BB&K Professional Services Agreement Amendment No. 3_08.2026 — Lancaster City Council, August 25, 2026

Rev 1/2019
AGREEMENT NO. 3 FOR PROFESSIONAL CONSULTING SERVICES
This Amendment (“Amendment No. 3”) is hereby entered into effective August 14, 2026 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Best, best & Krieger LLP, a limited partnership (“CONTRACTOR”) with respect to Amendment No. 2 dated October 10, 2023, Amendment No. 1 dated August 14, 2023 and Exhibit “B” of the Agreement for Services between the parties dated May 14, 2020 (“Agreement”).

The Parties agree as follows:

1. The term of the Agreement is extended to and including October 31, 2026.

2. The Scope of Work – Payment referenced in Amendment No. 2 is updated to reflect a total not-to-exceed amount of $820,000 for the life of the contract.

3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER BEST BEST & KRIEGER ATTORNEYS AT LAW
______________________ _______________________________
Trolis Niebla, City Manager Elizabeth Wagner Hull, Partner ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head
Rev 1/2019
AGREEMENT NO. 2 FOR PROFESSIONAL CONSULTING SERVICES

This Amendment (“Amendment No. 2”) is hereby entered into effective October 10, 2023 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Best, best & Krieger LLP, a limited partnership (“CONTRACTOR”) with respect to Amendment No. 1 dated August 14, 2023 an d Exhibit “B” of the Agreement for Services between the parties dated May 14, 2020 (“Agreement”).

The Parties agree as follows:

1. Description of Work in the Original Agreement is replaced in its entirety and attached hereto as Exhibit “A”.

2. Exhibit “A” in Amendment No. 1 is hereby deleted in its entirety and replaced with “Scope of Services,” attached hereto as Exhibit “A”.

3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER BEST BEST & KRIEGER ATTORNEYS AT LAW

______________________ _______________________________ Jason Caudle, City Manager Elizabeth Wagner Hull, Partner

ATTEST:

City Clerk
APPROVED AS TO FORM:

City Attorney
CONTRACT SUBMISSION APPROVAL:

Department Head

DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Risk Management ApprovalX

Rev 1/2019
Exhibit A
Scope of Services
Description of Work
This agreement will encompass originally scoped services:

ECONOMIC DEVELOPMENT, REAL ESTATE AND AFFORDABLE HOUSING ATTORNEY

SERVICES
It will now also include the following: land use, planning and California Environmental Quality Act (CEQA) legal services, hydrogen related research and services, and other miscellaneous legal services as needed.

Payment
The City of Lancaster shall reimburse the CONTRACTOR for the performance of the work, in an amount not to exceed $250,000 per year, with a total to not exceed $750,000 for the entire term of the agreement.
• Economic Development, Real Estate and Affordable Housing attorney services as needed:
$100,000/year
• Land Use, Planning, and CEQA legal services as needed and regular ongoing services to the City's Planning Commission: $125,000/year
o Scope details attached hereto as Exhibit “B”
• Misc. Legal Services including but not limited to: Hydrogen and Assessment District Research and Services: $25,000/year
Term
No Change
Time for Commencement and Completion
No Change
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Best Best & Krieger LLP | 18101 Von Karman Avenue, Suite 1000, Irvine, California 92612 Phone: (949) 263-2600 | Fax: (949) 260-0972 | BBKLAW.COM 55707.00004\41329084.1
Elizabeth Wagner Hull
Partner
(949) 263-2608
[email protected]
May 19, 2023
VIA E-MAIL ([email protected])
Larissa De La Cruz
Director of Community Development, City of Lancaster
44933 Fern Avenue
Lancaster, CA 93534
Re: Engagement Letter with Best Best & Krieger LLP
Dear Ms. De La Cruz:

ABOUT OUR REPRESENTATION
Best Best & Krieger LLP is pleased to represent City of Lancaster (“City”). Specifically, we will create a letter proposal that describes our ability to handle land use, planning and California Environmental Quality Act work. This letter constitutes our agreement setting the terms of our representation. If you want us to represent you and agree to the terms set forth in this letter, after you review the letter please sign it and return the signed copy to us.

We understand and agree that this Engagement Agreement is subject to a “not to exceed” limit of $125,000 in legal services and costs. We will monitor the total fees/costs incurred on this matter, and notify you when the City reaches $100,000 in legal services and costs. Services and costs over and above the not-to-exceed total will only be undertaken with your written permission.

CONFIDENTIALITY AND ABSENCE OF CONFLICTS
An attorney-client relationship requires mutual trust between the client and the attorney. It is understood that communications exclusively between counsel and the client are confidential and protected by the attorney-client privilege.

To also assure mutuality of trust, we have maintained a conflict of interest index. The California Rules of Professional Conduct defines whether a past or present relationship with any party prevents us from representing City of Lancaster. Similarly, City of Lancaster will be included in our list of clients to ensure we comply with the Rules of Professional Conduct with respect to City of Lancaster.

We have checked the following names against our client index: City of Lancaster. Based on that check, we can represent you. Please review the list to see if any other persons or entities should be included. If you do not tell us to the contrary, we will assume that this list is complete and accurate. We request that you update this list for us if there are any changes in the future.

DocuSign Envelope ID: CB3415BA-1668-4C94-8BC8-96CB2AE0024B DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B 55707.00004\41329084.1
Larissa De La Cruz
May 19, 2023

Page 2 ends

Best Best & Krieger LLP

YOUR OBLIGATIONS ABOUT FEES AND BILLINGS
We have already discussed with you the fee arrangement. My current billing rate is $340 per hour.

Other attorneys may be called upon from time to time to work on matters as particular needs arise and will be billed at current individual rates depending upon the area of expertise.

Hourly rates for those attorneys fall within the following ranges for new work: Partners and Of Counsel will be billed at $340 per hour; Associates will be billed at $270 per hour, and Paralegals and Clerks will be billed at $175 per hour. These ranges cover both our public and private rates.

Our rates are reviewed annually and may be increased from time to time with advance written notice to the client.

The billing policies are described in the memorandum attached to this letter, entitled “Best Best & Krieger LLP’s Billing Policies.” You should consider the Billing Policies memorandum part of this agreement as it binds both of us. For that reason, you should read it carefully.

INSURANCE
We understand that you are not now insured or have any insurance that may cover potential liability or attorneys’ fees in this case. If you think you may have such insurance, please notify me immediately.

We are also pleased to let you know that Best Best & Krieger LLP carries errors and omissions insurance with Lloyd’s of London. After a standard deductible, this insurance provides coverage beyond what is required by the State of California.

NEW MATTERS
When we are engaged by a new client on a particular matter, we are often later asked to work on additional matters. You should know that such new matters will be the subject of a new signed supplement to this agreement. Similarly, this agreement does not cover and is not a commitment by either of us that we will undertake any appeals or collection procedures. Any such future work would also have to be agreed upon in a signed supplement.

CIVILITY IN LITIGATION
In litigation, courtesy is customarily honored with opposing counsel, such as extensions to file pleadings or responses to other deadlines. In our experience, the reciprocal extension of such courtesies saves our clients’ time and money. By signing this letter you will be confirming your approval of this practice in your case.

DocuSign Envelope ID: CB3415BA-1668-4C94-8BC8-96CB2AE0024B DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B 55707.00004\41329084.1
Larissa De La Cruz
May 19, 2023

Page 3 ends

Best Best & Krieger LLP

HOW THIS AGREEMENT MAY BE TERMINATED
You, of course, have the right to end our services at any time. If you do so, you will be responsible for the payment of fees and costs accrued but not yet paid, plus reasonable fees and costs in transferring the case to you or your new counsel. By the same token, we reserve the right to terminate our services to you upon written notice, order of the court, or in accordance with our attached Billing Policies memorandum. This could happen if you fail to pay our fees and costs as agreed, fail to cooperate with us in this matter, or if we determine we cannot continue to represent you for ethical or practical concerns.

CLIENT FILE
If you do not request the return of your file, we will retain your file for five years. After five years, we may have your file destroyed. If you would like your file maintained for more than five years or returned, you must make separate arrangements with us.

THANK YOU
On a personal note, we are pleased that you have selected Best Best & Krieger LLP to represent you. We look forward to a long and valued relationship with you and appreciate your confidence in selecting us to represent you in this case. If you have any questions at any time about our services or billings, please do not hesitate to call me.

If this letter meets with your approval, please sign and date it, and return the original to us.

Unless you sign, date and return by May 19, 2023, we will not represent you in any capacity, and we will assume that you have made other arrangements for legal representation. We have enclosed a separate signed copy of this letter for your records.

Very truly yours,
Elizabeth Wagner Hull
of BEST BEST & KRIEGER LLP
EWH:hjb
AGREED AND ACCEPTED:

By:

Dated:

DocuSign Envelope ID: CB3415BA-1668-4C94-8BC8-96CB2AE0024B May 22, 2023 | 8:51:24 AM PDT
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B 55707.00004\41329084.1
BEST BEST & KRIEGER LLP’S BILLING POLICIES
Our century of experience has shown that the
attorney-client relationship works best when there is mutual understanding about fees, expenses, billing and payment terms. Therefore, this statement is intended to explain our billing policies and procedures. Clients are encouraged to discuss with us any questions they have about these policies and procedures. Clients may direct specific questions about a bill to the attorney with whom the client works or to our Accounts Receivable Department
([email protected]). Any specific billing arrangements different from those set forth below will be confirmed in a separate written agreement between the client and the firm.

INVOICE AND PAYMENT OPTIONS
Best Best & Krieger strives to meet our clients’
needs in terms of providing a wide variety of invoice types, delivery and payment options. Please indicate those needs including the preferred method of invoice delivery (Invoice via Email; or USPS). In addition,
[email protected] can provide a W-9 upon
request and discuss various accepted payment methods.

FEES FOR PROFESSIONAL SERVICES
Unless a flat fee is set forth in our engagement letter with a client, our fees for the legal work we will undertake will be based in substantial part on time spent by personnel in our office on that client’s behalf. In special circumstances which will be discussed with the client and agreed upon in writing, fees will be based upon the novelty or difficulty of the matter, or the time or other special limitations imposed by the client.

Hourly rates are set to reflect the skill and
experience of the attorney or other legal personnel rendering services on the client’s behalf. All legal services are billed in one-tenth of an hour (0.10/hour) or six-minute
increments. Our attorneys are currently billed at rates from $235 to $895 per hour, and our administrative assistants, research assistants, municipal analysts, litigation analysts, paralegals, paraprofessionals and law clerks are billed at rates from $175 to $300 per hour for new work. These rates reflect the ranges in both our public and our private rates.

These hourly rates are reviewed annually to accommodate rising firm costs and to reflect changes in attorney status as lawyers attain new levels of legal experience. Any increases resulting from such reviews will be instituted automatically and will apply to each affected client, after advance notice.

Non-Attorney Personnel: BBK may employ the
services of non-attorney personnel under the supervision of a BBK attorney in order to perform services called for in the legal services agreement. The most common non-attorney personnel utilized are paralegals. Other types of non- attorney personnel include, but are not limited to, case clerks, litigation analysts, and specialty consultants. The client agrees that BBK may use such non-attorney personnel to perform its services when it is reasonably necessary in the judgment of the responsible BBK attorney. Hourly fees for non-attorney personnel will be charged at the rate then in effect for such personnel. A copy of BBK’s current rates and titles for non-attorney personnel will be provided upon request.

FEES FOR ELECTRONICALLY STORED
INFORMATION (“ESI”) SUPPORT AND STORAGE
BBK provides Electronically Stored Information
(“ESI”) services for matters requiring ESI support –
typically litigation or threatened litigation matters. BBK provides services for basic ESI processing and storage at the following rates per month based on the number of gigabytes of data (“GB”) processed and stored:
1GB -250GB: $10 per GB
251GB - 550GB: $8 per GB
551GB - 750GB: $6 per GB
751GB - 1TB: $4 per GB
The amount BBK charges for basic processing and
storage of ESI allows BBK to recover the costs of providing such services, plus a net profit for BBK. BBK believes that the rates it charges for processing and storage are lower than comparable services available from third party vendors in the market. If you wish to contract separately with a third party vendor for processing and storage costs, please notify BBK in writing. BBK also provides advanced ESI
processing services at hourly rates for personnel in its Litigation Support Group. A copy of BBK’s current rates for such services will be provided upon request. BBK shall not incur costs for ESI support on a particular matter without first confirming by email or written correspondence with the client that the client agrees such services are necessary for the matter at hand.

FEES FOR OTHER SERVICES, COSTS AND

EXPENSES
We attempt to serve all our clients with the most
effective support systems available. Therefore, in addition to fees for professional legal services, we also charge separately for some other services and expenses to the extent of their use by individual clients. These charges include but are not limited to, mileage at the current IRS approved rate DocuSign Envelope ID: CB3415BA-1668-4C94-8BC8-96CB2AE0024B DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B 55707.00004\41329084.1
per mile, extraordinary telephone and document delivery charges, copying charges, computerized research, court
filing fees and other court-related expenditures including court reporter and transcription fees. No separate charge is made for secretarial or word processing services; those costs are included within the above hourly rates.

We may need to advance costs and incur expenses
on your behalf on an ongoing basis. These items are
separate and apart from attorneys’ fees and, as they are out- of-pocket charges, we need to have sufficient funds on hand from you to pay them when due. We will advise the client from time to time when we expect items of significant cost to be incurred, and it is required that the client send us advances to cover those costs before they are due.

ADVANCE DEPOSIT TOWARD FEES AND COSTS
Because new client matters involve both a
substantial undertaking by our firm and the establishment of client credit with our accounting office, we require an advance payment from clients. The amount of this advance deposit is determined on a case-by-case basis discussed first with the client, and is specified in our engagement letter.

Upon receipt, the advance deposit will be deposited
into the firm’s client trust account. Our monthly billings will reflect such applications of the advance deposit to costs and not to attorney’s fees (unless otherwise noted in our accompanying engagement letter). At the end of
engagement, we will apply any remaining balance first to costs and then to fees. We also reserve the right to require increases or renewals of these advanced deposits.

By signing the initial engagement letter, each client
is agreeing that trust account balances may be withdrawn and applied to costs as they are incurred and to our billings, when we issue our invoice to the client. If we succeed in resolving your matter before the amounts deposited are
used, any balance will be promptly refunded.

MONTHLY INVOICES AND PAYMENT
Best Best & Krieger LLP provides our clients with
monthly invoices for legal services performed and expenses incurred. Invoices are due and payable upon receipt.

Each monthly invoice reflects both professional and
other fees for services rendered through the end of the prior month, as well as expenses incurred on the client’s behalf that have been processed by the end of the prior month.

Processing of some expenses is delayed until the next month and billed thereafter.

Our fees are not contingent upon any aspect of the
matter and are due upon receipt. All billings are due and payable within ten days of presentation unless the full amount is covered by the balance of an advance held in our trust account.

It is our policy to treat every question about a bill
promptly and fairly. It is also our policy that if a client does not pay an invoice within 60 days of mailing, we assume the client is, for whatever reason, refusing to pay. We reserve the right to terminate our engagement and withdraw as
attorney of record whenever our invoices are not paid. If an invoice is 60 days late, however, we may advise the client by letter that the client must pay the invoice within 14 days or the firm will take appropriate steps to withdraw as
attorney of record. If the delay is caused by a problem in the invoice, we must rely upon the client to raise that with us during the 14-day period. This same policy applies to fee arrangements which require the client to replenish fee
deposits or make deposits for anticipated costs.

From time to time clients have questions about the
format of the bill or description of work performed. If you have any such questions, please ask them when you
receive the bill so we may address them on a current
basis.

CHANGES IN FEE ARRANGEMENTS AND BUDGETS
It may be necessary under certain circumstances for
a client to increase the size of required advances for fees after the commencement of our engagement and depending
upon the scope of the work. For example, prior to a
protracted trial or hearing, the firm may require a further advance payment to the firm’s trust account sufficient to cover expected fees. Any such changes in fee arrangements will be discussed with the client and mutually agreed in writing.

Because of the uncertainties involved, any estimates
of anticipated fees that we provide at the request of a client for budgeting purposes, or otherwise, can only be an
approximation of potential fees.

BEST BEST & KRIEGER LLP
DocuSign Envelope ID: CB3415BA-1668-4C94-8BC8-96CB2AE0024B DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

STAFF REPORT
City of Lancaster
CC 6
10/10/2023
JC
Date:October 10, 2023
To: Mayor Parris and City Council Members
From:Larissa De La Cruz, Director- Community Development Patti Garibay, Assistant Director - Community Development

Subject:Approve Amendment No. 2 to Professional Services Agreement with Best, Best and Krieger Attorneys at Law
Recommendations:

1. Approve Amendment No. 2 to Professional Services Agreement with Best, Best and Krieger Attorneys at Law to add the following: land use, planning and California Environmental Quality Act (CEQA) legal services, hydrogen related research and services, and other miscellaneous legal services as needed.

2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the agreement.

Fiscal Impact:

Increase to the contract of up to $150,000 annually with general funds in 10121000 5710 and other accounts to be determined as needed. This increases the entire term of the agreement of three years to not exceed $750,000.

Background:

The City has been utilizing Best, Best, & Krieger LLP (BB&K) for legal services in the Housing division since May 2020. BB&K will now also provide as-needed legal services including but not limited to planning, land use, CEQA work, hydrogen and other misc. legal tasks needed to assist City staff. BB&K will also provide regular ongoing services to the City's Planning Commission.

Because of their extensive expertise in these areas, as well as their familiarity with several key projects currently underway in the Community Development Department, staff proposes to approve this amendment for these services.

NJ/hb
Attachment:

BB&K Professional Services Agreement Amendment No.2_10.2023 DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD

DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

UMBRELLA LIABEXCESS LIABWORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE$DAMAGE TO RENTEDCLAIMS-MADEOCCUR $PREMISES (Ea occurrence)MED EXP (Any one person)$PERSONAL & ADV INJURY$GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$PRO-POLICYLOC PRODUCTS - COMP/OP AGG$JECTOTHER: $COMBINED SINGLE LIMIT$(Ea accident)ANY AUTO BODILY INJURY (Per person)$OWNEDSCHEDULEDBODILY INJURY (Per accident)$AUTOS ONLYAUTOSHIREDNON-OWNEDPROPERTY DAMAGE$AUTOS ONLYAUTOS ONLY(Per accident)$OCCUR EACH OCCURRENCE$CLAIMS-MADEAGGREGATE$DEDRETENTION$ $PEROTH-STATUTEERE.L. EACH ACCIDENT$E.L. DISEASE - EA EMPLOYEE$If yes, describe underE.L. DISEASE - POLICY LIMIT$DESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGENAIC #

COMMERCIAL GENERAL LIABILITY
Y / NN / A(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIODINDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.

CA License #0F15767
Los Angeles CA 90017
(213) 689-0065
Best Best & Krieger LLP
3390 University Ave, 5th Floor
Riverside CA 92501
BESBE01
Federal Insurance Company 20281
Vigilant Insurance Company 20397
X
X
X Deductible: $0
1,000,000
1,000,000
10,000
1,000,000
2,000,000
Included
X X
1,000,000

XXXXXXX

XXXXXXX
X X
$0
15,000,000
15,000,000

XXXXXXX
Y
X
1,000,000
1,000,000
1,000,000
A 73555244 4/30/2023 4/30/2024
B 35894252 4/30/2023 4/30/2024
A 79868975 4/30/2023 4/30/2024
A 71750505 4/30/2023 4/30/2024
4/30/2024
1312916
Y N
Y N
N N
Y
4/26/2023
16724174
16724174 XXXXXXX
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties are Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language.

X
See Attachments
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability InsuranceEndorsementPolicy Period4/30/2023 to 4/30/2024 Effective Date4/30/2023 Policy Number35894252 InsuredBest Best & Krieger LLP Name of CompanyFederal Insurance Company Date Issued4/30/2023This Endorsement applies to the following forms: GENERAL LIABILITYUnder Who An Insured, the following provision is added.Who Is An InsuredAdditional Insured-Persons or organizations shown in the Schedule are insureds; but they are insured you areScheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded byOr Organizationthis policy. However, the person or organization is an insured only: if and then only to the extent the person or organization is described in the Schedule: to the extent such contract or agreement requires the person or organization to be afforded status as an insured: for activities that did not occur, in whole or in part, before the execution of the contract or agreement; andwith respect to damage, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision:that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto).With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance -If you are obligated, pursuant to a contract or agreement, to provide the person or organizationPrimary, shown in the Schedule with primary insurance such as is afforded by this policy, then in such caseNoncontributorythis insurance is primary and we will not seek contribution from insurance available to such personInsurance -or organization. Scheduled Person Or OrganizationPage 1 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability Endorsement(continued)SchedulePERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANTTO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSONOR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS ISAFFORDED BY THIS POLICY; BUT THEY ARE "INSUREDS" ONLY IF ANDTO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENTREQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS ASAN "INSURED".HOWEVER, NO PERSON OR ORGANIZATION IS AN "INSURED" UNDERTHIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANYOTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THISPOLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).All other terms and conditions remain unchanged.

Additional Insured - Scheduled Person Or OrganizationForm 80-02-2367 (rev. 5-07) Page 2 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B POLICY NUMBER 73555244 COMMERCIAL AUTOMOBILETHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThis endorsement modifies insurance provided under the following:D. Persons And Organizations As InsuredsUnder A Written Insured ContractParagraph A.1 --- - WHO IS AN INSURED --- - ofSECTION II --- - LIABILITY COVERAGE isamended to add the following:f. Any person or organization with respect tothe operation, maintenance or use of acovered "auto", provided that you andsuch person or organization have agreedunder an express provision in a written"insured contract", written agreement or awritten permit issued to you by agovernmental or public authority to addsuch person or organization to this policyas an "insured".However, such person or organization isan "insured" only:(1) with respect to the operation,maintenance or use of a covered"auto"; and(2) for "bodily injury" or "property damage"caused by an "accident" which takesplace after:(a) You executed the "insuredcontract" or written agreement; or(b) The permit has been issued toyou.

Form: 16-02-0292 (Rev. 4-11) Page 1 of 3"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Attachment Code: D523049
Certificate ID: 16724174
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICYWC 124(4 -84)WC 00 03 13WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTThis endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.)This endorsement, effective on 4/30/2023 at 12:01 A.M. standard time, forms a part of Policy No. 71750505 of the FEDERAL INSURANCE COMPANY issued to Best Best & Krieger LLPWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule JOB DESCRIPTION: ALL OPERATIONS BLANKET WAIVER – ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.

Attachment Code: D466017 Certificate ID: 16724174
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Policy ConditionsEndorsementPolicy Period 4/30/2023 TO 4/30/2024 Effective Date 4/30/2023Policy Number 35894252 Insured Best Best & Krieger LLPName of Company Vigilant Insurance CompanyDate Issued 4/30/2023 This Endorsement applies to the following forms:COMMON POLICY CONDITIONSConditionsNotice Of CancellationTo Scheduled PersonsOr Organizations WhenWe CancelUnder Conditions, the following condition is added.When we cancel this policy for any reason, other than non-payment of premium, we will notify person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellationdate.Any failure by us to notify such person(s) or organization(s) will not:impose any liability or obligation of any kind upon us; orinvalidate such cancellation.Schedule All other terms and conditions remain unchanged. Notice Of Cancellation To Scheduled Persons Or organizations (Except Non-Payment Of Premium)Form 80-02-9779 (Ed. 3-11) Endorsemen Person(s) or Organization(s):City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 Attachment Code: D469838 Certificate ID: 16724174
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $
$
$PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/8/2023
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
WS Certificates
844-972-6326
[email protected]
Lloyds of London
BESTBES-01
Best Best & Krieger, LLP
3390 University Avenue, 5th Floor
Riverside, CA 92501
219547044
A
Professional Liability
B0146LDUSA2300774
9/1/2023
9/1/2024
Professional Liability (Lawyers Professional Liability coverage) * Limit of Liability: $5,000,000
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT

This Amendment (“Amendment No. 1”) is hereby entered into effective August 14, 2023 by and between the City of Lancaster, a Municipal Corporation, in the State of California, and Best, best & Krieger LLP, a limited partnership (“CONTRACTOR”) with respect to Exhibit “ B” of the Agreement for Services between the parties dated May 14, 2020 (“Agreement”).

The Parties agree as follows:

1. The term of the Agreement is extended to and including August 14, 2026.

2. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with “Term, Payment and Time for Commencement and Completion Clause Update ,” attached hereto as Exhibit “A”.

3. All other terms and provisions of the Agreement and subsequent amendments are hereby reaffirmed.

CITY OF LANCASTER CONTRACTOR
Best, Best & Krieger

____________________________ __________________________ Jason Caudle, City Manager Elizabeth Wagner Hull, Partner

ATTEST:

____________________________
Andrea Alexander, City Clerk

____________________________
City Attorney

DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA Risk Management ApprovalX
Kathleen Stenback, Acting City Clerk
DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B EXHIBIT “A”

EXHIBIT A - TERM, PAYMENT AND TIME FOR COMMENCEMENT AND

COMPLETION CLAUSE UPDATE
Term
This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the CONTRACTOR. This Amendment shall continue in full force and effect for a period of t hree (3) additional years from the effective date of the Agreement (the “Term”), unless the Agreement is sooner terminated in accordance with the Terms and Conditions in the Original Agreement dated February 2, 2021; provided, however, that the City and the CONTRACTOR may mutually agree in writing to extend the Term of this Agreement for one (1) additional two-year period.

Payment
The City of Lancaster shall reimburse the CONTRACTOR for the performance of the work, in an amount not to exceed $100,000.00 per year, with a total of $ 300,000.00 for the length of the agreement.

Time for Commencement and Completion
CONTRACTOR shall commence performance of the work no later than three (3) calendar days following issuance of Notice to Proceed.

DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

STAFF REPORT
City of Lancaster
CC 8
8/08/2023
JC
Date: August 8, 2023
To: Mayor Parris and City Council Members
From: Larissa De La Cruz, Director – Community Development Department Chenin Dow, Assistant Director – Housing & Economic Development Christopher Aune, Manager – Housing Manager
Subject:Amendment to Extend Professional Services Agreement with Best, Best & Krieger LLP for an Additional Three Years
Recommendations:

1. Approve the Amendment to the Professional Services Agreement with Best, Best & Krieger LLP (BBK) for an additional three (3) years.

2. Authorize the City Manager, or his designee, to finalize and execute all documents related to the amendment.

Fiscal Impact:

Up to $100,000.000 annually in affordable housing funds for the three-year life of the amendment, for a total not to exceed $300,000.00.

Background:

The City has been utilizing Best, Best & Krieger LLP for legal services since May 2020. BBK is engaged to provide as-needed affordable housing advice including but not limited to real estate, affordable housing financing, negotiating and memorializing housing transactions and related housing planning, land use, and CEQA work. Additionally, BBK provides as-needed transactional economic development, real estate, and financing work.

DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B 1 3
3 9
Because of BBK’s extensive expertise in these areas, as well as their familiarity with several key projects currently underway in the Housing section, staff proposes to extend their existing professional services agreement for an additional three (3) years. This will allow them to complete the remainder of their currently pending projects and continue to advise Housing staff regarding upcoming programs and developments.

CA/sm

Attachments:

Exhibit A – Amendment No.1
Exhibit B – Original Professional Services Agreement
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD

DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE HOLDERCANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03)

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.

XXXXXXX

XXXXXXX
X X
$0
15,000,000
15,000,000

XXXXXXX
Y
X
1,000,000
1,000,000
1,000,000
A 73555244 4/30/2023 4/30/2024
B 35894252 4/30/2023 4/30/2024
A 79868975 4/30/2023 4/30/2024
A 71750505 4/30/2023 4/30/2024
4/30/2024
1312916
Y N
Y N
N N
Y
4/26/2023
16724174
16724174 XXXXXXX
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
Economic Development, Real Estate and Affordable Housing Attorney Services, The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties are Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier but only insofar as the operations under this contract are concerned. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language.

X
See Attachments
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03)
30 Days Notice of Cancellation applies per attached endorsement(s). General Liability coverage is extended on a per project/per location basis.

Certificate Holder ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability InsuranceEndorsementPolicy Period4/30/2023 to 4/30/2024 Effective Date4/30/2023 Policy Number35894252 InsuredBest Best & Krieger LLP Name of CompanyFederal Insurance Company Date Issued4/30/2023This Endorsement applies to the following forms: GENERAL LIABILITYUnder Who An Insured, the following provision is added.Who Is An InsuredAdditional Insured-Persons or organizations shown in the Schedule are insureds; but they are insured you areScheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded byOr Organizationthis policy. However, the person or organization is an insured only: if and then only to the extent the person or organization is described in the Schedule: to the extent such contract or agreement requires the person or organization to be afforded status as an insured: for activities that did not occur, in whole or in part, before the execution of the contract or agreement; andwith respect to damage, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision:that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto).With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance -If you are obligated, pursuant to a contract or agreement, to provide the person or organizationPrimary, shown in the Schedule with primary insurance such as is afforded by this policy, then in such caseNoncontributorythis insurance is primary and we will not seek contribution from insurance available to such personInsurance -or organization. Scheduled Person Or OrganizationPage 1 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability Endorsement(continued)SchedulePERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANTTO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSONOR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS ISAFFORDED BY THIS POLICY; BUT THEY ARE "INSUREDS" ONLY IF ANDTO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENTREQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS ASAN "INSURED".HOWEVER, NO PERSON OR ORGANIZATION IS AN "INSURED" UNDERTHIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANYOTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THISPOLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).All other terms and conditions remain unchanged.

Additional Insured - Scheduled Person Or OrganizationForm 80-02-2367 (rev. 5-07) Page 2 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B POLICY NUMBER 73555244 COMMERCIAL AUTOMOBILETHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThis endorsement modifies insurance provided under the following:D. Persons And Organizations As InsuredsUnder A Written Insured ContractParagraph A.1 --- - WHO IS AN INSURED --- - ofSECTION II --- - LIABILITY COVERAGE isamended to add the following:f. Any person or organization with respect tothe operation, maintenance or use of acovered "auto", provided that you andsuch person or organization have agreedunder an express provision in a written"insured contract", written agreement or awritten permit issued to you by agovernmental or public authority to addsuch person or organization to this policyas an "insured".However, such person or organization isan "insured" only:(1) with respect to the operation,maintenance or use of a covered"auto"; and(2) for "bodily injury" or "property damage"caused by an "accident" which takesplace after:(a) You executed the "insuredcontract" or written agreement; or(b) The permit has been issued toyou.

Form: 16-02-0292 (Rev. 4-11) Page 1 of 3"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Attachment Code: D523049
Certificate ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICYWC 124(4 -84)WC 00 03 13WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTThis endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.)This endorsement, effective on 4/30/2023 at 12:01 A.M. standard time, forms a part of Policy No. 71750505 of the FEDERAL INSURANCE COMPANY issued to Best Best & Krieger LLPWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule JOB DESCRIPTION: ALL OPERATIONS BLANKET WAIVER – ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.

Attachment Code: D466017 Certificate ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Policy ConditionsEndorsementPolicy Period 4/30/2023 TO 4/30/2024 Effective Date 4/30/2023Policy Number 35894252 Insured Best Best & Krieger LLPName of Company Vigilant Insurance CompanyDate Issued 4/30/2023 This Endorsement applies to the following forms:COMMON POLICY CONDITIONSConditionsNotice Of CancellationTo Scheduled PersonsOr Organizations WhenWe CancelUnder Conditions, the following condition is added.When we cancel this policy for any reason, other than non-payment of premium, we will notify person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellationdate.Any failure by us to notify such person(s) or organization(s) will not:impose any liability or obligation of any kind upon us; orinvalidate such cancellation.Schedule All other terms and conditions remain unchanged. Notice Of Cancellation To Scheduled Persons Or organizations (Except Non-Payment Of Premium)Form 80-02-9779 (Ed. 3-11) Endorsemen Person(s) or Organization(s):City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 Attachment Code: D469838 Certificate ID: 16724174
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
9/8/2023
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
WS Certificates
844-972-6326
[email protected]
Lloyds of London
BESTBES-01
Best Best & Krieger, LLP
3390 University Avenue, 5th Floor
Riverside, CA 92501
219547044
A
Professional Liability
B0146LDUSA2300774
9/1/2023
9/1/2024
Professional Liability (Lawyers Professional Liability coverage) * Limit of Liability: $5,000,000
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

- 1 -

Professional Services Agreement; December 2018

AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this _____ day of _____________, 2020. by and between the CITY OF LANCASTER, a municipal corporation and charter city , (“City”), and BEST BEST & KRIEGER LLP, a limited partnership (“Consultant”) (collectively, sometimes referred to hereinafter as the “Parties”).

RECITALS

WHEREAS, the City desires to engage Consultant to perform certain technical and professional services, as provided herein, identified as:

ECONOMIC DEVELOPMENT, REAL ESTATE AND
AFFORDABLE HOUSING ATTORNEY SERVICES (THE “SERVICES”)

WHEREAS, the principal members of Consultant are qualified and duly registered/licensed under the laws of the State of California, and Consultant desires to accept such engagement;

NOW, THEREFORE, the parties agree as follows:

1. Parties to the Agreement.

The parties to this Agreement are:

A. CITY: City of Lancaster

B. CONSULTANT: Best Best & Krieger LLP

2. Notices. All written notices require d by or related to this Agreement shall be sent by Certified Mail, Return Receipt Requested, postage prepaid and addressed as listed below. Neither party to this Agreement shall refuse to accept such mail; parties to this Agreement shall promptly inform the other party of any changes of address. All notices required by this Agreement are effective on the day of receipt, unless otherwise indicated herein.

CITY City of Lancaster
Attn: Jason Caudle, City Manager
44933 North Fern Avenue
Lancaster, California 93534

CONSULTANT Best Best & Krieger LLP
Attn: Elizabeth Wagner Hull, Partner
18101 Von Karman Ave, Suite 1000
Irvine, CA 92612

3. Successors and Assigns. The terms hereof shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto; provided, however, that no party hereto shall assign any of the benefits and burdens hereunder, whether voluntarily or by operation of law, without prior written consent of the other party, and any such assignments without said consent shall be void.

4. D escription of Work . The City hereby engages Consultant , and Consultant accepts such engagement, to perform the technical and professional services set forth in the “ Scope of Services and Rates Schedule,” attached hereto as Exhibit “A” and incorporated herein by reference. Consultant shall perform and complete, in a manner satisfactory to the City , all work and services set forth in Exhibit “A.” The City Manager or his designee shall have the right to review and inspect the work during the course of its performance at such times as may be specified by the City Manager, or his designee.

5. Obligations of the City.

A. The City shall pay Consultant an amount not to exceed $100,000 for all work necessary to complete the Services, as described in the Scope of Services and Rates Schedule. Payments shall be due within thirty (30) days following submittal of an invoice detailing the services performed, at the hourly rates set forth in Exhibit A.

B. N
o payment made hereunder by the City to Consultant , other than the final payment, shall be construed as an acceptance by the City of any work or materials, nor as evidence of satisfactory performance by Consultant of its obligations under this Agreement. 6 . Obligations of the Consultant.

A. C
onsultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule set forth in Exhibit A.

B. C
onsultant shall be responsible for payment of all employees’ wages and benefits, and sha ll comply with all requirements pertaining to employer ’s liability, workers ’ compensation, unemployment insurance, and Social Security.

C. C
onsultant shall not subcontract any of the work required to perform the Services without the express prior written approval of the City.

7. Hold Harmless and Indemnification . Consultant agrees to indemnify and hold harmless the City, its elected officials, officers and employees, from and against any and all third party claims, losses, obligations, or liabilities wh atsoever, including reasonable attorney’s fees, incurred to the extent arising out of or related to Consultant’ s negligent or willful wrongful acts, errors or omissions, or those of its employees or agents. Consultant agrees to defend the City, its officers and employees, using counsel of the City ’s choosing, from and against any and all claims covered by the indemnity in the preceding sentence.
8 . Amendments. Any amendment, modification, or variation from the terms of this Agreement shall be in writing and shall be effective only upon mutual written approval by the City and Consultant.
9 . Non-Discrimination and Equal Employment Opportunity.

A. I
n the performance of this Agreement , Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B -
3 -
Professional Services Agreement; December 2018
national origin, physical or mental disability or age. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment without regard to their race, color, religion, ancestry, sex, national origin, physical or mental disability or age. Affirmative action relating to employment shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment; layoff or termination; rates of pay or other forms of compensation; and selection for training including apprenticeship.

B. T
he provisions of subsection A above shall be included in all solicitations or advertisements placed by or on behalf of Consultant for personnel to perform any services under this Agreement. The City shall have access to all documents, data and records of Consultant and its subcontractors for purposes of determining compliance with the equal employment opportunity and non- discrimination provisions of this Section.
1 0. Term; Effective Date. This Agreement shall become effective and shall be in full force and effect upon the execution of the Agreement by the City and the Consultant. This Agre ement shall continue in full force and effect for twelve (12) months, unless the Agreement is sooner terminated in accordance with this Agreement; provided, however, that the City and the Consultant may mutually agree in writing to extend the Term of this Agreement.
1 1. Termination.

A. F
or Convenience. The City may terminate this Agreement at any time without cause by giving thirty (30) days written notice to the other party of such termination and specifying the effective date thereof. In the event of termination of this Agreement, Consultant will be paid for work completed through the date of termination within thirty (30) days following submittal of a final invoice.

B. For Cause. If Consultant fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, Consultant shall correct such failure within ten (10) days (or such longer period that the City may authorize in writing) after receipt of notice from the City specifying such failure. Should the failure not be corrected within this time period, the City may immediately terminate the Agreement by written notice to Consultant.

C. In the event of termination, whether for convenience or cause, reports, plans, studies and other documents (collectively, “documents”) related to the Services shall become the City’s property. Consultant shall provide all documents to the City that have not yet been within ten (10) calendar days after termination of the Agreement.

12. Independent Contractor. Consultant is an independent contractor and shall have no power or authority to incur any debt, obligation or liability on behalf of the City. It is expressly understood between the Parties to this Agreement that no employee/employer relationship is intended. 1 3. Insurance.

A. T he Consultant, at its expense, shall maintain in effect at all times during the term of this Agreement the following coverage and limits of insurance, which shall be maintained with insurers listed “A-, VIII” or better in the Best’s Key Rating Guide:

DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B -
4 -
Professional Services Agreement; December 2018
C
ommercial General Liability
Each Occurrence $2,000,000
Per Project General Aggregate $5,000,000
Including Products/Completed Operations; Contractual Liability/Independent Contractors; Property Damage
(Coverage shall be at least as broad as ISO form CG2010 11/85 or CG2010 07/04 and CG2037 07/04 combined, or an equivalent providing ongoing and completed operations) C
ommercial Automobile Liability
Combined Single Limit per Accident for
Bodily Injury and Property Damage $5,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Wor
kers Compensation
As Required by the State of California Statutory Limits E
mployers’ Liability
Each Accident $1,000,000
Bodily Injury by Disease $1,000,000
Each Employee $1,000,000
(A Waiver of Subrogation must be provided on behalf of the Certificate Holder for the Workers Compensation & Employers’ Liability policies)
P
rofessional Liability
Each Occurrence $5,000,000
General Aggregate $5,000,000
B. T
he Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insured’s liability.

C. P
rofessional liability and/or cyber insurance written on a “cl aims made” basis must be renewed for a period of three (3) years after this contract expires or is terminated. Such insurance must have the same coverage and limits as the policy that was in effect during the term of this contract and will cover Consultant for all claims made by the City insured entities arising out of any acts or omissions of Consultant or its officers, employees, or agents during the time this Agreement was in effect.

D. A
ll insurance shall be primary and non- contributory as respects the City insured entities. Any insurance or self-insurance maintained by the City insured entities shall be in excess of the Consultant’s insurance and shall not contribute with it.

E. C
onsultant shall furnish the City with Certificates of Insurance and with ori ginal endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:

DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B -
5 -
Professional Services Agreement; December 2018
(1) Show that the insurance policy has been endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except after 30 days’ prior written notice (10 days’ written notice for non-payment) to the City of Lancaster.
(2
) List in the “Descriptions of Operations/Locations/Vehicles” section:
“Economic Development, Real Estate and A ffordable Housing Attorney Services
T
he City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties, but only insofar as the operations under this contract are concerned.”
(3
) List in the “Certificate Holder” section:

The City of Lancaster, 44933 Fern Avenue, Lancaster, California 93534. 1 4. Commencement and Completion of Work . The Services to be provided by Consultant pursuant to t his Agreement shall commence immediately after execution of this Agreement, and shall continue in full force for 12 months following commencement; provided however, that the Parties may agree to extend the time for completion upon mutual written agreement. 1 5. Ownership of Documents . All plans, specifications, reports, studies, maps and other documents prepared or obtained by Consultant in the course of performing the work and are required by this Agreement to be delivered to the City shall be the property of the City. Basic sketches, charts, computations and similar data prepared or obtained by Consultant under this Agreement shall, upon request, be made available to City without restriction or limitation on their use. 16 . Data Provided to Consultant . City shall provide to Consultant , without charge, all data, including reports, records, maps and other information, now in the City’s possession which may facilitate the timely performance of the work described in Exhibit A.

17. Consultant’s Warranties and Representations.

C
onsultant warrants and represents to City as follows:

A. C
onsultant has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement.

B. C
onsultant has not paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant , any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the execution of this Agreement . Upon any breach or violation of this warranty, City shall have the right, in its sole discretion, to terminate this Agreement without further liability, or, in the alternative, to deduct from any sums payable hereunder the full amount or value of any such fee, commission, percentage or gift.

C. C
onsultant has no knowledge that any officer or employee of the City has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise, in this transaction or in DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B -
6 -
Professional Services Agreement; December 2018
the business of the Consultant, and that if any such interest comes to the knowledge of Consultant at any time, a complete written disclosure of such interest will be made to City, even if such interest would not be deemed a prohibited “conflict of interest” under applicable laws.

D. U
pon the execution of this Agreement, Consultant has no interest, direct or indirect, in any transaction or business entity which would conflict with or in any manner hinder the performance of services and work required by this Agreement , nor shall any such interest be acquired during the term of this Agreement.
18 . Resolution of Disputes.

A. D
isputes regarding the interpretation or application of any provisions of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the parties.

B. If
the p arties cannot resolve the dispute through good faith negotiations, either party may give Notice of Dispute to the other party. The Notice of Dispute shall state the nature of the dispute and the corrective action necessary to remedy the dispute.

After Notice of Dispute, the parties shall first attempt to resolve any disputes by mediation. The parties shall agree on a single mediator . Mediation shall be conducted in Lancaster, California. Each party shall pay its own attorneys ’ fees and the costs of mediation shall be split equally between the parties.

If the dispute has not been resolved by mediation within 45 days after Notice of Dispute, or the parties are unable to agree to a mediator, within 15 days after Notice of Dispute, then, the dispute may, upon agreement of the parties be resolved by binding arbitration.

C. I
f any action at law or in equity is brought to enforce or interpret any provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney ’s fees, cost and necessary disbursements, in addition to such other relief as may be sought and awarded. 19 . Exhibits.

T
he following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:

E
xhibit “A” Scope of Services and Rates Schedule
20 . Governing Law.

Th
is Agreement shall be governed by the laws of the State of California. 2 1. Effective Date.

Th
is Agreement shall become effective as of the date set forth below on which the last of the parties, whether City or Consultant, executes said Agreement.

DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

- 7 -

Professional Services Agreement; December 2018

[Signatures begin on next page.]

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF LANCASTER

LANCASTER, CALIFORNIA

By:

Jason Caudle, City Manager

Dated:

BEST BEST & KRIEGER

By:

Elizabeth Wagner Hull, Partner

Dated:

ATTEST:

City Clerk

APPROVED AS TO FORM:

City Attorney

DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD May 14, 2020 | 12:48:30 PM PDT
May 14, 2020 | 1:43:37 PM PDT
DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

- 8 -

Professional Services Agreement; December 2018

EXHIBIT A

SCOPE OF SERVICES

AND RATES SCHEDULE

DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Granite Bay
(916) 325-4000
Indian Wells
(760) 568-2611
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
18101 Von Karman Avenue, Suite 1000, Irvine, CA 92612
Phone: (949) 263-2600 | Fax: (949) 260-0972 | www.bbklaw.com Riverside
(951) 686-1450
Sacramento
(916) 325-4000
San Diego
(619) 525-1300
Walnut Creek
(925) 977-3300
Washington, DC
(202) 785-0600
Elizabeth Wagner Hull
(949) 263-2608
[email protected]
April 14, 2020

ELECTRONIC DELIVERY
Christopher Aune
Housing Manager
City of Lancaster
[email protected]
Re: Proposal to Provide Professional Services - Economic Development, Real Estate & Affordable Housing
Dear Mr. Aune:

On behalf of Best Best & Krieger LLP (BB&K), I am pleased to present this proposal to provide legal services to the City of Lancaster Housing Authority (Authority) on various matters related to the Authority’s business. We believe that BB&K is more than qualified to assist the Authority in the areas of general counsel work, economic development, real estate, and affordable housing.

RELEVANT EXPERIENCE
BB&K’s Economic Development, Real Estate, and Affordable Housing practice represents public and private clients in all aspects of economic development, real estate, and affordable housing transactions. BB&K represents public and private clients in connection with a wide range of affordable housing matters. The firm has historically represented redevelopment agencies, housing authorities and private developers in publically assisted affordable housing projects. Working collaboratively with our Public-Private Partnership, Eminent Domain, Real Estate, Environmental Law, Tax, Labor & Employment, and litigation lawyers, we advise on:
 Siting and predevelopment planning
 Land use, zoning, permitting, and entitlements
 Creative financing strategies
 Acquisition, construction, leasing, development, and disposition of real estate and other assets
 Procurement, competitive bidding, and prevailing wage requirements  Personnel issues
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Christopher Aune
April 13, 2020

Page 2 ends

 Tax incentives, credits, assessments, and liabilities  Environmental due diligence, compliance, California Environmental Quality Act, National Environmental Policy Act, and remediation
 Litigation/alternative dispute resolution
 Commercial, residential, and mixed-use projects
 Public-private partnership, owner participation, management, and other agreements necessary for development
Our affordable housing experience includes the development of ownership and rental housing projects, compliance with Community Redevelopment Law and Housing Authority Law requirements, SB 341 and housing successor agency obligations, density bonus issues, inclusionary housing, compliance with federal housing requirements and funding programs including low income tax credit financing, state and federal grant and loan programs including Community Development Block Grant (CDBG), and HOME Investment Partnerships Program, among others.

BB&K is skilled in applying for, complying with, and administering federal and state funds for both commercial and housing developments, including, but not limited to, CDBG, the Section 108(a) Loan Guarantee Program, HOME, Federal Housing Administration, and other funding sources. We possess extensive familiarity with the requirements for housing developments financed with federal and/or state Low-Income Housing Tax Credits.

Our attorneys have drafted thousands of agreements for public agency clients ranging from simple real property acquisition, affordable housing and disposition and development agreements, letter of loan commitments, restrictive covenant agreements, assignment agreements, ground leases, and promissory notes.

BB&K has represented a variety of housing authorities and agencies as general and special counsel, including:
 Colton Housing Authority
 Corona Housing Authority
 Lake Forest Housing Authority
 Los Angeles City Housing Department
 Los Angeles Housing Authority
 Ontario Housing Authority
 Riverside County Housing Authority
 Sacramento Housing & Redevelopment Agency
 San Bernardino County Housing Authority
 San Juan Capistrano Housing Authority
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Christopher Aune
April 13, 2020

Page 3 ends

PROPOSED LEGAL TEAM
BB&K proposes that I serve as lead attorney for the proposed legal services and be the main contact persons for all matters and will supervise all legal services provided by our firm. I will be supported by Isaac Rosen, Todd Leishman, and Abraham Galvan Sanchez. Our resumes are attached to the letter proposal.

HOURLY RATES
For the requested business services, we offer the Authority a rate of $330 per hour for Partners and Of Counsel, $260 for Associates, and $170 for Paralegals.

CONCLUSION
Thank you for considering BB&K’s proposal. I look forward to the opportunity to discuss our qualifications with you in more detail and, if selected, I would be honored to work with you on the requested business services.

Sincerely,
Elizabeth Hull
of BEST BEST & KRIEGER LLP
Resumes
Exhibit A
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED?

INSR ADDLSUBRLTR INSDWVD

DATE (MM/DD/YYYY)
PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext):E-MAILADDRESS:INSURER A :INSURED INSURER B :INSURER C :INSURER D :INSURER E :INSURER F :

POLICY NUMBERPOLICY EFFPOLICY EXPTYPE OF INSURANCELIMITS(MM/DD/YYYY)(MM/DD/YYYY)

AUTOMOBILE LIABILITY

COVERAGESCERTIFICATE NUMBER:REVISION NUMBER:

CERTIFICATE OF LIABILITY INSURANCE
Lockton Insurance Brokers, LLC
777 S. Figueroa Street, 52nd Fl.

XXXXXXX

XXXXXXX
X X
X $0
10,000,000
10,000,000

XXXXXXX
Y
X
1,000,000
1,000,000
1,000,000
B (20)7355-52-44 4/30/2020 4/30/2021
A 35894252 4/30/2020 4/30/2021
B 79868975 4/30/2020 4/30/2021
B 71750505 4/30/2020 4/30/2021
4/30/2021
1312916
Y N
Y N
N N
Y
5/7/2020
16724174
16724174 XXXXXXX
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
THIS CERTIFICATE SUPERSEDES ALL PREVIOUSLY ISSUED CERTIFICATES FOR THIS HOLDER, APPLICABLE TO THE CARRIERS LISTED AND THE POLICY TERM(S) REFERENCED.

Economic Development, Real Estate and Affordable Housing Attorney Services, The City of Lancaster, its elected officials, officers, employees and volunteers are included as additional covered parties are Additional Insured to the extent provided by the policy language or endorsement issued or approved by the insurance carrier but only insofar as the operations under this contract are concerned. Waiver of Subrogation applies per attached endorsement(s) or policy language. Insurance provided to Additional Insured(s) is primary and non-contributory as per the attached endorsements or policy language.

X
See Attachments
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B CONTINUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS (Use only if more space is required) ACORD 25 (2016/03)
30 Days Notice of Cancellation applies per attached endorsement(s). General Liability coverage is extended on a per project/per location basis.

Certificate Holder ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability InsuranceEndorsementPolicy Period4/30/2020 to 4/30/2021 Effective Date4/30/2020 Policy Number35894252 InsuredBest Best & Krieger LLP Name of CompanyVigilant Insurance Company Date Issued4/30/2020This Endorsement applies to the following forms: GENERAL LIABILITYUnder Who An Insured, the following provision is added.Who Is An InsuredAdditional Insured-Persons or organizations shown in the Schedule are insureds; but they are insured you areScheduled Person obligated pursuant to a contract or agreement to provide them with such insurance as is afforded byOr Organizationthis policy. However, the person or organization is an insured only: if and then only to the extent the person or organization is described in the Schedule: to the extent such contract or agreement requires the person or organization to be afforded status as an insured: for activities that did not occur, in whole or in part, before the execution of the contract or agreement; andwith respect to damage, loss, cost or expense for injury or damage to which this insurance applies. No person or organization is an insured under this provision:that is more specifically identified under any other provision of the Who Is An Insured section (regardless of any limitation applicable thereto).With respect to any assumption of liability (of another person or organization) by them in a contract or agreement. This limitation does not apply to the liability for damages, loss, cost or expense for injury or damage, to which this insurance applies, that the person or organization would have in the absence of such contract or agreement. Under Conditions, the following provision is added to the condition titled Other Insurance. Other Insurance -If you are obligated, pursuant to a contract or agreement, to provide the person or organizationPrimary, shown in the Schedule with primary insurance such as is afforded by this policy, then in such caseNoncontributorythis insurance is primary and we will not seek contribution from insurance available to such personInsurance -or organization. Scheduled Person Or OrganizationPage 1 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Liability Endorsement(continued)SchedulePERSONS OR ORGANIZATIONS THAT YOU ARE OBLIGATED, PURSUANTTO WRITTEN CONTRACT OR AGREEMENT BETWEEN YOU AND SUCH PERSONOR ORGANIZATION, TO PROVIDE WITH SUCH INSURANCE AS ISAFFORDED BY THIS POLICY; BUT THEY ARE "INSUREDS" ONLY IF ANDTO THE MINIMUM EXTENT THAT SUCH CONTRACT OR AGREEMENTREQUIRES THE PERSON OR ORGANIZATION TO BE AFFORDED STATUS ASAN "INSURED".HOWEVER, NO PERSON OR ORGANIZATION IS AN "INSURED" UNDERTHIS PROVISION WHO IS MORE SPECIFICALLY DESCRIBED UNDER ANYOTHER PROVISION OF THE WHO IS AN INSURED SECTION OF THISPOLICY (REGARDLESS OF ANY LIMITATION APPLICABLE THERETO).All other terms and conditions remain unchanged.

Additional Insured - Scheduled Person Or OrganizationForm 80-02-2367 (rev. 5-07) Page 2 Attachment Code: D469853 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B POLICY NUMBER (20)7355-52-44 COMMERCIAL AUTOMOBILETHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThis endorsement modifies insurance provided under the following:D. Persons And Organizations As InsuredsUnder A Written Insured ContractParagraph A.1 --- - WHO IS AN INSURED --- - ofSECTION II --- - LIABILITY COVERAGE isamended to add the following:f. Any person or organization with respect tothe operation, maintenance or use of acovered "auto", provided that you andsuch person or organization have agreedunder an express provision in a written"insured contract", written agreement or awritten permit issued to you by agovernmental or public authority to addsuch person or organization to this policyas an "insured".However, such person or organization isan "insured" only:(1) with respect to the operation,maintenance or use of a covered"auto"; and(2) for "bodily injury" or "property damage"caused by an "accident" which takesplace after:(a) You executed the "insuredcontract" or written agreement; or(b) The permit has been issued toyou.

Form: 16-02-0292 (Rev. 4-11) Page 1 of 3"Includes copyrighted material of Insurance Services Office, Inc. with its permission" Attachment Code: D523049
Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B WORKERS’ COMPENSATION AND EMPLOYERS’ LIABILITY INSURANCE POLICYWC 124(4 -84)WC 00 03 13WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTThis endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following “attaching clause” need be completed only when this endorsement is issued subsequent to preparation of the policy.)This endorsement, effective on 4/30/2020 at 12:01 A.M. standard time, forms a part of Policy No. 71750505 of the FEDERAL INSURANCE COMPANY issued to Best Best & Krieger LLPWe have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule JOB DESCRIPTION: ALL OPERATIONS BLANKET WAIVER – ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO FURNISH THIS WAIVER.

Attachment Code: D466017 Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B Policy ConditionsEndorsementPolicy Period 4/30/2020 TO 4/30/2021 Effective Date 4/30/2020Policy Number 35894252 Insured Best Best & Krieger LLPName of Company Vigilant Insurance CompanyDate Issued 4/30/2020 This Endorsement applies to the following forms:COMMON POLICY CONDITIONSConditionsNotice Of CancellationTo Scheduled PersonsOr Organizations WhenWe CancelUnder Conditions, the following condition is added.When we cancel this policy for any reason, other than non-payment of premium, we will notify person(s) or organization(s) shown in the Schedule at least 30 days in advance of the cancellationdate.Any failure by us to notify such person(s) or organization(s) will not:impose any liability or obligation of any kind upon us; orinvalidate such cancellation.Schedule All other terms and conditions remain unchanged. Notice Of Cancellation To Scheduled Persons Or organizations (Except Non-Payment Of Premium)Form 80-02-9779 (Ed. 3-11) Endorsemen Person(s) or Organization(s):City of Lancaster 44933 North Fern Avenue Lancaster, CA 93534 Attachment Code: D469838
Certificate ID: 16724174
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

INSURED
REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
4/21/2020
Woodruff-Sawyer & Co.
50 California Street, Floor 12
San Francisco CA 94111
415-391-2141
415-989-9923
Lloyds of London
BESTBES-01
Best Best & Krieger, LLP
3390 University Avenue, 5th Floor
Riverside CA 92501
137083665
A
Professional Liability
B0146LDUSA1900774
9/1/2019
9/1/2020
Limits
*See below
Professional Liability (Lawyers Professional Liability coverage) * Limit of Liability: $5,000,000
City of Lancaster
44933 North Fern Avenue
Lancaster CA 93534
DocuSign Envelope ID: F2E5E7F3-90DF-4DFC-B52D-32581E38DBFD DocuSign Envelope ID: A79E599D-450E-4E4E-B96D-EF062E7FD7AA DocuSign Envelope ID: BA87747D-804A-498A-90FE-053126B5372B

Lancaster City CouncilAugust 25, 2026

Lancaster City Council
August 25, 2026