HomeMy WebLinkAboutResolution 6090-05-2025A RESOLUTION
No. 6090-05-2025
AUTHORIZING THE WATER DEPARTMENT TO INCREASE
THE AMOUNT OF COMPENSATION TO BE PAID TO THE LAW
FIRMS OF MARTEN LAW LLP AND LLOYD GOSSELINK
ROCHELLE & TOWNSEND, P.C.
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 promulgated rules
regulating certain PFAS on April 8, 2024, under the Safe Drinking Water Act and on April
19, 2024, under the 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, 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 local 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, on April 9, 2024, the City Council adopted M&C 24-0298 to retain
the law firms of Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C. as
outside counsel for legal matters relating to class action litigation related to aqueous film
forming foam products in an amount not to exceed $375,000.00; and
WHEREAS, on June 11, 2024, the City Council adopted M&C 24-0510 to increase
compensation paid to the law firms of Marten Law LLP and Lloyd Gosselink Rochelle &
Townsend, P.C. by $500,000.00 for an amount not to exceed $875,000.00; 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 $760,000.00; and
WHEREAS, the City initiated litigation against manufacturers, distributors, and
users of AFFF and/or PFAS in March 2025,and it is estimated that an additional amount of
$1,000,000.00 beyond the current authorized $875,000.00 will be needed for the legal
services necessary to initiate the Iitigation 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 compensation authorized to be paid to the Law Firm of Marten Law LLP and
Lloyd Gosselink Rochelle & Townsend, P.C. as outside counsel, to provide legal
representation regarding any litigation against any applicable manufacturers,
distributors, and/or users of AFFF and/or PFAS, is hereby increased from
$875,000.00 to $1,875,000.00.
Adopted this 13th day of May 2025.
ATTEST: �
By:
Jannette S. Goodall, City Secretary
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 05/13/25 M&C FILE NUMBER: M&C 25-0410
LOG NAME: 60INCREASE FUNDING TO MARTEN LAW LLP AND LLOYD GOSSELINK
SUBJECT
(ALL) Adopt Resolution Increasing Compensation Paid to Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C., by $1,000,000.00 for
a Total Amount Not to Exceed $1,875,000.00 for Legal Services Related to Litigation Against Manufacturers, Distributors, and/or Users of
Aqueous Film -Forming Foam Products and/or Per -and Poly luoroalkyl Substances Involving the Water Department
RECOMMENDATION:
It is recommended that the City Council adopt the attached resolution increasing the compensation paid to Marten Law LLP and Lloyd Gosselink
Rochelle & Townsend, P.C., by $1,000,000.00 for a total amount not to exceed $1,875,000.00 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 polyfluoroalkyl 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 iri federal multi -district
class action litigation (MDL) in which E.I. DuPont de Nemours and Company and the 3M Company are defendants, the amount was $125,000.00.
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 Act jurisdictional prerequisites.
On April 9, 2023, by Resolution 5930-04-2024, the City Council authorized the City to retain Marten Law LLP and Lloyd Gosselink Rochelle &
Townsend, P.C. and increased the total compensation paid to Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C, by $250,000.00,
for a total amount of $375,000.00.On June 11th, 2024, by Resolution 5961-06-2024, the City Council authorized an increase in the total
compensation paid to Marten Law LLP and Lloyd Gosselink Rochelle & Townsend, P.C., by $500,000.00, for a total amount of $875,000.00.
The City filed suit against the 3M, DuPont, other AFFF manufacturers, and other necessary defendants, including, but not limited to, the United
States Department of Defense; on March 10, 2025. Due to the complex nature of this litigation, future M&C's requesting increased funding may be
necessary.
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 $1,000,000.00, for a total amount of $1,875,000.00.
Funding is budgeted in the Consultant & Other Prof Service account within the Water & Sewer Fund for the Water Strategic Operations
Department,
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 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 Jesica McEachern 5804
Originating Business Unit Head:
dditional Information Contact:
Expedited
Chris Harder 5020
Leann Guzman 8973