SUBJECT
Title
Approve the Second Amendment to Outside Counsel Agreement with Burke, Williams & Sorensen, LLP for Litigation Services
Report
REPORT IN BRIEF
Approval is requested for a Second Amendment to the Outside Counsel Agreement with the law firm of Burke, Williams & Sorensen, LLP for legal services and representation of the City in the matter of City of Sunnyvale v. Summit Public Schools, et al., Santa Clara County Superior Court Case No. 1-13-CV-255504. This Second Amendment is needed to cover the costs associated with monitoring and enforcing the judgment against Summit Public Schools and defending the Appeal filed by Summit Public Schools, and will increase the not-to-exceed amount of the Agreement by $27,000 for a new not-to-exceed amount of $127,000.
BACKGROUND
John R. Yeh, a trial attorney who specializes in representing and advising school districts in charter school, labor and employment, and litigation matters, and partner in the law firm of Burke, Williams & Sorensen, LLP, was retained by the City Attorney under Section 908 of the City Charter to represent the City and provide legal services and representation in the matter of City of Sunnyvale v. Summit Public Schools, et al. Mr. Yeh has extensive litigation experience and has successively litigated cases on behalf of school districts and public agencies in court, with a significant number of claims dismissed or adjudicated in favor of school districts and public agencies. The Agreement was entered in May 2014, and the not-to-exceed amount has been increased once to the current not-to-exceed amount of $100,000. The term of the Agreement expires in April 14, 2017.
DISCUSSION
Mr. Yeh is providing advice and representation in this case against Summit Public Schools. This current case involves a nuisance action filed by the City of Sunnyvale against Summit Public Schools for operating a school at 495 Mercury Drive, Sunnyvale without zoning authorization. On November 1, 2016, the Superior Court i...
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