REPORT TO COUNCIL
SUBJECT
Title
Approve the Third Amendment to Outside Counsel Agreement with Downey Brand for Litigation Services Pertaining to the Pending Litigation San Francisco Baykeeper v. City of Sunnyvale Increasing the Not-to-Exceed Contract Amount by $250,000 for a new Not-to-Exceed Contract Amount of $750,000 and Approve Budget Modification No. 6
Report
BACKGROUND
Approval is requested for a Third Amendment to the Outside Counsel Agreement with the law firm of Downey Brand for legal services and representation of the City in the matter of San Francisco Baykeeper v. City of Sunnyvale (United States District Court Case Number 5: 20-CV-00824-EJD). Melissa A. Thorme, a partner in the law firm Downey Brand in Sacramento, is a lawyer focusing on stormwater and wastewater regulatory issues with experience in complex litigation matters. Ms. Thorme and her firm were retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services, consultation and advice concerning the above referenced case in litigation.
The initial Legal Services Agreement between the City of Sunnyvale and Downey Brand for representation the matter of San Francisco Baykeeper v. City of Sunnyvale was entered into on December 13, 2019, for an amount of $50,000. The First Amendment to Legal Services Agreement entered into on July 10, 2019 increased the amount of allowed compensation to $100,000. Council authorized a budget modification and Second Amendment to the Agreement in April 2021 (RTC No. 21-0435) increasing the not-to-exceed contract amount by $400,000, for a new not-to-exceed contract amount of $500,000 and Approve Budget Modification No. 19. The complex nature of the discovery, including depositions and pre-trial motions were greater than expected and with a possible trial date being set for January 17, 2023 the cost of litigation will soon exceed the Council authorized not to exceed contract amount.
EXISTING POLICY
Pursuant to S...
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