AGR-7443.2 - EVERETT DOREY LLP - SECOND AMENDMENT LITIGATION DEFENSE REGARDING CAROL LEIGH KNEESHAW VS CITY OF ORANGEDocuSign Envelope ID:099AD7C7-9789-4E4E-A6F6-735761 DF0194
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AGR-7443.2
SECOND AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the
Second Amendment") is made and entered into as of January 9 2023 by and
between the CITY OF ORANGE, a municipal corporation("City"), and EVERETT DOREY LLP
Law Firm"), with reference to the following:
A. City and Law Firm entered into an Attorney Services Agreement (Agreement No.
7443)dated as of November 30,2022,which is incorporated herein by this reference(the"Original
Agreement"); and
B. City and Law Firm amended the Original Agreement to increase the compensation
by a First Amendment to Attorney Services Agreement (Agreement No. 7443.1) dated April 25,
2023, which is incorporated herein by this reference (the"First Amendment"); and
B. City and Law Firm desire to further amend the Original Agreement to modify,
amend and supplement certain portions of the Original Agreement by increasing the compensation.
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
Second Amendment are deemed and construed to refer to the Original Agreement,as implemented
by this Second Amendment.
Section 3 Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Section II.A. of the Original Agreement is increased by EIGHTY
THOUSAND DOLLARS and 00/100 ($80,000.00) and Section II.A. is hereby amended in its
entirety to read as follows:
City shall pay Law Firm as consideration for services satisfactorily rendered
pursuant to this Agreement at the hourly rates set forth in the attached Exhibit"A".
Total payments for services performed pursuant to this Agreement shall not exceed
Three Hundred Ten Thousand Dollars ($310,000.00)without prior approval of City
Council of City. A condition precedent to any payment to Law Firm shall be that
Law Firm shall submit, at least quarterly, a separate statement of account on each
file which clearly sets forth by dates the designated items of work,the work time of
each item and amount charged for said work time."
Section 4. Integration. This Second Amendment amends, as set forth herein, the
Original Agreement and, except as specifically amended hereby, the Original Agreement shall
DocuSign Envelope ID:099AD7C7-9789-4E4E-A6F6-735761 DF0194
remain in full force and effect. To the extent that there is any conflict or inconsistency between
the terms and provisions of this Second Amendment and the terms and provisions of the Original
Agreement,the terms and provisions of this Second Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Second Amendment on the
year and day first above written.
LAW FIRM" CITY"
EVERETT DOREY LLP CITY OF ORANGE, a municipal corporation
DocuSigned by: DocuSigned by:
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By: '-78fFR1456FF1497 By• 07nRRR777A70417
Printed Name: Seymour B. Everett, III Daniel R. Slater, Mayor
Title: Partner
By: ATTEST:
Printed Name: DocuSigned by:
Title:
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Pamela Coleman, City Clerk
APPROVED AS TO FORM:
r—DocuSigned by:
M il t, Utijolf i.
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Mike Vigliotta, City Attorney
NOTE:If Law Firm 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.
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