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City of Port St. Lucie header
File #: 2026-328    Version: 1 Name:
Type: Resolution Status: Agenda Ready
File created: 3/25/2026 In control: City Council
On agenda: 4/10/2026 Final action:
Title: Resolution 26-R31, a Resolution Approving and Authorizing the Settlement of Litigation Styled as City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.
Attachments: 1. Waste Pro Litigation Settlement Resolution, 2. Joint Stipulation and Order of Dismissal (Waste Pro)

Placement: Resolutions                     

Action Requested: Motion / Vote                     

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Resolution 26-R31, a Resolution Approving and Authorizing the Settlement of Litigation Styled as City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.  

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Submitted By: Bryan Pankhurst, Legal Operations Administrator, City Attorney’s Office

 

Strategic Plan Link: The City's Goal of a high-performing city government organization.

 

Executive Summary (General Business): Approve and authorize the settlement of the above-referenced litigation by executing a Joint Stipulation and Order of Dismissal in substantially the same form as the attached Exhibit “A”, which will fully and finally settle the lawsuit styled as City of Port St. Lucie v. Waste Pro of Florida, Inc., Case No. 2021-CA-001628.

 

Presentation Information: Staff will be available for questions.

 

Staff Recommendation: Move that the Council approve the Resolution.

 

Alternate Recommendations:

1.                     Move that the Council amend the recommendation and approve the Resolution.

2.                     Move that the Council not approve the Resolution and provide staff direction.

 

Background: The City of Port St. Lucie (“City”) filed suit against Waste Pro of Florida, Inc. (“Waste Pro”), alleging, inter alia, breach of contract to perform under the Franchise Agreement by failing to timely and adequately collect refuse (garbage and bulk waste) and yard waste. Waste Pro filed counterclaims against the City related to the Franchise Agreement. The parties are set for trial to begin on April 13, 2026. 

 

Issues/Analysis: After extensive negotiation and mediation, the parties to this lawsuit have reached terms of settlement contingent on the approval and execution of a Joint Stipulation and Order of Dismissal.

                     

Financial Information: N/A

 

Special Consideration: The terms of the settlement are substantially set forth in the attached Joint Stipulation and Order of Dismissal.  The effectiveness of this settlement is contingent upon approval by all named parties, their execution of the Joint Stipulation and Order of Dismissal, and the Court’s approval/execution of same.

 

Location of Project: N/A

 

Business Impact Statement: N/A

 

Attachments:

1.                     Resolution

2.                     Exhibit A - Joint Stipulation and Order of Dismissal

 

 

NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.

 

Internal Reference Number: 7099

 

Legal Sufficiency Review: 

Reviewed by Alyssa Lunin, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.