Placement: Consent Agenda
Action Requested: Motion / Vote
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Approve the Retention of Legal Counsel for Waste Pro 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 City of Port St. Lucie v. Waste Pro of Florida, Inc.
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 in one of the most significant cases in the City’s history.
7. Cost to Port St. Lucie (Annual and Potential): Retention of counsel includes a dedicated legal team who operates on a blended hourly rate.
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 move to approve the retention of Weiss Serota Helfman Cole + Bierman, P.L. as lead trial counsel in the Waste Pro litigation and authorize the City Attorney to enter into the attached retainer agreement.
Alternate Recommendations:
1. Move that the Council not approve retention and provide further direction.
Background: In September of 2021, the City commenced a legal action against Waste Pro of Florida, Inc., the City’s former solid waste hauler for breach of contract. Litigation is ongoing and the City wishes to retain lead trial counsel as discovery and trial preparation advances. The attached retainer agreement provides for a core team of legal professionals, led by firm partner Daniel Abbott, who will be dedicated to advancing the City’s interests in the litigation.
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 team: Partners @ $425/hour; Associates @ $325/hour; and Paralegals @ $125/hour.
Special Consideration: Retaining this team of commercial litigation experts is essential to placing the City in the best position to litigate this matter.
Location of Project: N/A
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: N/A
Legal Sufficiency Review:
Reviewed by Richard Berrios, City Attorney. Approved as to Legal form and sufficiency by Richard Berrios, City Attorney.