Placement: Consent Agenda
Action Requested: Motion / Vote
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Authorization to Retain the Ferraro Law Group as Outside Counsel.
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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 drin...
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