|
EXHIBIT 2
<br />Third Amendment to Consultant Services Agreement with MuniServices, LLC
<br />THIS THIRD AMENDMENT TO CONSULTANT SERVICES AGREEMENT ("Agreement") is
<br />made and entered into on this 21st day of June, 2022, by and between MuniServices, LLC, a
<br />Delaware limited liability company (hereinafter "Consultant"), and the City of Santa Ana, a charter
<br />City and municipal corporation organized and existing under the Constitution and laws of the State
<br />of California (hereinafter "City"), collectively "the Parties".
<br />RECITALS
<br />A. On October 4, 2016, the City and Consultant, pursuant to a Request for Proposals process,
<br />entered into that certain agreement entitled "Consultant Services Agreement" (Agreement #A-
<br />2016-290) (hereinafter referred to as "said Agreement") for Sales and Use Tax Recovery,
<br />Reporting, Analysis, and Legislative/State Agency Liaison and Implementation Monitoring
<br />Services.
<br />B. On June 19, 2018, the City and Consultant agreed to a First Amendment to said Agreement
<br />(#A-2018-161) to add provisions relating to Change Orders, and to identify additional
<br />consulting services to include, but not be limited to: potential transaction and use taxes,
<br />potential business license taxes and/or potential medical marijuana and/or cannabis taxes or
<br />operating agreement fees (as applicable), and to set forth the renewal Term of said Agreement
<br />for a period of two and one-half (2 %) years, effective July 1, 2018 through December 31,
<br />2020.
<br />C. On January 15, 2019, the City and Consultant agreed to a Second Amendment to said
<br />Agreement (#A-2019-017) to increase the Scope of Services and Compensation to expressly
<br />include Transactions and Use Tax Recovery, Reporting, and Analysis and to amend the Term
<br />of said Agreement for a period of one and one-half (1 '/2) years, effective January 1, 2021
<br />through June 30, 2022.
<br />D. The Parties hereto now desire to extend the Term of said Agreement for an additional period
<br />of two (2) years, effective July 1, 2022 through June 30, 2024.
<br />E. The Parties hereto now also desire to amend said Agreement to conform Compensation to
<br />an annual amount not to exceed $10,000 covering the web -based reporting systems Sales
<br />Tax Analysis Reporting Systems ("STARS") and Geographic Revenue Information Application
<br />Systems ("GRIA"); plus an annual Cost Price Index ("CPI") adjustment not less than two
<br />percent (2%) or greater than four percent (4%); plus a 13% of recovered sales tax of revenues
<br />over the life of said Agreement, with a contingency of up to $60,000 to cover other consulting
<br />services.
<br />NOW THEREFORE, in consideration of the mutual and respective covenants and promises
<br />hereinafter contained and made, and subject to all of the terms and conditions of said Agreement
<br />as hereby amended, the Parties hereto do hereby agree as follows:
<br />1. Section 1. — Scope of Services to read as follows:
<br />a. Consultant, or Consultant's subcontractor(s), will provide City with the consulting services
<br />described in EXHIBITS A and C, which are attached hereto and incorporated by reference.
<br />Consultant, or Consultant's subcontractor(s), shall provide said services at the time, place,
<br />and in the manner specified in EXHIBITS A and C.
<br />
|