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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made and entered into this 1st day of November, 2026, by and between the CITY OF LANCASTER, a California municipal corporation and charter city, (“City”), and Burke, Williams & Sorensen, LLP, a Limited Liability 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:
Planning, Housing, & Environmental Legal Services (“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; and
WHEREAS, to the extent required by section 3504.1 of the California Government Code, the City provided written notice, at least 45 days before issuing the solicitation for the Services or entering into this Agreement, to each recognized employee organization representing City employees in job classifications whose scope of work includes services the same as or similar to the Services, or determined that no such notice was required.
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: Burke, Williams & Sorensen, LLP
2. Notices. All written notices required 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: Trolis Niebla, City Manager
44933 North Fern Avenue
Lancaster, California 93534
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
CONSULTANT Burke, Williams & Sorensen, LLP
Attn: Elena Q. Gerli
Address: 444 South Flower Street, 40th Floor
Los Angeles, CA 90071
Phone: 213.236.2883
Email: [email protected]
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. Description 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 the Services. The City Manager, or his or her designee, shall have the right to review and inspect the Services, including any work product derived therefrom, at any time.
5. Obligations of the City.
A. The City shall pay Consultant an amount not to exceed $1,250,000 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. No payment made hereunder by the City to Consultant, other than the final payment, shall be construed as: (i) acceptance by the City of any service, work or materials; or (ii) evidence of satisfactory performance by Consultant of its obligations under this Agreement.
6. Obligations of the Consultant.
A. Consultant shall perform as required by this Agreement and in accordance with the Scope of Services and Rates Schedule.
B. Consultant shall be responsible for payment of all its employees’ wages and benefits, payment of all applicable employer taxes, and compliance with all requirements pertaining to employer’s liability, workers’ compensation, unemployment insurance, and Social Security.
C. Consultant shall not subcontract out the Services, or performance of any portion thereof, without the City’s prior written approval. - 3 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
D. Consultant shall have no claim for compensation for any service, work, or material that is not authorized by the City in writing, including, where applicable, the City’s Authorization to Proceed.
E. All Services required under this Agreement shall be performed by Consultant, or under Consultant’s direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by applicable law to perform such Services.
Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and for compliance with all reasonable performance standards established by 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 thirdparty claims, losses, obligations, or liabilities whatsoever, 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. Consultant shall not accept, and the City shall not be bound by, any change in the scope of the Services, or any change in the provisions of this Agreement, unless the change is issued in writing as an amendment or change order signed by the City. Any extension of time must be mutually agreed upon in writing and executed by both Parties.
9. Non-Discrimination and Equal Employment Opportunity.
A. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, 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. The 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 the purpose of determining compliance with the equal employment opportunity and non-discrimination provisions of this Section.
10. Term. This Agreement shall become effective as provided in Section 26 (Effective Date). This Agreement shall continue in full force and effect for three (3) years and eight (8) - 4 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
months, with two (2) additional one-year extension options upon mutual written agreement, 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.
The total potential term of the Agreement, including extensions, shall be five (5) years and eight (8) months.
11. Termination.
A. For 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 delivered 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.
13. Insurance.
A. The 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:
Commercial General Liability
Each Occurrence $1,000,000
Per Project General Aggregate $2,000,000
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)
Commercial Automobile Liability
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
Combined Single Limit per Accident for
Bodily Injury and Property Damage $1,000,000
(Coverage shall be at least as broad as ISO form CA00 01) Workers Compensation
As Required by the State of California Statutory Limits Employers’ 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) Professional Liability
Each Occurrence $2,000,000
General Aggregate $2,000,000
Cyber Liability
Each Occurrence $2,000,000
General Aggregate $2,000,000
B. The 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. Professional liability and/or cyber insurance written on a “claims 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. Any deductibles or self-insurance retentions must be declared and approved by the City. At the City’s option, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City insured entities or the insurer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. All 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.
F. Consultant shall name the City, its elected officials, officers, employees, and volunteers as additional insured, and shall furnish the City with Certificates of Insurance and with original endorsements effecting coverage required by this Agreement. Certificates of Insurance shall meet the following requirements:
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
(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 nonpayment) to the City of Lancaster. (2) List in the “Descriptions of Operations/Locations/Vehicles” section:
RFP NO. 883-26 Planning, Housing, Environmental, & Tort Defense Legal Services
The 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.
14. 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.
15. 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.
16. Consultant’s Warranties and Representations.
Consultant warrants and represents to City as follows:
A. Consultant 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. Consultant 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. Consultant 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 the business of the Consultant, and that if any such interest comes to the - 7 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
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. Upon 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.
17. Resolution of Disputes.
A. Disputes 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 parties 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. If 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.
18. Force Majeure. Neither Party shall be liable for any failure or delay in performing its obligations under this Agreement (other than payment obligations) if such failure or delay is caused by an event or circumstance beyond the reasonable control of the affected Party (“Force Majeure Event”). Force Majeure Events include, but are not limited to, acts of God; flood; fire; earthquake; explosion; war; terrorism; civil disturbance; epidemic or pandemic; quarantine; governmental actions or orders; or other similar events beyond the control of the affected Party.
The affected Party shall provide written notice to the other Party within ten (10) calendar days of the occurrence of the Force Majeure Event, describing the nature, expected duration, and anticipated impact on performance. The affected Party shall use all diligent efforts to mitigate the effects of the event and resume performance as soon as practicable.
19. Key Personnel. This Agreement has been awarded to Consultant based in part on the key personnel and subcontractors proposed by Consultant to perform the Services. The City - 8 -
Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
reserves the right to review and approve Consultant’s staff, including all subcontractors, assigned to perform the Services during the term of this Agreement. Consultant’s key personnel are as follows: Elena Q. Gerli. Consultant shall not change or substitute any key personnel, nor deviate from the personnel and subcontractors identified in its proposal, without the prior written approval of the City.
20. Subcontractors. Consultant shall not enter into any subcontract for the performance of any portion of the Services without the advance written approval of the City, as further provided in Section 6.C. In the event of approved subcontracting, sole responsibility for fulfillment of all terms and conditions of this Agreement remains with Consultant. Each approved subcontract shall incorporate by reference the terms and conditions of this Agreement.
21. Compliance with Laws; Licenses, Permits, and Taxes.
A. Consultant shall perform the Services in compliance with all applicable federal, State, and local laws, ordinances, regulations, and orders.
B. At all times during the term of this Agreement, Consultant shall possess and maintain in current status all federal, State, and local licenses, permits, registrations, and certifications required for the operation of Consultant’s business and the performance of the Services, including a current City of Lancaster business license as required by the Lancaster Municipal Code, which Consultant shall obtain before the City issues any authorization to proceed.
C. Consultant shall pay all sales, consumer, use, and other similar taxes required to be paid by Consultant in accordance with State and local law. When equipment, materials, or supplies generally taxable to Consultant are eligible for a tax exemption due to the nature of the work, Consultant shall assist the City in applying for and obtaining such tax credits and exemptions, which shall be paid or credited to the City.
22. Labor Organization Notice.
A. The Parties acknowledge that section 3504.1 of the California Government Code (added by Assembly Bill 339 (2025), effective January 1, 2026) requires a local public agency to provide written notice to each recognized employee organization representing employees of the agency at least forty-five (45) days before issuing a request for proposals, a request for quotes, or a renewal of or extension to an existing contract, to perform services that are within the scope of work of the job classifications represented by that employee organization. The City represents that, before entering into this Agreement, it provided all notices required by section 3504.1 of the California Government Code, to the extent applicable, or determined that this Agreement is exempt from that requirement.
B. Any renewal or extension of this Agreement that covers services within the scope of work of job classifications represented by a recognized employee organization shall not become effective until the City has provided any notice required by section 3504.1 of the California Government Code.
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
C. Consultant acknowledges that the City’s obligations under the MeyersMilias-Brown Act, section 3500 et seq. of the California Government Code, including section 3504.1, are independent of this Agreement, and that nothing in this Agreement diminishes any rights of City employees or recognized employee organizations provided by law or by a memorandum of understanding. If the Public Employment Relations Board or a court of competent jurisdiction orders the City to rescind, suspend, or modify this Agreement, or to return any of the Services to City employees, the City may terminate this Agreement in accordance with the termination-for-convenience provisions of Section 11, and Consultant shall have no claim against the City arising from such termination other than payment for Services satisfactorily performed to the effective date of termination.
D. No employee organization or other third party is intended to be, or shall be deemed, a third-party beneficiary of this Agreement.
23. Exhibits.
The following exhibits to which reference is made in this Agreement are deemed incorporated herein in their entirety:
Exhibit “A” Scope of Services and Rates Schedule
In the event of a conflict between this Agreement and Exhibit “A” hereto, this Agreement shall control.
24. Governing Law; Venue.
This Agreement shall be governed by the laws of the State of California. Venue for any action arising out of or relating to this Agreement shall lie in the County of Los Angeles, State of California.
25. Levine Act Disclosure.
Applicable
Not Applicable
California Government Code section 84308 (“Levine Act”) requires a party to a contract other than competitively bid, labor, or personal employment contract, to disclose any contribution of more than $500 that the party (or their agent) has made to a member of the City Council or any other officer of the City as defined in the Levine Act within the prior 12 months. The Levine Act also prohibits for 12 months following a final decision, a party (or their agent) from making a contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may participate in the making of this Agreement.
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
A. By its signature on this Agreement, Burke, Williams & Sorensen, LLP represents and warrants [select one]:
[X] Neither Burke, Williams & Sorensen, LLP nor any agent acting on behalf of Burke, Williams & Sorensen, LLP has, within the 12 months preceding the commencement of negotiations of this Agreement, made any political contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
[___] Burke, Williams & Sorensen, LLP (or an agent acting on behalf of Burke, Williams & Sorensen, LLP) has made a political contribution of more than $500 to:
Identify the person(s) or agent(s) who made the contribution:
Identify the City officer(s) who received the contribution:
B. By its signature on this Agreement, Burke, Williams & Sorensen, LLP further represents and warrants [select one]:
[X] Neither Burke, Williams & Sorensen, LLP nor any agent or principal acting on behalf of Burke, Williams & Sorensen, LLP intends, within the 12 months following the execution of this Agreement, to make any political contribution of more than $500 to any member of the City Council or any other officer as defined in the Levine Act who may have participated in the making of this Agreement.
OR
[___] Burke, Williams & Sorensen, LLP (or an agent acting on behalf of Burke, Williams & Sorensen, LLP) intends to make a political contribution of more than $500 to:
Identify the person(s) or agent(s) who will make the contribution:
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
Identify the City officer(s) who will receive the contribution:
26. Effective Date.
This Agreement shall become effective as of the date set forth in the introductory paragraph above.
[Signatures begin on next page.]
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Professional Services Agreement – Effective August 2026 4902-0844-5876v1/022283-0549
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.
CONSULTANT:
BURKE, WILLIAMS & SORENSEN, LLP
By: ______________________________________
Name: John J. Welsh
Title: Managing Partner
CITY:
CITY OF LANCASTER,
a California municipal corporation and charter city
By: ______________________________________
Trolis Niebla
City Manager
ATTEST:
______________________________________
Andrea Alexander
City Clerk
APPROVED AS TO FORM:
______________________________________ _________________ Allison E. Burns Risk Management
City Attorney
CONTRACT SUBMISSION APPROVAL:
______________________________________
Director, Community Development
4902-0844-5876v1/022283-0549 – Effective July 2026 A - 1 Exhibit A: Scope of Services and Rates Schedule
EXHIBIT A
SCOPE OF SERVICES
AND RATES SCHEDULE
Planning and Land Use Legal Services
Planning and Land Use Legal Services may include legal review, analysis, drafting, and advisory services involving zoning regulations, General Plan consistency, Specific Plans, subdivision regulations, development standards, conditional use permits, variances, overlay zones, development entitlements, and related municipal regulatory matters. Services may also include drafting and reviewing ordinances, resolutions, development agreements, conditions of approval, staff reports, and other planning-related documents, as well as attendance at Planning Commission and City Council meetings, administrative hearings, and other proceedings when requested by the City.
The firm may also provide legal guidance regarding state housing and land use legislation, including the Housing Accountability Act, Density Bonus Law, SB 35, SB 9, SB 330, Accessory Dwelling Unit regulations, Builder’s Remedy matters, and other applicable state housing requirements.
Housing and Affordable Housing Legal Services
Housing and Affordable Housing Legal Services may include regulatory guidance, document preparation, and advisory support related to affordable housing programs, Housing Element implementation, Regional Housing Needs Allocation (RHNA) compliance, affordability covenants, inclusionary housing requirements, housing funding programs, and other housing initiatives and compliance matters.
Services may also include drafting, reviewing, negotiating, and analyzing disposition and development agreements, regulatory agreements, affordability covenants, ground leases, shared appreciation loan agreements, funding agreements, and other housing program or transactional documents. Legal counsel may provide guidance and compliance assistance involving the California Department of Housing and Community Development (HCD), HOME Investment Partnerships Program, Community Development Block Grant (CDBG) Program, homelessness-related programs, supportive housing initiatives, fair housing requirements, ADA compliance matters, and related state and federal housing laws and regulations.
The scope also provides for legal assistance with real property and municipal transactional matters associated with housing and development activities, including easements, dedications, purchase and sale agreements, option agreements, escrow documents, public-private partnerships, development impact fee agreements, and related municipal agreements and transactions.
Environmental and Regulatory Compliance Legal Services
Environmental and Regulatory Compliance Legal Services may include legal analysis and support involving the California Environmental Quality Act (CEQA), Initial Studies, Mitigated Negative Declarations, Environmental Impact Reports, Notices of Exemption, Notices of Determination, and administrative record preparation. Services may also include legal review of environmental documentation, litigation risk analysis, and guidance regarding state and federal regulatory requirements affecting municipal planning and housing activities.
Other Legal Services
While this Agreement is primarily intended to provide Planning and Land Use, Housing and Affordable Housing, and Environmental and Regulatory Compliance Legal Services, Consultant may also be utilized on an as-needed basis for other legal services when Consultant’s expertise and capabilities are determined to meet the City’s needs, as deemed appropriate by the City Attorney or City staff. All legal services provided under this Agreement will be performed under the direction and oversight of the City Attorney.
Services will be provided on an as-needed basis, and the City does not guarantee a minimum volume of work.
Fee Proposal to Provide Legal Services Page 1
to the City of Lancaster
Direct No.: 213.236.2883
[email protected]
444 South Flower Street - 40th Floor
Los Angeles, California 90071-2942
voice 213.236.0600 - fax 213.236.2700
www.bwslaw.com
September 22, 2026
AMENDED FEE PROPOSAL FOR PLANNING, HOUSING,
ENVIRONMENTAL, AND TORT DEFENSE SERVICES
Hourly Rates
Planning and Land Use
Hourly
Rates
through
12/31/2027
Hourly
Rates
2028
Hourly
Rates
2029
Hourly
Rates
2030
Hourly
Rates
2031
Partners $395 $405 $415 $430 $445
Associates $375 $385 $395 $410 $425
Paralegals $225 $235 $245 $255 $270
Housing and Affordable Housing
Partners $395 $405 $415 $430 $445
Associates $375 $385 $395 $410 $425
Paralegals $225 $235 $245 $255 $270
Environmental and Regulatory Compliance
Partners $450 $465 $480 $495 $510
Associates $395 $410 $425 $440 $455
Paralegals $225 $235 $245 $255 $265
Tort Defense
Partners $395 $405 $415 $430 $445
Associates $375 $385 $395 $410 $425
Paralegals $225 $235 $245 $255 $270
Reimbursable Legal Services
Partners $600 $650 $700 $750 $800
Associates $550 $600 $650 $700 $750
Paralegals $325 $350 $375 $425 $475
Fee Proposal to Provide Legal Services Page 2
to the City of Lancaster
Reimbursements
We routinely charge our clients for our direct out-of-pocket expenses and costs reasonably and necessarily incurred in performing the services. We do not charge a service fee or overhead for cost reimbursement items. We also do not charge for computer or word processing time.
Reimbursement amounts may be adjusted annually.
Expense Rate
In-house reproduction charges
black and white 20¢ per page
color $1 per page
Mileage 72.5¢ per mile (or current IRS rate)
Travel time $200/hour (no increases)
All other costs reasonably and
necessarily incurred in performing
services for the City at cost
Billing Format and Procedure
Bills are sent out each month invoicing charges for the prior month. Fees for our services are charged in increments of 1/10th of an hour. The bills provide a specific description of the work performed by all attorneys, the time actually spent on the work item, and the billing rate of the attorney. These bills also contain itemized descriptions of any out-of-pocket expenses incurred during the prior month.
Other Cost Saving Measures
We will establish close communication and relationships with the City Attorney’s Office and staff to ensure clarity regarding what is needed for each project, especially around the City’s priorities and goals.
We will perform most of the work remotely, thus minimizing travel time. Our advice and guidance will align with the City’s policies. Our approach to legal work is to streamline resolution of issues and completion of projects. For larger projects, we take the time at the outset to map out how to work through the project to minimize the likelihood of shifting course mid-project. It is not our goal nor our practice to complicate matters but rather to assist the City with practical solutions.
When appropriate, work will be assigned to associates and paralegals, with partner supervision.
We included a reduced rate for travel time (as a reimbursement rate, fixed over the entire time of the agreement).
4 EXHIBIT C – CALIFORNIA LEVINE ACT STATEMENT
California Government Code Section 84308, commonly referred to as the "Levine Act," prohibits any Lancaster official from participating in any action related to a contract or application if he or she receives any political contributions totaling more than $500 within the previous twelve months, and for twelve months following the date a final decision is rendered.
The Levine Act also requires a Lancaster City official who has received such a contribution to disclose the contribution on the record of the proceeding.
A. Current Lancaster City Council Members are listed at:
https://www.cityoflancasterca.org/government/city-officials/city-council-copy B. Current Planning Commissioners are listed at:
https://www.cityoflancasterca.org/government/commissions-appointments/planning Proposers are responsible for accessing this link to review the names prior to answering the following questions. If yes to the following two questions, please identify the names of the City Council or Official. If no, please write “No” in the lines provided.
1. Have you or your company, or any agent/board member on behalf of you or your company/entity, made any political contributions of more than $500 to any Lancaster City Council Member or other city official in the 12 months preceding the date of the submission of your proposal or application, or the anticipated date of any Council action?
a. If yes, please identify the Council Member(s)/City official(s):
2. Do you or your company/entity, or any agency on behalf of you or your company/entity, anticipate or plan to make any political contribution of more than $500 to any Lancaster City Council Member or other city official in the 12 months following any Council action related to your proposal or application?
a. If yes, please identify the Council Member(s) /City official(s):
Please note that if this is a contract lasting more than one (1) year, you must update this form if any contributions are made after the contract is awarded. Answering yes to either of the two questions above does not preclude the Lancaster City Council from awarding a contract, approving an application, or taking any subsequent action. It does, however, preclude the identified Council Member (s) from participating in any actions related to your proposal or application.
Printed Name: Title:
Signature: Date:
No
No
Eric S. Vail
Partner and Chair,
Public Law Practice Group
July 10, 2026