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...
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