SECOND AMENDMENT
TO
ATTORNEY SERVICES AGREEMENT
THIS SECOND AMENDMENT TO ATTORNEY SERVICES AGREEMENT (the “Second Amendment”) is made and entered into as of ___________ _______, 2023, by and between the CITY OF ORANGE, a municipal corporation (“City”), and RING BENDER LLP (“Law Firm”), with reference to the following:
A. City and Law Firm entered into an Attorney Services Agreement (Agreement No. 7409) dated August 31, 2022 , which is incorporated herein by this reference (the “Original Agreement”); and
B. City and Law Firm amended the Original Agreement to include the provision of specialized legal advice and services relative to state land use and housing laws by a First Amendment to Attorney Services Agreement (Agreement No. 7409.1) dated February 14, 2023 , which is incorporated herein by this reference (the “First Amendment”); and
C. 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 agree that all references in this Second Amendment are deemed and construed to refer to the Original Agreement, as implemented by t his 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 TWENTY THOUSAND DOLLARS and 00/100 ($20,000.00) 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 Exhibit “A,” attached and incorporated herein by this reference. Total payments for services performed pursuant to this Agreement shall not exceed FIFTY THOUSAND DOLLARS and 00/100 ($50,000.00) without prior written approval of City Council. A condition precedent to any payment to Law Firm shall be that Law Firm submit a statement which clearly sets forth, by dates, the designated items of work, the work time of each item and amount charged for said work time.”
2 Section 4. Integration. This Second 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 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 Second Amendment, the parties enter into this Second Amendment on the year and day first above written.
“LAW FIRM” “CITY”
RING BENDER LLP CITY OF ORANGE, a municipal corporation
By: By:
Christine Hein, Managing Partner Daniel R. Slater, Mayor [email protected]
ATTEST:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Mary E. Binning, City Attorney
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