ORDINANCE NO. 241096

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Sponsor: Director of Law Department

Authorizing the City Attorney to execute a Cooperative Procurement Legal Services Contract with a joint team, consisting of the law firms Grant & Eisenhofer, P.A. and Seeger Weiss LLP, (collectively "Firms"), for the provision of legal services with respect to damages, compensation and other relief concerning per- and polyfluoroalkyl contamination ("PFAS"); and waiving the contract solicitation and award provisions.

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WHEREAS, thousands of cases have been filed against manufacturers of PFAS chemicals by affected entities, including many municipalities with sewer utilities and airports; and

WHEREAS, many of these cases have been consolidated in a Multidistrict Litigation ("MDL") currently proceeding in the Federal District Court of South Carolina, though other litigation strategies may also be available; and

WHEREAS, claims in the MDL generally assert that the chemical manufacturers and distributors are responsible for the foreseeable contamination of property by the use of aqueous film-forming foam ("AFFF") containing PFAS; and

WHEREAS, other PFAS related claims involve their use in the manufacturing process, and may not be limited to application of AFFF; and

WHEREAS, PFAS chemicals breakdown very slowly and have been dubbed "the forever chemical" by some; and

WHEREAS, there will be significant costs associated with determining the extent of PFAS contamination suffered by the City, the cost of remediation and regulatory compliance; and

WHEREAS, the City needs specialized outside Counsel to investigate and work with City personnel to determine the costs that the City has incurred as a result of the actions of the chemical manufacturers and distributors, and if appropriate bring an action against manufacturers and distributors of AFFF and other substances containing PFAS; and

WHEREAS, the Firms specialize in representing public entities in c...

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