AGR-7423.1 - KANE, BALLMER & BERKMANA G R
FIRST AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (the
First Amendment") is made and entered into as of Feb. CO 2023, by and between the
CITY OF ORANGE, a municipal corporation ("City"), and KANE, BALLMER & BERKMAN, a
professional corporation ("Law Firm"),with reference to the following:
A. City and Law Firm entered into a Professional Services Agreement (Agreement No.
7423) dated as of November 3, 2022, which is incorporated herein by this reference (the "Original
Agreement"); and
B. City and Law Firm desire to amend the Original Agreement to modify, amend and
supplement certain portions of the Original Agreement by increasing the compensation and
authorizing the legal work to be performed on any affordable housing project.
NOW,THEREFORE,the parties hereby agree as follows:
Section 1. Defined Terms. Except as otherwise defined herein,all capitalized terms used
herein shall have the meanings set forth for such terms in the Original Agreement.
Section 2. Cross-References. City and Law Firm agree that all references in this First
Amendment are deemed and construed to refer to the Original Agreement, as implemented by this
First Amendment.
Section 3. Services. Section 1 of the Original Agreement, "Services," is revised to reflect
the performance of legal services for any affordable housing project in the City, as directed by the
City.
Section 4. Payment. Section 2 of the Original Agreement,"Payment,"is revised to reflect
an increase of FORTY THOUSAND DOLLARS and 00/100 ($40,000.00) in the total not-to-exceed
compensation for the services to be rendered and Section 2.a is hereby amended in its entirety to read
as follows:
Contractor's total compensation for all services performed under this Agreement, shall
not exceed SEVENTY THOUSAND DOLLARS and 00/100 ($70,000.00) without the
prior written authorization of City."
Section 5. Integration. This First Amendment amends, as set forth herein, the Original
Agreement and, except as specifically amended hereby, the Original Agreement shall remain in full
force and effect. To the extent that there is any conflict or inconsistency between the terms and
provisions of this First Amendment and the terms and provisions of the Original Agreement,the terms
and provisions of this First Amendment shall control and govern the rights and obligations of the
parties.
IN WITNESS of this First Amendment, the parties enter into this First Amendment on the
year and day first above written.
CONTRACTOR" CITY"
KANE, BALLMER&BERKMAN, CITY OF ORANGE, a municipal corporation
a professiona 0rporatio
By:t,A' By:
Printed . I,e: Roy•e K. Jon•s niel R. Slater,Mayor
Title: Pres'dent
IF Tr
By: — ATTEST:
Printed Name: Todd C. Mooney
Title: Secretary
pp'' .r&ifktaX-4- ______
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
fs l u
Mary E.B ning
Senior Assistant City Attorne
NOTE: If Contractor is a corporation,the City requires the following signature(s):
1) the Chairman of the Board, the President or a Vice-President, AND (2) the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or
an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office,please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter into
this Agreement. A copy of the corporate resolution, certified by the Secretary
close in time to the execution of the Agreement,must be provided to the City.