HomeMy WebLinkAboutCity Council Packet 04.22.2025
AGENDA
CITY OF LAUREL
CITY COUNCIL MEETING
TUESDAY, APRIL 22, 2025
6:30 PM
COUNCIL CHAMBERS
WELCOME . . . By your presence in the City Council Chambers, you are participating in the process of representative
government. To encourage that participation, the City Council has specified times for citizen comments on its agenda -- once
following the Consent Agenda, at which time citizens may address the Council concerning any brief community announcement
not to exceed one minute in duration for any speaker; and again following Items Removed from the Consent Agenda, at which
time citizens may address the Council on any matter of City business that is not on tonight’s agenda. Each speaker will be
limited to three minutes, unless the time limit is extended by the Mayor with the consent of the Council. Citizens may also
comment on any item removed from the consent agenda prior to council action, with each speaker limited to three minutes,
unless the time limit is extended by the Mayor with the consent of the Council. If a citizen would like to comment on an age nda
item, we ask that you wait until the agenda item is presented to the Council by the Mayor and the public is asked to comment
by the Mayor.
Any person who has any question concerning any agenda item may call the City Clerk -Treasurer's office to make an inquiry
concerning the nature of the item described on the agenda. Your City government welcomes your interest and hopes you will
attend the Laurel City Council meetings often.
Pledge of Allegiance
Roll Call of the Council
Approval of Minutes
1. Approval of Minutes of April 8, 2025.
Correspondence
2. Resignation of Evan Bruce from the Park Board.
Council Disclosure of Ex Parte Communications
Public Hearing
Consent Items
NOTICE TO THE PUBLIC
The Consent Calendar adopting the printed Recommended Council Action will be enacted with one vote. The Mayor will
first ask the Council members if any Council member wishes to remove any item from the Consent Calendar for
discussion and consideration. The matters removed from the Consent Calendar will be considered individually at the end of
this Agenda under "Items Removed from the Consent Calendar." (See Section 12.) The entire Consent Calendar, with the
exception of items removed to be discussed under "Items Removed from the Consent Calendar," is then vote d upon by roll
call under one motion.
3. Claims entered through April 18, 2025.
4. Clerk/Treasurer Financial Statements of March 2025.
5. Approval of Payroll Register for PPE 4/13/2025 totaling $260,637.31.
6. Council Workshop Minutes of April 15, 2025.
Ceremonial Calendar
Reports of Boards and Commissions
7. Budget/Finance Committee Minutes of April 8, 2025.
8. Park Board Minutes of April 3, 2025.
9. Public Works Committee Minutes of March 17, 2025.
Audience Participation (Three-Minute Limit)
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Citizens may address the Council regarding any item of City business that is not on tonight’s agenda. Comments regarding
tonight’s agenda items will be accepted under Scheduled Matters. The duration for an individual speaking under Audience
Participation is limited to three minutes. While all comments are welcome, the Council will not take action on any item not
on the agenda.
Scheduled Matters
10. Appointment of Irv Wilke to the Police Commission for a three-year term ending April 30,
2028.
11. Resolution No. R25-27: A Resolution Of The City Council Authorizing The Mayor To Execute
The Agreement Between The City Of Laurel And The Yellowstone Valley Animal Shelter, For
The Provision Of Animal Shelter Services.
12. Resolution R25-28: A Resolution Of The City Council Authorizing The Execution Of The
Legal Services Agreement Related To The AFFF Product Liability Litigation.
(https://www.cleangroundwater.com/settlement)
Items Removed From the Consent Agenda
Community Announcements (One-Minute Limit)
This portion of the meeting is to provide an opportunity for citizens to address the Council regarding community
announcements. The duration for an individual speaking under Community Announcements is limited to one minute. While
all comments are welcome, the Council will not take action on any item not on the agenda.
Council Discussion
Council members may give the City Council a brief report regarding committees or groups in which they are involved.
Mayor Updates
Unscheduled Matters
Adjournment
The City makes reasonable accommodations for any known disability that may interfere with a person’s ability to participate
in this meeting. Persons needing accommodation must notify the City Clerk’s Office to make needed arrangements. To make
your request known, please call 406-628-7431, Ext. 2, or write to City Clerk, PO Box 10, Laurel, MT 59044, or present your
request at City Hall, 115 West First Street, Laurel, Montana.
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File Attachments for Item:
1. Approval of Minutes of April 8, 2025.
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File Attachments for Item:
2. Resignation of Evan Bruce from the Park Board.
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File Attachments for Item:
6. Council Workshop Minutes of April 15, 2025.
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File Attachments for Item:
7. Budget/Finance Committee Minutes of April 8, 2025.
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File Attachments for Item:
8. Park Board Minutes of April 3, 2025.
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File Attachments for Item:
9. Public Works Committee Minutes of March 17, 2025.
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File Attachments for Item:
10. Appointment of Irv Wilke to the Police Commission for a three-year term ending April 30,
2028.
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From:Irv Wilke
To:City Mayor
Cc:Brittney Harakal
Subject:Police Commission interest letter
Date:Tuesday, April 15, 2025 6:24:07 PM
Your honor,
I would like to continue serving on the Police Commission for the next term.
Thank you for considering me for this position.
Irv.
Ward #3
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File Attachments for Item:
11. Resolution No. R25-27: A Resolution Of The City Council Authorizing The Mayor To
Execute The Agreement Between The City Of Laurel And The Yellowstone Valley Animal
Shelter, For The Provision Of Animal Shelter Services.
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R25-27 Approve Agreement with Yellowstone Valley Animal Shelter
RESOLUTION NO. R25-27
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT BETWEEN THE CITY OF LAUREL AND THE
YELLOWSTONE VALLEY ANIMAL SHELTER, FOR THE PROVISION OF
ANIMAL SHELTER SERVICES.
BE IT RESOLVED by the City Council of the City of Laurel, Montana,
Section 1: Approval. The Agreement by and between the City of Laurel and the
Yellowstone Valley Animal Shelter, a copy attached hereto and incorporated herein, is hereby
approved.
Section 2: Execution. The Mayor is hereby given authority to execute the Agreement
with the Yellowstone Valley Animal Shelter on behalf of the City of Laurel.
Introduced at a regular meeting of the City Council on the 22nd day of April 2025, by
Council Member ________________.
PASSED and APPROVED by the City Council of the City of Laurel the 22nd day of
April 2025.
APPROVED by the Mayor the 22nd day of April 2025.
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
_______________________________
Michele L. Braukmann, Civil City Attorney
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PAGE 1 OF 7
CONTRACT FOR SERVICES
This Agreement is made by and between the City of Laurel, Montana (“City”), and Yellowstone
Valley Animal Shelter, Billings, Montana (“Contractor”).
City and Contractor, in consideration of the material covenants set forth in this Agreement, agree
as follows:
1. TERM: This Agreement is effective as of the date of its execution and will begin on July
1, 2024 and terminate on June 30, 2025. The parties may extend this Agreement, by mutual
concurrence, for four (4) additional one-year periods, in writing, prior to termination of
each term.
2. SCOPE OF WORK: Contractor shall provide the following services:
a. Dog Impounds: Contractor agrees to admit and accept responsibility for the care
and custody of all dogs impounded at the Contractor facility by personnel of the
City and within the City boundaries, subject to the limitations set forth in this
Agreement. The Contractor agrees to take reasonable care of such dogs in a manner
consistent with good standard practices of animal shelters to include, but not be
limited to, providing proper food, water and shelter.
i. It is understood that City has a facility to keep dogs for a 72 -hour hold
period. Under the terms of this Agreement, City may bring dogs to
Contractor for veterinary treatment for illness or injury during this 72-hour
hold period. If Contractor determines that such dogs require any
vaccinations or other treatment in order to protect the greater population of
animals, the Contractor may administer such treatment.
ii. All dogs not reclaimed by an owner within City’s 72-hour hold period shall
become the property of the Contractor. Additionally, all dogs brought to
Contractor’s facility by the City beyond the City’s 72-hour period shall
become the property of the Contractor.
iii. Payment of all boarding fees and surgery costs shall initially be the
responsibility of the animal owner. If the dog is not reclaimed within 72
hours, Contractor will notify the City and the dog will be placed for
adoption and the unpaid boarding fees and surgery costs shall then be borne
by the City.
iv. Any dog impounded for rabies quarantine will be held 10 days from the
time of the bite or whatever time is required by the Yellowstone County
Health Department, whichever is longer. The City may authorize an earlier
release to the owner. No dog will be released from quarantine without a
signed Rabies Quarantine Release Form that is provided by the City.
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v. All dogs impounded pursuant to this section will be held by the Contractor
until they are released to Contractor by a signed release from the owner, the
owner’s legal representative, or by a court of law. The dog may be released
to the owner with a release signed by the City. If the owner does not respond
within 72 hours, the Contractor assumes ownership of the animal.
b. Limitation: This Agreement applies only to dogs and no other animals. Contractor
will not accept any more than ten (10) dogs from one incident from the City, or any
other entity, without prior notification. The City (or other entity) shall reasonably
communicate with Contractor when it receives a report of an incident which could
result in bringing more than 10 dogs to Contractor. Further, the City shall
communicate and coordinate with Contactor regarding non-emergency incidents
involving more than 10 dogs Upon a minimum of six (6) hours’ notification,
Contractor will make every effort to accept the dogs but may choose not to accept
all. The City will be responsible for seeking care for those animals elsewhere.
c. Euthanasia During Impound Period: The Contractor shall only euthanize a dog
during the impound period within 72 hours upon written request by the City, order
of a court of law, or if such dog is seriously injured, hopelessly sick or injured
beyond any reasonable chance of recovery.
d. Veterinary Care: In the event a dog is brought to Contractor by an officer or
citizen from within the City and logged in as a City impound, appropriate veterinary
care will be provided if the situation arises. The Contractor will notify the officer
of the veterinary care and the City will reimburse the Contractor for the cost of the
veterinary services if not paid by the owner.
3. PAYMENT: For the services provided in this Agreement, City shall pay contractor an
annual fee of Five-Thousand and no/100 Dollars ($5,000.00), plus additional fees adjusted
based on U.S. Bureau of Labor Statistics Consumer Price Index, West Region figures .
Payment shall be made in equal monthly installments after invoicing by Contractor.
4. OTHER FEES:
a. For impounded dogs, Contractor may collect daily boarding/reclaim fees from the
owner at the time the dog is reclaimed. The boarding and reclaim fees will be set
by Contractor.
b. In addition to all other fees allowed by this Agreement, if City brings ten (10) or
more dogs into the shelter from any one given situation, City will pay an additional
fee of Three Hundred and no/100 Dollars ($300.00) to Contractor as emergency
funding for each group of ten (10) dogs.
c. In addition to the foregoing, City will pay Contractor the cost of additional
veterinary services requested by the City for any impounded dog authorized by the
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City and not paid by the owner. Such services include but are not limited to
workups for animal cruelty cases or other veterinary care.
d. Contractor will bill the City monthly for all fees due under this Agreement, and
such fees are due and payable within 30 days of receipt of the bill. Contractor may
add finance charges for any bill not paid within 30 days, and City agrees to pay
such charges.
5. CITY DUTIES: City will make every reasonable effort to locate the dog’s owner before
transporting the dog to Contractor. City will give six (6) hours’ notice to Contractor of the
surrender or capture of more than 10 dogs. City will not accept owner surrenders in the
field. Persons surrendering a dog must make arrangements with Contractor.
6. RECORDS:
a. The City, upon impounding a dog, will provide a written record to the Contractor
to include:
i. The date and time the dog was impounded;
ii. A description of the dog by breed, gender, physical characteristics, collar
and/or tags and assigned identification number;
iii. Location where the dog was found and reason for impoundment;
iv. Name, address, telephone number and location of the dog’s owner, if
known; and
v. Name and badge number of the officer impounding the dog.
b. Contractor will provide upon request a written record of the disposition of all dogs
impounded by the City, to include:
i. Disposition, date and time of same;
ii. Name, address and phone number of owners reclaiming their dog;
iii. Name, current address and telephone number of any citizen turning a dog
into the shelter and logged in under the City account;
iv. Name of the Contractor representative releasing or euthanizing the dog; and
v. A monthly itemized account of all dogs impounded within the City and any
additional charges for related services.
c. Contractor agrees to attempt to verify the identity of the citizen by confirming
identification with a photo identification card and making appropriate notations
regarding such verification. And, with the individuals’ consent, may photocopy
that identification for use by the City.
7. INDEPENDENT CONTRACTOR STATUS/LABOR RELATIONS: The parties
agree that Contractor is an independent contractor for purposes of this Agreement and is
not to be considered an employee of the City for any purpose. Contractor is not subject to
the terms and provisions of the City’s personnel policies handbook and may not be
considered a City employee for workers’ compensation or any other purpose. Contractor
is not authorized to represent the City or otherwise bind the City in any dealings between
Contractor and any third parties. Contractor shall comply with the applicable requirements
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of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational
Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’
compensation coverage for all employees of Contractor’s organization, except for those
who are exempted by law. Contractor must give preference to the employment of bona fide
residents of Montana in the performance of this work.
8. INDEMNITY: The Contractor shall defend, indemnify and hold harmless City from and
against any and all claims demands, obligations causes of action, lawsuits and all damages
and liabilities fines, judgments, costs, (including settlement costs), and expenses associated
therewith (including reasonable attorney’s fees and disbursements), arising from incidents
that occur the result of Contractor’s negligence and for which City’s sole basis of liability
is vicarious liability for the acts or omissions of Contractor. The defense and
indemnification obligations under this paragraph shall not be limited by any assertions or
finding that City is liable for any damages by reason of a non-delegable duty.
The City shall defend, indemnify and hold harmless Contractor from and against any and
all claims demands, obligations causes of action, lawsuits and all damages and liabilities
fines, judgments, costs, (including settlement costs), and expenses associated therewith
(including reasonable attorney’s fees and disbursements), arising from incidents that occur
the result of City’s negligence and for which Contractor’s sole basis of liability is vicarious
liability for the acts or omissions of City. The defense and indemnification obligations
under this paragraph shall not be limited by any assertions or finding that Contractor, is
liable for any damages by reason of a non-delegable duty.
9. INSURANCE: Contractor shall maintain at its sole cost and expense, commercial general
liability insurance naming City as additional insured against liability for damages for
bodily injury, including death and completed operations and property damages in a
minimum amount of Seven Hundred Fifty Thousand Dollars ($750,000.00) for each claim
and One Million Five Hundred Thousand Dollars, ($1,500,000.00), in the aggregate arising
from incidents which occur as the result of Contractor’s negligence while performing any
work or service and for which the City’s sole basis of liability is vicarious liability for the
acts or omissions of the Contractor or/and subcontractors. Contractor shall maintain at its
cost and expense, insurance against claims for injuries to persons or damages to property,
including contractual liability which may arise from or in connection with work or service
by Contractor, agents, employees, representatives, assigns and sub-contractors. This
insurance shall cover claims as may be caused by any negligent act or omission. The policy
of insurance shall be an occurrence policy with a Best Rating of A- or better and must be
in force throughout the period.
Contractor shall name on the Certificate of liability insurance the City of Laural as
additional insured. In addition, Contractor will furnish to City a copy of the policy
endorsement, CG 32 87 05 10, indicating that the City of Laurel is named as an additional
insured under the Contractor’s insurance policy. Contractor agrees to furnish both the
Certificate of insurance and policy endorsement at least ten (10) days prior to beginning
work.
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Contractor is required to maintain workers compensation insurance, or an independent
contractor’s exemption issued by the Montana Department of Labor covering Contractor
and Contractor’s employees. Contractor is not, nor are Contractor’s workers, employees of
City. Workers Compensation insurance or the exemption from the workers compensation
obligation must be valid for the entire period.
10. COMPLIANCE WITH LAWS: Contractor agrees to operate the shelter in accordance
with local, state and federal laws, ordinances, rules, and regulations, and national standards,
including the Montana Human Rights Act, Civil Rights Act of 1964, The Age
Discrimination Act of 1975 and the American with Disabilities Act of 1990. Any subletting
or subcontracting by the Contractor subjects contractors to the same provisions. In
accordance with section Mont. Code Ann. § 49-3-207, Contractor agrees that the hiring of
persons to perform the contract will be made on the basis of merit and qualification and
there will be no discrimination based upon race, color, religion, creed, political ideas, sex,
age, marital status, physical or mental disability, or national origin by the person
performing under the contract. City agrees to comply with all local, state and federal laws,
ordinances, rules and regulations.
11. LIAISON: City’s designated liaison with Contractor is Stan Langve, and Contractor’s
designated liaison with City is Triniti Halverson, Yellowstone Valley Animal Shelter
Executive Director.
12. DEFAULT AND TERMINATION: If either party fails to comply with any condition of
this Agreement at the time or in the manner provided for, other party may, at its option,
terminate this Agreement and be released from all obligations if the default is not cured
with thirty (30) days after written notice is provided to the defaulting party. Said notice
shall set forth the items to be cured. Subject to Section 14 of this Agreement, the non-
defaulting party may bring suit for damages, specific performance, and any other remedy
provided by law. These remedies are cumulative and not exclusive. Use of one remedy
does not preclude use of the others. Notices shall be provided in writing and hand-delivered
or mailed to the parties at the addresses set forth in the first paragraph of this Agreement.
Either party may terminate this Agreement by providing the other with a written notice of
intent to terminate at least ninety (90) days in advance of the termination date. Said notice
shall be in writing and delivered to the other party.
13. NON-WAIVER: A waiver by either party, any default or breach by the other party of any
terms or conditions of this Agreement does not limit the other party’s right to enforce such
term or conditions or to pursue any available legal or equitable rights in the event of any
subsequent default or breach.
14. DISPUTE RESOLUTION: Any claim, controversy, or dispute between the parties, their
agents, employees, or representatives shall be resolved first by negotiation between senior-
level personnel from each party duly authorized to execute settlement agreements. Upon
mutual agreement of the parties, the parties may invite an independent, disinterested
mediator to assist in the negotiated settlement discussions. If the parties are unable to
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resolve the dispute within thirty (30) days from the date the dispute was first raised, then
such dispute may only be resolved in a court of competent jurisdiction in compliance with
this Agreement.
15. GOVERNING LAW AND VENUE: This Agreement shall be construed and enforced in
accordance with the laws of the State of Montana. Venue for any suit between the parties
arising out of this Agreement shall be the Montana Thirteenth Judicial District Court,
Yellowstone County.
16. ATTORNEY’S FEES AND COSTS: In the event it becomes necessary for either party
of this Agreement to retain an attorney to enforce any of the terms or conditions of this
Agreement or to give any notice required herein, then the prevailing party or the party
giving notice shall be entitled to reasonable attorney’s fees and costs, including fees, salary,
and costs of in-house counsel to include City Attorney.
17. BINDING EFFECT: This Agreement is binding upon and inures to the benefit of the
heirs, legal representatives, successors, and assigns of the parties.
18. NO ASSIGNMENT: Neither the City nor the Contractor shall assign, transfer or
encumber any rights, duties or interests accruing from this Agreement without written
consent of the other.
19. NO THIRD-PARTY BENEFICIARY: This Agreement is for the exclusive benefit of
the parties, does not constitute a third-party beneficiary agreement, and may not be relied
upon or enforced by a third party.
20. HEADINGS: The headings used in this Agreement are for convenience only and are not
be construed as a part of the Agreement or as a limitation on the scope of the particular
paragraphs to which they refer.
21. SEVERABILITY: If any portion of this Agreement is held to be void or unenforceable,
the balance thereof shall continue in effect.
22. REPORTS/ACCOUNTABILITY/PUBLIC INFORMATION: Both parties agree to
develop and/or provide documentation as reasonably requested by the City or Contractor
demonstrating both parties’ compliance with the requirements of this Agreement.
23. COUNTERPARTS: This Agreement may be executed in counterparts, which together
constitute one instrument.
24. INTEGRATION: The Contract Documents, which comprise the entire agreement
between City and Contractor, consist of the following:
This Agreement;
Contractor’s proposal; and
Contractor’s current Certificate of Insurance and Workers Compensation coverage.
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All communications, either verbal or written, made prior to the date of this Agreement are
withdrawn unless specifically made a part of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this instrument effective the first day
of the term set forth herein.
CITY OF LAUREL, MONTANA YELLOWSTONE VALLEY ANIMAL SHELTER
MAYOR TRINITI HALVERSON, Executive Director
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File Attachments for Item:
12. Resolution R25-28: A Resolution Of The City Council Authorizing The Execution Of The
Legal Services Agreement Related To The AFFF Product Liability Litigation.
(https://www.cleangroundwater.com/settlement)
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R25-28 Approve Legal Services Agreement Re PFAS Litigation
RESOLUTION NO. R25-28
A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE EXECUTION OF
THE LEGAL SERVICES AGREEMENT RELATED TO THE AFFF PRODUCT
LIABILITY LITIGATION.
WHEREAS, the City of Laurel (the “City”) is committed to delivering clean drinking
water to its customers;
WHEREAS, the City is also committed to identifying parties responsible for increasing
the costs of water treatment and system maintenance and taking reasonable steps to avoid
passing on these costs to its consumers;
WHEREAS, Edwards & Culver, Kovacich, Snipes, Johnson, P.C., Boone Karlberg,
P.C., Stag Liuzza L.L.C., and Client First Legal P.L.L.C (the “Firms”) have put together a team
of uniquely qualified and experienced attorneys who have joined together to assist public
entities in Montana facing the challenges posed by potential per- and polyfluoroalkyl
substances (“PFAS”);
WHEREAS, the Firms are comprised of experienced attorneys in both in PFAS
litigation and in the representation of public entities and water suppliers in cases involving cost
recovery related to remediation of water contamination;
WHEREAS, the City Attorney and City Staff has determined it to be in the City’s best
interest to enter into the Legal Services Agreement with the Firms and pursue any settlement
and other legal damage claims it may have related to PFAS in the AFFF Product Liability
Litigation; and
WHEREAS, the City desires to authorize the execution of the Legal Services’
Agreement attached as Exhibit “A.”
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Laurel that
the Mayor is hereby authorized to execute the Legal Services’ Agreement with the Firms based
upon the terms and conditions set forth herein and, in a manner, substantially similar to the
Agreement attached hereto as Exhibit “A.”
Introduced at a regular meeting of the City Council on the 22nd day of April 2025, by
Council Member ______.
PASSED and APPROVED by the City Council of the City of Laurel on the 22nd day of
April 2025.
APPROVED by the Mayor on the 22nd day of April 2025.
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R25-28 Approve Legal Services Agreement Re PFAS Litigation
CITY OF LAUREL
___________________________
Dave Waggoner, Mayor
ATTEST:
_______________________________
Kelly Strecker, Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Michele L. Braukmann, Civil City Attorney
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CONTRACT FOR LEGAL SERVICES
AFFF PFAS LITIGATION
The CITY OF LAUREL (hereinafter the “Client”) hereby retains, STAG LIUZZA,
L.L.C., (through attorney Michael Stag, LLC), EDWARDS & CULVER (through attorney John
Edwards), KOVACICH, SNIPES, JOHNSON, P.C., (through attorney Mark Kovacich), BOONE
KARLBERG, P.C., (through attorney Scott Stearns), and CLIENT FIRST LEGAL P.L.L.C.
(through attorney Tim Young) (hereinafter the “Attorneys”) for the purpose of providing legal
services related to the filing of a civil action and/or claims in the pending settlements for recovery
of costs associated with damages to the public drinking water system and/or public wastewater
system against Defendants who manufactured, marketed, distributed, and/or sold aqueous film-
forming foam in the AFFF Product Liability Multi-District Litigation (“AFFF”), (hereinafter the
“Client’s Claims”).
CLIENT DESIGNATES FOR COMMUNICATION PURPOSES THE FOLLOWING:
Water Department: _________________ __________________ ________________
Name Telephone E-mail
Business Matters: _________________ __________________ ________________
Name Telephone E-mail
Client acknowledges and understands that court ordered deadlines and
documentation requirements exist for the pending DuPont and 3M settlements. Client agrees
to provide the required documentation and assist in performing testing in a timely matter
sufficient to allow Attorneys time to process and file the settlement claim within the court
ordered deadlines. Any failure of Client to comply with the testing and documentation
requirements of the settlement may result in forfeiture of the Client’s right to recover money
from DuPont, 3M, and future settlements. Documentation requirements and deadlines may
further apply to settlements currently pending court approval or approved in the future.
The Client specifically authorizes the Attorneys to undertake negotiations, file suit, file
settlement claims, or institute legal proceedings necessary on the Client’s behalf in the AFFF
Product Liability Multi-District Litigation. The Client further authorizes the Attorneys to retain
and employ the services of any experts, as well as the services of other outside contractors, as the
Attorneys deem necessary or expedient in representing the interests of the Client. The Client
understands and authorizes Attorneys to share attorney fees with any legal counsel Attorneys
choose to associate to assist with providing the legal services contracted herein.
Unless otherwise agreed in writing by Client and Attorneys, Attorneys will not provide
legal services with respect to defending any legal proceeding or claim against the Client. With
Client’s permission, however, Attorneys may elect to appear at such administrative or legal
proceedings to protect Client’s rights. Client acknowledges that the Attorneys are not tax,
regulatory, or bankruptcy legal experts. If Client wishes to retain Attorneys to provide any legal
services not provided under this Agreement for additional compensation, a separate written
agreement between Attorneys and Client will be required.
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The Attorneys are not the attorneys for any officials, officers, agents, employees, attorneys,
or consultants of the Client regarding this matter, and shall not become so unless the Attorneys
specifically agree in the future in writing to undertake such representation. The Attorneys will
confer, as needed, with such persons to perform the services specified in this Agreement, but no
attorney-client relationship shall be created with such persons merely because the Attorneys work
with and/or request or receive information from any such persons during their representation of
the Client.
The Client has disclosed all potential adverse parties to the Attorneys, and neither the
Attorneys nor the Client perceive any conflict of interest in the Attorneys undertaking this
engagement on behalf of the Client. If either the Client or the Attorneys, during the course of the
representation, receive information indicating that a potential conflict of interest may develop or
exist, the Client and the Attorneys agree to bring such information to the immediate attention of
the other, and the Attorneys shall proceed to take such steps as may be appropriate in the
circumstances.
1. ATTORNEYS’ FEES. As compensation for legal services, the Client agrees to pay the
Attorneys for legal services rendered and to be rendered on account of the Client’s Claims, the
Client shall pay the Attorneys’ fees (hereinafter “Attorneys’ Fees”). The Attorneys’ Fees shall be
one-third (1/3) of the Gross Amount Recovered if the Client’s Claims. These Attorneys’ Fees shall
all be calculated before the deduction of costs and expenses, as set forth in Section 2
herein. “Gross amount recovered” herein means principal, interest, penalties, punitive damages,
treble damages, attorney’s fees, and all other amounts recovered, including the value of any
structured settlement, future payments, or other relief achieved, whether by settlement, judgment
or otherwise. “Constituent claims” herein means any one or more claims of the Client
constituting less than the entirety of the Client’s Claims, including a partial settlement or judgment
with less than all defendants. The Client agrees to pay all costs and expenses, as set forth in Section
2 herein, which, in the event of a successful recovery, shall be deducted from the Client’s share of
that recovery. The Client acknowledges that multiple lawsuits have been filed relating to the same
subject matter as Client’s Claims. The Client acknowledges that these suits, including any suit for
the Client’s Claims, might be removed to a federal court as part of multi -district litigation.
Further, the Client acknowledges that the court governing the multi-district litigation might appoint
committees of attorneys to litigate common issues of law and fact to facilitate the resolution of
those lawsuits for common benefit of all claimants, including the Client. As a result, the Client
might be obliged to pay from any Gross Amount Recovered a share of its recovery to satisfy an
assessment of common benefit fees, costs, and expenses in an amount as determined by the court.
Neither the Attorneys nor the Client shall have the right, without the written consent of the other,
to settle, compromise, release, discontinue, or otherwise dispose of the Client’s Claims. Client
shall only pay attorney fees contingent upon a recovery and shall not pay any attorney fees
if there is no recovery.
The Client agrees and acknowledges that the Attorneys are prosecuting this case as part of a joint
venture. Under the joint venture, the Attorneys shall equally divide the Attorneys’ Fees for Client’s
Claims related to the 3M and Dupont Settlements. (20% to Stag Liuzza L.L.C., 20% to Edwards
& Culver, 20% to Kovacich, Snipes, Johnson, P.C., 20% to Boone Karlberg P.C., and 20% to
Client First Legal P.L.L.C.).
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As for all Attorneys’ Fees for Client’s Claims that do not qualify for the 3M and Dupont
Settlements, Attorneys’ Fees shall be divided as follows: 25% to Stag Liuzza L.L.C., 25% to Client
First Legal P.L.L.C., with the remaining 50% split equally between Edwards & Culver, Kovacich,
Snipes, Johnson, P.C., and Boone Karlberg, P.C.
2. COSTS AND EXPENSES. In addition to paying Attorneys’ Fees, in the event of a
successful recovery, the Client agrees to reimburse all costs and expenses, as set forth herein only
in the event of a recovery, which shall be deducted from the Client’s share of that
recovery. Attorneys shall advance all litigation expenses on behalf of Client, and Client shall not
be responsible for incurring or reimbursing costs of the litigation even if the amount of recovery
is less than the costs incurred. Client shall only reimburse litigation costs or expenses in the
event of a recovery by settlement or judgment. If no recovery is made, Attorneys shall bear all
unreimbursed costs and expenses incurred, and client shall not be liable for any such costs or
expenses incurred by Attorneys. Further, if recovery is insufficient to fully reimburse litigation
costs, Attorneys shall bear, and Client shall not be liable for, all costs in excess of the amount of
recovery. Subject to the foregoing terms, the Client agrees to reimburse the Attorneys’ litigation
costs and expenses upon receipt of any settlement funds or collected judgment.
The Attorneys shall have the right and authority, without prior approval of the Client, to
incur such litigation costs and expenses as may be necessary or advisable in furtherance of Client’s
Claims. Litigation costs and expenses may include (but are not limited to) the following: filing
fees; deposition costs; expert witness fees; transcript costs; witness fees; subpoena costs; sheriff’s
and service of process fees; trial consultant fees; mock trial costs; shadow jury fees; mediation
fees; court costs; trial exhibit costs; copy costs; photographic, electronic or digital evidence
production or presentation; investigation fees; travel expenses; and any other case-specific
expenses directly related to the representation undertaken. Additionally, the Client specifically
authorizes the Attorneys to charge as recoverable costs such items such as: computer legal research
charges (e.g. Westlaw and/or Lexis); long distance telephone expenses; postage charges; Federal
Express, UPS, and other delivery service charges; internal photocopying at a rate of $ .30 per page;
facsimile costs at a rate of $ .25 per page; and mileage and outside courier charges, all of which
must be incurred solely for the purposes of the representation undertaken. Finally, the Client
acknowledges that Client will not be charged costs and expenses for any overhead costs of the
Attorneys’ practice, including office rent; utility costs; charges for local telephone service; office
supplies; fixed asset expenses; and ordinary secretarial and staff services.
3. NO GUARANTEE. The Client acknowledges that the Attorneys have made no promise
or guarantee regarding the outcome of my legal matter. The Client acknowledges that the
Client’s Claims may be subject to defenses that could lead to dismissal before, at, or after trial,
and no recovery. The Client further acknowledge that the Attorneys shall have the right to cancel
this agreement and withdraw from this matter if, in the Attorneys’ professional opinion, the matter
does not have merit, the Client does not have a reasonably good possibility of recovery, the Client
refuses to follow the recommendations of the Attorneys, the Client fails to abide by the terms of
this agreement, the Client fails to provide requested information or to produce witnesses to appear
for deposition or trial, if the Attorneys’ continued representation would result in a violation of the
Rules of Professional Conduct, or at any other time as permitted under the Rules of Professional
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Conduct. No guarantee or representation has been made to the Client as to what type or amount of
recovery, if any, may be expected on the Client’s Claims.
4. ELECTRONIC DATA COMMUNICATION AND STORAGE. In the interest of
facilitating our services to the Client, the Attorneys may communicate by facsimile transmission,
send data over the internet, store electronic data via computer software applications hosted
remotely on the internet, or allow access to data through third-party vendors’ secured portals or
clouds. Electronic data that is confidential to the Client may be transmitted or stored using these
methods. The Attorneys may use third-party service providers to store or transmit this data. In
using these data communication and storage methods, the Attorneys employ measures designed to
maintain data security. The Attorneys will use reasonable efforts to keep such communications
and data access secure in accordance with the Attorneys’ obligations under applicable laws and
professional standards. The Attorneys also require all of the Attorneys’ third-party vendors to do
the same. However, the Client acknowledges that some information transmitted to the Attorneys
will be public records, and the Client has no expectation that public records will be confidential.
Client acknowledges that the Attorneys have no control over the unauthorized interception or
breach of any communications or data once it has been sent or has been subject to unauthorized
access, notwithstanding all reasonable security measures employed by us or our third-party
vendors, and the Client consents to our use of these electronic devices and applications and
submission of confidential client information to third-party service providers during this
engagement.
5. PRIVILEGE. The Client acknowledges that this contract is intended to and does hereby
assign, transfer, set over, and deliver unto the Attorneys as its fee for representation of the Client
in this matter an interest in the claim(s), the proceeds, or any recovery therefrom under the terms
and conditions aforesaid, in accordance with the provisions any state law that applies to this
contract.
6. MODIFICATION. It contains the entire and complete understanding between the parties
and can only be modified by written amendment signed by all parties.
7. TERMINATION OF REPRESENTATION. The Client acknowledges that the Client has
the right to terminate the representation upon written notice to that effect. The Client acknowledges
that Client will be responsible for any attorneys’ fees or costs incurred prior to the discharge or
termination, based on all the facts and circumstances, including the risk taken by the Attorneys in
accepting Client’s legal representation on a contingency fee basis. The Client agrees to cooperate
with Attorneys and to comply with all reasonable requests of Attorneys. The Client warrants and
represents to the Attorneys that all information the Client has provided to, or will in the future
provide to, the Attorneys regarding the Client’s Claim is true and correct to the best of the Client’s
knowledge, information, and belief. The Attorneys have the right to withdraw from this
representation after giving reasonable notice. If the Attorneys resign, are discharged, or are
disqualified or otherwise cease to serve as the Client’s legal counsel prior to a settlement or final
judgment, then the withdrawing, discharged, or disqualified Attorneys shall receive as
compensation for services reasonable fees based on all of the facts and circumstances of its
representation. At the conclusion of this matter, the Attorneys will retain the Client’s legal files for
a period of five (5) years after the Attorneys close their files. At the expiration of the five-year
period, the Attorneys may destroy these files unless the Client notifies the Attorneys in writing that
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the Client wishes to take possession of the files. The Attorneys reserve the right to charge
administrative fees and costs associated with retrieving, copying, and delivering such files.
8. ENTIRE AGREEMENT. The undersigned Client Representative has read this agreement,
a copy of which he has received, in its entirety and he agrees to and understands the terms and
conditions set forth herein. The Client acknowledges that there are no other terms or oral
agreements existing between the Attorneys and the Client. This agreement may not be amended or
modified in any way without the prior written consent of the Attorneys and the Client.
9. AUTHORITY. The Client acknowledges having been advised to and given the full
opportunity to obtain independent representation in the making of this agreement and voluntarily
entering into this agreement after such opportunity. The Client representative signing below
represents that the Client enters into this agreement with proper authorization and approval under
state and local law, and that the Client representative is specifically authorized to execute this
agreement.
EFFECT OF SIGNING
The Client understands that this is a binding legal document. The Client further understands
that this Agreement may be executed in one or more counterparts, each of which shall be deemed
an original, but all of which together shall be deemed to be one and the same agreement. A signed
copy of this Agreement delivered by facsimile, e -mail, or other means of electronic transmission
shall be deemed to have the same legal effect as delivery of an original signed copy of this
Agreement.
________________________________ ________________________________________
Date [SIGNER]
________________________________ ________________________________________
Date MICHAEL STAG, LLC FOR STAG LIUZZA,
L.L.C.
________________________________ ________________________________________
Date JOHN EDWARDS FOR EDWARDS &
CULVER
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________________________________ ________________________________________
Date MARK KOVACICH FOR KOVACICH,
SNIPES, JOHNSON, P.C.
________________________________ ________________________________________
Date SCOTT STEARNS FOR BOONE KARLBERG,
P.C.
________________________________ ________________________________________
Date TIM YOUNG FOR CLIENT FIRST LEGAL
P.L.L.C.
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PFASIN
MONTANA
WATER SUPPLIES
How Your Community Can
Take Action for Help
S|
STAG LIUZZA
pfas in
Montana
water supplies
How Your Community Can
Take Action for Help
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In 2018, the EPA issued health guidelines stating that up to 70 parts per
trillion of PFAS found in drinking water “did not have adverse health effects.”
However, in June 2022, the EPA replaced these guidelines and stated that some negative
health effects might occur with concentrations at “near zero” or undetectable levels.
The EPA is set to release its final regulations for PFAS this year.
In December 2018, the United States Panel on Multidistrict Litigation consolidated all
PFAS claims relating to AFFF contamination in a central Federal Court in South Carolina.
History of PFAS
Invented by 3M in the 1950s, per- and poly-fluoroalkyl substances (PFAS) are
synthetic chemicals used in various products.
They were a new class of chemicals at the time, and little was understood about their
effect on humans and the environment. While multiple products have contained PFAS in
the past, especially problematic is the Aqueous Firefighting Foam (AFFF), which contains
a high level of PFAS. AFFF was created in 1969 and has been used extensively by military
bases, airports, industrial locations, and firefighters to combat fires.
Over time, this has resulted in massive groundwater contamination of water supplies
which serve local communities.
Stag Liuzza www.cleangroundwater.com (888) 513-7545
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
"The science is clear: These chemicals are
shockingly toxic at extremely low doses."
Erik Olson, Senior Strategic Director for Health and
Food at The Natural Resources Defense Council
Kidney Cancer
Thyroid Conditions
Liver Cancer
High Blood Pressure
Pregnancy Complications
Decrease in Vaccine Response
PFAS cause cancer and
other health effects like:
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History
In December 2018, a central Federal Court was established to oversee claims against various
responsible chemical companies for PFAS contamination of state water supplies from AFFF.
Since then, numerous local governments have filed suit seeking compensation and
funding to remediate their water supplies from PFAS contamination (please see the
following page for a detailed timeline).
This national suit focuses on PFAS contamination caused by firefighting foam (AFFF),
which was extensively used nationwide. In September 2022, the Judge overseeing the
cases denied the chemical manufacturers' motion to dismiss the claims. They cited 3M's
delay in disclosing critical information to the government:
The record before the Court contains material factual disputes concerning
whether 3M's delay for decades in disclosing its internal studies on the
health and environmental effects of PFOS and related compounds retarded
the government's knowledge and understanding of the danger PFOS posed
to human health and the environment and resulted in a significant delay in
the government discontinuance of the use of 3M's AFFF.
One month later, in October 2022, the Judge appointed a professional national mediator
to discuss possible claims resolution with the parties.
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PFAS national
suit timeline
June 2023
First Trial Scheduled in
National Suit
1950’s
PFAS Chemical
Created by 3M
1969
3M Creates AFFF
using PFAS
2009
EPA Issues a Provisional
Health Advisory for PFAS
2016
EPA Issues Lifetime Health
Advisory of 70 ppt PFAS
2016
Military Issues New Standards for
Handling and Disposal of AFFF
2018
PFAS/AFFF Claims Placed
Into Single National Court
June 2022
EPA Issues an Updated Drinking
Water Health Advisory stating
‘some negative health effects
may occur at ‘near zero’ level
concentrations of PFASSeptember 2022
Judge Overseeing
Consolidated Claims
Rejects Chemical
Defendants’ Motion to
Dismiss Claims
October 2022
Judge Overseeing
National Claims Assigns
National Mediator
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Montana
Great Falls
Havre
Billings
Bozeman
Helena
Butte
Beaverhead-
Deerlodge
National Forest
Missoula
Kalispell
Stag Liuzza www.cleangroundwater.com (888) 513-7545
current pfas issues:
Montana
In Montana, potential sources of PFAS contamination include industrial facilities, wastewater
treatment plants, and airports. The Department of Environmental Quality (DEQ) conducted
sampling at both high and low-risk sites in cities like Billings, Bozeman, Great Falls, and Helena.
Notably, the site near Malmstrom Air Force Base in Great Falls exhibited PFAS levels surpassing
184 times the screening limit, while the site in Billings, located near the airport, was almost four
times the threshold, though its exact contamination source still requires further investigation.
PFAS Have Been Detected Across the State’s
Drinking Water Supplies
Aqueous Firefighting Foam (AFFF), which contains a high level of PFAS, has been used
extensively by military bases, airports, industrial locations, and firefighters to combat fires.
Identified contaminated
water system
Identified contaminated
military water system
Other known sites
Map source: Environmental Working Group
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
National Suit Addressing
Aside Funds for State and
Local Governments
PFAS
Remediation Damages Sets
A water system that adequately protects against harmful PFAS costs municipalities at least $5
million. Without signing up for the MDL, your municipality could be putting the bill on your taxpayers.
Stag Liuzza is working with towns and cities across the country to put the cost of a new water
treatment plant on the companies that polluted it. Join us.
By filing a claim in this national suit, a state or local water supplier can seek damages for
remediation of any PFAS contamination in their water supply. Such remediation will be
especially critical if the United States EPA issues a zero-level regulation this year. Such a
regulation would be consistent with the EPA's 2022 statement that adverse health risks can be
experienced at near-zero levels of PFAS.
$12 Billion in Water Contamination Settlements
3M agrees to $10.3 billion settlement, Dupont agrees to $1.19 billion over water
contamination.
The companies will distribute the settlement funds to cities, counties, and other entities
nationwide. These funds are earmarked for testing and remediation efforts to address the
contamination of PFAS in public water systems.
Why File?
Filing a claim in this nationwide lawsuit allows state or local water suppliers to seek
damages for remediation of PFAS contamination in their water supply. This will be
particularly vital if the U.S. EPA enacts a zero-level regulation this year, aligning with its
2022 declaration that near-zero levels of PFAS can pose adverse health risks.
In this intricate landscape, being proactive and well-informed is the key for municipalities
to safeguard their interests and ensure the well-being of their residents.
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
National Suit Addressing
Aside Funds for State and
Local Governments
PFAS
Remediation Damages Sets
Understanding Phase 1 and Phase 2 Eligibility in the PFAS Settlement
The Court has already identified thousands of water systems nationwide as 'Phase One'
eligible entities. These systems face an imminent deadline to gather essential data, finalize
claim documentation, and officially submit their claim. Phase One claimants could receive
funding as early as July 2024.
On the other hand, 'Phase Two' entities have a later timeline. They are required to perform
tests on their systems and submit their claims by a later, undetermined date. Notably, even
though their submission timeline differs, their compensation will be calculated based on a
formula similar to that of the Phase One entities. This ensures equity in the settlement process
for all affected entities.
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
Phased Filing for PFAS
Remediation Funding
Phased Filing for Municipalities: Navigating the PFAS Settlement
The recent $10.3 billion settlement with 3M over PFAS contamination has introduced a phased
approach for municipalities seeking compensation for remediation efforts. Here's a guide to
understanding and navigating the phases:
The window to file for Phase 1 is rapidly narrowing. Municipalities that miss this initial phase risk
delaying their access to critical PFAS remediation funds by up to 4 years. Beyond financial
implications, this delay could significantly affect the health and well-being of local communities.
To be eligible for Phase 1, municipalities must file by the designated deadline in April.
The Clock is Ticking to File for Phase One
The opportunity to file within Phase One is running out. Neglecting to act promptly could lead to
a significant setback, potentially deferring your municipality's acquisition of essential PFAS
remediation funds by a staggering 4-5 years.
Mapping Out Phase 1 Submission
For municipalities aiming to be recognized within Phase 1, action by this forthcoming April is
non-negotiable. The path to filing, though layered, stands as a bulwark to secure your
community's health and future. Here's a distilled guide to your next steps:
At the heart of the PFAS settlement is the need for proactive, informed decision-making. The
path ahead is complex, but with the right guidance, your municipality can navigate this
journey effectively, ensuring a safer, healthier future for its residents.
The Power of Filing Now
By actively participating in this nationwide lawsuit, state or local water providers stand to seek
redress for any PFAS-related impurities afflicting their water sources. Taking such a step
becomes even more pivotal as whispers grow louder about the U.S. EPA potentially introducing
a stringent, zero-tolerance PFAS regulation this year. Such a directive would align seamlessly
with the EPA's 2022 proclamation acknowledging the health hazards even at near-zero PFAS
concentrations.
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Criteria for Phase 1 Eligibility
in the PFAS Water Provider
Settlement:
Establishing eligibility for this phase is crucial, as it sets the pace for subsequent steps in the
legal redress process. If you're a municipality or water system aiming to secure essential
funding for PFAS remediation, understanding the eligibility criteria for Phase One is the first
step. Here's what you need to qualify:
01.Active Public Water System Status:
The entity must be an operational Public Water System within the United States.
02.Presence of Impacted Water System:
The entity should have one or more Impacted Water Systems as of the designated
settlement date.
03.Mandatory PFAS Testing:
The water provider must conduct PFAS testing on all of its water sources.
04.Submission of Detailed Test Results:
The water system is required to procure all analytical results from the testing laboratory,
including the precise numeric values. These detailed PFAS test results must be presented
to the Claims Administrator either by the water provider or the testing laboratory.
05.Timely Submission:
The test results and other required documentation must be submitted by the dates
specified by the settlement. Timeliness is crucial for Phase 1 eligibility, with an estimated
filing of April 2024.
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
key steps to file for phase 1
Now
Municipality/City Must...
01.Identify Qualified Counsel to Retain
02.Pass Resolution to Retain Counsel
03.Obtain Flow Rate Data, Testing Data and
Other
Documents Necessary for Claim in
Settlement
04.Review and Complete Detailed Claim Forms
with Counsel and Counsel's Experts to
Determine Claim Value
05.Consider if 'Opt Out' is the Best Course of Action
for Municipality/City
Fairness Hearing in Federal Court to
Approve Settlement
December 14, 2023 for
DuPont and February 2,
2024 for 3M
Deadline to File Claim for Settlement
60 Days After Judge
Approves Settlement
(Estimated April 2024)
Initial Funding into Settlement Fund
for Phase One Payments
July 1, 2024
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
Detecting PFAS in Your Water
Source
Accurate determination of the presence of PFAS in public drinking water supplies can only be
done using accepted industry standard methods of testing.
Liquid Chromatography with tandem mass spectrometry (LC-MS/MS) is the accepted industry
standard method for detecting PFAS in a water supply, as established by the EPA .
Failing to use industry standard testing methods makes it impossible to produce reliable
results upon which to make important decisions about the safety of your town’s drinking water
supply or potential remediation measures.
It’s imperative to create a dialogue with the testing facility and understand the testing protocol
and the equipment used.
Understanding Test Results
Not all tests are created equal, and many municipalities who have tested for PFAS are unaware
of the testing method used.
Moreover, municipal decision-makers may be intimated by the potential cost of finding PFAS in
their water public water systems.
https://www.epa.gov/water-research/pfas-analytical-methods-development-and-sampling-research, 2023
LC-MS/MS is the most effective testing method to
accurately determine the presence of PFAS in public
drinking water systems.
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
FAQ
ABOUT THE PUBLIC WATER SYSTEMS AFFF/
PFAS SETTLEMENT
URGENT POTENTIAL DEADLINES TO BE PART OF THE
SETTLEMENT
Recent settlements with AFFF manufacturers have deadlines set to start 60 days after
the Court’s approval. Failure to timely file claims could result in delayed or denied
compensation.
Michael Stag has been appointed to leadership for the AFFF litigation. Stag Liuzza is currently
representing thousands of clients in the litigation and is helping municipalities file the
necessary claims to receive compensation to remediate water systems.
What are and why is there a
national settlement?
PFAS proposed
Since 2019, a nationwide lawsuit has been ongoing in South Carolina Federal Court concerning
PFAS water contamination. PFAS are known as ‘forever chemicals’ because they resist
degradation in the natural environment. One of several defendants agreed to a settlement
fund of at least $10.5 billion to pay public water systems (PWS) who qualify.
Who Is the Settlement?Paying
Currently, 3M has agreed to contribute at least $10.5 billion and up to $12.5 billion to the
settlement fund to be made available to ‘eligible’ PWS. The Dupont-related companies agreed
to contribute an additional $1.185 billion to fund a water district settlement fund. It is possible
more than 20 other companies could add additional amounts into the fund at later dates as the
case is continuing against these chemical manufacturers and distributors. The proposed
settlement will now be submitted to the court for approval, with payments starting as early as
2024. After the Court approves the settlement, there is a 60-day deadline to submit claims.
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Stag Liuzza www.cleangroundwater.com (888) 513-7545
Can Our for a Settlement
Payment?
Water System Qualify
Public Water Systems servicing at least 3,300 people may qualify. If your system has any
detectable level of several PFAS chemicals in it, your system should qualify for a payment.
Should We Really Test for This Chemical?
Yes. The EPA has proposed an MCL of 4 parts per trillion (ppt) for PFAS in its current PFAS
regulation. If this regulation is enforced as anticipated starting in 2024, your PWS will be legally
required to test and show less than 4 ppt in your system. Testing ahead of any such regulation
makes sense so you can obtain compensation in the settlement to remediate the system if
necessary.
How much may we receive in settlement?
A Court Appointed Settlement Administrator will consider many factors to allocate funds,
including:
Concentration of PFAS
Adjusted flow rates with averaging for three highest rates in a 10-year period
The goal is to calculate a ‘Capital Costs Component’ and an ‘Operations and Maintenance Costs
Component ’ for each settlement award. From there, your award may also qualify for
a 4x multiplier if your PFAS test result reaches a certain level. Individual awards could be
substantial, totaling millions of dollars for highly contaminated water systems.
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e x e c u t i v e c o m m i t t e e f o r n a t i o n a l p f a s l i t i g a t i o n
meet executive committee
member, mike stag
Among a select group, Mike Stag is one of the attorneys in this nationwide case chosen by
Judge Gergel for the Executive Committee overseeing the National PFAS litigation.
Mike and his firm, Stag Liuzza, have fiercely advocated for cities and municipalities, notably in
the recent national opioid cases. Currently, he's championing the cause for numerous cities
and municipalities from multiple states in the PFAS national settlement.
Stag Liuzza is deeply rooted in plaintiff-focused environmental and complex litigation. Beyond
environmental pursuits, Stag Liuzza has expanded its expertise to maritime law, personal
injury, toxic torts, mineral royalties, and litigation surrounding defective pharmaceuticals and
medical devices.
With over 30 years in environmental law, the firm has
consistently advocated for cities and municipalities.
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Why Stag Liuzza?
Stag Liuzza is a top national environmental law firm with decades of experience protecting the
rights of communities against harmful toxins.
01.A leadership role in the PFAS national claims.
Stag Liuzza has been appointed to the leadership committee for the national suit
governing PFAS from AFFF.
02.Expertise and Experience
Stag Liuzza has personally handled numerous water contamination cases and specializes
in this niche area of law
03.Multiple claimants/multi-district litigation
experience
Stag Liuzza has handled cases on behalf of large communities and governmental bodies.
They understand what it means to represent large significant parties in national suits.
04.Experience representing governmental entities
Representing a state or local entity differs from representing individuals and corporate
clients. Stag Liuzza has represented governmental entities for years and understands the
unique concerns and requirements of doing so.
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Big Chem
Takes Us Seriously
Here’s why:
15 billion+
gallons of water protected
(and counting!)
1,800
acres of soil cleanup identified
(and counting!)
100
years of combined
experience
Stag Liuzza is working with towns and cities across the country to put the cost of a new water
treatment plan on the companies that polluted it.
Join Us (888) 513-7545
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