staff as to: 1) the benefits and risks of opting -in to the
preliminary agreements in the pending PFAS litigation involving the 3M Company and the E.I.
DuPont de Nemours Company; 2) undertaking any required water -testing regimes the City must
comply with based on the terms of these preliminary agreements; 3) federal immunity issues
regarding the Department of Defense's liability for PFAS contamination caused by operations at
military installations; and 4) the liability that Department of Defense contractors (e.g., Lockheed
Martin) may have for causing PFAS contamination. The City Council has
approved compensation up to $ 10,000.00 TBD. We will discuss in advance your role beyond
this scope and compensation in the event necessary.
OFFICE OF THE CITY ATTORNEY OFFICIAL RECORD
The City of Fort Worth * 200 Texas Street * Fort Worth, Texas 76102 CITY SECRETARY
817-392-7600 * Fax 817-392-8359 FT. WORTH, Tx
Ms. Jessica K. Ferrell
Attorney Engagement Letter
Page 2
If these terms are acceptable to you, please sign the attached Acceptance Letter and return it to
me. If you wish to discuss any aspect of your representation further before accepting, please call
me at (817) 392- 8973.
Sincerely,
ZeaKlt �azlffaff
Leann Guzman
City Attorney
Encl.
Acceptance of Representation of the City of Fort Worth in
Advising the City of Fort Worth Regarding Its Potential Claims in the Matter
In Re: Aqueous Film -Forming Foam Product Liability Litigation
2:18-nm-2873 RMG (D. South Carolina)
To: City of Fort Worth
c/o Chris Mosley (Reviewing City Attorney)
This is to acknowledge that I hereby agree to represent during the redistricting of City Council
districts for the City of Fort Worth following the 2020 Census, in accordance with the terms and
conditions as specified in the City's Engagement Letter and the City of Fort Worth's Policy on
Engagement of Outside Legal Counsel.
10/25/2023
Jessica Ferrell Date
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 VI, §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 31 ST day of October, 2023.
ATTEST: p
By: (�
Jannette S. Goodall, City Secretary
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 Manaaer's Office bv: ALL ACMs 6122
Oriainatina Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973
Expedited
CITY OF FORT WORTH
Fernando Costa
Assistant City Manager
Date: Feb 26, 2024
APPROVAL RECOMMENDED:
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Christopher Hard (Feb 26, 20241149 CST)
Chris Harder, P.E.
Water Department Director
APPROVED AS TO FORM AND LEGALITY:
Chris Mosely
Sr. Assistant City Attorney
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Jannette S. Goodall
City Secretary
No M&C Required
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
Stacy Walt slFeb26,20241146CST;
Stacy Walters, Regulatory -Environmental Administrator
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX