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INSURANCE ON FILE N-2016-006-001 <br />w4ORK MAY PROCEED <br />UNTIL INSURANCE EXPIRES <br />CLERK OF COUNCIL <br />RASE: AMENDMENT TO CONSULTANT AGREEMENT <br />®; C,�:- � <br />Swam RECITALS <br />ScVfMr2r sQny) <br />A. Whereas, on December 1, 2014, White Nelson Diehl Evans LLP, a limited liability <br />partnership (hereinafter "Consultant"), and the City of Santa Ana, a charter city and <br />municipal corporation organized and existing under the Constitution and laws of the State <br />of California (hereinafter "City") entered into a Consultant Agreement ("Consultant <br />Agreement') whereby Consultant would conduct a "lottery" process in connection with <br />applications to operate Medical Marijuana Dispensaries within the City, and provide <br />certain other consulting and forensic services; <br />B. Consultant and the City wish to amend and clarify the Scope of Services under the <br />Consultant Agreement, effective as of January 23, 2015; <br />C. Section 11 of Consultant Agreement provides that the Consultant Agreement may be <br />modified pursuant to a written instrument signed by the City and by an authorized <br />representative of Consultant. <br />AMENDMENTS TO CONSULTANT AGREEMENT <br />1. SCOPE OF SERVICES: <br />In consideration of the mutual and respective promises, the parties agree to the following <br />amendments to the Scope of Services: <br />A. The City agrees to retain an outside naw firm (hereinafter "Law Firm") knowledgeable in <br />Federal, California and applicable County laws, regulations, ordinances, case law and <br />other legal summaries regarding the conduct of lotteries. Law Firm will provide <br />Consultant with an opinion on or before January 31, 2015, that the random selection of <br />applicants (lottery) to be conducted by Consultant on February 5, 2015 is allowed under <br />all applicable Federal, California and county laws, regulations and ordinances and will <br />provide such other written legal/ advice opinions and/or oral legal advice as is necessary <br />at the request of Consultant. If it is determined that any process, procedure or other <br />planned operation of the random selection process ("Lottery) is in violation of any <br />Federal, California or County applicable laws, regulations or ordinances, then Consultant <br />has the option to terminate this agreement or seek further legal counsel from the Law <br />Finn. Also, the City will be responsible for all tune and charges of Law Firm, and Law <br />Firm will invoice its time and charges directly to the City. City agrees to enter into a <br />written agreement with Law. Firm no later than January 27, 2015. <br />B. Consultant agrees to acquire a manually -operated drum and pre -numbered ping pong <br />balls numbered from 1 to 1,000 no later than January 28, 2015. <br />1 <br />