Item 25 - Approve Consultant Agreement with Avenu Insights

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