Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve the Retention of Legal Counsel for ACR Litigation
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Submitted By: Richard Berrios, City Attorney’s Office
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Summary Brief (Agreements/Contracts only)
1. Prepared by: Richard Berrios, City Attorney
2. Parties: City of Port St. Lucie and Weiss Serota Helfman Cole + Bierman, P.L.
3. Purpose: Retention of legal counsel to represent the City of Port St. Lucie, Florida in the matter styled ACR Acquisition, LLC v. City of Port St. Lucie, Florida
4. New/Renewal/Modified: New
5. Duration: Counsel will be retained through the duration of litigation.
6. Benefits to Port St. Lucie: Professional and zealous advocacy for the City of Port St. Lucie against a plaintiff with which the firm has prior experience and success.
7. Cost to Port St. Lucie (Annual and Potential): Retention of counsel includes a dedicated legal team who operates on a blended hourly rate. Retention also includes payment of basic fees and costs which are incident to litigation (e.g., travel, copying, postage, filings, etc.).
Presentation Information: No presentation is planned for this item, but our office will be available for questions Council may have.
Staff Recommendation: Move that the Council approve the retention of Weiss Serota Helfman Cole + Bierman, P.L. as lead counsel in the ACR litigation referenced above, authorize the City Attorney to enter into the attached retainer agreement, and authorize expenditures thereunder subject to available funds.
Alternate Recommendations:
1. Move that the Council not approve retention and provide further direction.
Background: ACR Acquisition, LLC filed an initial complaint and an amended complaint on June 11, 2025 and June 12, 2025 respectively.
Issues/Analysis: Retention of Weiss Serota Helfman Cole + Bierman, P.L. is exempt from competitive solicitation and procurement under Section 35.08(a)(1) of the City Code of Ordinances (“Exemptions provided in section 287.057, Florida Statutes, as may be amended[.]”). Section 287.057(3)(e)4., Florida Statutes exempts “[l]egal services, including attorney, paralegal, expert witness, appraisal, or mediator services.”
Financial Information: Retainer agreement provides the following hourly rates for the litigation team: Partners @ $425/hour; Associates @ $325/hour; and Paralegals @ $125/hour.
Special Consideration: Retention of this litigation team, who has prior experience litigating against the plaintiff on behalf of the City (with success), is essential to placing the City in the best position to litigate this matter.
Location of Project: Circuit Court of the Nineteenth Judicial Circuit in and For St. Lucie County, Florida.
Attachments: Retainer Agreement
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: 25169-03
Legal Sufficiency Review:
Reviewed by Richard Berrios, City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.