REPORT TO COUNCIL
SUBJECT
Title
Authorize the Second Amendment to Outside Counsel Agreement with Stoel Rives for Litigation Services Pertaining to the Litigation of San Francisco Baykeeper v. City of Sunnyvale (U.S. District Court Case No. 5:20-CV-00824-EJD) Increasing the Not-to-Exceed Contract Amount by $400,000 to a new Not-to-Exceed Contract Amount of $800,000 and Approve Budget Modification No. 2 in the Amount of $400,000
Report
BACKGROUND
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Stoel Rives 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). The Complaint was filed by Baykeeper on February 4, 2020, and a First Amended Complaint was filed on April 28, 2020. Plaintiff alleges violations of the Clean Water Act and a federal discharge permit related to bacteria.
Melissa A. Thorme, formerly a partner at Downey Brand in Sacramento, now with the Stoel Rives law firm, specializes stormwater and wastewater regulatory issues, with experience in complex litigation matters. The City Attorney retained her and her firm 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. Concurrently, Baykeeper filed a similar lawsuit against the City of Mountain View, which was consolidated with the Sunnyvale case. Ms. Thorme represents both Sunnyvale and Mountain View pursuant to a joint defense agreement, with each city paying 50% of the attorneys' fees and other litigation costs.
The initial Legal Services Agreement between the Sunnyvale and Downey Brand for representation in 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 the Legal Services Agreement, entered into on July 10, 2019, increased ...
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