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idSURANCE ON FILE <br />WORK MAY PROCEED <br />UNfUANSURAN C`EXPIRES 7 <br />CLENK OF CO� �—� <br />CONSULTANT AGREEMENT <br />A-2016-275 <br />THIS AGREEMENT is made and entered into this 20" day of September 2016, by and between Macias <br />Gini and O'Connell LLP (MGO), a California Limited Liability Partnership, (hereinafter "CONSULTANT"), <br />and the CITY of Santa Ana, a charter city and municipal corporation organized and existing under the <br />Constitution and laws of the 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 />professional services for Medical Marijuana Business License Tax Revenue Auditing, Recovery, <br />Reporting, and Analysis as specified herein. <br />B. In undertaking the performance of this Agreement, CONSULTANT represents that it possesses <br />the necessary knowledge, qualifications, skills and personnel to provide such services. <br />(Founded in 1987, Macias Gini & O'Connell LLP (MGO) is a statewide certified public <br />accounting, advisory and business management firm with offices in Sacramento, Walnut Creek, <br />San Francisco, Oakland, Los Angeles, Newport Beach, Encino, and San Diego and a staff of <br />over 300 professionals.) CONSULTANT is knowledgeable in its field and any services <br />performed by CONSULTANT under this Agreement will be performed in compliance with such <br />standards as may reasonably be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms <br />and conditions hereinafter set forth, the parties agree as follows: <br />CITY hereby retains CONSULTANT, and CONSULTANT hereby agrees to provide such services as are <br />set forth hereinbelow, in accordance with the terms and conditions of this Agreement, and represents <br />and warrants to CITY that CONSULTANT accepts such assignment to perform those services, subject <br />to those terms and conditions. <br />SCOPE OF SERVICES. <br />CONSULTANT shall perform the following services as described in the CITY's Request for Proposal <br />(RFP) No. 16-022, dated February 11, 2016 and related addendums: <br />a. Perform Medical Marijuana Business License Tax ("Medical Marijuana Tax" / "MMT") audits <br />on site (up to 10 Medical Marijuana Dispensary locations annually). See EXHIBIT B — <br />Supplemental Schedule of Scope of Work. <br />b. Train CITY Revenue and Contract Compliance Examiner and related CITY or contract staff <br />to perform same to industry best practices standards of quality and detail for cash basis <br />businesses. <br />c. Assist in the development of recommended internal control standards. <br />d. Assist in development of multi-year Medical Marijuana Tax budget revenue forecast model. <br />Deliverables: Based on the CITY's Request for Proposal (RFP #16-022 -Revenue auditing, recovery, <br />reporting, analysis, and iegislative/state agency liaison and implementation monitoring services - <br />Medicai Marijuana Tax) needs in collecting additional MMT, regulating the dispensaries' compliance <br />with the CITY's MMT Ordinance and Codes, and implementing a compliance and monitoring program <br />to ensure that the dispensaries are properly calculating and reporting their future MMT, CONSULTANT <br />will provide the services and deliverables to CITY pursuant to EXHIBIT A of this Agreement. Such <br />services shall follow an agreed upon phased approach, as requested by CITY, based on CITY's needs. <br />