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Consent Agenda - B.C.C. 3.10.15 Office of INDIAN RIVER COUNTY ATTORNEY Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Kate Pingolt Cotner, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: Dylan Reingold, County Attorney DATE: February 27, 2015 SUBJECT: Kota of Sarasota, Inc. v. Waste Management Inc. of Florida Class Action Lawsuit BACKGROUND. Between 2005 and 2008, the County donated $20,000 per year to World Changers' neighborhood clean-up and minor repair projects. The County had paid for supplies such as paint, portables and dumpsters. Recently, World Changers, through Diane Pickhardt, received several notices concerning a proposed class action settlement in a lawsuit titled Kota of Sarasota, Inc. v. Waste Management Inc. of Florida. This class action lawsuit was filed against Waste Management Inc. of Florida (WMF) alleging that WMF engaged in improper pricing of contracting practices. A settlement of that lawsuit has been reached. Parties that had written contracts with WMF between June 1, 2008 and December 31, 2013 may be entitled to compensation. Under the proposed settlement, WMF will establish a settlement fund of $2,750,000, with each class member being entitled to participate in a monetary recovery from the settlement fund without establishing any injury or harm. Each class member will receive a payment from the settlement fund for each location where it received service from WMF. Each class member will receive the same payment amount multiplied by the number of locations where it received service. The settlement notice was sent to World Changers, attention Diane Pickhardt, as Ms. Pickhardt was the County's contact person with World Changers. The Indian River County Board of County Commissioners ("Board") has three options. The first is to participate in the settlement and receive a payment, if entitled, and if the settlement is approved by the circuit court. The second alternative is to vote to be excluded from the settlement. In order to be excluded, a party must submit notice by March 30, 2015. Finally, the Board could vote to object to the settlement. The objection would need to be filed by March 30, 2015. In order to receive any benefit under the settlement, a party must release any claims that it may have against WMF with respect to this lawsuit. Approved for March 10, 2015 BCC Meeting Consent Agenda "COUNTY ATTORNEY F: A'tomry linda,GEVERAL13 C CAgendo Memos If'orld Changers Wave .ilanagemenr Class Aciion Lawsuit. doc 11 Indian River Co. ApprovedDate Admin. ik ,3 5 Co. Atty. , C Budget 3 j5 DepartmentK' Zit ) 7/ Risk Management --- 11