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File #: 2051-2023    Version: 1
Type: Ordinance Status: Passed
File created: 6/29/2023 In control: Public Utilities Committee
On agenda: 7/10/2023 Final action: 7/13/2023
Title: To authorize the City Attorney, on behalf of the Department of Public Utilities, to enter into contract with Taft Stettinius & Hollister, LLP; Law Office of Kevin Madonna, PLLC; SL Environmental Law Group PC; Douglas & London, P.C.; Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A., Kelley Drye & Warren LLP for special legal counsel services regarding Legal Action pertaining to the treatment and remediation of water contaminated by PFAS; and to declare an emergency.
Sponsors: Rob Dorans, Emmanuel V. Remy
Explanation

BACKGROUND: The City of Columbus is committed to delivering clean drinking water to its citizens and to identifying responsible parties and taking reasonable steps to avoid passing on the costs to its consumers for the treatment and remediation of contaminated water. 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 possible presence of contaminants in water supply wells affecting the City’s water systems 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 pursing these legal options.
Taft Stettinius & Hollister, LLP; Law Office of Kevin Madonna, PLLC; SL Environmental Law Group PC; Douglas & London, P.C.; Levin, Papantonio, Rafferty, Proctor, Buchanan, O’Brien, Barr, Mougey, P.A., Kelley Drye & Warren LLP (collectively the “Firms”) are together a team of uniquely qualified and experienced attorneys who have joined together to assist public entities facing the challenges posed by contamination with per- and polyfluoroalkyl substances (“PFAS”). The Firms are comprised of the foremost attorneys in the nation with experience both in PFAS litigation and in the representation of public entities and water suppliers in cases involving groundwater contamination. After consideration, the City Attorney has selected the Firms 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.

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