ORDINANCE NO. 260275
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Sponsor: Director of Law Department
Authorizing the City Attorney to execute a sole source specialized legal services contract with the law firm of Grant & Eisenhofer, P.A. for the provision of legal services related to certain firefighter protective gear; and waiving contract solicitation and award provisions.
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WHEREAS, the City issues firefighters certain protective gear commonly known as “turnout gear” or “bunker gear;” and
WHEREAS, the City has learned that some of this protective gear contains PFAS chemicals, resulting in elevated risks to firefighters; and
WHEREAS, the manufacturers, distributors, and others involved in the provision of this protective gear were aware of the risks associated with PFAS chemicals and failed to disclose those risks to the City and to provide adequate safety warnings, rendering the products defective and unsafe; and
WHEREAS, City’s costs for mitigating firefighter exposure to PFAS laden gear, as well as replacement and disposal of the protective gear will be significant; and
WHEREAS, the City would like to explore the possibility of litigation against those involved in the development, design, manufacture, distribution, marketing, selling, providing, or otherwise facilitating delivery and, if reasonably feasible, file suit against them; and
WHEREAS, the City needs specialized outside counsel to investigate and work with City personnel to investigate and evaluate the possibility of litigation, and if reasonably feasible, to file suit or suits representing the City; and
WHEREAS, the firm of Grant & Eisenhofer, P.A. specializes in representing public entities in both class action and complex litigation matters, as well as particular expertise in PFAS-related litigation; and
WHEREAS, Grant & Eisenhofer currently represents other governmental entities in a class action suit with claims similar to those the City might have; and
WHEREAS, the City will not advance any funds, as any contract for legal services will contain a contingency fee arrangement with all legal fees and expenses subtracted from any future settlement or damage recovery; and
WHEREAS, Section 3-35(b)(5), Code of Ordinances, provides that if the Council finds that it is in the best interest of the City, the Council may waive the contract solicitation and award provisions otherwise set out in the Code of Ordinances; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS ITY:
Section 1. That the City Attorney is hereby authorized to negotiate and execute a sole source legal services contract and any contract amendments on a contingent-fee basis with the law firm of Grant & Eisenhofer, P.A. for the provision of legal services relating to certain firefighter protective gear purchased by the City.
Section 2. That the City Council hereby finds that due to the specialized and highly technical nature of the legal services needed for representing public entities in both class action suits and complex litigation, it is in the best interest of the City to waive the contract solicitation and award provisions pursuant to Section 3-35(b)(5) of the City’s Code of Ordinances and award the contract to Grant & Eisenhofer, P.A
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Approved as to form:
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James Brady
Senior Associate City Attorney