Executive/Council Action Form (ECAF 2025-3604)
ITEM TITLE:
Title
Motion 25-546, approving agreements for legal services and airport multi district litigation coalition related to recovery of damages claims at the Snohomish County Airport
body
DEPARTMENT: Airport
ORIGINATOR: Emily Phillipe
EXECUTIVE RECOMMENDATION: Approved by Mike Fong 11/21/25
PURPOSE: Approval of Airport joining MDL Coalition Common Interest, Confidentiality, and Participation Agreement and Legal Services Contract. Agreements will be presented in future motion to Council for approval.
BACKGROUND:
Ø Snohomish County Airport (“Airport”) has discovered PFAS contamination at the Airport, attributable, at least in part, to the historic use of PFAS-containing AFFF for fire suppression purposes at the Airport. Accordingly, manufacturers of AFFF may have caused or contributed to hazardous waste, substances, pollutants and contaminants on various locations of Airport property causing damage.
Ø Legal representation for legal action is necessitated by such hazardous substances, remediation and damages.
Ø The Airport desires to assert claims alongside several other airport plaintiffs in ongoing PFAS multi-district litigation (“PFAS MDL”), a consolidated federal docket of cases that have been filed against PFAS manufacturers and join the Airport Coalition.
Ø Accordingly, the Airport seeks to enter into the Airport MDL coalition agreement and a legal services agreement for participation in the PFAS MDL.
Ø The Airport MDL Coalition has a joining cost, of $5,000 for small hub airports, and future annual costs, to be determined, not to exceed $100,000 cumulatively, without further written approval. The Legal Services agreement is on a contingency fee basis as specified in the contract and all litigation costs, including filing fees, deposition fees, expert fees, are to be determined. It is anticipated litigation costs could exceed $100,000 through trial, if necessary.
FISCAL IMPLICATIONS:
|
EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU |
2025 |
2026 |
Total 2 yrs |
|
410.52168010.4101 Professional Services |
$5,000 |
$100,000 |
$105,000 |
|
|
|
|
|
|
TOTAL |
$5,000 |
$100,000 |
$105,000 |
|
REVENUE: FUND, AGY, ORG, REV, SOURCE |
2025 |
2026 |
Total 2 yrs |
|
410.321680.0800 Fund Balance |
$5,000 |
$100,000 |
$105,000 |
|
|
|
|
|
|
TOTAL |
$5,000 |
$100,000 |
$105,000 |
DEPARTMENT FISCAL IMPACT NOTES:
The airport has sufficient funds in the current year budget and planned accordingly in future years.
CONTRACT INFORMATION:
|
ORIGINAL |
X |
CONTRACT# |
|
AMOUNT |
$105,000 |
|
AMENDMENT |
|
CONTRACT# |
|
AMOUNT |
|
Contract Period
|
ORIGINAL X |
START |
Upon Execution |
END |
Until completion |
|
AMENDMENT |
START |
|
END |
|
OTHER DEPARTMENTAL REVIEW/COMMENTS: Reviewed/approved by: Risk Management (Sheila Barker 11/17/25) and Finance (Nathan Kennedy 11/19/25)