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HINDERLITER, DE LLAMAS AND ASSOCIATES (“HDL”)
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HINDERLITER, DE LLAMAS AND ASSOCIATES (“HDL”)
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Last modified
7/25/2024 11:10:08 AM
Creation date
7/25/2024 11:09:39 AM
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Contracts
Company Name
HINDERLITER, DE LLAMAS AND ASSOCIATES (“HDL”)
Contract #
A-2024-104
Agency
Finance & Management Services
Council Approval Date
7/16/2024
Expiration Date
6/30/2029
Insurance Exp Date
5/26/2025
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DocuSign Envelope ID: 9822D5D4-600B-4A67-B07F-02E760760EIB <br />EXHIBIT C <br />BUSINESS LICENSE TAX FOR CANNABIS BUSINESS <br />SECTION I: SCOPE OF SERVICES <br />1. PREPARE BIANNUAL MARKET ANALYSIS AND REVENUE ESTIMATES <br />1.1 Hinderliter, de Llamas and Associates ("HdL") shall prepare a brief market analysis of the <br />cannabis industry in the City of Santa Ana including information and updates regarding <br />pending legislation or regulatory changes that may impact the City's cannabis <br />program/revenues. HdL will also prepare biannual revenue estimates to inform City budgeting <br />decisions. The analysis shall focus primarily on the cannabis retail sector and shall consider <br />factors including the population of the City and the surrounding service area, average sales, <br />leakage to licensed retailers in other nearby jurisdictions and the presence of unlicensed <br />cannabis delivery services. <br />1.2 To inform this analysis, HdL shall work with the City to develop a questionnaire that will be <br />provided to licensed cannabis businesses to help identify trends in pricing, sales and consumer <br />preferences, along with other relevant information or observations the businesses may want to <br />share. HdL shall engage with cannabis businesses on the City's behalf as may be requested to <br />discuss the information requests and to glean additional infomnation or understanding where <br />possible. Responses from this questionnaire will be used in conjunction with empirical data <br />derived from other sources to provide the City with forward -looking projections for gross <br />receipts and resulting City revenues. <br />1.3 HdL's analysis shall also include a comparison of the City's cannabis tax rates and revenues <br />with those from other nearby or comparable jurisdictions. This analysis may be used by the <br />City to inform budgeting decisions as well as discussions about possible changes to current <br />cannabis business tax rates or related regulatory requirements. <br />1.4 It is anticipated that HdL's analysis shall be provided in the form of a biannual 4 to 6-page <br />memo for internal use by City staff. The actual length, format, content and use of the analysis <br />shall be determined in consultation with City staff and may vary as needed or requested by the <br />City. HdL will provide one initial draft report for staff to review and critique plus one iterative <br />draft that will incorporate any requested revisions prior to providing the final report. Any <br />additional drafts, iterations or documentation that may be requested by the City would be in <br />addition to the costs shown in HdL's Cost Proposal.HdL's subject matter expert shall be <br />available to meet with City staff biannually to review and discuss the analysis and revenue <br />projections as well as any observations or recommended actions. This proposal assumes that <br />such meetings would be conducted remotely. <br />2. ANNUAL BUSINESS LICENSE TAX AUDIT SERVICES <br />2.1 HdL will conduct an annual revenue audit of at least three (3) cannabis businesses to verify the <br />accuracy of the revenue reported and remitted to the City during the review period and will <br />recommend a tax adjustment should the audit reveal any variances in reported revenue. Such <br />audit services shall be conducted in accordance with the City's Municipal Code (Chapter 21, <br />Articles XII and XIII, and Sec. 40-106). As part of the audit process, HdL will conduct a risk - <br />based review of each business using our proprietary methodology, which was developed to <br />specifically address the unique challenges associated with auditing the cannabis industry. Our <br />methodology allows audit staff to cross -analyze multiple business records to identify reporting <br />
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