FOURTH AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS FOURTH AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Fourth Amendment”) is made and entered into as of ________________, 20 22, by and between the CITY OF ORANGE, a municipal corporation (“City”), and the LAW OFFICE OF LIEBERT CASSIDY WHITMORE (herein referred to as the “Law Firm”), with reference to the following:
A. City and Law Firm entered into that certain Attorney Services Agreement (Agreement No. 1042.U) dated July 22, 2015, which is incorpora ted herein by this reference (the “Original Agreement”);
B. City and Law Firm amended the Original Agreement to increase the compensation by a First Amendment to Attorney Services Agreement (Agreement No. 1042.U.1) dated March 13, 2018 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. 1042.U.2) dated August 14, 2018 which is incorporated herein by this reference (the “Second Amendment”) and
D. City and Law Firm amended the Original Agreement to revise the fee schedule by a Third Amendment to Attorney Services Agreement (Agreement No. 1042.U.3) dated August 14, 2019 which is incorporated herein by this reference (the “Third Amendment”); and
E. City and Law Firm desire to further amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement to increase 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 hereby agree that all references in the Agreement or this Fourth Amendment to the “Agreement” are deemed and construed to refer to the Agreement, as implemented by this Fourth Amendment.
Section 3. Compensation. The total not -to-exceed compensation fo r the services to be rendered as set forth in Section II Payment – A of the last Agreement is increased by HUNDRED THOUSAND DOLLARS and 00/100 ($100,000.00) and Section II Payment - A is hereby amended in its entirety to read as follows:
“Total payments for services performed pursuant to this Agreement shall not exceed TWO HUNDRED FIFTY-FIVE THOUSAND DOLLARS and
00/100 ($255,000.00) without prior approval of City Council of City.” 2 Section 4. Integration. This Fourth Amendment amends, as set forth herei n, the Original Agreement, the First, Second and Third Amendments, and, except as specifically amended hereby, the Original Agreement and all a mendments shall remain in full force and effect. To the extent that there is any conflict or inconsistency bet ween the terms and provisions of this Fourth Amendment and the terms and provisions of the Original Agreement and/or the a mendments, the terms and provisions of this Fourth Amendment shall control and govern the rights and obligations of the parties.
IN WITNESS of this Agreement, the parties enter into this Fourth Amendment on the year and day first above written.
“LAW FIRM” “CITY”
LIEBERT CASSIDY WHITMORE CITY OF ORANGE, a municipal corporation
*By: By:
Printed Name: Mark A. Murphy, Mayor
Title:
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Gary A. Sheatz, City Attorney
*NOTE: The City requires the following signature(s) on behalf of the Law Firm:
-- (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 off icer 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 Se cretary close in time to the execution of the Agreement, must be provided to the City.