HomeMy WebLinkAboutEXCELBIS LABS, LLC (3)
PBA5/8/2025
Contract NumberNameDESCRIPTIONExpiration DateOK to terminate? Y/NIf Y, please sign
A-2017-369-49360 PACIFIC, LLC DBA BNB DISTRO OPERATING AGREEMENT FOR NON-RETAIL COMMERCIAL CANNABIS BUSINESSES12/21/2022YAP
A-2017-369-4355 OC COLLECTIVE INC DBA JUNGLE BOYSOPERATING AGREEMENT FOR NON-RETAIL COMMERICIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-369-01-0155 OC COLLECTIVE, DBA BLUM, A CORPORATIONEXTENSION OF OPERATING AGREEMENT FOR ADULT USE (NON-MEDICAL) CANNABIS 12/31/2022YAP
A-2017-369-5955 OC COLLECTIVE, DBA BLUM, A CORPORATIONCOMMERCIAL CANNABIS BUSINESS12/31/2022YAP
A-2017-369-32AAA HEALTH CENTER OPERTATING AGREEMENT FOR NON-RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-378ADAMS ST. ENTERPRISES, LLC, DBA: TOUCHSTONE AND DBA TOUCHSTONE SNANON-MEDICINAL COMMERCIAL CANNABIS BUSINESS OPERTATING AGREEMENT 12/31/2020YAP
A-2014-243AECOM TECHNICAL SERVICES ENVIRONMENTAL CONSULTANT/ENVIRONMENTAL SERVICES/TECHINCAL STUDIES 10/21/2017YFV
A-2018-141-01AECOM TECHNICAL SERVICES INC.PLANNING SERVICES ON AN AS-NEEDED BASIS 6/30/2021YFV
A-2015-105ALA CONSTRUCTION BOARD-UP SERVICES TO SECURE PROPERTY/BUILDING IN HAZARDOUSD CONDITIONS5/4/2018YFV
A-2017-369-38ALTO BRANDSOPERATING AGREEMENT FOR NON-RETAIL COMMERICIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-171AMERICAN ENGINEERING LABORATORIES INCEXPECTED INSPECTION SERVICES 7/5/2020YFV
A-2017-265-03ARHITECTURAL RESOURCES GROUP, INCQUALIFIED CONSULTANT SERVICES/ENVIRONMENTAL SERVICES10/2/2020YFV
A-2017-265-04ARHITECTURAL RESOURCES GROUP, INCEXTENSION (1) QUALIFIED CONSULTANTS TO PROVIDE ENVIRONMENTAL SERVICES10/2/2021YFV
A-2020-241-01ARHITECTURAL RESOURCES GROUP, INCON-CALL ENVIRONMENTAL AND PLANNING SERVICES AND SUPPLEMENTAL STAFF11/30/2023YFV
A-2020-241-02AASCENT ENVIRONMENTALSIDE LETTER11/30/2024YFV
A-2002-222-1ATKINSON, SUSAN2ND AMEND TERM EXTENSION ARBITRATION/MEDIATION SVCS NTE $10,0006/30/2004YFV
A-2020-261AVOLVE SOFTWAREAMENDMENT FOR ELECTRONIC PLAN SUBMITTAL?N
A-2017-369-77BROADWAY HEALTH CENTER, DBA OC KUSH OPERTATING AGREEMENT FOR NON-RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-168BUREAU VERITAS NORTH AMERICA INC.EXPEDITED INSPECTION SERVICES7/5/2020YFV
A-2017-369-60CALIFORNIA ORGANICS LLCOPERATING AGREEMENT FOR NON- RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-369-55CANNAVISION, LLCOPERATING AGREEMENT FOR NON- RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-369-42CARDEN LABS, INC.OPERATING AGREEMENT FOR NON- RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-369-33CB LABS SANTA ANACOMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2018-308CB LABS, SANTA ANA, LLCCANNABIS TESTING FACILITY/LABORATORY12/31/2020YAP
A-2017-369-10CBD INC., DBA FROM THE EARTH, A MUTUAL BENEFIT CORPORATIONCANNABIS RETAIL BUSINESS - PURSUANT TO CHAPTER 4012/31/2020YAP
A-2017-397CDXX VIRTUOSI GROUP LLC, dba KAYA FARMSOPERATING AGREEMENT FOR NON-MEDICINAL COMMERCIAL CANNABIS BUSINESSES12/31/2020YAP
A-2017-397-01CDXX VIRTUOSI GROUP LLC, dba KAYA FARMSNON-MEDICINAL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-384-01CEA SERVICES LLC; DBA: CURAT4ED CANNABISEXTENSION OF NON-MEDICINAL COMMERCIAL CANNABIS BUSINESS 12/31/2022YAP
A-2015-106CEDELCO CONSTRUCTIONBOARD-UP SERVICES TO SECURE PROPERTY/BUILDING IN HAZARDOUS CONDITIONS 5/4/2018YFV
A-2016-317CENTURY STRUCTURAL ENGINEERING CO., INCPLAN CHECK SERVICES11/15/2019YFV
A-2015-220CENTURY STRUCTURAL ENGINEERING CO., INC.PLAN CHECK SVCS $125,00O PER CONSULTANT, NTE $500,000 FOR A 3-YR TERM10/16/2018YFV
A-2017-265-06-01CIRCLEPOINTFIRST EXTENSION -QUALIFIED CONSULTANTS TO PROVIDE ENVIRONMENTAL SERVICES 10/2/2021YFV
A-2017-265-06-01CIRCLEPOINTFIRST EXTENSION -QUALIFIED CONSULTANTS TO PROVIDE ENVIRONMENTAL SERVICES10/2/2021YFV
A-2020-241-06CIRCLEPOINTON-CALL ENVIRONMENTAL AND PLANNING SERVICES11/23/2023YFV
A-2017-369-29CLS HOLDINGS LLC, CANNABIS LOGISTICAL SOLUTIONOPERATING AGREEMENT FOR NON-RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-369-63CLS HOLDINGS, LLCOPERATING AGREEMENT FOR NON-RETAIL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2015-219CSG CONSULTANTS, INC.PLAN CHECK SVCS $125,00O PER CONSULTANT, NTE $500,000 FOR A 3-YR TERM10/16/2018YFV
A-2015-219CSG CONSULTANTS, INC.PLAN CHECK SVCS $125,00O PER CONSULTANT, NTE $500,000 FOR A 3-YR TERM10/16/2018YFV
A-2016-316CSG CONSULTANTS, INC.PLAN CHECK SERVICES11/15/2019YFV
A-2016-316CSG CONSULTANTS, INC.PLAN CHECK SERVICES11/15/2019YFV
A-2017-369-23-01DBO INVESTMENTS SA, LLC, dba FROM THE EARTHCANNABIS RETAIL BUSINESS12/31/2022YAP
A-2013-172DE LA BARCA, EDDIE-UTILITY CABINET PILOT ART PROGRAM-VARIOUS ARTISTS -- CORE NO.UTILITY CABINET PILOT ART PROGRAM3/10/2014YFV
A-2013-172ADE LEON, ALICIA-UTILITY CABINET PILOT ART PROGRAM-VARIOUS ARTISTSUTILITY CABINET PILOT ART PROGRAM3/10/2014YFV
A-2020-241-10-01DE NOVO PLANNING GROUPFIRST EXTENSION- EXTEND TERMS FOR AN ADDITIONAL YEAR11/30/2024YFV
A-2017-265-12-01ENVIRONMENT PLANNING DEVELOPMENT SOLUTIONS, INC. (EPD SOLUTIONS, INC.)FIRST EXTENSION FOR QUALIFIED CONSULTANTS TO PROVIDE ENVIRONMENTAL SERVICES10/2/2021YFV
A-2017-390-01AEXCELBIS LABS, LLCNON-MEDICINAL COMMERCIAL CANNABIS BUSINESSES12/31/2022YAP
A-2017-265-14FCS INTERNATIONAL, INC. (FIRST CARBON SOLUTIONS)ENVIRONMENTAL/TECHNICAL STUDIES10/2/2020YFV
A-2020-241-19FEHR & PEERSON-CALL ENVIRONMENTAL/PLANNING SERVICES11/30/2023YFV
A-2017-369-02FOUR TWENTY GREEN STREET, INC.COMMERCIAL CANNABIS BUSINESS12/31/2020YAP
A-2017-393FOUR TWENTY GREEN STREET, INC. DBA THE SPOTCOMMERCIAL CANNABIS BUSINESS12/31/2020YAP
3. WSURANCE NOT ON FILE A-2017-390-01A
WORK MAY NOT PROCEED- i
CLERK OF COUNCIL L
o I)AI ; OPERATING AGREEMENT FOR NON -RETAIL
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This Operating Agreement ("AGREEMENT") is dated May 13, 2021, between the City of
Santa Ana, a charter city and municipal corporation ("CITY") and :Excelbis Labs
("OPERATOR"), collectively referred to as "the Parties'. This AGREEMENT shall become
effective on the date that OPERATOR is issued a Regulatory Safety Permit by CITY for the
operation of a commercial cannabis business conducting Testing services in whole or in part
of its operations transacted and carried -on by OPERATOR at the following subject property
location, 1920 E Warner avenue 3f, santa ana ca 92705
1. Public Benefit.
A. Intent. The purpose of this Operating AGREEMENT is to ensure positive
community impacts from commercial cannabis business operations through local hiring and
local sourcing, community benefit and sustainable business practices, and the collection of
required fees and taxes as applicable for the operation of a commercial cannabis business
and to provide mitigation options to be used by CITY to compensate for impacts to CITY
services, residents, and/or businesses as set forth in Santa Ana Municipal Code Chapter 40.
The Parties agree that this AGREEMENT confers substantial private benefits on
OPERATOR which should be balanced by commensurate public benefits. As part of the
cannabis Regulatory Safety Permit process, OPERATOR agrees to enter into this
AGREEMENT. OPERATOR acknowledges that CITY and OPERATOR have had extensive
negotiations and proceedings prior to entering into this AGREEMENT. OPERATOR has
elected to execute this AGREEMENT as it provides OPERATOR with important economic
benefits. Accordingly, the Parties intend to provide consideration to the public to balance
the private benefits conferred on OPERATOR by providing mitigation measures to the public
and to pay for CITY services.
B. Local Hiring and Sourcing. OPERATOR agrees to use its reasonable efforts to
hire qualified City of Santa Ana residents living in Santa Ana to work at its commercial
cannabis businesses. OPERATOR shall also use reasonable efforts to retain the services
of qualified contractors and suppliers who are located in the City of Santa Ana or who
employ a significant number of City of Santa Ana residents. OPERATOR shall make a good
faith effort to advertise on various social media sites, at local job fairs, and through public
agencies and organizations.
C. Community Benefit and Sustainable Business Practices Plan. OPERATOR
agrees to submit a Community Benefit and Sustainable Business Practices Plan ("Plan") to
CITY that is hereby attached and incorporated into this AGREEMENT as ("EXHIBIT A").
Said Plan shall detail OPERATOR's experience working with community -based groups
such as school districts, college districts, city or county agencies, non-profit organizations,
artist or downtown groups. The Plan shall also include a description of OPERATOR's
efforts for recruiting and hiring local persons and businesses. Said Plan must also outline
commitments by OPERATOR to engage its staff in community service events or programs
in the City of Santa Ana. Plan must also outline and address sustainable business
practices. OPERATOR shall adequately document that it has met the Plan's obligations
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and commitments as a condition of renewal/extension of this AGREEMENT upon expiration
of the initial term and any extensions.
2. Records Inspection. Examination and Audit.
OPERATOR acknowledges and agrees that CITY is empowered under this Agreement
to inspect, examine and audit OPERATOR's books and records (including tax Flings and
returns), to ascertain the amount of operating fees due and owing. CITY or its authorized
agents shall have the power and authority to conduct a full inspection, examination and
audit of such books and records (including tax filings and returns) at any reasonable time,
including but not limited to, during normal business hours. In the event any such books,
records, tax filings and returns cannot be made fully available within the City of Santa Ana,
OPERATOR acknowledges and agrees that it shall reimburse CITY for the cost of all
transportation, lodging, meals, portal-to-portal travel time, and other incidental costs
reasonably incurred by CITY or its authorized agents in obtaining said full inspection,
examination and audit. In the event that said records inspection, examination and audit
determines that a net operating agreement fee payment deficiency of greater than Five
Percent (5%) exists; OPERATOR acknowledges and agrees that it shall reimburse CITY for
the full cost of said records inspection, examination and audit reasonably incurred by CITY
or its authorized agents.
3. Term.
This AGREEMENT shall start on the date indicated above and shall terminate on
December-31; 2022 regardless of starting date unless terminated earlier in accordance with
Section 9 or 10 of this AGREEMENT.
4. Business License Required.
A valid City of Santa Ana Business License is required for all persons engaged in
transacting and carrying on any commercial cannabis business activity in the City of Santa
Ana. It is unlawful for any person or legal entity to commence, transact or carry -on cannabis
business activity in the City of Santa Ana without first having procured a City of Santa Ana
cannabis business license.
5. Operating Commercial Cannabis Business.
OPERATOR shall not operate a commercial cannabis business authorized under the
Santa Ana Municipal Code unless:
A. It is the holder of a valid Regulatory Safety Permit issued by CITY in accordance with
the procedures and requirements of Article 1 of Chapter 40, of the Santa Ana
Municipal Code; and
B. At such time as the State of California requires cannabis business facilities and
businesses to hold a valid license or permit issued by the State of California, it also
holds such license or permit; unless, however, such permit or license is subsequently
not required by the State of California for the type of cannabis facility or business
operation that is the subject of this AGREEMENT.
C. OPERATOR remains in compliance with any and all other laws and regulations
pertaining to commercial cannabis businesses.
D. OPERATOR shall remain in compliance with the operating requirements applicable
to commercial cannabis businesses contained in the City's Municipal Code.
6. OPERATOR Indemnification of CITY.
A. OPERATOR will indemnify CITY from any claims, damages, injuries, or liabilities of
any kind whatsoever sustained or incurred by CITY resulting from entering into this
AGREEMENT, and OPERATOR's performance and/or breach of this AGREEMENT.
B. OPERATOR agrees to defend, at its sole expense, any action against CITY, its
agents, officers, and employees related to this AGREEMENT. OPERATOR agrees
to indemnify and reimburse CITY for any court costs and attorney fees that CITY
may be required to pay as a result of any legal challenge related to this
AGREEMENT and/or CITY's approval of a Regulatory Safety Permit. CITY may, at
its sole discretion, participate at its own expense in the defense of any such action,
but such participation shall not relieve the OPERATOR of its obligation hereunder.
OPERATOR Compliance with Laws.
OPERATOR agrees to comply with the City of Santa Ana Charter and Municipal Code,
including but not limited to Chapters 18, 21 and 40, and the laws and regulations of the
State of California.
8. Default and Termination for Cause.
This AGREEMENT may be terminated by CITY for cause with thirty (30) days' written
notice to OPERATOR. Cause as used in this section, is defined as:
A. Failure to comply with the terms of the City of Santa Ana Cannabis Regulatory
Safety Permit issued to OPERATOR by CITY;
Failure of OPERATOR to maintain a valid active City of Santa Ana Business License
as the commercial cannabis business approved by the Regulatory Safety Permit and
as operating;
C. Failure of OPERATOR to comply with the requirements of the Community Benefits
and Sustainable Business Practices Plan;
D. Unauthorized transfer by OPERATOR of the City of Santa Ana cannabis business
Regulatory Safety Permit issued by CITY;
E. Failure by OPERATOR to accurately report gross receipts information or other data
necessary for CITY to calculate/confirm operating agreement fees;
F. Failure by OPERATOR to pay operating agreement fees and related reimbursement
costs within thirty (30) days of the date those fees are due;
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G. Failure by OPERATOR to cooperate with CITY or CITY's authorized agents in any
inspection, examination and audit of OPERATOR's commercial cannabis business
books and records (including tax filings and returns).
H. OPERATOR shall cure the default resulting from the cause for termination within
thirty (30) days of the date of the notice of termination. If OPERATOR fails to cure
the default within thirty (30) days of the date of the notice of termination for cause,
this AGREEMENT will be terminated.
I. This AGREEMENT will automatically terminate if:
OPERATOR's Regulatory Safety Permit is revoked by CITY or is not renewed by
CITY, or
ii. OPERATOR transfers its Regulatory Safety Permit pursuant to Santa Ana
Municipal Code section 40-12.
9. Termination Without Cause.
Upon mutual written agreement of the Parties, this AGREEMENT may be terminated
with thirty (30) days' notice.
10. Termination - Effect on Prior Obligations
Upon any termination of this AGREEMENT, OPERATOR's obligation to report and remit
operating agreement fees due and payable under the terms of this AGREEMENT for each
month or fraction of a month of a cannabis business operation engaged in within the City of
Santa Ana prior to termination of this AGREEMENT shall continue to be in effect. Past due
penalties and late interest charges shall continue to accrue and be applicable until all
operating fees due under this AGREEMENT are paid in full. OPERATOR's liability for any
remaining unpaid past due penalties and/or late interest charges shall continue until fully
satisfied.
11. Remedies.
A. It is acknowledged by the parties that CITY would not have entered into this
AGREEMENT if it were to be liable in damages under this AGREEMENT, or with
respect to this AGREEMENT or the application thereof, except as hereinafter
expressly provided.
B. Each of the parties hereto may pursue any remedy at law or equitable relief available
for the breach of any provision of this AGREEMENT, except that CITY shall not be
liable in monetary damages, unless expressly provided for in this AGREEMENT.
C. Any dispute, claim or controversy arising out of or relating to this Agreement or the
breach, termination, enforcement, interpretation or validity thereof, including the
determination of the scope or applicability of this agreement to arbitrate, shall be
determined by arbitration in Orange County California before three arbitrators. The
arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration
Rules and Procedures pursuant to JAMS' Streamlined Arbitration Rules and
Procedures. Judgment on the Award may be entered in any court having jurisdiction.
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This clause shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction,
12. Reimbursement Clause.
In consideration of the time and costs incurred by CITY in the drafting and
implementation of this AGREEMENT, OPERATOR agrees to pay 2 500 to CITY within
thirty (30) days of execution of this AGREEMENT.
13. Attorney Fees and Costs.
In any action or proceeding between CITY and OPERATOR brought to interpret or
enforce this AGREEMENT, or which in any way arises out of the existence of this
AGREEMENT or is based upon any term or provision contained herein, the "prevailing
party" in such action or proceeding shall be entitled to recover from the non -prevailing party,
in addition to all other relief to which the prevailing party may be entitled pursuant to this
AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an
amount to be determined by the court. The prevailing party shall be determined by the court
in accordance with California Code of Civil Procedure Section 1032. Fees and costs
recoverable pursuant to this Section 17 include those incurred during any appeal from an
underlying judgment and in the enforcement of any judgment rendered in any such action or
proceeding.
14. Notice.
Any notice, tender, demand, delivery, or other communication pursuant to this
AGREEMENT shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by fax or other
telegraphic communication in the manner provided in this section, to the following persons:
To CITY: Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax 714-647-6956
Copies to: Executive Director— Planning and Building Agency
City of Santa Ana
20 Civic Center Plaza (M-20)
P.O. Box 1988
Santa Ana, California 92702-1988
Fax 714-973-1461
City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, California 92702-1988
Fax 714-647-6515
To OPERATOR: Keven Brahmbhatt
Excelbis Labs
1920 E warner avenue
Unit 3F, SANTA ANA, CA 92705
Tel (714) 595-1965
Email keven@exclebislabs.com
A party may change its address by giving signed notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If
sent by mail, communication shall be effective or deemed to have been given three (3) days
after it has been deposited in the United States mail, duly registered or certified, with
postage prepaid, and addressed as set forth above. If sent by fax or email document
attachment, communication shall be effective or deemed to have been given twenty-four
(24) hours after the time set forth on the transmission report issued by the transmitting
facsimile machine, addressed as set forth above. For purposes of calculating these time
frames, weekends, federal, state, County or City holidays, or City Hall closure dates shall be
excluded.
15. Exclusivity and Amendment.
This AGREEMENT represents the complete and exclusive statement between CITY and
OPERATOR, and supersedes any and all other agreements, oral or written, between the
parties. This AGREEMENT may not be modified except by written instrument signed by
CITY and by an authorized representative of OPERATOR. Each party to this AGREEMENT
acknowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which are
not embodied herein.
16. Assignment.
OPERATOR may not assign or transfer any interest herein without the prior written
consent of CITY and any such assignment or transfer without CITY's prior written consent
shall be considered null and void.
17. Discrimination.
OPERATOR shall not discriminate because of race, color, creed, religion, sex, marital
status, sexual orientation, age, national origin, ancestry, disability, gender identity, gender
expression, medical condition, genetic information, military or veteran status. as defined and
prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
termination or other employment related activities. OPERATOR affirms that it is an equal
opportunity employer and shall comply with all applicable federal, state and local labor laws
and regulations.
18. Jurisdiction -Venue.
This AGREEMENT has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this
AGREEMENT shall be determined and governed by the laws of the State of California.
Both parties further agree that Orange County, California, shall be the venue for any action
or proceeding that may be brought or arise out of, in connection with or by reason of this
AGREEMENT.
19. Severability.
If any part of this AGREEMENT is found to conflict with applicable local or state laws or
regulations, such part shall be inoperative, null and void insofar as it conflict with said laws
or regulations, or may be modified or suspended as may be necessary to comply with any
local or state law or regulation but the remainder of the AGREEMENT shall continue in full
force and effect.
20. Counterparts.
This AGREEMENT may be executed in counterparts, each of which shall be deemed
an original but all of which together shall constitute one and the same instrument. The
execution of this AGREEMENT may be by actual, facsimile or electronic signature.
21. Disclaimer.
Despite California's commercial cannabis laws and the terms and conditions of this
AGREEMENT or any Regulatory Safety Permit issued pertaining to OPERATOR or the
hereinabove specified property location, California commercial cannabis cultivators,
transporters, distributors, cannabis testing facility/laboratory businesses or possessors may
still be subject to arrest by state or federal officers and prosecuted under state or federal
law. The Federal Controlled Substances Act, 21 USC § 801 et. seq., prohibits the
manufacture, manufacturing, and possession of cannabis without any exemptions for
medical or non -medicinal use.
22. Authority to Bind.
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
AGREEMENT, and shall indemnify CITY fully, including reasonable costs and attorney's
fees, for any injuries or damages to CITY in the event that such authority or power is not, in
fact, held by the signatory or is withdrawn.
-Signature Page Below-
A-2017-390-01A
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT the date and year
first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
Jose Montoya
Deputy City Attorney
RECOMMENDED FOR APPROVAL:
O '
Minh Thai, Executive Director
Planning & Building Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
OPERATOR
LEGAL
NAME: Excelbis Labs LLC
SIGNATORY keven Brahmbhatt
NAME:
TITLE: CEO/Owner
TAXPAYER ID: 83-2815442
Signature
EXHIBIT A
COMMUNITY BENEFIT AND SUSTAINABLE BUSINESS PRACTICES PLAN
Our Mission
Our Mission at Excelbis Labs is to help protect and educate cannabis consumers by
testing cannabis product in compliance with CA State Regulation, while also offering R&D
services to help cultivators and manufacturers test their products during the growth phase to
help them in creating a high quality and safe product. We are here to provide service for local
cannabis cultivators and manufactures to make sure that their products can pass all testing that
is required under CA State law before being able to sell to a dispensary. We utilize the most
sophisticated instrumentation with methods of testing that were developed by some of the
most experienced PHD's that have been successful in the toxicology industry for over 10 years.
Excelbis implements a strong foundation from the clinical space and will utilize that In the
cannabis field to give a sense our clients a sense of confidence and professionalism.
Community Benefits
We at Excelbis Labs know that community ties are important, and we want to do
whatever we can to help give back to the community of Santa Ana. Our goal is to help out in
the community in some capacity that Excelbis labs feels it can offer the most value, which is
why company wide all staff members will be required to volunteer with the Boys and Girls club
of Santa Ana, specifically the teen empowerment and its college bound programs. Because all
Excelbis staff members are required to have a college education with most having post
graduate degree, we feel we can offer the most value helping students prepare for college by
offering college guidance, academic support in high school. Students with particular interests in
STEM or working in a lab would benefit from these opportunities. As a lab because we need to
constantly update devices are the end of every year, such as surface books, ipads and
computers. All old devices will be donated to the boys and girls club.
During the beginning of the holiday season Excelbis labs will roll out a donation program
where the company and its' staff will provide toys for to The Salvation Army of Santa Ana.
Excelbis will be sending a mass email requesting toys from our clients to donate to this local
program. At the end of every quarter a $1000 donation will be made to the Salvation Army of
Santa Ana.
Sustainable Building and Business Practices
Since we work with chemicals and solutions, we will always make sure they are handled
with proper care and that they do not go back into our environment. All our chemicals and
solutions are properly put into container and picked up from a biowaste management company
to dispose of efficiently.
At Excelbis we are opting to for a green initiative the kitchen room and the office
workspace each have its own recyclable trash can designated for plastic, cans and bottles. Our
lab provides a water delivery jug through sparkletts and each employee will be provided by the
company one hydro flask to encourage conservation of plastic and reduce water bottle usage.
In order to conserve on paper all lab notes will be implemented and stored digitally in our
servers to for conservation purposes and will only be printed out upon request. We are utilizing
surface book tablets for most of our lab work when it comes to collecting signatures and
taking.Per the state of California all sample picks up for compliance state testing, require us to
drive. In order to reduce gas emissions, Excelbis labs will be utilizing hybrid or electric cars for
its courier pick-ups. Excelbis labs currently uses a hybrid Toyota prius as its designated lab pick
up vehicle, to conserve and gas and promote an eco-friendly method of transportation.
Local Hiring and Sourcing
Becoming a cannabis testing lab in Santa Ana brings opportunity for more jobs in the
community. We will work with local colleges to help hire part time students along with putting
an internship program together to help students who want to get into this field, permitting they
are 21 and over. We plan on reaching out to the Santa Ana college and OCC science
departments and work out a program where once a month the colleges students can sign up
and take a tour of the facility and ask our Lab director questions and see if it would be a good
fit. While most of the lab work needs to be done by college graduates. Current students still in
school are able to work in our intake room where they can handle samples, tag them and
prepare them to begin the testing process. We plan on sending job openings to the local
colleges to fill this role. We plan on hitting a hiring goal of 50% local hiring
We will also work with the local unemployment office for anyjob openings to fill non lab
roles, such as a becoming a lab courier, account rep or customer service. All of our employees
and owners will sign a labor peace agreement to show that we are fair and do not want to have
any future issues. We believe that running a business is like being in a family and we want our
employees to be treated just like that.
Since starting this lab Excelbis has continually sourced services from local business in the
city of Santa Ana. Our current service providers in the city is Airgas for our gases, American
Alarm for all security purposes and fire sprinkler alarm system, we utilize an independent IT
company 133net for all our IT needs, OC express handles all of our weekly office cleaning and
monthly lab cleaning. We will continue using services in the city whenever available.
As a resident of Santa Ana I have seen the city change immensely in the past two years
since cannabis has been legalized and seen the city grow in a positive light with new
developments being built while simultaneously attracting people to move to the city just to
work in this new and evolving industry. I look forward hiring and growing my business within
the community.
Payment and Fees
Excelbis Labs has hired a professional accountant who is familiar with the cannabis CA State
Regulations to make sure that all our tax payments and fees get paid on a timely manner.
• Expressed support in having youth and young adult succeed in school
and do well economically.
Councilmember Villegas:
• Thanked OCFA and Historical Preservation Association for delivering
Santa to Tree Lighting Ceremony — successful event
• Update on the Brown Act Policy
Councilmember Benavides:
• Provided update on his Santa Ana Police gang unit ride along;
• Commented on efforts by the police department; special kudos to
PAAL program with suppression, intervention and community oriented
policing.
• Encouraged staff to continue investment with youth and residents —
economic development such as streamlining application process.
• Thankful for efforts by all in making City great.
Mayor Pulido:
• Wished all a Happy Thanksgiving.
PUBLIC COMMENTS — (Agenized Items)
• Sam Romero, expressed concern of businesses negatively impacting the quality of
life of the residents and presented the City Council with a list of concerns.
• Sean Crowly, commended City Council for legalizing bee keeping in the City of
Santa Ana. Expressed concern as to how the code was written.
AGENDA ITEMS CONSIDERED OUT OF ORDER AND JOINTLY:
Councilmember Solorio, opined that item 11 E has a connection with item 55D since
both deal with retail cannabis business and timing of operational status letters and
should be combined.
City Attorney Sonia Carvalho noted City Council could combine Items 11 E, 55D, 65C,
and 75B, but would be required to open public hearing to take public comments prior to
discussing item 75B.
Councilmember Benavides, directed all items be combined and considered
simultaneously. Clarified remaining items as 55D, 65C, and 75B.
City Attorney Sonia Carvalho noted 11 E is only a receive and file item.
Mayor Pro Tem Michelle Martinez requested staff to clarify if the 17 medical
dispensaries who have licenses would have to comply with criteria being considered
today.
CITY COUNCIL MINUTES 34 NOVEMBER 21, 2017
Councilmember Solorio, opined three significant items that should be included in 55D
agreements, In support of keeping the number at 30 and not create artificial deadlines,
Asked City Attorney Sonia Carvalho how to describe a timeline line process using
legalese.
City Attorney Carvalho noted processes have already been set in Chapter 40 ordinance
which have already been adopted and application date has been also set. Expressed
concern to have something in writing providing direction on how to process additional 10
applications.
Councilmember Solorio, opined timeline should be at the approval and discretion of
City Manager Godinez, acknowledged this is a priority expressed by the City Council
and expressed willingness to work with the City Attorney to reduce cap at the direction
of the City Council,
City Attorney Carvalho, noted any revisions would require first and second reading. And
summarized motion as receive and file Item 11 E, approve 55D and would require
Incorporation of three bullets under item three of the merit criteria into the operating
agreements, and to adopt fees as set forth in 75B
Councilmember Solorio, requested inclusion direction to staff with respect with future
applications upon approval of City Manager and agreed upon timeline and process that
has been established and to include in merit based application item 5 also state `or has
owned a business in Santa Ana for 12 consecutive months."
75B. PUBLIC HEARING: ADOPT A RESOLUTION TO CREATE CANNABIS -
RELATED REGISTRATION APPLICATION AND REGULATORY
SAFETY PERMIT FEES IN THE FISCAL YEAR 2017/18
MISCELLANEOUS FEE SCHEDULE {STRATEGIC PLAN NO. 4, 3} -
Planning and Building Agency
Legal Notice published in the Orange County Register on November 11
and 17, 2017.
Councilmember Benavides opened the Hearing. There were no speakers
and the Hearing closed.
MOTION: Adopt a resolution.
RESOLUTION NO 2017-073- A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANTA ANA CREATING THE ADULT -USE CANNABIS
RETAIL REGISTRATION APPLICATION FEE AND REGULATORY
SAFETY PERMIT FEE TO BE APPLICABLE TO ADULT -USE CANNABIS
RETAIL BUSINESSES IN ACCORDANCE WITH CHAPTER 40 OF THE
SANTA ANA MUNICIPAL CODE
CITY COUNCIL MINUTES 36 NOVEMBER 21, 2017
MOTION: Solorio
SECOND: Tinajero
VOTE: AYES:
Benavides, Soloro, Tinajero, Villegas (4)
NOES:
Martinez (1)
ABSTAIN:
Pulido, Sarmiento (2)
ABSENT:
None (0)
PUBLIC COMMENTS (Non-Agenized Items).
• Dale Helvig, expressed concern as to development projects in North Santa Ana;
North Santa Ana Preservation Alliance opposes any rezoning and general plan
amendment at proposed development at 2525 Main Street.
90A. CITY MANAGER'S COMMENTS
City Manager Godinez, complimented Parks and Recs staff for their
work in the Plaza Navidena event; acknowledged Executive Director
Mouet for receiving the Heart of the City award and thanked the City
workforce for their dedication this year and wished everyone a happy
Thanksgiving.
Councilmember Tinajero, reported City . of Santa Ana has been
selected as the 2019 as the host site for National College Speech and
Debate tournament.
ADJOURNED - 9:14 The next meeting of the City Council is scheduled for
Tuesday, December 5, 2017 at 5:00 p.m. for the Closed Session
Meeting immediately followed by the Regular Open Business
Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center
Plaza, Santa Ana, California.
Maria D. Huizar,
Clerk of the Council
FUTURE AGENDA ITEMS
• Jail Reuse tentatively scheduled for December 5, 2017
Labor Contracts
CITY COUNCIL MINUTES 38 NOVEMBER 21, 2017