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File #: 17-0366   
Type: Report to Council Status: Consent Calendar
Meeting Body: City Council
On agenda: 4/11/2017
Title: Approve the Third Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency
Attachments: 1. Draft Third Amendment to Outside Counsel Agreement
SUBJECT
Title
Approve the Third Amendment to Outside Counsel Agreement with Goldfarb Lipman for Litigation Services Pertaining to the Three Lawsuits Related to the Dissolution of the Redevelopment Agency

Report
REPORT IN BRIEF
Approval is requested for a Third Amendment to the Outside Counsel Agreement with the law firm of Goldfarb Lipman for legal services and representation of the City in the matters of (i) Sunnyvale Successor Agency v. Ana Matasantos (Sac SC # 34-2013-800001499) ("Sunnyvale #1"); (ii) Santa Clara Office of Education et al. vs Successor Agency to the Sunnyvale Redevelopment Agency (Sac SC # 34-2013-800001627) ("Sunnyvale #2"); and (iii) Sunnyvale vs. Michael Cohen (Sac SC #34-2015-80002067) ("Sunnyvale #3"). The estimated costs related to the Second Amendment, which was to cover costs associated with the filing of the opening and reply briefs in the appeal of Sunnyvale #3, and to have sufficient funding for the costs associated with oral arguments in Sunnyvale #1, #2 and #3 when scheduled was underestimated. Consequently, it is necessary to request additional funding in the amount of $20,000 for these services through the approval of the Third Amendment to the Outside Counsel Agreement.

BACKGROUND
Karen Tiedemann, a partner in the law firm Goldfarb Lipman in Oakland, is a lawyer specializing in the areas of real estate transactions, affordable housing, nonprofit organization and environmental law. Ms. Tiedemann 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 cases in litigation. The Agreement was entered in June 24, 2013, and the First amendment was entered into in March 2016, with a not to exceed amount of $160,000. The Second amendment was entered in October 31, 2016, with a current not to exceed amount of 200,000. The term of the Agreement expires on May 19, 2019.

DISCUSSION
Goldfarb Lipman has r...

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