Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 26-R07, a Resolution of the City Council of the City of Port St. Lucie, Florida, Approving of, and Authorizing the City Manager to Execute, a Settlement Agreement Between the City of Port St. Lucie, Florida (“City”) and Pentair Flow Technologies, LLC (“Pentair”).
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Submitted By: Alyssa Lunin, Senior Deputy City Attorney, City Attorney’s Office.
Strategic Plan Link: The City's Goal of a high-performing city government organization.
Executive Summary (General Business): Pentair is a manufacturer of pumping equipment and sold various pumping equipment, including grinder pump systems and associated equipment and controls, to the City from the 1990s to the 2020s (the “Equipment”). The City removed some of the Equipment from service, stored some of the removed Equipment on City owned or controlled property, and replaced some of the removed Equipment with equipment not made or sold by Pentair, however, other Equipment is still in service in the City.
The City has made warranty claims to Pentair relating to some of the Equipment, has alleged that the Equipment and systems in which the Equipment operate are defective, and that the Equipment still in service in the City may have had issues previously, or could have issues now or in the future, or along with any other allegations or claims that could have been alleged by the City (the “Claims”). The City and Pentair have determined independently that it is desirable and beneficial for them to settle, compromise and resolve their Claims via a settlement agreement, which is attached to the Resolution as Exhibit A (“Settlement Agreement”).
Presentation Information: N/A.
Staff Recommendation: Move that the Council approve of, and authorize the City Manager to execute, the Settlement Agreement between the City and Pentair.
Alternate Recommendations:
1. Move that the Council amend the recommendation and approve the Settlement Agreement.
2. Move that the Council not approve the Settlement Agreement and provide the City Attorney’s Office with direction.
Background: The City Attorney’s Office and Utility Systems Department have worked in tandem to negotiate the Settlement Agreement.
Issues/Analysis: N/A.
Financial Information: The Settlement Agreement contemplates that Pentair will pay to the City a sum of $112,500.00 within fourteen (14) days after the Settlement Agreement becomes binding upon the City.
Special Consideration: N/A.
Location of Project: N/A.
Business Impact Statement: N/A.
Attachments:
1. Resolution 26-R07
2. Exhibit A to Resolution 26-R07 - Settlement Agreement Executed by Pentair.
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: 25072-09.
Legal Sufficiency Review:
Reviewed by Alyssa Lunin, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.