HomeMy WebLinkAboutAGR-7530.2 - MCCUNE & HARBER, LLP. - ATTORNEY SERVICES AGREEMENTSECOND AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the
“Second Amendment”) is made and entered into as of __________________, 2024 by and
between the CITY OF ORANGE, a municipal corporation (“City”), and MCCUNE & HARBER,
LLP, a limited liability partnership (“Law Firm”), with reference to the following:
A. City and Law Firm entered into an Attorney Services Agreement (Agreement No.
7530) dated as of August 1, 2023, 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. 7530.1) dated April 23,
2024, which is incorporated herein by this reference (the “First Amendment”); and
C. City and Law Firm desire 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 2. Payment -A. of the Original Agreement is increased by
THIRTY THOUSAND DOLLARS and 00/100 ($30,000.00) and Section 2. Payment -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
Sixty Thousand Dollars ($90,000.00) 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: 1B70A4E0-4AB9-43A5-836A-9423E16C9BB7
AGR-7530.2
November 26,
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"
MCCUNE & HARBER, LLP CITY OF ORANGE, a municipal corporation
*By ~
Printe ~ ===:c'1 /<v C
Title: A±+orof2..y
By: ____________ _
Daniel R. Slater, Mayor
*By:---------------ATTEST:
Printed Name: __________ _
Title: ____________ _
*NOTE:
Pamela Coleman , City Clerk
APPROVED AS TO FORM:
Mike Vigliotta, City Attorney
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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Docusign Envelope ID: 1B70A4E0-4AB9-43A5-836A-9423E16C9BB7