1 Everett Dorey LLC
Amendment One
AMENDMENT NUMBER ONE TO
PROFESSIONAL SERVICES AGREEMENT
WITH
EVERETT DOREY LLP
Th
is Amendment Number One (“Amendment”) is dated ______________, 2025, (“Effective Date”), by and between the CITY OF COSTA MESA, a municipal corporation (“City”) and EVERETT DOREY LLP (“Consultant”).
W
HEREAS, City and Consultant entered into an agreement on February 19, 2019, for Consultant as an independent contractor to provide legal services to the City, (the “Agreement”); and
WHEREAS, City and Contractor now desire to update Exhibit “C” in the Agreement and increase the compensation reflected in Section 2 of the Agreement; NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. The foregoing recitals in this Amendment are hereby declared to be true and correct and are incorporated as if fully set forth herein.
2. Section 2 and Exhibit “ C” of the Agreement are amended to reflect the increase in hourly rates. Revised Exhibit “C” is attached to this Amendment.
3. All terms not defined herein shall have the same meaning and use as set forth in the Agreement, as amended.
4. All other terms, conditions, and provisions of the Agreement, as amended, shall remain in full force and effect.
5. This Amendment may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
I
N WITNESS WHEREOF, the Parties hereto have caused this Amendment to be executed by and through their respective authorized officers, as of the date first above written.
CO
NSULTANT
________________________________
Date: __________________________
Seymour B. Everett
Attachment 2
2 Everett Dorey LLC
Amendment One
CITY OF COSTA MESA
__________________________________ Date: __________________________ Cecilia Gallardo Daly
Interim City Manager
ATTEST:
__________________________________ Date: __________________________ Brenda Green
City Clerk
APPROVED AS TO FORM:
__________________________________ Date: __________________________ Kimberly Hall Barlow
City Attorney
APPROVED AS TO INSURANCE:
__________________________________ Date: __________________________ Ruth Wang
Risk Management
PURCHASING APPROVAL:
__________________________________ Date: __________________________ Carol Molina
Finance Director
3 Everett Dorey LLC
Amendment One
REVISED EXHIBIT “C”
FEE SCHEDULE
A. Hourly rates for legal personnel
$365 Partners
$315 Associates
$140 Paralegals
B. Standard charges
Time to be charged in minimum increments of .1 hours (6 minutes).
Everett Dorey will charge the City for the services provided pursuant to the Agreement based on the amount of time (including travel) we devote to the matter at the hourly rates for the particular professionals involved.
C. Costs/Expenses
Everett Dorey will incur on the City's behalf various costs and expenses in performing legal services under the Agreement. The City agrees to pay for those costs and expenses, in addition to the hourly fees. Cos ts and expenses incurred on the City’s behalf may include but are not limited to:
Process server fees At cost
Filing fees or other fees fixed by law
or assessed by public agencies At cost
Meals At cost
Parking At cost
Travel expenses, including lodging, air
fare, taxis, public transportation, car
rental, and meals At cost
Deposition costs At cost
Experts, consultants, or investigators At cost
Mileage At the Internal Revenue Service’s business mileage rei mbursement
guidelines
Messenger and other delivery fees At cost
D. Outside Consultants/Other Vendors
In addition to the costs of the type set forth above, it may become necessary to hire persons or entities outside Everett Dorey, including but not limited to consultants, experts, investigators, co- counsel, or other professionals. We will select any consul tants or investigators to be hired after notice to and consultation with, and approval of, the City and the City Attorney and the City agrees to honor the terms and conditions of any agreement that we enter into on the City's behalf with any such outside person or entity. to honor the terms and conditions of any agreement that we enter into on the City's behalf with any such outside person or entity.