Explanation
BACKGROUND: The City of Columbus (“City”) is committed to reducing litter and to identifying and holding responsible the parties that contribute to the problem. One of most heavily-littered items in the City is tobacco product waste (“TPW”), including cigarette butts, which not only are an eyesore but also can detrimentally impact the environment and public health because they are composed of, among other ingredients, microplastics. Towards this end, the City Attorney’s office, on behalf of the Department of Public Utilities, 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 costs and harms from microplastics, including TPW such as cigarette butts, against responsible parties 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 filing a Legal Action, for the immediate preservation of the public peace, property, health, or safety.
Title
To authorize the City A...
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