HomeMy WebLinkAboutResolution 5930-04-2024A RESOLUTION
No. 5930-04-2024
AUTHORIZING THE RETENTION OF THE LAW FIRMS OF MARTEN
LAW LLP AND LLOYD GOSSELINK ROCHELLE & TOWNSEND, P.C.
AS LEGAL COUNSEL FOR LITIGATION AGAINST
MANUFACTURERS AND USERS OF AQUEOUS FILM- FORMING
FOAM PRODUCTS AND AUTHORIZING THE WATER DEPARTMENT
TO INCREASE THE AMOUNT TO BE PAID TO THE LAW FIRM OF
MARTEN LAW LLP
WHEREAS, per- and polyfluoroalkyl substances ("PFAS") are a class of man- made
chemicals linked to negative health and environmental outcomes that have been discovered in the
City of Fort Worth's drinking water sources; and
WHEREAS, the U.S. Environmental Protection Agency has proposed to regulate certain
PFAS under the Safe Drinking Water Act and Comprehensive Environmental Response,
Compensation, and Liability Act; and
WHEREAS, the City of Fort Worth has incurred or will be forced to incur significant costs
to treat its drinking water for PFAS; and
WHEREAS, the City Council of the City of Fort Worth finds that it is in the public interest
to continue to seek recovery for the costs of treating its drinking water for PFAS from certain
manufacturers, distributors, and users of AFFF and/or PFAS responsible for contaminating the
City's drinking water sources; and
WHEREAS, because of the complexity of the expected litigation and claims involved, the
City Attorney recommends that the City retain outside legal counsel with the specialized knowledge
and expertise necessary to initiate and sustain such litigation; and
WHEREAS, the law firm of Marten Law LLP possess the required knowledge and expertise
to assist the City with its claims and Lloyd Gosselink Rochelle & Townsend, P.C. has the requisite
knowledge and expertise to act as Iocal counsel; and
WHEREAS, on October 31, 2023, the City Council adopted M&C 23-0915 to retain the
law firm of Marten Law LLP as outside counsel for legal matters relating to class action litigation
related to aqueous film forming foam products in an amount not to exceed
$125,000; and
WHEREAS, to date, the cost of legal services by Marten Law LLP, as outside counsel to
provide legal representation regarding class action litigation related to aqueous film forming foam
products, has been approximately $150,000.00; and
WHEREAS, the litigation against manufacturers, distributors, and users of AFFF and/or
PFAS will be initiated within the year and it is estimated that an additional amount of $250,000.00
beyond the current authorized $125,000.00 will be needed for the legal services necessary to initiate
the litigation in state and/or federal court.
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 Iaw firms of Marten Law LLP and Lloyd Gosselink
Rochelle & Townsend, P.C. as outside legal counsel pursuant to Chapter VI, § 3 of the
City Charter, for legal services related to litigation against any applicable manufacturers,
distributors, and/or users of AFFF and/or PFAS, as outside counsel, in coordination
with the Fort Worth City Attorney's Office, deems appropriate.
2. The compensation authorized to be paid to the Law Firm of Marten Law LLP and Lloyd
Gosselink RocheIIe & Townsend, P.C. as outside counsel, to provide legal representation
regarding any Iitigation against any applicable manufacturers, distributors, and/or users
of AFFF and/or PFAS, is hereby increased from
$125,000.00 to $350,000.00.
Adopted this 9t' day of April 2024
ATTEST:
By: {J
Jannette S. Goodall, City Secretary
City of Fort worth, Texas
Mayor and Council Communication
DATE: 04/09/24 M&C FILE NUMBER: M&C 24-0298
LOG NAME: 60RETAIN MARTEN LAW LLP, LLOYD GOSSELINK, AND INCREASE FUNDING
SUBJECT
(ALL) Adopt Resolution Retaining Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C. and Increasing Compensation Paid to Marten
Law LLP to an Amount Not to Exceed $375,000.00 for Legal Services Related to Litigation Against Manufacturers, Distributors, and/or Users of
Aqueous Film -Forming Foam Products and/or Per -and Polyfluoroalkyl Substances Involving the Water Department
RECOMMENDATION:
It is recommended that the City Council adopt the attached Resolution approving the retention of Marten Law LLP and Lloyd Gosselink Rochelle &
Townsend, P.C. and increasing the compensation paid to Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C., in an amount not to
exceed $375,000.00 for legal services for the Water Department involving litigation against the manufacturers, distributors, and/or users of
aqueous film forming foam products and/or per -and polyfluoroalkyi substances.
DISCUSSION:
On October 31, 2023, by Mayor and Council Communication (M&C) 23-0915 and Resolution No. 5834-10-2023, the City Council approved the
Law Firm of Marten Law LLP, as legal counsel to provide representation regarding the City's status as a class member in federal multi -district
class action litigation (MDL) in which E.I. DuPont de Nemours and Company and the 3M Company are defendants. On November 28, 2023, by
Resolution No. 5850-11-2023, the City Council authorized the commencement of litigation in the MDL against 3M, DuPont, other Aqueous Film -
Forming Foam (AFFF) manufacturers, and other necessary defendants including, but not limited to, the United States Department of Defense,
after fulfilling Federal Tort Claims Actjurisdictional prerequisites. Marten Law LLP recommends that the City obtain the Law Firm of Lloyd
Gosselink Rochelle & Townsend, P.C., to assist Marten Law LLP in commencing this litigation. The City anticipates litigation will commence by the
end of 2024.Once suit is filed after satisfying jurisdictional prerequisites, there will likely be more fees generated necessitating future M&Cs for
increased funding.
Adoption of this Resolution will increase the amount of compensation to be paid to the Law Firms of Marten Law LLP and Lloyd Gosselink
Rochelle & Townsend, P.C., by $250,000.00, for a total amount of $375.000.00.
Funding is budgeted in the Water and Sewer Fund for the Water Department.
FISCAL jNFORMATION / 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 and 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 by: ALL ACMs 6122
Originating Business Unit Head: Leann Guzman 8973
Additional Information Contact: Leann Guzman 8973