Label
Fire Truck Litigation
Department of Law
D. Emch x1020
Title
Authorizing the Mayor and Director of Law to enter into an agreement with legal counsel for the provision of professional assistance on behalf of the City of Toledo to prosecute claims and recover damages as part of potential fire truck antitrust litigation; authorizing the acceptance and deposit of claim proceeds, and declaring an emergency.
Body
SUMMARY & BACKGROUND:
Litigation has been pursued by political subdivisions around the country against manufacturers of fire trucks and other defendants regarding certain unfair and anti-competitive business practices in violation of antitrust laws. The City of Toledo seeks to pursue legal claims and remedies related to this alleged conduct.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That the Mayor and Director of Law are authorized to enter into an agreement in substantially the same form as attached Exhibit A with Baron & Budd P.C., Simonsen Sussman LLP, Young & Partners LLP, and Zoll & Kranz LLC, as well as any successor firms or attorneys who may prosecute the above-referenced claims, to provide legal services in the prosecution of claims against certain fire truck manufacturers and other defendants who may have engaged in unfair and anti-competitive business practices in violation of antitrust laws.
SECTION 2. That Council finds and determines it is in the best interest of the City that the competitive bidding requirements of the Toledo Municipal Code Chapter 187 are hereby waived for the reason that the attorneys to be retained have subject matter expertise and will provide their services at prevailing rates.
SECTION 3. That the Mayor and Director of Law are authorized to execute all related settlement documents and other necessary documents related to the referenced litigation containing such terms and conditions as acceptable to the Director of Law, including the authority for payment of fees...
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