Explanation
Background:
This ordinance will authorize the City Attorney to enter into a special counsel agreement with a committee of attorneys and law firms (collectively known as the City of Columbus Litigation Group) to assist the City Attorney with the investigation and potential litigation against others who manufactured, distributed, marketed or sold lead pigments and/or lead-based paint in the City of Columbus.
Fiscal Impact:
Funds do not need to be specifically budgeted for these services. There is no cost associated with this ordinance because the special counsel agreement will be a contingency fee arrangement with expenses advanced by special counsel. If a settlement is achieved, City Council authorization will be necessary to approve the settlement and appropriate payment of attorney fees and expenses in accordance with the terms of the special counsel agreement.
Emergency action is sought in order to immediately begin the investigation into the City's potential legal claims and to possibly recover funds in order to address and deter childhood lead poisoning through abatement, education and facilitation of treatment.
Title
To authorize the City Attorney to enter into a special counsel agreement for legal services with a committee of attorneys and law firms (collectively known as the City of Columbus Litigation Group) which includes: Motley Rice, LLC; Crabbe Brown & James LLP; Jon L. Gelman, Esq.; O'Shea & Associates Co., LPA; Lipton Law LLC; and Gerken Law Office to advise and represent the City in matters relating to claims which the City has, or may have, against others relating to the presence of and effects from lead paint in the City of Columbus; and to declare an emergency.
Body
Whereas, although the use of lead paint was banned for residential use in the United States in 1978, lead paint is still present in and on many homes and buildings throughout the City of Columbus; and
Whereas, the Center for Disease Control defines lead poisoning as a confirmed level of lead in human blood of ten micrograms per deciliter (10ug/dl) or greater; and
Whereas, approximately 2,578 children in Columbus were diagnosed with lead poisoning from 1996 to 2005; and
Whereas, lead from paint causes a wide array of health problems in children, including significant reductions in IQ, permanent learing disabilities, speech and hearing problems, loss of attention span, slowed growth and behavioral problems. High levels of lead exposure can cause seizures, convulsions, coma and even death; and
Whereas, lead poisoning has caused permanent and significant health problems for the children of Columbus; and
Whereas, the presence of lead in paint in homes throughout the City of Columbus constitutes a serious public health problem and a public nuisance; and
Whereas, significant public funds have been expended in the effort to remediate homes and buildings with lead-based paint and to prevent lead poisoning in the City; and
Whereas, it is in the best interest of the City to investigate and take legal action against those entities that caused or contributed to the creation of a public nuisance arising from the use of lead contained in paints and pigments in the City of Columbus; and
Whereas, the Columbus Board of Health passed a resolution on July 18, 2006 in support of the City's efforts to retain special counsel to investigate and pursue potential litigation. The Board expressed its desire that any funds recovered from this action be directed to lead remediation, the preventation of lead poisoning and facilitation of treatment of lead poisoned children.
Whereas, an emergency exists in the usual daily operations of the City in that it is immediately necessary for the public peace, health, safety and welfare of the City to enable the City Attorney to enter into a contract for such services; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
Section 1. That the City Attorney is authorized to enter in a special counsel agreement for legal services with Motley Rice, LLC; Crabbe Brown & James LLP; John J. Gelman, Esq.; O'Shea & Associates Co., LPA; Lipton Law LLC; and Gerken Law Office to advise and represent the City in matters relating to claims which the City has, or may have, against others relating to the presence of and effects from lead paint in the City of Columbus. See attachment ORD 1304-2006special.doc
Section 2. That no funds shall be expended under this ordinance. The special counsel agreement shall provided for a contigency fee arrangement and the City's obligations under the agreement will require Council approval and appropriation upon monetary settlement of any potential litigation.
Section 3. That the provisions of Chapter 329 of the Columbus City Code relative to the procument of professional services are hereby waived being deemed to be in the best interest of the City for the reasons that this contract requires specialized legal knowledge and experience. See attachment ORD1304-2006bidwaiver.doc
Section 4. That for the reasons set forth in the preamble hereto which is incorporated as if fully restated herein, this ordinance is hereby deemed to be an emergency measure and shall take effect and be in force from and immediately after its passage and approval by the Mayor or ten (10) days after passage if the Mayor neither approves nor vetoes the same.