ORDINANCE NO. 180174
Authorizing the City Attorney to negotiate and execute
Legal Services Contracts with a joint team, consisting of the law firms Simmons
Hanly Conroy and Williams Dirks Dameron, for the provision of legal services
related to the opioid epidemic.
WHEREAS, there is a current epidemic in our nation, state
and city involving those addicted to prescription medications and illegal
drugs; and
WHEREAS, the City believes the unlawful acts and other
practices of opioid manufacturers and distributers in the marketing and sales
of opioids has led to the overprescribing of opioids, an increase in the use of
other drugs such as heroin and an increase of overdoses and deaths; and
WHEREAS, the diversion of legally-produced controlled
substances into the illicit market causes and contributes to the serious public
health and safety crisis; and
WHEREAS, there is a nationwide movement of hundreds of
cities, counties and other governmental entities seeking damages against
various manufacturers and distributors of opioids for economic damages related
to items such as addiction treatment, ambulance services, first responder
services, emergency room visits, law enforcement, substance abuse counseling,
jail costs, other effects of overdoses and a potential host of other direct
costs; and
WHEREAS, the City is also interested in exploring
non-economic results from opioid litigation such as the curtailing of deceptive
marketing and a lessening of the overprescribing of opioids; and
WHEREAS, the City wants to engage a firm who has the unique
or specialized experience and resources to litigate these actions, either
through class-actions or direct actions, in state or in federal court as part
of multi-district litigation, or through any other means deemed appropriate;
and
WHEREAS, a selection committee reviewing a City-issued
Request for Proposals (RFP) for these legal services has recommended the City
Attorney to engage a joint team of Simmons Hanly Conroy (with offices in New
York, Illinois, Missouri and California) and the local firm Williams Dirks
Dameron; and
WHEREAS, the selection committee and the City Attorney
believe this joint team consisting of a national leader in opioid litigation
and two highly-respected local firms will put the City in the best position in
terms of any recovery from opioid epidemic cases; and
WHEREAS, the selected firms intend on utilizing the legal
services of Hardwick Law Firm,LLC, a local MBE firm who will join the team in
this combined effort; and
WHEREAS, the City Attorney will work with this joint team
to analyze potential claims and courses of action; and
WHEREAS, the City will not advance any funds, as any
contract for legal services will contain a fairly standard contingency fee
arrangement with all legal fees and expenses subtracted from any future
settlement or damage recovery; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:
Section 1. That the City Attorney is hereby authorized to
negotiate and execute legal services contracts and subsequent agreements on a
contingency-fee basis with the joint team, consisting of the law firms of Simmons
Hanly Conroy and Williams Dirks Dameron, to provide legal services as lead
counsel for the City in potential opioid epidemic cases and related actions.
_____________________________________________
Approved
as to form and legality:
_______________________________
Joseph A. Guarino
Assistant City Attorney