City Council

Agenda — 9 items

1. Emergency Resolution Finding That There is a Substantial Need For the Legal Services of Baron & Budd, P.C. and Cossich, Summich, Parsiola & Taylor LLC, Finding That the Legal Services Cannot be Adequately Performed by the Attorneys and Supporting Personnel of the Political Subdivision, and Finding That the Legal Services Cannot Reasonably be Obtained from Attorneys in Private Practice under a Contract Providing Only for the Payment of Hourly Fees for Reasons Prescribed Hereunder, Pursuant to Section 2254.1036(b) of the Texas Government Code; Providing for the Repeal of Conflicting Legislation; Providing for Severability; and Finding and Determining That the Meetings at Which the Resolution Were Discussed Were Open to the Public as Required by Law; and Establishing An Effective Date.
2. Discuss and approve a contingent fee contract with the law firms of Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC for legal services in connection with, first, the preparation and filing of settlement claim forms and supporting documentation for compensation from certain manufacturer(s) of aqueous film forming foam containing perfluoroalkyl substances (“PFAS”), pursuant to various settlement agreements arising out of or in connection to the Aqueous Film Forming Foam Products (“AFFF”) Liability Litigation (MDL 2873) in the Federal District Court for the District of South Carolina, second, the collection of claims owed to the City, being compensation due to the City from certain manufacturer(s) of AFFF containing PFAS arising out of or in connection to the AFFF Products Liability Litigation (MDL 2873), and furthermore approve a written statement of the findings of City Council. Specifically, the City Council will discuss and consider whether Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC are well-qualified law firms based on demonstrated competence, qualifications and experience in collecting compensation in federal products liability litigation against manufacturers of PFAS-containing products, and whether the contract negotiated between the City of Big Spring, Texas, Baron & Budd, P.C., and Cossich, Sumich, Parsiola & Taylor LLC, is for a fair and reasonable price as provided for in Texas law.In Accordance with Texas Government Code, section 2254.1036(a)(1), the City of Big Spring, Texas provides the following written notice to the public in connection with the above agenda item:1. The City of Big Spring, Texas is pursuing the legal services of Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC, a partnership comprising two litigation law firms each with expertise in PFAS-related litigation and compensation, to collect compensation owed to the City of Big Spring, Texas pursuant to various settlement agreements entered into with manufacturer(s) of PFAS-containing products pursuant to the Aqueous Film Forming Foam Products Liability Litigation (MDL 2873). The desired outcome of the legal services would be for the City of Big Spring, Texas to collect the maximum compensation that the City is owed in as short a time period as is possible.2. Baron & Budd, P.C. have been competently representing plaintiffs in lawsuits and class actions against major corporations for more than 45 years of practice and have been competently acting as class counsel in PFAS-related litigation and settlement. The firm is currently one of four class counsels directly involved in representing the various plaintiffs, being various municipalities and public water systems, in the Aqueous Film Forming Foam Products Liability Litigation (MDL 2873) where Scott Summy, head of the firm’s water contamination litigation group, is serving as co-lead counsel and to which the compensation sought in this matter relates. Baron & Budd, P.C. is a competent, qualified, and experienced litigation law firm with expertise in PFAS-related litigation and compensation.3. Cossich, Sumich, Parsiola & Taylor LLC have been competently representing thousands of plaintiffs in class action suits and have been competently acting as part of the team of architects of the DuPont settlement structure, which is one of the various settlement agreements in the Aqueous Film Forming Foam Products Liability Litigation (MDL 2873) for which compensation is sought in this matter. Cossich, Sumich, Parsiola & Taylor LLC is a competent, qualified, and experienced litigation law firm with expertise in PFAS-related litigation and compensation.4. The City of Big Spring, Texas is pursuing the legal services of Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC, a partnership comprising two litigation law firms each with expertise in PFAS-related litigation and compensation, to collect compensation owed to the City of Big Spring, Texas pursuant to various settlement agreements entered into with manufacturers of PFAS-containing products pursuant to the Aqueous Film Forming Foam Products Liability Litigation (MDL 2873). The desired outcome of the legal services would be for the City of Big Spring, Texas to collect the maximum compensation that the City is owed in as short a time period as is possible.5. The legal services desired by the City of Big Spring, Texas that are the subject of the contract cannot be adequately performed by the attorneys and supporting personnel of the City of Big Spring, Texas because the City of Big Spring, Texas presently does not have on staff an attorney admitted to practice before the United States District Court for the District of South Carolina. Filing of an application for admission to practice in federal district court or a Pro Hac Vice motion to permit appearance by an attorney not admitted to practice before a specific court may be subject to processing timelines, which may impede the ability of the City of Big Spring to submit its settlement claim forms before the impending claim submission deadline of July 31, 2026 (which may or may not be subject to change). Additionally, in order to meet the requirements and criteria necessary for a successful claim, it would be necessary to prioritize the proper preparation, collation, and submission of the settlement claim documents and all supporting and attendant documentation in accordance with any requirements stipulated in the lawsuit or required by the claims administrator, which would inherently limit the ability of the City of Big Spring’s attorney and supporting legal personnel to participate in matters unrelated to the AAAF products liability litigation, including providing legal services in support of the day-to-day functions and operations of the City of Big Spring. For the preceding reasons and possible other legitimate reasons, it is prudent that the City of Big Spring enter into a contingent fee contract to procure legal services of Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC to represent the City in the submission of settlement claim forms and the collection of compensation owed to the City of Big Spring for PFAS-related claims concerning its public drinking water system.6. The legal services desired by the City of Big Spring, Texas that are the subject of the contract cannot be reasonably obtained from attorneys in private practice under a contract providing for the payment of hourly fees without contingent because the matter will require a significant time investment and is anticipated to be ongoing for several years after the July 31, 2026 deadline with possible submission of supplemental claim forms and supporting documentation on future PFAS testing and detections, and the City of Big Spring, Texas does not have funds in its budget to pay the estimated ongoing hourly fees and other costs incurred to implement an effective claim submission and compensation collection program under a contract providing only for the payment of hourly fees and costs.7. To prepare, collate, and file the necessary settlement claim forms for compensation owed to the City of Big Spring from certain manufacturer(s) of aqueous film forming foam containing perfluoroalkyl substances as provided under various settlement agreements pursuant to Aqueous Film Forming Foam Products Liability Litigation (MDL 2873), a contingent fee contract with Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC is in the best interests of the residents of the City of Big Spring, Texas.8. To collect, in as short a time as possible, the maximum compensation owed to the City of Big Spring from certain manufacturer(s) of aqueous film forming foam containing perfluoroalkyl substances as provided under various settlement agreements pursuant to Aqueous Film Forming Foam Products Liability Litigation (MDL 2873), a contingent fee contract with Baron & Budd, P.C. and Cossich, Sumich, Parsiola & Taylor LLC is in the best interests of the residents of the City of Big Spring, Texas.
3. Consideration and Possible Action to Approve an Administrative Services Agreement with Big Spring Economic Development Corporation and Authorizing the Mayor to Execute any Necessary Documents
4. Consideration and Possible Action to Approve an Interlocal Cooperation Agreement with the City of Stanton for Fire Marshal Services and Authorizing the City Manager or His Designee to Execute any Necessary Documents
5. Consideration and Possible Action to Approve an Agreement with Pitney Bowes, Inc. for Mailing Equipment, and Authorization for the City Manager or His Designee to Execute any Necessary Documents
6. Consideration and Possible Action to Approve an Agreement with ClearGov for the Implementation of Software for Annual Comprehensive Financial Reporting and Personnel Budgeting Software and Authorizing the City Manager or His Designee to Execute any Necessary Documents.
7. Adjourn into Executive Session in Accordance with the Purposes Permitted by the Open Meetings Act, Section 551.072 Texas Government Code, "Deliberation Regarding Real Property; Closed Meeting," to Deliberate the Purchase, Exchange, Lease, or Value of Real Property when Deliberation in an Open Meeting Would have a Detrimental Effect on the Position of the Governmental Body in Negotiations with a Third Person and with the Purposes Permitted by the Open Meetings Act, Section 551.087, Texas Government Code, “Deliberation Regarding Economic Development Negotiations; Closed Meeting” to Discuss and Deliberate Economic Development Negotiations, and with the Purposes Permitted by the Open Meetings Act, Section 551.071, Texas Government Code, "Consultation with Attorney; Closed Meeting," and the Texas Disciplinary Rules of Professional Conduct, to Provide Legal Advice and Counsel on Contemplated Litigation.
8. Call to Order
9. Consideration and Possible Action to Award a Bid for the Water Line, Valve and Fire Hydrant Replacement Project and Authorizing the City Manager or His Designee to Execute any Necessary Documents.

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