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0 W<<ya&M0111 <br />SECOND AMENDMENT TO CONSULTANT AGREEMENT <br />THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT made and <br />entered into this 21 st day of April, 2015, by and between White Nelson Diehl Evans LLP, a <br />limited liability partnership (hereinafter "Consultant "), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and <br />laws of the State of California (hereinafter "City"). <br />RECITALS: <br />A. The parties entered into that certain CONSULTANT AGREEMENT (Agreement,(4- <br />2015 -006) [Exhibit 1], dated December 1, 2014 (hereinafter "said Agreement ") by which <br />Contractor for an amount not to exceed $25,000 would provide "lottery" process <br />selection services in connection with applications to operate Medical Marijuana <br />Dispensaries within the City, and provide certain other consulting and forensic services. <br />B. The parties subsequently entered into an Amendment to Consultant Agreement <br />(Agreement N -2015- 006 -001) [Exhibit 2], dated effective January 23, 2015 (hereinafter <br />"said First Amendment to Agreement "), and amended the Scope of Services of said <br />Agreement to include increased Consultant due diligence, preparation and post lottery <br />reporting. <br />C. The parties now wish to amend the Compensation clause of said Agreement in order to <br />recognize the corresponding requirement for increased contractual services as well as <br />increased lottery equipment expense and other costs relating to said First Amendment to <br />Agreement. <br />WHEREFORE, in consideration of the mutual and respective promises of said Agreement <br />and subsequent said First Amendment to Agreement, and subject to all the terms and <br />conditions of both, except those amended in this Second Amendment to Agreement, the <br />parties agree as follows: <br />1. Section 1, SCOPE OF SERVICES, shall be amended and updated to include the services <br />described in Exhibits 1 and 2 as set forth herein below: <br />"I. SCOPEOFSERVICES <br />Pursuant to Section 18- 617.01 of the Santa Ana Municipal Code (SAMC), the <br />City's Director of Planning and Building will compile a "Qualified Registration <br />List" of all applicants desiring to operate a Medical Marijuana Dispensary within <br />the City. Consultant shall conduct a "lottery" process in an open and public <br />location, pursuant to the requirements of the SAMC. Consultant shall perform <br />such other consulting or forensic services under this contract (including but not <br />limited to the lottery selection process and set -up, public information workshops, <br />and consultative meetings or teleconferences with City staff) that are 1) requested <br />by the City and 2) that the Consultant is qualified to perform and agrees to <br />perform. <br />1 <br />25D -3 <br />