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INSURANCE 09 FILE <br />WORK MY PROCEED <br />UNTIL. INSURANCE EXPIR . <br />CLERK OF COUNCIL, <br />DATE ;, <br />HAsQ a: wl i61i JAN 201x: <br />Exhibit 1 <br />COST §ULTANT AGREEMENT <br />N -2015 -006 <br />THIS AGREEMENT, made and entered into this 1 st day of December, 2014 by and between Ylite <br />Nelson Diehl Evans LLP, a limited liability partnership (hereinafter "Consultant "), and the City of Santa <br />Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the <br />State of California (hereinafter "City"). <br />RECITALS <br />A. The City desires to retain a consultant having special skill and knowledge in the field of <br />public accountancy, <br />B. Consultant represents that Consultant is able and willing to provide such services to the City. <br />C. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in <br />its field and that any services performed by Consultant under this Agreement will be performed in <br />compliance with such standards as may reasonably be expected from a professional consulting firm <br />in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the tenors and <br />conditions hereinafter set forth., the parties agree as follows: <br />1» SCOPE OF SERVICES <br />Pursuant, to Section 1 8-617.01 of the Santa. Ana Municipal Code (SAMC), the City's Director of <br />Planning and Building will compile a "Qualified Registration List" of "all applicants desiring to operate <br />a Medical Marijuana Dispensary within the City. Consultant shall conduct a "lottery" process in an <br />open and public location, pursuant to the requirements of the SAMC. Consultant shall perform such <br />other consulting or forensic services under this contract (including but not limited to the lottery <br />selection process and set -up, public information workshops, and consultative meetings or <br />teleconferences with City staff) that are 1) requested by the City and 2) that the Consultant is qualified <br />to perform and agrees to perform. <br />2. DELIVERY OF WORK PRODUCT <br />Consultant shall deliver to City (as applicable) all work product which results from the services <br />provided. Said work product (as applicable) shall be submitted in hard copy and produced in an electronic <br />form compatible with City's computer system, as agreed between the Project Manager and Consultant. <br />In regard to all copyrightdble material produced as a deliverable under this Agreement, including but <br />not limited to books, reports, plans, photographs, drawings, films, recordings, videotapes, and computer <br />programs, Consultant agrees, for itself and for its affected officers, employees, agents, contractors, and <br />volunteer workers, that (a) other such material may not be copyrighted without prior review from the City, <br />and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, <br />agents and employees acting within the scope of their official duties, as a condition of payment to the <br />25D -8 <br />