Legislative Public Meetings

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File #: 21-0435   
Type: Report to Council Status: Passed
Meeting Body: City Council
On agenda: 4/20/2021
Title: Approve the Second Amendment to Outside Counsel Agreement with Downey Brand for Litigation Services pertaining to the pending litigation San Francisco Baykeeper v. City of Sunnyvale and Approve Budget Modification No. 19 in the amount of $500,000
Attachments: 1. Draft Second Amendment to Legal Services Agreement
REPORT TO COUNCIL

SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Downey Brand for Litigation Services pertaining to the pending litigation San Francisco Baykeeper v. City of Sunnyvale and Approve Budget Modification No. 19 in the amount of $500,000

Report
REPORT IN BRIEF
Approval is requested for a Second 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). The Second Amendment to the Agreement is needed to cover the fees and costs associated with proceeding to trial in this case, which are estimated to be $500,000. Consequently, it is necessary to request additional funding in the amount of $400,000 for these services. Approval of Budget Modification No. 19 is also requested to appropriate funding from the Wastewater Enterprise Fund to fund the Second Amendment.

EXISTING POLICY
Pursuant to Sunnyvale Charter Section 1305, at any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by affirmative votes of at least four members so as to authorize the transfer of unused balances appropriated for one purpose to another, or to appropriate available revenue not included in the budget.

BACKGROUND
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 Agreement was entered into on December 13, 2019, and the First Amendment was entered into in July 2020, with a not to exceed amount of $100,000. The term of the Agreement expires ...

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