BAWA Resolution No. 2024-01 RESOLUTION NO. 2024-01
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN AREA
WATER AUTHORITY AUTHORIZING THE GENERAL MANAGER TO
NEGOTIATE AND EXECUTE A CONTINGENCY FEE AND RETAINER
AGREEMENT WITH FRAZER LAW, PLC, AND VENTURA LAW TO PERFORM
LEGAL SERVICES IN CONNECTION WITH POTENTIAL LITIGATION
REGARDING THE PRESENCE OF POLYFLUOROALKYL SUBSTANCES (PFAS),
INCLUDING, BUT NOT LIMITED TO, PFOA AND OR PFOS, IN DRINKING
WATER, WASTEWATER AND SOIL IN THE BAYTOWN AREA WATER
AUTHORITY'S PROPERTY; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the Board of Directors of the Baytown Area Water Authority (the "Board") is
pursuing a Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to
perform legal services in connection with potential litigation regarding the presence of Polyfluoroalkyl
substances(PFAS)in drinking water, wastewater and soil in Baytown Area Water Authority(`BAWA")
property. Should detectable levels of PFAS be present,based upon revised standards issued by the United
States Environmental Protection Agency, BAWA hopes to recover damages from the manufacturers;
and
WHEREAS, the Frazer and Ventura law firms represent municipalities and water systems in
PFAS litigation across the country and have developed a specialty and competence in such litigation.;
and
WHEREAS, the law firms are members of the Water Council for the US Conference of Mayors
and, in this capacity, contacted BAWA in September 2023 regarding potential claims and recoveries
from settlements with various manufacturers that were recently announced; and
WHEREAS, BAWA has no previous relationship with either law firm; and
WHEREAS, the General Counsel's Office of BAWA of Baytown has neither the capacity,
expertise, nor current license requirements, to adequately represent BAWA in the current multi-district
federal litigation; and
W1IEREAS, lawsuits of this type are generally handled on a contingency basis by firms with
expertise in the area; and
WHEREAS, it is uncommon for law firms with such expertise to charge an hourly rate; and
WHEREAS, an hourly rate for such complex and time-consuming litigation would not be
economically feasible or in residents' best interests, especially considering the possibility of a loss or
minor recovery; and
WHEREAS, entering into a contingency fee arrangement with law firms with expertise in this
area of the law and the capacity to handle large,complex cases on a nationwide basis at no cost to BAWA
(unless BAWA recovers) is the most advantageous, expeditious, and economical way to protect
BAWA's rights; and
WHEREAS, before the Contingency Fee and Retainer Agreement is effective and enforceable,
BAWA must receive approval from the Texas Attorney General in accordance with Section 2254.1038
of the Texas Government Code; NOW THEREFORE
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN AREA WATER
AUTHORITY:
Section 1: That the Board finds that:
a. there is a substantial need for the legal services;
b. the legal services cannot be adequately perfonned by the attorneys and supporting
personnel of BAWA; and
C. the legal services cannot reasonably be obtained from attorneys in private practice
under a contract providing only for the payment of hourly fees, without regard to
the outcome of the matter, because of the nature of the matter for which the
services will be obtained or because BAWA does not have fiords to pay the
estimated amounts required under a contract providing only for the payment of
hourly fees.
Section 2: That the Board hereby authorizes the General Manager to negotiate and execute a
Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law to perform legal
services in connection with potential litigation regarding the presence of Polyfluoroalkyl substances
(PFAS), including, but not limited to, PFOA and/or PFOS, in drinking water, wastewater and soil in
Baytown,Texas. Such agreement shall be under terms and conditions acceptable to the General Manager
and General Counsel.
Section 3: That the General Manager and/or General Counsel shall, in accordance with Section
2254.1038 of the Texas Government Code seek approval from the Texas Attorney General for the
Contingency Fee and Retainer Agreement with Frazer Law, PLC, and Ventura Law.
Section 4: This resolution shall take effect immediately from and after its passage by the Board
of Directors of the Baytown Area Water Authority.
2
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of the
Baytown Area Water Authority this the 17t1i day of January, 2024.
Z'��� �!- __�
/RENDA BRADLEY SPTH.!Pr4esi dent
ATTEST: .�` p,TERq'���,�
.N¢�
4 '
ANGEL ACKSON, A
y
APPROVED ` S TO FORMr��'''�111*��``,
SCO OND, General Counsel
R:,Scott`,BAWA 2024-01-17 Conti ngencyFee&RetainerAgreement-PFASLawsuit.docx
3