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INSURANCE: P"'I- A FILE
<br />1 ORK MAY NOT PROCEED
<br />F�3 p CLERK OF COUNCIL
<br />DATE:
<br />0-,fMSR W"li»v+ko) LAi
<br />Consultant Services Agreement
<br />A-2021-014
<br />This Consultant Services Agreement (the "Agreement") is made as of this 19th day of January, 2021 by and
<br />between Avenu Insights and Analytics, LLC, a Delaware limited liability company ("CONSULTANT") and the
<br />City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY"). In consideration
<br />of the mutual promises herein contained and other good and valuable consideration, the adequacy and receipt
<br />of which is hereby acknowledged, the parties agree as follows:
<br />RECITALS
<br />A. The CITY desires to retain a consultant having special skill and knowledge in the field of professional
<br />services for Utility Users' Tax (including Prepaid Mobile Services Telephony Service Taxes) Revenue Auditing,
<br />Recovery, Reporting, Analysis, and Legislative/State Agency Liaison and implementation Monitoring Services
<br />as specified herein.
<br />B. In undertaking the performance of this Agreement, CONSULTANT represents that it possesses the
<br />necessary knowledge, qualifications, skills and personnel to provide such services. CONSULTANT warrants
<br />that any services performed by CONSULTANT under this Agreement will be performed in compliance with
<br />such standards as may reasonably be expected from a professional consulting firm in the field.
<br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
<br />and conditions hereinafter set forth, the parties agree as follows:
<br />CITY hereby retains CONSULTANT, and CONSULTANT hereby agrees to provide such services as
<br />are set forth hereinbelow, in accordance with the terms and conditions of this Agreement, and represents and
<br />warrants to CITY that CONSULTANT accepts such assignment to perform those services, subject to those
<br />terms and conditions.
<br />1. SCOPE OF SERVICES
<br />a. CONSULTANT will provide CITY with the Utility Users' Tax Revenue Auditing, Recovery, Reporting,
<br />Analysis, and Legislative/State Agency Liaison and Implementation Monitoring services described in
<br />EXHIBIT A and EXHIBIT B, which are attached hereto and incorporated by reference. CONSULTANT
<br />shall. provide said services at the time, place, and manner specified in EXHIBIT A and EXHIBIT B. In
<br />the event that the description of services, their time, place, and manner specified in EXHIBIT A is in
<br />conflict with the provisions of EXHIBIT B then the provisions of EXHIBIT B shall prevail. In the event the
<br />provisions of either EXHIBIT A or B is in conflict with the terms of these Recitals then the terms of these
<br />Recitals will prevail.
<br />b. CONSULTANT, or CONSULTANT'S subcontractor(s), may provide CITY with additional consulting
<br />services described in EXHIBIT B and set out in Exhibit C (CONSIDERATION), which are attached
<br />hereto and incorporated by reference. Such additional consulting services include, but are not be
<br />limited to: audit recovery of potential hotel visitors' taxes, provision of hotel visitors' tax administration
<br />services, audit recovery of potential tourist marketing district assessment fees, provision of tourist
<br />marketing district assessment fees administration services, audit recovery of potential business license
<br />taxes and associated business improvement district charges, and/or potential medical marijuana and/or
<br />cannabis taxes, or cannabis related operating agreement fees (as applicable), selection process
<br />assistance for adult -use retail cannabis business permitting, cannabis testing facility or testing
<br />laboratory permitting, miscellaneous commercial cannabis business (cultivation, manufacture,
<br />distribution) permitting and may also include Comprehensive Annual Financial Reporting statistical
<br />services as may be set forth in any Change Orden(s) mutually agreed to by and between the parties
<br />pursuant to Section 3, subsection 3-22, of said Agreement. EXHIBIT C contingency option Items #2
<br />through #7 may be elected by CITY without a Change Order.
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