REPORT TO COUNCIL
SUBJECT
Title
Authorize the First 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 $150,000 for a new Not-to-Exceed Contract Amount of $400,000 and Approve Budget Modification No. 23 in the Amount of $300,000
Report
BACKGROUND
Approval is requested for a First 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). Melissa A. Thorme, formerly a partner in the law firm Downey Brand in Sacramento, joined the firm of Stoel Rives as a partner in October 2024. Ms. Thorme is a lawyer focusing on 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 of the Cities paying 50% of attorneys' fees and other litigation costs.
The initial Legal Services Agreement between the City of 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 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. 21-0...
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