Placement: Consent Agenda
Action Requested: Motion / Vote
title
Authorization to Retain the Ferraro Law Group as Outside Counsel.
body
Submitted By: Richard Shiller, Deputy City Attorney, City Attorney’s Office
Strategic Plan Link: The City’s Mission to provide exceptional municipal services.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Charles Snyderman, Paralegal, City Attorney’s Office.
2. Parties: City of Port St. Lucie and the Ferraro Law Group.
3. Purpose: To retain outside counsel to represent the City’s interests in current and future Per - and polyfluoroalkyl substances (PFAS) - related claims.
4. New/Renewal/Modified: New
5. Duration: The duration of litigation, if any, is unknown currently.
6. Benefits to Port St. Lucie: To obtain money damages for the remediation, removal, disposal, treatment, and monitoring of any contamination of the City’s surface water, ground water and reclaimed/reused/wastewater.
7. Cost to Port St. Lucie (Annual and Potential): Initially there will be no costs. Testing will be financed by the law firm. If litigation is filed, the City will not be responsible for any costs. If the litigation is successful, the law firm will be paid a fee of 15% to 20% of the award, depending on the length and complexity of the case.
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve the Litigation Retainer Agreement.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Litigation Retainer Agreement.
2. Move that the Council not approve the Litigation Retainer Agreement and provide staff with direction.
Background: Once retained, the Ferraro Law Group will coordinate with the City Attorney’s Office and Utility Systems Department to facilitate appropriate testing, and once completed, they will file a claim for each of the City’s wells.
Issues/Analysis: PFAS are a large group of manmade chemicals resistant to heat, water, and oil and get into drinking water when products or waste containing them are disposed of onto the ground or into lakes and rivers. Trace amounts of PFAS have been detected in City wells, and large-scale testing of wells is ongoing. The law firm will arrange for more in-depth testing, and if it is determined that the City has an actionable claim for PFAS contamination, the law firm will file suit, on a contingency basis, on the City’s behalf.
Financial Information: N/A.
Special Consideration: N/A.
Location of Project: N/A.
Attachments:
1. PFAS Litigation Retainer Agreement.
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 23348-01.
Legal Sufficiency Review:
Reviewed by Richard Shiller, Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, Interim City Attorney.