HomeMy WebLinkAboutAGR-7822.3 - BORDIN SEMMER, LLP. - ATTORNEY SERVICESDocusign Envelope ID:5A5EFOF5-7C12-8969-809C-26CC592D56F7
Initial
AGR-7822. 3 L7
THIRD AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS THIRD AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the
Third Amendment") is made and entered into as of April 28 2026, by and
between the CITY OF ORANGE, a municipal corporation ("City"), and BORDIN SEMMER,
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.
7822) dated as of April 14, 2025, 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. 7822.1)dated August 12,
2025, which is incorporated herein by this reference(the"First Amendment"); and
C. City and Law Firm amended the Original Agreement to increase the compensation
by a Second Amendment to Attorney Services Agreement(Agreement No. 7822.2)dated January
13, 2026, which is incorporated herein by this reference (the"Second Amendment"); and
D. 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
Third Amendment are deemed and construed to refer to the Original Agreement, as implemented
by this Third Amendment.
Section 3 Compensation. The total not-to-exceed compensation for the services to
be rendered as set forth in Section II. Payment -A. of the Original Agreement is increased by
THREE HUNDRED THOUSAND DOLLARS and 00/100 ($300,000.00) and Section II.
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
Six Hundred Ten Thousand Dollars ($610,000.00) 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."
Docusign Envelope ID:5A5EFOF5-7C12-8969-809C-26CC592D56F7
Section 4. Integration. This Third 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 Third Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this Third Amendment shall control and govern the rights
and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Third Amendment on the year
and day first above written.
LAW FIRM" CITY"
BORDIN SEMMER, LLP, a limited CITY OF ORANGE, a municipal corporation
liability partnership
Initial
c—DocuSigned by:
By: By: Paan,l.t,, • 5(,a}t,V'
Printed Nam . Joshua Bordin-Wosk Daniel R. Tater, Mayor
Title: Attorney
By: ATTEST:
Printed Name:
r—Signed by:
Title:
Utl tltU F3tl tI-4JA...
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
r—DocuSigned by:
U 4U/U'U b41A.,Nathalie Adourian, 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.
2