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Council authorizes contingency legal agreement to test for PFAS in water sources
Summary
The council voted unanimously to authorize the mayor to sign a contingency legal services agreement enabling city staff to test water sources for PFAS (per‑ and polyfluoroalkyl substances) at no up‑front cost and to allow attorneys to pursue claims if contaminants are found.
The Leavenworth City Council on Sept. 9 approved a resolution authorizing a contingency legal‑services agreement to pursue PFAS (per‑ and polyfluoroalkyl substances) product‑liability litigation, and to provide the city with sampling kits and laboratory testing at no up‑front cost.
Councilmember Salvador presented the item and described PFAS as a broad family of persistent chemicals used in firefighting foam, nonstick coatings and water‑repellent materials. He noted there are nationwide settlements with manufacturers (including 3M and DuPont) and a fund of settlement monies already set aside; staff said the city has been contacted by plaintiffs’ counsel about participation. Salvador said the program would give the city baseline sampling and, if PFAS is detected, allow the attorneys to seek recovery for filtration or mitigation measures.
City staff said the work would proceed on contingency: attorneys advance costs and laboratory testing; if the city obtains a recovery, attorneys would collect a fee (contingency share) from any recovery. Staff clarified the contract language and the council questioned financial exposure. Staff and the city attorney stated the agreement obligates the attorneys to advance costs and that the city would not be required to pay litigation expenses out of pocket if the claim is unsuccessful; council members asked for and received that assurance before voting.
Council then moved and unanimously approved the resolution authorizing the mayor to sign the legal services agreement.
Next steps: staff will accept sampling kits, conduct tests of water sources (wells and treatment plant influent/finished water as appropriate), and, if PFAS is detected, proceed with litigation steps under the contingency agreement.
