Explanation
BACKGROUND: The mission of the City of Columbus, Department of Public Safety, Division of Fire (“Division of Fire”) is to serve the community, first, by preventing emergencies through education and inspection and, second, by minimizing injury, death, and property destruction due to fires, natural disasters, and other emergencies while providing timely and effective emergency medical services. In support of that mission, the City of Columbus (“City”) is committed to its firefighters’ health and well-being and to taking reasonable steps to avoid passing onto taxpayers the costs of detecting and replacing potentially-contaminated firefighting assets, including firefighter personal protective equipment (commonly referred to as “turnout gear”). Towards this end, the City Attorney’s office, on behalf of the Department of Public Safety, has been exploring the various legal options that may be available to assist the City in investigating and assessing potential claims arising out of the possible presence, use, and remediation of per- and polyfluoroalkyl substances (“PFAS”), including aqueous film-forming foam (“AFFF”), at or affecting City facilities, equipment, operations, personnel, property, or service areas and, if warranted, to represent the City in any civil action that may be filed (“Legal Action”).
The City Attorney’s office is in need of special legal counsel to assist in pursuing these legal options. After consideration, the City Attorney has selected the law firm of Grossman & Kelly, LLP to serve as special legal counsel for this matter.
FISCAL IMPACT: While there is no cost to the City as a result of this contract, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Emergency designation: Emergency designation is requested as, in the usual daily operation of the City Attorney’s office, it is necessary to authorize the City Attorney to enter into a contract with Grossman & Kelly, LLP in order to allow the assistance of special counsel to commence immediately to pursue the City’s legal options, including by taking Legal Action.
Title
To authorize the City Attorney, on behalf of the Department of Public Safety, to enter into contract with Grossman & Kelly, LLP for special legal counsel services regarding potential Legal Action pertaining to the possible presence, use, and remediation of PFAS, including AFFF, at or affecting City facilities, equipment, operations, personnel, property, or service areas; and to declare an emergency. ($0.00)
Body
WHEREAS, the mission of the Division of Fire is to serve the community, first, by preventing emergencies through education and inspection and, second, by minimizing injury, death, and property destruction due to fires, natural disasters, and other emergencies while providing timely and effective emergency medical services; and
WHEREAS, in support of the Division of Fire’s mission, the City is committed to its firefighters’ health and well-being and to taking reasonable steps to avoid passing onto taxpayers the costs of detecting and replacing potentially-contaminated firefighting assets, including firefighter personal protective equipment (commonly referred to as “turnout gear”); and
WHEREAS, the City Attorney’s office, on behalf of the Department of Public Safety, has been exploring the various legal options that may be available to assist the City in investigating and assessing potential claims arising out of possible presence, use, and remediation of PFAS, including AFFF, at or affecting City facilities, equipment, operations, personnel, property, or service areas and, if warranted, to represent the City in any Legal Action; and
WHEREAS, the City Attorney has a need for special legal services with regard to any Legal Action pertaining to the possible presence, use, and remediation of PFAS, including AFFF, at or affecting City facilities, equipment, operations, personnel, property, or service areas; and
WHEREAS, after consideration, the City Attorney has selected the law firm of Grossman & Kelly, LLP to serve as special legal counsel for this matter; and
WHEREAS, while there is no upfront cost to the City, City Council approval is being sought due to the legally binding commitment being made therein to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City; and
WHEREAS, an emergency exists in the usual daily operation of the City Attorney’s office in that it is necessary to authorize the City Attorney to enter into a contract with Grossman & Kelly, LLP in order to allow the assistance of special counsel to commence immediately to pursue the City’s legal options, including by taking Legal Action, all for the immediate preservation of the public health, peace, property, safety and welfare; and NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Attorney, on behalf of the Department of Public Safety, is hereby authorized to enter into contract with Grossman & Kelly, LLP for special legal counsel pertaining to the possible presence, use, and remediation of PFAS, including AFFF, at or affecting City facilities, equipment, operations, personnel, property, or service areas.
Section 2. That said contract shall provide that there shall be no obligation by the City to pay any fee to special legal counsel or reimburse them for reasonable litigation expenses if nothing is recovered from any adversary and that the City agrees to pay attorney fees and reimburse for reasonable litigation expenses solely on a contingency basis from any recovery related to the portion of any matter resolved in favor of the City.
Section 3. That for the reasons stated in the preamble hereto which are hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and immediately after its passage and signature by the Mayor, or within 10 days thereafter if the Mayor neither signs nor vetoes the same.